[Federal Register Volume 66, Number 199 (Monday, October 15, 2001)]
[Proposed Rules]
[Pages 52368-52370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25897]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[HI045-OPP; FRL-7083-5]


Clean Air Act Proposed Full Approval of Operating Permit Program; 
State of Hawaii

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the State of Hawaii's (``Hawaii'' 
or ``State'') operating permit program. The State operating permit 
program was submitted in response to the directive in the 1990 Clean 
Air Act (CAA) Amendments that permitting authorities develop, and 
submit to EPA, programs for issuing operating permits to all major 
stationary sources and to certain other sources within the permitting 
authorities' jurisdictions. EPA granted interim approval to the Hawaii 
operating permit program on December 1, 1994 but listed certain 
deficiencies in the program preventing full approval. Hawaii has 
revised its program to correct the deficiencies of the interim approval 
and this action proposes full approval of those revisions.

DATES: Written comments must be received by November 14, 2001.

ADDRESSES: Written comments on this action should be addressed to 
Gerardo Rios, Acting Chief, Permits Office, Air Division (AIR-3), EPA 
Region IX, 75 Hawthorne Street, San Francisco, California, 94105. You 
can inspect copies of the State's submittals, and other supporting 
documentation relevant to this action, during normal business hours at 
Air Division, EPA Region IX, 75 Hawthorne Street, San Francisco, 
California, 94105. You may also see copies of the submitted Title V 
program at the following locations between the hours of 7:45 a.m. and 
4:15 p.m.:

Oahu: Clean Air Branch, Department of Health, 919 Ala Moana Blvd., Room 
203, Honolulu.
Hilo: Office of the Chief Sanitarian, Department of Health, 1582 
Kamehameha Ave., Hilo.
Kona: Keakealani Building, Old Kona Hospital, Department of Health, 
Sanitation Branch, Kealakekua.
Maui: Office of the Chief Sanitarian, Department of Health, 54 High 
Street, Wailuku.
Kauai: Office of the Chief Sanitarian, Department of Health, 3040 Umi 
Street, Lihue.
MoloKai: Department of Health, 65 Makaena Place, Kaunakakai.

    You may also review the State's rule amendments by accessing the 
Department of Health's Web site at www.hawaii.gov/doh/proposed_rules/cab/index.html.

FOR FURTHER INFORMATION CONTACT: Robert Baker, EPA Region IX, at (415) 
744-1258 ([email protected]).

SUPPLEMENTARY INFORMATION: This section provides additional information 
by addressing the following questions:

    What is the operating permit program?
    What is being addressed in this document?
    What are the program changes that EPA is proposing to approve?
    What is involved in this proposed action?

What Is the Operating Permit Program?

    The Clean Air Act Amendments of 1990 required all state and local 
permitting authorities to develop operating permit programs that met 
certain federal criteria. In implementing the operating permit 
programs, the permitting authorities require certain sources of air 
pollution to obtain permits that contain all applicable requirements 
under the Clean Air Act (CAA). The focus of the operating permit 
program is to improve enforcement by issuing each source a permit that 
consolidates all of the applicable CAA requirements into a federally 
enforceable document. By consolidating all of the applicable 
requirements for a facility, the source, the public, and the permitting 
authorities can more easily determine what CAA requirements apply and 
how compliance with those requirements is determined.
    Sources required to obtain an operating permit under this program 
include ``major'' sources of air pollution and certain other sources 
specified in the CAA or in EPA's implementing regulations. For example, 
all sources regulated under the acid rain program, regardless of size, 
must obtain permits. Examples of major sources include those that have 
the potential to emit 100 tons per year or more of volatile organic 
compounds, carbon monoxide, lead, sulfur dioxide, nitrogen oxides 
(NOX), or particulate matter (PM10); those that 
emit 10 tons per year or more of any single hazardous air pollutant 
(HAP) listed under the CAA; or those that emit 25 tons per year or more 
of a combination of HAPs.

What Is Being Addressed in This Document?

    Where an operating permit program substantially, but not fully, met 
the criteria outlined in the implementing regulations codified at 40 
Code of Federal Regulations (CFR) part 70, EPA granted interim approval 
contingent on the state revising its program to correct the 
deficiencies. Because the State's operating permit program 
substantially, but not fully, met the requirements of part 70, EPA 
granted interim approval to the State's program on December 1, 1994. 
This Federal Register document describes the changes that the State has 
made to its operating permit program (Chapter 60.1 of the Hawaii 
Administrative Rules) since interim approval was granted.

What Are the Program Changes That EPA Is Proposing To Approve?

    As discussed above, EPA granted final interim approval on December 
1, 1994 (59 FR 61549) to the State's title V program. As explained in 
that rulemaking, full approval of the State's operating permit program 
was made contingent upon satisfaction of certain conditions. In 
response to EPA's interim approval action, the State revised its 
operating permit program (Chapter 60.1 of the Hawaii Administrative 
Rules) to remove or correct the deficiencies identified by EPA. The 
State made its revised rule available to public review and comments. On 
September 5, 2001, the State adopted the revisions. The revised program 
was submitted to EPA on September 21, 2001. We have included below a 
discussion of each of the interim approval deficiencies, the conditions 
for correction, and a summary of how the State has corrected the 
deficiency. The Technical Support Document (TSD) for this action 
includes more information about the State's submittal and more details 
of the revisions made. In the discussion here, we have listed each of 
the EPA cited deficiencies identified in the July 26, 1994 Federal 
Register notice (see 59 FR 37957) that proposed the interim approval, 
followed by a brief description of the State's revisions to its 
operating permit program to remove these deficiencies.

Issue a

    Insignificant activities: The State's rules allowed the director to 
determine what activities are insignificant without EPA approval of 
these activities or the criteria that delineate such activities.

[[Page 52369]]

For this reason, rule section 11-60.1-82(f)(7) had to be deleted or 
revised to include criteria, such as emission levels, for determining 
which activities are insignificant. EPA recommended that an emissions 
cap of two tons per year would constitute an approvable criterion for 
ensuring that any activities designated under this clause would not 
hinder the State's ability to make applicability determinations and 
impose all applicable requirements and fees. For toxic or hazardous air 
pollutants, the threshold would be twenty-five percent of any Title I 
modification threshold or 1000 pounds per year. EPA also proposed that 
restrictions on the following insignificant activities are necessary to 
qualify for full approval: Paint spray booths, water pump motors, and 
portable fuel burning equipment.

State's Response to Issue a

    The State revised rule section 11-60.1-82(f)(7) to include the 
following criteria for determining when an activity is insignificant: 
500 pounds per year of a hazardous air pollutant; twenty-five percent 
of significant amounts of emissions as defined in section 11-60.1-1, 
paragraph (1) in the definition of ``significant'; five tons per year 
of carbon monoxide; and two tons per year of each regulated air 
pollutant other than carbon monoxide. The State also added a two ton 
per year of a regulated pollutant criteria to paint spray booths, 
limited water pump engines which are operated only during fire-fighting 
and periodically for engine maintenance as insignificant activities, 
moved diesel fired portable ground support equipment used exclusively 
to start aircraft or provide temporary power or support to aircraft 
prior to start-up, internal combustion engines propelling mobile 
sources as well as ocean going vessels, and air conditioning or 
ventilating systems that do not contain more than 50 pounds of any 
Class I or Class II ozone depleting substance from being an 
insignificant activity to being exempt from covered source permitting 
requirements.

Issue b

    Permit application shield: The program's permit application shield 
did not include existing sources that become subject to the program due 
to rulemaking changes.

State's Response to Issue b

    The State added rules section 11-60.1-62(f) and section 11-60.1-
82(j) which provide that: ``An owner or operator of a stationary source 
that becomes subject to the requirements of subchapter 5 pursuant to 
the promulgation or revision of a regulation under sections 111 and 112 
of the Act or this chapter, shall submit a complete and timely covered 
source permit application to address the new requirements. For purposes 
of this subsection, ``timely'' means: (1) By the date required under 
subchapter 8 or 9 of this chapter, or the applicable federal 
regulation, whichever submittal deadline is earlier; or (2) within 
twelve months after the effective date of the promulgated regulation or 
revision to the regulation if not specified in the applicable 
regulation. The owner or operator of the source may continue to 
construct or operate and shall not be in violation for failing to have 
a covered source permit addressing the new requirements only if the 
owner or operator has submitted to the director a complete and timely 
covered source permit application.''

What Is Involved in This Proposed Action?

    Today, we are proposing to fully approve the State's revised 
operating permit program (Chapter 60.1 of the Hawaii Administrative 
Rules). We have determined that the revisions made by the State remove 
or correct all of the deficiencies identified by us in 1994. In 
addition, the State has made other changes to its operating permit 
program that are unrelated to the changes made to correct interim 
approval deficiencies. EPA is not proposing any action on these 
additional program changes in this notice. EPA will evaluate the 
additional program changes and will take appropriate action at a later 
date.

Request for Public Comment

    EPA requests comments on the program revisions discussed in this 
proposed action. Copies of the Hawaii submittal and other supporting 
documentation used in developing the proposed full approval are 
contained in docket files maintained at the EPA Region 9 office. The 
docket is an organized and complete file of all the information 
submitted to, or otherwise considered by, EPA in the development of 
this proposed full approval. The primary purposes of the docket are: 
(1) To allow interested parties a means to identify and locate 
documents so that they can effectively participate in the approval 
process, and (2) to serve as the record in case of judicial review. EPA 
will consider any comments received in writing by November 14, 2001.

Administrative Requirements

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this proposed action is not a ``significant 
regulatory action'' and therefore is not subject to review by the 
Office of Management and Budget. Under the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) the Administrator certifies that this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities because it merely approves State law as 
meeting federal requirements and imposes no additional requirements 
beyond those imposed by State law. This rule does not contain any 
unfunded mandates and does not significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), because it proposes to approve pre-existing 
requirements under State law and does not impose any additional 
enforceable duties beyond that required by State law. This rule also 
does not have tribal implications because it will not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175, 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000). This rule also does not have Federalism 
implications because it will not have substantial direct effects on the 
States, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
``Federalism'' (64 FR 43255, August 10, 1999). The rule merely proposes 
to approve existing requirements under State law, and does not alter 
the relationship or the distribution of power and responsibilities 
between the State and the Federal government established in the Clean 
Air Act. This proposed rule also is not subject to Executive Order 
13045, ``Protection of Children from Environmental Health Risks and 
Safety Risks'' (62 FR 19885, April 23, 1997) or Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 on May 22, 2001), because 
it is not a significantly regulatory action under Executive Order 
12866.
    In reviewing State operating permit programs submitted pursuant to 
Title V of the Clean Air Act, EPA will approve State programs provided 
that they meet the requirements of the Clean Air Act

[[Page 52370]]

and EPA's regulations codified at 40 CFR part 70. In this context, in 
the absence of a prior existing requirement for the State to use 
voluntary consensus standards (VCS), EPA has no authority to disapprove 
a State operating permit program for failure to use VCS. It would thus 
be inconsistent with applicable law for EPA, when it reviews an 
operating permit program, to use VCS in place of a State program that 
otherwise satisfies the provisions of the Clean Air Act. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: October 5, 2001.
Keith Takata,
Acting Regional Administrator, Region IX.
[FR Doc. 01-25897 Filed 10-12-01; 8:45 am]
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