[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Rules and Regulations]
[Pages 8547-8550]
From the Federal Register Online via the Government Publishing 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.
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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,
[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 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
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Applicable State
Name of SIP provision geographic or submittal EPA approval date Explanation
nonattainment area date
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Implementation Plan for Compliance With the Ambient Air Quality Standards For Territory of Guam
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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
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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).
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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).
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[FR Doc. 2015-03178 Filed 2-17-15; 8:45 am]
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