Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8547 

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. 

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 quasiregulatory 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 quasiregulatory 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 quasiregulatory 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 

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8548 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 

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 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart AAA—Guam 

■ 2. Section 52.2670 is amended by 

adding paragraph (e) to read as follows: 

§ 52.2670 Identification of plan. 

* * * * * 

(e) EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures. 

EPA APPROVED GUAM NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision Applicable geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Explanation 

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 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Section II: Introduction ............ State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Section III: Legal authority ...... State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Section IV: Ambient air quality 

standards and air pollution 

control regulations.

State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. This 

is a 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 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Section VI: Air quality data ...... State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Section VII: Classification of 

Region.

State-wide ............................... 1/25/1972 5/31/1972, 37 FR 10842 ......... Included as part of the original 

SIP. See 40 CFR 

52.2673(b). 

Section VIII: Control Strategy 

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Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8549 

EPA APPROVED GUAM NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued 

Name of SIP provision Applicable geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Explanation 

Subsection A (Control 

Strategy for Sulfur Oxides).

State-wide ............................... 1/25/1972 5/31/1972, 37 FR 10842 ......... Included as part of the original 

SIP. See 40 CFR 

52.2673(b). 

Territory of Guam NAP for 

SO2.

Piti Nonattainment Area .......... 6/30/1982 5/15/1984, 49 FR 20495 ......... Narrative and 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 

Strategy for Particulate 

Matter).

State-wide ............................... 1/25/1972 5/31/1972, 37 FR 10842 ......... Included as part of the original 

SIP. 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 Pollutants—Carbon Monoxide, Hydrocarbons, 

Photochemical 

Oxidants, and Nitrogen 

Dioxide).

State-wide ............................... 8/14/1973 12/19/1978, 43 FR 59066 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Letter from Paul H. Calvo, 

Guam EPA, to Kathleen 

M. Bennett, EPA, dated 

November 24, 1982.

State-wide ............................... 11/24/1982 8/14/1985 50 FR 32697 .......... Negative declaration indicating 

no Lead Sources in Guam. 

See 40 CFR 52.2673(c)(6). 

Section IX: Complex sources .. State-wide ............................... 8/14/1973 2/25/1974, 39 FR 7285 ........... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Section X: Air quality surveillance network.State-wide ............................... 5/22/1984 1/22/1985, 50 FR 2820 ........... Superseded previous version 

of Section 10 approved at 

October 19, 1978 (43 FR 

48638). See 40 CFR 

52.2673(c)(5). 

Section XI: Emergency Episode System.State-wide ............................... 1/25/1972 5/31/1972, 37 FR 10842 ......... Included as part of the original 

SIP. See 40 CFR 

52.2673(b). 

Section XI: Source surveillance 

system.

State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Section XIII: Review of New 

Source and Modifications.

State-wide ............................... 1/25/1972 5/31/1972, 37 FR 10842 ......... Included as part of the original 

SIP. See 40 CFR 

52.2673(b). 

Section XIII: Compliance 

Schedule.

State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Section XV. Resources ........... State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Section XVI: Intergovernmental 

cooperation.

State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Appendix A: Notice and minutes of public hearing.State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Appendix C: Public Law 11– 

191.

State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. Enacted on December 7, 

1972. Titled, ‘‘Guam Environmental Protection Agency Act.’’ See 40 CFR 

52.2673(c)(1). 

Appendix F: Summary of air 

quality data.

State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Appendix G: Steam power 

plant parameters.

State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

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8550 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 

EPA APPROVED GUAM NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued 

Name of SIP provision Applicable geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Explanation 

Appendix H: Diffusion model 

computer printout.

State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Appendix J: Minutes and letters of public hearing on 

compliance schedules.

State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

Appendix K: Inventory data for 

1973.

State-wide ............................... 8/14/1973 10/19/1978, 43 FR 48638 ....... Revision to original SIP. See 

40 CFR 52.2673(c)(1). 

[FR Doc. 2015–03178 Filed 2–17–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2010–0406; FRL–9922–80– 

OAR] 

Approval and Promulgation of 

Implementation Plans; North Dakota; 

Regional Haze State Implementation 

Plan; Federal Implementation Plan for 

Interstate Transport of Pollution 

Affecting Visibility and Regional Haze; 

Reconsideration 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of final action on 

reconsideration. 

SUMMARY: On April 6, 2012, 

Environmental Protection Agency (EPA) 

published a final rule partially 

approving and partially disapproving a 

North Dakota State Implementation Plan 

(SIP) submittal addressing regional haze 

submitted by the Governor of North 

Dakota on March 3, 2010, along with 

North Dakota’s SIP Supplement No. 1 

submitted on July 27, 2010, and SIP 

Amendment No. 1 submitted on July 28, 

2011. The Administrator subsequently 

received a petition requesting EPA to 

reconsider its approval of certain 

elements of North Dakota’s regional 

haze SIP. Specifically, the petition 

raised several objections to EPA’s 

approval of the State’s best available 

retrofit technology (BART) emission 

limits for nitrogen oxides (NOX) for 

Milton R. Young Station (MRYS) Units 

1 and 2 and Leland Olds Station (LOS) 

Unit 2. On March 15, 2013, EPA 

announced its decision to reconsider its 

approval of the State’s NOX BART limits 

for these facilities. In the same action, 

EPA proposed to affirm its prior 

approval of these elements of North 

Dakota’s SIP. As a result of this 

reconsideration process, EPA has 

concluded that no changes are 

warranted to its 2012 approval of the 

NOX BART limits for these units. 

DATES: This final action is effective 

March 20, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2010–0406. All 

documents in the docket are listed in 

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

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard-copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop St., Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: Gail 

Fallon, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado, 

80202–1129, (303) 312–6281, 

Fallon.Gail@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Today’s Action 

A. Issue for Which Reconsideration Was 

Granted 

B. Basis for Today’s Final Action 

III. Issues Raised by Commenters and EPA’s 

Responses 

A. Comments on Technical Feasibility of 

SCR 

B. Comments on Emission Limits for SNCR 

C. Comments on Application of MRYS 

BACT Court Ruling to Other Units 

1. Application of MRYS BACT to LOS Unit 

2 

2. Application of MRYS BACT to Coyote 

D. Comments on Visibility Benefits 

E. Comments on Legal Issues 

1. BACT versus BART Determinations 

2. Consideration of the Presumptive NOX

BART Emissions Limit 

3. Collateral Estoppel 

4. EPA versus State Authority 

5. Scope of Reconsideration Action 

F. Comments Generally in Favor of Our 

Proposal 

G. Comments Generally Against Our 

Proposal 

IV. Statutory and Executive Order Reviews 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

• The word Act or initials CAA mean 

or refer to the Clean Air Act, unless the 

context indicates otherwise. 

• The initials ASOFA mean or refer to 

advanced separated overfire air. 

• The initials BACT mean or refer to 

best available control technology. 

• The initials BART mean or refer to 

best available retrofit technology. 

• The initials EPA or the words we, 

us or our mean or refer to the United 

States Environmental Protection 

Agency. 

• The initials FIP mean or refer to 

Federal Implementation Plan. 

• The initials LOS mean or refer to 

Leland Olds Station. 

• The initials MRYS mean or refer to 

Milton R. Young Station. 

• The initials NDDH mean or refer to 

the North Dakota Department of Health. 

• The words North Dakota and State 

mean the State of North Dakota unless 

the context indicates otherwise. 

• The initials NOX mean or refer to 

nitrogen oxides. 

• The initials NPS mean or refer to 

the National Park Service. 

• The initials NSR mean or refer to 

new source review. 

• The initials PRB mean or refer to 

the Powder River Basin. 

• The initials PSD mean or refer to 

prevention of signification deterioration. 

• The initials SCR mean or refer to 

selective catalytic reduction. 

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