[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Proposed Rules]
[Pages 63145-63148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24885]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2013-0681; FRL-9901-85-Region 9]
Approval and Promulgation of State Implementation Plans; Hawaii;
Infrastructure Requirements for the 2008 Lead National Ambient Air
Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve elements of a State Implementation
Plan
[[Page 63146]]
(SIP) revision submitted by the State of Hawaii on February 13, 2013,
pursuant to the requirements of of the Clean Air Act (CAA or the Act)
for the 2008 Lead (Pb) 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. We are taking comments on this proposal and plan to
follow with a final action.
DATES: Written comments must be received on or before November 22,
2013.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R09-OAR-2013-0681, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: 415-947-3579.
4. Mail or deliver: Dawn Richmond, Air Planning Office (AIR-2),
U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street,
San Francisco, CA 94105-3901. Deliveries are only accepted during the
Regional Office's normal hours of operation.
Instructions: All comments will be included in the public docket
without change and may be made available online at http://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 http://www.regulations.gov or email. http://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.
Docket: The index to the docket for this action is available
electronically at http://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, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
Table of Contents
I. Background
A. Statutory Framework and Scope of Infrastructure SIPs
B. Regulatory History
II. State Submittal and EPA Action
III. EPA's Evaluation and Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. Statutory Framework and Scope of Infrastructure SIPs
Section 110(a)(1) of the CAA requires states to make a SIP
submission within 3 years after the promulgation of a new or revised
primary NAAQS. Section 110(a)(2) includes a list of specific elements
that ``[e]ach such plan'' submission must include. Many of the section
110(a)(2) SIP elements relate to the general information and
authorities that constitute the ``infrastructure'' of a state's air
quality management program and SIP submittals that address these
requirements are referred to as ``infrastructure SIPs.'' These
infrastructure SIP elements are as follows:
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): Program for enforcement of control
measures and regulation of new stationary sources.
Section 110(a)(2)(D)(i): Interstate pollution transport.
Section 110(a)(2)(D)(ii): Interstate and international
pollution abatement.
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): Consultation with government
officials, public notification, and prevention of significant
deterioration (PSD) and visibility protection.
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.
Two elements identified in section 110(a)(2) are not governed by
the three-year submission deadline of section 110(a)(1) and are
therefore not addressed in this action. These elements relate to part D
of title I of the CAA, and submissions to satisfy them are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the same time nonattainment area plan requirements
are due under section 172. The two elements are: (i) Section
110(a)(2)(C) to the extent it refers to permit programs required under
part D (nonattainment New Source Review (NSR)), and (ii) section
110(a)(2)(I), pertaining to the nonattainment planning requirements of
part D. As a result, this action does not address infrastructure
elements related to the nonattainment NSR portion of section
110(a)(2)(C) or related to 110(a)(2)(I).
In addition, this rulemaking does not address three substantive
issues that are not integral to acting on a state's infrastructure SIP
submission: (i) Existing provisions related to excess emissions during
periods of start-up, shutdown, or malfunction at sources (SSM), that
may be contrary to the CAA and EPA's policies addressing such excess
emissions; (ii) existing provisions related to ``director's variance''
or ``director's discretion'' that purport to permit revisions to SIP
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA
(director's discretion); and, (iii) existing provisions for PSD
programs that may be inconsistent with current requirements of EPA's
``Final NSR Improvement Rule.'' \1\ Instead, EPA has indicated that it
has other authority to address any such existing SIP defects in other
rulemakings, as appropriate. A detailed rationale for why these issues
are not part of the scope of infrastructure SIP rulemakings can be
found in EPA's proposed rule entitled, ``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'' in
[[Page 63147]]
section I.C (``Scope of the Infrastructure SIP Evaluation'').\2\
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\1\ 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526
(June 13, 2007) (NSR Reform).
\2\ 77 FR 21913, 21914 (April 12, 2012). That proposal also
describes a similar rationale with respect to existing provisions
for minor source NSR programs. However, that rationale is not
relevant to today's proposal, as EPA recently approved a
comprehensive set of revisions to Hawaii's previous minor source NSR
rules. 77 FR 24148 (April 23, 2012).
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B. Regulatory Background
On October 15, 2008, EPA issued a revised NAAQS for Pb.\3\ This
action triggered a requirement for states to submit an infrastructure
SIP to address the applicable requirements of section 110(a)(2) by
October 15, 2011. On October 14, 2011, EPA issued ``Guidance on Section
110 Infrastructure SIPs for the 2008 Pb NAAQS.'' \4\
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\3\ 73 FR 66964. The final rule was signed on October 15, 2008
and published in the Federal Register on November 12, 2008. The 1978
Pb standard (1.5 [micro]g/m\3\ as a quarterly average) was modified
to a rolling 3 month average not to exceed 0.15 [mu]g/m3. EPA also
revised the secondary NAAQS to 0.15 [mu]g/m\3\ and made it identical
to the revised primary standard.
\4\ See Memorandum from Stephen D. Page, Director, Office of Air
Quality Planning and Standards, to Regional Air Division Directors,
Regions 1-10 (October 14, 2011).
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II. State Submittal and EPA Action
On February 13, 2013, the Hawaii Department of Health (HDOH)
submitted the ``Hawaii State Implementation Plan Revision for 2008 Lead
National Ambient Air Quality Standard Clean Air Act Sec. 110(a)(1) &
(2)'' (Hawaii Pb Infrastructure SIP), which includes (1) an
``Infrastructure SIP Certification of Adequacy,'' (2) Hawaii
Administrative Rules (HAR) section 11-60.1-90, (3) three technical
support documents concerning interstate transport under 110(a)(2)(D)
and (4) other supporting materials.\5\
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\5\ A copy of the complete Hawaii Pb Infrastructure SIP
submittal has been placed in the docket for this action.
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On February 26, 2013, EPA found that Hawaii had failed to make a
complete submittal to satisfy the requirements of section 110(a)(2) for
the 2008 Pb NAAQS.\6\ Specifically, EPA found Hawaii failed to submit
the infrastructure SIP elements that relate to the prevention of
significant deterioration (PSD) program in CAA sections 110(a)(2)(C),
(D)(i)(II), (D)(ii), and (J).\7\ We also explained that, because EPA
had already promulgated a FIP that addresses PSD-related requirements
for Hawaii, the finding of failure to submit would not trigger any
additional PSD FIP obligations.
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\6\ 78 FR 12961.
\7\ Id.
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III. EPA's Evaluation and Proposed Action
EPA has evaluated the Hawaii Pb Infrastructure SIP in relation to
the infrastructure SIP requirements of CAA section 110(a)(2) and the
applicable implementing regulations in 40 CFR Part 51. The Technical
Support Document (TSD) for this action, which is available in the
docket to this action, includes our evaluation for each element, as
well as our evaluation of HAR section 11-60.1-90.
Based upon this analysis, EPA proposes to approve HAR section 11-
60.1-90 into the Hawaii SIP. We also propose to approve the Hawaii Pb
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) only.
Section 110(a)(2)(D)(i)(I): Interstate transport
(significant contribution and interference with maintenance).
Section 110(a)(2)(D)(i)(II) (in part): Interstate
transport (visibility protection only).
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.
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.
As explained above, we previously found the Hawaii Pb
Infrastructure SIP incomplete with respect to the PSD-related
requirements of section 110(a)(2). Under CAA section 110(k)(1)(C),
where EPA determines that a portion of a SIP submission is incomplete,
``the State shall be treated as not having made the submission (or, in
the Administrator's discretion, part thereof).'' Accordingly, we are
not proposing to act on the Hawaii Pb Infrastructure SIP with respect
to the PSD-related requirements in Sections 110(a)(2)(C), (D)(i)(II),
(D)(ii), and (J).
IV. 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
proposed action merely approves some state law as meeting federal
requirements; this proposed action does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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.
[[Page 63148]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Lead, Reporting and recordkeeping requirements.
Dated: September 25, 2013.
Jared Blumenfeld,
Regional Administrator, EPA Region 9.
[FR Doc. 2013-24885 Filed 10-22-13; 8:45 am]
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