[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Rules and Regulations]
[Pages 7805-7808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02856]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AS123-NBK; FRL-9922-86-Region 9]


 Approval and Promulgation of Implementation Plans; American 
Samoa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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[[Page 7806]]

SUMMARY: The Environmental Protection Agency (EPA) is completing the 
process begun in 2005 to revise the format of the ``identification of 
plan'' section for the American Samoa State Implementation Plan (SIP). 
Specifically, the EPA is adding the nonregulatory provisions and quasi-
regulatory measures to the revised ``identification of plan'' section. 
The nonregulatory provisions and quasi-regulatory measures affected by 
this format revision have been previously submitted by the Territory of 
American Samoa and approved by the EPA.

DATES: This rule is effective on February 12, 2015.

ADDRESSES: Nonregulatory and quasi-regulatory SIP materials are 
available for inspection at Air Division, EPA Region IX, 75 Hawthorne 
Street, San Francisco, 94105-3901 and online at EPA Region IX's Web 
site.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, Rules Office (AIR-4), U.S. 
Environmental Protection Agency, Region IX, (415) 972-3073, 
[email protected].

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

Table of Contents

I. Background
II. Public Comments
III. Statutory and Executive Order Reviews

I. Background

    Under the Clean Air Act (CAA or ``Act''), each state is required to 
have a state implementation plan (SIP) which contains the control 
measures and strategies which will be used to attain and maintain the 
national ambient air quality standards (NAAQS). The SIP is extensive, 
containing such elements as emission inventories, monitoring networks, 
attainment demonstrations, and enforcement mechanisms. The control 
measures and strategies must be formally adopted by each state after 
the public has had an opportunity to comment on them. They are then 
submitted to EPA as SIP revisions on which EPA must formally act.
    The SIP is a living document which can be revised by the state as 
necessary to address the unique air pollution problems in the state. 
Therefore, the EPA from time to time must take action on SIP revisions 
which may contain new or revised regulations as being part of the SIP. 
On May 31, 1972 (37 FR 10842), the EPA approved, with certain 
exceptions, the initial SIPs for 50 states, four territories and the 
District of Columbia. Since 1972, each state and territory has 
submitted numerous SIP revisions, either on their own initiative, or 
because they were required to as a result of various amendments to the 
CAA. The EPA codifies its approvals and disapprovals of SIPs and SIP 
revisions in 40 CFR part 52 (``Approval and promulgation of 
implementation plans'').
    Within 40 CFR part 52, there are 58 subparts (subparts A through 
FFF). Subpart A contains general provisions and certain requirements 
applicable to all states and territories, while subparts B through DDD 
and FFF contain requirements that are specific to a given state or 
territory. Subpart EEE contains historical information pertaining to 
the EPA's actions on SIP material originally submitted by states to the 
National Air Pollution Control Administration, Department of Health 
Education and Welfare in 1970.
    Until 1997, the first or second section of each subpart within 40 
CFR part 52 (other than subparts A and EEE) was called ``identification 
of plan.'' On May 22, 1997 (62 FR 27968), EPA established a new format 
for the ``identification of plan'' sections assigned to each subpart in 
40 CFR part 52 (except A and EEE). With the new format, revised 
``identification of plan'' sections contain five subsections: (a) 
Purpose and scope, (b) Incorporation by reference, (c) EPA approved 
regulations, (d) EPA approved source specific permits, and (e) EPA 
approved nonregulatory provisions and quasi-regulatory measures. 
``Nonregulatory provisions and quasi-regulatory measures'' refers to 
such items as transportation control measures, certain statutory 
provisions, control strategies, and monitoring networks. In our May 
1997 rule, we indicated that the EPA would begin to phase-in the new 
format on a state-by-state basis. Please see our May 1997 rule for more 
information concerning the revised format for SIPs.
    The American Samoa SIP is identified in subpart DDD (``American 
Samoa'') of part 52. As with other State SIPs, the EPA has taken a 
number of actions since 1972 with respect to the American Samoa SIP. In 
2005, we revised the format of the ``identification of plan'' section 
in subpart DDD in accordance with the revised format described above. 
See 70 FR 53564 (September 9, 2005). In our 2005 final rule, we did not 
complete the process of revising the format for the ``identification of 
plan'' section in that we did not list the nonregulatory provisions and 
quasi-regulatory measures portion of the American Samoa SIP, but we are 
doing so in today's action.

II. Public Comments

    EPA has determined that today's rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedure Act 
(APA) that, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation; and section 553(d)(3), which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). 
Today's rule simply revises the codification of provisions that are 
already in effect as a matter of law in Federal and approved State 
programs. Under section 553 of the APA, an agency may find good cause 
where procedures are ``impractical, unnecessary, or contrary to the 
public interest.'' Public comment is ``unnecessary'' and ``contrary to 
the public interest'' since the codification only reflects existing 
law. Immediate notice in the CFR benefits the public by clearly 
identifying the current nonregulatory provisions and quasi-regulatory 
measures of the American Samoa SIP.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). Because the 
agency has made a ``good cause'' finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedure Act or any other statute as indicated in the SUPPLEMENTARY 
INFORMATION (II. Public Comments'') section above, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded 
Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this 
action does not significantly or uniquely affect small governments or 
impose a significant intergovernmental mandate, as described in 
sections 203 or 204 of UMRA.
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes,

[[Page 7807]]

as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not an economically significant 
regulatory action based on health or safety risks.
    This rule does not involve technical standards; thus the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule 
also does not involve special consideration of environmental justice 
related issues as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994). This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 808 allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public internet. Today's action simply 
reformats the codification of provisions that are already in effect as 
a matter of law in Federal and approved State programs. 5 U.S.C. 
808(2). As stated previously, EPA has made such a good cause finding, 
including the reasons therefore, and established an effective date of 
February 12, 2015. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    The EPA has also determined that the provisions of section 
307(b)(1) of the Clean Air Act pertaining to petitions for judicial 
review are not applicable to this action. Prior EPA rulemaking actions 
for each individual component of the American Samoa SIP compilation had 
previously afforded interested parties the opportunity to file a 
petition for judicial review in the United States Court of Appeals for 
the appropriate circuit within 60 days of such rulemaking action. Thus, 
the EPA sees no need to reopen the 60-day period for filing such 
petitions for judicial review for this reformatting of portions of the 
``Identification of plan'' section of 40 CFR 52.2820 for American 
Samoa.

List of Subjects in 40 CFR Part 52

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

    Dated: January 23, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart DDD--American Samoa

0
2. Section 52.2820 is amended by adding paragraph (e) to read as 
follows:


Sec.  52.2820  Identification of plan.

* * * * *
    (e) EPA Approved Nonregulatory Provisions and Quasi-Regulatory 
Measures.

               EPA Approved American Samoa Nonregulatory Provisions and Quasi-Regulatory Measures
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                                      Applicable
     Name of SIP provision           geographic or          State      EPA approval date        Explanation
                                  nonattainment  area  submittal date
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                      Territory of American Samoa Air Pollution Control Implementation Plan
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Section 1. Introduction:
Introduction...................  State-wide..........        01/27/72  05/31/72, 37 FR    Included as part of
                                                                        10842.             the original SIP. See
                                                                                           40 CFR 52.2823(b).
Letter from Donald F. Graf,      State-wide..........        03/23/72  05/31/72, 37 FR    Letter indicating
 Executive Secretary, American                                          10842.             formal adoption of
 Samoa Environmental Quality                                                               the implementation
 Commission, to Frank                                                                      plan. See 40 CFR
 Covington, Director, Air and                                                              52.2823(c)(2).
 Water Programs Division, EPA
 Region IX, dated March 23,
 1972.
Letter from Donald F. Graf,      State-wide..........        04/28/72  03/02/76, 41 FR    Letter regarding EPA
 Executive Secretary, American                                          8956.              comments on the plan.
 Samoa Environmental Quality                                                               See 40 CFR
 Commission, to Paul DeFalco,                                                              52.2823(c)(3).
 Regional Administrator, EPA
 Region IX, dated April 28,
 1972.
Section 2. Legal Authority:
Legal Authority................  State-wide..........        01/27/72  05/31/72, 37 FR
                                                                        10842.

[[Page 7808]]

 
Appendix A. American Samoa       State-wide..........         03/9/72  05/31/72, 37 FR    Public Law 12-45.
 Environmental Quality Act,                                             10842.             Chapter 35.01 of the
 excluding section 35.0113.                                                                Code of American
                                                                                           Samoa. See 40 CFR
                                                                                           52.2823(c)(1).
                                                                                           Section 35.0113
                                                                                           (``Variances'') was
                                                                                           deleted without
                                                                                           replacement at 62 FR
                                                                                           34641 (June 27,
                                                                                           1997)]. See 40 CFR
                                                                                           52.2823(b)(1).
Section 3. Air Quality Data....  State-wide..........        01/27/72  05/31/72, 37 FR    Included as part of
                                                                        10842.             the original SIP. See
                                                                                           40 CFR 52.2823(b).
Section 4. Emission Inventory..  State-wide..........        01/27/72  05/31/72, 37 FR    Included as part of
                                                                        10842.             the original SIP. See
                                                                                           40 CFR 52.2823(b).
Section 5. Control Strategy:
Control Strategy...............  State-wide..........        01/27/72  05/31/72, 37 FR    Included as part of
                                                                        10842.             the original SIP. See
                                                                                           40 CFR 52.2823(b).
Letter from Peter T. Coleman,    State-wide..........        11/12/82  08/14/85, 50 FR    Negative declaration
 Governor, American Samoa, to                                           32697.             indicating no Lead
 Kathleen M. Bennett, EPA,                                                                 sources in American
 dated November 12, 1982.                                                                  Samoa. See 40 CFR
                                                                                           52.2823(c)(5)(i).
Section 6. Compliance Schedule.  State-wide..........        01/27/72  05/31/72, 37 FR    Included as part of
                                                                        10842.             the original SIP. See
                                                                                           40 CFR 52.2823(b).
Section 7. Air Quality           State-wide..........        01/27/72  05/31/72, 37 FR    Included as part of
 Surveillance Network.                                                  10842.             the original SIP. See
                                                                                           40 CFR 52.2823(b).
Section 8. Review of New         State-wide..........        01/27/72  05/31/72, 37 FR    Included as part of
 Sources and Modifications.                                             10842.             the original SIP. See
                                                                                           40 CFR 52.2823(b).
Section 9. Source Surveillance.  State-wide..........        01/27/72  05/31/72, 37 FR    Included as part of
                                                                        10842.             the original SIP. See
                                                                                           40 CFR 52.2823(b).
Section 10. Resources..........  State-wide..........        01/27/72  05/31/72, 37 FR    Included as part of
                                                                        10842.             the original SIP. See
                                                                                           40 CFR 52.2823(b).
Section 11. Intergovernmental    State-wide..........        01/27/72  05/31/72, 37 FR    Included as part of
 Cooperation.                                                           10842.             the original SIP. See
                                                                                           40 CFR 52.2823(b).
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[FR Doc. 2015-02856 Filed 2-11-15; 8:45 am]
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