Revisions to the Commonwealth of the Northern Mariana Islands State Implementation Plan, Update to Materials Incorporated by Reference, 44478-44481 [05-15326]
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44478
Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations
I 46. In § 81.345 the table titled ‘‘Utah—
Ozone (1-Hour Standard)’’ is amended
by adding footnote 2 to read as follows:
§ 81.345
*
*
*
*
Utah—Ozone (1-Hour Standard) 2
*
*
*
Hour Standard)’’ is amended by adding
footnote 2 to read as follows:
*
§ 81.354
*
*
*
*
*
The 1-hour ozone standard is revoked
effective June 15, 2005 for all areas in Utah.
The Salt Lake City area is a maintenance area
for the 1-hour NAAQS for purposes of 40
CFR part 51 subpart X.
2
51. In § 81.350 the table titled
‘‘Wisconsin—Ozone (1-Hour Standard)’’
is amended by adding footnote 4 to read
as follows:
I
47. In § 81.346 the table titled
‘‘Vermont—Ozone (1-Hour Standard)’’ is
amended by adding footnote 2 to read as § 81.350 Wisconsin.
follows:
*
*
*
*
I
§ 81.346
*
*
*
*
*
Vermont—Ozone (1-Hour Standard) 2
*
*
*
*
*
2 The 1-hour ozone standard is revoked
effective June 15, 2005 for all areas in
Vermont.
48. In § 81.347 the table titled
‘‘Virginia—Ozone (1-Hour Standard)’’ is
amended by adding footnote 3 to read as
follows:
I
§ 81.347
*
Virginia.
*
*
*
*
*
*
4 The 1-hour ozone standard is revoked
effective June 15, 2005 for all areas in
Wisconsin. The Door Co., Kewaunee Co.,
Manitowoc Co., Sheboygan, and Walworth
Co. areas are maintenance areas for the 1hour NAAQS for purposes of 40 CFR part 51
subpart X.
52. In § 81.351 the table titled
‘‘Wyoming—Ozone (1-Hour Standard)’’
is amended by adding footnote 2 to read
as follows:
I
§ 81.351
*
*
Wyoming.
*
*
*
Northern Mariana Islands—Ozone (1Hour Standard) 2
*
*
*
*
*
The 1-hour ozone standard is revoked
effective June 15, 2005 for all areas in
Northern Mariana Islands.
2
I 56. In § 81.355 the table titled ‘‘Puerto
Rico—Ozone (1-Hour Standard)’’ is
amended by adding footnote 2 to read as
follows:
*
*
Puerto Rico.
*
*
*
Puerto Rico—Ozone (1-Hour
Standard) 2
*
*
*
*
*
The 1-hour ozone standard is revoked
effective June 15, 2005 for all areas in Puerto
Rico.
2
I 57. In § 81.356 the table titled ‘‘Virgin
Islands—Ozone (1-Hour Standard)’’ is
amended by adding footnote 2 to read as
follows:
§ 81.356
*
*
Virgin Islands.
*
*
*
Virgin Islands—Ozone (1-Hour
Standard) 2
*
Wyoming—Ozone (1-Hour Standard) 2
*
*
The 1-hour ozone standard is revoked
effective June 15, 2005 for all areas in the
Virgin Islands.
*
*
*
*
49. In § 81.348 the table titled
‘‘Washington—Ozone (1-Hour
Standard)’’ is amended by adding
footnote 2 to read as follows:
I
§ 81.348
*
*
*
*
*
*
*
*
53. In § 81.352 the table titled
‘‘American Samoa—Ozone (1-Hour
Standard)’’ is amended by adding
footnote 2 to read as follows:
I
*
*
*
American Samoa—Ozone (1-Hour
Standard) 2
*
*
*
*
*
54. In § 81.353 the table titled
‘‘Guam—Ozone (1-Hour Standard)’’ is
amended by adding footnote 2 to read as
follows:
I
*
The 1-hour ozone standard is revoked
effective June 15, 2005 for all areas in
Washington. The Portland-Vancouver AQMA
and Seattle-Tacoma areas are maintenance
areas for the 1-hour NAAQS for purposes of
40 CFR part 51 subpart X.
§ 81.353
*
Guam.
*
*
*
*
50. In § 81.349 the table titled ‘‘West
Virginia—Ozone (1-Hour Standard)’’ is
amended by adding footnote 2 to read as
follows:
Guam—Ozone (1-Hour Standard) 2
§ 81.349
I
I
*
West Virginia.
*
VerDate jul<14>2003
*
*
*
*
*
*
The 1-hour ozone standard is revoked
effective June 15, 2005 for all areas in Guam.
2
55. In § 81.354 the table titled
‘‘Northern Mariana Islands—Ozone (1-
*
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58. Subpart E is removed.
[FR Doc. 05–15218 Filed 8–2–05; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 52
[CMNI 124–NBK; FRL–7938–6]
*
2 The 1-hour ozone standard is revoked
effective June 15, 2005 for all areas in
American Samoa.
2
*
ENVIRONMENTAL PROTECTION
AGENCY
American Samoa.
*
*
2
The 1-hour ozone standard is revoked
effective June 15, 2005 for all areas in
Wyoming.
*
Washington—Ozone (1-Hour
Standard) 2
*
*
*
2
§ 81.352
Washington.
*
*
*
Northern Mariana Islands.
*
The 1-hour ozone standard is revoked
effective June 15, 2005 for all areas in
Virginia except Northern Shenandoah Valley
Region (Winchester City and Frederick
County) and Roanoke areas. The NorfolkVirginia Beach-Newport News and Richmond
Areas are maintenance areas for the 1-hour
NAAQS for purposes of 40 CFR part 51
subpart X.
*
*
Virginia—Ozone (1-Hour Standard) 3
3
*
*
§ 81.355
*
Wisconsin—Ozone (1-Hour Standard) 4
Vermont.
*
*
The 1-hour ozone standard is revoked
effective June 15, 2005 for all areas in West
Virginia except the Eastern Pan Handle
Region (Berkeley and Jefferson Counties).
The Charleston, Greenbrier Co., HuntingtonAshland, and Parkersburg areas are
maintenance areas for the 1-hour NAAQS for
purposes of 40 CFR part 51 subpart X.
2
Utah.
*
West Virginia—Ozone (1-Hour
Standard) 2
Sfmt 4700
Revisions to the Commonwealth of the
Northern Mariana Islands State
Implementation Plan, Update to
Materials Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
AGENCY:
SUMMARY: EPA is updating the materials
submitted by the Commonwealth of the
Northern Mariana Islands that are
incorporated by reference (IBR) into the
Commonwealth of the Northern Mariana
Islands State Implementation Plan (SIP).
The regulations affected by this update
have been previously submitted by the
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Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations
territorial agency and approved by EPA.
This update affects the SIP materials
that are available for public inspection
at the Office of the Federal Register
(OFR), Office of Air and Radiation
Docket and Information, and the
Regional Office.
DATES: Effective Date: This rule is
effective on August 3, 2005.
ADDRESSES: SIP materials that are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations and online at
EPA Region IX’s Web site:
Air Division, Environmental
Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA
94105–3901.
Air and Radiation Docket and
Information Center, U.S. Environmental
Protection Agency, Room B–102, 1301
Constitution Avenue, NW., (Mail Code
6102T), Washington, DC 20460.
Office of the Federal Register, 800
North Capitol Street, NW., Suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Julie
A. Rose, EPA Region IX, (415) 947–
4126, rose.julie@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. State Implementation Plan History and
Process
B. Content of Revised IBR Document
C. Revised Format of the ‘‘Identification of
Plan’’ Section in Subpart FFF
D. Enforceability and Legal Effect
E. Notice of Administrative Change
II. Public Comments
III. Statutory and Executive Order Reviews
I. Background
A. State Implementation Plan History
and Process
Each State is required to have a SIP
that contains the control measures and
strategies that will be used to attain and
maintain the national ambient air
quality standards (NAAQS). The control
measures and strategies must be
formally adopted by each State after the
public has had an opportunity to
comment on them. They are then
submitted to EPA as SIP revisions on
which EPA must formally act.
Once these control measures are
approved by EPA after notice and
comment, they are incorporated into the
SIP and are identified in part 52,
Approval and Promulgation of
Implementation Plans, Title 40 of the
Code of Federal Regulations (40 CFR
part 52). The actual State regulations
that are approved by EPA are not
reproduced in their entirety in 40 CFR
part 52, but are ‘‘incorporated by
reference,’’ which means that the
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citation of a given State regulation with
a specific effective date has been
approved by EPA. This format allows
both EPA and the public to know which
measures are contained in a given SIP
and insures that the State is enforcing
the regulations. It also allows EPA and
the public to take enforcement action
should a State not enforce its SIPapproved regulations.
The SIP is a living document that the
State can revise as necessary to address
the unique air pollution problems in the
State. From time to time, therefore, EPA
must take action on SIP revisions
containing new and/or revised
regulations as being part of the SIP. On
May 22, 1997 (62 FR 27968), as a result
of consultations between EPA and OFR,
EPA revised the procedures for
incorporating by reference federallyapproved SIPs. EPA began the process
of developing (1) a revised SIP
document for each State that would be
incorporated by reference under the
provisions of 1 CFR part 51; (2) a
revised mechanism for announcing EPA
approval of revisions to an applicable
SIP and updating both the IBR
document and the CFR, and (3) a
revised format of the ‘‘Identification of
plan’’ sections for each applicable
subpart to reflect these revised IBR
procedures. The description of the
revised SIP document, IBR procedures,
and ‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997, Federal Register document.
B. Content of Revised IBR Document
The new SIP compilations contain the
Federally-approved portion of
regulations submitted by each State
agency. These regulations have all been
approved by EPA through previous rule
making actions in the Federal Register.
The compilations are stored in hard
covered folders and will be updated,
usually on an annual basis.
Each compilation contains two parts.
Part 1 contains the regulations and Part
2 contains nonregulatory provisions that
have been EPA-approved. Each part
consists of a table of identifying
information for each regulation and
each nonregulatory provision. The table
of identifying information corresponds
to the table of contents published in 40
CFR part 52 for each State and Territory.
The Regional EPA Offices have the
primary responsibility for ensuring
accuracy and updating the
compilations. The Region IX EPA Office
developed and will maintain the
compilation for the Commonwealth of
the Northern Mariana Islands. A copy of
the full text of each State’s current
compilation will also be maintained at
the Office of the Federal Register and
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EPA’s Air Docket and Information
Center.
C. Revised Format of the ‘‘Identification
of Plan’’ Section in Subpart FFF
In order to better serve the public,
EPA is revising the organization of the
‘‘Identification of plan’’ section to
include additional information that will
make it clearer as to what provisions
constitute the enforceable elements of
the SIP.
The revised ‘‘Identification of plan’’
section will contain five subsections: (a)
Purpose and scope, (b) Incorporation by
reference, (c) EPA approved regulations,
(d) EPA approved source specific
permits, and (e) EPA approved
nonregulatory provisions such as
transportation control measures,
statutory provisions, control strategies,
monitoring networks, etc.
D. Enforceability and Legal Effect
All revisions to the applicable SIP
become federally enforceable as of the
effective date of the revisions to
paragraph (c), (d), or (e) of the
applicable ‘‘Identification of plan’’
found in each subpart of 40 CFR part 52.
To facilitate enforcement of previously
approved SIP provisions and provide a
smooth transition to the new SIP
processing system, EPA is retaining the
original ‘‘Identification of plan’’ section,
previously appearing in the CFR as the
first section of part 52 for subpart FFF,
Commonwealth of the Northern Mariana
Islands.
E. Notice of Administrative Change
Today’s rule constitutes a
‘‘housekeeping’’ exercise to ensure that
all revisions to State programs that have
occurred are accurately reflected in 40
CFR part 52. State SIP revisions are
controlled by EPA regulations at 40 CFR
part 51. When EPA receives a formal SIP
revision request, the Agency must
publish the proposed revision in the
Federal Register and provide for public
comment before approval.
II. Public Comments
EPA has determined that today’s rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
that, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation; and section
553(d)(3), which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). Today’s rule simply codifies
provisions that are already in effect as
a matter of law in Federal and approved
State programs. Under section 553 of the
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APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
is therefore not subject to review by the
Office of Management and Budget. This
rule is not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866. Because the agency has made a
‘‘good cause’’ finding that this action is
not subject to notice-and-comment
requirements under the Administrative
Procedure Act or any other statute as
indicated in the SUPPLEMENTARY
INFORMATION section above, it is not
subject to the regulatory flexibility
provisions of the Regulatory Flexibility
Act (5 U.S.C 601 et seq.), or to sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4). In addition, this action does not
significantly or uniquely affect small
governments or impose a significant
intergovernmental mandate, as
described in sections 203 and 204 of
UMRA. This rule also does not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant. This rule does
not involve technical standards; thus
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. The rule also
does not involve special consideration
of environmental justice related issues
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as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This rule does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). EPA’s compliance
with these statutes and Executive
Orders for the underlying rules are
discussed in previous actions taken on
the State’s rules.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act (5
U.S.C. 801 et seq.), as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. Today’s action simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
State programs. 5 U.S.C. 808(2). As
stated previously, EPA has made such a
good cause finding, including the
reasons therefore, and established an
effective August 3, 2005. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. These corrections to the
‘‘Identification of plan’’ for the
Commonwealth of the Northern Mariana
Islands are not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
Clean Air Act pertaining to petitions for
judicial review are not applicable to this
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action. Prior EPA rulemaking actions for
each individual component of the
Commonwealth of the Northern Mariana
Islands SIP compilation had previously
afforded interested parties the
opportunity to file a petition for judicial
review in the United States Court of
Appeals for the appropriate circuit
within 60 days of such rulemaking
action. Thus, EPA sees no need in this
action to reopen the 60-day period for
filing such petitions for judicial review
for these ‘‘Identification of plan’’
reorganization actions for the
Commonwealth of the Northern Mariana
Islands.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: June 24, 2005.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FFF—Commonwealth of the
Northern Mariana Islands’’
2. Section 52.2920 is redesignated as
§ 52.2921 and the Section heading and
paragraph (a) are revised to read as
follows:
I
§ 52.2921
Original identification of plan.
(a) This section identified the original
‘‘Implementation Plan for Compliance
With the Ambient Air Quality Standards
for the Commonwealth of the Northern
Mariana Islands’ and all revisions
submitted by the Commonwealth of the
Northern Mariana Islands that were
federally approved prior to June 1, 2005.
*
*
*
*
*
I 3. A new § 52.2820 is added to read as
follows:
§ 52.2920
Identification of plan.
(a) Purpose and scope. This section
sets forth the applicable State
implementation plan for the
Commonwealth of the Northern Mariana
Islands under section 110 of the Clean
Air Act, 42 U.S.C. 7401–7671q and 40
CFR part 51 to meet national ambient air
quality standards.
(b) Incorporation by reference.
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Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations
(1) Material listed in paragraphs (c)
and (d) of this section with an EPA
approval date prior to June 1, 2005, was
approved for incorporation by reference
by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated
as it exists on the date of the approval,
and notice of any change in the material
will be published in the Federal
Register. Entries in paragraphs (c) and
(d) of this section with EPA approval
dates after June 1, 2005, will be
incorporated by reference in the next
update to the SIP compilation.
(2) EPA Region IX certifies that the
rules/regulations provided by EPA in
the SIP compilation at the addresses in
paragraph (b)(3) of this section are an
exact duplicate of the officially
promulgated State rules/regulations
which have been approved as part of the
State implementation plan as of June 1,
2005.
(3) Copies of the materials
incorporated by reference may be
inspected at the Region IX EPA Office
44481
at 75 Hawthorne Street, San Francisco,
CA 94105; the Air and Radiation Docket
and Information Center, U.S.
Environmental Protection Agency, 1301
Constitution Avenue, NW., Room B108,
Washington, DC; or the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call (202) 741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
(c) EPA approved regulations.
TABLE 52.2920.—EPA APPROVED COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS REGULATIONS
Title/subject
Effective
date
Authority .............................................................
Purpose and Policy ............................................
Policy .................................................................
Definitions (a—www) .........................................
Permitting of New Sources And Modifications
(A—M).
Registration of Existing Sources (A—D) ...........
Sampling, Testing and Reporting Methods (A—
D).
Prohibition of Air Pollution .................................
Control of Open Burning
Control of Visible Emissions
Control of Emissions from Motor Vehicles
Control of Fugitive Dust and Other Particulate
Matter
Control of Incineration
Control of Process Industries
Process Weight Rate
Control of Sulfur Oxides From Fuel Combustion
Variances to Prohibition of Air Pollution
Fees (A—B) .......................................................
Public Participation (A–E) ..................................
Enforcement (A—E) ...........................................
Severability ........................................................
Effective Date ....................................................
Certification ........................................................
01/19/1987
01/19/1987
01/19/1987
01/19/1987
01/19/1987
11/13/1987,
11/13/1987,
11/13/1987,
11/13/1987,
11/13/1987,
01/19/1987
01/19/1987
11/13/1987, 52 FR 43574
11/13/1987, 52 FR 43574
01/19/1987
11/13/1987, 52 FR 43574
01/19/1987
01/19/1987
01/19/1987
01/19/1987
01/19/1987
01/19/1987
11/13/1987,
11/13/1987,
11/13/1987,
11/13/1987,
11/13/1987,
11/13/1987,
State citation
Air Pollution Control
Regulations:
Part I ......................
Part II .....................
Part III ....................
Part IV ...................
Part V ....................
Part VI ...................
Part VII ..................
Part VIII .................
Paragraph A ...
Paragraph B ...
Paragraph C ...
Paragraph D ...
Paragraph E ...
Paragraph F ...
Table VIII–1 ....
Paragraph G ...
Part
Part
Part
Part
Part
Part
Paragraph H ...
IX ...................
X ....................
XI ...................
XII ..................
XIII .................
XIV .................
EPA approval date
52
52
52
52
52
52
52
52
52
52
52
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
Explanation
43574
43574
43574
43574
43574
43574
43574
43574
43574
43574
43574
(d) EPA approved State source
specific requirements.
Name of source
None .............................
Effective
date
Permit number
EPA approval date
Explanation
.......................................................................
(e) [Reserved].
Direct final rule; correcting
amendments.
ACTION:
[FR Doc. 05–15326 Filed 8–2–05; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 52
SUMMARY: EPA is taking direct final
action to correct an error in the
instructions amending the Code of
Federal Regulations in the notice which
approved the removal of Oregon’s
control technology guidelines for
perchloroethylene (perc) dry cleaning
systems and related definitions and
provisions, published on December 1,
[R10–OAR–2005–OR–0005; FRL–7944–1]
Approval and Promulgation of Air
Quality Implementation Plans; Oregon;
Correcting Amendment
Environmental Protection
Agency (EPA).
AGENCY:
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]]>Agencies
[Federal Register Volume 70, Number 148 (Wednesday, August 3, 2005)]
[Rules and Regulations]
[Pages 44478-44481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15326]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CMNI 124-NBK; FRL-7938-6]
Revisions to the Commonwealth of the Northern Mariana Islands
State Implementation Plan, Update to Materials Incorporated by
Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
-----------------------------------------------------------------------
SUMMARY: EPA is updating the materials submitted by the Commonwealth of
the Northern Mariana Islands that are incorporated by reference (IBR)
into the Commonwealth of the Northern Mariana Islands State
Implementation Plan (SIP). The regulations affected by this update have
been previously submitted by the
[[Page 44479]]
territorial agency and approved by EPA. This update affects the SIP
materials that are available for public inspection at the Office of the
Federal Register (OFR), Office of Air and Radiation Docket and
Information, and the Regional Office.
DATES: Effective Date: This rule is effective on August 3, 2005.
ADDRESSES: SIP materials that are incorporated by reference into 40 CFR
part 52 are available for inspection at the following locations and
online at EPA Region IX's Web site:
Air Division, Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105-3901.
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail
Code 6102T), Washington, DC 20460.
Office of the Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Julie A. Rose, EPA Region IX, (415)
947-4126, rose.julie@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. State Implementation Plan History and Process
B. Content of Revised IBR Document
C. Revised Format of the ``Identification of Plan'' Section in
Subpart FFF
D. Enforceability and Legal Effect
E. Notice of Administrative Change
II. Public Comments
III. Statutory and Executive Order Reviews
I. Background
A. State Implementation Plan History and Process
Each State is required to have a SIP that contains the control
measures and strategies that will be used to attain and maintain the
national ambient air quality standards (NAAQS). The control measures
and strategies must be formally adopted by each State after the public
has had an opportunity to comment on them. They are then submitted to
EPA as SIP revisions on which EPA must formally act.
Once these control measures are approved by EPA after notice and
comment, they are incorporated into the SIP and are identified in part
52, Approval and Promulgation of Implementation Plans, Title 40 of the
Code of Federal Regulations (40 CFR part 52). The actual State
regulations that are approved by EPA are not reproduced in their
entirety in 40 CFR part 52, but are ``incorporated by reference,''
which means that the citation of a given State regulation with a
specific effective date has been approved by EPA. This format allows
both EPA and the public to know which measures are contained in a given
SIP and insures that the State is enforcing the regulations. It also
allows EPA and the public to take enforcement action should a State not
enforce its SIP-approved regulations.
The SIP is a living document that the State can revise as necessary
to address the unique air pollution problems in the State. From time to
time, therefore, EPA must take action on SIP revisions containing new
and/or revised regulations as being part of the SIP. On May 22, 1997
(62 FR 27968), as a result of consultations between EPA and OFR, EPA
revised the procedures for incorporating by reference federally-
approved SIPs. EPA began the process of developing (1) a revised SIP
document for each State that would be incorporated by reference under
the provisions of 1 CFR part 51; (2) a revised mechanism for announcing
EPA approval of revisions to an applicable SIP and updating both the
IBR document and the CFR, and (3) a revised format of the
``Identification of plan'' sections for each applicable subpart to
reflect these revised IBR procedures. The description of the revised
SIP document, IBR procedures, and ``Identification of plan'' format are
discussed in further detail in the May 22, 1997, Federal Register
document.
B. Content of Revised IBR Document
The new SIP compilations contain the Federally-approved portion of
regulations submitted by each State agency. These regulations have all
been approved by EPA through previous rule making actions in the
Federal Register. The compilations are stored in hard covered folders
and will be updated, usually on an annual basis.
Each compilation contains two parts. Part 1 contains the
regulations and Part 2 contains nonregulatory provisions that have been
EPA-approved. Each part consists of a table of identifying information
for each regulation and each nonregulatory provision. The table of
identifying information corresponds to the table of contents published
in 40 CFR part 52 for each State and Territory. The Regional EPA
Offices have the primary responsibility for ensuring accuracy and
updating the compilations. The Region IX EPA Office developed and will
maintain the compilation for the Commonwealth of the Northern Mariana
Islands. A copy of the full text of each State's current compilation
will also be maintained at the Office of the Federal Register and EPA's
Air Docket and Information Center.
C. Revised Format of the ``Identification of Plan'' Section in Subpart
FFF
In order to better serve the public, EPA is revising the
organization of the ``Identification of plan'' section to include
additional information that will make it clearer as to what provisions
constitute the enforceable elements of the SIP.
The revised ``Identification of plan'' section will contain five
subsections: (a) Purpose and scope, (b) Incorporation by reference, (c)
EPA approved regulations, (d) EPA approved source specific permits, and
(e) EPA approved nonregulatory provisions such as transportation
control measures, statutory provisions, control strategies, monitoring
networks, etc.
D. Enforceability and Legal Effect
All revisions to the applicable SIP become federally enforceable as
of the effective date of the revisions to paragraph (c), (d), or (e) of
the applicable ``Identification of plan'' found in each subpart of 40
CFR part 52. To facilitate enforcement of previously approved SIP
provisions and provide a smooth transition to the new SIP processing
system, EPA is retaining the original ``Identification of plan''
section, previously appearing in the CFR as the first section of part
52 for subpart FFF, Commonwealth of the Northern Mariana Islands.
E. Notice of Administrative Change
Today's rule constitutes a ``housekeeping'' exercise to ensure that
all revisions to State programs that have occurred are accurately
reflected in 40 CFR part 52. State SIP revisions are controlled by EPA
regulations at 40 CFR part 51. When EPA receives a formal SIP revision
request, the Agency must publish the proposed revision in the Federal
Register and provide for public comment before approval.
II. Public Comments
EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) that, upon finding ``good cause,'' authorizes agencies to
dispense with public participation; and section 553(d)(3), which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA).
Today's rule simply codifies provisions that are already in effect as a
matter of law in Federal and approved State programs. Under section 553
of the
[[Page 44480]]
APA, an agency may find good cause where procedures are ``impractical,
unnecessary, or contrary to the public interest.'' Public comment is
``unnecessary'' and ``contrary to the public interest'' since the
codification only reflects existing law. Immediate notice in the CFR
benefits the public by removing outdated citations.
III. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. This rule is
not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866. Because the agency has made a ``good
cause'' finding that this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute as indicated in the SUPPLEMENTARY INFORMATION section above, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4). In addition, this action does not significantly or uniquely
affect small governments or impose a significant intergovernmental
mandate, as described in sections 203 and 204 of UMRA. This rule also
does not have a substantial direct effect on one or more Indian tribes,
on the relationship between the Federal government and Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), nor will it have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant. This rule does not involve
technical standards; thus the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. The rule also does not involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this
rule, EPA has taken the necessary steps to eliminate drafting errors
and ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct, as required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). EPA's
compliance with these statutes and Executive Orders for the underlying
rules are discussed in previous actions taken on the State's rules.
B. Submission to Congress and the Comptroller General
The Congressional Review Act (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. Today's
action simply codifies provisions which are already in effect as a
matter of law in Federal and approved State programs. 5 U.S.C. 808(2).
As stated previously, EPA has made such a good cause finding, including
the reasons therefore, and established an effective August 3, 2005. EPA
will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. These corrections to the
``Identification of plan'' for the Commonwealth of the Northern Mariana
Islands are not a ``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the Clean Air Act pertaining to petitions for judicial review are not
applicable to this action. Prior EPA rulemaking actions for each
individual component of the Commonwealth of the Northern Mariana
Islands SIP compilation had previously afforded interested parties the
opportunity to file a petition for judicial review in the United States
Court of Appeals for the appropriate circuit within 60 days of such
rulemaking action. Thus, EPA sees no need in this action to reopen the
60-day period for filing such petitions for judicial review for these
``Identification of plan'' reorganization actions for the Commonwealth
of the Northern Mariana Islands.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: June 24, 2005.
Laura Yoshii,
Acting Regional Administrator, Region IX.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart FFF--Commonwealth of the Northern Mariana Islands''
0
2. Section 52.2920 is redesignated as Sec. 52.2921 and the Section
heading and paragraph (a) are revised to read as follows:
Sec. 52.2921 Original identification of plan.
(a) This section identified the original ``Implementation Plan for
Compliance With the Ambient Air Quality Standards for the Commonwealth
of the Northern Mariana Islands' and all revisions submitted by the
Commonwealth of the Northern Mariana Islands that were federally
approved prior to June 1, 2005.
* * * * *
0
3. A new Sec. 52.2820 is added to read as follows:
Sec. 52.2920 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for the Commonwealth of the Northern Mariana
Islands under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q
and 40 CFR part 51 to meet national ambient air quality standards.
(b) Incorporation by reference.
[[Page 44481]]
(1) Material listed in paragraphs (c) and (d) of this section with
an EPA approval date prior to June 1, 2005, was approved for
incorporation by reference by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is
incorporated as it exists on the date of the approval, and notice of
any change in the material will be published in the Federal Register.
Entries in paragraphs (c) and (d) of this section with EPA approval
dates after June 1, 2005, will be incorporated by reference in the next
update to the SIP compilation.
(2) EPA Region IX certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of June 1, 2005.
(3) Copies of the materials incorporated by reference may be
inspected at the Region IX EPA Office at 75 Hawthorne Street, San
Francisco, CA 94105; the Air and Radiation Docket and Information
Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue,
NW., Room B108, Washington, DC; or the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call (202) 741-6030, or go to: https://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html.
(c) EPA approved regulations.
Table 52.2920.--EPA Approved Commonwealth of the Northern Mariana Islands Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effective
State citation Title/subject date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air Pollution Control Regulations:
Part I......................... Authority................. 01/19/1987 11/13/1987, 52 FR 43574 ....................................
Part II........................ Purpose and Policy........ 01/19/1987 11/13/1987, 52 FR 43574
Part III....................... Policy.................... 01/19/1987 11/13/1987, 52 FR 43574 ....................................
Part IV........................ Definitions (a--www)...... 01/19/1987 11/13/1987, 52 FR 43574 ....................................
Part V......................... Permitting of New Sources 01/19/1987 11/13/1987, 52 FR 43574 ....................................
And Modifications (A--M).
Part VI........................ Registration of Existing 01/19/1987 11/13/1987, 52 FR 43574 ....................................
Sources (A--D).
Part VII....................... Sampling, Testing and 01/19/1987 11/13/1987, 52 FR 43574
Reporting Methods (A--D).
Part VIII...................... Prohibition of Air 01/19/1987 11/13/1987, 52 FR 43574 ....................................
Pollution.
Paragraph A................ Control of Open Burning
Paragraph B................ Control of Visible
Emissions
Paragraph C................ Control of Emissions from
Motor Vehicles
Paragraph D................ Control of Fugitive Dust
and Other Particulate
Matter
Paragraph E................ Control of Incineration
Paragraph F................ Control of Process
Industries
Table VIII-1............... Process Weight Rate
Paragraph G................ Control of Sulfur Oxides
From Fuel Combustion
Paragraph H................ Variances to Prohibition
of Air Pollution
Part IX........................ Fees (A--B)............... 01/19/1987 11/13/1987, 52 FR 43574 ....................................
Part X......................... Public Participation (A-E) 01/19/1987 11/13/1987, 52 FR 43574 ....................................
Part XI........................ Enforcement (A--E)........ 01/19/1987 11/13/1987, 52 FR 43574 ....................................
Part XII....................... Severability.............. 01/19/1987 11/13/1987, 52 FR 43574 ....................................
Part XIII...................... Effective Date............ 01/19/1987 11/13/1987, 52 FR 43574 ....................................
Part XIV....................... Certification............. 01/19/1987 11/13/1987, 52 FR 43574 ....................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
(d) EPA approved State source specific requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effective
Name of source Permit number date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
None............................... .......................... ........... .................................... ....................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
(e) [Reserved].
[FR Doc. 05-15326 Filed 8-2-05; 8:45 am]
BILLING CODE 6560-50-P
