Special Exemptions From Requirements of the Clean Air Act for the Territory of Guam

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 69

[FRL-5878-6]

Special Exemptions From Requirements of the Clean Air Act for the

Territory of Guam

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On February 11, 1997, the Governor of Guam submitted a

petition (``Petition'') to the Administrator of EPA seeking a waiver of

certain Clean Air Act (``CAA'') requirements which apply to two

baseload diesel electric generators to be located at the Piti Power

Plant on Guam. The Petition was submitted pursuant to Section 325(a) of

the CAA. The waiver will help to ease a serious and ongoing energy

emergency on Guam. Based upon the information in the Petition, EPA

proposed to grant the waiver requested on June 30, 1997. 62 FR 35113.

EPA received no comments on its proposal.

EFFECTIVE DATE: August 15, 1997.

FOR FURTHER INFORMATION CONTACT: Norman Lovelace, Chief, Insular Area

Program, Cross Media Division (CMD-5), U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, California

94105. Telephone: (415) 744-1599.

SUPPLEMENTARY INFORMATION:

Background

Via a letter dated February 11, 1997, Governor Gutierrez of Guam

submitted a petition (``Petition'') to the Administrator of EPA. The

Petition seeks a waiver of certain Clean Air Act (``CAA'') requirements

for the construction of two 45 megawatt baseload slow speed diesel

electric generators and associated waste heat recovery boilers with a

steam generator. These units will be part of the Piti Power Plant. The

units will be designated as Piti Units No. 8 and No. 9. Based upon the

information in the Petition, EPA proposed to grant the waiver requested

on June 30, 1997. 62 FR 35113.

The waiver application seeks to allow construction of Piti Units

No. 8 and No. 9 prior to receipt of a Prevention of Significant

Deterioration (``PSD'') permit. Neither of these Piti Units will

operate prior to receipt of a final PSD permit.

EPA received no comments regarding its proposal to grant the

waiver. Therefore, EPA is issuing the waiver as proposed.

[[Page 44416]]

Regulatory Analysis

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a Regulatory Flexibility Analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify 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 government entities with jurisdiction over populations

of less than 50,000.

This rulemaking applies only to two large sources of air emissions

used to generate electrical power on Guam. These sources of electrical

power will be constructed by an independent power producer which is not

a small entity. Therefore, this rulemaking will not impact small

entities.

This action has been classified as a Table 3 action for signature

by the Administrator under the procedures published in the Federal

Register on January 19, 1989 (54 FR 2214-2225). The Office of

Management and Budget has exempted this regulatory action from

Executive Order 12866 review.

List of Subjects in 40 CFR Part 69

Environmental protection, Air pollution control, Guam.

Dated: August 15, 1997.

Carol Browner,

Administrator.

Part 69 of chapter I, title 40 of the Code of Federal Regulations

is amended as follows:

PART 69--[AMENDED]

1. 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).

2. Section 69.11 is amended by adding paragraph (d) to read as

follows:

Sec. 69.11 New exemptions.

* * * * *

(d)(1) Pursuant to Section 325(a) of the CAA and a petition

submitted by the Governor of Guam on February 11, 1997 (``1997

Petition''), the Administrator of EPA conditionally exempts Piti Power

Plant Units No. 8 and No. 9 from certain CAA requirements.

(2) A waiver of the requirement to obtain a PSD permit prior to

construction is granted for the electric generating units identified in

the 1997 Petition as Piti Units No. 8 and No. 9 (two 45 megawatt

baseload diesel electric generators and associated waste heat recovery

boilers with a steam generator), with the following conditions:

(i) Piti Units No. 8 and No. 9 shall not operate until final PSD

permits are received for these units;

(ii) Piti Units No. 8 and No. 9 shall not operate until they comply

with all requirements of their PSD permits, including, if necessary,

retrofitting with BACT;

(iii) If either Piti Units No. 8 or No. 9 operate either prior to

the issuance of a final PSD permit or without BACT equipment, the Piti

Unit(s) shall be deemed in violation of this waiver and the CAA

beginning on the date of commencement of construction of the unit(s).

[FR Doc. 97-22061 Filed 8-20-97; 8:45 am]

BILLING CODE 6560-50-P