Approval and Promulgation of Air Quality Implementation Plans; State of Hawaii; Update to Materials Incorporated by Reference, 36118-36120 [E9-17261]
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36118
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations
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A full refund (100%) may be made
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Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E9–17124 Filed 7–21–09; 8:45 am]
BILLING CODE 7710–12–P
40 CFR Part 52
[HI–126–NBK; FRL–8916–9]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Hawaii; Update to Materials
Incorporated by Reference
jlentini on DSKJ8SOYB1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
SUMMARY: EPA is updating the materials
submitted by the State of Hawaii that
are incorporated by reference (IBR) into
the State Implementation Plan (SIP).
The regulations affected by this update
have been previously submitted by the
State of Hawaii and approved by EPA.
This update affects the SIP materials
that are available for public inspection
at the National Archives and Records
Administration (NARA), the Air and
Radiation Docket and Information
Center located EPA Headquarters in
Washington, DC, and the Regional
Office.
DATES: Effective Date: This action is
effective July 22, 2009.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations and online at
EPA Region IX Web site:
Air Division, Environmental Protection
Agency, Region IX, 75 Hawthorne
Street San Francisco, CA 94105–3901.
Air and Radiation Docket and
Information Center, U.S.
Environmental Protection Agency,
Headquarters Library, Room Number
18:20 Jul 21, 2009
Jkt 217001
FOR FURTHER INFORMATION CONTACT:
Cynthia G. Allen, (415) 947–4120 or by
e-mail at allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
ENVIRONMENTAL PROTECTION
AGENCY
VerDate Nov<24>2008
3334, EPA West Building, 1301
Constitution Ave., NW., Washington,
DC 20460.
Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700,
Washington, DC.
If you wish to obtain materials from
a docket in the EPA Headquarters
Library, please call the Office of Air and
Radiation (OAR) Docket/Telephone
number: (202) 566–1742; or the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
The SIP is a living document which
the State revises as necessary to address
the unique air pollution problems.
Therefore, EPA from time to time must
take action on SIP revisions containing
new and/or revised regulations to make
them part of the SIP. On May 22, 1997
(62 FR 27968), EPA revised the
procedures for incorporating by
reference federally-approved SIPs, as a
result of consultations between EPA and
the Office of the Federal Register (OFR).
The description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
August 4, 2005 (70 FR 44852), as
corrected on August 23, 2005 (70 FR
49377), EPA published a document in
the Federal Register beginning the new
IBR procedure for the State of Hawaii.
Today’s action is an update to the
August 4, 2005 document.
II. EPA Action
In this document, EPA is doing the
following:
A. Announcing an update to the IBR
material as of May 1, 2009; and
B. Revising the entries in paragraphs
52.620(b) and (c) to reflect this update.
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)
which, 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 codifies
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
provisions which are already in effect as
a matter of law. 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. Likewise,
there is no purpose served by delaying
the effective date of this action.
Immediate notice in the CFR benefits
the public by removing outdated
citations and incorrect chart entries.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
is therefore 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 and 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
E:\FR\FM\22JYR1.SGM
22JYR1
36119
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This update to the
Identification of plan for Hawaii is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not an economically
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 Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
EPA’s compliance with these statutes
and Executive Orders for the underlying
rules is discussed in previous actions
taken on the State’s rules.
B. Submission to Congress and the
Comptroller General
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
which are already in effect as a matter
of law. 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 [July 22, 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
C. Petitions for Judicial Review
EPA has also determined that the
provisions 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 in this
action to reopen the 60-day period for
filing such petitions for judicial review
for this ‘‘Identification of plan’’
reorganization update action for the
State of Hawaii.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: May 25, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Part 52, 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—State of Hawaii
2. Section 52.620 is amended by
revising paragraphs (b) and (c) to read
as follows:
■
§ 52.620
Identification of plan.
*
*
*
*
*
(b) Incorporation by reference. (1)
Material listed as incorporated by
reference in paragraphs (c) and (d) of
this section with an EPA approval date
prior to May 1, 2009, was approved for
incorporation by reference by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Material is incorporated as
it exists on the date of the approval, and
notice of any change in the material will
be published in the Federal Register.
Entries in paragraphs (c) and (d) of this
section with EPA approval dates on or
after May 1, 2009 will be incorporated
by reference in the next update to the
SIP compilation.
(2) EPA Region IX certifies that the
rules and regulations provided by EPA
in the SIP compilation at the addresses
in paragraph (b)(3) of this section are an
exact duplicate of the officially
promulgated State rules/regulations
which have been approved as part of the
State implementation plan as of May 1,
2009.
(3) Copies of the materials
incorporated by reference may be
inspected at the EPA Region IX Office
at 75 Hawthorne Street, San Francisco,
CA 94105; the Air and Radiation Docket
and Information Center, U.S.
Environmental Protection Agency,
Room 3334, EPA West Building, 1301
Constitution Avenue, NW., Washington,
DC; or the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
(c) EPA approved regulations.
EPA-APPROVED STATE OF HAWAII REGULATIONS
Title/subject
Effective
date
EPA approval date
Department of Health, Public Health Regulations, Chapter 43, Air Pollution Control
Regulations:
Section 22 .............................................
jlentini on DSKJ8SOYB1PROD with RULES
State citation
Hearings and Appeals .........
12/26/1972
05/14/1973, 38 FR 12711 ....
Section 23 .............................................
Application ............................
03/28/1972
05/31/1972, 37 FR 10842 ....
Department of Health, Title 11, Chapter 60,
Air Pollution Control Regulations:
11–60–1 .................................................
Definitions ............................
11/29/1982
08/18/1983, 48 FR 37403.
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Explanation
See also 74 FR
11037
(March 16, 2009).
See also 74 FR
11037
(March 16, 2009).
36120
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations
EPA-APPROVED STATE OF HAWAII REGULATIONS—Continued
Title/subject
Effective
date
Permit system, applicability ..
Permit system, applications
Permit system, conditions for
considering applications.
Permit system, action on applications.
Permit system, performance
testing.
Permit system, cancellation
of authority to construct.
Permit system, suspension
or revocation of permit to
operate.
Permit system, transfer of
permit to operate.
Permit system, reporting discontinuance or dismantlement.
Permit system, posting of
permit to operate.
Permit system, fees .............
Permit system, fee schedule
for a permit to operate.
Permit system, period of permit.
Sampling, testing, and reporting methods.
Malfunction of equipment reporting.
Prohibition of air pollution ....
Control of open burning .......
Agricultural burning, permit
requirement.
Agricultural burning, applications.
Agricultural burning, ‘‘no
burn’’ days.
Agricultural burning, record
keeping and monitoring.
Agricultural burning, action
on applications.
Visible emissions .................
Control of motor vehicles .....
Fugitive dust .........................
Incineration ...........................
Bagasse-burning boilers ......
Process industries ................
Prevention of air pollution
emergency episodes.
Penalties and remedies .......
Severability ...........................
11/29/1982
11/29/1982
11/29/1982
08/18/1983, 48 FR 37403.
08/18/1983, 48 FR 37403.
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
11/29/1982
08/18/1983, 48 FR 37403.
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
11/29/1982
11/29/1982
08/18/1983, 48 FR 37403.
08/18/1983, 48 FR 37403.
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
08/18/1983, 48 FR 37403.
11/29/1982
11/29/1982
11/29/1982
11/29/1982
11/29/1982
11/29/1982
11/29/1982
08/18/1983,
08/18/1983,
08/18/1983,
08/18/1983,
08/18/1983,
08/18/1983,
08/18/1983,
11/29/1982
11/29/1982
08/18/1983, 48 FR 37403.
08/18/1983, 48 FR 37403.
State citation
11–60–2 .................................................
11–60–3 .................................................
11–60–4 .................................................
11–60–5 .................................................
11–60–6 .................................................
11–60–7 .................................................
11–60–8 .................................................
11–60–9 .................................................
11–60–10 ...............................................
11–60–11 ...............................................
11–60–12 ...............................................
11–60–13 ...............................................
11–60–14 ...............................................
11–60–15 ...............................................
11–60–16 ...............................................
11–60–17 ...............................................
11–60–18 ...............................................
11–60–19 ...............................................
11–60–20 ...............................................
11–60–21 ...............................................
11–60–22 ...............................................
11–60–23 ...............................................
11–60–24
11–60–25
11–60–26
11–60–27
11–60–28
11–60–29
11–60–35
...............................................
...............................................
...............................................
...............................................
...............................................
...............................................
...............................................
11–60–37 ...............................................
11–60–38 ...............................................
*
*
*
*
EPA approval date
48
48
48
48
48
48
48
FR
FR
FR
FR
FR
FR
FR
*
[FR Doc. E9–17261 Filed 7–21–09; 8:45 am]
jlentini on DSKJ8SOYB1PROD with RULES
BILLING CODE 6560–50–P
VerDate Nov<24>2008
18:20 Jul 21, 2009
Jkt 217001
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E:\FR\FM\22JYR1.SGM
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37403.
37403.
37403.
37403.
37403.
37403.
37403.
Explanation
]]>Agencies
[Federal Register Volume 74, Number 139 (Wednesday, July 22, 2009)]
[Rules and Regulations]
[Pages 36118-36120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17261]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[HI-126-NBK; FRL-8916-9]
Approval and Promulgation of Air Quality Implementation Plans;
State of Hawaii; Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
-----------------------------------------------------------------------
SUMMARY: EPA is updating the materials submitted by the State of Hawaii
that are incorporated by reference (IBR) into the State Implementation
Plan (SIP). The regulations affected by this update have been
previously submitted by the State of Hawaii and approved by EPA. This
update affects the SIP materials that are available for public
inspection at the National Archives and Records Administration (NARA),
the Air and Radiation Docket and Information Center located EPA
Headquarters in Washington, DC, and the Regional Office.
DATES: Effective Date: This action is effective July 22, 2009.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations and
online at EPA Region IX Web site:
Air Division, Environmental Protection Agency, Region IX, 75 Hawthorne
Street San Francisco, CA 94105-3901.
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, Headquarters Library, Room Number 3334, EPA West
Building, 1301 Constitution Ave., NW., Washington, DC 20460.
Office of the Federal Register, 800 North Capitol Street, NW., Suite
700, Washington, DC.
If you wish to obtain materials from a docket in the EPA
Headquarters Library, please call the Office of Air and Radiation (OAR)
Docket/Telephone number: (202) 566-1742; or the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, (415) 947-4120 or by
e-mail at allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The SIP is a living document which the State revises as necessary
to address the unique air pollution problems. Therefore, EPA from time
to time must take action on SIP revisions containing new and/or revised
regulations to make them part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for incorporating by reference
federally-approved SIPs, as a result of consultations between EPA and
the Office of the Federal Register (OFR). The description of the
revised SIP document, IBR procedures and ``Identification of plan''
format are discussed in further detail in the May 22, 1997 Federal
Register document. On August 4, 2005 (70 FR 44852), as corrected on
August 23, 2005 (70 FR 49377), EPA published a document in the Federal
Register beginning the new IBR procedure for the State of Hawaii.
Today's action is an update to the August 4, 2005 document.
II. EPA Action
In this document, EPA is doing the following:
A. Announcing an update to the IBR material as of May 1, 2009; and
B. Revising the entries in paragraphs 52.620(b) and (c) to reflect
this update.
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) which, 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 codifies provisions which are already in effect as
a matter of law. 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. Likewise, there is no purpose served by delaying the effective
date of this action. Immediate notice in the CFR benefits the public by
removing outdated citations and incorrect chart entries.
III. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore 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 and
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
[[Page 36119]]
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not an economically 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 Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). EPA's compliance with these statutes and Executive Orders for
the underlying rules is discussed in previous actions taken on the
State's rules.
B. Submission to Congress and the Comptroller General
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 which are
already in effect as a matter of law. 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 [July 22,
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. This update to the Identification of
plan for Hawaii is not a ``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions 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 in this action to reopen the 60-day period for filing such
petitions for judicial review for this ``Identification of plan''
reorganization update action for the State of Hawaii.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: May 25, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
0
Part 52, 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--State of Hawaii
0
2. Section 52.620 is amended by revising paragraphs (b) and (c) to read
as follows:
Sec. 52.620 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed as incorporated
by reference in paragraphs (c) and (d) of this section with an EPA
approval date prior to May 1, 2009, was approved for incorporation by
reference by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists
on the date of the approval, and notice of any change in the material
will be published in the Federal Register. Entries in paragraphs (c)
and (d) of this section with EPA approval dates on or after May 1, 2009
will be incorporated by reference in the next update to the SIP
compilation.
(2) EPA Region IX certifies that the rules and regulations provided
by EPA in the SIP compilation at the addresses in paragraph (b)(3) of
this section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of May 1, 2009.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region IX Office at 75 Hawthorne Street, San
Francisco, CA 94105; the Air and Radiation Docket and Information
Center, U.S. Environmental Protection Agency, Room 3334, EPA West
Building, 1301 Constitution Avenue, NW., Washington, DC; or the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA approved regulations.
EPA-Approved State of Hawaii Regulations
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Effective
State citation Title/subject date EPA approval date Explanation
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Department of Health, Public
Health Regulations, Chapter
43, Air Pollution Control
Regulations:
Section 22................. Hearings and 12/26/1972 05/14/1973, 38 FR See also 74 FR 11037
Appeals. 12711. (March 16, 2009).
Section 23................. Application....... 03/28/1972 05/31/1972, 37 FR See also 74 FR 11037
10842. (March 16, 2009).
Department of Health, Title 11,
Chapter 60, Air Pollution
Control Regulations:
11-60-1.................... Definitions....... 11/29/1982 08/18/1983, 48 FR
37403.
[[Page 36120]]
11-60-2.................... Permit system, 11/29/1982 08/18/1983, 48 FR
applicability. 37403.
11-60-3.................... Permit system, 11/29/1982 08/18/1983, 48 FR
applications. 37403.
11-60-4.................... Permit system, 11/29/1982 08/18/1983, 48 FR
conditions for 37403.
considering
applications.
11-60-5.................... Permit system, 11/29/1982 08/18/1983, 48 FR
action on 37403.
applications.
11-60-6.................... Permit system, 11/29/1982 08/18/1983, 48 FR
performance 37403.
testing.
11-60-7.................... Permit system, 11/29/1982 08/18/1983, 48 FR
cancellation of 37403.
authority to
construct.
11-60-8.................... Permit system, 11/29/1982 08/18/1983, 48 FR
suspension or 37403.
revocation of
permit to operate.
11-60-9.................... Permit system, 11/29/1982 08/18/1983, 48 FR
transfer of 37403.
permit to operate.
11-60-10................... Permit system, 11/29/1982 08/18/1983, 48 FR
reporting 37403.
discontinuance or
dismantlement.
11-60-11................... Permit system, 11/29/1982 08/18/1983, 48 FR
posting of permit 37403.
to operate.
11-60-12................... Permit system, 11/29/1982 08/18/1983, 48 FR
fees. 37403.
11-60-13................... Permit system, fee 11/29/1982 08/18/1983, 48 FR
schedule for a 37403.
permit to operate.
11-60-14................... Permit system, 11/29/1982 08/18/1983, 48 FR
period of permit. 37403.
11-60-15................... Sampling, testing, 11/29/1982 08/18/1983, 48 FR
and reporting 37403.
methods.
11-60-16................... Malfunction of 11/29/1982 08/18/1983, 48 FR
equipment 37403.
reporting.
11-60-17................... Prohibition of air 11/29/1982 08/18/1983, 48 FR
pollution. 37403.
11-60-18................... Control of open 11/29/1982 08/18/1983, 48 FR
burning. 37403.
11-60-19................... Agricultural 11/29/1982 08/18/1983, 48 FR
burning, permit 37403.
requirement.
11-60-20................... Agricultural 11/29/1982 08/18/1983, 48 FR
burning, 37403.
applications.
11-60-21................... Agricultural 11/29/1982 08/18/1983, 48 FR
burning, ``no 37403.
burn'' days.
11-60-22................... Agricultural 11/29/1982 08/18/1983, 48 FR
burning, record 37403.
keeping and
monitoring.
11-60-23................... Agricultural 11/29/1982 08/18/1983, 48 FR
burning, action 37403.
on applications.
11-60-24................... Visible emissions. 11/29/1982 08/18/1983, 48 FR
37403.
11-60-25................... Control of motor 11/29/1982 08/18/1983, 48 FR
vehicles. 37403.
11-60-26................... Fugitive dust..... 11/29/1982 08/18/1983, 48 FR
37403.
11-60-27................... Incineration...... 11/29/1982 08/18/1983, 48 FR
37403.
11-60-28................... Bagasse-burning 11/29/1982 08/18/1983, 48 FR
boilers. 37403.
11-60-29................... Process industries 11/29/1982 08/18/1983, 48 FR
37403.
11-60-35................... Prevention of air 11/29/1982 08/18/1983, 48 FR
pollution 37403.
emergency
episodes.
11-60-37................... Penalties and 11/29/1982 08/18/1983, 48 FR
remedies. 37403.
11-60-38................... Severability...... 11/29/1982 08/18/1983, 48 FR
37403.
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[FR Doc. E9-17261 Filed 7-21-09; 8:45 am]
BILLING CODE 6560-50-P
