Rule2025-18067
Air Plan Approval; Guam; Clean Data Determination for the Piti-Cabras Nonattainment Area for the 2010 1-Hour Sulfur Dioxide National Ambient Air Quality Standard
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Published
September 18, 2025
Effective
October 20, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action on a clean data determination (CDD) for the Piti-Cabras, Guam sulfur dioxide (SO<INF>2</INF>) nonattainment area ("Piti-Cabras area") based on our determination that the area has attained the 2010 1-hour SO<INF>2</INF> National Ambient Air Quality Standard (NAAQS, "standard," or "2010 SO<INF>2</INF> NAAQS"). In designated nonattainment areas where air quality data demonstrate that a NAAQS has been attained, the EPA interprets certain requirements of the Clean Air Act (CAA) as no longer applicable for so long as air quality continues to meet the standard. Under this Clean Data Policy, the EPA may issue a determination of attainment, known as a CDD, that a nonattainment area is attaining the relevant NAAQS. This CDD suspends the obligation to submit certain attainment planning requirements for the Piti-Cabras area for as long as the area continues to attain the 2010 SO<INF>2</INF> NAAQS or until the area is formally redesignated. This CDD does not constitute redesignation of the area to attainment. This action is being taken under the CAA.
Full Text
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<title>Federal Register, Volume 90 Issue 179 (Thursday, September 18, 2025)</title>
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[Federal Register Volume 90, Number 179 (Thursday, September 18, 2025)]
[Rules and Regulations]
[Pages 44985-44987]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18067]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2025-0137; FRL-12752-02-R9]
Air Plan Approval; Guam; Clean Data Determination for the Piti-
Cabras Nonattainment Area for the 2010 1-Hour Sulfur Dioxide National
Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action on a clean data determination (CDD) for the Piti-Cabras, Guam
sulfur dioxide (SO<INF>2</INF>) nonattainment area (``Piti-Cabras
area'') based on our determination that the area has attained the 2010
1-hour SO<INF>2</INF> National Ambient Air Quality Standard (NAAQS,
``standard,'' or ``2010 SO<INF>2</INF> NAAQS''). In designated
nonattainment areas where air quality data demonstrate that a NAAQS has
been attained, the EPA interprets certain requirements of the Clean Air
Act (CAA) as no longer applicable for so long as air quality continues
to meet the standard. Under this Clean Data Policy, the EPA may issue a
determination of attainment, known as a CDD, that a nonattainment area
is attaining the relevant NAAQS. This CDD suspends the obligation to
submit certain attainment planning requirements for the Piti-Cabras
area for as long as the area continues to attain the 2010
SO<INF>2</INF> NAAQS or until the area is formally redesignated. This
CDD does not constitute redesignation of the area to attainment. This
action is being taken under the CAA.
DATES: This rule is effective October 20, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2025-0137. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. 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 through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other
[[Page 44986]]
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#2b454c5e524e4505404344426b4e5b4a054c445d"><span class="__cf_email__" data-cfemail="ec828b99958982c287848385ac899c8dc28b839a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On June 20, 2025, the EPA proposed to determine that the Piti-
Cabras area has attained the 2010 SO<INF>2</INF> NAAQS.\1\ This
determination, also known as a CDD, would suspend certain planning
requirements for the nonattainment area for as long as the area
continues to attain the 2010 SO<INF>2</INF> NAAQS.
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\1\ 90 FR 26235 (June 20, 2025).
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As described in the notice of proposed rulemaking, the EPA's Clean
Data Policy allows for the suspension of CAA requirements that are
specifically designed to help an area achieve attainment for as long as
the nonattainment area continues to attain the NAAQS. A final CDD
suspends the obligation to submit: an attainment demonstration,
reasonably available control measures, including reasonably available
control technology (RACM/RACT), a reasonable further progress (RFP)
demonstration, emissions limitations and control measures as necessary
to provide for attainment, and contingency measures. The remaining CAA
172(c) requirements, namely, the base year emissions inventory and
nonattainment new source review (NNSR) requirements, are not suspended.
While issuance by the EPA of a final CDD suspends certain
attainment planning requirements so long as the area continues to
attain the 2010 SO<INF>2</INF> NAAQS, a final CDD does not constitute a
redesignation of an area to attainment of the 2010 SO<INF>2</INF> NAAQS
under section 107(d)(3) of the CAA. After issuance of a final CDD, the
area remains designated nonattainment for the 2010 SO<INF>2</INF> NAAQS
until the state formally requests redesignation of the area to
attainment, the EPA takes formal action to determine that the area
meets CAA requirements for redesignation, and the EPA approves an
accompanying state-submitted maintenance plan that ensures the area
will continue to meet the NAAQS for the successive 10-year period.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment unrelated to this action.
III. Final Action
No comments were submitted that change our assessment as described
in our proposed action. Therefore, the EPA is finalizing the CDD for
the Piti-Cabras area, the complete description of which can be found at
40 CFR 81.353.\2\
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\2\ The nonattainment area consists of ``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).''
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The EPA's final determination suspends the requirements for an
attainment demonstration and certain other associated nonattainment
planning requirements for the Piti-Cabras area so long as the area
continues to attain the 2010 SO<INF>2</INF> NAAQS. As indicated in the
proposal on this action, a final CDD action suspends certain planning
requirements for a CAA part D nonattainment area SIP, including: an
attainment demonstration, RACM/RACT, emissions limitations and control
measures as necessary to provide for attainment, an RFP plan, and
contingency measures.
This final action also suspends 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,\3\ with regard to the attainment
demonstration, RACM/RACT, RFP, emissions limitations and control
measures as necessary to provide for attainment, and contingency
measures. Those elements 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, are also satisfied by this action.
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\3\ 85 FR 69504 (November 3, 2020).
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Following issuance of a CDD for the Piti-Cabras area, the State
remains obligated to submit the nonattainment planning requirements,
including a base year emissions inventory and a showing that the area
is covered by an EPA-approved NNSR program. The EPA issued a direct
final rule finding complete and approving the base year emissions
inventory element of the attainment plan SIP revision for the Piti-
Cabras area on July 16, 2025.\4\ The EPA provided a 30-day public
notice period and did not receive adverse comments. The EPA also found
complete and proposed to approve Guam's NNSR program element on June
18, 2025.\5\ We are finalizing approval of the Guam's NNSR program in
an action that is located in the Final Rules section of this Federal
Register. Accordingly, with this final CDD, the EPA has now satisfied
all of our obligations 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. Further, the FIP obligation and sanctions
clocks triggered by the November 3, 2020 finding of failure to submit
will remain suspended as long as the area continues to attain the 2010
SO<INF>2</INF> NAAQS.
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\4\ 90 FR 31877 (July 16, 2025).
\5\ 90 FR 25984 (June 18, 2025).
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This final action does not constitute a redesignation of the Piti-
Cabras area to attainment of the 2010 SO<INF>2</INF> NAAQS under
section 107(d)(3) of the CAA. The area will remain designated
nonattainment for the 2010 SO<INF>2</INF> NAAQS until such time as the
EPA determines that the area meets the CAA requirements for
redesignation to attainment and takes further action to redesignate the
area.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by territorial law.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a
[[Page 44987]]
substantial number of small entities under the RFA. This action will
not impose any requirements on small entities beyond those imposed by
territorial law. The CDD does not create any new requirements and does
not directly regulate any entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by territorial law. Accordingly, no additional
costs to State, local, or tribal governments, or to the private sector,
will result from this action.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will 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.
G. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law. Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. Therefore, this action is not
subject to Executive Order 13045 because it merely finalizes a CDD.
Furthermore, the EPA's Policy on Children's Health does not apply to
this action.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 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).
L. Petitions for Judicial Review
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 November 17, 2025. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: September 11, 2025.
Michael Martucci,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations 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. Amend Sec. 52.2679 by adding paragraph (c) to read as follows:
Sec. 52.2679 Control strategy and regulations: Sulfur dioxide.
* * * * *
(c) Effective October 20, 2025, the EPA has determined, that based
on air dispersion modeling, the Piti-Cabras nonattainment area has
attained the 2010 1-hour sulfur dioxide NAAQS. This clean data
determination suspends the requirement for this area to submit an
attainment demonstration, associated reasonably available control
measures, including reasonably available control technology, a
reasonable further progress plan, emissions limitations and control
measures as necessary to provide for attainment, and contingency
measures, for as long as this area continues to meet the 2010 1-hour
sulfur dioxide NAAQS.
* * * * *
[FR Doc. 2025-18067 Filed 9-17-25; 8:45 am]
BILLING CODE 6560-50-P
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