Approval and Promulgation of State Implementation Plans; Hawaii; Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 17869-17874 [2014-05526]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations
emcdonald on DSK67QTVN1PROD with RULES
loading pyrotechnics at Pier 50 in San
Francisco, CA. From 8:30 p.m. to 8:40
p.m. on April 11, 2014 the loaded
fireworks barge will transit from Pier 50
to the launch site near Pier 48 in
approximate position 37°46′40″ N,
122°22′58″ W (NAD83). At the
conclusion of the baseball game,
approximately 10 p.m. on April 11,
2014, the safety zone will increase in
size and encompass the navigable
waters around and under the fireworks
barge within a radius of 700 feet in
approximate position 37°46′40″ N,
122°22′58″ W (NAD83) for the San
Francisco Giants Fireworks display in
33 CFR 165.1191, Table 1, Item number
1. Upon the conclusion of the fireworks
display the safety zone shall terminate.
This safety zone will be in effect from
11 a.m. to 10:30 p.m. on April 11, 2014.
Under the provisions of 33 CFR
165.1191, unauthorized persons or
vessels are prohibited from entering
into, transiting through, or anchoring in
the safety zone during all applicable
effective dates and times, unless
authorized to do so by the PATCOM.
Additionally, each person who receives
notice of a lawful order or direction
issued by an official patrol vessel shall
obey the order or direction. The
PATCOM is empowered to forbid entry
into and control the regulated area. The
PATCOM shall be designated by the
Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon
request, allow the transit of commercial
vessels through regulated areas when it
is safe to do so.
This notice is issued under authority
of 33 CFR 165.1191 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with extensive
advance notification of the safety zone
and its enforcement period via the Local
Notice to Mariners.
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the regulated area.
Dated: March 11, 2014.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2014–07082 Filed 3–28–14; 8:45 am]
BILLING CODE 9110–04–P
VerDate Mar<15>2010
16:18 Mar 28, 2014
Jkt 232001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0228; FRL–9907–73–
Region 9]
Approval and Promulgation of State
Implementation Plans; Hawaii;
Infrastructure Requirements for the
1997 8-Hour Ozone and the 1997 and
2006 Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule; clarification.
AGENCY:
The Environmental Protection
Agency (EPA) is clarifying its final
action on revisions to the Hawaii State
Implementation Plan (SIP), published in
the Federal Register on August 9, 2012.
DATES: This final rule is effective on
March 31, 2014.
ADDRESSES: EPA has established a
docket for this action, identified by
Docket ID Number EPA–R09–OAR–
2012–0228. The index to the docket for
this action is available electronically at
https://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 in
the index, some information may be
publicly available only at the hard copy
location (e.g., 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 directly
below.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Dawn Richmond, Air Planning Office
(AIR–2), U.S. Environmental Protection
Agency, Region IX, (415) 972–3207,
richmond.dawn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
I. EPA’s Action
On August 9, 2012 (77 FR 47530),
EPA took final action to approve in part
and disapprove in part a SIP revision
submitted by Hawaii Department of
Health (HDOH) on December 14, 2011 to
address the infrastructure requirements
of CAA section 110(a)(2) for the 1997
national ambient air quality standard
(NAAQS) for ozone and the 1997 and
2006 NAAQS for fine particulate matter
(PM2.5) (‘‘2011 Hawaii Infrastructure
SIP’’).
In this document, we are making
certain corrections to the entries in the
table in paragraph (3) of 40 CFR 52.620,
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
17869
clarifying the contents of the applicable
plan as approved on August 9, 2012,
and specifying the extent to which EPA
disapproved the December 14, 2011 SIP
submittal. Specifically, we are:
• Correcting the title of the approved
plan and the submittal date (the
submittal date was December 14, 2011,
not December 14, 2012);
• Clarifying that the plan, as
approved on August 9, 2012, does not
include the public process
documentation included in the
December 14, 2011 SIP submittal;
• Clarifying the specific statutory
provisions approved on August 9, 2012,
and the extent to which the approved
existing SIP statutory provisions were
thereby superseded, by listing all
approved statutory provisions
(including a few previously approved
and not superseded) separately as
nonregulatory provisions in the Hawaii
SIP; and
• Specifying the extent of our
disapproval for the Hawaii
Infrastructure SIP for the various
elements under CAA section 110(a)(2).
EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
impracticable, unnecessary, or contrary
to the public interest. Public notice and
comment for this action are unnecessary
because today’s clarification of EPA’s
August 9, 2012 final rule approving in
part and disapproving in part the 2011
Hawaii Infrastructure SIP has no
substantive impact on that approval and
the clarification makes no substantive
difference to EPA’s analysis as set out in
that rule. In addition, EPA can identify
no particular reason why the public
would be interested in being notified of
this clarification since the opportunity
to comment on the action to approve in
part and disapprove in part the 2011
Hawaii Infrastructure SIP was
previously provided and no comments
were received.
EPA also finds that there is good
cause under APA section 553(d)(3) for
this clarification to become effective on
the date of publication of this action.
Section 553(d)(3) of the APA allows an
effective date less than 30 days after
publication ‘‘as otherwise provided by
the agency for good cause found and
published with the rule.’’ (5 U.S.C.
553(d)(3)). The purpose of the 30-day
waiting period prescribed in APA
section 553(d)(3), is to give affected
parties a reasonable time to adjust their
behavior and prepare before the final
E:\FR\FM\31MRR1.SGM
31MRR1
17870
Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations
emcdonald on DSK67QTVN1PROD with RULES
rule takes effect. Today’s rule, however,
does not create any new regulatory
requirements such that affected parties
would need time to prepare before the
rule takes effect. Rather, today’s rule
simply clarifies the contents of the
applicable plan as approved on August
9, 2012, and specifies the extent to
which EPA disapproved the December
14, 2011 SIP submittal. For these
reasons, EPA finds good cause under
APA section 553(d)(3) for this
clarification to become effective on the
date of publication of this action.
II. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely clarifies
the contents of the applicable Hawaii
SIP as approved on August 9, 2012, and
specifies the extent to which EPA
disapproved the 2011 Hawaii
Infrastructure SIP in the August 9, 2012
final rule. This clarification has no
substantive impact on EPA’s August 9,
2012, approval and it imposes no
additional requirements beyond those
imposed by state law. Accordingly, the
Administrator certifies that this action
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
clarification does not impose any
additional enforceable duty beyond that
required by state law, it 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).
This clarification also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the states,
VerDate Mar<15>2010
16:18 Mar 28, 2014
Jkt 232001
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
clarifies the contents of a state plan
implementing a Federal standard, and
does not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
This action also is not subject to
Executive Order 13045, ‘‘Protection of
Children From Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. section 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 rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. 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. section 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
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
appropriate circuit by May 30, 2014.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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. 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,
Oxides of nitrogen, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: February 28, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
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
(e) is amended by:
■ a. Removing the entry for ‘‘Section
III—Legal Authority’’;
■ b. Revising the table section entitled
‘‘State of Hawaii Air Pollution Control
Implementation Plan for Lead’’;
■ c. Adding a table section entitled
‘‘Hawaii Revised Statutes, Division 1
(Government), Title 7 (Public officers
and employees), Chapter 84 (Standards
of Conduct)’’ at the end of the table;
■ d. Adding a table section entitled
‘‘Hawaii Revised Statutes, Chapter 342,
Hawaii Statute on Environmental
Quality’’; and
■ e. Adding a table section entitled
‘‘Hawaii Revised Statutes, Division 1
(Government), Title 19 (Health), Chapter
342B (Air Pollution Control)’’.
The revisions and additions read as
follows:
■
§ 52.620
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\31MRR1.SGM
31MRR1
*
*
17871
Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations
EPA-APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic
area or title
Name of SIP revision or
statutory section number
*
*
State submittal
date
EPA approval date
*
*
Explanation
*
*
*
State of Hawaii Air Pollution Control Implementation Plans for Ozone, PM2.5, and Lead
State of Hawaii Air Pollution Control Implementation Plan for Lead.
Statewide ....
10/29/82
8/18/83, 48 FR 37402 ........
State Implementation Plan
Revision, Clean Air Act
Section 110(a)(2), 1997
Ozone National Ambient
Air Quality Standard and
1997 and 2006 PM2.5
National Ambient Air
Quality Standards.
Statewide ....
12/14/11
8/9/12, 77 FR 47530 ..........
Excluding section II (‘‘Notice of Public Hearing’’); Hawaii Statute on Environmental Quality, Chapter
342, Hawaii Revised Statutes, section 342–7 (see
74 FR 11037 (March 16, 2009); and section IV
(‘‘Control Regulations’’). The statutory provisions
in Section III (‘‘Legal Authority’’) superseded statutory provisions approved at 37 FR 10842 (May 31,
1972) and at 38 FR 30876 (November 8, 1973)
and were, with few exceptions, superseded by approval of more recent statutory provisions at 77
FR 47530 (August 9, 2012). Statutory provisions
that remain in the current applicable SIP are listed
separately in the table in paragraph (e).
Approval excludes appendix A (‘‘Hawaii Revised
Statutes, Chapter 84, Standards of Conduct,
Chapter 342B, Air Pollution Control’’), appendix B,
(‘‘Hawaii Administrative Rules, Title 11, Chapter
60.1, Air Pollution Control’’), appendix D (‘‘SIP
Public Comment Proceedings’’), and appendix E
(‘‘Public Proceedings for Hawaii Administrative
Rules, Chapter 11–60.1’’). Approved statutory provisions included in appendix A are listed separately in the table in paragraph (e). In separate
rulemakings, EPA has taken action to approve
certain regulations included in appendix B. Approved regulations are listed separately in the
table in paragraph (c).
Hawaii Revised Statutes, Division 1 (Government), Title 7 (Public officers and employees), Chapter 84 (Standards of Conduct)
Construction
12/14/11
8/9/12, 77 FR 47530 ..........
84–2 ..................................
Applicability
12/14/11
8/9/12, 77 FR 47530 ..........
84–3 ..................................
Definitions ...
12/14/11
8/9/12, 77 FR 47530 ..........
84–11 ................................
Gifts ............
12/14/11
8/9/12, 77 FR 47530 ..........
84–11.5 .............................
Reporting of
gifts.
12/14/11
8/9/12, 77 FR 47530 ..........
84–12 ................................
Confidential
information.
12/14/11
8/9/12, 77 FR 47530 ..........
84–14 ................................
emcdonald on DSK67QTVN1PROD with RULES
84–1 ..................................
Conflicts of
interests.
12/14/11
8/9/12, 77 FR 47530 ..........
84–17 ................................
Requirements of
disclosure.
12/14/11
8/9/12, 77 FR 47530 ..........
VerDate Mar<15>2010
16:18 Mar 28, 2014
Jkt 232001
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
Laws 1972, Act 163, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Most recently amended in Laws 1979, Act 91, § 3.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Law as amended through 1984. Included in appendix A to the Hawaii SIP revision for the 1997
ozone, and 1997 and 2006 PM2.5 national ambient
air quality standards.
Law as amended through 1984. Included in appendix A to the Hawaii SIP revision for the 1997
ozone, and 1997 and 2006 PM2.5 national ambient
air quality standards.
Laws 1992, Act 322, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Law as amended through 1984. Included in appendix A to the Hawaii SIP revision for the 1997
ozone, and 1997 and 2006 PM2.5 national ambient
air quality standards.
Most recently amended in Laws 1978, Act 245, § 2.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Most recently amended in Laws 2007, Act 9, § 4. Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
E:\FR\FM\31MRR1.SGM
31MRR1
17872
Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations
EPA-APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued
Name of SIP revision or
statutory section number
Applicable
geographic
area or title
State submittal
date
EPA approval date
Explanation
Hawaii Revised Statutes, Chapter 342, Hawaii Statute on Environmental Quality
342–14 ..............................
Technical
defect.
10/29/82
8/18/83, 48 FR 37402 ........
342–18 ..............................
Other powers of department
not affected.
Effect of
laws, ordinances,
rules, and
regulations.
10/29/82
8/18/83, 48 FR 37402 ........
10/29/82
8/18/83, 48 FR 37402 ........
342–19 ..............................
Laws 1972, Act 100, pt of § 1. Included in Section III
(‘‘Legal Authority’’) in the State of Hawaii Air Pollution Control Implementation Plan for Lead.
Laws 1972, Act 100, pt of § 1. Included in Section III
(‘‘Legal Authority’’) in the State of Hawaii Air Pollution Control Implementation Plan for Lead.
Most recently amended in Laws 1977, Act 115, § 6.
Included in Section III (‘‘Legal Authority’’) in the
State of Hawaii Air Pollution Control Implementation Plan for Lead.
Hawaii Revised Statutes, Division 1 (Government), Title 19 (Health), Chapter 342B (Air Pollution Control)
342B–1 .............................
Definitions ...
12/14/11
8/9/12, 77 FR 47530 ..........
342B–2 .............................
Administration.
12/14/11
8/9/12, 77 FR 47530 ..........
342B–3 .............................
General
functions,
duties, and
powers of
the director.
Annual reports.
12/14/11
8/9/12, 77 FR 47530 ..........
12/14/11
8/9/12, 77 FR 47530 ..........
342B–11 ...........................
Prohibition ...
12/14/11
8/9/12, 77 FR 47530 ..........
342B–12 ...........................
Specific
powers of
the director.
Public participation.
12/14/11
8/9/12, 77 FR 47530 ..........
12/14/11
8/9/12, 77 FR 47530 ..........
Complaints;
hearings;
appointment of
masters.
Research,
educational,
and training programs.
Air quality
modelers.
12/14/11
8/9/12, 77 FR 47530 ..........
12/14/11
8/9/12, 77 FR 47530 ..........
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
12/14/11
8/9/12, 77 FR 47530 ..........
Specific
functions,
duties, and
powers of
the director.
12/14/11
8/9/12, 77 FR 47530 ..........
Most recently amended in Laws 2000, Act 253,
§ 150. Included in appendix A to the Hawaii SIP
revision for the 1997 ozone, and 1997 and 2006
PM2.5 national ambient air quality standards.
Most recently amended in Laws 1994, Act 268, § 2.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B–7 .............................
342B–13 ...........................
342B–15 ...........................
342B–16 ...........................
emcdonald on DSK67QTVN1PROD with RULES
342B–17 ...........................
342B–21 ...........................
VerDate Mar<15>2010
16:18 Mar 28, 2014
Jkt 232001
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
Most recently amended in Laws 1993, Act 208, §§ 2,
11. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006
PM2.5 national ambient air quality standards.
Most recently amended in Laws 1992, Act 240, pt of
§ 1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006
PM2.5 national ambient air quality standards.
Most recently amended in Laws 2000, Act 253,
§ 150. Included in appendix A to the Hawaii SIP
revision for the 1997 ozone, and 1997 and 2006
PM2.5 national ambient air quality standards.
Most recently amended in Laws 1993, Act 208, § 3.
Most recently amended in Laws 1993, c 208, § 3.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Most recently amended in Laws 1994, Act 268, § 1.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Most recently amended in Laws 2000, Act 150, § 2.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
E:\FR\FM\31MRR1.SGM
31MRR1
Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations
17873
EPA-APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued
Name of SIP revision or
statutory section number
Applicable
geographic
area or title
342B–22 ...........................
Permit and
permit renewal; requirements.
Application
for permit.
342B–23 ...........................
State submittal
date
EPA approval date
Explanation
12/14/11
8/9/12, 77 FR 47530 ..........
12/14/11
8/9/12, 77 FR 47530 ..........
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Most recently amended in Laws 1993, Act 208, § 5.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Most recently amended in Laws 1993, Act 208, § 6.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B–24 ...........................
Action on a
permit application.
12/14/11
8/9/12, 77 FR 47530 ..........
342B–25 ...........................
Approval of
permit.
12/14/11
8/9/12, 77 FR 47530 ..........
342B–26 ...........................
General and
temporary
permits;
single permit.
Other permit
action.
12/14/11
8/9/12, 77 FR 47530 ..........
12/14/11
8/9/12, 77 FR 47530 ..........
Recordkeeping
and monitoring requirements.
Fees ............
12/14/11
8/9/12, 77 FR 47530 ..........
12/14/11
8/9/12, 77 FR 47530 ..........
342B–30 ...........................
Judicial review.
12/14/11
8/9/12, 77 FR 47530 ..........
342B–31 ...........................
Government
records;
confidential information.
Clean air
special
fund.
12/14/11
8/9/12, 77 FR 47530 ..........
12/14/11
8/9/12, 77 FR 47530 ..........
342B–33 ...........................
Minimum
permit
conditions.
12/14/11
8/9/12, 77 FR 47530 ..........
342B–34 ...........................
Exceptions ..
12/14/11
8/9/12, 77 FR 47530 ..........
342B–41 ...........................
Inspection of
premises.
12/14/11
8/9/12, 77 FR 47530 ..........
342B–42 ...........................
Enforcement
12/14/11
8/9/12, 77 FR 47530 ..........
342B–43 ...........................
Emergency
powers;
procedures.
12/14/11
8/9/12, 77 FR 47530 ..........
342B–27 ...........................
342B–28 ...........................
342B–29 ...........................
emcdonald on DSK67QTVN1PROD with RULES
342B–32 ...........................
VerDate Mar<15>2010
16:18 Mar 28, 2014
Jkt 232001
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Most recently amended in Laws 2009, Act 42, § 2.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Most recently amended in Laws 1994, Act 268, § 3.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Most recently amended in Laws 1995, Act 180, § 2.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Most recently amended in Laws 1995, Act 201, § 1.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
E:\FR\FM\31MRR1.SGM
31MRR1
17874
Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations
EPA-APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued
Name of SIP revision or
statutory section number
Applicable
geographic
area or title
State submittal
date
342B–44 ...........................
Injunctive
and other
relief.
342B–45 ...........................
EPA approval date
Explanation
12/14/11
8/9/12, 77 FR 47530 ..........
Citation ........
12/14/11
8/9/12, 77 FR 47530 ..........
342B–46 ...........................
Appeal .........
12/14/11
8/9/12, 77 FR 47530 ..........
342B–47 ...........................
Civil penalties.
12/14/11
8/9/12, 77 FR 47530 ..........
342B–48 ...........................
Administrative penalties.
12/14/11
8/9/12, 77 FR 47530 ..........
342B–49 ...........................
Criminal
penalties.
12/14/11
8/9/12, 77 FR 47530 ..........
342B–50 ...........................
Disposition
of collected
fines and
penalties.
Enforcement
by state
and county
authorities.
Nonliability
of department personnel.
Other action
not barred.
12/14/11
8/9/12, 77 FR 47530 ..........
Most recently amended in Laws 1995, Act 180, § 3.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Most recently amended in Laws 1997, Act 27, § 1.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Most recently amended in Laws 1993, Act 208, § 8.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Most recently amended in Laws 1994, Act 268, § 4.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Most recently amended in Laws 1993, Act 208, § 9.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
12/14/11
8/9/12, 77 FR 47530 ..........
12/14/11
8/9/12, 77 FR 47530 ..........
12/14/11
8/9/12, 77 FR 47530 ..........
342B–51 ...........................
342B–52 ...........................
342B–53 ...........................
342B–54 ...........................
Priority in
courts.
12/14/11
8/9/12, 77 FR 47530 ..........
342B–55 ...........................
Consent orders; settlement
agreements.
12/14/11
8/9/12, 77 FR 47530 ..........
3. Section 52.623 is revised to read as
follows:
■
emcdonald on DSK67QTVN1PROD with RULES
§ 52.623
Approval status.
(a) With the exceptions set forth in
this subpart, the Administrator approves
Hawaii’s plan for attainment and
maintenance of the national standards.
The State included various provisions
in its plan to provide for the attainment
of the State ambient air quality
standards. As described in the
Governor’s letters of January 28, May 8,
and May 22, 1972, these provisions
were included for information purposes
VerDate Mar<15>2010
16:18 Mar 28, 2014
Jkt 232001
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Laws 1992, Act 240, pt of § 1. Included in appendix
A to the Hawaii SIP revision for the 1997 ozone,
and 1997 and 2006 PM2.5 national ambient air
quality standards.
Most recently amended in Laws 1993, Act 208, § 10.
Included in appendix A to the Hawaii SIP revision
for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
only and were not to be considered a
part of the plan to implement national
standards. Accordingly, these additional
provisions are not considered a part of
the applicable plan.
(b) 1997 8-hour ozone NAAQS: The
SIP submitted on December 14, 2011 is
partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C) and (J), and
is disapproved for CAA elements
110(a)(2)(D)(i)(II) and (D)(ii).
(c) 1997 PM2.5 NAAQS: The SIP
submitted on December 14, 2011 is
partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C) and (J), and
PO 00000
Frm 00026
Fmt 4700
Sfmt 9990
is disapproved for CAA elements
110(a)(2)(D)(i)(II) and (D)(ii).
(d) 2006 PM2.5 NAAQS: The SIP
submitted on December 14, 2011 is
partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C) and (J), and
is disapproved for CAA elements
110(a)(2)(D)(i)(II) and (D)(ii).
[FR Doc. 2014–05526 Filed 3–28–14; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\31MRR1.SGM
31MRR1
]]>Agencies
[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17869-17874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05526]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0228; FRL-9907-73-Region 9]
Approval and Promulgation of State Implementation Plans; Hawaii;
Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and
2006 Fine Particulate Matter National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; clarification.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is clarifying its
final action on revisions to the Hawaii State Implementation Plan
(SIP), published in the Federal Register on August 9, 2012.
DATES: This final rule is effective on March 31, 2014.
ADDRESSES: EPA has established a docket for this action, identified by
Docket ID Number EPA-R09-OAR-2012-0228. The index to the docket for
this action is available electronically at https://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 in the index,
some information may be publicly available only at the hard copy
location (e.g., 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 directly below.
FOR FURTHER INFORMATION CONTACT: Dawn Richmond, Air Planning Office
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 972-
3207, richmond.dawn@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
I. EPA's Action
On August 9, 2012 (77 FR 47530), EPA took final action to approve
in part and disapprove in part a SIP revision submitted by Hawaii
Department of Health (HDOH) on December 14, 2011 to address the
infrastructure requirements of CAA section 110(a)(2) for the 1997
national ambient air quality standard (NAAQS) for ozone and the 1997
and 2006 NAAQS for fine particulate matter (PM2.5) (``2011
Hawaii Infrastructure SIP'').
In this document, we are making certain corrections to the entries
in the table in paragraph (3) of 40 CFR 52.620, clarifying the contents
of the applicable plan as approved on August 9, 2012, and specifying
the extent to which EPA disapproved the December 14, 2011 SIP
submittal. Specifically, we are:
Correcting the title of the approved plan and the
submittal date (the submittal date was December 14, 2011, not December
14, 2012);
Clarifying that the plan, as approved on August 9, 2012,
does not include the public process documentation included in the
December 14, 2011 SIP submittal;
Clarifying the specific statutory provisions approved on
August 9, 2012, and the extent to which the approved existing SIP
statutory provisions were thereby superseded, by listing all approved
statutory provisions (including a few previously approved and not
superseded) separately as nonregulatory provisions in the Hawaii SIP;
and
Specifying the extent of our disapproval for the Hawaii
Infrastructure SIP for the various elements under CAA section
110(a)(2).
EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action are
unnecessary because today's clarification of EPA's August 9, 2012 final
rule approving in part and disapproving in part the 2011 Hawaii
Infrastructure SIP has no substantive impact on that approval and the
clarification makes no substantive difference to EPA's analysis as set
out in that rule. In addition, EPA can identify no particular reason
why the public would be interested in being notified of this
clarification since the opportunity to comment on the action to approve
in part and disapprove in part the 2011 Hawaii Infrastructure SIP was
previously provided and no comments were received.
EPA also finds that there is good cause under APA section 553(d)(3)
for this clarification to become effective on the date of publication
of this action. Section 553(d)(3) of the APA allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' (5 U.S.C.
553(d)(3)). The purpose of the 30-day waiting period prescribed in APA
section 553(d)(3), is to give affected parties a reasonable time to
adjust their behavior and prepare before the final
[[Page 17870]]
rule takes effect. Today's rule, however, does not create any new
regulatory requirements such that affected parties would need time to
prepare before the rule takes effect. Rather, today's rule simply
clarifies the contents of the applicable plan as approved on August 9,
2012, and specifies the extent to which EPA disapproved the December
14, 2011 SIP submittal. For these reasons, EPA finds good cause under
APA section 553(d)(3) for this clarification to become effective on the
date of publication of this action.
II. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely clarifies the contents of the applicable Hawaii SIP as approved
on August 9, 2012, and specifies the extent to which EPA disapproved
the 2011 Hawaii Infrastructure SIP in the August 9, 2012 final rule.
This clarification has no substantive impact on EPA's August 9, 2012,
approval and it imposes no additional requirements beyond those imposed
by state law. Accordingly, the Administrator certifies that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this clarification does not impose any additional
enforceable duty beyond that required by state law, it 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).
This clarification also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely clarifies the contents of a state plan implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This action also is
not subject to Executive Order 13045, ``Protection of Children From
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This action does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 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
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. 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.
section 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 May 30, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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. 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, Oxides of nitrogen, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 28, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
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 (e) is amended by:
0
a. Removing the entry for ``Section III--Legal Authority'';
0
b. Revising the table section entitled ``State of Hawaii Air Pollution
Control Implementation Plan for Lead'';
0
c. Adding a table section entitled ``Hawaii Revised Statutes, Division
1 (Government), Title 7 (Public officers and employees), Chapter 84
(Standards of Conduct)'' at the end of the table;
0
d. Adding a table section entitled ``Hawaii Revised Statutes, Chapter
342, Hawaii Statute on Environmental Quality''; and
0
e. Adding a table section entitled ``Hawaii Revised Statutes, Division
1 (Government), Title 19 (Health), Chapter 342B (Air Pollution
Control)''.
The revisions and additions read as follows:
Sec. 52.620 Identification of plan.
* * * * *
(e) * * *
[[Page 17871]]
EPA-Approved Hawaii Nonregulatory Provisions and Quasi-Regulatory Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of SIP revision or statutory Applicable geographic State
section number area or title submittal date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
State of Hawaii Air Pollution Control Implementation Plans for Ozone, PM2.5, and Lead
--------------------------------------------------------------------------------------------------------------------------------------------------------
State of Hawaii Air Pollution Control Statewide............... 10/29/82 8/18/83, 48 FR 37402..................... Excluding section II
Implementation Plan for Lead. (``Notice of Public
Hearing''); Hawaii Statute
on Environmental Quality,
Chapter 342, Hawaii Revised
Statutes, section 342-7
(see 74 FR 11037 (March 16,
2009); and section IV
(``Control Regulations'').
The statutory provisions in
Section III (``Legal
Authority'') superseded
statutory provisions
approved at 37 FR 10842
(May 31, 1972) and at 38 FR
30876 (November 8, 1973)
and were, with few
exceptions, superseded by
approval of more recent
statutory provisions at 77
FR 47530 (August 9, 2012).
Statutory provisions that
remain in the current
applicable SIP are listed
separately in the table in
paragraph (e).
State Implementation Plan Revision, Statewide............... 12/14/11 8/9/12, 77 FR 47530...................... Approval excludes appendix A
Clean Air Act Section 110(a)(2), (``Hawaii Revised Statutes,
1997 Ozone National Ambient Air Chapter 84, Standards of
Quality Standard and 1997 and 2006 Conduct, Chapter 342B, Air
PM2.5 National Ambient Air Quality Pollution Control''),
Standards. appendix B, (``Hawaii
Administrative Rules, Title
11, Chapter 60.1, Air
Pollution Control''),
appendix D (``SIP Public
Comment Proceedings''), and
appendix E (``Public
Proceedings for Hawaii
Administrative Rules,
Chapter 11-60.1'').
Approved statutory
provisions included in
appendix A are listed
separately in the table in
paragraph (e). In separate
rulemakings, EPA has taken
action to approve certain
regulations included in
appendix B. Approved
regulations are listed
separately in the table in
paragraph (c).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hawaii Revised Statutes, Division 1 (Government), Title 7 (Public officers and employees), Chapter 84 (Standards of Conduct)
--------------------------------------------------------------------------------------------------------------------------------------------------------
84-1................................. Construction............ 12/14/11 8/9/12, 77 FR 47530...................... Laws 1972, Act 163, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
84-2................................. Applicability........... 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
Laws 1979, Act 91, Sec.
3. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
84-3................................. Definitions............. 12/14/11 8/9/12, 77 FR 47530...................... Law as amended through 1984.
Included in appendix A to
the Hawaii SIP revision for
the 1997 ozone, and 1997
and 2006 PM2.5 national
ambient air quality
standards.
84-11................................ Gifts................... 12/14/11 8/9/12, 77 FR 47530...................... Law as amended through 1984.
Included in appendix A to
the Hawaii SIP revision for
the 1997 ozone, and 1997
and 2006 PM2.5 national
ambient air quality
standards.
84-11.5.............................. Reporting of gifts...... 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 322, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
84-12................................ Confidential information 12/14/11 8/9/12, 77 FR 47530...................... Law as amended through 1984.
Included in appendix A to
the Hawaii SIP revision for
the 1997 ozone, and 1997
and 2006 PM2.5 national
ambient air quality
standards.
84-14................................ Conflicts of interests.. 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
Laws 1978, Act 245, Sec.
2. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
84-17................................ Requirements of 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
disclosure. Laws 2007, Act 9, Sec. 4.
Included in appendix A to
the Hawaii SIP revision for
the 1997 ozone, and 1997
and 2006 PM2.5 national
ambient air quality
standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 17872]]
Hawaii Revised Statutes, Chapter 342, Hawaii Statute on Environmental Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
342-14............................... Technical defect........ 10/29/82 8/18/83, 48 FR 37402..................... Laws 1972, Act 100, pt of
Sec. 1. Included in
Section III (``Legal
Authority'') in the State
of Hawaii Air Pollution
Control Implementation Plan
for Lead.
342-18............................... Other powers of 10/29/82 8/18/83, 48 FR 37402..................... Laws 1972, Act 100, pt of
department not affected. Sec. 1. Included in
Section III (``Legal
Authority'') in the State
of Hawaii Air Pollution
Control Implementation Plan
for Lead.
342-19............................... Effect of laws, 10/29/82 8/18/83, 48 FR 37402..................... Most recently amended in
ordinances, rules, and Laws 1977, Act 115, Sec.
regulations. 6. Included in Section III
(``Legal Authority'') in
the State of Hawaii Air
Pollution Control
Implementation Plan for
Lead.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hawaii Revised Statutes, Division 1 (Government), Title 19 (Health), Chapter 342B (Air Pollution Control)
--------------------------------------------------------------------------------------------------------------------------------------------------------
342B-1............................... Definitions............. 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
Laws 1993, Act 208, Sec.
Sec. 2, 11. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-2............................... Administration.......... 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
Laws 1992, Act 240, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-3............................... General functions, 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
duties, and powers of Laws 2000, Act 253, Sec.
the director. 150. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-7............................... Annual reports.......... 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
Laws 1993, Act 208, Sec.
3. Most recently amended in
Laws 1993, c 208, Sec. 3.
Included in appendix A to
the Hawaii SIP revision for
the 1997 ozone, and 1997
and 2006 PM2.5 national
ambient air quality
standards.
342B-11.............................. Prohibition............. 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-12.............................. Specific powers of the 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
director. Laws 1994, Act 268, Sec.
1. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-13.............................. Public participation.... 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
Laws 2000, Act 150, Sec.
2. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-15.............................. Complaints; hearings; 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
appointment of masters. Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-16.............................. Research, educational, 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
and training programs. Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-17.............................. Air quality modelers.... 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
Laws 2000, Act 253, Sec.
150. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-21.............................. Specific functions, 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
duties, and powers of Laws 1994, Act 268, Sec.
the director. 2. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
[[Page 17873]]
342B-22.............................. Permit and permit 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
renewal; requirements. Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-23.............................. Application for permit.. 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-24.............................. Action on a permit 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
application. Laws 1993, Act 208, Sec.
5. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-25.............................. Approval of permit...... 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-26.............................. General and temporary 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
permits; single permit. Laws 1993, Act 208, Sec.
6. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-27.............................. Other permit action..... 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-28.............................. Recordkeeping and 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
monitoring requirements. Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-29.............................. Fees.................... 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
Laws 2009, Act 42, Sec.
2. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-30.............................. Judicial review......... 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-31.............................. Government records; 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
confidential Sec. 1. Included in
information. appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-32.............................. Clean air special fund.. 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-33.............................. Minimum permit 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
conditions. Laws 1994, Act 268, Sec.
3. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-34.............................. Exceptions.............. 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-41.............................. Inspection of premises.. 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-42.............................. Enforcement............. 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
Laws 1995, Act 180, Sec.
2. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-43.............................. Emergency powers; 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
procedures. Laws 1995, Act 201, Sec.
1. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
[[Page 17874]]
342B-44.............................. Injunctive and other 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
relief. Laws 1995, Act 180, Sec.
3. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-45.............................. Citation................ 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
Laws 1997, Act 27, Sec.
1. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-46.............................. Appeal.................. 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-47.............................. Civil penalties......... 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
Laws 1993, Act 208, Sec.
8. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-48.............................. Administrative penalties 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
Laws 1994, Act 268, Sec.
4. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-49.............................. Criminal penalties...... 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
Laws 1993, Act 208, Sec.
9. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
342B-50.............................. Disposition of collected 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
fines and penalties. Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-51.............................. Enforcement by state and 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
county authorities. Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-52.............................. Nonliability of 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
department personnel. Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-53.............................. Other action not barred. 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-54.............................. Priority in courts...... 12/14/11 8/9/12, 77 FR 47530...................... Laws 1992, Act 240, pt of
Sec. 1. Included in
appendix A to the Hawaii
SIP revision for the 1997
ozone, and 1997 and 2006
PM2.5 national ambient air
quality standards.
342B-55.............................. Consent orders; 12/14/11 8/9/12, 77 FR 47530...................... Most recently amended in
settlement agreements. Laws 1993, Act 208, Sec.
10. Included in appendix A
to the Hawaii SIP revision
for the 1997 ozone, and
1997 and 2006 PM2.5
national ambient air
quality standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
3. Section 52.623 is revised to read as follows:
Sec. 52.623 Approval status.
(a) With the exceptions set forth in this subpart, the
Administrator approves Hawaii's plan for attainment and maintenance of
the national standards. The State included various provisions in its
plan to provide for the attainment of the State ambient air quality
standards. As described in the Governor's letters of January 28, May 8,
and May 22, 1972, these provisions were included for information
purposes only and were not to be considered a part of the plan to
implement national standards. Accordingly, these additional provisions
are not considered a part of the applicable plan.
(b) 1997 8-hour ozone NAAQS: The SIP submitted on December 14, 2011
is partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C)
and (J), and is disapproved for CAA elements 110(a)(2)(D)(i)(II) and
(D)(ii).
(c) 1997 PM2.5 NAAQS: The SIP submitted on December 14,
2011 is partially disapproved for Clean Air Act (CAA) elements
110(a)(2)(C) and (J), and is disapproved for CAA elements
110(a)(2)(D)(i)(II) and (D)(ii).
(d) 2006 PM2.5 NAAQS: The SIP submitted on December 14,
2011 is partially disapproved for Clean Air Act (CAA) elements
110(a)(2)(C) and (J), and is disapproved for CAA elements
110(a)(2)(D)(i)(II) and (D)(ii).
[FR Doc. 2014-05526 Filed 3-28-14; 8:45 am]
BILLING CODE 6560-50-P
