[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Rules and Regulations]
[Pages 19012-19014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07565]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2013-0681; FRL-9909-07-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: Final rule.
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SUMMARY: Environmental Protection Agency (EPA) is approving elements of
a State Implementation Plan (SIP) revision submitted by the State of
Hawaii on February 13, 2013, pursuant to the requirements 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.
DATES: Effective Date: This final rule is effective on May 7, 2014.
ADDRESSES: EPA has established a docket for this action, identified by
Docket ID Number EPA-R09-OAR-2013-0681. 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
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
On October 23, 2013 (78 FR 63145), EPA proposed to approve elements
of the Hawaii State Implementation Plan Revision for 2008 Lead National
Ambient Air Quality Standard, Clean Air Act Sec. 110(a)(1) and (2)
(February 13, 2013) (``Hawaii Pb Infrastructure SIP''), submitted by
the State of Hawaii on
[[Page 19013]]
February 13, 2013. In our October 23, 2013 proposed rule, we also
proposed to approve Hawaii Administrative Rules (HAR) section 11-60.1-
90 (``Permit content'') into the Hawaii SIP.
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. The rationale supporting EPA's action,
including the scope of infrastructure SIPs in general, is explained in
that Notice of Proposed Rulemaking (NPR) and the associated technical
support document (TSD) and will not be restated here. The TSD is
available online at http://www.regulations.gov, Docket ID number EPA-
R09-OAR- 2013-0681. No public comments were received on the NPR.
II. Final Action
EPA is approving HAR 11-60.1-90 (``Permit content'') and elements
of the Hawaii Pb Infrastructure SIP. EPA is approving 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 New
Source Review (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 in our October 23, 2013 proposed rule and related TSD,
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 acting 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).
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.
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 6, 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, Lead, Reporting and
recordkeeping requirements.
Dated: March 14, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations 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,
[[Page 19014]]
0
a. The table in paragraph (c) is amended by adding an entry for ``11-
60.1-90'' after the entry for ``11-60.1-84''; and
0
b. The table in paragraph (e) is amended by adding an 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, and F'' after the entry
for ``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''.
The amendments read as follows:
Sec. 52.620 Identification of plan.
* * * * *
(c) * * *
EPA-Approved State of Hawaii Regulations
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Effective
State citation Title/subject date EPA-approval date Explanation
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* * * * * * *
11-60.1-90....................... Permit content...... 9/15/01 [Insert Federal Newly added to the
Register page Hawaii SIP.
number where the Submitted on
document begins and February 13, 2013.
4/7/2014].
* * * * * * *
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* * * * *
(e) * * *
EPA-Approved Hawaii Nonregulatory Provisions and QUASI-Regulatory Measures
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Applicable State
Name of SIP provision geographic or submittal EPA-approval date Explanation
nonattainment area date
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* * * * * * *
Hawaii State Implementation Statewide............ 2/13/13 [Insert Federal Approved SIP revision
Plan Revision for 2008 Lead Register page excludes attachment 6
National Ambient Air Quality number where the (``Summary of Public
Standard, Clean Air Act document begins Participation
Section 110(a)(1) & (2), and 4/7/2014]. Proceedings''),
excluding attachment 6, and appendix A (``Hawaii
appendices A, B, C, F. Revised Statutes
Chapter 342A, Air
Pollution Control''),
appendix B (``Hawaii
Revised Statutes
Chapter 84, Standards
of Conduct''),
appendix C (``Hawaii
Administrative Rules
Chapter 11-60.1, Air
Pollution Control''),
and appendix F
(``Approval and Public
Participation
Proceedings from the
Most Recent Amendment
and Public Comment for
HAR 11-60.1-90:
September 15, 2001
version''). The
statutory provisions
in appendices A and B
were previously
approved and are
listed separately in
the table under
paragraph (e). EPA-
approved regulations
contained in appendix
C are listed
separately in the
table under paragraph
(c). This action
addresses the
following CAA elements
or portions thereof
for the 2008 Pb NAAQS:
110(a)(2)(A), (B),
(C), (D)(i)(I), (E),
(F), (G), (H), (J),
(K), (L), and (M).
* * * * * * *
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[FR Doc. 2014-07565 Filed 4-4-14; 8:45 am]
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