[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]



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.


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 
     Section 110(a)(2)(B): Ambient air quality monitoring/data 
     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 
     Section 110(a)(2)(F): Stationary source monitoring and 
     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. 
    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:


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 Sec.  52.620,

[[Page 19014]]

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
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
          State citation               Title/subject         date       EPA-approval date        Explanation
                                                  * * * * * * *
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.
                                                  * * * * * * *

* * * * *
    (e) * * *

                   EPA-Approved Hawaii Nonregulatory Provisions and QUASI-Regulatory Measures
                                       Applicable          State
     Name of SIP provision           geographic or       submittal    EPA-approval date        Explanation
                                   nonattainment area       date
                                                  * * * * * * *
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
                                                                                          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).
                                                  * * * * * * *

[FR Doc. 2014-07565 Filed 4-4-14; 8:45 am]