[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Rules and Regulations]
[Pages 22032-22036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08611]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 69

[EPA-R09-OAR-2013-0697; FRL-9909-18-Region 9]


Approval and Promulgation of Implementation Plans; Commonwealth 
of the Northern Mariana Islands; Prevention of Significant 
Deterioration; Special Exemptions From Requirements of the Clean Air 
Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Clean Air Act, the Environmental Protection Agency 
(EPA) is taking final action to disapprove the state implementation 
plan (SIP) for the Commonwealth of the Northern Mariana Islands (CNMI) 
with respect to prevention of significant deterioration (PSD), and to 
incorporate by reference the Federal PSD regulations into the 
applicable CNMI plan. EPA is also taking final action to grant a 
petition by CNMI for an exemption of the applicable PSD major source 
baseline date, and to establish an alternate date, January 13, 1997, as 
the major source baseline date and trigger date in CNMI. EPA is also 
making certain corrections to errors that were made in previous 
rulemakings related to the CNMI SIP. This action establishes the 
Federal PSD regulations as a basic element of the applicable CNMI plan 
and, through the exemption, establishes January 13, 1997 as the major 
source baseline date (and trigger date) under the PSD program in CNMI 
for sulfur dioxide, PM10 and nitrogen dioxide.

[[Page 22033]]


DATES: Effective Date: This rule is effective on May 21, 2014.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2013-0697 for 
this action. The index to the docket is available electronically at 
https://www.regulations.gov and in hard copy at EPA Region IX, 75 
Hawthorne Street, San Francisco, California. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available in either location (e.g., 
Confidential Business Information). To inspect the hard copy materials, 
please schedule an appointment during normal business hours with the 
contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: La Weeda Ward, (213) 244-1812 or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On November 25, 2013 (78 FR 70248), under section 110(k) of the 
Clean Air Act (CAA or ``Act''), EPA proposed to disapprove the state 
implementation plan (SIP) for the Commonwealth of the Northern Mariana 
Islands (CNMI) with respect to prevention of significant deterioration 
(PSD), and to incorporate by reference the Federal PSD regulations into 
the applicable CNMI plan.\1\ EPA also proposed to grant, under section 
325(a)(1) of the Act, a petition by CNMI for an exemption of the 
applicable PSD major source baseline date under Federal PSD 
regulations, and to establish an alternate date, January 13, 1997, as 
the major source baseline date and trigger date for certain pollutants 
in CNMI. Lastly, under section 110(k)(6) of the Act, EPA proposed to 
make certain corrections to errors that were made in previous 
rulemakings involving the CNMI SIP.
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    \1\ CNMI is an insular territory of the United States. CNMI 
consists of 15 islands of volcanic origin which are located 
approximately 145[deg] to 146[deg] east and from 14[deg] to 20[deg] 
north of the equator. The islands extend in a general north-south 
direction for approximately 420 nautical miles from the Island of 
Farallon de Pajaros in the north to the island of Rota in the south. 
CNMI lies in the western part of the Pacific Ocean and is located 
approximately 1,250 miles south of Tokyo, 1,440 miles east of 
Manila, and 110 miles north of Guam. Based on Bureau of Census 2010 
population counts, the total population of CNMI is approximately 
54,000 with the majority of the population residing on Saipan.
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    As explained in our November 25, 2013 proposed rule, the action 
would establish the Federal PSD regulations as a basic element of the 
applicable CNMI plan and, through the exemption, would establish 
January 13, 1997 as the major source baseline date (and trigger date) 
under the PSD program in CNMI for sulfur dioxide, PM10 and 
nitrogen dioxide.
    Our November 25, 2013 proposed rule provides detailed background 
information related to PSD requirements under part C of title I of the 
CAA (and EPA's PSD SIP requirements in 40 CFR 51.166) and petitions by 
governors of certain territories under CAA section 325(a) for 
exemptions from certain CAA requirements; the rationale for our 
conclusion that the CNMI SIP does not meet the requirements for PSD 
under part C of title I of the CAA and 40 CFR 51.166; the rationale for 
granting CNMI's petition for an alternate major source baseline date 
and the establishment of January 13, 1997 as the PSD major source 
baseline date and trigger date (with respect to sulfur dioxide, 
PM10, and nitrogen dioxide); and a description of the 
specific corrections to previous SIP actions that are needed to better 
identify and clarify the contents of the CNMI SIP as set forth in 40 
CFR part 52. The reader is directed to the proposed rule for the 
details, which are not repeated here.

II. Public Comments and EPA Responses

    Our November 25, 2013 proposed rule provided a 30-day comment 
period and an opportunity to request a public hearing. During this 
period, we received no comments on our proposed action and no request 
for a public hearing.

III. Final Action

    Under section 110(k) of the CAA, EPA is taking final action to 
disapprove the CNMI SIP with respect to PSD, and incorporate by 
reference the Federal PSD regulations into the applicable CNMI plan.\2\ 
EPA is also taking final action to grant a petition by CNMI for an 
exemption of the PSD major source baseline date, and to establish an 
alternate date, January 13, 1997, as the major source baseline date and 
trigger date for sulfur dioxide, PM10, and nitrogen dioxide 
in CNMI. Lastly, in addition to making conforming amendments to 40 CFR 
part 52, subparts A and FFF and to 40 CFR part 69, subpart C, EPA is 
also making certain corrections to certain errors in 40 CFR part 52 
that were made in previous rulemakings involving the CNMI SIP.
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    \2\ While EPA is taking final action to disapprove the CNMI SIP 
with respect to PSD, such disapproval does not affect the validity 
of previously approved rules in the CNMI SIP. Such SIP rules 
continue to be part of the applicable CNMI plan unless and until EPA 
approves their revocation or revision.
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    This action establishes EPA's PSD regulations as a basic element of 
the applicable CNMI plan, and, through the exemption, establishes a 
major source baseline date and trigger date for sulfur dioxide, 
PM10, and nitrogen dioxide on CNMI of January 13, 1997.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993) 
and is therefore not subject to review by the Office of Management and 
Budget (OMB) under E.O. 12866 and E.O. 13563 (76 FR 3821, January 21, 
2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Reduction Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 small governmental 
jurisdictions.
    This rule will not have a significant impact on a substantial 
number of small entities because, while the disapproval of the CNMI SIP 
with respect to PSD will lead to the application of the Federal PSD 
regulations to CNMI, the basic PSD statutory requirements for major 
emitting facilities to obtain a PSD permit already apply within CNMI, 
and the incremental impact associated with application of the specific 
requirements under the Federal PSD regulations will be offset by EPA's 
grant of CNMI's petition for an exemption from the original PSD major 
source baseline dates. Therefore, I certify that this action will not 
have a significant economic impact on a substantial number of small 
entities.

[[Page 22034]]

D. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the disapproval of the CNMI SIP with 
respect to PSD, considered together with the incorporation of the 
Federal PSD regulations, and grant of an exemption request with respect 
to the PSD major source baseline date, does not include a Federal 
mandate that may result in estimated costs of $100 million or more to 
either State, local, or tribal governments in the aggregate, or to the 
private sector. While the disapproval of the CNMI SIP with respect to 
PSD will lead to the application of the Federal PSD regulations to 
CNMI, the basic PSD statutory requirements for major emitting 
facilities to obtain a PSD permit already apply within CNMI, and the 
incremental impact associated with application of the specific 
requirements under the Federal PSD regulations will be offset by EPA's 
grant of CNMI's petition for an exemption from the original PSD major 
source baseline dates. Accordingly, the additional costs to State, 
local, or tribal governments, or to the private sector, will not be 
significant for the purposes of section 202 of the Unfunded Mandates 
Act.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that 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.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule 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, because it 
merely disapproves the CNMI SIP with respect to PSD, incorporates the 
Federal PSD regulations, and grants an exemption request with respect 
to the PSD major source baseline date, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. Thus, the requirements of section 6 
of the Executive Order do not apply to this rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This rule does not have 
tribal implications, as specified in Executive Order 13175. It will not 
have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not 
apply to this rule.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
rule is not subject to Executive Order 13045, because it disapproves 
the CNMI SIP with respect to PSD, incorporates the Federal PSD 
regulations, and grants an exemption request with respect to the PSD 
major source baseline date.

H. Executive Order 13211, Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    Executive Order (E.O.) 12898 (59 FR 7629 (Feb. 16, 1994)) 
establishes federal executive policy on environmental justice. Its main 
provision directs federal agencies, to the greatest extent practicable 
and permitted by law, to make environmental justice part of their 
mission by identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority 
populations and low-income populations in the United States.
    This rulemaking includes a review of the CNMI SIP relative to PSD 
requirements, incorporation of EPA's PSD regulation into the applicable 
CNMI plan, and a grant of an exemption to CNMI to the original PSD 
major source baseline dates. With respect to EPA's review of the CNMI 
SIP, EPA's

[[Page 22035]]

role is to approve or disapprove state choices, based on the criteria 
of the Clean Air Act, and incorporation of EPA's PSD regulation is the 
established remedy for disapproval of the CNMI SIP with respect to PSD. 
Thus, the EPA lacks the discretionary authority to address 
environmental justice in those two aspects of this rulemaking.
    EPA does have discretionary authority to address environment 
justice with respect to EPA's consideration of the exemption request 
from CNMI and has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations. This is because, due to 
the lack of documentation of major source emissions changes from the 
original PSD baseline dates, application of the original major source 
baseline dates could lead to speculative and uncertain estimates of PSD 
increment consumption and correspondingly speculative and uncertain 
levels of environmental protection. In contrast, EPA's grant of CNMI's 
exemption request sets the stage for consistent and uniform PSD 
increment tracking and protection within CNMI.

K. Congressional Review Act

    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. 
section 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 20, 2014. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

40 CFR Part 69

    Environmental protection, Air pollution control.


    Dated: April 8, 2014.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, Title 40, Chapter I 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 A--General Provisions


Sec.  52.02  [Amended]

0
2. Section 52.02 is amended by:
0
a. Adding ``and FFF'' after ``DDD'' in paragraph (d) introductory text; 
and
0
b. Adding ``Commonwealth of the Northern Mariana Islands,'' after 
``American Samoa,'' in paragraph (d)(2)(ix).


Sec.  52.16  [Amended]

0
3. Amend Sec.  52.16 in paragraph (b)(9) by adding ``Commonwealth of 
the Northern Mariana Islands,'' after ``American Samoa,''.


Sec.  52.21  [Amended]

0
4. Amend Sec.  52.21 in paragraph (a)(1) by adding ``and FFF'' after 
``DDD'' two times.

Subpart FFF--Commonwealth of the Northern Mariana Islands


Sec.  52.2920  [Amended]

0
5. In Sec.  52.2920, amend the table in paragraph (c), by removing the 
entry for ``Part VIII,'' and under ``Part VIII,'' by removing the 
entries for ``Paragraph A,'' ``Paragraph B,'' ``Paragraph C,'' 
``Paragraph D,'' ``Paragraph E,'' ``Paragraph F,'' ``Table VIII-1,'' 
``Paragraph G,'' and ``Paragraph H.''


Sec.  52.2921  [Amended]

0
6. Amend Sec.  52.2921 in paragraph (c)(1)(i)(A) by removing ``of 
lead'' after ``major sources''.

0
7. Section 52.2922 is added to read as follows:


Sec.  52.2922  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec.  52.21 except paragraphs (a)(1), 
(b)(14)(i)(a) and (b), (b)(14)(ii)(a) and (b), (i)(5)(i)(c), and (k)(2) 
are hereby incorporated and made a part of the applicable plan for the 
Commonwealth of the Northern Mariana Islands.
    (c) For the purposes of applying the requirements of Sec.  52.21 
within the Commonwealth of the Northern Mariana Islands, the terms 
``major source baseline date'' and ``trigger date'' mean January 13, 
1997 in the case of sulfur dioxide, PM10, and nitrogen 
dioxide.

PART 69--SPECIAL EXEMPTIONS FROM REQUIREMENTS OF THE CLEAN AIR ACT

0
8. The authority citation for part 69 continues to read as follows:

    Authority:  42 U.S.C. 7545(c), (g) and (i), and 7625-1.

Subpart C--Commonwealth of the Northern Mariana Islands

0
9. Section 69.31 is added to read as follows:


Sec.  69.31  New Exemptions.

    (a) Change to Major Source Baseline Date and Trigger Date. Pursuant 
to section 325(a) of the Clean Air Act and a petition submitted by the 
Governor of the Commonwealth of the Northern Mariana Islands, EPA 
grants an exemption to the major source baseline dates and trigger 
dates for sulfur dioxide, PM10, and nitrogen dioxide under 
40 CFR 52.21, and establishes January 13, 1997 as the major source 
baseline date and trigger date for these pollutants in the Commonwealth 
of the Northern Mariana Islands. This exemption applies solely to the 
PSD major source baseline date and trigger date in the Commonwealth of 
the Northern Mariana Islands. Owners and operators of air pollutant 
sources are required to comply with all other applicable requirements 
of the Clean Air

[[Page 22036]]

Act. For purposes of complying with any applicable requirement that is 
triggered by, implemented or calculated from the PSD major source 
baseline date, such requirement, increment, or calculation shall, for 
sources located within the Commonwealth of the Northern Mariana 
Islands, use January 13, 1997 as the PSD major source baseline date and 
trigger date for sulfur dioxide, PM10, and nitrogen dioxide.
    (b) [Reserved]

[FR Doc. 2014-08611 Filed 4-18-14; 8:45 am]
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