Approval and Promulgation of Implementation Plans; American Samoa, 7805-7808 [2015-02856]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations
Rmajette on DSK2VPTVN1PROD with RULES
that the direct final approval will not
take effect and we will address the
comments in a subsequent final action
based on the proposal. If we do not
receive timely adverse comments, the
direct final approval will be effective
without further notice on April 13,
2015. This will incorporate these rules
into the federally enforceable SIP.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves State law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by State law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
VerDate Sep<11>2014
13:49 Feb 11, 2015
Jkt 235001
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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. EPA will submit a
report containing this action 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. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 13, 2015.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the Proposed Rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
7805
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: December 29, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(441) (i)(D)(3) and
(c)(447)(i)(B) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(441) * * *
(i) * * *
(D) * * *
(3) Rule 4308, ‘‘Boilers, Steam
Generators, and Process Heaters—0.075
MMBtu/hr to less than 2.0 MMBtu/hr,’’
amended on November 14, 2013.
*
*
*
*
*
(447) * * *
(i) * * *
(B) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4307, ‘‘Boilers, Steam
Generators, and Process Heaters—2.0
MMBtu/hr to 5.0 MMBtu/hr,’’ amended
on May 19, 2011.
*
*
*
*
*
[FR Doc. 2015–02854 Filed 2–11–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[AS123–NBK; FRL–9922–86–Region 9]
Approval and Promulgation of
Implementation Plans; American
Samoa
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
AGENCY:
E:\FR\FM\12FER1.SGM
12FER1
7806
Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations
The Environmental Protection
Agency (EPA) is completing the process
begun in 2005 to revise the format of the
‘‘identification of plan’’ section for the
American Samoa State Implementation
Plan (SIP). Specifically, the EPA is
adding the nonregulatory provisions
and quasi-regulatory measures to the
revised ‘‘identification of plan’’ section.
The nonregulatory provisions and quasiregulatory measures affected by this
format revision have been previously
submitted by the Territory of American
Samoa and approved by the EPA.
DATES: This rule is effective on February
12, 2015.
ADDRESSES: Nonregulatory and quasiregulatory SIP materials are available for
inspection at Air Division, EPA Region
IX, 75 Hawthorne Street, San Francisco,
94105–3901 and online at EPA Region
IX’s Web site.
FOR FURTHER INFORMATION CONTACT:
Kevin Gong, Rules Office (AIR–4), U.S.
Environmental Protection Agency,
Region IX, (415) 972–3073, gong.kevin@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
SUMMARY:
Table of Contents
I. Background
II. Public Comments
III. Statutory and Executive Order Reviews
Rmajette on DSK2VPTVN1PROD with RULES
I. Background
Under the Clean Air Act (CAA or
‘‘Act’’), each state is required to have a
state implementation plan (SIP) which
contains the control measures and
strategies which will be used to attain
and maintain the national ambient air
quality standards (NAAQS). The SIP is
extensive, containing such elements as
emission inventories, monitoring
networks, attainment demonstrations,
and enforcement mechanisms. 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.
The SIP is a living document which
can be revised by the state as necessary
to address the unique air pollution
problems in the state. Therefore, the
EPA from time to time must take action
on SIP revisions which may contain
new or revised regulations as being part
of the SIP. On May 31, 1972 (37 FR
10842), the EPA approved, with certain
exceptions, the initial SIPs for 50 states,
four territories and the District of
Columbia. Since 1972, each state and
territory has submitted numerous SIP
revisions, either on their own initiative,
VerDate Sep<11>2014
13:49 Feb 11, 2015
Jkt 235001
or because they were required to as a
result of various amendments to the
CAA. The EPA codifies its approvals
and disapprovals of SIPs and SIP
revisions in 40 CFR part 52 (‘‘Approval
and promulgation of implementation
plans’’).
Within 40 CFR part 52, there are 58
subparts (subparts A through FFF).
Subpart A contains general provisions
and certain requirements applicable to
all states and territories, while subparts
B through DDD and FFF contain
requirements that are specific to a given
state or territory. Subpart EEE contains
historical information pertaining to the
EPA’s actions on SIP material originally
submitted by states to the National Air
Pollution Control Administration,
Department of Health Education and
Welfare in 1970.
Until 1997, the first or second section
of each subpart within 40 CFR part 52
(other than subparts A and EEE) was
called ‘‘identification of plan.’’ On May
22, 1997 (62 FR 27968), EPA established
a new format for the ‘‘identification of
plan’’ sections assigned to each subpart
in 40 CFR part 52 (except A and EEE).
With the new format, revised
‘‘identification of plan’’ sections 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 and
quasi-regulatory measures.
‘‘Nonregulatory provisions and quasiregulatory measures’’ refers to such
items as transportation control
measures, certain statutory provisions,
control strategies, and monitoring
networks. In our May 1997 rule, we
indicated that the EPA would begin to
phase-in the new format on a state-bystate basis. Please see our May 1997 rule
for more information concerning the
revised format for SIPs.
The American Samoa SIP is identified
in subpart DDD (‘‘American Samoa’’) of
part 52. As with other State SIPs, the
EPA has taken a number of actions since
1972 with respect to the American
Samoa SIP. In 2005, we revised the
format of the ‘‘identification of plan’’
section in subpart DDD in accordance
with the revised format described above.
See 70 FR 53564 (September 9, 2005). In
our 2005 final rule, we did not complete
the process of revising the format for the
‘‘identification of plan’’ section in that
we did not list the nonregulatory
provisions and quasi-regulatory
measures portion of the American
Samoa SIP, but we are doing so in
today’s action.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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 Procedure 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 revises
the codification of provisions that are
already in effect as a matter of law in
Federal and approved State programs.
Under section 553 of the 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
clearly identifying the current
nonregulatory provisions and quasiregulatory measures of the American
Samoa SIP.
III. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). 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 (II. Public Comments’’)
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 or
204 of UMRA.
This rule also does not have tribal
implications because it will 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,
E:\FR\FM\12FER1.SGM
12FER1
Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not 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
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not an economically
significant regulatory action based on
health or safety risks.
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. This rule also does not involve
special consideration of environmental
justice related issues as required by
Executive Order 12898 (59 FR 7629,
February 16, 1994). This rule does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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
internet. Today’s action simply
reformats the codification of provisions
that 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
date of February 12, 2015. EPA will
submit a report containing this action
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. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
The 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
American Samoa 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
7807
circuit within 60 days of such
rulemaking action. Thus, the EPA sees
no need to reopen the 60-day period for
filing such petitions for judicial review
for this reformatting of portions of the
‘‘Identification of plan’’ section of 40
CFR 52.2820 for American Samoa.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: January 23, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart DDD—American Samoa
2. Section 52.2820 is amended by
adding paragraph (e) to read as follows:
■
§ 52.2820
Identification of plan.
*
*
*
*
*
(e) EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures.
EPA APPROVED AMERICAN SAMOA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or
nonattainment
area
Name of SIP provision
State submittal
date
EPA approval date
Explanation
Territory of American Samoa Air Pollution Control Implementation Plan
Rmajette on DSK2VPTVN1PROD with RULES
Section 1. Introduction:
Introduction ................................................
Letter from Donald F. Graf, Executive
Secretary, American Samoa Environmental Quality Commission, to Frank
Covington, Director, Air and Water Programs Division, EPA Region IX, dated
March 23, 1972.
Letter from Donald F. Graf, Executive
Secretary, American Samoa Environmental Quality Commission, to Paul
DeFalco, Regional Administrator, EPA
Region IX, dated April 28, 1972.
Section 2. Legal Authority:
Legal Authority ...........................................
VerDate Sep<11>2014
13:49 Feb 11, 2015
Jkt 235001
State-wide .......
01/27/72
03/23/72
05/31/72, 37 FR
10842.
05/31/72, 37 FR
10842.
Included as part of the original SIP. See
40 CFR 52.2823(b).
Letter indicating formal adoption of the
implementation plan. See 40 CFR
52.2823(c)(2).
State-wide .......
State-wide .......
04/28/72
03/02/76, 41 FR
8956.
Letter regarding EPA comments on the
plan. See 40 CFR 52.2823(c)(3).
State-wide .......
01/27/72
05/31/72, 37 FR
10842.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
E:\FR\FM\12FER1.SGM
12FER1
7808
Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations
EPA APPROVED AMERICAN SAMOA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued
Applicable
geographic or
nonattainment
area
State submittal
date
Appendix A. American Samoa Environmental Quality Act, excluding section
35.0113.
State-wide .......
03/9/72
05/31/72, 37 FR
10842.
Section 3. Air Quality Data ........................
State-wide .......
01/27/72
Section 4. Emission Inventory ...................
State-wide .......
01/27/72
05/31/72, 37 FR
10842.
05/31/72, 37 FR
10842.
Section 5. Control Strategy:
Control Strategy .........................................
State-wide .......
01/27/72
Letter from Peter T. Coleman, Governor,
American Samoa, to Kathleen M. Bennett, EPA, dated November 12, 1982.
Section 6. Compliance Schedule ..............
State-wide .......
11/12/82
State-wide .......
01/27/72
Section 7. Air Quality Surveillance Network.
Section 8. Review of New Sources and
Modifications.
Section 9. Source Surveillance .................
State-wide .......
01/27/72
State-wide .......
01/27/72
State-wide .......
01/27/72
Section 10. Resources ..............................
State-wide .......
01/27/72
Section 11. Intergovernmental Cooperation.
State-wide .......
01/27/72
Name of SIP provision
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 141002820–5113–01]
RIN 0648–XD536
Rmajette on DSK2VPTVN1PROD with RULES
37 FR
37 FR
37 FR
37 FR
37 FR
Copies of supporting
documents, including the 2013–2015
Specifications/Framework 2 to the
Herring Fishery Management Plan
(FMP), are available from the
Sustainable Fisheries Division, Greater
Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA
01930, telephone (978) 281–9315, or
online at: https://
www.greateratlantic.fisheries.noaa.gov/
sustainable/species/atlherring/
index.html.
ADDRESSES:
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule;
adjustment of specifications.
This action adjusts 2015
annual catch limits for the Atlantic
herring fishery to account for the
underharvest of herring catch in 2013.
The herring fishery caught less than its
allocated catch in all herring
management areas in 2013. As a result,
this action adds unharvested 2013 catch
to the 2015 herring catch limits, equal
Jkt 235001
37 FR
Effective February 12, 2015,
through December 31, 2015.
AGENCY:
13:49 Feb 11, 2015
05/31/72,
10842.
05/31/72,
10842.
05/31/72,
10842.
05/31/72,
10842.
05/31/72,
10842.
05/31/72,
10842.
DATES:
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Adjustments to 2015 Annual Catch
Limits
VerDate Sep<11>2014
05/31/72, 37 FR
10842.
08/14/85, 50 FR
32697.
to ten percent of the allocated 2013
annual catch limit for each area. While
the annual catch limit for each area
increases, the total annual catch limit
for the herring fishery will not increase
under this action. This will ensure that
the carryover pounds do not cause
overfishing of the herring resource in
2015. This action is necessary to ensure
that NMFS accounts for herring catch
consistent with the requirements of the
Atlantic Herring Fishery Management
Plan.
[FR Doc. 2015–02856 Filed 2–11–15; 8:45 am]
SUMMARY:
EPA approval date
FOR FURTHER INFORMATION CONTACT:
Travis Ford, Fishery Policy Analyst,
978–281–9233, fax 978–281–9135.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Explanation
Public Law 12–45. Chapter 35.01 of the
Code of American Samoa. See 40
CFR 52.2823(c)(1). Section 35.0113
(‘‘Variances’’) was deleted without replacement at 62 FR 34641 (June 27,
1997)]. See 40 CFR 52.2823(b)(1).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Negative declaration indicating no Lead
sources in American Samoa. See 40
CFR 52.2823(c)(5)(i).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Included as part of the original SIP. See
40 CFR 52.2823(b).
Background
The Atlantic herring harvest in the
United States is managed under the
Atlantic Herring Fishery Management
Plan (Herring FMP) developed by the
New England Fishery Management
Council (Council). The Herring FMP
divides the stock-wide herring ACL
among three management areas, one of
which has two sub-areas. It divides Area
1 (located in the Gulf of Maine (GOM))
into an inshore section (Area 1A) and an
offshore section (Area 1B). Area 2 is
located in the coastal waters between
Massachusetts and North Carolina, and
Area 3 is on Georges Bank (GB). The
Herring FMP considers the herring stock
complex to be a single stock, but there
are inshore (GOM) and offshore (GB)
stock components. The GOM and GB
stock components segregate during
spawning and mix during feeding and
migration. Each management area has
its own sub-ACL to allow greater control
of the fishing mortality on each stock
component.
NMFS issued a final rule that
implemented Amendment 4 to the
Herring FMP (76 FR 11373, March 2,
2011) to address ACL and accountability
measure (AM) requirements. As a way
to account for ACL overages in the
herring fishery, Amendment 4
established an AM that provided for
E:\FR\FM\12FER1.SGM
12FER1
]]>Agencies
[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Rules and Regulations]
[Pages 7805-7808]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02856]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AS123-NBK; FRL-9922-86-Region 9]
Approval and Promulgation of Implementation Plans; American
Samoa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
-----------------------------------------------------------------------
[[Page 7806]]
SUMMARY: The Environmental Protection Agency (EPA) is completing the
process begun in 2005 to revise the format of the ``identification of
plan'' section for the American Samoa State Implementation Plan (SIP).
Specifically, the EPA is adding the nonregulatory provisions and quasi-
regulatory measures to the revised ``identification of plan'' section.
The nonregulatory provisions and quasi-regulatory measures affected by
this format revision have been previously submitted by the Territory of
American Samoa and approved by the EPA.
DATES: This rule is effective on February 12, 2015.
ADDRESSES: Nonregulatory and quasi-regulatory SIP materials are
available for inspection at Air Division, EPA Region IX, 75 Hawthorne
Street, San Francisco, 94105-3901 and online at EPA Region IX's Web
site.
FOR FURTHER INFORMATION CONTACT: Kevin Gong, Rules Office (AIR-4), U.S.
Environmental Protection Agency, Region IX, (415) 972-3073,
gong.kevin@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Background
II. Public Comments
III. Statutory and Executive Order Reviews
I. Background
Under the Clean Air Act (CAA or ``Act''), each state is required to
have a state implementation plan (SIP) which contains the control
measures and strategies which will be used to attain and maintain the
national ambient air quality standards (NAAQS). The SIP is extensive,
containing such elements as emission inventories, monitoring networks,
attainment demonstrations, and enforcement mechanisms. 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.
The SIP is a living document which can be revised by the state as
necessary to address the unique air pollution problems in the state.
Therefore, the EPA from time to time must take action on SIP revisions
which may contain new or revised regulations as being part of the SIP.
On May 31, 1972 (37 FR 10842), the EPA approved, with certain
exceptions, the initial SIPs for 50 states, four territories and the
District of Columbia. Since 1972, each state and territory has
submitted numerous SIP revisions, either on their own initiative, or
because they were required to as a result of various amendments to the
CAA. The EPA codifies its approvals and disapprovals of SIPs and SIP
revisions in 40 CFR part 52 (``Approval and promulgation of
implementation plans'').
Within 40 CFR part 52, there are 58 subparts (subparts A through
FFF). Subpart A contains general provisions and certain requirements
applicable to all states and territories, while subparts B through DDD
and FFF contain requirements that are specific to a given state or
territory. Subpart EEE contains historical information pertaining to
the EPA's actions on SIP material originally submitted by states to the
National Air Pollution Control Administration, Department of Health
Education and Welfare in 1970.
Until 1997, the first or second section of each subpart within 40
CFR part 52 (other than subparts A and EEE) was called ``identification
of plan.'' On May 22, 1997 (62 FR 27968), EPA established a new format
for the ``identification of plan'' sections assigned to each subpart in
40 CFR part 52 (except A and EEE). With the new format, revised
``identification of plan'' sections 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 and quasi-regulatory measures.
``Nonregulatory provisions and quasi-regulatory measures'' refers to
such items as transportation control measures, certain statutory
provisions, control strategies, and monitoring networks. In our May
1997 rule, we indicated that the EPA would begin to phase-in the new
format on a state-by-state basis. Please see our May 1997 rule for more
information concerning the revised format for SIPs.
The American Samoa SIP is identified in subpart DDD (``American
Samoa'') of part 52. As with other State SIPs, the EPA has taken a
number of actions since 1972 with respect to the American Samoa SIP. In
2005, we revised the format of the ``identification of plan'' section
in subpart DDD in accordance with the revised format described above.
See 70 FR 53564 (September 9, 2005). In our 2005 final rule, we did not
complete the process of revising the format for the ``identification of
plan'' section in that we did not list the nonregulatory provisions and
quasi-regulatory measures portion of the American Samoa SIP, but we are
doing so in today's action.
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 Procedure 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 revises the codification of provisions that are
already in effect as a matter of law in Federal and approved State
programs. Under section 553 of the 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 clearly
identifying the current nonregulatory provisions and quasi-regulatory
measures of the American Samoa SIP.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 (II. Public Comments'') 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 or 204 of UMRA.
This rule also does not have tribal implications because it will
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,
[[Page 7807]]
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not 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 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not an economically significant
regulatory action based on health or safety risks.
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. This rule
also does not involve special consideration of environmental justice
related issues as required by Executive Order 12898 (59 FR 7629,
February 16, 1994). This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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 internet. Today's action simply
reformats the codification of provisions that 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 date of
February 12, 2015. EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
The 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 American Samoa 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,
the EPA sees no need to reopen the 60-day period for filing such
petitions for judicial review for this reformatting of portions of the
``Identification of plan'' section of 40 CFR 52.2820 for American
Samoa.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: January 23, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart DDD--American Samoa
0
2. Section 52.2820 is amended by adding paragraph (e) to read as
follows:
Sec. 52.2820 Identification of plan.
* * * * *
(e) EPA Approved Nonregulatory Provisions and Quasi-Regulatory
Measures.
EPA Approved American Samoa Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State EPA approval date Explanation
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
Territory of American Samoa Air Pollution Control Implementation Plan
----------------------------------------------------------------------------------------------------------------
Section 1. Introduction:
Introduction................... State-wide.......... 01/27/72 05/31/72, 37 FR Included as part of
10842. the original SIP. See
40 CFR 52.2823(b).
Letter from Donald F. Graf, State-wide.......... 03/23/72 05/31/72, 37 FR Letter indicating
Executive Secretary, American 10842. formal adoption of
Samoa Environmental Quality the implementation
Commission, to Frank plan. See 40 CFR
Covington, Director, Air and 52.2823(c)(2).
Water Programs Division, EPA
Region IX, dated March 23,
1972.
Letter from Donald F. Graf, State-wide.......... 04/28/72 03/02/76, 41 FR Letter regarding EPA
Executive Secretary, American 8956. comments on the plan.
Samoa Environmental Quality See 40 CFR
Commission, to Paul DeFalco, 52.2823(c)(3).
Regional Administrator, EPA
Region IX, dated April 28,
1972.
Section 2. Legal Authority:
Legal Authority................ State-wide.......... 01/27/72 05/31/72, 37 FR
10842.
[[Page 7808]]
Appendix A. American Samoa State-wide.......... 03/9/72 05/31/72, 37 FR Public Law 12-45.
Environmental Quality Act, 10842. Chapter 35.01 of the
excluding section 35.0113. Code of American
Samoa. See 40 CFR
52.2823(c)(1).
Section 35.0113
(``Variances'') was
deleted without
replacement at 62 FR
34641 (June 27,
1997)]. See 40 CFR
52.2823(b)(1).
Section 3. Air Quality Data.... State-wide.......... 01/27/72 05/31/72, 37 FR Included as part of
10842. the original SIP. See
40 CFR 52.2823(b).
Section 4. Emission Inventory.. State-wide.......... 01/27/72 05/31/72, 37 FR Included as part of
10842. the original SIP. See
40 CFR 52.2823(b).
Section 5. Control Strategy:
Control Strategy............... State-wide.......... 01/27/72 05/31/72, 37 FR Included as part of
10842. the original SIP. See
40 CFR 52.2823(b).
Letter from Peter T. Coleman, State-wide.......... 11/12/82 08/14/85, 50 FR Negative declaration
Governor, American Samoa, to 32697. indicating no Lead
Kathleen M. Bennett, EPA, sources in American
dated November 12, 1982. Samoa. See 40 CFR
52.2823(c)(5)(i).
Section 6. Compliance Schedule. State-wide.......... 01/27/72 05/31/72, 37 FR Included as part of
10842. the original SIP. See
40 CFR 52.2823(b).
Section 7. Air Quality State-wide.......... 01/27/72 05/31/72, 37 FR Included as part of
Surveillance Network. 10842. the original SIP. See
40 CFR 52.2823(b).
Section 8. Review of New State-wide.......... 01/27/72 05/31/72, 37 FR Included as part of
Sources and Modifications. 10842. the original SIP. See
40 CFR 52.2823(b).
Section 9. Source Surveillance. State-wide.......... 01/27/72 05/31/72, 37 FR Included as part of
10842. the original SIP. See
40 CFR 52.2823(b).
Section 10. Resources.......... State-wide.......... 01/27/72 05/31/72, 37 FR Included as part of
10842. the original SIP. See
40 CFR 52.2823(b).
Section 11. Intergovernmental State-wide.......... 01/27/72 05/31/72, 37 FR Included as part of
Cooperation. 10842. the original SIP. See
40 CFR 52.2823(b).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2015-02856 Filed 2-11-15; 8:45 am]
BILLING CODE 6560-50-P
