Approval and Promulgation of Implementation Plans; Guam, 8547-8550 [2015-03178]
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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[GU122–NBK; FRL 9923–01–Region 9]
Approval and Promulgation of
Implementation Plans; Guam
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
AGENCY:
The Environmental Protection
Agency (EPA) is completing the process
begun in 2005 to revise the format of the
‘‘identification of plan’’ section in 40
CFR part 52 for the Guam 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 Guam and approved
by the EPA.
DATES: This rule is effective on February
18, 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.
SUMMARY:
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
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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
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submitted to the EPA as SIP revisions
on which the 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), the 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 quasiregulatory 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 Guam SIP is identified in subpart
AAA (‘‘Guam’’) of part 52. As with other
State SIPs, the EPA has taken a number
of actions since 1972 with respect to the
Guam SIP. In 2005, we revised the
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8547
format of the ‘‘identification of plan’’
section in subpart AAA in accordance
with the revised format described above.
See 70 FR 20473 (April 20, 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 Guam SIP, but
we are doing so in today’s action.
II. Public Comments
The 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 Guam 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
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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
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,
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, the EPA has made such a
good cause finding, including the
reasons therefore, and established an
effective date of February 18, 2015. The
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 Guam
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 52.2670 for Guam.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: February 5, 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 AAA—Guam
2. Section 52.2670 is amended by
adding paragraph (e) to read as follows:
■
§ 52.2670
Identification of plan.
*
*
*
*
*
(e) EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures.
EPA APPROVED GUAM NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Name of SIP provision
Applicable geographic or
nonattainment area
State
submittal
date
EPA approval date
Explanation
Implementation Plan for Compliance With the Ambient Air Quality Standards For Territory of Guam
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
Section II: Introduction ............
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
Section III: Legal authority ......
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
Section IV: Ambient air quality
standards and air pollution
control regulations.
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Section I: Public Hearing .........
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
Section V: Emission inventory
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
Section VI: Air quality data ......
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
Section VII: Classification of
Region.
State-wide ...............................
1/25/1972
5/31/1972, 37 FR 10842 .........
Section VIII: Control Strategy
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Revision to original SIP. See
40 CFR 52.2673(c)(1).
Revision to original SIP. See
40 CFR 52.2673(c)(1).
Revision to original SIP. See
40 CFR 52.2673(c)(1).
Revision to original SIP. This
is a narrative discussion
only. The approved regulations are listed in the table
in 40 CFR 52.2670(c).
Revision to original SIP. See
40 CFR 52.2673(c)(1).
Revision to original SIP. See
40 CFR 52.2673(c)(1).
Included as part of the original
SIP. See 40 CFR
52.2673(b).
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
8549
EPA APPROVED GUAM NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued
Name of SIP provision
Subsection A (Control
Strategy for Sulfur Oxides).
Territory of Guam NAP for
SO2.
Applicable geographic or
nonattainment area
State
submittal
date
EPA approval date
Explanation
Included as part of the original
SIP. See 40 CFR
52.2673(b).
Narrative and Control Strategy
portion of the Piti nonattainment plan, Addendum B,
‘‘Preliminary Results of SO2
Dispersion Modeling;’’ and
‘‘Official Report of Public
Hearing.’’ The remaining
portions of the addenda are
for informational purposes
only. See 40 CFR
52.2673(c)(5).
Included as part of the original
SIP. See 40 CFR
52.2673(b). Subsection B of
Section VIII (Control Strategies), as submitted on August 14, 1973, was erroneously listed as approved
in 40 CFR 52.2670(c)(1),
now designated at 40 CFR
52.2673(c)(1). See list of
disapproval actions at 43
FR 59066 (December 19,
1978)
Revision to original SIP. See
40 CFR 52.2673(c)(1).
State-wide ...............................
1/25/1972
5/31/1972, 37 FR 10842 .........
Piti Nonattainment Area ..........
6/30/1982
5/15/1984, 49 FR 20495 .........
State-wide ...............................
1/25/1972
5/31/1972, 37 FR 10842 .........
Subsection C (SET II Pollutants—Carbon Monoxide, Hydrocarbons,
Photochemical
Oxidants, and Nitrogen
Dioxide).
Letter from Paul H. Calvo,
Guam EPA, to Kathleen
M. Bennett, EPA, dated
November 24, 1982.
Section IX: Complex sources ..
State-wide ...............................
8/14/1973
12/19/1978, 43 FR 59066 .......
State-wide ...............................
11/24/1982
8/14/1985 50 FR 32697 ..........
Negative declaration indicating
no Lead Sources in Guam.
See 40 CFR 52.2673(c)(6).
State-wide ...............................
8/14/1973
2/25/1974, 39 FR 7285 ...........
Section X: Air quality surveillance network.
State-wide ...............................
5/22/1984
1/22/1985, 50 FR 2820 ...........
Section XI: Emergency Episode System.
State-wide ...............................
1/25/1972
5/31/1972, 37 FR 10842 .........
Section XI: Source surveillance
system.
Section XIII: Review of New
Source and Modifications.
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
State-wide ...............................
1/25/1972
5/31/1972, 37 FR 10842 .........
Section XIII: Compliance
Schedule.
Section XV. Resources ...........
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
Section XVI: Intergovernmental
cooperation.
Appendix A: Notice and minutes of public hearing.
Appendix C: Public Law 11–
191.
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
Appendix F: Summary of air
quality data.
Appendix G: Steam power
plant parameters.
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
Revision to original SIP. See
40 CFR 52.2673(c)(1).
Superseded previous version
of Section 10 approved at
October 19, 1978 (43 FR
48638). See 40 CFR
52.2673(c)(5).
Included as part of the original
SIP. See 40 CFR
52.2673(b).
Revision to original SIP. See
40 CFR 52.2673(c)(1).
Included as part of the original
SIP. See 40 CFR
52.2673(b).
Revision to original SIP. See
40 CFR 52.2673(c)(1).
Revision to original SIP. See
40 CFR 52.2673(c)(1).
Revision to original SIP. See
40 CFR 52.2673(c)(1).
Revision to original SIP. See
40 CFR 52.2673(c)(1).
Revision to original SIP. Enacted on December 7,
1972. Titled, ‘‘Guam Environmental Protection Agency Act.’’ See 40 CFR
52.2673(c)(1).
Revision to original SIP. See
40 CFR 52.2673(c)(1).
Revision to original SIP. See
40 CFR 52.2673(c)(1).
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Subsection B (Control
Strategy for Particulate
Matter).
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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
EPA APPROVED GUAM NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued
State
submittal
date
Name of SIP provision
Applicable geographic or
nonattainment area
Appendix H: Diffusion model
computer printout.
Appendix J: Minutes and letters of public hearing on
compliance schedules.
Appendix K: Inventory data for
1973.
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
Revision to original SIP. See
40 CFR 52.2673(c)(1).
Revision to original SIP. See
40 CFR 52.2673(c)(1).
State-wide ...............................
8/14/1973
10/19/1978, 43 FR 48638 .......
Revision to original SIP. See
40 CFR 52.2673(c)(1).
[FR Doc. 2015–03178 Filed 2–17–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2010–0406; FRL–9922–80–
OAR]
Approval and Promulgation of
Implementation Plans; North Dakota;
Regional Haze State Implementation
Plan; Federal Implementation Plan for
Interstate Transport of Pollution
Affecting Visibility and Regional Haze;
Reconsideration
Environmental Protection
Agency.
ACTION: Notice of final action on
reconsideration.
AGENCY:
On April 6, 2012,
Environmental Protection Agency (EPA)
published a final rule partially
approving and partially disapproving a
North Dakota State Implementation Plan
(SIP) submittal addressing regional haze
submitted by the Governor of North
Dakota on March 3, 2010, along with
North Dakota’s SIP Supplement No. 1
submitted on July 27, 2010, and SIP
Amendment No. 1 submitted on July 28,
2011. The Administrator subsequently
received a petition requesting EPA to
reconsider its approval of certain
elements of North Dakota’s regional
haze SIP. Specifically, the petition
raised several objections to EPA’s
approval of the State’s best available
retrofit technology (BART) emission
limits for nitrogen oxides (NOX) for
Milton R. Young Station (MRYS) Units
1 and 2 and Leland Olds Station (LOS)
Unit 2. On March 15, 2013, EPA
announced its decision to reconsider its
approval of the State’s NOX BART limits
for these facilities. In the same action,
EPA proposed to affirm its prior
approval of these elements of North
Dakota’s SIP. As a result of this
reconsideration process, EPA has
concluded that no changes are
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SUMMARY:
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EPA approval date
warranted to its 2012 approval of the
NOX BART limits for these units.
DATES: This final action is effective
March 20, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2010–0406. All
documents in the docket are listed in
the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard-copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop St., Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: Gail
Fallon, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado,
80202–1129, (303) 312–6281,
Fallon.Gail@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Today’s Action
A. Issue for Which Reconsideration Was
Granted
B. Basis for Today’s Final Action
III. Issues Raised by Commenters and EPA’s
Responses
A. Comments on Technical Feasibility of
SCR
B. Comments on Emission Limits for SNCR
C. Comments on Application of MRYS
BACT Court Ruling to Other Units
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Explanation
1. Application of MRYS BACT to LOS Unit
2
2. Application of MRYS BACT to Coyote
D. Comments on Visibility Benefits
E. Comments on Legal Issues
1. BACT versus BART Determinations
2. Consideration of the Presumptive NOX
BART Emissions Limit
3. Collateral Estoppel
4. EPA versus State Authority
5. Scope of Reconsideration Action
F. Comments Generally in Favor of Our
Proposal
G. Comments Generally Against Our
Proposal
IV. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
• The word Act or initials CAA mean
or refer to the Clean Air Act, unless the
context indicates otherwise.
• The initials ASOFA mean or refer to
advanced separated overfire air.
• The initials BACT mean or refer to
best available control technology.
• The initials BART mean or refer to
best available retrofit technology.
• The initials EPA or the words we,
us or our mean or refer to the United
States Environmental Protection
Agency.
• The initials FIP mean or refer to
Federal Implementation Plan.
• The initials LOS mean or refer to
Leland Olds Station.
• The initials MRYS mean or refer to
Milton R. Young Station.
• The initials NDDH mean or refer to
the North Dakota Department of Health.
• The words North Dakota and State
mean the State of North Dakota unless
the context indicates otherwise.
• The initials NOX mean or refer to
nitrogen oxides.
• The initials NPS mean or refer to
the National Park Service.
• The initials NSR mean or refer to
new source review.
• The initials PRB mean or refer to
the Powder River Basin.
• The initials PSD mean or refer to
prevention of signification deterioration.
• The initials SCR mean or refer to
selective catalytic reduction.
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]]>Agencies
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Rules and Regulations]
[Pages 8547-8550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03178]
[[Page 8547]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[GU122-NBK; FRL 9923-01-Region 9]
Approval and Promulgation of Implementation Plans; Guam
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is completing the
process begun in 2005 to revise the format of the ``identification of
plan'' section in 40 CFR part 52 for the Guam 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 Guam and approved by the EPA.
DATES: This rule is effective on February 18, 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 the EPA as SIP revisions on which the 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), the 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 Guam SIP is identified in subpart AAA (``Guam'') of part 52. As
with other State SIPs, the EPA has taken a number of actions since 1972
with respect to the Guam SIP. In 2005, we revised the format of the
``identification of plan'' section in subpart AAA in accordance with
the revised format described above. See 70 FR 20473 (April 20, 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 Guam SIP, but we are doing so in today's action.
II. Public Comments
The 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 Guam 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
[[Page 8548]]
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, 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, the EPA has made such a good cause
finding, including the reasons therefore, and established an effective
date of February 18, 2015. The 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 Guam 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 52.2670 for Guam.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: February 5, 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 AAA--Guam
0
2. Section 52.2670 is amended by adding paragraph (e) to read as
follows:
Sec. 52.2670 Identification of plan.
* * * * *
(e) EPA Approved Nonregulatory Provisions and Quasi-Regulatory
Measures.
EPA Approved Guam Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
Implementation Plan for Compliance With the Ambient Air Quality Standards For Territory of Guam
----------------------------------------------------------------------------------------------------------------
Section I: Public Hearing........ State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
48638. SIP. See 40 CFR
52.2673(c)(1).
Section II: Introduction......... State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
48638. SIP. See 40 CFR
52.2673(c)(1).
Section III: Legal authority..... State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
48638. SIP. See 40 CFR
52.2673(c)(1).
Section IV: Ambient air quality State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
standards and air pollution 48638. SIP. This is a
control regulations. narrative
discussion only.
The approved
regulations are
listed in the table
in 40 CFR
52.2670(c).
Section V: Emission inventory.... State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
48638. SIP. See 40 CFR
52.2673(c)(1).
Section VI: Air quality data..... State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
48638. SIP. See 40 CFR
52.2673(c)(1).
Section VII: Classification of State-wide.......... 1/25/1972 5/31/1972, 37 FR Included as part of
Region. 10842. the original SIP.
See 40 CFR
52.2673(b).
Section VIII: Control Strategy
[[Page 8549]]
Subsection A (Control State-wide.......... 1/25/1972 5/31/1972, 37 FR Included as part of
Strategy for Sulfur Oxides). 10842. the original SIP.
See 40 CFR
52.2673(b).
Territory of Guam NAP for SO2 Piti Nonattainment 6/30/1982 5/15/1984, 49 FR Narrative and
Area. 20495. Control Strategy
portion of the Piti
nonattainment plan,
Addendum B,
``Preliminary
Results of SO2
Dispersion
Modeling;'' and
``Official Report
of Public
Hearing.'' The
remaining portions
of the addenda are
for informational
purposes only. See
40 CFR
52.2673(c)(5).
Subsection B (Control State-wide.......... 1/25/1972 5/31/1972, 37 FR Included as part of
Strategy for Particulate 10842. the original SIP.
Matter). See 40 CFR
52.2673(b).
Subsection B of
Section VIII
(Control
Strategies), as
submitted on August
14, 1973, was
erroneously listed
as approved in 40
CFR 52.2670(c)(1),
now designated at
40 CFR
52.2673(c)(1). See
list of disapproval
actions at 43 FR
59066 (December 19,
1978)
Subsection C (SET II State-wide.......... 8/14/1973 12/19/1978, 43 FR Revision to original
Pollutants--Carbon Monoxide, 59066. SIP. See 40 CFR
Hydrocarbons, Photochemical 52.2673(c)(1).
Oxidants, and Nitrogen
Dioxide).
Letter from Paul H. Calvo, State-wide.......... 11/24/1982 8/14/1985 50 FR Negative declaration
Guam EPA, to Kathleen M. 32697. indicating no Lead
Bennett, EPA, dated November Sources in Guam.
24, 1982. See 40 CFR
52.2673(c)(6).
Section IX: Complex sources...... State-wide.......... 8/14/1973 2/25/1974, 39 FR Revision to original
7285. SIP. See 40 CFR
52.2673(c)(1).
Section X: Air quality State-wide.......... 5/22/1984 1/22/1985, 50 FR Superseded previous
surveillance network. 2820. version of Section
10 approved at
October 19, 1978
(43 FR 48638). See
40 CFR
52.2673(c)(5).
Section XI: Emergency Episode State-wide.......... 1/25/1972 5/31/1972, 37 FR Included as part of
System. 10842. the original SIP.
See 40 CFR
52.2673(b).
Section XI: Source surveillance State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
system. 48638. SIP. See 40 CFR
52.2673(c)(1).
Section XIII: Review of New State-wide.......... 1/25/1972 5/31/1972, 37 FR Included as part of
Source and Modifications. 10842. the original SIP.
See 40 CFR
52.2673(b).
Section XIII: Compliance Schedule State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
48638. SIP. See 40 CFR
52.2673(c)(1).
Section XV. Resources............ State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
48638. SIP. See 40 CFR
52.2673(c)(1).
Section XVI: Intergovernmental State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
cooperation. 48638. SIP. See 40 CFR
52.2673(c)(1).
Appendix A: Notice and minutes of State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
public hearing. 48638. SIP. See 40 CFR
52.2673(c)(1).
Appendix C: Public Law 11-191.... State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
48638. SIP. Enacted on
December 7, 1972.
Titled, ``Guam
Environmental
Protection Agency
Act.'' See 40 CFR
52.2673(c)(1).
Appendix F: Summary of air State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
quality data. 48638. SIP. See 40 CFR
52.2673(c)(1).
Appendix G: Steam power plant State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
parameters. 48638. SIP. See 40 CFR
52.2673(c)(1).
[[Page 8550]]
Appendix H: Diffusion model State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
computer printout. 48638. SIP. See 40 CFR
52.2673(c)(1).
Appendix J: Minutes and letters State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
of public hearing on compliance 48638. SIP. See 40 CFR
schedules. 52.2673(c)(1).
Appendix K: Inventory data for State-wide.......... 8/14/1973 10/19/1978, 43 FR Revision to original
1973. 48638. SIP. See 40 CFR
52.2673(c)(1).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2015-03178 Filed 2-17-15; 8:45 am]
BILLING CODE 6560-50-P
