27708 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 

opportunities to dispute the debt, enter 

into a repayment agreement or 

otherwise avoid offset. This requirement 

applies even in a case where notice was 

sent prior to the debt becoming ten 

years delinquent. This requirement 

applies only with respect to debts that 

were previously ineligible for collection 

by offset because of the time limitation. 

This requirement does not apply to 

debts, such as Department of Education 

student loan debts, that could be 

collected by offset without regard to any 

time limitation prior to this statutory 

change. 

II. Procedural Analyses 

Administrative Procedures Act 

This rule is being issued without prior 

public notice and comment because the 

changes to the rule are being made to 

conform to statutory requirements. 

Under 5 U.S.C. 553(b) and (d)(3), good 

cause exists to determine that notice 

and comment rulemaking is 

unnecessary and contrary to the public 

interest. The amendments made by this 

rule merely mirror amendments already 

enacted into law. Further delay in 

making these amendments would create 

an inconsistency between the law and 

the regulations and would cause 

confusion. 

Request for Comment on Plain Language 

Executive Order 12866 requires each 

agency in the Executive branch to write 

regulations that are simple and easy to 

understand. We invite comment on how 

to make the proposed rule clearer. For 

example, you may wish to discuss: (1) 

Whether we have organized the material 

to suit your needs; (2) whether the 

requirements of the rules are clear; or (3) 

whether there is something else we 

could do to make these rules easier to 

understand. 

Regulatory Planning and Review 

The final rule does not meet the 

criteria for a ‘‘significant regulatory 

action’’ as defined in Executive Order 

12866. Therefore, the regulatory review 

procedures contained therein do not 

apply. 

Regulatory Flexibility Act Analysis 

Because no notice of rulemaking is 

required, the provisions of the 

Regulatory Flexibility Act (5 U.S.C. et 

seq.) do not apply. 

List of Subjects in 31 CFR Part 285 

Administrative practice and 

procedure, Child support, Child welfare, 

Claims, Credits, Debts, Disability 

benefits, Federal employees, 

Garnishment of wages, Hearing and 

appeal procedures, Loan programs, 

Privacy, Railroad retirement, Railroad 

unemployment insurance, Salaries, 

Social Security benefits, Supplemental 

Security Income (SSI), Taxes, Veteran’s 

benefits, Wages. 

■ For the reasons set forth in the 

preamble, we are amending 31 CFR part 

285 as follows: 

PART 285—DEBT COLLECTION 

AUTHORITIES UNDER THE DEBT 

COLLECTION IMPROVEMENT ACT OF 

1996 

■ 1. The authority citation for part 285 

continues to read as follows: 

Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; 

31 U.S.C. 321, 3701, 3711, 3716, 3719, 

3720A, 3720B, 3720D; 42 U.S.C. 664; E.O. 

13019, 61 FR 51763, 3 CFR, 1996 Comp., p. 

216. 

■ 2. In § 285.5: 

■ a. Remove paragraph (d)(3)(i)(C); 

■ b. Redesignate paragraphs (d)(3)(i)(D) 

and (d)(3)(i)(E) as paragraphs (d)(3)(i)(C) 

and (d)(3)(i)(D) respectively. 

■ c. Redesignate paragraphs (d)(6)(iii), 

(d)(6)(iv) and (d)(6)(v) as paragraphs 

(d)(6)(iv), (d)(6)(v) and (d)(6)(vi) 

respectively. 

■ d. Add paragraphs (d)(3)(v) and 

(d)(6)(iii) as follows: 

§ 285.5 Centralized offset of Federal 

payments to collect nontax debt owed to 

the United States. 

* * * * * 

(d) * * * 

(3) * * * 

(v) Creditor agencies may submit 

nontax debts to FMS for collection by 

centralized offset irrespective of the 

amount of time the debt has been 

outstanding. Accordingly, all nontax 

debts, including debts that were 

outstanding for ten years or longer prior 

to June 11, 2009 may be collected by 

centralized offset. 

* * * * * 

(6) * * * 

(iii) For debts outstanding more than 

ten years on or before June 11, 2009, the 

notice of intent to offset described in 

paragraph (d)(6)(ii)(A) of this section 

was sent to the debtor after the debt was 

outstanding for more than ten years, and 

that the debtor was afforded the rights 

described in paragraphs (d)(6)(ii)(B) 

through (E). This requirement will apply 

even in a case where notice was also 

sent prior to the debt being outstanding 

for ten years but does not apply to any 

debt that could be collected by offset 

without regard to any time limitation 

prior to June 11, 2009. 

■ 3. In § 285.7: 

■ a. Remove paragraph (d)(3)(ii); 

■ b. Redesignate paragraphs (d)(3)(iii) 

through (d)(3)(iv) as paragraphs (d)(3)(ii) 

through (d)(3)(iii) respectively . 

■ c. In paragraph (d)(4), revise all 

references to ‘‘paragraph (d)(3)(iv)’’ to 

read ‘‘paragraph (d)(3)(iii)’’. 

■ d. Add paragraphs (d)(6) and (d)(7) as 

follows: 

§ 285.7 Salary offset. 

* * * * * 

(d) * * * 

(6) Creditor agencies may submit 

nontax debts to FMS for collection by 

centralized salary offset irrespective of 

the amount of time the debt has been 

outstanding. Accordingly, all nontax 

debts, including debts that were 

outstanding for ten years or longer prior 

to June 11, 2009, may be collected by 

centralized salary offset. 

(7) For debts that were outstanding 

more than ten years on or before June 

11, 2009, creditor agencies must certify 

to FMS that the notice described in 

paragraph (d)(3)(ii) of this section was 

sent to the debtor after the debt was 

outstanding for ten years. This 

requirement will apply even in a case 

where notice was also sent prior to the 

debt being outstanding for ten years but 

does not apply to any debt that could be 

collected by offset without regard to any 

time limitation prior to June 11, 2009. 

* * * * * 

Dated: May 29, 2009. 

Gary Grippo, 

Acting Fiscal Assistant Secretary. 

[FR Doc. E9–13617 Filed 6–10–09; 8:45 am] 

BILLING CODE 4810–35–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0323; FRL–8915–8] 

Approval and Promulgation of 

Implementation Plans; Hawaii 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: Under the Clean Air Act, EPA 

is completing the process begun in 2005 

to revise the format of the 

‘‘identification of plan’’ section for the 

Hawaii State Implementation Plan (SIP). 

Specifically, EPA is adding the nonregulatory provisions and quasiregulatory measures to the revised 

‘‘identification of plan’’ section. The 

non-regulatory provisions and quasiregulatory measures affected by this 

format revision have been previously 


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Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 27709 

submitted by the State of Hawaii and 

approved by EPA. 

DATES: Effective Date: This rule is 

effective on June 11, 2009. 

ADDRESSES: Non-regulatory and quasiregulatory SIP materials are available for 

inspection at Air Division, EPA Region 

IX, 75 Hawthorne Street, San Francisco, 

CA 94105–3901 and online at EPA 

Region IX’s Web site. 

FOR FURTHER INFORMATION CONTACT: 

Ginger Vagenas, Planning Office (AIR– 

2), U.S. Environmental Protection 

Agency, Region IX, (415) 942–3964, 

vagendas@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to 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 EPA as SIP revisions on 

which EPA must formally act. 

The SIP is a living document that can 

be revised by the state as necessary to 

address the unique air pollution 

problems in the state. Therefore, EPA 

from time to time must take action on 

SIP revisions which may contain new 

and/or revised regulations as being part 

of the SIP. On May 31, 1972 (37 FR 

10842), 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. 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 

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 EPA action 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), EPA established 

a new format for the ‘‘identification of 

plan’’ sections assigned to each subpart 

in 40 CFR part 52 (except A and EEE). 

With the new format, revised 

‘‘identification of plan’’ sections contain 

five subsections: (a) Purpose and scope, 

(b) Incorporation by reference, (c) EPA 

approved regulations, (d) EPA approved 

source specific permits, and (e) EPA 

approved nonregulatory provisions and 

quasi-regulatory measures. 

‘‘Nonregulatory provisions and quasiregulatory 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 EPA would begin to 

phase-in the new format on a state-bystate basis. Please see our May 1997 rule 

for more information concerning the 

revised format for SIPs. 

The Hawaii SIP is identified in 

subpart M (‘‘Hawaii’’) of part 52. As 

with other State SIPs, EPA has taken a 

number of actions since 1972 with 

respect to the Hawaii SIP. In 2005, we 

revised the format of the ‘‘identification 

of plan’’ section in subpart M in 

accordance with the revised format 

described above. See 70 FR 44852 

(August 4, 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 Hawaii SIP, but 

we are doing so in today’s action. 

II. Public Comments 

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 Hawaii 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 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 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 


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27710 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 

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. The 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.). EPA’s compliance 

with these statutes and Executive 

Orders for the underlying measures is 

discussed in previous actions taken on 

the State’s measures. 

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 

interest. 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, EPA has made such a good 

cause finding, including the reasons 

therefore, and established an effective 

date of June 11, 2009. EPA will submit 

a report containing this rule 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). 

EPA has also determined that the 

provision 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 

Hawaii 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, 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 52.620 for Hawaii. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: May 28, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart M—Hawaii 

■ 2. Section 52.620 is amended by 

adding paragraph (e) to read as follows: 

§ 52.620 Identification of plan. 

* * * * * 

(e) EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures. 

EPA APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision 

Applicable geographic or nonattainment area 

State submittal date EPA approval 

date Explanation 

State of Hawaii Air Pollution Control Strategy Plan 

Section I—Introduction ................... State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Section III—Legal Authority: 

Section III—Legal Authority .... State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Excluding Air Pollution Control Law, Hawaii Revised 

Statutes, Chapter 322, Part V, Sections 322–64(5) 

and 322–66 [see 39 FR 34533 (September 26, 

1974)] and Section 322–68 [see 74 FR 11037 

(March 16, 2009)]. 

Letter from the Governor concerning legal authority and 

enclosure (Act 100, Relating 

to Ecology Environment and 

Recreation, approved by the 

Governor on May 22, 1972).

State-wide .......... 06/15/72 11/08/73, 38 FR 

30876.

Excluding Section 7—Variances of Act 100. See 74 

FR 11037 (March 16, 2009). 

Sections V and VI: 

Section V—Air Quality Data 

Summary.

State-wide .......... 08/15/73 06/25/74, 39 FR 

22946.

Section VI—Emission Inventory Summary.State-wide .......... 08/15/73 06/25/74, 39 FR 

22946.

Section VII—Control Strategy Development: 

Subsection 1. Particulate Matter.State-wide .......... 04/25/74 03/02/76, 41 FR 

8956.

Excluding subsection entitled, ‘‘Control Strategy to 

Meet State Standards.’’ See State submittals 

dated May 8, 1972 and May 22, 1972, approved 

at 37 FR 15080 (July 27, 1972), and 40 CFR 

52.623. 

PM10 Control Measures/NSR 

Procedures.

State-wide .......... 09/14/88 07/09/04, 69 FR 

41431.


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Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 27711 

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

Name of SIP provision 

Applicable geographic or nonattainment area 

State submittal date EPA approval 

date Explanation 

Subsection 2. Sulfur Oxides ... State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Excluding subsection entitled, ‘‘Control Strategy to 

Meet State Standards.’’ See State submittals 

dated May 8, 1972 and May 22, 1972, approved 

at 37 FR 15080 (July 27, 1972), and 40 CFR 

52.623. 

Subsection 3. Carbon Monoxide.State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Excluding subsection entitled, ‘‘Control Strategy to 

Meet State Standards.’’ See State submittals 

dated May 8, 1972 and May 22, 1972, approved 

at 37 FR 15080 (July 27, 1972), and 40 CFR 

52.623. 

Subsection 4. Nitrogen Dioxide.State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Excluding subsection entitled, ‘‘Control Strategy to 

Meet State Standards.’’ See State submittals 

dated May 8, 1972 and May 22, 1972, approved 

at 37 FR 15080 (July 27, 1972), and 40 CFR 

52.623. 

Subsection 5. Photochemical 

Oxidants.

State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Excluding subsection entitled, ‘‘Control Strategy to 

Meet State Standards.’’ See State submittals 

dated May 8, 1972 and May 22, 1972, approved 

at 37 FR 15080 (July 27, 1972), and 40 CFR 

52.623. 

Sections VIII through XI:.

Section VIII—Prevention of 

Emergency Episodes.

State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Excluding subsection entitled, ‘‘State Plan.’’ See 

State submittals dated May 8, 1972 and May 22, 

1972, approved at 37 FR 15080 (July 27, 1972), 

and 40 CFR 52.623. 

Section IX—Compliance 

Schedule.

State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Section X—Source Surveillance System.State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Section XI—Permit and Registration System.State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Section XII—Air Quality Surveillance Network: 

Section XII—Air Quality Surveillance Network.State-wide .......... 08/21/80 08/10/81, 46 FR 

40512.

Air Quality Surveillance Network, SIP Amendment— 

PM10.

State-wide .......... 09/14/88 07/09/04, 69 FR 

41431.

Sections XIII and XIV: 

Section XIII—Intergovernmental Cooperation.State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Section XIV—Resources ........ State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

State of Hawaii Air Pollution Control Implementation Plan for Lead 

State of Hawaii Air Pollution Control Implementation Plan for 

Lead.

State-wide .......... 10/29/82 08/18/83, 48 FR 

37402.

Excluding section II (‘‘Notice of Public Hearing’’); 

Hawaii Statute on Environmental Quality, Chapter 

342, Hawaii Revised Statutes, section 342–7 [see 

74 FR 11037 (March 16, 2009)]; and section IV 

(‘‘Control Regulations’’). 

[FR Doc. E9–13590 Filed 6–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2008–0831–200825(a); 

FRL–8915–7] 

Approval and Promulgation of 

Implementation Plans Georgia: State 

Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the State 

Implementation Plan (SIP) revision 

submitted by the Georgia Department of 

Natural Resources (DNR), through the 

Georgia Environmental Protection 

Division (EPD), on June 25, 2008. The 

revisions include modifications to 

Georgia’s Air Quality Rules found at 

Chapters 391–3–1–.01, and 391–3–1– 

.02, pertaining to ‘‘Definitions,’’ and 

‘‘Emission Limitations and Standards,’’ 

respectively. This action is being taken 


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