[Federal Register Volume 68, Number 6 (Thursday, January 9, 2003)]
[Rules and Regulations]
[Pages 1162-1167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-119]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 69

[GU02-01; FRL-7433-5]


Clean Air Act Interim Approval of the Alternate Permit Program; 
Territory of Guam

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action to grant interim 
approval of the alternate permit program submitted by the Territory of 
Guam (Guam). In EPA's November 13, 1996 direct final rule, EPA granted 
Guam, as well as owners and operators of certain sources within Guam, 
an exemption from Title V requirements on the condition that Guam 
promulgate and administer an approved alternative permit program. EPA 
granted these conditional exemptions under the authority of section 325 
of the Clean Air Act (Act). Interim approval of Guam's alternate permit 
program will allow sources to be permitted under an approved alternate 
permit program while also requiring Guam to make additional submissions 
to fulfill all of the requirements of the conditional exemption.

DATES: The direct final rule for Guam is effective on April 9, 2003 
unless adverse

[[Page 1163]]

or critical comments are received by March 10, 2003. If EPA receives 
such comments, EPA will publish a timely withdrawal in the Federal 
Register informing the public that this rule will not take effect.

ADDRESSES: Mail comments to Gerardo Rios, Chief of the Permits Office 
(AIR-3), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901.
    Copies of the submitted program and other supporting information 
used in evaluating the alternate permit program are available for 
inspection during normal business hours at the following location: 
Pacific Insular Area Program, U.S. EPA-Region IX (CMD-5), U.S. EPA-
Region IX, 75 Hawthorne Street, San Francisco, California 94105.

FOR FURTHER INFORMATION CONTACT: Ben Machol, EPA Region IX, at (415) 
972-3770, ([email protected]), Pacific Insular Area Program, or Robert 
Baker, at (415) 972-3979, Permits Office, Air Division, at the EPA-
Region IX address listed above.

SUPPLEMENTARY INFORMATION:

I. Background
II. Final Action and Implications
    A. Interim Approval of Guam's Exemption Request
    B. Expiration and Revocation of the Exemption in 40 CFR 69.13(a)
    C. Other Terms of Conditional Exemption Continue Unchanged
    D. Interaction of Part 71 and Part 69
III. Administrative Requirements

I. Background

    Section 325(a) of the Act authorizes the Administrator of EPA, upon 
petition by the Governor, to exempt any person or source or class of 
persons in Guam, from any requirement of the Act except for 
requirements of section 110 and Part D of subchapter I of the Act 
(where necessary to attain and maintain the National Ambient Air 
Quality Standards), and section 112. An exemption may be granted if the 
Administrator finds that compliance with such requirement is not 
feasible or is unreasonable due to unique geographical, meteorological, 
or economic factors of such territory, or such other local factors as 
the Administrator deems significant.
    The Governor of Guam submitted a petition pursuant to section 
325(a) of the Act for an exemption from Title V of the Act. Title V 
requires states, including Guam, to adopt and submit to EPA a Title V 
operating permit program for major sources and certain other stationary 
sources. If any state does not adopt an operating permit program, Title 
V requires EPA to apply certain sanctions within that area and to 
promulgate, administer, and enforce a federal operating permit program 
for such area. EPA proposed regulations to implement a federal 
operating permit program on April 27, 1995 (60 FR 20804) and 
promulgated the final rule on July 1, 1996, at 40 CFR part 71 (61 FR 
34202) (part 71). Title V requires that sources located in states that 
do not adopt a Title V permitting program obtain a federal operating 
permit from the EPA. Guam requested an exemption from the Title V 
program, but committed to achieving several of the goals of Title V by 
developing an alternate operating permit program.
    On November 13, 1996, EPA issued a direct final rule (61 FR 58289), 
codified at 40 CFR 69.13 (the conditional exemption) in which EPA 
granted the government of Guam an exemption from the requirement to 
adopt a Title V program on the condition that Guam adopt and implement 
a local alternate operating permit program. EPA also granted owners or 
operators of certain sources on Guam a conditional exemption from the 
requirement to apply for a federal Title V operating permit under part 
71. These certain owners and operators of sources are exempted from 
Title V requirements so long as they obtain, by January 13, 2003, an 
operating permit under an alternate operating program approved by EPA. 
That rulemaking did not waive part 71 permitting requirements for 
owners or operators of solid waste incinerators required to obtain a 
Title V operating permit under section 129(e) of the Act or of major 
sources under section 112 of the Act required to obtain Title V 
permits. That rulemaking also does not waive or exempt the government 
of Guam, or owners or operators of sources located in Guam, from 
complying with all other applicable Clean Air Act provisions.
    On January 13, 1999, Guam submitted an alternate permit program, 
consisting of Guam's Air Pollution Control Standards and Regulations 
(Guam's Regulations), along with supporting documents and authorizing 
legislation. Guam's Regulations set forth (1) the requirements for 
Guam's proposed alternate permit program, which applies to sources that 
would be subject to Title V without the exception provided in the 
conditional exemption; and (2) the requirements for Guam's purely local 
air permit program, which applies to sources that are not subject to 
requirements of Title V of the Act. The entire alternate permit program 
was also submitted as a SIP revision, including matters not required to 
be submitted as a SIP.
    On July 12, 1999, Guam sent a clarifying letter, withdrawing the 
SIP submission and setting forth which parts of Guam's Air Pollution 
Control Standards and Regulations are to be considered part of the 
alternate permit program, and further stating that the SIP revision 
would be submitted to EPA after all comments were received from EPA.

II. Final Action and Implications

A. Interim Approval of Guam's Alternate Permit Program

    EPA is granting interim approval of the alternate permit program 
submitted by Guam. EPA is publishing this rule without prior proposal 
because we view this as a noncontroversial amendment and anticipate no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register publication, we are publishing a separate document 
that will serve as the proposal to grant interim approval to Guam's 
part 69 program if adverse comments are filed. This rule will be 
effective on April 9, 2003 without further notice unless we receive 
adverse comment by March 10, 2003. If EPA receives adverse comment, we 
will publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.
1. Alternate Permit Program Meets Most, But Not All, of the Conditional 
Exemption Requirements
    The alternate permit program submitted by Guam meets most of the 
requirements of the conditional exemption. The technical support 
document contains a more detailed discussion of the criteria and EPA's 
evaluation.
(a). Fees
    40 CFR 69.13(b)(2) requires that the program shall provide for the 
collection of fees from permitted sources or other revenues in an 
amount that will pay for the cost of operation of the program, and that 
it ensure that funds are used solely to support the program. Guam's 
alternate permit program provides for the collection of fees from 
permitted sources, in an amount that will pay for the cost of operation 
of the program, and it ensures that the funds will be used solely to 
support the program activities authorized under Guam's Air Pollution 
Control Act. But Guam's alternate

[[Page 1164]]

permit program treats fees in a manner which EPA would not allow under 
a Title V program, because a unified fund is established for fees which 
are collected under the alternate permit program submitted to EPA 
(approved program fees) and fees which are collected under the 
completely local air permit program (local air program fees), and money 
from this unified fund will be commingled for use on both the approved 
program and the local program.
    A Title V operating permit program is not allowed to commingle fees 
between the Title V program and the non-federal local program because 
non-federal local program fees are often used as part of the state 
matching grant required to receive federal funds. See the July 21, 1994 
Memorandum from Mary D. Nichols, Assistant Administrator for Air and 
Radiation, ``Transition to Funding Portions of State and Local Air 
Programs with Permit Fees Rather than Federal Grants,'' which can be 
found at http://www.epa.gov/ttn/oarpg/t5/memoranda/grantmem.pdf.
    The Administrator has exercised her authority under Section 325 of 
the Act and granted Guam a conditional exemption from the Title V 
requirements. In addition, the Administrator has the authority to waive 
the Title V requirement concerning commingled fees because Congress 
made different rules for grants and matching fees in ``Insular Areas'' 
such as Guam, American Samoa, and CNMI. Congress authorized grants to 
be consolidated, and for agencies to waive any requirements for 
matching funds otherwise required by law to be provided by the Insular 
Area involved. See 48 U.S.C. 1469a (2002). More specifically, Congress 
authorized the Administrator of EPA to modify the maintenance or level 
of effort requirements for assistance grants. See Act August 27, 1986, 
Public Law 99-396, section 12(a), 100 Stat. 841.
    EPA believes that it is appropriate to allow Guam's consolidated 
treatment of funds for the following reasons. The unique situation of 
the territories has prompted Congress to allow consolidation of grants 
and waiver of matching fund requirements in Insular Territories such as 
Guam, in recognition of factors which are relevant here. One purpose of 
granting a section 325 conditional exemption was to allow for the 
development of a streamlined part 69 program which would be protective 
of air quality and designed in a manner appropriate to the unique 
conditions of Guam. Guam EPA (GEPA) shall be implementing the 40 CFR 
part 69 alternate permit program and the purely local program as a 
combined program. Maintaining the federal program separate from the 
local activities authorized under Guam's Air Pollution Control Act 
would require burdensome recordkeeping and reporting procedures, and 
the increased burden would be an unnecessary drain on the resources of 
GEPA which would not contribute to better air quality. Most critical, 
Guam's law and regulations require that fees collected under the 
combined program can only be used to support the program activities 
authorized under Guam's Air Pollution Control Act. Taking all of these 
factors into consideration, EPA finds that Guam's program, meets the 
requirements of 40 CFR 69.13(b)(2).
(b). Scope
    EPA notes that Guam's Regulations Section 1102.11 (Variances) is 
not part of the approved alternate permit program. Variances are not 
available for the part 69 program. We also note that section 1102.11 by 
its very terms would not apply to the alternate permit program because 
section 1102.11(b) states ``Under no circumstances shall a variance 
from any federal regulations or federally enforceable air pollution 
control permit terms or conditions be granted.'' All owners or 
operators of a source wishing to qualify for the exemption from the 
permitting requirements of 40 CFR part 71 must obtain an operating 
permit under Guam's approved alternate permit program.
(c). Regular Inspections
    40 CFR 69.13(b)(8) requires a system of regular inspections of 
permitted sources. Section 1104.13 of Guam's Regulations provides that 
sources required to obtain a permit are subject to regular inspections 
for compliance. 40 CFR 69.13(b)(8) also requires a system to identify 
unpermitted major sources, and guidelines for appropriate responses to 
violations. The submission packet by Guam included a program 
description discussing inspection, compliance, enforcement and 
penalties.
    A system of regular inspections requires that Guam provide adequate 
inspector staff and training and develop appropriate internal 
procedures to inspect all permitted sources. EPA also expects that Guam 
will develop appropriate guidelines for responding to violations that 
are discovered. EPA will continue to assist Guam by providing guidance 
and manuals for inspecting permitted sources. EPA reserves the right to 
revoke the exemption in its entirety through rulemaking if Guam does 
not provide adequate inspector staff and training and develop 
appropriate internal procedures to inspect permitted sources so that it 
is adequately administering and enforcing the alternate operating 
permit program.
2. Alternate Permit Program Does Not Meet All Requirements
    Two key requirements of the conditional exemption were not met by 
Guam's submission.
(a). EPA Ability To Reopen for Cause
    40 CFR 69.13(b)(10) requires that the program allow EPA to reopen a 
permit for cause. If EPA provides Guam with written notice that a 
permit must be reopened for cause, Guam must issue a revised permit 
within 180 days (including public notice and comment) that sufficiently 
addresses EPA's concerns. If Guam fails to issue a permit that resolves 
EPA's concerns within 180 days, then EPA will terminate, modify, or 
revoke and reissue the permit under part 71 after providing the 
permittee and the public with notice and opportunity for comment. The 
language in Guam's submission does not match this requirement that Guam 
must issue a permit that resolves EPA's concerns within 180 days, or 
EPA will terminate, modify or revoke and reissue the permit under part 
71.
    Section 1104.16 of Guam's Regulations states that EPA has authority 
to act under 40 CFR part 71 if EPA lodges an objection concerning GEPA 
issuing a permit, permit renewal or permit amendment and that objection 
is not resolved within 180 days, but section 1104.16 does not clearly 
cover the situation where a permit is reopened and the action is to 
terminate or suspend the permit.
    Under sections 1104.18(f) and 1104.18(g) of Guam's Regulations, it 
can take up to 360 days to terminate, suspend, reopen or amend the 
permit in accordance with EPA's objection. Under section 1104.18(f), 
GEPA has up to 180 days to submit a proposed determination. Under 
section 1104.18(g), if EPA then objects, GEPA has up to 180 additional 
days to terminate, suspend, reopen or amend the permit in accordance 
with EPA's objection. Further, in the case of termination or suspension 
of a permit, sections 1104.18 does not clearly specify that EPA shall 
itself have authority to act under part 71. For final approval of the 
alternate permit program, section 1104.18 must be amended to conform 
with the requirements of 40 CFR 69.13(b)(10).

[[Page 1165]]

(b). SIP Revision
    Forty CFR 69.13(c) states that Guam shall no later than March 15, 
1999 submit a revision to its SIP that provides that a person shall not 
violate a permit condition or term in an operating permit that has been 
issued under an EPA approved alternate operating permit program adopted 
by Guam pursuant the exemption authorized in 40 CFR 69.13.
    Guam submitted a revision to its SIP by the applicable deadline 
but, at EPA's request, GEPA issued a clarification letter on July 12, 
1999 in which it withdrew the SIP submission. EPA agreed at that time 
to defer action on the required SIP language until GEPA received 
comments from EPA on the revision. EPA has now provided comments on the 
alternate permit program, and Guam can thus proceed in properly 
adopting and submitting a SIP revision which meets the requirements of 
40 CFR 69.13(c).
(c). Other Changes
    Major deficiencies are discussed above. In addition, EPA has 
recommended that GEPA take certain steps to clarify the regulatory 
language and strengthen the program. The technical support document 
contains a more detailed discussion of these recommended changes.
3. Reason for Interim Approval of Program
    The alternate operating permit program submitted by Guam meets most 
of the requirements of the conditional exemption from Title V 
requirements, but the deficiencies discussed above must be corrected 
before EPA can grant full approval of the alternate permit program. EPA 
is confident that these deficiencies can be corrected by Guam, but 
there remains a question of timing. If the owner or operator of any 
source has not obtained an operating permit under an alternate 
operating permit program approved by EPA for Guam by January 13, 2003, 
the exemption for such source shall expire and the source shall become 
subject to the permitting requirements of 40 CFR part 71 on that date.
    To ensure that there is adequate time to review and issue permit 
applications under an EPA-approved program before the January 13, 2003 
deadline, EPA has decided to grant interim approval of the program. 
This interim approval will allow Guam to simultaneously move forward 
with permitting sources while correcting the deficiencies identified 
above. If Guam has not corrected the deficiencies in the alternate 
permit program within two years, then the interim approval of the 
alternate program shall expire and the owner or operators of such 
sources shall become subject to the permitting requirements of 40 CFR 
part 71 on that date.

B. Expiration and Revocation of the Conditional Exemption in 40 CFR 
69.13(a)

    The conditional exemption set forth circumstances under which the 
exemption shall expire or may be revoked. Those circumstances set forth 
in the conditional exemption continue unchanged. Guam's alternate 
program, which is receiving interim approval pursuant to today's rule, 
will be implemented within the framework of the conditional exemption 
as follows:
    (1) If Guam does not submit a revised alternate operating permit 
program within 18 months of the effective date of this interim 
approval, then interim approval of the alternate permit program shall 
expire with no further rulemaking and 40 CFR Part 71 shall become 
effective for all subject sources in Guam.
    (2) If Guam submits revisions within 18 months of the effective 
date of this interim approval, the interim approval will continue for 
an additional 6 months while EPA reviews the amended program to 
determine if it qualifies for full approval. Unless EPA approves the 
amended program, the interim approval will expire with no further 
rulemaking two years after the effective date of this interim approval. 
EPA will approve the amended program and provide notice of the approval 
in the Federal Register if the amended program meets all the conditions 
of the exemption. In the event that EPA disapproves the program because 
the program does not meet the requirements, EPA will revoke the 
exemption at 40 CFR 69.13(a)(1) by rulemaking.

C. Other Terms of Conditional Exemption Continue Unchanged

    EPA is granting interim approval only to those portions of Guam's 
Regulations that are necessary to implement Guam's alternate permit 
program, required by the conditional exemption as part of the 
exemptions from the Title V program. This approval does not constitute 
approval under any other provisions of the Act. Except as provided 
herein, all other terms and conditions of the conditional exemption 
continue unchanged. The scope of the exemptions set forth in the 
conditional exemption continues unchanged. EPA continues to reserve its 
authority to revoke or modify the exemptions in whole or in part.

D. Interaction of Part 71 and Part 69

    Approval of Guam's program is occurring close to the January 13, 
2003 deadline set forth in part 69. As a result, most sources will be 
unable to obtain a permit under an EPA approved program by the January 
13, 2003 deadline, as required by Sec.  69.13(d)(3). Because the 
failure to meet the January 13, 2003 deadline is not, in these cases, 
caused by the failure of the applicant to timely submit information 
required or requested to process the application, GEPA has asked EPA to 
clarify how the provisions of part 71 will be applied to sources which 
submit a timely and complete permit application to GEPA but which have 
not obtained a permit by January 13, 2003.
    (1) Requirements of Guam's program: Guam's program requires that 
major sources must submit permit applications within 6 months of the 
effective date of Guam's alternate program, PSD sources and NSPS 
sources must submit permit applications within 10 months, and NESHAP 
and all other sources must submit permit applications within 12 months 
of the effective date of Guam's alternate program. See Guam's 
Regulations at section 1104.10, and appendix A to section 1104.10. 
These deadlines match or exceed the requirements of parts 70 and 71. 
See 40 CFR 70.4(b)(11)(i) and 71.5(a)(1)(i). Guam shall approve or deny 
the application within twelve months after receipt of a complete 
application, although shorter actions times apply in some instances. 
See Guam's Regulations at section 1104.6(j). Guam's program requires 
action from the regulatory agency that matches or exceeds the 
requirements of parts 70 and 71. See 40 CFR 70.4(b)(11)(ii), 71.7(a)(2) 
and 71.4(i).
    (2) Sources become subject to part 71 on January 13, 2003: Sources 
without permits become subject to part 71 on January 13, 2003. Pursuant 
to 40 CFR 69.13(d)(3), part 71 requirements will apply to all sources 
which do not have permits under an EPA approved program on January 13, 
2003. If the owners or operators of a source which was eligible for the 
conditional exemption do not have a permit under Guam's approved part 
69 program on January 13, 2003, and do not have a part 71 permit, then 
they must submit a timely and complete part 71 application to EPA, and 
``timely'' means submitted to EPA within 12 months. See 40 CFR 
71.5(a)(1).
    (3) Approval of part 70 programs results in EPA suspension of part 
71 permit issuance: Interim approval of Guam's program should affect 
the need

[[Page 1166]]

for sources to obtain part 71 permits. Sources in areas with approved 
part 70 programs are not permanently required to submit part 71 
applications to EPA. Forty CFR 71.4(l) states that the Administrator 
will suspend the issuance of part 71 permits promptly upon publication 
of notice of approval of a State or Tribal operating permits program 
that meets the requirements of part 70. Forty CFR 71.4(l)(1) states 
that the Administrator will continue to administer and enforce part 71 
permits until they are replaced by permits issued under the approved 
part 70 program. EPA thus suspends issuance of part 71 permits once a 
part 70 program is authorized. A program that meets the requirements of 
part 70 can be a program with full approval, or a program with interim 
approval. Section 71.4(l) states that the Administrator may retain 
jurisdiction over the part 71 permits for which the administrative or 
judicial review process is not complete and will address this issue in 
the notice of state program approval. If the program being granted 
interim approval in this action were a part 70 program, then EPA would 
suspend the issuance of part 71 permits, and address in the notice of 
program approval the issue of part 71 permits for which the 
administrative process is not complete.
    (4) Interpretation of part 71 regulations in light of the 
conditional exemption: EPA believes that the part 71 regulations should 
be interpreted in a manner which is consistent with the conditional 
exemption granted to Guam under section 325 of the Act. Guam requested 
and received a conditional exemption from the need to implement a 
program which meets all of the requirements of part 70. Although Guam 
is not required to implement a part 70 program, it must have a program 
which meets the requirements set forth at 40 CFR 69.13. Furthermore, 
while Guam's alternate permit program reflects Guam's unique conditions 
and circumstances, it is the functional equivalent of a part 70 permit 
program. It is consistent with the regulatory framework therefore, to 
consider that Guam's alternate permit program approved in today's rule 
``meets the requirements of part 70'' for the purposes of 40 CFR 
71.4(l). Accordingly, EPA will suspend the issuance of part 71 permits 
for sources which are eligible for the conditional exemption upon 
Guam's program being granted interim approval, provided that the owners 
and operators of such sources apply for and obtain permits under Guam's 
approved operating permit program, in the manner specified below.
    (5) Timing and source requirements upon approval of Guam's program. 
Owners and operators of sources eligible for the conditional exemption 
that become, pursuant to 40 CFR 69.13(d)(3), automatically subject to 
part 71 on January 13, 2003 because such source does not have a permit 
issued under Guam's EPA-approved permit shall be subject to the 
following: (1) Owners/operators of such sources must submit a timely 
and complete application to Guam EPA by the applicable deadline 
specified in Guam's approved program. (2) Owners/operators of such 
sources must obtain a federally enforceable operating permit issued 
pursuant to Guam's alternative operating permit program within the time 
periods specified by that program.
    Owners and operators of sources which under 40 CFR 69.13(d)(3) are 
automatically subject to part 71 on January 13, 2003 do not need to 
submit a part 71 permit application to EPA so long as they meet all of 
the above criteria. Owners and operators of sources which under 40 CFR 
69.13(d)(3) are automatically subject to part 71 on January 13, 2003 
and which do not meet all of the above criteria remain subject to the 
requirement to apply for and obtain a part 71 permit. Owners or 
operators of sources excluded from the conditional exemption (see 40 
CFR 69.13(a)(4)) remain subject to the requirement to apply for and 
obtain a part 71 permit.

III. Administrative Requirements

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this final approval is not a ``significant 
regulatory action'' and therefore is not subject to review by the 
Office of Management and Budget. Under the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) the Administrator certifies that this final 
approval will not have a significant economic impact on a substantial 
number of small entities because it merely approves state law as 
meeting federal requirements and imposes no additional requirements 
beyond those imposed by state law.
    This rule does not contain any unfunded mandates and does not 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Public Law 104-4) because it 
approves pre-existing requirements under state law and does not impose 
any additional enforceable duties beyond that required by state law.
    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, 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000).
    This rule also does not have Federalism implications because it 
will 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, ``Federalism'' (64 
FR 43255, August 10, 1999). This rule merely approves existing 
requirements under state law, and does not alter the relationship or 
the distribution of power and responsibilities between the State and 
the Federal government established in the Act.
    This final approval also is not subject to Executive Order 13045, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997) or 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. 
This action will not impose any collection of information subject to 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., 
other than those previously approved and assigned OMB control number 
2060-0243. For additional information concerning these requirements, 
see 40 CFR parts 69 and 70. An agency may not conduct or sponsor, and a 
person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.
    In reviewing State operating permit programs submitted pursuant to 
Title V of the Act, EPA will approve State programs provided that they 
meet the requirements of the Act and EPA's regulations codified at 40 
CFR part 70 or, in this case, 40 CFR part 69. In this context, in the 
absence of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a State 
operating permit program for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews an operating 
permit program, to use VCS in place of a State program that otherwise 
satisfies the provisions of the Act. Thus, the requirements of section 
12(d) of the National Technology Transfer and

[[Page 1167]]

Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
    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 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. 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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 10, 2003. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 69

    Environmental protection, Air pollution control, Guam.

    Dated: December 17, 2002.
Alexis Strauss,
Acting Regional Administrator, Region 9.

    40 CFR part 69 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).

Subpart A--Guam

    2. Subpart A is amended by adding Sec.  69.13(f) to read as 
follows:


Sec.  69.13  Title V conditional exemption.

* * * * *
    (f) Interim approval of alternate permit program.
    (1) The following sections of Guam's Air Pollution Control 
Standards and Regulations are granted interim approval as Guam's 
alternate permit program:

1101.1(a) Administrator
1101.1(d) Air pollutant
1101.1(e) Air pollution
1101.1(i) Air pollution emission source
1101.1(r) CFR
1101.1(s) Clean Air Act
1101.1(t) Commenced
1101.1(v) Compliance Plan
1101.1(aa) Emission
1101.1(cc) Emissions unit
1101.1(ii) Fugitive Emissions
1101.1(jj) GEPA
1101.1(kk) Hazardous air pollutant
1101.1(xx) Owner or operator
1101.1(zz) Permit
1101.1(bbb) Person
1101.1(eee) Potential to emit
1101.1(iii) Regulated air pollutant
1101.1(jjj) Responsible official
1101.1(ooo) Source
1101.1(uuu) USEPA
1101.1(vvv) USEPA Administrator
1102.3 Certification
1102.7 Public Access to Information
1102.9 Prompt Reporting of Deviations
1104.1 Definitions
(a) Administrative Permit Amendment
(b) AP-42
(c) Applicable requirement
(d) Federal oversight source
(e) Insignificant source
(f) Insignificant sources--Type I
(g) Insignificant sources--Type II
(h) Major source
(i) Minor source
(j) Modification
(k) Pollution prevention
(l) Significant modification
(m) Transition period
1104.2 Applicability
1104.3 General conditions for considering applications
1104.4 Holding and transfer of permit
1104.5(a) Cancellation of Air Pollution Control Permit
1104.6 Air Pollution Control Permit Application
1104.7 Duty to Supplement or Correct Permit Applications
1104.8 Compliance Plan
1104.9 Compliance Certification of Air Pollution Emission Sources
1104.10 Transition Period and Deadlines to Submit First Applications
1104.11 Permit Term
1104.12 Permit Content
1104.13 Inspections
1104.14 Federally-Enforceable Permit Terms and Conditions
1104.15 Transmission of Information to USEPA
1104.16 USEPA Oversight
1104.17 Emergency Provision
1104.18 Permit Termination, Suspension, Reopening, and Amendment
1104.19 Public Participation
1104.20 Administrative Permit Amendment
1104.21 General Fee Provisions
1104.22 Air Pollution Control Special Fund
1104.23 Application Fees for Air Pollution Emission Sources
1104.24 Annual Fees for Air Pollution Emission Sources
1104.25 Penalties and Remedies
1106 Standards of Performance for Air Pollution Emission Sources

    (2)(i) If Guam does not submit a revised alternate operating permit 
program within 18 months of April 9, 2003, then interim approval of the 
alternate permit program shall expire with no further rulemaking and 40 
CFR part 71 shall become effective for all subject sources in Guam.
    (ii) If Guam submits revisions within 18 months of April 9, 2003, 
the interim approval will continue for an additional 6 months while EPA 
reviews the amended program to determine if it qualifies for full 
approval. Unless EPA approves the amended program, the interim approval 
will expire with no further rulemaking two years after April 9, 2003. 
EPA will approve the amended program and provide notice of the approval 
in the Federal Register if the amended program meets all the conditions 
of the exemption.
    (3) SIP Revision. Guam shall adopt, pursuant to required 
procedures, and submit to EPA a revision to Guam's SIP that provides 
that a person shall not violate a permit condition or term in an 
operating permit that has been issued under an EPA approved alternate 
operating permit program adopted by Guam pursuant the exemption 
authorized in this Sec.  69.13.

[FR Doc. 03-119 Filed 1-8-03; 8:45 am]
BILLING CODE 6560-50-U