70248 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Proposed Rules 

includes the month we make the first 

recurring monthly SSI benefit payment 

to you following your period of 

suspension or termination and 

subsequent reinstatement of those 

benefits. 

■ 10. Revise § 416.1920 to read as 

follows: 

§ 416.1920 Your appeal rights under this 

subpart. 

(a) Your appeal rights to the State. 

You have the right to appeal to the State 

if you disagree with any of the State’s 

actions regarding reimbursement of the 

interim assistance. You are not entitled 

to a Federal hearing to appeal the State’s 

actions regarding reimbursement for 

interim assistance. 

(b) Your appeal rights to us. You have 

the right to appeal to us, in accordance 

with subpart N of this part— 

(1) The amount of your retroactive SSI 

benefit payments we withheld from you; 

(2) The amount of your retroactive SSI 

benefit payments we sent to the State to 

reimburse the State for interim 

assistance it paid to you; and 

(3) The amount of your retroactive SSI 

benefit payments due to you after we 

reimbursed the State for interim 

assistance it paid to you. 

§ 416.1922 [Removed and Reserved] 

■ 11. § 416.1922 is removed and 

reserved. 

[FR Doc. 2013–28034 Filed 11–22–13; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Chapter I 

[Docket No. FDA–2013–N–0001] 

Medical Gas Regulation Review; 

Announcement of Public Meeting; 

Correction 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of public meeting; 

correction. 

SUMMARY: The Food and Drug 

Administration is correcting a document 

that appeared in the Federal Register of 

November 1, 2013 (78 FR 65588). The 

document announced a public meeting 

entitled ‘‘Medical Gas Regulation 

Review.’’ The document was published 

with an incorrect Web site. This 

document corrects that error. 

DATES: Effective November 25, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Mary Gross, Office of Executive 

Programs, Food and Drug 

Administration, 10903 New Hampshire 

Ave., Silver Spring, MD 20993–0002, 

301–796–3519, FAX: 301–847–8753, 

email: Mary.Gross@fda.hhs.gov; or 

Christine Kirk, Center for Drug 

Evaluation and Research, Food and 

Drug Administration, 10903 New 

Hampshire Ave., Silver Spring, MD 

20993–0002, 301–796–2465, FAX: 301– 

847–8440, email: 

Christine.Kirk@fda.hhs.gov; or Urvi 

Desai, Center for Veterinary Medicine, 

Food and Drug Administration, 7500 

Standish Pl., Rockville, MD 20855, 

email: Urvi.Desai@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of Friday, November 1, 

2013, in FR Doc. 2013–26056, on page 

65588 the following corrections are 

made: 

1. In the third column, in the last 

sentence of the second paragraph under 

Registration and Requests for Oral 

Presentations, ‘‘http://www.fda.gov/ 

Drugs/NewEvents/ucm370351.htm’’ is 

corrected to read ‘‘http://www.fda.gov/ 

Drugs/NewsEvents/ucm370351.htm’’. 

2. In the third column, in the first 

sentence of the third paragraph under 

Registration and Requests for Oral 

Presentations, ‘‘http://www.fda.gov/ 

Drugs/NewEvents/ucm370351.htm’’ is 

corrected to read ‘‘http://www.fda.gov/ 

Drugs/NewsEvents/ucm370351.htm’’. 

Dated: November 19, 2013. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2013–28083 Filed 11–22–13; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 69 

[EPA–R09–OAR–2013–0697; FRL–9902–75– 

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: Proposed rule. 

SUMMARY: Under the Clean Air Act, EPA 

is proposing 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 

proposing to approve a petition by 

CNMI for an exemption of the 

applicable PSD major source baseline 

date and trigger date under Federal PSD 

regulations, and to establish an alternate 

date, January 13, 1997, as the major 

source baseline date and trigger date in 

CNMI. EPA is also proposing to make 

certain corrections that were made in 

previous rulemakings. This action 

would establish the Federal PSD 

regulations as a basic element of the 

CNMI implementation 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. 

DATES: Comments must be received on 

or before December 26, 2013. Request 

for a public hearing must be received by 

December 10, 2013. If we receive a 

request for a public hearing, we will 

publish information related to the 

timing and location of the hearing and 

the timing of a new deadline for public 

comments. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0697, by one of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

• E-Mail: rios.gerardo@epa.gov. 

• Mail or Deliver: Gerardo Rios 

(AIR–3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. The 

www.regulations.gov portal is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send 

email directly to EPA, your email 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. 

Docket: The index to the docket for 

this action is available electronically at 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Proposed Rules 70249 

1CNMI consists of 15 islands of volcanic origin 

which are located approximately 145° to 146° east 

and from 14° to 20° 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. 

2CNMI is an insular territory of the United States. 

The relations between CNMI and the United States 

are governed by the Covenant to Establish a 

Commonwealth of the Northern Mariana Islands in 

Political Union with the United States of America 

(‘‘Covenant’’). See 48 U.S.C. 1801 notes. Section 502 

of the Covenant lists laws which are in existence 

on the effective date of section 502 and states that 

these laws and the subsequent amendments to such 

laws will apply to CNMI, unless otherwise specified 

in the Covenant. Paragraph (1) of section 502 lists 

federal banking laws, provisions of the Social 

Security Act and the Public Health Service Act. 

Paragraph (2) states ‘‘those laws not described in 

paragraph (1) which are applicable to Guam and 

which are of general application to the several 

States as they are applicable to the several States.’’ 

Proclamation No. 4534, signed by President Carter 

in 1977, states in section 2 that section 502 of the 

Covenant came into effect on January 9, 1978. See 

42 FR 56593. As noted above, Guam has been 

included in the term ‘‘state’’ for CAA purposes 

since the 1970 Amended Act. 

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., CBI). 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 

below. 

FOR FURTHER INFORMATION CONTACT: La 

Weeda Ward, (213) 244–1812 or 

ward.laweeda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Prevention of Significant Deterioration 

A. Background 

B. EPA’s Evaluation of the CNMI SIP and 

Proposed Action 

II. Major Source Baseline Date 

A. Background 

B. CNMI’s Petition for Change of Major 

Source Baseline Date 

C. EPA’s Evaluation of CNMI’s Petition and 

Proposed Action 

III. Corrections 

A. Background 

B. Proposed Action 

IV. Proposed Action and Request for Public 

Comment 

V. Statutory and Executive Order Reviews 

I. Prevention of Significant 

Deterioration 

A. Background 

Under the Clean Air Act (CAA or 

‘‘Act’’), as amended in 1970, EPA 

established the first national ambient air 

quality standards (NAAQS or 

‘‘standard’’), which represent standards 

EPA has determined are requisite to 

protect the public health and welfare. 

Once EPA has established a NAAQS, 

under CAA section 110(a), each state is 

required within a prescribed period of 

time to adopt and submit a plan, 

referred to as the State Implementation 

Plan (SIP), which provides for 

implementation, maintenance, and 

enforcement of such NAAQS. Under the 

Clean Air Amendments of 1970, the 

term ‘‘state’’ was defined in section 

302(d) as meaning one of the 50 States, 

the District of Columbia, the 

Commonwealth of Puerto Rico, the 

Virgin Islands, Guam, and American 

Samoa. The Commonwealth of the 

Northern Mariana Islands (CNMI) was 

not included within the meaning of 

‘‘state’’ under the 1970 Amended Act.1

At the time of the 1970 Act 

Amendments, CNMI was part of the 

post-World War II United Nations’ Trust 

Territory of the Pacific Islands (TPPI). In 

1976, Congress approved the mutually 

negotiated Covenant to Establish a 

Commonwealth of the Northern Mariana 

Islands (CNMI) in Political Union with 

the United States. 

Generally speaking, SIPs must include 

a number of substantive elements 

including, but not limited to, rules 

establishing emission limitations, 

permit programs for new or modified 

major stationary sources (‘‘New Source 

Review,’’ or NSR), programs for 

monitoring ambient air concentrations, 

and necessary assurances that the State 

has adequate legal authority and 

resources to implement the SIP. 

Once a SIP is submitted, EPA must 

take action to approve or disapprove it, 

in whole or in part. If, however, a state 

fails to submit a SIP or a portion of the 

SIP, or if EPA disapproves a SIP or 

portion of the SIP, then generally 

speaking, EPA must promulgate a 

Federal Implementation Plan (FIP) to 

address the plan deficiency. Together, 

the approved portions of the SIP and 

EPA’s FIP for a given state constitute 

that state’s applicable plan for the 

purposes of the CAA. See 40 CFR 

52.02(b). Each state’s applicable plan is 

listed in separate subparts of 40 CFR 

part 52. For example, the applicable 

CNMI plan is found in subpart FFF of 

40 CFR part 52. 

One of the SIP content requirements 

under section 110 is the requirement to 

prevent significant deterioration of air 

quality (PSD) in areas that are meeting 

the NAAQS through review and 

permitting of new major stationary 

sources and major modifications. As 

such, PSD is a specific type of NSR 

program. The federal PSD program 

began in the early 1970’s during which 

EPA reviewed each SIP, determined that 

the SIPs generally did not contain 

regulations or procedures specifically 

addressing PSD, and thus disapproved 

all of the SIPs to the extent they lacked 

procedures and regulations for 

preventing significant deterioration of 

air quality in portions of the state where 

air quality is better than one or more the 

NAAQS. 37 FR 23836 (November 9, 

1972). 

In 1974, EPA promulgated a PSD FIP 

(then, and now, codified in 40 CFR 

52.21) to apply in all states for which 

EPA had disapproved the SIP with 

respect to PSD. 39 FR 42510 (December 

5, 1974). In our 1974 final rule, we 

retained (as 40 CFR 52.21(a)) our 1972 

general disapproval statement for all 

SIPs with respect to PSD. In June 1975, 

EPA modified part 52 by incorporating 

specific PSD disapprovals into the 

applicable subpart for each state in part 

52, and EPA modified the general 

disapproval statement of section 

52.21(a) accordingly. EPA indicated that 

these changes to each subpart had no 

substantive effect but were rather made 

so that all regulations applicable to a 

particular implementation plan would 

be located in one place. 40 FR 25004 

(June 12, 1975). 

On August 7, 1977, the CAA 

Amendments of 1977 became law. The 

1977 Amendments changed the 1970 

CAA and EPA’s regulations in many 

respects, particularly with regard to 

PSD. In addition to mandating certain 

immediately effective changes to EPA’s 

PSD regulations, the 1977 Amendments, 

in sections 160–169 (i.e., subpart I of 

part C (‘‘Prevention of Significant 

Deterioration of Air Quality’’) of title I), 

contained comprehensive new PSD 

requirements. These new requirements 

were to be incorporated by States into 

their respective SIPs (under section 110 

of the CAA). The 1977 Amendments 

also revised the definition of the term, 

‘‘state,’’ in CAA section 302(d), to 

include CNMI, in recognition of the 

change during the 1970s in the 

relationship between CNMI and United 

States. CNMI did not become subject to 

the CAA, however, until January 9, 

1978.2 On March 3, 1978 (43 FR 8962), 

EPA established the first area 

designations under CAA section 107 

and thereby divided the states into areas 

designated as nonattainment, attainment 


emcdonald on DSK67QTVN1PROD with PROPOSALS
70250 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Proposed Rules 

or unclassifiable with respect to each of 

the various NAAQS. In so doing, EPA 

designated CNMI as attainment or 

unclassifiable/attainment for each of the 

NAAQS, and CNMI continues to be so 

designated. See 40 CFR 81.354. 

In June 1978, in response to the CAA 

Amendments of 1977, and again in 

August 1980, in response to litigation, 

EPA revised the PSD requirements for 

SIPs in 40 CFR 51.24 (renumbered later 

as 40 CFR 51.166) and the Federal PSD 

regulations in 40 CFR 52.21. See 43 FR 

26380 and 26388 (June 19, 1978), and 45 

FR 52676 (August 7, 1980). At the time 

these revisions were promulgated, 

CNMI had not submitted a SIP, and 

there was no subpart within part 52 

addressing the approval status of CNMI. 

When EPA specified the states which 

did not meet the new PSD requirements, 

CNMI was not listed. See 43 FR 26388, 

at 26410, and 45 FR 52676, at 52741. 

Thus, while the CAA, including the 

PSD requirements in subpart I to part C 

of title I, has applied to sources on 

CNMI since January 9, 1978, EPA’s PSD 

regulations in 40 CFR 52.21 that 

implement the statutory PSD program 

have not been incorporated into the 

applicable plan for CNMI. This has lead 

to uncertainty as to the proper 

application of PSD to new major sources 

or major modifications on CNMI. 

On February 19, 1986, CNMI 

submitted their air pollution control 

regulations, including rules governing 

NSR. Later that year, CNMI revised the 

regulations and re-submitted them on 

February 19, 1987. On November 13, 

1987 (52 FR 43574), EPA approved the 

NSR-related rules as part of the CNMI 

SIP. In taking this action, EPA noted 

that approval of the CNMI rules was not 

to be construed as indicating 

satisfaction of the specific requirements 

for PSD. See 52 FR 43574. 

Since the most recent approval of the 

CNMI SIP in 1987, under CAA sections 

108 and 109, EPA has conducted 

periodic reviews of the NAAQS and has, 

in recent years, established certain new 

or revised NAAQS. As noted above, 

under section 110(a), States must submit 

a plan that provides for implementation, 

maintenance, and enforcement of such 

NAAQS. The CAA directs EPA to make 

findings of failure to submit (such a 

plan or portion of a plan) if a plan or 

portion of a plan is not forthcoming 

from the State. EPA has made such 

findings for certain new or revised 

NAAQS with respect to CNMI. 

In March 2008, EPA published a 

finding of failure to submit with respect 

to the 1997 8-hour ozone NAAQS for a 

number of states, including CNMI. 73 

FR 16205 (March 27, 2008). EPA’s 

March 2008 finding relates to the SIP 

elements listed in CAA section 

110(a)(2), including failure to submit a 

SIP addressing section 110(a)(2)(C) (the 

Part C PSD permit program) for the 1997 

8-hour ozone NAAQS. Later that year, 

we made a similar finding with respect 

to CNMI and the 1997 PM2.5 NAAQS. 73 

FR 62902 (October 22, 2008). In 2010, 

we found that CNMI had failed to 

submit a SIP revision addressing 

interstate transport requirements with 

respect to the 2006 PM2.5 NAAQS. 75 FR 

32673 (June 9, 2010). Under section 

110(a)(2)(D), the SIP submittal 

requirements related to interstate 

transport also implicate PSD. These 

findings of failure to submit created 

two-year deadlines for EPA to 

promulgate FIPs unless, prior to that 

deadline, CNMI makes submissions to 

meet the requirements and EPA 

approves such submissions. See section 

110(c)(1). No submittals have been 

forthcoming from CNMI, and the twoyear FIP deadlines have expired. 

B. EPA’s Evaluation of the CNMI SIP 

and Proposed Action 

The basic purpose of the PSD program 

is to prevent significant deterioration by 

protecting the NAAQS and 

‘‘increments’’ over the baseline 

concentration in areas designated as 

attainment or unclassifiable, through a 

permit program for new major sources 

and major modifications to major 

sources. Requirements for SIPs with 

respect to PSD are found primarily in 40 

CFR 51.166. 

Under 40 CFR 51.166, each state must 

adopt and submit rules that: Establish 

certain ambient air increments and 

ambient air ceilings (40 CFR 51.166(c) 

and (d)); establish certain area 

classifications (i.e., class I, II, or III) and 

restrict certain types of area 

reclassifications (40 CFR 51.166(e) and 

(g)); limit the reliance on stack height in 

determining the degree of emission 

limitation (40 CFR 51.166(h)); provide 

for certain control technology review, 

including the application of best 

available control technology (BACT) for 

each regulated NSR pollutant that a new 

major source or major modification 

would have the potential to emit in 

significant amounts (40 CFR 51.166(j)); 

provide for certain source impact 

analyses (40 CFR 51.166(k)); require use 

of EPA-approved air quality models (40 

CFR 51.166(l)); provide for certain 

preapplication and post-construction air 

quality analyses and monitoring (40 

CFR 51.166(m)); establish certain permit 

application requirements (40 CFR 

51.166(n)); provide for certain 

additional impact analyses (e.g., 

visibility impact analyses) (40 CFR 

51.166(o)); establish certain additional 

requirements for sources impacting 

Federal Class I area (40 CFR 51.166(p)); 

provide for public participation (40 CFR 

51.166(q)); impose certain source 

obligations (40 CFR 51.166(r)); and 

establish provision for plantwide 

applicability limitations (PALs) (40 CFR 

51.166(w)). The PSD SIP requirements 

listed above rely on certain terms, 

including ‘‘major stationary source,’’ 

‘‘major modification,’’ ‘‘net emissions 

increase,’’ and many others, that are 

defined specifically for use in the PSD 

program. See 40 CFR 51.166(b). 

We reviewed the NSR portion of the 

CNMI SIP, which includes Parts V and 

X of the ‘‘CNMI Air Pollution Control 

Regulations’’ that EPA approved on 

November 13, 1987 (52 FR 43574). 

Under Part V of CNMI’s rules, permits 

are required for the construction and 

operation of all new sources or 

modifications of major sources of 

emissions. The NSR rules also provide 

for certain exemptions from the permit 

requirement; provide for certain 

application requirements; establish a 

process for review by the CNMI Division 

of Environmental Quality (DEQ) of 

permit applications; authorize DEQ to 

impose certain types of permit 

conditions and to require applicants to 

conduct certain additional analyses 

(e.g., performance testing); disallow the 

use of dispersion techniques as a form 

of controlling air pollution absent EPA 

exemption; and address administrative 

matters such as permit suspension, 

permit transfer, and permit posting, 

among other such matters. Part X of 

CNMI’s rules provide for public 

participation prior to approval of an 

application for an NSR permit for a 

major source. Under CNMI’s NSR rules, 

DEQ will approve an NSR permit 

application if the applicant can show to 

DEQ’s satisfaction that: (1) The new 

source is designed, built and equipped 

with reasonably available control 

technology (RACT); (2) the new source 

is designed and will be constructed or 

modified to operate without causing a 

violation of the applicable rules and 

regulations; and (3) the new source will 

not endanger the maintenance or 

attainment of the NAAQS or ambient air 

increments as set forth as Maximum 

Allowable Increases for Class II areas for 

sulfur dioxide and particulate matter in 

40 CFR 52.21(c) and (d). 

Our review of the CNMI SIP NSR 

rules reveals that some aspects of the 

PSD program required under 40 CFR 

51.166 are met, such as the 

establishment of certain ambient air 

increments (i.e., increments for sulfur 

dioxide) and ambient air ceilings (i.e., 

the NAAQS) that concentrations of 

pollutants resulting from construction of 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Proposed Rules 70251 

3The Governor of CNMI also requested that EPA 

allow merging of the power plant stacks at a source, 

as a dispersion technique, in order for power plants 

operated by the Commonwealth Utilities 

Corporation (CUC) to meet the NAAQS and PSD 

increments. EPA is not taking action on this 

additional request in this action. 

4The Governor’s October 6, 1998 request states: 

‘‘In 1994, [CNMI] petitioned the [EPA], under 

Section 325(a) of the [CAA] for an exemption from 

Title V which pertains to establishment of an 

operating permit program. A conditional waiver 

was granted on November 13, 1996, . . . . Insofar 

as the CNMI was not covered by the CAA in 1975, 

we believe that the appropriate baseline PSD date 

for major sources should be the effective date of the 

Title V waiver, January 13, 1996. Accordingly, we 

request an amendment to our original 1996 Title V 

waiver clarifying that the major source PSD baseline 

date is the effective date of the waiver.’’ We 

interpret the Governor’s reference to ‘‘January 13, 

1996’’ to be mistaken and that ‘‘January 13, 1997’’ 

was the intended date, since the latter represents 

the effective date of EPA’s final conditional 

exemption published on November 13, 1996. See 61 

FR 58284 (November 13, 1996). 

5CNMI’s 1998 request did not apply to the PM2.5

NAAQS because the increments, major source 

baseline date, and trigger date for PM2.5 were not 

established until 2010. See 75 FR 64864 (October 

20, 2010). If this proposed action is finalized as 

proposed, the major source baseline date and trigger 

date for PM2.5 in CNMI would be October 20, 2010 

and October 20, 2011, respectively, as set forth at 

Continued 

new major sources and major 

modifications may not exceed; 

provisions limiting use of stack height 

and other dispersion techniques; and 

certain provisions for public 

participation (e.g., notice in newspaper 

of general circulation, and 30-day 

comment period). However, CNMI’s 

NSR rules do not meet many other PSD 

requirements, including, e.g., 

establishment of ambient air increments 

for nitrogen dioxide, PM10 and PM2.5; 

provisions requiring application of 

BACT; provisions requiring use of EPAapproved air quality models; and 

provisions allowing establishment of 

PALs. Moreover, many of the definitions 

of NSR-related terms in CNMI’s rules, 

e.g., ‘‘major stationary source’’ and 

‘‘major modification,’’ differ from the 

corresponding definitions in 40 CFR 

51.166(b). Under 40 CFR 51.166(b), 

deviations in the wording relative to the 

definition set forth in the Federal PSD 

regulations will be approved only if the 

State specifically demonstrates that the 

submitted definition is more stringent, 

or at least as stringent, in all respects as 

the corresponding EPA definition. 

Therefore, we propose to disapprove the 

CNMI SIP as not meeting the 

requirements for PSD under part C of 

title I of the CAA and 40 CFR 51.166. 

Based on our determination that the 

current CNMI SIP does not meet the 

requirements for PSD, EPA is also 

proposing to apply the Federal PSD 

program at 40 CFR 52.21 to CNMI, but 

to grant the petition of CNMI for 

exemption from the original major 

source baseline date, as described in the 

following section of this document. EPA 

would administer the PSD program for 

CNMI and would make PSD 

determinations and issue PSD permits 

directly from the EPA Region IX office. 

In the future, if requested, EPA would 

consider delegation of implementation 

authority to CNMI under 40 CFR 

52.21(u). 

Applying the Federal PSD program to 

CNMI would address long-standing 

uncertainties concerning the application 

of PSD to sources on CNMI and would 

fulfill EPA’s more recent obligations to 

promulgate a FIP in the wake of our 

finding of failure by CNMI to submit 

SIPs for new or revised NAAQS in more 

recent years, including the 1997 eighthour ozone standard, the 1997 PM2.5

standard, and the 2006 PM2.5 standard, 

to the extent that the required SIP 

submittals relate to PSD. 

II. Major Source Baseline Date 

A. Background 

Section 325(a)(1) of the CAA 

authorizes EPA, upon petition by the 

Governor of Guam, American Samoa, 

the Virgin Islands, or CNMI, to exempt 

any person or source or class of persons 

in such territory from any requirement 

of the Act other than section 112 

(‘‘Hazardous air pollutants’’) or any 

requirement under section 110 (‘‘[SIPs] 

for [NAAQS]’’) or part D (‘‘[SIP] 

Requirements for Nonattainment 

Areas’’) necessary to attain or maintain 

a NAAQS. An exemption may be 

granted if EPA 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 EPA deems 

significant. 

B. CNMI’s Petition for Change of Major 

Source Baseline Date 

On October 6, 1998, the Honorable 

Pedro P. Tenorio, Governor of CNMI, 

petitioned EPA to establish the effective 

date of EPA’s final conditional 

exemption from title V requirements as 

the major source baseline date.3 See 

letter from Pedro P. Tenorio, Governor, 

to Felicia Marcus, Region IX Regional 

Administrator, October 6, 1998. EPA’s 

final conditional exemption was 

published on November 13, 1996 and 

became effective on January 13, 1997.4

Under the PSD program, the ‘‘major 

source baseline date’’ is the date after 

which actual emissions changes 

associated with modifications (i.e., 

physical changes or changes in the 

method of operation) at a major 

stationary source affect the available 

PSD increment. Other changes in actual 

emissions occurring at any source after 

the major source baseline date do not 

affect the increment, but instead (until 

after the minor source baseline date is 

established) contribute to the baseline 

concentration. The ‘‘trigger date’’ is the 

date after which the minor source 

baseline date may be established. 

Both the major source baseline date 

and the trigger date are fixed dates, 

although the specific dates vary among 

the pollutants for which PSD 

increments have been established: 

Sulfur dioxide and respirable 

particulate matter (PM10), fine 

particulate matter (PM2.5) and nitrogen 

dioxide. Under 40 CFR 52.21(b)(14), the 

major source baseline date for sulfur 

dioxide and PM10 is January 6, 1975, 

and the trigger date for those pollutants 

is August 7, 1977. For nitrogen dioxide, 

both the major source baseline date and 

the trigger date are February 8, 1988. For 

PM2.5, the major source baseline date is 

October 20, 2010, and the trigger date 

for those pollutants is October 20, 2011. 

The ‘‘minor source baseline date’’ is the 

earliest date after the trigger date on 

which a complete PSD application is 

received by the permit reviewing 

agency, and thus is not a fixed date. 

In concept, the ‘‘major source baseline 

date’’ establishes a marker in time to 

track consumption (or expansion) of 

PSD increments due to modifications at 

major sources that occur prior to the 

‘‘minor source baseline date,’’ after 

which all types of emissions increases 

and decreases (including mobile 

sources), i.e., not just those related to 

modifications at major stationary 

sources, consume (or expand) the 

available increment. Moreover, the 

trigger date is the marker in time after 

which the ‘‘minor source baseline date’’ 

can be established, and thus, there is no 

purpose in establishing a ‘‘major source 

baseline date’’ after a ‘‘trigger date.’’ 

The Governor’s request refers only to 

the ‘‘major source baseline date’’ and 

does not refer to the ‘‘trigger date,’’ but 

because, as explained above, granting a 

change to the ‘‘major source baseline 

date’’ without a corresponding change 

to the ‘‘trigger date’’ would be pointless 

given the connection between the two 

terms, we interpret the Governor’s 

request as applying to both terms. Also, 

the Governor’s request was not 

pollutant-specific, but we interpret it to 

refer to all pollutants for which the 

major source baseline date and trigger 

date were established under EPA’s PSD 

regulations at the time of the Governor’s 

1998 petition (i.e., sulfur dioxide, PM10, 

and nitrogen dioxide, but not PM2.5).5


emcdonald on DSK67QTVN1PROD with PROPOSALS
70252 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Proposed Rules 

40 CFR 52.21(b)(14)(i)(c) and 40 CFR 

52.21(b)(14)(ii)(c). 

6As noted in footnote 5 of this document, neither 

the request nor our approval relates to the PM2.5

NAAQS. If this action is finalized as proposed, the 

PM2.5 major source baseline date and trigger date 

would be the dates as provided in 40 CFR 

52.21(b)(14)(i)(c) and (ii)(c). Moreover, any baseline 

dates or trigger dates that EPA establishes for new 

or modified NAAQS in future revisions to the 

Federal PSD regulations would be established in 

those revisions and would not be subject to the 

January 13, 1997 baseline date and trigger date 

proposed for approval herein. 

C. EPA’s Evaluation of CNMI’s Petition 

and Proposed Action 

CNMI has petitioned EPA to exempt 

CNMI from the original PSD major 

source baseline date and to establish 

January 13, 1997 as the PSD major 

source baseline date for CNMI. As 

explained above, changing the major 

source baseline date would also require 

changing the trigger date. Changing the 

major source PSD baseline date (and 

trigger date) will allow existing and 

future sources on CNMI to use more 

increment than would have been the 

case if the original major source baseline 

date applied, but sources will still be 

required to comply with NAAQS limits, 

and with the increment limits 

calculated from the new 1997 PSD 

major source baseline date. 

Leaving the major source PSD 

baseline date unchanged would create a 

unique burden on sources in CNMI. 

Other States and territories were clearly 

included in the scope of the original 

PSD regulations and thus have been 

aware since the late 1970’s of the need 

to quantify major source baseline 

emissions as of the original major source 

baseline date and to track emissions 

changes due to modifications at such 

major sources in order to calculate 

available increment when the minor 

source baseline date is established by 

the first complete PSD application in a 

given area. Because the Federal PSD 

regulations were not previously 

incorporated into the applicable plan for 

CNMI, neither CNMI nor sources on 

CNMI determined the respective 

baseline of source emissions on the 

original PSD major source baseline date, 

or changes to that baseline over time. It 

would create a unique burden if CNMI 

must attempt to reconstruct a complete 

baseline inventory working from the 

original major source baseline dates, 

including sources which may have 

existed in the 1970’s but no longer exist 

today. Applying PSD regulations to 

CNMI with the original major source 

baseline dates would thus create a 

significant burden on new sources and 

regulators attempting to analyze PSD 

increment changes. This constitutes a 

‘‘local factor’’ that is ‘‘significant’’ in 

EPA’s judgment for the purposes of 

CAA section 325(a) because of the 

complications it creates for 

implementation of the PSD program in 

CNMI. 

Moreover, the specific date of January 

13, 1997 as an alternate major source 

baseline date is appropriate given that it 

represents the effective date of EPA’s 

approval of CNMI’s request for a 

conditional exemption from the 

requirement to develop, submit for 

approval, and implement a title V 

operating permit program, given that 

one of the applicable conditions for 

granting the exemption was a 

continuing obligation on CNMI to 

implement its NSR program in such a 

way as to protect the NAAQS and the 

PSD increments. See 40 CFR 69.32(c)(1). 

Prior to this date, EPA had not provided 

clear instructions to CNMI with respect 

to the applicability of the PSD program, 

and correspondingly the need to 

quantify major source baseline 

emissions as of the original major source 

baseline date and to track emissions 

changes due to modifications at such 

major sources in order to calculate 

available increment. 

Lastly, we note that approval of the 

alternate major source baseline date and 

trigger date for CNMI would not be 

expected to have any effect on the PSD 

programs of any other state or territory 

given prevailing easterly winds and the 

location of the nearest state or territory, 

i.e., Guam, which is approximately 110 

miles south of CNMI. 

Therefore, pursuant to section 

325(a)(1) of the CAA, EPA is proposing 

to grant the CNMI Governor’s 1998 

request to establish the effective date of 

EPA’s final conditional exemption from 

title V requirements as the major source 

baseline date. Specifically, in granting 

this request, EPA is proposing to 

establish January 13, 1997 as the PSD 

major source baseline date and trigger 

date (with respect to sulfur dioxide, 

PM10, and nitrogen dioxide) for sources 

in CNMI.6

III. Corrections 

A. Background 

Section 110(k)(6) of the CAA 

provides: ‘‘Whenever [EPA] determines 

that [EPA’s] action approving, 

disapproving, or promulgating any plan 

or plan revision (or part thereof), area 

designation, redesignation, 

classification, or reclassification was in 

error, [EPA] may in the same manner as 

the approval, disapproval, or 

promulgation revise such action as 

appropriate without requiring any 

further submission from the State. Such 

determination and the basis thereof 

shall be provided to the State and 

public.’’ We interpret this provision to 

authorize the Agency to make 

corrections to a promulgated regulation 

when it is shown to our satisfaction that 

(1) we clearly erred in failing to 

consider or inappropriately considering 

information made available to EPA at 

the time of the promulgation, or the 

information made available at the time 

of promulgation is subsequently 

demonstrated to have been clearly 

inadequate, and (2) other information 

persuasively supports a change in the 

regulation. See 57 FR 56762, at 56763 

(November 30, 1992). 

B. Proposed Action 

First, under section 110(k)(6), EPA is 

proposing to amend 40 CFR 52.02 and 

52.16 to include references to CNMI or 

subpart FFF (which lists the applicable 

CNMI plan). EPA should have added 

these references in 1986 when the 

Agency took its first action on the CNMI 

SIP and thereby added subpart FFF to 

part 52, but failed to do so. See 51 

40798, at 40799 (November 10, 1986). 

We propose to add the appropriate 

references through this action. 

Second, under section 110(k)(6), EPA 

is proposing to correct the inadvertent 

listing of the ‘‘Part VIII’’ rules in table 

52.2920 in 40 CFR 52.2920 

(‘‘Identification of plan’’), which sets 

forth EPA-approved regulations in the 

CNMI SIP. Part VIII of CNMI’s air 

pollution control regulations consists of 

general prohibitory rules (that establish 

controls on open and agricultural 

burning, visible emissions, fugitive dust, 

incineration, process industries, and 

sulfur oxides from fuel combustion) and 

variance provisions. EPA has not taken 

action on any of the Part VIII rules and, 

thus, Part VIII should not have been 

listed in table 52.2920 in 40 CFR 

52.2920. The Part VIII rules were 

inadvertently listed when EPA revised 

the format for the CNMI SIP. See 70 FR 

44478, at 44481 (August 3, 2005). EPA 

proposes to correct this error in this 

action. 

Third, pursuant to section 110(k)(6), 

EPA is proposing to remove the words 

(‘‘of lead’’) in 40 CFR 52.2921(c)(1)(i), 

which presents the original 

‘‘Identification of plan’’ prior to EPA’s 

revision of the format for the CNMI SIP 

in 2005. In 1987, in the original 

‘‘Identification of plan’’ section, EPA 

mistakenly included the phrase ‘‘of 

lead’’ in the description of the rules that 

we approved in November 1987. 52 FR 

at 43574, at 43575 (November 13, 1987). 

Both CNMI and EPA have understood 

the 1987 approval to cover the general 

NSR regulations as they apply to all 

criteria air pollutants regulated therein, 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Proposed Rules 70253 

7While EPA is proposing to disapprove the CNMI 

with respect to PSD, such disapproval would not 

affect the validity of any previously approved rules 

in the CNMI SIP. If finalized as proposed, such SIP 

rules would continue to be part of the applicable 

CNMI plan unless and until EPA approves their 

revocation or revision. 

and not just to lead, which was the 

subject of a previous action. See 51 FR 

40798 (November 10, 1986). This 

revision would correct the wording in 

40 CFR 52.2921(c)(1)(i) to match the 

intent of CNMI and EPA that the 

approval was of the generic NSR 

regulations. In addition, the presence of 

the reference to ‘‘of lead’’ in connection 

with EPA’s 1987 SIP approval is 

potentially confusing, and thus, harmful 

to the regulated community, CNMI, and 

EPA. 

IV. Proposed Action and Request for 

Public Comment 

Under section 110(k) of the CAA, EPA 

is proposing to disapprove the CNMI 

SIP with respect to PSD, and 

incorporate by reference the Federal 

PSD regulations into the applicable 

CNMI plan.7 EPA is also proposing to 

approve a petition by CNMI for an 

exemption of the PSD major source 

baseline dates and trigger dates for 

sulfur dioxide, PM10, and nitrogen 

dioxide under Federal PSD regulations, 

and to establish an alternate date, 

January 13, 1997, as the major source 

baseline date and trigger date for those 

pollutants in CNMI. Lastly, in addition 

to proposing conforming amendments to 

40 CFR part 52, subparts A and FFF and 

to 40 CFR part 69, subpart C, EPA is also 

proposing to make certain corrections to 

40 CFR part 52 that were made in 

previous rulemakings. 

If finalized as proposed, this action 

would establish EPA’s PSD regulations 

as a basic element of the applicable 

implementation plan for CNMI and, 

through the exemption, would establish 

a major source baseline date and trigger 

date for sulfur dioxide, PM10, and 

nitrogen dioxide on CNMI of January 13, 

1997. 

EPA is soliciting public comments on 

the issues discussed in this document or 

on other relevant matters. We will 

accept comments from the public on 

this proposal for the next 30 days. 

Request for a public hearing must be 

received within the next 15 days. If we 

receive a request for a public hearing, 

we will publish information related to 

the timing and location of the hearing 

and the timing of a new deadline for 

public comment. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866, Regulatory 

Planning and Review 

This proposed action is not a 

‘‘significant regulatory action’’ under 

the terms of Executive Order (EO) 12866 

(58 FR 51735, October 4, 1993) and is 

therefore not subject to review by the 

Office of Management and Budget 

(OMB). 

B. Paperwork Reduction Act 

This proposed 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 proposed 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 would 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 

would be offset by EPA’s grant of 

CNMI’s petition for a waiver of the 

original PSD major source baseline 

dates. Therefore, I certify that this 

proposed action will not have a 

significant economic impact on a 

substantial number of small entities. 

Moreover, due to the nature of the 

Federal-State relationship under the 

Clean Air Act, preparation of flexibility 

analysis would constitute Federal 

inquiry into the economic 

reasonableness of State action. The 

Clean Air Act forbids EPA to base its 

actions concerning SIPs on such 

grounds. Union Electric Co., v. U.S. 

EPA, 427 U.S. 246, 255–66 (1976); 42 

U.S.C. 7410(a)(2). 

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 costeffective 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 

proposed disapproval of the CNMI SIP 

with respect to PSD, considered together 

with the proposed 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 

would 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 

would be offset by EPA’s grant of 

CNMI’s petition for a waiver of the 

original PSD major source baseline 

dates. Accordingly, the additional costs 

to State, local, or tribal governments, or 

to the private sector, would 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 


emcdonald on DSK67QTVN1PROD with PROPOSALS
70254 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Proposed Rules 

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 proposed 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 proposes to disapprove the 

CNMI SIP with respect to PSD, to 

incorporate the Federal PSD regulations, 

and to grant 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 proposed 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 

proposes to disapprove the CNMI SIP 

with respect to PSD, to incorporate the 

Federal PSD regulations, and to grant 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 proposed 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 proposed 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 (EO) 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 proposed 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 

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 proposed 

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 proposed 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. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

40 CFR Part 69 

Environmental protection, Air 

pollution control. 

Dated: October 30, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, Title 40, Chapter I of the Code 

of Federal Regulations is proposed to be 

amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart A—General Provisions 

§ 52.02 [Amended] 

■ 2. Section 52.02 is amended by: 

■ a. Revising paragraph (d) introductory 

text by adding ‘‘and FFF’’ after ‘‘DDD’’; 

and 

■ b. Revising paragraph (d)(2)(ix) by 

adding ‘‘Commonwealth of the Northern 

Mariana Islands,’’ after ‘‘American 

Samoa,’’. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Proposed Rules 70255 

§ 52.16 [Amended] 

■ 3. Amend § 52.16 in paragraph (b)(9) 

by adding ‘‘Commonwealth of the 

Northern Mariana Islands,’’ after 

‘‘American Samoa,’’. 

§ 52.21 [Amended] 

■ 4. Amend § 52.21 in paragraph (a)(1) 

by adding ‘‘and FFF’’ after ‘‘DDD’’ two 

times. 

Subpart FFF—Commonwealth of the 

Northern Mariana Islands 

§ 52.2920 [Amended] 

■ 5. In § 52.2920, amend the table in 

paragraph (c), 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.’’ 

§ 52.2921 [Amended] 

■ 6. Amend § 52.2921 in paragraph 

(c)(1)(i)(A) by removing ‘‘of lead’’ after 

‘‘major sources’’. 

■ 7. Section 52.2922 is added to read as 

follows: 

§ 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 § 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 § 52.21 within the 

Commonwealth of the Northern Mariana 

Islands, the term ‘‘major source baseline 

date’’ and ‘‘trigger date’’ means January 

13, 1997 in the case of sulfur dioxide, 

PM10, and nitrogen dioxide. 

PART 69—SPECIAL EXEMPTIONS 

FROM REQUIREMENTS OF THE 

CLEAN AIR ACT 

■ 8. 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 C—Commonwealth of the 

Northern Mariana Islands 

■ 9 Section 69.31 is added to read as 

follows: 

§ 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 

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. 2013–27155 Filed 11–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2013–0571; FRL–9903– 

07–Region 3] 

West Virginia: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: West Virginia has applied to 

EPA for final authorization of revisions 

to its hazardous waste program under 

the Resource Conservation and 

Recovery Act (RCRA). EPA proposes to 

grant final authorization to West 

Virginia. In the ‘‘Rules and Regulations’’ 

section of this Federal Register, EPA is 

authorizing the revisions by an 

immediate final rule. EPA did not make 

a proposal prior to the immediate final 

rule because we believe this action is 

not controversial and do not expect 

comments that oppose it. We have 

explained the reasons for this 

authorization in the preamble to the 

immediate final rule. Unless we receive 

written comments that oppose this 

authorization during the comment 

period, the immediate final rule will 

become effective on the date it 

establishes, and we will not take further 

action on this proposal. However, if we 

receive comments that oppose this 

action, or portions thereof, we will 

withdraw the relevant portions of the 

immediate final rule, and they will not 

take effect. We will then respond to 

public comments in a later final rule 

based on this proposal. You may not 

have another opportunity for comment. 

If you want to comment on this action, 

you must do so at this time. 

DATES: Send your written comments by 

December 26, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

RCRA–2013–0571, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: pratt.stacie@epa.gov. 

3. Mail: Stacie Pratt, Mailcode 3LC50, 

Office of State Programs, U.S. EPA 

Region III, 1650 Arch Street, 

Philadelphia, PA 19103–2029. 

4. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

For further information on how to 

submit comments, please see today’s 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Stacie Pratt, Mailcode 3LC50, Office of 

State Programs, U.S. EPA Region III, 

1650 Arch Street, Philadelphia, PA 

19103–2029, Phone Number: (215) 814– 

5173; email address: 

pratt.stacie@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

Dated: November 1, 2013. 

Shawn M. Garvin, 

Regional Administrator, EPA Region III. 

[FR Doc. 2013–28150 Filed 11–22–13; 8:45 am] 

BILLING CODE 6560–50–P 


emcdonald on DSK67QTVN1PROD with PROPOSALS