Rule2025-13328
Air Plan Approval; Guam; Base Year Emissions Inventory for the 2010 1-Hour Sulfur Dioxide National Ambient Air Quality Standard for the Piti-Cabras Nonattainment Area
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Published
July 16, 2025
Effective
October 14, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to Guam's State Implementation Plan (SIP) under section 110(k)(3) of the Clean Air Act (CAA or "the Act"). This revision concerns the base year emissions inventory for the Piti-Cabras, Guam sulfur dioxide (SO<INF>2</INF>) nonattainment area ("Piti-Cabras area" or NAA) for the 2010 1-hour SO<INF>2</INF> National Ambient Air Quality Standard (NAAQS, "standard," or "2010 SO<INF>2</INF> NAAQS").
Full Text
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<title>Federal Register, Volume 90 Issue 134 (Wednesday, July 16, 2025)</title>
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[Federal Register Volume 90, Number 134 (Wednesday, July 16, 2025)]
[Rules and Regulations]
[Pages 31877-31881]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13328]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2025-0268; FRL-12868-02-R9]
Air Plan Approval; Guam; Base Year Emissions Inventory for the
2010 1-Hour Sulfur Dioxide National Ambient Air Quality Standard for
the Piti-Cabras Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to Guam's State Implementation Plan
(SIP) under section 110(k)(3) of the Clean Air Act (CAA or ``the
Act''). This revision concerns the base year emissions inventory for
the Piti-Cabras, Guam sulfur dioxide (SO<INF>2</INF>) nonattainment
area (``Piti-Cabras area'' or NAA) for the 2010 1-hour SO<INF>2</INF>
National Ambient Air Quality Standard (NAAQS, ``standard,'' or ``2010
SO<INF>2</INF> NAAQS'').
DATES: This rule is effective October 14, 2025 without further notice,
unless the EPA receives adverse comments by August 15, 2025. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2025-0268 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. If you need assistance in a
language other than English or if you are a person with a disability
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Khoi Nguyen, Geographic Strategies and
Modeling Section, Planning & Analysis Branch, Air & Radiation Division,
EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105; telephone
number: 415-947-4120; email address: <a href="/cdn-cgi/l/email-protection#b8f6dfcdc1ddd696f3d0d7d1f8ddc8d996dfd7ce"><span class="__cf_email__" data-cfemail="357b52404c505b1b7e5d5a5c755045541b525a43">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
II. Guam EPA's Base Year Emissions Inventory for the Piti-Cabras
Nonattainment Area
III. The EPA's Evaluation
IV. Public Comment and Final Action
V. Statutory and Executive Order Reviews
I. Background
On June 22, 2010, the EPA published in the Federal Register a
strengthened, primary 1-hour SO<INF>2</INF> NAAQS, establishing a new
standard at a level of 75 parts per billion (ppb), based on the 3-year
average of the annual 99th percentile of daily maximum 1-hour average
concentrations of SO<INF>2</INF>.\1\ Following promulgation of a new or
revised NAAQS, the EPA is required to designate all areas of the
country as either ``attainment,'' ``nonattainment,'' or
``unclassifiable.'' \2\ On December 21, 2017, the EPA signed a notice
designating six areas in three States and two territories as
nonattainment in the third round of SO<INF>2</INF> designations,
effective April 9, 2018.\3\ With that action, the EPA designated as
nonattainment the portion of Guam within a 6.074-km radius centered on
UTM Easting 249,601.60 m, and UTM Northing 1,489,602.00 m (UTM Zone
55N).\4\
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\1\ On June 2, 2010, the EPA signed the final rule titled,
``Primary National Ambient Air Quality Standard for Sulfur
Dioxide,'' 75 FR 35520 (June 22, 2010), codified at 40 CFR part 50.
\2\ CAA section 107(d)(1).
\3\ 83 FR 1098 (January 9, 2018).
\4\ For designations technical discussions, see the Technical
Support Document, Chapter 11: Intended Round 3 Area Designations for
the 2010 1-Hour SO<INF>2</INF> Primary National Ambient Air Quality
Standard for Guam. EPA Office of Air and Radiation, December 2017,
Section 3, 6-26, available in the docket for this action.
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The Piti-Cabras area is located on the western side of the island
of Guam, centered on the Piti and Cabras power plants, which are both
owned by Guam Power Authority (GPA). The Piti facility (also referred
to as Marianas Energy Company (MEC) by Guam) consists of two baseload
electric generating units (8 and 9). Piti 8 and 9 are two 45.2 megawatt
(MW) diesel engines. The Cabras facility consists of two baseload
electric generating units (1 and 2) that
[[Page 31878]]
are 66 MW units. These facilities are the primary emitters of
SO<INF>2</INF> in the area. Nearby, the Taiwan Electrical and
Mechanical Engineering Services (TEMES) power plant (also referred to
as ``Piti 7''),\5\ and commercial and United States Navy (``Navy'')
marine vessel ports are also significant emitters of SO<INF>2</INF>. No
other sources on or beyond the island were determined to have the
potential to cause or contribute to significant impacts within the area
of analysis. The Modeling Technical Support Document (TSD) included in
the docket for this action accompanied a recent proposed Clean Data
Determination for Piti-Cabras and contains more information on the
facilities and emissions.\6\
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\5\ Piti/TEMES 7 is a 40 MW combustion turbine and is also owned
by GPA.
\6\ ``Technical Support Document (TSD) for the Piti-Cabras, Guam
2010 1-Hour SO<INF>2</INF> Nonattainment Area Clean Data
Determination Modeling Analysis,'' EPA Region 9, June 2025.
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Section 191 of the CAA directs states containing an area designated
nonattainment for the 2010 SO<INF>2</INF> NAAQS to develop and submit a
nonattainment area SIP to the EPA within 18 months of the effective
date of an area's designation as nonattainment. The nonattainment area
SIP revision (also referred to as an attainment plan) must meet the
requirements of subparts l and 5 of part D, of Title 1 of the CAA, 42
U.S.C. 7401 et seq., and provide for attainment of the NAAQS by the
applicable statutory attainment date.\7\ To be approved by the EPA,
under section 192(a), these nonattainment area SIPs must provide for
attainment of the NAAQS as expeditiously as practicable, but no later
than five years from the effective date of designation.
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\7\ See sections 172 and 191-192 of the CAA.
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The Guam Environmental Protection Agency (Guam EPA) was required to
prepare and submit to the EPA a nonattainment area SIP by October 9,
2019, to bring the area into attainment by the attainment date of April
9, 2023. However, Guam EPA failed to submit a complete attainment plan
for the area by the October 9, 2019 deadline. On November 3, 2020, the
EPA issued a finding that Guam EPA failed to submit the required
attainment plan for the Piti-Cabras area.\8\ Pursuant to section 179 of
the CAA and 40 CFR 52.31, the November 3, 2020 finding triggered
sanctions clocks. More specifically, under 40 CFR 52.31, the offset
sanction in CAA section 179(b)(2) would be imposed 18 months after
December 3, 2020 effective date of the finding, and the highway funding
sanction in CAA section 179(b)(1) would be imposed six months after the
offset sanction was imposed, unless the EPA determined that a
subsequent SIP submission corrected the identified deficiencies before
the applicable deadlines.\9\
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\8\ 85 FR 69504 (November 3, 2020).
\9\ See 40 CFR 52.31(d)(5).
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The finding also started a two-year clock by which the EPA is
required under CAA section 110(c) to promulgate a Federal
Implementation Plan (FIP) for the area, unless Guam EPA submits, and
the EPA approves, a SIP for the area before December 3, 2022.
On December 19, 2024, the EPA issued a finding that the Piti-Cabras
nonattainment area failed to attain the 2010 SO<INF>2</INF> NAAQS by
the statutory attainment date of April 9, 2023.\10\ This finding
triggered a requirement for Guam EPA to submit a plan demonstrating
attainment of the 2010 SO<INF>2</INF> NAAQS as expeditiously as
practicable, but no later than December 19, 2029.\11\ In that action,
the EPA noted that the Guam's submission of a complete SO<INF>2</INF>
attainment plan for the new attainment date in response to this finding
of failure to attain would also address the Territory's existing
obligations to submit an attainment plan for the 2010 SO<INF>2</INF>
NAAQS.
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\10\ 89 FR 103819.
\11\ Id. at 103822.
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On June 20, 2025, the EPA proposed to determine that the Piti-
Cabras area is attaining the 2010 SO<INF>2</INF> NAAQS and qualifies
for a Clean Data Determination (CDD) under the EPA's Clean Data
Policy.\12\ If the EPA finalizes the CDD, it would suspend the
requirements for the Piti-Cabras area to submit an attainment
demonstration and certain other associated nonattainment planning
requirements for so long as the Piti-Cabras area continues to attain
the 2010 SO<INF>2</INF> NAAQS. A final CDD would also suspend the EPA's
obligation to promulgate a FIP and the sanctions clocks associated with
the finding of failure to submit issued on November 3, 2020,\13\ with
regard to the attainment demonstration, demonstrations for reasonably
available control measures and reasonably available control technology
(RACM/RACT), reasonable further progress (RFP), emissions limitations
and control measures as necessary to provide for attainment, and
contingency measures. Guam EPA would still be required to submit an
emissions inventory required by CAA section 172(c)(3) and a
nonattainment new source review (NNSR) program required by CAA section
172(c)(5).\14\
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\12\ 90 FR 26235 (June 20, 2025).
\13\ 85 FR 69504.
\14\ Guam EPA submitted a SIP revision addressing NNSR on March
13, 2025. The EPA found this submittal complete and proposed to
approve it into the SIP on June 18, 2025, 90 FR 25984.
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II. Guam EPA's Base Year Emissions Inventory for the Piti-Cabras
Nonattainment Area
Guam EPA submitted the emissions inventory element to the EPA on
June 6, 2025.\15\ The submittal is titled ``Guam Environmental
Protection Agency Piti-Cabras SO<INF>2</INF> State Implementation Plan
Emission Inventory Technical Support Document'' (``EI submittal''). In
the EI submittal, Guam EPA reviewed and compiled actual emissions from
sources of SO<INF>2</INF> in the Piti-Cabras area for the base year
emissions inventory requirement. Guam's 2020 base year SO<INF>2</INF>
emissions inventory for the Piti-Cabras area, by emission source
category, is contained in Table 1 in this document.
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\15\ Letter dated June 6, 2025, from Michelle C. R. Lastimoza,
Administrator, Guam EPA, to Josh F. W. Cook, Regional Administrator,
U.S. Environmental Protection Agency Region 9 (submitted
electronically June 6, 2025).
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Guam EPA estimated SO<INF>2</INF> emissions for point and non-point
sources. The point source category was the largest SO<INF>2</INF>
emissions source category. In 2020, GPA operated six energy generation
units (EGUs) in the NAA, which contributed the majority of point source
emissions. Additional point sources consisted of generators and boilers
operated by the Department of Defense (DoD)/United States Navy (US
Navy). SO<INF>2</INF> emissions from back-up generators operated by
other commercial entities were assumed to be negligible due to their
likely limited run hours and because, since 2011, Guam territorial law
has required all diesel imported for distribution and sale to be ultra
low sulfur diesel.\16\ In the non-point source categories, port
emissions were a significant contributor. The port of Guam receives
vessel calls from both commercial and US Navy ships. Accordingly, Guam
EPA estimated marine SO<INF>2</INF> emissions from commercial and U.S.
Navy ships hoteling in the port. Guam EPA was unable to estimate
emissions from other activities at the port, other non-point sources,
and on-road and non-road mobile sources due to lack of data. However,
we find that the emissions from these sources would have a negligible
impact on the total SO<INF>2</INF> emissions in the NAA because of the
ultra low sulfur diesel requirement. While exceptions were provided for
certain EGUs and U.S. Navy sources, these sources are already reflected
in the emissions inventory. In particular, the GPA EGUs are the largest
emissions
[[Page 31879]]
source in the NAA, contributing 98 percent of the estimated annual
total SO<INF>2</INF> emissions in 2020.
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\16\ 10 GCA section 49119.
Table 1--Annual SO2 Emissions in the Piti-Cabras Area in 2020
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Estimated SO2
emissions 2020
Source category Source description (tons/year)
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Point Sources.................... GPA EGUs........... 12,274.54
DoD EGUs........... 0.0264
DoD Boilers........ 9.04
Non-point Sources................ Marine Sources..... 234.31
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Total.............. 12,517.92
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Source: EI submittal, Table 8.
All point source emissions were calculated using the EPA's AP-42
emissions factors \17\ together with the sulfur content of the fuel, as
determined by shipment records, and 2020 annual fuel consumption
records (Table 2). For non-point sources, marine emissions from
hoteling vessels were estimated using port of Guam annual vessel call
reports and EPA emissions factors.\18\
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\17\ AP-42 is the primary compilation of the EPA's emissions
factor information. See <a href="https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors-stationary-sources">https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors-stationary-sources</a>.
\18\ Ports Emissions Inventory Guidance: Methodologies for
Estimating Port-Related and Goods Movement Mobile Source Emissions.
Office of Transportation and Air Quality, US EPA (April 2022).
Table 2--Annual SO2 Emissions Inventory for GPA Power Plants in the Piti-Cabras Area in 2020
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Fuel sulfur
Nominal power content (%weight/ SO2 emissions 2020
Guam power authority plant (megawatts) weight) (tons/year)
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Piti 8............................................... 44.2 1.74 or 0.99 2791.74
Piti 9............................................... 44.2 1.74 or 0.99 2666.84
Cabras 1............................................. 66 1.74 or 0.99 3389.2
Cabras 2............................................. 66 1.74 or 0.99 3426.55
(TEMES) Piti 7....................................... 40 0.001 0.11
Tenjo Vista.......................................... 26.4 0.001 0.1036
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Total............................................ 286.80 .................. 12,274.54
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Source: EI submittal, Table 1.
III. The EPA's Evaluation
We have reviewed Guam EPA's public notice and comment procedures in
the EI submittal and find that Guam EPA's EI submittal meets the
completeness criteria in 40 CFR part 51 Appendix V, which must be met
before formal EPA review.
The EPA's 2014 SO<INF>2</INF> Nonattainment Guidance further
describes the statutory elements comprising an SO<INF>2</INF>
attainment plan. These requirements include submission of a
comprehensive, accurate and current base year emissions inventory of
all sources of SO<INF>2</INF> within the nonattainment area, per CAA
section 172(c)(3).\19\
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\19\ See ``Guidance for 1-Hour SO<INF>2</INF> Nonattainment Area
SIP Submissions'' (April 23, 2014).
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Guam EPA selected 2020 for the base year emissions inventory for
the Piti-Cabras area, which is appropriate because it is a recent year
that is representative of conditions leading to nonattainment. In
particular, it is part of the three-year design value period for which
the EPA determined that the Piti-Cabras area failed to attain the 2010
SO<INF>2</INF> NAAQS by its original attainment date.\20\
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\20\ 89 FR 103819, 103821-89 FR 103822 (December 19, 2024)
(``the relevant three-year DV period for the April 9, 2023
attainment date was from 2020-2022'').
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We find the emissions estimation methodologies employed in the EI
submittal appropriate as they relied on the EPA's AP-42 and other
recommended emissions factors and EPA emissions estimation guidance.
All emission calculations, source data, and supporting documentations
were included in the EI submittal.
In conclusion, the EPA has evaluated Guam EPA's EI submittal for
the Piti-Cabras area and has determined that it was developed in a
manner consistent with CAA section 172(c)(3) and with applicable EPA
guidance.
IV. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, the EPA is fully
approving the submitted base year emissions inventory based on our
determination that it fulfills all relevant requirements. The EPA is
approving Guam EPA's EI submittal as meeting the requirements of CAA
section 172(c)(3). Specifically, we are finding that the submittal
satisfies the base year emissions inventory requirement triggered by
the December 19, 2024 finding of failure to attain, as well as the
Territory's obligation to submit a base year inventory for the 2010
SO<INF>2</INF> NAAQS stemming from the EPA's designation of the area as
nonattainment in 2017. With this final action, the emissions inventory
element of the EPA's obligation as to this nonattainment area under the
consent decree in Center for Biological Diversity et al. v. Regan, No.
4:24-cv-01900 (N.D. Cal.), doc. 28, paragraphs 1.c-d, 2, will also be
met.
We do not anticipate that anyone will object to this approval,
therefore, we are finalizing approval without first
[[Page 31880]]
proposing it in advance. However, in the Proposed Rules section of this
Federal Register, we are simultaneously proposing approval of the same
emissions inventory submittal. If we receive adverse comments by August
15, 2025, we will publish a timely withdrawal in the Federal Register
to notify the public that the direct final approval will not take
effect and we will address the comments in a subsequent final action
based on the proposal. If we do not receive timely adverse comments,
the direct final approval will be effective October 14, 2025 without
further notice. This will incorporate the submittal into the federally
enforceable SIP.
Please note that if the EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, the EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it proposes to approve a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 15, 2025. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Sulfur oxides.
Dated: July 7, 2025.
Joshua F.W. Cook,
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
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AAA--Guam
0
2. Section 52.2670 is amended by adding in paragraph (e), under the
table heading ``EPA Approved Guam Nonregulatory Provisions and Quasi-
Regulatory Measures'' an entry for ``Guam Environmental Protection
Agency Piti-Cabras SO<INF>2</INF> State Implementation Plan Emission
Inventory Technical Support Document'' after the entry for ``Appendix
K: Inventory data for 1973.''
Sec. 52.2670 Identification of plan.
* * * * *
(e) * * *
EPA Approved Guam Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable
Name of SIP provision geographic or State submittal EPA approval date Explanation
nonattainment area date
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Implementation Plan for Compliance With the Ambient Air Quality Standards For Territory of Guam
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* * * * * * *
Guam Environmental Protection Piti-Cabras June 6, 2025...... 7/16/2025, 90 FR Submitted on June
Agency Piti-Cabras SO2 State Nonattainment [Insert Federal 6, 2025 as an
Implementation Plan Emission Area. Register page attachment to a
Inventory Technical Support where the letter dated June
Document. document begins]. 6, 2025.
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[FR Doc. 2025-13328 Filed 7-15-25; 8:45 am]
BILLING CODE 6560-50-P
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