Approval and Promulgation of Implementation Plans; State of Hawaii; Update to Materials Incorporated by Reference, 11984-11987 [2013-03842]

Download as PDF 11984 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Rules and Regulations Consultation With Indian Tribes (Executive Order 13175 and Department Policy) The Department of the Interior strives to strengthen its government-togovernment relationship with Indian tribes through a commitment to consultation with Indian tribes and recognition of their right to selfgovernance and tribal sovereignty. We have evaluated this rule under the Department’s consultation policy and under the criteria in Executive Order 13175 and have determined that it has no substantial direct effects on federally recognized Indian tribes and that consultation under the Department’s tribal consultation policy is not required. Representatives of the five Indian tribes affiliated with SLBE were consulted during the evaluation of the trail concept and route in the preparation of the GMP/EIS. Representatives of the nearest affiliated tribe, the Grand Traverse Band of Ottawa and Chippewa Indians, are members of the LSHR that proposed the trail and helped to prepare the EA. Paperwork Reduction Act (PRA) This rule does not contain information collection requirements, and a submission under the PRA is not required. National Environmental Policy Act (NEPA) This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the NEPA is not required because we reached a FONSI. The GMP/EIS, EA, FONSI, and related documents may be viewed on the Lakeshore’s planning Web site https://www.nps.gov/slbe/parkmgmt/ planning.htm. Effects on the Energy Supply (Executive Order 13211) This rule is not a significant energy action under the definition in Executive Order 13211. A statement of Energy Effects is not required. erowe on DSK2VPTVN1PROD with RULES Drafting Information The primary authors of this regulation were Tom Ulrich, Deputy Superintendent, Sleeping Bear Dunes National Lakeshore, Michael Tiernan, Office of the Solicitor, U.S. Department of the Interior, Washington, DC, A.J. North, Jay P. Calhoun, and Rose Wilkinson, NPS Regulations and Special Park Uses, Washington, DC. VerDate Mar<15>2010 14:43 Feb 20, 2013 Jkt 229001 List of Subjects in 36 CFR Part 7 National parks, Reporting and recordkeeping requirements. In consideration of the foregoing, the National Park Service amends 36 CFR Part 7 as set forth below: PART 7—SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM 1. The authority citation for part 7 continues to read as follows: ■ Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued under 36 U.S.C. 501–511, D.C. Code 10–137 (2001) and D.C. Code 50– 2201 (2001). 2. In § 7.80 add paragraph (c) to read as follows: ■ § 7.80 Sleeping Bear Dunes National Lakeshore. * * * * * (c) Bicycling. (1) The Sleeping Bear Heritage Trail, approximately 27 miles in length from the southern Leelanau County line at Manning Road to County Road 651 at Good Harbor Beach, is designated as a route for bicycle use. (2) The Superintendent may open or close designated routes, or portions thereof, or impose conditions or restrictions for bicycle use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives. (i) The Superintendent will provide public notice of all such actions through one or more of the methods listed in § 1.7 of this chapter. (ii) Violating a closure, condition, or restriction is prohibited. Dated: February 11, 2013. Rachel Jacobson, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2013–04047 Filed 2–20–13; 8:45 am] BILLING CODE 4132–EJ–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [HI 126–NBK; FRL–9712–2] Approval and Promulgation of Implementation Plans; State of Hawaii; Update to Materials Incorporated by Reference Environmental Protection Agency (EPA). ACTION: Final rule; notice of administrative change. AGENCY: EPA is updating the materials submitted by the State of Hawaii that SUMMARY: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 are incorporated by reference (IBR) into the Hawaii State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the State of Hawaii and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Regional Office. DATES: Effective Date: This rule is effective on February 21, 2013. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Air Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901; Air and Radiation Docket and Information Center, EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution Ave. NW., Washington, DC 20460; and National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number: 202–566–1742. For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/federalregister/cfr/ibr-locations.html. FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, EPA Region IX, (415) 947–4120, allen.cynthia@epa.gov. SUPPLEMENTARY INFORMATION: I. Background The SIP is a living document which the State revises as necessary to address its unique air pollution problems. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations to make them part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference federally-approved SIPs, as a result of consultations between EPA and the Office of the Federal Register (OFR). The description of the revised SIP document, IBR procedures and ‘‘Identification of plan’’ format are discussed in further detail in the May 22, 1997 Federal Register document. On August 4, 2005 (70 FR 44852), as corrected on August 23, 2005 (70 FR 49377), EPA published a document in the Federal Register beginning the new IBR procedures for the State of Hawaii. E:\FR\FM\21FER1.SGM 21FER1 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Rules and Regulations On April 23, 2012 (77 FR 24148) and April 27, 2012 (77 FR 25084) EPA published updates to the IBR material for the State of Hawaii. II. EPA Action In this action, EPA is doing the following: A. Announcing an update to the IBR material as of December 20, 2012; and B. Revising the entries in paragraphs 52.620(b) and (c) to reflect this update. EPA has determined that today’s rule falls under the ‘‘good cause’’ exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding ‘‘good cause,’’ authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today’s rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs. Under section 553 of the APA, an agency may find good cause where procedures are ‘‘impractical, unnecessary, or contrary to the public interest.’’ Public comment is ‘‘unnecessary’’ and ‘‘contrary to the public interest’’ since the codification only reflects existing law. Immediate notice in the CFR benefits the public by removing outdated citations and incorrect table entries. III. Statutory and Executive Order Reviews erowe on DSK2VPTVN1PROD with RULES A. General Requirements 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 VerDate Mar<15>2010 14:43 Feb 20, 2013 Jkt 229001 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. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. 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. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review EPA has also determined that the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 11985 individual component of the Hawaii SIP compilations had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need in this action to reopen the 60day period for filing such petitions for judicial review for this ‘‘Identification of plan’’ reorganization update action for the State of Hawaii. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Dated: July 19, 2012. Jared Blumenfeld, Regional Administrator, Region IX. Editorial Note: This document was received at the Office of the Federal Register on February 14, 2013. Part 52, chapter I, title 40 of the Code of Federal Regulations are amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart M—Hawaii 2. Section 52.620 is amended revising paragraphs (b) and (c) to read as follows: ■ § 52.620 Identification of plan. * * * * * (b) Incorporation by reference. (1) Material listed in paragraph (c) and (d) of this section with an EPA approval date prior to May 1, 2012, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after May 1, 2012, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region IX certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially E:\FR\FM\21FER1.SGM 21FER1 11986 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Rules and Regulations promulgated State rules/regulations which have been approved as part of the State implementation plan as of May 1, 2012. (3) Copies of the materials incorporated by reference may be inspected at the Region IX EPA Office Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to:https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. (c) EPA approved regulations. at 75 Hawthorne Street, San Francisco, CA 94105; Air and Radiation Docket and Information Center, EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution Ave. NW., Washington, DC; or the National EPA-APPROVED STATE OF HAWAII REGULATIONS State citation Title/subject Effective date EPA approval date Explanation Department of Health, Public Health Regulations, Chapter 43, Air Pollution Control Regulations Section 22 .............................. Hearings and Appeals ........... 12/26/1972 05/14/1973, 38 FR 12711 ...... Section 23 .............................. Application ............................. 03/28/1972 05/31/1972, 37 FR 10842 ...... See also 74 FR 11037 (March 16, 2009). See also 74 FR 11037 (March 16, 2009). Department of Health, Title 11, Chapter 60, Air Pollution Control Regulations 11–60–18 ............................... 11–60–21 ............................... 11–60–23 ............................... 11–60–26 11–60–27 11–60–28 11–60–29 ............................... ............................... ............................... ............................... Control of open burning ......... Agricultural burning, ‘‘no burn’’ days. Agricultural burning, action on applications. Fugitive dust .......................... Incineration ............................ Bagasse-burning boilers ........ Process industries ................. 11/29/1982 11/29/1982 08/18/1983, 48 FR 37403 08/18/1983, 48 FR 37403 11/29/1982 08/18/1983, 48 FR 37403 11/29/1982 11/29/1982 11/29/1982 11/29/1982 08/18/1983, 08/18/1983, 08/18/1983, 08/18/1983, 48 48 48 48 FR FR FR FR 37403 37403 37403 37403 Department of Health, Title 11, Chapter 60.1, Air Pollution Control, Hawaii Administrative Rules 11–60.1–1 .............................. 11–60.1–2 .............................. 11–60.1–3 .............................. Definitions .............................. Prohibition of air pollution ...... General conditions for considering applications. 11/14/2003 11/14/2003 ........................ 4/27/2012, 77 FR 25084 ........ 4/27/2012, 77 FR 25084 ........ 04/23/2012, 77 FR 24148 ...... 11–60.1–4 .............................. 11–60.1–5 .............................. 11–60.1–7 .............................. 11–60.1–8 .............................. 11–60.1–11 ............................ Certification ............................ Permit conditions ................... Transfer of permit .................. Reporting discontinuance ...... Sampling, testing, and reporting methods. Air quality models .................. Public access to information .. Reporting of equipment shutdown. Prompt reporting of deviations Prevention of air pollution emergency episodes. Penalties and remedies ......... 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. Definitions .............................. Applicability ............................ Initial covered source permit application. 11/14/2003 ........................ ........................ 11/14/2003 11/14/2003 4/27/2012, 77 FR 25084 ........ 04/23/2012, 77 FR 24148 ...... 04/23/2012, 77 FR 24148 ...... 4/27/2012, 77 FR 25084 ........ 4/27/2012, 77 FR 25084 ........ ........................ 11/14/2003 11/14/2003 04/23/2012, 77 FR 24148 ...... 4/27/2012, 77 FR 25084 ........ 4/27/2012, 77 FR 25084 ........ Supersedes 11–60–1. Supersedes 11–60–17. Supersedes 11–60–04, 11– 60–11, 11–60–13, 11–60– 14. New regulation. New regulation. Supersedes 11–60–09. Supersedes 11–60–10. Supersedes 11–60–15 and 11–60–6. New regulation. New regulation. Supersedes 11–60–16. 11/14/2003 11/14/2003 4/27/2012, 77 FR 25084 ........ 4/27/2012, 77 FR 25084 ........ Supersedes 11–60–16. Supersedes 11–60–35. ........................ 11/14/2003 11/14/2003 11/14/2003 11/14/2003 04/23/2012, 77 FR 24148 ...... 4/27/2012, 77 FR 25084 ........ 4/27/2012, 77 FR 25084 ........ 4/27/2012, 77 FR 25084 ........ 4/27/2012, 77 FR 25084 ........ Supersedes 11–60–37. Supersedes 11–60–38. Supersedes 11–60–24. Supersedes 11–60–25. New regulation. 11/14/2003 4/27/2012, 77 FR 25084 ........ New regulation. 11/14/2003 11/14/2003 11/14/2003 4/27/2012, 77 FR 25084 ........ 4/27/2012, 77 FR 25084 ........ 4/27/2012, 77 FR 25084 ........ New regulation. Supersedes 11–60–1. Supersedes 11–60–19. 11/14/2003 4/27/2012, 77 FR 25084 ........ Supersedes 11–60–20. 11/14/2003 4/27/2012, 77 FR 25084 ........ Supersedes 11–60–22. ........................ ........................ ........................ 04/23/2012, 77 FR 24148 ...... 04/23/2012, 77 FR 24148 ...... 04/23/2012, 77 FR 24148 ...... Duty to supplement or correct permit applications. Temporary covered source permits. ........................ 04/23/2012, 77 FR 24148 ...... New regulation. Supersedes 11–60–02. Supersedes 11–60–03, 11– 60–05, 11–60–07, 11–60– 08, 11–60–12. New regulation. ........................ 04/23/2012, 77 FR 24148 ...... New regulation. 11–60.1–12 ............................ 11–60.1–14 ............................ 11–60.1–15 ............................ 11–60.1–16 ............................ 11–60.1–17 ............................ 11–60.1–19 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 ............................ erowe on DSK2VPTVN1PROD with RULES 11–60.1–56 ............................ 11–60.1–81 ............................ 11–60.1–82 ............................ 11–60.1–83 ............................ 11–60.1–84 ............................ 11–60.1–91 ............................ VerDate Mar<15>2010 14:43 Feb 20, 2013 Jkt 229001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\21FER1.SGM 21FER1 Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Rules and Regulations 11987 EPA-APPROVED STATE OF HAWAII REGULATIONS—Continued State citation Title/subject Effective date EPA approval date 11–60.1–92 ............................ Covered source general permits. Federally-enforceable permit terms and conditions. Public participation ................. Applications for minor modifications. Applications for significant modifications. ........................ 04/23/2012, 77 FR 24148 ...... New regulation. ........................ 04/23/2012, 77 FR 24148 ...... New regulation. ........................ ........................ 04/23/2012, 77 FR 24148 ...... 04/23/2012, 77 FR 24148 ...... New regulation. New regulation. ........................ 04/23/2012, 77 FR 24148 ...... New regulation. 11–60.1–93 ............................ 11–60.1–99 ............................ 11–60.1–103 .......................... 11–60.1–104 .......................... * * * * * FEDERAL COMMUNICATIONS COMMISSION [FR Doc. 2013–03842 Filed 2–20–13; 8:45 am] BILLING CODE 6560–50–P 47 CFR Parts 73 and 76 [MB Docket No. 02–223, DA 02–2231] Federal Communications Commission. AGENCY: Final rule; announcement of effective date. This document announces the effective date of rules published in the Federal Register on November 20, 2002. The final rules modified the TV Table of Allotments. SUMMARY: The amendment to 47 CFR 73.622(b) published in the Federal Register at 67 FR 70018, November 20, 2002, is effective February 21, 2013. DATES: For additional information contact John Norton, 202 418–2120, Media Bureau, Policy Division. The Commission published a Report and Order, MB Docket No. 02–223, released September 17, 2002 at 67 FR 70018, November 20, 2002. The final rule amended § 73.622(b), Table of Allotments, under California by adding Avalon, DTV channel 47c. The document stated the amendment will become effective 60 days after the concurrence of the Mexican government is obtained. The Mexican clearance was granted on June 7, 2004. SUPPLEMENTARY INFORMATION: erowe on DSK2VPTVN1PROD with RULES Federal Communications Commission. ACTION: Final rule; announcement of effective date. [MM Docket Nos. 92–266 and 93–215, FCC 94–286] This document announces the effective date of rules published in the Federal Register on June 23, 2004. The final rules revised broadcast and multichannel video programming distributor (MVPD) equal employment opportunity (EEO) requirements. DATES: The amendments to 47 CFR 73.3612 and 76.1802, published in the Federal Register at 69 FR 34950, June 23, 2004, are effective February 21, 2013. SUMMARY: ACTION: Federal Communications Commission. Michelle Carey, Deputy Chief, Media Bureau. [FR Doc. 2013–03930 Filed 2–20–13; 8:45 am] BILLING CODE 6712–01–P 14:43 Feb 20, 2013 BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION AGENCY: Radio Broadcasting Services; Avalon, California VerDate Mar<15>2010 Marlene H. Dortch, Secretary. Review of the Commission’s Broadcast and Cable Equal Employment Opportunity Rules and Policies 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: Federal Communications Commission. [FR Doc. 2013–03939 Filed 2–20–13; 8:45 am] [MM Docket No. 98–204; FCC 04–103] FEDERAL COMMUNICATIONS COMMISSION Explanation Jkt 229001 For additional information contact Lewis Pulley, 202–418–1450, Media Bureau, Policy Division. SUPPLEMENTARY INFORMATION: In a Third Report and Order in MM Docket No. 98–204; FCC 04–103, published in the Federal Register, 69 FR 34950, June 23, 2004, the Commission adopted rules which contained information collection requirements subject to the Paperwork Reduction Act. The document stated that the rule changes requiring OMB approval would become effective after OMB approval and announcement in the Federal Register. On July 22, 2004, the Office of Management and Budget (OMB) approved the information collection requirements contained in 47 CFR Sections 73.3612 and 76.1802. The information collections are assigned to OMB Control No. 3060–0390 and 3060– 0095, respectively. FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 47 CFR Part 76 Cable Television Act of 1992 Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: This document announces the effective date of rules published in the Federal Register on December 6, 1994. The final rules revised to provide cable operators with additional incentives to expand their facilities and services in a way that both ensures that cable rates are reasonable and expands the opportunities for cable programmers to reach viewers. DATES: The amendments to 47 CFR 76.922(e)(1) and (2) published in the Federal Register at 59 FR 62614, December 6, 1994, are effective February 21, 2013. FOR FURTHER INFORMATION CONTACT: For additional information contact John Norton, 202–418–2120, Media Bureau, Policy Division. SUPPLEMENTARY INFORMATION: In a Sixth Order on Reconsideration and Fifth Report and Order in MM Docket Nos. 92–266 and 93–215; FCC 94–286, published in the Federal Register, 59 FR 62614, December 6, 1994, the Commission adopted rules which contained information collection requirements subject to the Paperwork Reduction Act. The document stated that the rule changes requiring OMB approval would become effective after OMB approval and announcement in the Federal Register. On February 21, SUMMARY: E:\FR\FM\21FER1.SGM 21FER1

Agencies

[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Rules and Regulations]
[Pages 11984-11987]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03842]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[HI 126-NBK; FRL-9712-2]


Approval and Promulgation of Implementation Plans; State of 
Hawaii; Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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

SUMMARY: EPA is updating the materials submitted by the State of Hawaii 
that are incorporated by reference (IBR) into the Hawaii State 
Implementation Plan (SIP). The regulations affected by this update have 
been previously submitted by the State of Hawaii and approved by EPA. 
This update affects the SIP materials that are available for public 
inspection at the National Archives and Records Administration (NARA), 
the Air and Radiation Docket and Information Center located at EPA 
Headquarters in Washington, DC, and the EPA Regional Office.

DATES: Effective Date: This rule is effective on February 21, 2013.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations:

Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105-3901;
Air and Radiation Docket and Information Center, EPA Headquarters 
Library, Infoterra Room (Room Number 3334), EPA West Building, 1301 
Constitution Ave. NW., Washington, DC 20460; and
National Archives and Records Administration (NARA).

If you wish to obtain materials from a docket in the EPA Headquarters 
Library, please call the Office of Air and Radiation (OAR) Docket/
Telephone number: 202-566-1742. For information on the availability of 
this material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, EPA Region IX, (415) 
947-4120, allen.cynthia@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The SIP is a living document which the State revises as necessary 
to address its unique air pollution problems. Therefore, EPA from time 
to time must take action on SIP revisions containing new and/or revised 
regulations to make them part of the SIP. On May 22, 1997 (62 FR 
27968), EPA revised the procedures for incorporating by reference 
federally-approved SIPs, as a result of consultations between EPA and 
the Office of the Federal Register (OFR). The description of the 
revised SIP document, IBR procedures and ``Identification of plan'' 
format are discussed in further detail in the May 22, 1997 Federal 
Register document. On August 4, 2005 (70 FR 44852), as corrected on 
August 23, 2005 (70 FR 49377), EPA published a document in the Federal 
Register beginning the new IBR procedures for the State of Hawaii.

[[Page 11985]]

On April 23, 2012 (77 FR 24148) and April 27, 2012 (77 FR 25084) EPA 
published updates to the IBR material for the State of Hawaii.

II. EPA Action

    In this action, EPA is doing the following:
    A. Announcing an update to the IBR material as of December 20, 
2012; and
    B. Revising the entries in paragraphs 52.620(b) and (c) to reflect 
this update.
    EPA has determined that today's rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation and section 553(d)(3) which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). 
Today's rule simply codifies provisions which are already in effect as 
a matter of law in Federal and approved State programs. Under section 
553 of the APA, an agency may find good cause where procedures are 
``impractical, unnecessary, or contrary to the public interest.'' 
Public comment is ``unnecessary'' and ``contrary to the public 
interest'' since the codification only reflects existing law. Immediate 
notice in the CFR benefits the public by removing outdated citations 
and incorrect table entries.

III. Statutory and Executive Order Reviews

A. General Requirements

    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.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. 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. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of 
the CAA pertaining to petitions for judicial review are not applicable 
to this action. Prior EPA rulemaking actions for each individual 
component of the Hawaii SIP compilations had previously afforded 
interested parties the opportunity to file a petition for judicial 
review in the United States Court of Appeals for the appropriate 
circuit within 60 days of such rulemaking action. Thus, EPA sees no 
need in this action to reopen the 60-day period for filing such 
petitions for judicial review for this ``Identification of plan'' 
reorganization update action for the State of Hawaii.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur dioxide, Volatile organic compounds.

    Dated: July 19, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Editorial Note: This document was received at the Office of the 
Federal Register on February 14, 2013.

    Part 52, chapter I, title 40 of the Code of Federal Regulations are 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart M--Hawaii

0
2. Section 52.620 is amended revising paragraphs (b) and (c) to read as 
follows:


Sec.  52.620  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraph 
(c) and (d) of this section with an EPA approval date prior to May 1, 
2012, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Material is incorporated as it exists on the date of the approval, 
and notice of any change in the material will be published in the 
Federal Register. Entries in paragraphs (c) and (d) of this section 
with EPA approval dates after May 1, 2012, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region IX certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially

[[Page 11986]]

promulgated State rules/regulations which have been approved as part of 
the State implementation plan as of May 1, 2012.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region IX EPA Office at 75 Hawthorne Street, San 
Francisco, CA 94105; Air and Radiation Docket and Information Center, 
EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West 
Building, 1301 Constitution Ave. NW., Washington, DC; or the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go 
to:https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) EPA approved regulations.

                                    EPA-Approved State of Hawaii Regulations
----------------------------------------------------------------------------------------------------------------
          State citation              Title/subject     Effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
         Department of Health, Public Health Regulations, Chapter 43, Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
Section 22.......................  Hearings and             12/26/1972  05/14/1973, 38 FR    See also 74 FR
                                    Appeals.                             12711.               11037 (March 16,
                                                                                              2009).
Section 23.......................  Application........      03/28/1972  05/31/1972, 37 FR    See also 74 FR
                                                                         10842.               11037 (March 16,
                                                                                              2009).
----------------------------------------------------------------------------------------------------------------
                  Department of Health, Title 11, Chapter 60, Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
11-60-18.........................  Control of open          11/29/1982  08/18/1983, 48 FR    ...................
                                    burning.                             37403
11-60-21.........................  Agricultural             11/29/1982  08/18/1983, 48 FR    ...................
                                    burning, ``no                        37403
                                    burn'' days.
11-60-23.........................  Agricultural             11/29/1982  08/18/1983, 48 FR    ...................
                                    burning, action on                   37403
                                    applications.
11-60-26.........................  Fugitive dust......      11/29/1982  08/18/1983, 48 FR    ...................
                                                                         37403
11-60-27.........................  Incineration.......      11/29/1982  08/18/1983, 48 FR    ...................
                                                                         37403
11-60-28.........................  Bagasse-burning          11/29/1982  08/18/1983, 48 FR    ...................
                                    boilers.                             37403
11-60-29.........................  Process industries.      11/29/1982  08/18/1983, 48 FR    ...................
                                                                         37403
----------------------------------------------------------------------------------------------------------------
        Department of Health, Title 11, Chapter 60.1, Air Pollution Control, Hawaii Administrative Rules
----------------------------------------------------------------------------------------------------------------
11-60.1-1........................  Definitions........      11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-1.
                                                                         25084.
11-60.1-2........................  Prohibition of air       11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-
                                    pollution.                           25084.               17.
11-60.1-3........................  General conditions   ..............  04/23/2012, 77 FR    Supersedes 11-60-
                                    for considering                      24148.               04, 11-60-11, 11-
                                    applications.                                             60-13, 11-60-14.
11-60.1-4........................  Certification......      11/14/2003  4/27/2012, 77 FR     New regulation.
                                                                         25084.
11-60.1-5........................  Permit conditions..  ..............  04/23/2012, 77 FR    New regulation.
                                                                         24148.
11-60.1-7........................  Transfer of permit.  ..............  04/23/2012, 77 FR    Supersedes 11-60-
                                                                         24148.               09.
11-60.1-8........................  Reporting                11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-
                                    discontinuance.                      25084.               10.
11-60.1-11.......................  Sampling, testing,       11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-15
                                    and reporting                        25084.               and 11-60-6.
                                    methods.
11-60.1-12.......................  Air quality models.  ..............  04/23/2012, 77 FR    New regulation.
                                                                         24148.
11-60.1-14.......................  Public access to         11/14/2003  4/27/2012, 77 FR     New regulation.
                                    information.                         25084.
11-60.1-15.......................  Reporting of             11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-
                                    equipment shutdown.                  25084.               16.
11-60.1-16.......................  Prompt reporting of      11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-
                                    deviations.                          25084.               16.
11-60.1-17.......................  Prevention of air        11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-
                                    pollution                            25084.               35.
                                    emergency episodes.
11-60.1-19.......................  Penalties and        ..............  04/23/2012, 77 FR    Supersedes 11-60-
                                    remedies.                            24148.               37.
11-60.1-20.......................  Severability.......      11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-
                                                                         25084.               38.
11-60.1-32.......................  Visible emissions..      11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-
                                                                         25084.               24.
11-60.1-34.......................  Motor vehicles.....      11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-
                                                                         25084.               25.
11-60.1-40.......................  Volatile organic         11/14/2003  4/27/2012, 77 FR     New regulation.
                                    compound water                       25084.
                                    separation.
11-60.1-41.......................  Pump and compressor      11/14/2003  4/27/2012, 77 FR     New regulation.
                                    requirements.                        25084.
11-60.1-42.......................  Waste gas disposal.      11/14/2003  4/27/2012, 77 FR     New regulation.
                                                                         25084.
11-60.1-51.......................  Definitions........      11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-1.
                                                                         25084.
11-60.1-53.......................  Agricultural             11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-
                                    burning: Permit                      25084.               19.
                                    requirement.
11-60.1-54.......................  Agricultural             11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-
                                    burning:                             25084.               20.
                                    Applications.
11-60.1-56.......................  Agricultural             11/14/2003  4/27/2012, 77 FR     Supersedes 11-60-
                                    burning:                             25084.               22.
                                    Recordkeeping and
                                    monitoring.
11-60.1-81.......................  Definitions........  ..............  04/23/2012, 77 FR    New regulation.
                                                                         24148.
11-60.1-82.......................  Applicability......  ..............  04/23/2012, 77 FR    Supersedes 11-60-
                                                                         24148.               02.
11-60.1-83.......................  Initial covered      ..............  04/23/2012, 77 FR    Supersedes 11-60-
                                    source permit                        24148.               03, 11-60-05, 11-
                                    application.                                              60-07, 11-60-08,
                                                                                              11-60-12.
11-60.1-84.......................  Duty to supplement   ..............  04/23/2012, 77 FR    New regulation.
                                    or correct permit                    24148.
                                    applications.
11-60.1-91.......................  Temporary covered    ..............  04/23/2012, 77 FR    New regulation.
                                    source permits.                      24148.

[[Page 11987]]

 
11-60.1-92.......................  Covered source       ..............  04/23/2012, 77 FR    New regulation.
                                    general permits.                     24148.
11-60.1-93.......................  Federally-           ..............  04/23/2012, 77 FR    New regulation.
                                    enforceable permit                   24148.
                                    terms and
                                    conditions.
11-60.1-99.......................  Public               ..............  04/23/2012, 77 FR    New regulation.
                                    participation.                       24148.
11-60.1-103......................  Applications for     ..............  04/23/2012, 77 FR    New regulation.
                                    minor                                24148.
                                    modifications.
11-60.1-104......................  Applications for     ..............  04/23/2012, 77 FR    New regulation.
                                    significant                          24148.
                                    modifications.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-03842 Filed 2-20-13; 8:45 am]
BILLING CODE 6560-50-P