Revision to the Hawaii State Implementation Plan, Minor New Source Review Program, 24148-24151 [2012-9705]
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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
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
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HDOH
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HDOH
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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
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Rule title
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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.
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Submitted
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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.
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TABLE 2—DELETED RULES
Local agency
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
Rule No.
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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.
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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
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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
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Published
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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
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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 ...............................
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*
*
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].
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*
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.
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SUMMARY:
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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]
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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
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]]>Agencies
[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
