[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Rules and Regulations]
[Pages 25084-25087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10102]
[[Page 25084]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0082; FRL-9634-1]
Revisions to the Hawaii State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Hawaii State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC), oxides of nitrogen (NOX),
and particulate matter (PM) emissions from motor vehicles, water
separation, pumps, compressors, waste gas, and open burning, as well as
several administrative requirements. We are approving local rules that
regulate these emission sources under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: This rule is effective on June 26, 2012 without further notice,
unless EPA receives adverse comments by May 29, 2012. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0082, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: [email protected].
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agency and submitted by the Hawaii
Department of Health (HDOH).
Table 1--Submitted Rules
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Local agency Rule No. Rule title Revised Submitted
----------------------------------------------------------------------------------------------------------------
HDOH.................................. 11-60.1-1 Definitions............. 11/14/03 12/14/11
HDOH.................................. 11-60.1-2 Prohibition of air 11/14/03 12/14/11
pollution.
HDOH.................................. 11-60.1-4 Certification........... 11/14/03 12/14/11
HDOH.................................. 11-60.1-8 Reporting discontinuance 11/14/03 12/14/11
HDOH.................................. 11-60.1-11 Sampling, testing, and 11/14/03 12/14/11
reporting methods.
HDOH.................................. 11-60.1-14 Public access to 11/14/03 12/14/11
information.
HDOH.................................. 11-60.1-15 Reporting of equipment 11/14/03 12/14/11
shutdown.
HDOH.................................. 11-60.1-16 Prompt reporting of 11/14/03 12/14/11
deviations.
HDOH.................................. 11-60.1-17 Prevention of air 11/14/03 12/14/11
pollution emergency
episodes.
HDOH.................................. 11-60.1-20 Severability............ 11/14/03 12/14/11
HDOH.................................. 11-60.1-32 Visible emissions....... 11/14/03 12/14/11
HDOH.................................. 11-60.1-34 Motor vehicles.......... 11/14/03 12/14/11
HDOH.................................. 11-60.1-40 Volatile organic 11/14/03 12/14/11
compound water
separation.
HDOH.................................. 11-60.1-41 Pump and compressor 11/14/03 12/14/11
requirements.
HDOH.................................. 11-60.1-42 Waste gas disposal...... 11/14/03 12/14/11
HDOH.................................. 11-60.1-51 Definitions............. 11/14/03 12/14/11
HDOH.................................. 11-60.1-53 Agricultural burning: 11/14/03 12/14/11
permit requirement.
HDOH.................................. 11-60.1-54 Agricultural burning: 11/14/03 12/14/11
applications.
HDOH.................................. 11-60.1-56 Agricultural burning: 11/14/03 12/14/11
recordkeeping and
monitoring.
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[[Page 25085]]
On January 27, 2012, EPA determined that the submittal for Hawaii
Department of Health Chapter 60.1 met the completeness criteria in 40
CFR Part 51 Appendix V, which must be met before formal EPA review.
B. Are there other versions of these rules?
There are no previous versions of Rules 11-60.1-4, 11-60.1-14, 11-
60.1-40, 11-60.1-41, 11-60.1-42, and 11-60.1-51 in the SIP. We approved
earlier versions of Rules 11-60.1-1 (formerly numbered 11-60-1), 11-
60.1-2 (11-60-17), 11-60.1-8 (11-60-10), 11-60.1-11 (11-60-15 and 11-
60-6), 11-60.1-15 (11-60-16), 11-60.1-16 (11-60-16), 11-60.1-17 (11-60-
35), 11-60.1-20 (11-60-38), 11-60.1-32 (11-60-24), 11-60.1-34 (11-60-
25), 11-60.1-53 (11-60-19), 11-60.1-54 (11-60-20), and 11-60.1-56 (11-
60-22) into the SIP on August 18, 1983 (48 FR 37402). The HDOH adopted
revisions to the SIP-approved versions on November 14, 2003 and
submitted them to us on December 14, 2011.
C. What is the purpose of the submitted rule revisions?
VOCs and NOX help produce ground-level ozone and smog,
which harm human health and the environment. PM contributes to effects
that are harmful to human health and the environment, including
premature mortality, aggravation of respiratory and cardiovascular
disease, decreased lung function, visibility impairment, and damage to
vegetation and ecosystems. Section 110(a) of the CAA requires States to
submit regulations that control VOC, NOX, and PM emissions.
New rules requiring controls on water separation units, pumps,
compressors, and waste gas disposal have been adopted. Several rule
revisions have been made to update and clarify administrative rules.
EPA's technical support document (TSD) has more information about these
rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act), and must not relax existing requirements (see sections 110(l)).
Section 193 of the CAA does not apply to this action because the entire
State of Hawaii is designated unclassifiable/attainment for all of the
current NAAQS.
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability and SIP relaxations. The TSD has more
information on our evaluation.
C. Public Comment and Final Action.
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by May 29, 2012, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on June 26, 2012. This will incorporate these
rules into the federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 26, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does
[[Page 25086]]
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
Parties with objections to this direct final rule are encouraged to
file a comment in response to the parallel notice of proposed
rulemaking for this action published in the Proposed Rules section of
today's Federal Register, rather than file an immediate petition for
judicial review of this direct final rule, so that EPA can withdraw
this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: February 1, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart M--Hawaii
0
2. In Sec. 52.620, the table in paragraph (c) is amended by:
0
a. Removing the following thirteen entries under the category for Title
11, Chapter 60: 11-60-1, 11-60-6, 11-60-10, 11-60-15, 11-60-16, 11-60-
17, 11-60-19, 11-60-20, 11-60-22, 11-60-24, 11-60-25, 11-60-35, and 11-
60-38.
0
b. Following all entries in the category for Chapter 60, adding a new
category for Chapter 60.1.
0
c. Adding the following nineteen new entries under the category for
Chapter 60.1: sections 11-60.1-1, 11-60.1-2, 11-60.1-4, 11-60.1-8, 11-
60.1-11, 11-60.1-14, 11-60.1-15, 11-60.1-16, 11-60.1-17, 11-60.1-20,
11-60.1-32, 11-60.1-34, 11-60.1-40, 11-60.1-41, 11-60.1-42, 11-60.1-51,
11-60.1-53, 11-60.1-54, and 11-60.1-56.
The amendments to paragraph(c) read as follows:
Sec. 52.620 Identification of plan.
* * * * *
(c) * * *
EPA-Approved State of Hawaii Regulations
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State citation Title/subject Effective date EPA approval date Explanation
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* * * * * * *
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Department of Health, Title 11, Hawaii Administrative Rules
Chapter 60.1, Air Pollution
Control.
----------------------------------------------------------------------------------------------------------------
11-60.1-1........................ Definitions........ 11/14/2003 4/27/2012 [Insert Supersedes 11-60-1.
page number where
the document
begins].
11-60.1-2........................ Prohibition of air 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
pollution. page number where 17.
the document
begins].
11-60.1-4........................ Certification...... 11/14/2003 4/27/2012 [Insert New regulation.
page number where
the document
begins].
11-60.1-8........................ Reporting 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
discontinuance. page number where 10.
the document
begins].
11-60.1-11....................... Sampling, testing, 11/14/2003 4/27/2012 [Insert Supersedes 11-60-15
and reporting page number where and 11-60-6.
methods. the document
begins].
11-60.1-14....................... Public access to 11/14/2003 4/27/2012 [Insert New regulation.
information. page number where
the document
begins].
11-60.1-15....................... Reporting of 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
equipment shutdown. page number where 16.
the document
begins].
11-60.1-16....................... Prompt reporting of 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
deviations. page number where 16.
the document
begins].
11-60.1-17....................... Prevention of air 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
pollution page number where 35.
emergency episodes. the document
begins].
11-60.1-20....................... Severability....... 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
page number where 38.
the document
begins].
11-60.1-32....................... Visible emissions.. 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
page number where 24.
the document
begins].
11-60.1-34....................... Motor vehicles..... 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
page number where 25.
the document
begins].
[[Page 25087]]
11-60.1-40....................... Volatile organic 11/14/2003 4/27/2012 [Insert New regulation.
compound water page number where
separation. the document
begins].
11-60.1-41....................... Pump and compressor 11/14/2003 4/27/2012 [Insert New regulation.
requirements. page number where
the document
begins].
11-60.1-42....................... Waste gas disposal. 11/14/2003 4/27/2012 [Insert New regulation.
page number where
the document
begins].
11-60.1-51....................... Definitions........ 11/14/2003 4/27/2012 [Insert Supersedes 11-60-1.
page number where
the document
begins].
11-60.1-53....................... Agricultural 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
burning: permit page number where 19.
requirement. the document
begins].
11-60.1-54....................... Agricultural 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
burning: page number where 20.
applications. the document
begins].
11-60.1-56....................... Agricultural 11/14/2003 4/27/2012 [Insert Supersedes 11-60-
burning: page number where 22.
recordkeeping and the document
monitoring. begins].
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* * * * *
[FR Doc. 2012-10102 Filed 4-26-12; 8:45 am]
BILLING CODE 6560-50-P