Revision to the Hawaii State Implementation Plan, Minor New Source Review Program, 24148-24151 [2012-9705]

Download as PDF 24148 Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2012–0213; FRL–9661–6] Revision to the Hawaii State Implementation Plan, Minor New Source Review Program Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Hawaii State Implementation Plan (SIP). These revisions would update and replace the minor new source review rules that EPA approved into the Hawaii SIP in 1983. DATES: This rule is effective on June 22, 2012 without further notice, unless EPA receives adverse comments by May 23, 2012. 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 comments, identified by docket number EPA–R09– OAR–2012–0213, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. Email: r9airpermits@epa.gov. SUMMARY: 3. Mail or deliver: Gerardo Rios (Air– 3), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or email. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send email directly to EPA, your email address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While EPA generally lists the documents in the docket in the index, some information may not be specifically listed as a line item in the index or may be publicly available only at the hard copy location (e.g., voluminous records, copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. The hard copy materials constitute the docket. FOR FURTHER INFORMATION CONTACT: Geoffrey Glass, EPA Region IX, (415) 972–3534, glass.geoffrey@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What rules did the State submit? B. What rules are being removed from the SIP? C. What is the purpose of the submitted rule revisions? II. EPA’s Evaluation and Action A. How is EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State’s Submittal A. What rules did the State submit? Table 1 lists the rules we are approving with the dates that they were adopted by the local air agency and submitted by the Hawaii Department of Health (HDOH). TABLE 1—SUBMITTED RULES Local agency WREIER-AVILES on DSK5TPTVN1PROD with RULES HDOH HDOH HDOH HDOH HDOH HDOH HDOH HDOH HDOH HDOH HDOH HDOH HDOH HDOH HDOH ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ Rule No. 11–60.1–3 11–60.1–5 11–60.1–7 11–60.1–12 11–60.1–19 11–60.1–81 11–60.1–82 11–60.1–83 11–60.1–84 11–60.1–91 11–60.1–92 11–60.1–93 11–60.1–99 11–60.1–103 11–60.1–104 On January 27, 2012, EPA determined that the submittal for Hawaii Department of Health Chapter 60.1 met the completeness criteria in 40 CFR Part VerDate Mar<15>2010 13:37 Apr 20, 2012 Rule title Jkt 226001 General conditions for considering applications .......................... Permit conditions ......................................................................... Transfer of permit ........................................................................ Air quality models ........................................................................ Penalties and remedies ............................................................... Definitions .................................................................................... Applicability .................................................................................. Initial covered source permit application ..................................... Duty to supplement or correct permit applications ...................... Temporary covered source permits ............................................. Covered source general permits ................................................. Federally-enforceable permit terms and conditions .................... Public participation ....................................................................... Applications for minor modifications ............................................ Applications for significant modifications ..................................... 51 Appendix V, which must be met before formal EPA review. PO 00000 Revised 11/14/03 11/14/03 11/14/03 11/14/03 11/14/03 11/14/03 11/14/03 11/14/03 11/14/03 11/14/03 11/14/03 11/14/03 11/14/03 11/14/03 11/14/03 Submitted 12/14/11 12/14/11 12/14/11 12/14/11 12/14/11 12/14/11 12/14/11 12/14/11 12/14/11 12/14/11 12/14/11 12/14/11 12/14/11 12/14/11 12/14/11 B. What rules are being removed from the SIP? Table 2 lists rules that we had previously approved into the SIP with the date of adoption by HDOH and the date of publication in the Federal Register. These rules are superseded by the rules listed in Table 1. Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.SGM 23APR1 Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations 24149 TABLE 2—DELETED RULES Local agency HDOH HDOH HDOH HDOH HDOH HDOH HDOH HDOH HDOH HDOH HDOH HDOH Rule No. ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ 11–60–02 11–60–03 11–60–04 11–60–05 11–60–07 11–60–08 11–60–09 11–60–11 11–60–12 11–60–13 11–60–14 11–60–37 C. What is the purpose of the submitted rule revisions? Section 110(a)(2)(C) of the Clean Air Act as amended in 1990 (CAA or the Act) requires States to include in their SIPs programs that regulate the construction and modification of stationary sources adequate to ensure that the national ambient air quality standards are achieved. The purpose of these revisions is to fulfill this requirement of the CAA as it applies to minor stationary sources and minor modifications made to major stationary sources. II. EPA’s Evaluation and Action A. How is EPA evaluating the rules? Generally, SIP rules must be enforceable (see section 110(a) of the Act), and must not relax existing requirements (see sections 110(l)). Specifically, EPA evaluates minor new source review programs included as a SIP submittal based on the criteria in subpart I of 40 CFR 51, excluding 40 CFR 51.165 and 50.166, which relate to review of new major sources and major modifications under part C or D of title I of the CAA. WREIER-AVILES on DSK5TPTVN1PROD with RULES B. Do the rules meet the evaluation criteria? We believe these rules are consistent with the relevant policy and guidance regarding enforceability and SIP relaxations and meet the criteria in subpart I of 40 CFR part 51 sections 160–164. The technical support document has more information on our evaluation. C. Public Comment and Final Action As authorized in section 110(k)(3) of the Act, EPA is fully approving the submitted rules because we believe they fulfill all relevant requirements. We do not think anyone will object to this approval, so we are finalizing it without proposing it in advance. However, in the Proposed Rules section of this VerDate Mar<15>2010 13:37 Apr 20, 2012 Rule title Jkt 226001 Permit system, applicability ......................................................... Permit system, applications ......................................................... Permit system, conditions for considering applications .............. Permit system, action on applications ......................................... 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, posting of permit to operate ............................... Permit system, fees ..................................................................... Permit system, fee schedule for a permit to operate .................. Permit system, period of permit .................................................. Penalties & remedies ................................................................... Federal Register, we are simultaneously proposing approval of the same submitted rules. If we receive adverse comments by May 23, 2012, 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 without further notice on June 22, 2012. This will incorporate these rules into the federally enforceable SIP for Hawaii. Please note that if 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, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. III. Statutory and Executive Order Reviews Under the Clean Air Act, 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, EPA’s role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: • 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); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a PO 00000 Adopted Frm 00013 Fmt 4700 Sfmt 4700 11/29/82 11/29/82 11/29/82 11/29/82 11/29/82 11/29/82 11/29/82 11/29/82 11/29/82 11/29/82 11/29/82 11/29/82 Published 8/18/83 8/18/83 8/18/83 8/18/83 8/18/83 8/18/83 8/18/83 8/18/83 8/18/83 8/18/83 8/18/83 8/18/83 substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • 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); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • 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; and • Does not provide EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. 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 E:\FR\FM\23APR1.SGM 23APR1 24150 Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action 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). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 22, 2012. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the Proposed Rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, New source review, Reporting and recordkeeping requirements. Dated: March 20, 2012. Jared Blumenfeld, Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: Authority: 42 U.S.C. 7401 et seq. Subpart M—Hawaii 2. In § 52.620, the table in paragraph (c) is amended by: ■ a. Removing the following twelve entries under the category for Title 11, Chapter 60: 11–60–2, 11–60–3, 11–60–4, 11–60–5, 11–60–7, 11–60–8, 11–60–9, 11–60–11, 11–60–12, 11–60–13, 11–60– 14, and 11–60–37. ■ b. Adding the following fifteen entries in numerical order under the category for Chapter 60.1: Sections 11–60.1–3, 11–60.1–5, 11–60.1–7, 11–60.1–12, 11– 60.1–19, 11–60.1–81, 11–60.1–82, 11– 60.1–83, 11–60.1–84, 11–60.1–91, 11– 60.1–92, 11–60.1–93, 11–60.1–99, 11– 60.1–103, and 11–60.1–104. The additions read as follows: ■ § 52.620 * PART 52—[AMENDED] Identification of plan. * * (c) * * * * * 1. The authority citation for Part 52 continues to read as follows: ■ EPA-APPROVED STATE OF HAWAII REGULATIONS State citation Effective date Title/subject EPA Approval date * Hawaii Administrative Rules. * * * 11–60.1–3 ................................. * General conditions for considering applications. * .................. * 04/23/2012 [Insert page number where the document begins]. * * Supersedes 11–60–04, 11– 60–11, 11–60–13, 11–60– 14. * * 11–60.1–5 ................................. * Permit conditions ..................... * .................. Transfer of permit .................... .................. * 04/23/2012 [Insert page number where the document begins]. 04/23/2012 [Insert page number where the document begins]. * New regulation. 11–60.1–7 ................................. * * 11–60.1–12 ............................... * Air quality models .................... * .................. * 04/23/2012 [Insert page number where the document begins]. * New regulation. * * * 11–60.1–19 ............................... WREIER-AVILES on DSK5TPTVN1PROD with RULES * * Department of Health, Title 11, Chapter 60.1, Air Pollution Control. * Penalties and remedies .......... * .................. * 04/23/2012 [Insert page number where the document begins]. * Supersedes 11–60–37. * * * 11–60.1–81 ............................... * Definitions ............................... * .................. * New regulation. * 11–60.1–82 ............................... Applicability ............................. .................. * 04/23/2012 [Insert page number where the document begins]. 04/23/2012 [Insert page number where the document begins]. VerDate Mar<15>2010 13:37 Apr 20, 2012 Jkt 226001 PO 00000 Frm 00014 Fmt 4700 * Explanation Sfmt 4700 E:\FR\FM\23APR1.SGM * 23APR1 * * Supersedes 11–60–09. Supersedes 11–60–02. Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations 24151 EPA-APPROVED STATE OF HAWAII REGULATIONS—Continued State citation Effective date Title/subject EPA Approval date 04/23/2012 [Insert page number where the document begins]. 04/23/2012 [Insert page number where the document begins]. 04/23/2012 [Insert page number where the document begins]. 04/23/2012 [Insert page number where the document begins]. 04/23/2012 [Insert page number where the document begins]. 04/23/2012 [Insert page number where the document begins]. 04/23/2012 [Insert page number where the document begins]. 04/23/2012 [Insert page number where the document begins]. 11–60.1–83 ............................... Initial covered source permit application. .................. 11–60.1–84 ............................... Duty to supplement or correct permit applications. .................. 11–60.1–91 ............................... Temporary covered source permits. .................. 11–60.1–92 ............................... Covered source general permits. .................. 11–60.1–93 ............................... Federally-enforceable permit terms and conditions. .................. 11–60.1–99 ............................... Public participation .................. .................. 11–60.1–103 ............................. Applications for minor modifications. .................. 11–60.1–104 ............................. Applications for significant modifications. .................. * * * * * BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 120412408–2408–01] RIN 0648–XA795 Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Final 2012 Summer Flounder, Scup, and Black Sea Bass Specifications National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS is implementing final specifications, which consist of catch levels and management measures, for the 2012 summer flounder, scup, and black sea bass fisheries. The specifications are necessary to ensure the three species are not overfished or subject to overfishing in 2012. This final rule makes no changes to the interim specifications implemented on January 1, 2012, which were established using the best available scientific information. DATES: Effective April 23, 2012, through December 31, 2012. WREIER-AVILES on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 13:37 Apr 20, 2012 Copies of the 2012 specifications document, which includes an Environmental Assessment (EA), are available from Daniel S. Morris, Acting Northeast Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. This document is also accessible via the Internet at https://www.nero.noaa.gov. FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst, (978) 281–9218. SUPPLEMENTARY INFORMATION: On December 30, 2011 (76 FR 82189), NMFS published interim specifications for the summer flounder, scup, and black sea bass fisheries, including commercial quotas, recreational harvest limits, and, as appropriate, commercial possession limits. These interim specifications were effective on January 1, 2012, through December 31, 2012. The background and rationale supporting the interim specifications can be found in the preamble to the interim final rule cited above and are not repeated here. As discussed in the interim final rule cited above, on December 14, 2011, the Mid-Atlantic Fishery Management Council (Council), and its Scientific and Statistical Committee (SSC), met to reconsider new stock assessment information on scup and summer flounder and to develop revised recommendations to NMFS for the 2012 specifications. The Council’s revised recommendations are consistent with ADDRESSES: [FR Doc. 2012–9705 Filed 4–20–12; 8:45 am] Jkt 226001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 Explanation Supersedes 11–60–03, 11– 60–05, 11–60–07, 11–60– 08, 11–60–12. New regulation. New regulation. New regulation. New regulation. New regulation. New regulation. New regulation. the measures implemented by NMFS in the interim final rule, so no changes to the interim specifications are necessary to address the Council’s action. As part of the interim final rule, NMFS solicited comment on the interim measures and acknowledged that it may adjust, as needed, the final 2012 specifications based on the Council’s recommendations and public comment on the interim measures. During the 30day comment period on the interim final rule, NMFS received three comments. These comments are addressed later in this final rule, but none warrant any changes to the interim specifications. Therefore, this final rule makes no changes to the measures implemented on January 1, 2012, for the 2012 fishing year, which remain as follows: Summer Flounder The updated stock assessment overfishing limit (OFL) is 31,588,000 lb (14,328 mt). The projected 2012 spawning stock biomass (SSB) is 134,667,008 lb (61,084 mt), above the SSBMSY (where MSY means maximum sustainable yield) level of 132,440,000 lb (60,074 mt). Thus, the B/BMSY ratio is 1.01. Applying the Council’s risk policy results in an overfishing risk tolerance (P*) of 0.40, or a 40-percent risk of overfishing the summer flounder stock. Using this information, the resulting acceptable biological catch (ABC) remains 25,581,054 lb (11,603 mt), Consistent with § 648.102(a), for summer flounder, the sum of the E:\FR\FM\23APR1.SGM 23APR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Rules and Regulations]
[Pages 24148-24151]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9705]

[[Page 24148]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0213; FRL-9661-6]

Revision to the Hawaii State Implementation Plan, Minor New
Source Review Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Hawaii State Implementation
Plan (SIP). These revisions would update and replace the minor new
source review rules that EPA approved into the Hawaii SIP in 1983.

DATES: This rule is effective on June 22, 2012 without further notice,
unless EPA receives adverse comments by May 23, 2012. 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 comments, identified by docket number EPA-R09-OAR-
2012-0213, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: r9airpermits@epa.gov.
3. Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California. While EPA generally
lists the documents in the docket in the index, some information may
not be specifically listed as a line item in the index or may be
publicly available only at the hard copy location (e.g., voluminous
records, copyrighted material), and some may not be publicly available
in either location (e.g., CBI). To inspect the hard copy materials,
please schedule an appointment during normal business hours with the
contact listed in the FOR FURTHER INFORMATION CONTACT section. The hard
copy materials constitute the docket.

FOR FURTHER INFORMATION CONTACT: Geoffrey Glass, EPA Region IX, (415)
972-3534, glass.geoffrey@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
A. What rules did the State submit?
B. What rules are being removed from the SIP?
C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agency and submitted by the Hawaii
Department of Health (HDOH).

Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Revised Submitted
----------------------------------------------------------------------------------------------------------------
HDOH.................................. 11-60.1-3 General conditions for 11/14/03 12/14/11
considering applications.
HDOH.................................. 11-60.1-5 Permit conditions............. 11/14/03 12/14/11
HDOH.................................. 11-60.1-7 Transfer of permit............ 11/14/03 12/14/11
HDOH.................................. 11-60.1-12 Air quality models............ 11/14/03 12/14/11
HDOH.................................. 11-60.1-19 Penalties and remedies........ 11/14/03 12/14/11
HDOH.................................. 11-60.1-81 Definitions................... 11/14/03 12/14/11
HDOH.................................. 11-60.1-82 Applicability................. 11/14/03 12/14/11
HDOH.................................. 11-60.1-83 Initial covered source permit 11/14/03 12/14/11
application.
HDOH.................................. 11-60.1-84 Duty to supplement or correct 11/14/03 12/14/11
permit applications.
HDOH.................................. 11-60.1-91 Temporary covered source 11/14/03 12/14/11
permits.
HDOH.................................. 11-60.1-92 Covered source general permits 11/14/03 12/14/11
HDOH.................................. 11-60.1-93 Federally-enforceable permit 11/14/03 12/14/11
terms and conditions.
HDOH.................................. 11-60.1-99 Public participation.......... 11/14/03 12/14/11
HDOH.................................. 11-60.1-103 Applications for minor 11/14/03 12/14/11
modifications.
HDOH.................................. 11-60.1-104 Applications for significant 11/14/03 12/14/11
modifications.
----------------------------------------------------------------------------------------------------------------

On January 27, 2012, EPA determined that the submittal for Hawaii
Department of Health Chapter 60.1 met the completeness criteria in 40
CFR Part 51 Appendix V, which must be met before formal EPA review.

B. What rules are being removed from the SIP?

Table 2 lists rules that we had previously approved into the SIP
with the date of adoption by HDOH and the date of publication in the
Federal Register. These rules are superseded by the rules listed in
Table 1.

[[Page 24149]]

Table 2--Deleted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Published
----------------------------------------------------------------------------------------------------------------
HDOH.................................. 11-60-02 Permit system, applicability.. 11/29/82 8/18/83
HDOH.................................. 11-60-03 Permit system, applications... 11/29/82 8/18/83
HDOH.................................. 11-60-04 Permit system, conditions for 11/29/82 8/18/83
considering applications.
HDOH.................................. 11-60-05 Permit system, action on 11/29/82 8/18/83
applications.
HDOH.................................. 11-60-07 Permit system, cancellation of 11/29/82 8/18/83
authority to construct.
HDOH.................................. 11-60-08 Permit system, suspension or 11/29/82 8/18/83
revocation of permit to
operate.
HDOH.................................. 11-60-09 Permit system, transfer of 11/29/82 8/18/83
permit to operate.
HDOH.................................. 11-60-11 Permit system, posting of 11/29/82 8/18/83
permit to operate.
HDOH.................................. 11-60-12 Permit system, fees........... 11/29/82 8/18/83
HDOH.................................. 11-60-13 Permit system, fee schedule 11/29/82 8/18/83
for a permit to operate.
HDOH.................................. 11-60-14 Permit system, period of 11/29/82 8/18/83
permit.
HDOH.................................. 11-60-37 Penalties & remedies.......... 11/29/82 8/18/83
----------------------------------------------------------------------------------------------------------------

C. What is the purpose of the submitted rule revisions?

Section 110(a)(2)(C) of the Clean Air Act as amended in 1990 (CAA
or the Act) requires States to include in their SIPs programs that
regulate the construction and modification of stationary sources
adequate to ensure that the national ambient air quality standards are
achieved. The purpose of these revisions is to fulfill this requirement
of the CAA as it applies to minor stationary sources and minor
modifications made to major stationary sources.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

Generally, SIP rules must be enforceable (see section 110(a) of the
Act), and must not relax existing requirements (see sections 110(l)).
Specifically, EPA evaluates minor new source review programs
included as a SIP submittal based on the criteria in subpart I of 40
CFR 51, excluding 40 CFR 51.165 and 50.166, which relate to review of
new major sources and major modifications under part C or D of title I
of the CAA.

B. Do the rules meet the evaluation criteria?

We believe these rules are consistent with the relevant policy and
guidance regarding enforceability and SIP relaxations and meet the
criteria in subpart I of 40 CFR part 51 sections 160-164. The technical
support document has more information on our evaluation.

C. Public Comment and Final Action

As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by May 23, 2012, 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
without further notice on June 22, 2012. This will incorporate these
rules into the federally enforceable SIP for Hawaii.
Please note that if 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, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

Under the Clean Air Act, 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, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
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);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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; and
Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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

[[Page 24150]]

copy of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action 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).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 22, 2012. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, New source review,
Reporting and recordkeeping requirements.

Dated: March 20, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

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--Hawaii

0
2. In Sec. 52.620, the table in paragraph (c) is amended by:
0
a. Removing the following twelve entries under the category for Title
11, Chapter 60: 11-60-2, 11-60-3, 11-60-4, 11-60-5, 11-60-7, 11-60-8,
11-60-9, 11-60-11, 11-60-12, 11-60-13, 11-60-14, and 11-60-37.
0
b. Adding the following fifteen entries in numerical order under the
category for Chapter 60.1: Sections 11-60.1-3, 11-60.1-5, 11-60.1-7,
11-60.1-12, 11-60.1-19, 11-60.1-81, 11-60.1-82, 11-60.1-83, 11-60.1-84,
11-60.1-91, 11-60.1-92, 11-60.1-93, 11-60.1-99, 11-60.1-103, and 11-
60.1-104.
The additions read as follows:

Sec. 52.620 Identification of plan.

* * * * *
(c) * * *

EPA-Approved State of Hawaii Regulations
----------------------------------------------------------------------------------------------------------------
State citation Title/subject Effective date EPA Approval date Explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Department of Health, Title 11, Hawaii
Chapter 60.1, Air Pollution Administrative
Control. Rules.

* * * * * * *
11-60.1-3....................... General conditions ................. 04/23/2012 [Insert Supersedes 11-60-
for considering page number where 04, 11-60-11, 11-
applications. the document 60-13, 11-60-14.
begins].

* * * * * * *
11-60.1-5....................... Permit conditions.. ................. 04/23/2012 [Insert New regulation.
page number where
the document
begins].
11-60.1-7....................... Transfer of permit. ................. 04/23/2012 [Insert Supersedes 11-60-
page number where 09.
the document
begins].

* * * * * * *
11-60.1-12...................... Air quality models. ................. 04/23/2012 [Insert New regulation.
page number where
the document
begins].

* * * * * * *
11-60.1-19...................... Penalties and ................. 04/23/2012 [Insert Supersedes
remedies. page number where 11-60-37.
the document
begins].

* * * * * * *
11-60.1-81...................... Definitions........ ................. 04/23/2012 [Insert New regulation.
page number where
the document
begins].
11-60.1-82...................... Applicability...... ................. 04/23/2012 [Insert Supersedes 11-60-
page number where 02.
the document
begins].

[[Page 24151]]

11-60.1-83...................... Initial covered ................. 04/23/2012 [Insert Supersedes 11-60-
source permit page number where 03, 11-60-05, 11-
application. the document 60-07, 11-60-08,
begins]. 11-60-12.
11-60.1-84...................... Duty to supplement ................. 04/23/2012 [Insert New regulation.
or correct permit page number where
applications. the document
begins].
11-60.1-91...................... Temporary covered ................. 04/23/2012 [Insert New regulation.
source permits. page number where
the document
begins].
11-60.1-92...................... Covered source ................. 04/23/2012 [Insert New regulation.
general permits. page number where
the document
begins].
11-60.1-93...................... Federally- ................. 04/23/2012 [Insert New regulation.
enforceable permit page number where
terms and the document
conditions. begins].
11-60.1-99...................... Public ................. 04/23/2012 [Insert New regulation.
participation. page number where
the document
begins].
11-60.1-103..................... Applications for ................. 04/23/2012 [Insert New regulation.
minor page number where
modifications. the document
begins].
11-60.1-104..................... Applications for ................. 04/23/2012 [Insert New regulation.
significant page number where
modifications. the document
begins].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2012-9705 Filed 4-20-12; 8:45 am]
BILLING CODE 6560-50-P

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