
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Rules and Regulations]
[Pages 8547-8550]
From the Federal Register Online via the Government Printing 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, 
gong.kevin@epa.gov.

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
----------------------------------------------------------------------------------------------------------------
         Implementation Plan for Compliance With the Ambient Air Quality Standards For Territory of Guam
----------------------------------------------------------------------------------------------------------------
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).

[[Page 8550]]

 
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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