[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Rules and Regulations]
[Pages 41431-41432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15527]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[HI 001-001a; FRL-7778-5]


Revisions to the Hawaii State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve a revision to the 
Hawaii State Implementation Plan (SIP). Under authority of the Clean 
Air Act as amended in 1990 (CAA or the Act), we are approving an 
amendment to the Air Quality Surveillance Network.

DATES: This rule is effective on September 7, 2004 without further 
notice, unless EPA receives adverse comments by August 9, 2004. 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: Send comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901 or e-mail to 
[email protected], or submit comments at http://www.regulations.gov.
    You can inspect copies of the submitted SIP revision, EPA's 
technical support document (TSD), and public comments at our Region IX 
office during normal business hours by appointment. You may also see 
copies of the submitted SIP revision by appointment at the following 
locations:
    Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail 
Code 6102T), Washington, DC 20460.
    Hawaii Department of Public Health, Environmental Protection and 
Health Services Division, 1250 Punchbowl Street, Honolulu, Oahu, Hawaii 
96801.

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, 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 revision did the State submit?
    B. Are there other versions of this network?
    C. What is the purpose of the submitted revision?
II. EPA's Evaluation and Action.
    A. How is EPA evaluating the revision?
    B. Does the revision meet the evaluation criteria?
    C. Public comment and final action.
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What Revision Did the State Submit?

    The Hawaii Department of Health (HDH) submitted a revision to their 
air quality surveillance network for particulate matter of 10 microns 
or less (PM-10).

B. Are There Other Versions of the Network?

    The air quality surveillance network was submitted on August 21, 
1980 and approved in the Federal Register on August 10, 1981.

C. What Is the Purpose of the Submitted Revision?

    In accordance with 40 CFR parts 51 and 58, States are required to 
submit a plan that provides for the establishment of an air quality 
surveillance system. The system must consist of a network of monitoring 
stations designated as State and Local Air Monitoring Stations (SLAMS) 
and National Air Monitoring Stations (NAMS) which measure ambient 
concentrations of pollutants for which standards have been established. 
The HDH revised their air quality surveillance network for particulate 
to accommodate the PM-10 provisions. The ambient particulate samplers 
were converted to the EPA-approved ambient PM-10 samplers on July 1, 
1989 for the SLAMS and on July 1, 1988 for the NAMS. The HDH also 
committed to keep the descriptions of these networks updated and 
available to the public.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Revision?

    This revision updates the State's air quality surveillance network 
to include PM-10. The network must meet the requirements of 40 CFR 
parts 51 and 58.

B. Does the Revision Meet the Evaluation Criteria?

    This revision is consistent with the relevant policy and guidance 
regarding air quality surveillance networks.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted plan revision 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 plan revision. 
If we receive adverse comments by August 9, 2004, 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 September 7, 2004. This will 
incorporate these rules into the federally enforceable SIP.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves State law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by State law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under State law and does 
not impose any additional enforceable duty beyond that required by 
State law, it 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).
    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

[[Page 41432]]

Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action also 
does not have Federalism implications because it does 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 (64 FR 43255, August 10, 1999). This 
action merely approves a State rule implementing a Federal standard, 
and does not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This 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), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 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 SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission 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. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 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 September 7, 2004. 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: June 15, 2004.
Wayne Nastri,
Regional Administrator, Region IX.

0
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. Section 52.620 is amended by adding paragraph (c)(17) to read as 
follows:


Sec.  52.620  Identification of plan.

* * * * *
    (c) * * *
    (17) The following amendment to the plan was submitted on September 
14, 1988, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Hawaii Department of Health.
    (1) Section XII, Air Quality Surveillance Network adopted on August 
16, 1988.
* * * * *
[FR Doc. 04-15527 Filed 7-8-04; 8:45 am]
BILLING CODE 6560-50-P