Approval and Promulgation of Implementation Plans; Hawaii, 27708-27711 [E9-13590]
Download as PDF
<![CDATA[
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.
cprice-sewell on PRODPC61 with RULES
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,
VerDate Nov<24>2008
14:23 Jun 10, 2009
Jkt 217001
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);
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
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
E:\FR\FM\11JNR1.SGM
11JNR1
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations
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
cprice-sewell on PRODPC61 with RULES
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
VerDate Nov<24>2008
14:23 Jun 10, 2009
Jkt 217001
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.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
27709
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
E:\FR\FM\11JNR1.SGM
11JNR1
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
Applicable geographic or nonattainment area
Name of SIP provision
State submittal date
EPA approval
date
Explanation
State of Hawaii Air Pollution Control Strategy Plan
State-wide ..........
01/28/72
05/31/72, 37 FR
10842.
Section III—Legal Authority:
Section III—Legal Authority ....
cprice-sewell on PRODPC61 with RULES
Section I—Introduction ...................
State-wide ..........
01/28/72
05/31/72, 37 FR
10842.
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).
Sections V and VI:
Section V—Air Quality Data
Summary.
Section VI—Emission Inventory Summary.
Section VII—Control Strategy Development:
Subsection 1. Particulate Matter.
State-wide ..........
06/15/72
11/08/73, 38 FR
30876.
State-wide ..........
08/15/73
State-wide ..........
08/15/73
06/25/74, 39 FR
22946.
06/25/74, 39 FR
22946.
State-wide ..........
04/25/74
03/02/76, 41 FR
8956.
PM10 Control Measures/NSR
Procedures.
State-wide ..........
09/14/88
07/09/04, 69 FR
41431.
VerDate Nov<24>2008
14:23 Jun 10, 2009
Jkt 217001
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
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)].
Excluding Section 7—Variances of Act 100. See 74
FR 11037 (March 16, 2009).
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.
E:\FR\FM\11JNR1.SGM
11JNR1
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations
27711
EPA APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued
Applicable geographic or nonattainment area
Name of SIP provision
State submittal date
EPA approval
date
Explanation
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.
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.
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.
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 2. Sulfur Oxides ...
State-wide ..........
01/28/72
05/31/72, 37 FR
10842.
Subsection 3. Carbon Monoxide.
State-wide ..........
01/28/72
05/31/72, 37 FR
10842.
Subsection 4. Nitrogen Dioxide.
State-wide ..........
01/28/72
05/31/72, 37 FR
10842.
Subsection 5. Photochemical
Oxidants.
State-wide ..........
01/28/72
05/31/72, 37 FR
10842.
of
State-wide ..........
01/28/72
05/31/72, 37 FR
10842.
Section
IX—Compliance
Schedule.
Section X—Source Surveillance System.
Section XI—Permit and Registration System.
Section XII—Air Quality Surveillance Network:
Section XII—Air Quality Surveillance Network.
Air Quality Surveillance Network, SIP Amendment—
PM10.
Sections XIII and XIV:
Section
XIII—Intergovernmental Cooperation.
Section XIV—Resources ........
State-wide ..........
01/28/72
State-wide ..........
01/28/72
State-wide ..........
01/28/72
05/31/72, 37 FR
10842.
05/31/72, 37 FR
10842.
05/31/72, 37 FR
10842.
State-wide ..........
08/21/80
State-wide ..........
09/14/88
State-wide ..........
01/28/72
State-wide ..........
01/28/72
Sections VIII through XI:.
Section VIII—Prevention
Emergency Episodes.
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.
08/10/81, 46 FR
40512.
07/09/04, 69 FR
41431.
05/31/72, 37 FR
10842.
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 ..........
[FR Doc. E9–13590 Filed 6–10–09; 8:45 am]
BILLING CODE 6560–50–P
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’’).
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
cprice-sewell on PRODPC61 with RULES
[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.
VerDate Nov<24>2008
14:23 Jun 10, 2009
Jkt 217001
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
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
E:\FR\FM\11JNR1.SGM
11JNR1
]]>Agencies
[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27708-27711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13590]
=======================================================================
-----------------------------------------------------------------------
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 non-regulatory provisions and quasi-regulatory measures to
the revised ``identification of plan'' section. The non-regulatory
provisions and quasi-regulatory measures affected by this format
revision have been previously
[[Page 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 quasi-regulatory 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 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 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 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 quasi-regulatory
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
[[Page 27710]]
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.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart M--Hawaii
0
2. Section 52.620 is amended by adding paragraph (e) to read as
follows:
Sec. 52.620 Identification of plan.
* * * * *
(e) EPA Approved Nonregulatory Provisions and Quasi-Regulatory
Measures.
EPA Approved Hawaii Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State EPA approval
Name of SIP provision nonattainment submittal date Explanation
area date
----------------------------------------------------------------------------------------------------------------
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 State-wide...... 01/28/72 05/31/72, 37 FR Excluding Air Pollution Control
Authority. 10842. 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 State-wide...... 06/15/72 11/08/73, 38 FR Excluding Section 7--Variances
concerning legal 30876. of Act 100. See 74 FR 11037
authority and enclosure (March 16, 2009).
(Act 100, Relating to
Ecology Environment and
Recreation, approved by
the Governor on May 22,
1972).
Sections V and VI:
Section V--Air Quality State-wide...... 08/15/73 06/25/74, 39 FR ...............................
Data Summary. 22946.
Section VI--Emission State-wide...... 08/15/73 06/25/74, 39 FR ...............................
Inventory Summary. 22946.
Section VII--Control Strategy
Development:
Subsection 1. Particulate State-wide...... 04/25/74 03/02/76, 41 FR Excluding subsection entitled,
Matter. 8956. ``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 State-wide...... 09/14/88 07/09/04, 69 FR ...............................
Procedures. 41431.
[[Page 27711]]
Subsection 2. Sulfur State-wide...... 01/28/72 05/31/72, 37 FR Excluding subsection entitled,
Oxides. 10842. ``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 State-wide...... 01/28/72 05/31/72, 37 FR Excluding subsection entitled,
Monoxide. 10842. ``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 State-wide...... 01/28/72 05/31/72, 37 FR Excluding subsection entitled,
Dioxide. 10842. ``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. State-wide...... 01/28/72 05/31/72, 37 FR Excluding subsection entitled,
Photochemical Oxidants. 10842. ``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 State-wide...... 01/28/72 05/31/72, 37 FR Excluding subsection entitled,
of Emergency Episodes. 10842. ``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 State-wide...... 01/28/72 05/31/72, 37 FR ...............................
Schedule. 10842.
Section X--Source State-wide...... 01/28/72 05/31/72, 37 FR ...............................
Surveillance System. 10842.
Section XI--Permit and State-wide...... 01/28/72 05/31/72, 37 FR ...............................
Registration System. 10842.
Section XII--Air Quality
Surveillance Network:
Section XII--Air Quality State-wide...... 08/21/80 08/10/81, 46 FR ...............................
Surveillance Network. 40512.
Air Quality Surveillance State-wide...... 09/14/88 07/09/04, 69 FR ...............................
Network, SIP Amendment-- 41431.
PM10.
Sections XIII and XIV:
Section XIII-- State-wide...... 01/28/72 05/31/72, 37 FR ...............................
Intergovernmental 10842.
Cooperation.
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 State-wide...... 10/29/82 08/18/83, 48 FR Excluding section II (``Notice
Control Implementation Plan 37402. of Public Hearing''); Hawaii
for Lead. 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
