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Current through PL 113-31, approved 8/9/13 ***

TITLE 48. TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 8A. GUAM

GENERAL PROVISIONS

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48 USCS S 1421q-1

S 1421q-l. Applicability of laws referred to in § 502 of Covenant to Establish

a Commonwealth of the Northern Mariana Islands in Political Union with the

United States of America to Guam

Effective on the date when section 502 of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union With the United

States of America, approved by joint resolution approved on March 24, 1976 (90

Stat. 263) [48 USCS § 1801 note] goes into force those laws which are referred

to in section 502(a) (1) of said Covenant [48 USCS S 1801 note] except for any

laws administered by the Social Security Administration, except for medicaid

which is now administered by the Centers for Medicare & Medicaid Services, and

except the Micronesian Claims Act of 1971 (85 Stat. 96) [former 50 USC Appx §5

2018 et seq.] shall be applicable to the territories of Guam and the Virgin

Islands on the same terms and conditions as such laws are applied to the

Northern Mariana Islands.

HISTORY:

(Oct. 15, 1977, P.L. 95-134, Title IV, § 403, 91 Stat. 1163; Oct. 15, 1977,

P.L. 95-135, § 1, 91 Stat. 1166; Dec. 8, 2003, P.L. 108-173, Title IX, §

900(e) (7), 117 Stat. 2374.)

HISTORY; ANCILLARY LAWS AND DIRECTIVES

References in text:

The effective date of section 502 of the Covenant to Establish a Commonwealth

of the Northern Mariana Islands was Jan. 9, 1978, pursuant to Presidential

Proclamation No. 5434 of Oct. 24, 1977, which appears as 48 USCS § 1801 note.

The laws relating to Medicaid appear generally as 42 USCS §5 1396a et seq.
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48 USCS § 1421q-l

Explanatory notes:

Act Oct. 15, 1977, P.L. 95-134, Title IV, § 403, is also classified to 48

USCS § 1574-1.

Amendments:

1977. Act Oct. 15, 1977 substituted this section for one which read:

“Effective on the date of enactment of this Act, those laws, except for any

laws administered by the Social Security Administration and except for medicaid

which is now administered by the Health Care Financing Administration, which are

referred to in section 502(a) (1) (except for the reference to the Micronesian

Claims Act of 1971 (85 Stat. 96)) of the Covenant to Establish a Commonwealth of

the Northern Mariana Islands in Political Union With the United States of

America, approved by joint resolution approved on March 24, 1976 (90 Stat. 263),

and 502(a) (2) of said Covenant shall be applicable to the territories of Guam

and the Virgin Islands on the same terms and conditions as such laws are applied

to the Commonwealth of the Northern Mariana Islands.”.

2003. Act Dec. 8, 2003, substituted “Centers for Medicare & Medicaid Services”

for “Health Care Financing Administration”.

Other provisions:

Effective date of Oct. 15, 1977 amendment. Act Oct. 15, 1977, P.L. 95-135, §

2, 91 Stat. 1166, provided: “This amendatory joint resolution [amending this

section] shall be effective as of the approval of said Act entitled ‘To

authorize certain appropriations for the territories of the United States, to

amend certain Acts relating thereto, and for other purposes’ (enrolled bill H.R.

6550, Ninety-fifth Congress, first session) [Act Oct. 15, 1977, P.L. 95-134, 91

Stat. 1159]

NOTES:

Related Statutes & Rules:

Northern Mariana Islands, 48 USCS §. 1801 et seq.

This section is referred to in 48 USCS § 1841.
JAMES B. BRANCH - FYI ONLY •

(ommoukucattli 1tiIitie Corporation

O.iiUice of tljeltxe.cutiW iit’ector

lower 3at 4t0. $ox 1220

*iipimn, flIj) 06030

4 OCr I9rJ*

Se?tnbcr 28, 1990 Received at DEQ Office

RECEIVFDO S OCT1990

Kr. Vicente C. Alden 0

?ctinq Administrator

C035ts4 Resources Man?gnent Program

ww3fltt of the Northern Marlana Islands ‘

Office of the Governor

Prn 505, 5th Floor, Nauru Bldg.

satpan, KP 96950

Dcar Kr. Alden:

We have received a copy of the Coastal Permit Decision, SPI-90-.X-95 for

the Phase II Expansion of the Saipan Pcser Pl4nt (ran Mitsubishi

Oorration. We have taken exception to the Maendum’s Condition N. We

are pøtitioning the Coastal Resources Managenent (ORN) to amend the

M&mctjm to the CR14 Fermit and delete Condition N.

The o-einonwe4th of the Northern Martens Islands (CNMX) and the

rwcalth Utilities Corporation (CliC) have collectively, tSen a

posftion that 40 CFR Section 52.2]., prattulgat&1 pursuant to the ole-an ir

Act (42 USC Section 7401 et seq.), does not aly in the C3’U’C.

Betton 52.?3. Qf 4Q cn relates to Prevention : signiticant Deterioration

(PSI)) of air quality. Under the Clean Mr Act, each U.S. jurisdiction flS

re’ju 1red to sutnit, for EPA approval, a state Thplqtientation Plan (SIP)

lY?wmting the provisions of the Clean Air Act and reulatjcns. sectinn

52.21 of 40 CFR provides that:

The provisions of this section axe eptlic4Me to any State

Thplentation Plan which has been disapproved with respect to

prevention of sSgnifioant deterloraton ct air quality.....The

provisions of this section have been incortorated by rererence bto

the applicable implatentatton plans for V4ri,ous States, as provideS In

Sutçarts B through PLc of this part....

The SIP sutinitted by the QC is not covered by &tiparta B through D1).

The CflÜ SIP is covered in SiStpart FE?, ‘not i Sut.çarts B throi.qt DCP.

on the clear wording of section 52.21, he provisions of the stct4on

have not been incoz-porate4 into the OHT’s SIP.

Suzt VIP contains no language disapproving any part of the CZNMI’s SIP.

¶lThnre is no statanent that the EPA retains permi t authority in respect to

the PSi). The EPA made such statanenta in respect to the SIP’s of other

st.tg and territories. The absence of any si4cb reservation of authority

in rerzpect to the Qt’s SIP is significant.

The ØThfI SIP was subn.itted to EPA in 1983. The EPA reviewed the plan,

5—’31a PRI 11 :a Pci2

ød cli Q)nsisted of the OtCE Mr Pollution ConiIoi Regu]ntons. The EPA iii

an vnd3t-ed lettez fran Mr. Nonrian tcnelsea re&rinended certain changes,

jncqu4 ng the deletion of the entire provision covering PSD. The Ox

rejul aticris were a4opted incorporating the chqcs reccnnended by EPA am

si.iti;itte$ to EPA on February 1*, 1987.

In w;iinary, the provisions of 40 CER Section 52.2], are not applicable to

the CR11. The (fl41 does not have any re]ulatijons covering 1St).

Therefore, the is no PSI) permitting requiranents for Efl to enforce.

COO is not in vic1at1o of the CR41 SIP since the SIP does not contain any

provisions relating to P9D, and the federal Pat) roiilationg have not -en

nae psrt of the CR4! SIP.

The rsition that PSD is not açlicab1e to the CRC was sulrznitted to U.fl.

EVA Reqi.on 9 on Atk?ust 7, 1990 by CUC and dUct ‘a Asflstant Attorney

G4E-mc:nt, Mr. John Cool. A copy of the letter is enclosed for your

raferiinc-e.

Thav,lc you for your understanding and ssistanêe.

Sf nc-erely,

(E) fl

t!cl

Ecutjve birec 7r

cc: Goverra

John Cool, P0

tajat Counsel

Erwironniental Planner

special Advisor

u2’fl3 I Roe, Galpan

Burns & Poe, LA