[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Rules and Regulations]
[Pages 44415-44416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22061]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 69

[FRL-5878-6]


Special Exemptions From Requirements of the Clean Air Act for the 
Territory of Guam

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Final rule.

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SUMMARY: On February 11, 1997, the Governor of Guam submitted a 
petition (``Petition'') to the Administrator of EPA seeking a waiver of 
certain Clean Air Act (``CAA'') requirements which apply to two 
baseload diesel electric generators to be located at the Piti Power 
Plant on Guam. The Petition was submitted pursuant to Section 325(a) of 
the CAA. The waiver will help to ease a serious and ongoing energy 
emergency on Guam. Based upon the information in the Petition, EPA 
proposed to grant the waiver requested on June 30, 1997. 62 FR 35113. 
EPA received no comments on its proposal.

EFFECTIVE DATE: August 15, 1997.

FOR FURTHER INFORMATION CONTACT: Norman Lovelace, Chief, Insular Area 
Program, Cross Media Division (CMD-5), U.S. Environmental Protection 
Agency, Region IX, 75 Hawthorne Street, San Francisco, California 
94105. Telephone: (415) 744-1599.

SUPPLEMENTARY INFORMATION:

Background

    Via a letter dated February 11, 1997, Governor Gutierrez of Guam 
submitted a petition (``Petition'') to the Administrator of EPA. The 
Petition seeks a waiver of certain Clean Air Act (``CAA'') requirements 
for the construction of two 45 megawatt baseload slow speed diesel 
electric generators and associated waste heat recovery boilers with a 
steam generator. These units will be part of the Piti Power Plant. The 
units will be designated as Piti Units No. 8 and No. 9. Based upon the 
information in the Petition, EPA proposed to grant the waiver requested 
on June 30, 1997. 62 FR 35113.
    The waiver application seeks to allow construction of Piti Units 
No. 8 and No. 9 prior to receipt of a Prevention of Significant 
Deterioration (``PSD'') permit. Neither of these Piti Units will 
operate prior to receipt of a final PSD permit.
    EPA received no comments regarding its proposal to grant the 
waiver. Therefore, EPA is issuing the waiver as proposed.

[[Page 44416]]

Regulatory Analysis

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a Regulatory Flexibility Analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    This rulemaking applies only to two large sources of air emissions 
used to generate electrical power on Guam. These sources of electrical 
power will be constructed by an independent power producer which is not 
a small entity. Therefore, this rulemaking will not impact small 
entities.
    This action has been classified as a Table 3 action for signature 
by the Administrator under the procedures published in the Federal 
Register on January 19, 1989 (54 FR 2214-2225). The Office of 
Management and Budget has exempted this regulatory action from 
Executive Order 12866 review.

List of Subjects in 40 CFR Part 69

    Environmental protection, Air pollution control, Guam.

    Dated: August 15, 1997.
Carol Browner,
Administrator.

    Part 69 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 69--[AMENDED]

    1. The authority citation for part 69 continues to read as follows:

    Authority: Sec. 325, Clean Air Act, as amended (42 U.S.C. 7625-
1).

    2. Section 69.11 is amended by adding paragraph (d) to read as 
follows:


Sec. 69.11  New exemptions.

* * * * *
    (d)(1) Pursuant to Section 325(a) of the CAA and a petition 
submitted by the Governor of Guam on February 11, 1997 (``1997 
Petition''), the Administrator of EPA conditionally exempts Piti Power 
Plant Units No. 8 and No. 9 from certain CAA requirements.
    (2) A waiver of the requirement to obtain a PSD permit prior to 
construction is granted for the electric generating units identified in 
the 1997 Petition as Piti Units No. 8 and No. 9 (two 45 megawatt 
baseload diesel electric generators and associated waste heat recovery 
boilers with a steam generator), with the following conditions:
    (i) Piti Units No. 8 and No. 9 shall not operate until final PSD 
permits are received for these units;
    (ii) Piti Units No. 8 and No. 9 shall not operate until they comply 
with all requirements of their PSD permits, including, if necessary, 
retrofitting with BACT;
    (iii) If either Piti Units No. 8 or No. 9 operate either prior to 
the issuance of a final PSD permit or without BACT equipment, the Piti 
Unit(s) shall be deemed in violation of this waiver and the CAA 
beginning on the date of commencement of construction of the unit(s).

[FR Doc. 97-22061 Filed 8-20-97; 8:45 am]
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