Approval and Promulgation of State Implementation Plans; Hawaii; Infrastructure Requirements for the 2008 8-Hour Ozone and the 2010 Nitrogen Dioxide National Ambient Air Quality Standards, 49454-49457 [2014-19688]
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Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations
Townsend Road, Philadelphia, PA
19154. The telephone number is 215–
305–2000.
(i) The National Archives at Riverside
is located at 23123 Cajalco Road, Perris,
CA 92570. The telephone number is
951–956–2000.
(j) The National Archives at San
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number is 650–238–3478.
(k) The National Archives at Seattle is
located at 6125 Sand Point Way, NE.,
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number is 206–336–5141.
(l) The National Archives at St. Louis
is located at 1 Archives Drive, St. Louis,
MO 63138. The telephone number is
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§ 1253.8
As published, the final regulations
contain an error in the amendatory
instruction and set-out text:
■
7. Redesignate § 1253.8 as § 1253.6.
FOR FURTHER INFORMATION CONTACT:
Kathy Ayala, Air Program, Mailcode 8P–
AR, Environmental Protection Agency,
Region 8, 1595 Wynkoop Street, Denver,
Colorado, 80202–1129, (303) 312–6142
or ayala.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
8. Redesignate § 1253.9 as § 1253.7
and in the newly designated paragraph
§ 1253.7(c), remove ‘‘(with the exception
of the Lyndon Baines Johnson Library
which is only closed December 25).’’
■
§ 1253.10 [Redesignated as § 1253.8 and
Amended]
9. Redesignate § 1253.10 as § 1253.8
and in the newly designated paragraph
§ 1253.8(a), remove ‘‘§ 1253.10(c)’’ and
add in its place ‘‘§ 1253.8(c),’’ and
remove ‘‘§ 1253.10(d)’’ and add in its
place ‘‘§ 1253.8(d).’’
■
Dated: August 11, 2014.
David S. Ferriero,
Archivist of the United States.
Approval and Promulgation of State
Implementation Plans; Hawaii;
Infrastructure Requirements for the
2008 8-Hour Ozone and the 2010
Nitrogen Dioxide National Ambient Air
Quality Standards
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Accordingly, 40 CFR part 52 is
corrected by making the following
correcting amendment:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Authority: 42 U.S.C. 7401 et seq.
[FR Doc. 2014–19533 Filed 8–20–14; 8:45 am]
Subpart G—Colorado
ENVIRONMENTAL PROTECTION
AGENCY
2. Section 52.320 is amended by
adding paragraph (c)(114) to read as
follows:
40 CFR Part 52
§ 52.320
■
Approval and Promulgation of Air
Quality Implementation Plans;
Colorado; Revisions to Regulation
Number 1; Correction
Environmental Protection
Agency (EPA).
ACTION: Direct final rule; correction.
AGENCY:
This document contains a
correction to the direct final rule, which
published on May 10, 2010. Errors in
the amendatory instruction are
identified and corrected in this action.
SUMMARY:
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Need for Correction
1. The authority citation for part 52
continues to read as follows:
[EPA–R08–OAR–2009–0790; FRL–9914–08–
Region 8]
[FR Doc. 2014–19686 Filed 8–20–14; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
■
BILLING CODE 7515–01–P
Dated: August 5, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.
In a direct final rule published on
May 10, 2010, 75 FR 25772, amendatory
instruction number 2 for
§ 52.320(c)(114) was incorrectly stated.
This document corrects this amendatory
instruction and set-out text to read as
follows:
List of Subjects in 40 CFR Part 52
§ 1253.9 [Redesignated as § 1253.7 and
Amended]
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on November 30, 2006, published in
Colorado Register, Volume 29, Number
11.
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*
Background
[Redesignated as § 1253.6]
This document is effective
August 21, 2014.
DATES:
Identification of plan.
*
*
*
*
*
(c) * * *
(114) On August 1, 2007, the State of
Colorado submitted revisions to
Colorado Regulation Number 1 to be
incorporated into the Colorado SIP. The
submittal revised Section III.B.2. by
adding ‘‘and air curtain destructors
subject to 40 CFR 60’’ to the first
sentence of Section III.B.2.
(i) Incorporation by reference.
(A) 5 CCR 1001–3, Code of Colorado
Regulations, Regulation Number 1,
Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur
Oxides, PARTICULATE MATTER,
Section III.B.2, ‘‘Incinerators,’’ effective
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40 CFR Part 52
[EPA–R09–OAR–2014–0317; FRL–9915–38–
Region 9]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
a State Implementation Plan (SIP)
revision submitted by the State of
Hawaii on April 4, 2014, pursuant to the
requirements of the Clean Air Act (CAA
or the Act) for the 8-Hour Ozone and the
2010 Nitrogen Dioxide national ambient
air quality standards (NAAQS). Section
110(a) of the CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA.
DATES: This final rule is effective on
September 22, 2014.
ADDRESSES: EPA has established a
docket for this action, identified by
Docket ID Number EPA–R09–OAR–
2014–0317. 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: Tom
Kelly, Air Planning Office (AIR–2), U.S.
Environmental Protection Agency,
Region IX, (415) 972–3856,
kelly.thomasp@epa.gov.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Table of Contents
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I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
On May 19, 2014 (79 FR 28659), EPA
proposed to approve elements of the
Hawaii State Implementation Plan
Revision for 8-Hour Ozone and the 2010
Nitrogen Dioxide National Ambient Air
Quality Standards, Clean Air Act
§ 110(a)(1) and (2) (‘‘Hawaii Ozone and
Nitrogen Dioxide Infrastructure SIP’’),
submitted by the State of Hawaii on
April 4, 2014. In particular, we
proposed to approve Hawaii
Administrative Rules (HAR) section 11–
60.1–31, as well as Hawaii Revised
Statutes (HRS) sections 342B–4 and
342B–5 into the Hawaii SIP and to
remove HRS sections 342–14, 342–18
and 342–19 from the SIP. We also
proposed to approve the Hawaii Ozone
and Nitrogen Dioxide Infrastructure SIP
with respect to the following CAA
requirements:
• Section 110(a)(2)(A): Emission
limits and other control measures.
• Section 110(a)(2)(B): Ambient air
quality monitoring/data system.
• Section 110(a)(2)(C) (in part):
Program for enforcement of control
measures and regulation of new
stationary sources (minor NSR
program).
• Section 110(a)(2)(E): Adequate
resources and authority, conflict of
interest, and oversight of local
governments and regional agencies.
• Section 110(a)(2)(F): Stationary
source monitoring and reporting.
• Section 110(a)(2)(G): Emergency
episodes.
• Section 110(a)(2)(H): SIP revisions.
• Section 110(a)(2)(J) (in part): Public
notification (sub-element 2).
• Section 110(a)(2)(K): Air quality
modeling and submission of modeling
data..
• Section 110(a)(2)(L): Permitting
fees.
• Section 110(a)(2)(M): Consultation/
participation by affected local entities.
We did not propose to take action on the
Hawaii Ozone and Nitrogen Dioxide
Infrastructure SIP with respect to the
following sub-elements: 110(a)(2)(C)
sub-element 3 (preconstruction PSD
permitting of major sources);
110(a)(2)(D) all sub-elements; and
110(a)(2)(J) sub-elements 1 (consultation
with identified officials on certain air
agency actions) and 3 (PSD).
The rationale supporting EPA’s
action, including the scope of
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infrastructure SIPs in general, is
explained in the proposed rule and the
associated technical support document
(TSD) and will not be restated here. The
TSD is available online at https://
www.regulations.gov, Docket ID number
EPA–R09–OAR– 2014–0317. We did not
received any public comments on our
proposal.
II. Final Action
EPA is approving HAR section 11–
60.1–31 and HRS sections 342B–4 and
342B–5 into the Hawaii SIP and
removing HRS sections 342–14, 342–18
and 342–19 from the SIP.
EPA is also approving the Hawaii
Ozone and Nitrogen Dioxide
Infrastructure SIP with respect to the
following requirements:
• Section 110(a)(2)(A): Emission
limits and other control measures.
• Section 110(a)(2)(B): Ambient air
quality monitoring/data system.
• Section 110(a)(2)(C) (in part):
Program for enforcement of control
measures and regulation of new
stationary sources (minor NSR
program).
• Section 110(a)(2)(E): Adequate
resources and authority, conflict of
interest, and oversight of local
governments and regional agencies.
• Section 110(a)(2)(F): Stationary
source monitoring and reporting.
• Section 110(a)(2)(G): Emergency
episodes.
• Section 110(a)(2)(H): SIP revisions.
• Section 110(a)(2)(J) (in part): Public
notification (sub-element 2).
• Section 110(a)(2)(K): Air quality
modeling and submission of modeling
data.
• Section 110(a)(2)(L): Permitting
fees.
• Section 110(a)(2)(M): Consultation/
participation by affected local entities.
III. Statutory and Executive Order
Reviews
Under the CAA, 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 CAA. Accordingly, this action
merely approves certain state laws as
meeting federal requirements; this
action 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);
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• 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 CAA; and,
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 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
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this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 20, 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, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: August 5, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Therefore, 40 CFR part 52 is 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. In § 52.620:
a. In the table in paragraph (c), add an
entry for ‘‘11–60.1–31’’ after the entry
for ‘‘11–60.1–20.’’
■ b. In the table in paragraph (e), revise
the table section heading entitled ‘‘State
of Hawaii Air Pollution Control
Implementation Plans for Ozone, PM2.5,
and Lead.’’
■ c. In the table in paragraph (e), add an
entry for ‘‘Hawaii State Implementation
■
■
Plan Revision, National Ambient Air
Quality Standards for 2008 Ozone and
2010 Nitrogen Dioxide, Clean Air Act
Section 110(a)(1) & (2), excluding
attachment 3, and appendices A, B, and
C’’ after the entry for ‘‘Hawaii State
Implementation Plan Revision for 2008
Lead National Ambient Air Quality
Standard, Clean Air Act Section
110(a)(1) & (2), excluding attachment 6,
and appendices A, B, C, F.’’
■ d. In the table in paragraph (e),
remove the table section heading
entitled ‘‘Hawaii Revised Statutes,
Chapter 342, Hawaii Statute on
Environmental Quality.’’
■ e. In the table in paragraph (e), add
entries for ‘‘342B–4’’ and ‘‘342B–5’’ after
the entry for ‘‘342B–3.’’
The additions and revisions read as
follows:
§ 52.620
Identification of plan.
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(c) * * *
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EPA-APPROVED STATE OF HAWAII REGULATIONS
State citation
Title/subject
*
*
*
Effective date
*
EPA approval date
Explanation
*
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Department of Health, Title 11, Chapter 60.1, Air Pollution Control, Hawaii Administrative Rules
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11–60.1–31 .......................................
*
*
*
*
Applicability ..................
*
*
*
*
*
*
11/26/93
*
*
8/21/14 [Insert Federal
Register citation].
*
*
Newly added to the Hawaii SIP.
Submitted on April 4, 2014.
*
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*
(e) * * *
EPA APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or
nonattainment area
Name of SIP
provision
*
State submittal
date
*
*
*
EPA approval date
Explanation
*
*
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State of Hawaii Air Pollution Control Implementation Plans for Nitrogen Dioxide, Ozone, PM2.5, and Lead
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Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations
EPA APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued
Applicable
geographic or
nonattainment area
*
State submittal
date
*
Name of SIP
provision
*
*
Hawaii State Implementation Plan
Revision, National Ambient Air
Quality Standards for 2008 Ozone
and 2010 Nitrogen Dioxide, Clean
Air Act Section 110(a)(1) & (2), excluding attachment 3, and appendices A, B, and C.
*
Statewide .....................
*
*
EPA approval date
Explanation
*
4/4/14
*
*
8/21/14 [Insert Federal
Register citation].
*
Approved SIP revision excludes attachment 3 (‘‘Summary of Public
Participation Proceedings’’), appendix A (‘‘Hawaii Revised Statutes, Title 19, Health, Chapter
342B, Air Pollution Control Sections 4 and 5’’); appendix B
(‘‘Hawaii Administrative Rules,
Title 11, Department of Health,
Chapter 11–60.1, Air Pollution
Control, Section 31;), appendix C
(‘‘Approvals & Public Participation
Proceedings for HAR § 11–60.1–
31:
November
26,
1993
version’’). The statutory provisions in appendix A are listed
separately in the table under
paragraph (e). The regulations in
appendix B are listed separately
in the table under paragraph (c).
This action addresses the following CAA elements or portions
thereof for the 2008 Ozone and
2010 Nitrogen Dioxide NAAQS:
110(a)(2)(A), (B), (C), (E), (F),
(G), (H), (J), (K), (L), and (M).
*
*
*
Hawaii Revised Statutes, Division 1 (Government), Title 19 (Health), Chapter 342B (Air Pollution Control)
*
*
342B–4 ..............................................
*
Other powers of department and director not
affected.
342B–5 ..............................................
Effect of laws, ordinances, and rules.
*
*
*
*
4/4/14
*
8/21/14 [Insert Federal
Register citation].
4/4/14
8/21/14 [Insert Federal
Register citation].
*
*
*
Most recently amended in Laws
1992, Act 240, pt of § 1. Included
in appendix A to the Hawaii State
Implementation Plan Revision,
National Ambient Air Quality
Standards for 2008 Ozone and
2010 Nitrogen Dioxide, Clean Air
Act Section 110(a)(1) & (2).
Most recently amended in Laws
1992, Act 240, pt of § 1. Included
in appendix A to the Hawaii State
Implementation Plan Revision,
National Ambient Air Quality
Standards for 2008 Ozone and
2010 Nitrogen Dioxide, Clean Air
Act Section 110(a)(1) & (2).
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[FR Doc. 2014–19688 Filed 8–20–14; 8:45 am]
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]]>Agencies
[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Rules and Regulations]
[Pages 49454-49457]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19688]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0317; FRL-9915-38-Region 9]
Approval and Promulgation of State Implementation Plans; Hawaii;
Infrastructure Requirements for the 2008 8-Hour Ozone and the 2010
Nitrogen Dioxide National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of a State Implementation Plan (SIP) revision submitted by the
State of Hawaii on April 4, 2014, pursuant to the requirements of the
Clean Air Act (CAA or the Act) for the 8-Hour Ozone and the 2010
Nitrogen Dioxide national ambient air quality standards (NAAQS).
Section 110(a) of the CAA requires that each state adopt and submit a
SIP for the implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA.
DATES: This final rule is effective on September 22, 2014.
ADDRESSES: EPA has established a docket for this action, identified by
Docket ID Number EPA-R09-OAR-2014-0317. 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: Tom Kelly, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3856,
kelly.thomasp@epa.gov.
[[Page 49455]]
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
On May 19, 2014 (79 FR 28659), EPA proposed to approve elements of
the Hawaii State Implementation Plan Revision for 8-Hour Ozone and the
2010 Nitrogen Dioxide National Ambient Air Quality Standards, Clean Air
Act Sec. 110(a)(1) and (2) (``Hawaii Ozone and Nitrogen Dioxide
Infrastructure SIP''), submitted by the State of Hawaii on April 4,
2014. In particular, we proposed to approve Hawaii Administrative Rules
(HAR) section 11-60.1-31, as well as Hawaii Revised Statutes (HRS)
sections 342B-4 and 342B-5 into the Hawaii SIP and to remove HRS
sections 342-14, 342-18 and 342-19 from the SIP. We also proposed to
approve the Hawaii Ozone and Nitrogen Dioxide Infrastructure SIP with
respect to the following CAA requirements:
Section 110(a)(2)(A): Emission limits and other control
measures.
Section 110(a)(2)(B): Ambient air quality monitoring/data
system.
Section 110(a)(2)(C) (in part): Program for enforcement of
control measures and regulation of new stationary sources (minor NSR
program).
Section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local governments and regional
agencies.
Section 110(a)(2)(F): Stationary source monitoring and
reporting.
Section 110(a)(2)(G): Emergency episodes.
Section 110(a)(2)(H): SIP revisions.
Section 110(a)(2)(J) (in part): Public notification (sub-
element 2).
Section 110(a)(2)(K): Air quality modeling and submission
of modeling data..
Section 110(a)(2)(L): Permitting fees.
Section 110(a)(2)(M): Consultation/participation by
affected local entities.
We did not propose to take action on the Hawaii Ozone and Nitrogen
Dioxide Infrastructure SIP with respect to the following sub-elements:
110(a)(2)(C) sub-element 3 (preconstruction PSD permitting of major
sources); 110(a)(2)(D) all sub-elements; and 110(a)(2)(J) sub-elements
1 (consultation with identified officials on certain air agency
actions) and 3 (PSD).
The rationale supporting EPA's action, including the scope of
infrastructure SIPs in general, is explained in the proposed rule and
the associated technical support document (TSD) and will not be
restated here. The TSD is available online at https://www.regulations.gov, Docket ID number EPA-R09-OAR- 2014-0317. We did
not received any public comments on our proposal.
II. Final Action
EPA is approving HAR section 11-60.1-31 and HRS sections 342B-4 and
342B-5 into the Hawaii SIP and removing HRS sections 342-14, 342-18 and
342-19 from the SIP.
EPA is also approving the Hawaii Ozone and Nitrogen Dioxide
Infrastructure SIP with respect to the following requirements:
Section 110(a)(2)(A): Emission limits and other control
measures.
Section 110(a)(2)(B): Ambient air quality monitoring/data
system.
Section 110(a)(2)(C) (in part): Program for enforcement of
control measures and regulation of new stationary sources (minor NSR
program).
Section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local governments and regional
agencies.
Section 110(a)(2)(F): Stationary source monitoring and
reporting.
Section 110(a)(2)(G): Emergency episodes.
Section 110(a)(2)(H): SIP revisions.
Section 110(a)(2)(J) (in part): Public notification (sub-
element 2).
Section 110(a)(2)(K): Air quality modeling and submission
of modeling data.
Section 110(a)(2)(L): Permitting fees.
Section 110(a)(2)(M): Consultation/participation by
affected local entities.
III. Statutory and Executive Order Reviews
Under the CAA, 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 CAA. Accordingly, this
action merely approves certain state laws as meeting federal
requirements; this action 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 CAA; and,
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 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
[[Page 49456]]
this action must be filed in the United States Court of Appeals for the
appropriate circuit by October 20, 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,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 5, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Therefore, 40 CFR part 52 is 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. In Sec. 52.620:
0
a. In the table in paragraph (c), add an entry for ``11-60.1-31'' after
the entry for ``11-60.1-20.''
0
b. In the table in paragraph (e), revise the table section heading
entitled ``State of Hawaii Air Pollution Control Implementation Plans
for Ozone, PM2.5, and Lead.''
0
c. In the table in paragraph (e), add an entry for ``Hawaii State
Implementation Plan Revision, National Ambient Air Quality Standards
for 2008 Ozone and 2010 Nitrogen Dioxide, Clean Air Act Section
110(a)(1) & (2), excluding attachment 3, and appendices A, B, and C''
after the entry for ``Hawaii State Implementation Plan Revision for
2008 Lead National Ambient Air Quality Standard, Clean Air Act Section
110(a)(1) & (2), excluding attachment 6, and appendices A, B, C, F.''
0
d. In the table in paragraph (e), remove the table section heading
entitled ``Hawaii Revised Statutes, Chapter 342, Hawaii Statute on
Environmental Quality.''
0
e. In the table in paragraph (e), add entries for ``342B-4'' and
``342B-5'' after the entry for ``342B-3.''
The additions and revisions read as follows:
Sec. 52.620 Identification of plan.
* * * * *
(c) * * *
* * * * *
EPA-Approved State of Hawaii Regulations
----------------------------------------------------------------------------------------------------------------
State citation Title/subject Effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Department of Health, Title 11, Chapter 60.1, Air Pollution Control, Hawaii Administrative Rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
11-60.1-31....................... Applicability...... 11/26/93 8/21/14 [Insert Newly added to the
Federal Register Hawaii SIP.
citation]. Submitted on April
4, 2014.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA Approved Hawaii Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State EPA approval date Explanation
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
State of Hawaii Air Pollution Control Implementation Plans for Nitrogen Dioxide, Ozone, PM2.5, and Lead
----------------------------------------------------------------------------------------------------------------
[[Page 49457]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Hawaii State Implementation Plan Statewide.......... 4/4/14 8/21/14 [Insert Approved SIP
Revision, National Ambient Air Federal Register revision excludes
Quality Standards for 2008 Ozone citation]. attachment 3
and 2010 Nitrogen Dioxide, Clean (``Summary of
Air Act Section 110(a)(1) & (2), Public
excluding attachment 3, and Participation
appendices A, B, and C. Proceedings''),
appendix A
(``Hawaii Revised
Statutes, Title
19, Health,
Chapter 342B, Air
Pollution Control
Sections 4 and
5''); appendix B
(``Hawaii
Administrative
Rules, Title 11,
Department of
Health, Chapter 11-
60.1, Air
Pollution Control,
Section 31;),
appendix C
(``Approvals &
Public
Participation
Proceedings for
HAR Sec. 11-60.1-
31: November 26,
1993 version'').
The statutory
provisions in
appendix A are
listed separately
in the table under
paragraph (e). The
regulations in
appendix B are
listed separately
in the table under
paragraph (c).
This action
addresses the
following CAA
elements or
portions thereof
for the 2008 Ozone
and 2010 Nitrogen
Dioxide NAAQS:
110(a)(2)(A), (B),
(C), (E), (F),
(G), (H), (J),
(K), (L), and (M).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Hawaii Revised Statutes, Division 1 (Government), Title 19 (Health), Chapter 342B (Air Pollution Control)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
342B-4........................... Other powers of 4/4/14 8/21/14 [Insert Most recently
department and Federal Register amended in Laws
director not citation]. 1992, Act 240, pt
affected. of Sec. 1.
Included in
appendix A to the
Hawaii State
Implementation
Plan Revision,
National Ambient
Air Quality
Standards for 2008
Ozone and 2010
Nitrogen Dioxide,
Clean Air Act
Section 110(a)(1)
& (2).
342B-5........................... Effect of laws, 4/4/14 8/21/14 [Insert Most recently
ordinances, and Federal Register amended in Laws
rules. citation]. 1992, Act 240, pt
of Sec. 1.
Included in
appendix A to the
Hawaii State
Implementation
Plan Revision,
National Ambient
Air Quality
Standards for 2008
Ozone and 2010
Nitrogen Dioxide,
Clean Air Act
Section 110(a)(1)
& (2).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2014-19688 Filed 8-20-14; 8:45 am]
BILLING CODE 6560-50-P
