Revisions to the Hawaii State Implementation Plan, 25084-25087 [2012-10102]
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25084
Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0082; FRL–9634–1]
Revisions to the Hawaii State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Hawaii State Implementation Plan (SIP).
These revisions concern volatile organic
compound (VOC), oxides of nitrogen
(NOX), and particulate matter (PM)
emissions from motor vehicles, water
separation, pumps, compressors, waste
gas, and open burning, as well as several
administrative requirements. We are
approving local rules that regulate these
emission sources under the Clean Air
Act as amended in 1990 (CAA or the
Act).
SUMMARY:
This rule is effective on June 26,
2012 without further notice, unless EPA
receives adverse comments by May 29,
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–2012–0082, by one of the
following methods:
DATES:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), 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.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), 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.
FOR FURTHER INFORMATION CONTACT:
Nicole Law, EPA Region IX, (415) 947–
4126, law.nicole@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. Are there other versions of these rules?
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
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Local agency
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
HDOH
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Rule No.
11–60.1–1
11–60.1–2
11–60.1–4
11–60.1–8
11–60.1–11
11–60.1–14
11–60.1–15
11–60.1–16
11–60.1–17
11–60.1–20
11–60.1–32
11–60.1–34
11–60.1–40
11–60.1–41
11–60.1–42
11–60.1–51
11–60.1–53
11–60.1–54
11–60.1–56
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Rule title
Revised
Definitions ...............................................................................
Prohibition of air pollution .......................................................
Certification .............................................................................
Reporting discontinuance .......................................................
Sampling, testing, and reporting methods ..............................
Public access to information ...................................................
Reporting of equipment shutdown ..........................................
Prompt reporting of deviations ................................................
Prevention of air pollution emergency episodes ....................
Severability .............................................................................
Visible emissions ....................................................................
Motor vehicles .........................................................................
Volatile organic compound water separation .........................
Pump and compressor requirements .....................................
Waste gas disposal .................................................................
Definitions ...............................................................................
Agricultural burning: permit requirement ................................
Agricultural burning: applications ............................................
Agricultural burning: recordkeeping and monitoring ...............
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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations
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. Are there other versions of these
rules?
There are no previous versions of
Rules 11–60.1–4, 11–60.1–14, 11–60.1–
40, 11–60.1–41, 11–60.1–42, and 11–
60.1–51 in the SIP. We approved earlier
versions of Rules 11–60.1–1 (formerly
numbered 11–60–1), 11–60.1–2 (11–60–
17), 11–60.1–8 (11–60–10), 11–60.1–11
(11–60–15 and 11–60–6), 11–60.1–15
(11–60–16), 11–60.1–16 (11–60–16), 11–
60.1–17 (11–60–35), 11–60.1–20 (11–
60–38), 11–60.1–32 (11–60–24), 11–
60.1–34 (11–60–25), 11–60.1–53 (11–
60–19), 11–60.1–54 (11–60–20), and 11–
60.1–56 (11–60–22) into the SIP on
August 18, 1983 (48 FR 37402). The
HDOH adopted revisions to the SIPapproved versions on November 14,
2003 and submitted them to us on
December 14, 2011.
C. What is the purpose of the submitted
rule revisions?
VOCs and NOX help produce groundlevel ozone and smog, which harm
human health and the environment. PM
contributes to effects that are harmful to
human health and the environment,
including premature mortality,
aggravation of respiratory and
cardiovascular disease, decreased lung
function, visibility impairment, and
damage to vegetation and ecosystems.
Section 110(a) of the CAA requires
States to submit regulations that control
VOC, NOX, and PM emissions. New
rules requiring controls on water
separation units, pumps, compressors,
and waste gas disposal have been
adopted. Several rule revisions have
been made to update and clarify
administrative rules. EPA’s technical
support document (TSD) has more
information about these rules.
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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)).
Section 193 of the CAA does not apply
to this action because the entire State of
Hawaii is designated unclassifiable/
attainment for all of the current
NAAQS.
B. Do the rules meet the evaluation
criteria?
We believe these rules are consistent
with the relevant policy and guidance
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regarding enforceability and SIP
relaxations. The TSD 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 29, 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 26, 2012.
This will incorporate these rules into
the federally enforceable SIP.
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.);
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• 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
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 26, 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
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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations
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
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: February 1, 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]
1. The authority citation for Part 52
continues to read 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 thirteen
entries under the category for Title 11,
■
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Chapter 60: 11–60–1, 11–60–6, 11–60–
10, 11–60–15, 11–60–16, 11–60–17, 11–
60–19, 11–60–20, 11–60–22, 11–60–24,
11–60–25, 11–60–35, and 11–60–38.
■ b. Following all entries in the category
for Chapter 60, adding a new category
for Chapter 60.1.
■ c. Adding the following nineteen new
entries under the category for Chapter
60.1: sections 11–60.1–1, 11–60.1–2,
11–60.1–4, 11–60.1–8, 11–60.1–11, 11–
60.1–14, 11–60.1–15, 11–60.1–16, 11–
60.1–17, 11–60.1–20, 11–60.1–32, 11–
60.1–34, 11–60.1–40, 11–60.1–41, 11–
60.1–42, 11–60.1–51, 11–60.1–53, 11–
60.1–54, and 11–60.1–56.
The amendments to paragraph(c) read
as follows:
§ 52.620
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED STATE OF HAWAII REGULATIONS
State citation
*
Title/subject
*
Effective date
*
*
*
Department of Health, Title
11, Chapter 60.1, Air Pollution Control.
Definitions ..............................
11/14/2003
11–60.1–2 ...............................
Prohibition of air pollution ......
11/14/2003
11–60.1–4 ...............................
Certification ............................
11/14/2003
11–60.1–8 ...............................
Reporting discontinuance ......
11/14/2003
11–60.1–11 .............................
Sampling, testing, and reporting methods.
11/14/2003
11–60.1–14 .............................
Public access to information ..
11/14/2003
11–60.1–15 .............................
Reporting of equipment shutdown.
11/14/2003
11–60.1–16 .............................
Prompt reporting of deviations
11/14/2003
11–60.1–17 .............................
Prevention of air pollution
emergency episodes.
11/14/2003
11–60.1–20 .............................
Severability ............................
11/14/2003
11–60.1–32 .............................
Visible emissions ...................
11/14/2003
11–60.1–34 .............................
Motor vehicles ........................
11/14/2003
Explanation
*
*
Hawaii Administrative Rules
11–60.1–1 ...............................
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Supersedes 11–60–1.
Supersedes 11–60–17.
New regulation.
Supersedes 11–60–10.
Supersedes 11–60–15 and
11–60–6.
New regulation.
Supersedes 11–60–16.
Supersedes 11–60–16.
Supersedes 11–60–35.
Supersedes 11–60–38.
Supersedes 11–60–24.
Supersedes 11–60–25.
Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations
25087
EPA-APPROVED STATE OF HAWAII REGULATIONS—Continued
State citation
Title/subject
Effective date
11–60.1–40 .............................
Volatile organic compound
water separation.
11/14/2003
11–60.1–41 .............................
Pump and compressor requirements.
11/14/2003
11–60.1–42 .............................
Waste gas disposal ...............
11/14/2003
11–60.1–51 .............................
Definitions ..............................
11/14/2003
11–60.1–53 .............................
Agricultural burning: permit
requirement.
11/14/2003
11–60.1–54 .............................
Agricultural burning: applications.
11/14/2003
11–60.1–56 .............................
Agricultural burning: recordkeeping and monitoring.
11/14/2003
*
*
*
*
*
[FR Doc. 2012–10102 Filed 4–26–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2009–0559; FRL–9664–9]
RIN 2060–AP90
Denial of Reconsideration Petitions on
Standards of Performance for New
Stationary Sources and Emission
Guidelines for Existing Sources:
Sewage Sludge Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Denial of petitions for
reconsideration.
AGENCY:
The EPA is providing notice
that it has denied two petitions for
reconsideration of a final rule published
in the Federal Register on March 21,
2011. The rule established new source
performance standards and emission
guidelines for sewage sludge
incineration units located at wastewater
treatment facilities designed to treat
domestic sewage sludge, and was issued
pursuant to the EPA’s authority under
Clean Air Act section 129 to regulate
solid waste incineration units. After
publication of the rule, the EPA
received petitions for reconsideration of
the final rule from the National
Association of Clean Water Agencies
(NACWA) (dated May 24, 2011) and the
Sierra Club (dated May 20, 2011). After
carefully considering the petitions and
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SUMMARY:
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EPA approval date
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begins].
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begins].
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begins].
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begins].
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begins].
4/27/2012 [Insert page number where the document
begins].
4/27/2012 [Insert page number where the document
begins].
supporting information, in reaching a
decision on the petitions, EPA
Administrator Lisa P. Jackson denied
the petitions for reconsideration on
April 6, 2012, in separate letters to the
petitioners. EPA denied the petitions
because they fail to meet the procedural
test for reconsideration under CAA
section 307(d)(7)(B), and/or are not of
central relevance to the outcome of the
rule, both of which are necessary
conditions precedent to granting
reconsideration. The letters explain in
detail EPA’s reasons for the denials.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Hambrick, Sector Policies and
Programs Division (E143–03), Office of
Air Quality Planning and Standards,
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
0964; fax number: (919) 541–3470;
email address: hambrick.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
I. How can I get copies of this document
and other related information?
This Federal Register notice, the
petitions for reconsideration, and the
letters denying the petitions for
reconsideration are available in the
docket that the EPA established for the
‘‘Standards of Performance for New
Stationary Sources and Emission
Guidelines for Existing Sources: Sewage
Sludge Incineration Units’’ under
Docket ID No. EPA–HQ–OAR–2009–
0559. The document identification
numbers for the petitions for
reconsideration are: Sierra Club, EPA–
HQ–OAR–2009–0559–0173; and
NACWA, EPA–HQ–OAR–2009–0559–
0174 (petition). The document
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Explanation
New regulation.
New regulation.
New regulation.
Supersedes 11–60–1.
Supersedes 11–60–19.
Supersedes 11–60–20.
Supersedes 11–60–22.
identification number for EPA’s
response letters are EPA–HQ–OAR–
2009–0559–0181. All documents in the
docket are listed on the
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, e.g., confidential
business information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the EPA Docket Center (Air Docket),
EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744
and the telephone number for the Air
Docket is (202) 566–1742.
This Federal Register notice, the
petitions for reconsideration and the
letters denying the petitions can also be
found on the EPA’s Web site at https://
www.epa.gov/ttn/atw/129/ssi/
ssipg.html. The ‘‘Standards of
Performance for New Stationary Sources
and Emission Guidelines for Existing
Sources: Sewage Sludge Incineration
Units’’ rules were published in the
Federal Register on March 21, 2011, at
76 FR 15372.
II. Judicial Review
Any petitions for review of the letters
denying the petitions for
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]]>Agencies
[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Rules and Regulations]
[Pages 25084-25087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10102]
[[Page 25084]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0082; FRL-9634-1]
Revisions to the Hawaii State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Hawaii State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC), oxides of nitrogen (NOX),
and particulate matter (PM) emissions from motor vehicles, water
separation, pumps, compressors, waste gas, and open burning, as well as
several administrative requirements. We are approving local rules that
regulate these emission sources under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: This rule is effective on June 26, 2012 without further notice,
unless EPA receives adverse comments by May 29, 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-
2012-0082, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (Air-4), 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. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), 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.
FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126, law.nicole@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. Are there other versions of these rules?
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.................................. 11-60.1-1 Definitions............. 11/14/03 12/14/11
HDOH.................................. 11-60.1-2 Prohibition of air 11/14/03 12/14/11
pollution.
HDOH.................................. 11-60.1-4 Certification........... 11/14/03 12/14/11
HDOH.................................. 11-60.1-8 Reporting discontinuance 11/14/03 12/14/11
HDOH.................................. 11-60.1-11 Sampling, testing, and 11/14/03 12/14/11
reporting methods.
HDOH.................................. 11-60.1-14 Public access to 11/14/03 12/14/11
information.
HDOH.................................. 11-60.1-15 Reporting of equipment 11/14/03 12/14/11
shutdown.
HDOH.................................. 11-60.1-16 Prompt reporting of 11/14/03 12/14/11
deviations.
HDOH.................................. 11-60.1-17 Prevention of air 11/14/03 12/14/11
pollution emergency
episodes.
HDOH.................................. 11-60.1-20 Severability............ 11/14/03 12/14/11
HDOH.................................. 11-60.1-32 Visible emissions....... 11/14/03 12/14/11
HDOH.................................. 11-60.1-34 Motor vehicles.......... 11/14/03 12/14/11
HDOH.................................. 11-60.1-40 Volatile organic 11/14/03 12/14/11
compound water
separation.
HDOH.................................. 11-60.1-41 Pump and compressor 11/14/03 12/14/11
requirements.
HDOH.................................. 11-60.1-42 Waste gas disposal...... 11/14/03 12/14/11
HDOH.................................. 11-60.1-51 Definitions............. 11/14/03 12/14/11
HDOH.................................. 11-60.1-53 Agricultural burning: 11/14/03 12/14/11
permit requirement.
HDOH.................................. 11-60.1-54 Agricultural burning: 11/14/03 12/14/11
applications.
HDOH.................................. 11-60.1-56 Agricultural burning: 11/14/03 12/14/11
recordkeeping and
monitoring.
----------------------------------------------------------------------------------------------------------------
[[Page 25085]]
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. Are there other versions of these rules?
There are no previous versions of Rules 11-60.1-4, 11-60.1-14, 11-
60.1-40, 11-60.1-41, 11-60.1-42, and 11-60.1-51 in the SIP. We approved
earlier versions of Rules 11-60.1-1 (formerly numbered 11-60-1), 11-
60.1-2 (11-60-17), 11-60.1-8 (11-60-10), 11-60.1-11 (11-60-15 and 11-
60-6), 11-60.1-15 (11-60-16), 11-60.1-16 (11-60-16), 11-60.1-17 (11-60-
35), 11-60.1-20 (11-60-38), 11-60.1-32 (11-60-24), 11-60.1-34 (11-60-
25), 11-60.1-53 (11-60-19), 11-60.1-54 (11-60-20), and 11-60.1-56 (11-
60-22) into the SIP on August 18, 1983 (48 FR 37402). The HDOH adopted
revisions to the SIP-approved versions on November 14, 2003 and
submitted them to us on December 14, 2011.
C. What is the purpose of the submitted rule revisions?
VOCs and NOX help produce ground-level ozone and smog,
which harm human health and the environment. PM contributes to effects
that are harmful to human health and the environment, including
premature mortality, aggravation of respiratory and cardiovascular
disease, decreased lung function, visibility impairment, and damage to
vegetation and ecosystems. Section 110(a) of the CAA requires States to
submit regulations that control VOC, NOX, and PM emissions.
New rules requiring controls on water separation units, pumps,
compressors, and waste gas disposal have been adopted. Several rule
revisions have been made to update and clarify administrative rules.
EPA's technical support document (TSD) has more information about these
rules.
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)).
Section 193 of the CAA does not apply to this action because the entire
State of Hawaii is designated unclassifiable/attainment for all of the
current NAAQS.
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. The TSD 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 29, 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 26, 2012. This will incorporate these
rules into the federally enforceable SIP.
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 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 26, 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
[[Page 25086]]
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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 1, 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 thirteen entries under the category for Title
11, Chapter 60: 11-60-1, 11-60-6, 11-60-10, 11-60-15, 11-60-16, 11-60-
17, 11-60-19, 11-60-20, 11-60-22, 11-60-24, 11-60-25, 11-60-35, and 11-
60-38.
0
b. Following all entries in the category for Chapter 60, adding a new
category for Chapter 60.1.
0
c. Adding the following nineteen new entries under the category for
Chapter 60.1: sections 11-60.1-1, 11-60.1-2, 11-60.1-4, 11-60.1-8, 11-
60.1-11, 11-60.1-14, 11-60.1-15, 11-60.1-16, 11-60.1-17, 11-60.1-20,
11-60.1-32, 11-60.1-34, 11-60.1-40, 11-60.1-41, 11-60.1-42, 11-60.1-51,
11-60.1-53, 11-60.1-54, and 11-60.1-56.
The amendments to paragraph(c) 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 Administrative Rules
Chapter 60.1, Air Pollution
Control.
----------------------------------------------------------------------------------------------------------------
11-60.1-1........................ Definitions........ 11/14/2003 4/27/2012 [Insert Supersedes 11-60-1.
page number where
the document
begins].
11-60.1-2........................ Prohibition of air 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
pollution. page number where 17.
the document
begins].
11-60.1-4........................ Certification...... 11/14/2003 4/27/2012 [Insert New regulation.
page number where
the document
begins].
11-60.1-8........................ Reporting 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
discontinuance. page number where 10.
the document
begins].
11-60.1-11....................... Sampling, testing, 11/14/2003 4/27/2012 [Insert Supersedes 11-60-15
and reporting page number where and 11-60-6.
methods. the document
begins].
11-60.1-14....................... Public access to 11/14/2003 4/27/2012 [Insert New regulation.
information. page number where
the document
begins].
11-60.1-15....................... Reporting of 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
equipment shutdown. page number where 16.
the document
begins].
11-60.1-16....................... Prompt reporting of 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
deviations. page number where 16.
the document
begins].
11-60.1-17....................... Prevention of air 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
pollution page number where 35.
emergency episodes. the document
begins].
11-60.1-20....................... Severability....... 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
page number where 38.
the document
begins].
11-60.1-32....................... Visible emissions.. 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
page number where 24.
the document
begins].
11-60.1-34....................... Motor vehicles..... 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
page number where 25.
the document
begins].
[[Page 25087]]
11-60.1-40....................... Volatile organic 11/14/2003 4/27/2012 [Insert New regulation.
compound water page number where
separation. the document
begins].
11-60.1-41....................... Pump and compressor 11/14/2003 4/27/2012 [Insert New regulation.
requirements. page number where
the document
begins].
11-60.1-42....................... Waste gas disposal. 11/14/2003 4/27/2012 [Insert New regulation.
page number where
the document
begins].
11-60.1-51....................... Definitions........ 11/14/2003 4/27/2012 [Insert Supersedes 11-60-1.
page number where
the document
begins].
11-60.1-53....................... Agricultural 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
burning: permit page number where 19.
requirement. the document
begins].
11-60.1-54....................... Agricultural 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
burning: page number where 20.
applications. the document
begins].
11-60.1-56....................... Agricultural 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
burning: page number where 22.
recordkeeping and the document
monitoring. begins].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-10102 Filed 4-26-12; 8:45 am]
BILLING CODE 6560-50-P
