[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Rules and Regulations]
[Pages 25084-25087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10102]



[[Page 25084]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0082; FRL-9634-1]


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 revisions to the 
Hawaii State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC), oxides of nitrogen (NOX), 
and particulate matter (PM) emissions from motor vehicles, water 
separation, pumps, compressors, waste gas, and open burning, as well as 
several administrative requirements. We are approving local rules that 
regulate these emission sources under the Clean Air Act as amended in 
1990 (CAA or the Act).

DATES: This rule is effective on June 26, 2012 without further notice, 
unless EPA receives adverse comments by May 29, 2012. 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: Submit comments, identified by docket number EPA-R09-OAR-
2012-0082, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at 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 www.regulations.gov or email. 
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. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at 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 at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps), 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 in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, 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 rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they 
were adopted by the local air agency and submitted by the Hawaii 
Department of Health (HDOH).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
             Local agency                  Rule No.            Rule title             Revised        Submitted
----------------------------------------------------------------------------------------------------------------
HDOH..................................       11-60.1-1  Definitions.............        11/14/03        12/14/11
HDOH..................................       11-60.1-2  Prohibition of air              11/14/03        12/14/11
                                                         pollution.
HDOH..................................       11-60.1-4  Certification...........        11/14/03        12/14/11
HDOH..................................       11-60.1-8  Reporting discontinuance        11/14/03        12/14/11
HDOH..................................      11-60.1-11  Sampling, testing, and          11/14/03        12/14/11
                                                         reporting methods.
HDOH..................................      11-60.1-14  Public access to                11/14/03        12/14/11
                                                         information.
HDOH..................................      11-60.1-15  Reporting of equipment          11/14/03        12/14/11
                                                         shutdown.
HDOH..................................      11-60.1-16  Prompt reporting of             11/14/03        12/14/11
                                                         deviations.
HDOH..................................      11-60.1-17  Prevention of air               11/14/03        12/14/11
                                                         pollution emergency
                                                         episodes.
HDOH..................................      11-60.1-20  Severability............        11/14/03        12/14/11
HDOH..................................      11-60.1-32  Visible emissions.......        11/14/03        12/14/11
HDOH..................................      11-60.1-34  Motor vehicles..........        11/14/03        12/14/11
HDOH..................................      11-60.1-40  Volatile organic                11/14/03        12/14/11
                                                         compound water
                                                         separation.
HDOH..................................      11-60.1-41  Pump and compressor             11/14/03        12/14/11
                                                         requirements.
HDOH..................................      11-60.1-42  Waste gas disposal......        11/14/03        12/14/11
HDOH..................................      11-60.1-51  Definitions.............        11/14/03        12/14/11
HDOH..................................      11-60.1-53  Agricultural burning:           11/14/03        12/14/11
                                                         permit requirement.
HDOH..................................      11-60.1-54  Agricultural burning:           11/14/03        12/14/11
                                                         applications.
HDOH..................................      11-60.1-56  Agricultural burning:           11/14/03        12/14/11
                                                         recordkeeping and
                                                         monitoring.
----------------------------------------------------------------------------------------------------------------


[[Page 25085]]

    On January 27, 2012, EPA determined that the submittal for Hawaii 
Department of Health Chapter 60.1 met the completeness criteria in 40 
CFR Part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    There are no previous versions of Rules 11-60.1-4, 11-60.1-14, 11-
60.1-40, 11-60.1-41, 11-60.1-42, and 11-60.1-51 in the SIP. We approved 
earlier versions of Rules 11-60.1-1 (formerly numbered 11-60-1), 11-
60.1-2 (11-60-17), 11-60.1-8 (11-60-10), 11-60.1-11 (11-60-15 and 11-
60-6), 11-60.1-15 (11-60-16), 11-60.1-16 (11-60-16), 11-60.1-17 (11-60-
35), 11-60.1-20 (11-60-38), 11-60.1-32 (11-60-24), 11-60.1-34 (11-60-
25), 11-60.1-53 (11-60-19), 11-60.1-54 (11-60-20), and 11-60.1-56 (11-
60-22) into the SIP on August 18, 1983 (48 FR 37402). The HDOH adopted 
revisions to the SIP-approved versions on November 14, 2003 and 
submitted them to us on December 14, 2011.

C. What is the purpose of the submitted rule revisions?

    VOCs and NOX help produce ground-level ozone and smog, 
which harm human health and the environment. PM contributes to effects 
that are harmful to human health and the environment, including 
premature mortality, aggravation of respiratory and cardiovascular 
disease, decreased lung function, visibility impairment, and damage to 
vegetation and ecosystems. Section 110(a) of the CAA requires States to 
submit regulations that control VOC, NOX, and PM emissions. 
New rules requiring controls on water separation units, pumps, 
compressors, and waste gas disposal have been adopted. Several rule 
revisions have been made to update and clarify administrative rules. 
EPA's technical support document (TSD) has more information about these 
rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), and must not relax existing requirements (see sections 110(l)). 
Section 193 of the CAA does not apply to this action because the entire 
State of Hawaii is designated unclassifiable/attainment for all of the 
current NAAQS.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations. The TSD has more 
information on our evaluation.

C. Public Comment and Final Action.

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules 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 rules. If we 
receive adverse comments by May 29, 2012, 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 June 26, 2012. This will incorporate these 
rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and 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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, 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. 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 action 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 26, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does

[[Page 25086]]

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. 
Parties with objections to this direct final rule are encouraged to 
file a comment in response to the parallel notice of proposed 
rulemaking for this action published in the Proposed Rules section of 
today's Federal Register, rather than file an immediate petition for 
judicial review of this direct final rule, so that EPA can withdraw 
this direct final rule and address the comment in the proposed 
rulemaking. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: February 1, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    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. In Sec.  52.620, the table in paragraph (c) is amended by:
0
a. Removing the following thirteen entries under the category for Title 
11, Chapter 60: 11-60-1, 11-60-6, 11-60-10, 11-60-15, 11-60-16, 11-60-
17, 11-60-19, 11-60-20, 11-60-22, 11-60-24, 11-60-25, 11-60-35, and 11-
60-38.
0
b. Following all entries in the category for Chapter 60, adding a new 
category for Chapter 60.1.
0
c. Adding the following nineteen new entries under the category for 
Chapter 60.1: sections 11-60.1-1, 11-60.1-2, 11-60.1-4, 11-60.1-8, 11-
60.1-11, 11-60.1-14, 11-60.1-15, 11-60.1-16, 11-60.1-17, 11-60.1-20, 
11-60.1-32, 11-60.1-34, 11-60.1-40, 11-60.1-41, 11-60.1-42, 11-60.1-51, 
11-60.1-53, 11-60.1-54, and 11-60.1-56.
    The amendments to paragraph(c) read as follows:


Sec.  52.620  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved State of Hawaii Regulations
----------------------------------------------------------------------------------------------------------------
          State citation              Title/subject     Effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Department of Health, Title 11,    Hawaii Administrative Rules
 Chapter 60.1, Air Pollution
 Control.
----------------------------------------------------------------------------------------------------------------
11-60.1-1........................  Definitions........      11/14/2003  4/27/2012 [Insert    Supersedes 11-60-1.
                                                                         page number where
                                                                         the document
                                                                         begins].
11-60.1-2........................  Prohibition of air       11/14/2003  4/27/2012 [Insert    Supersedes 11-60-
                                    pollution.                           page number where    17.
                                                                         the document
                                                                         begins].
11-60.1-4........................  Certification......      11/14/2003  4/27/2012 [Insert    New regulation.
                                                                         page number where
                                                                         the document
                                                                         begins].
11-60.1-8........................  Reporting                11/14/2003  4/27/2012 [Insert    Supersedes 11-60-
                                    discontinuance.                      page number where    10.
                                                                         the document
                                                                         begins].
11-60.1-11.......................  Sampling, testing,       11/14/2003  4/27/2012 [Insert    Supersedes 11-60-15
                                    and reporting                        page number where    and 11-60-6.
                                    methods.                             the document
                                                                         begins].
11-60.1-14.......................  Public access to         11/14/2003  4/27/2012 [Insert    New regulation.
                                    information.                         page number where
                                                                         the document
                                                                         begins].
11-60.1-15.......................  Reporting of             11/14/2003  4/27/2012 [Insert    Supersedes 11-60-
                                    equipment shutdown.                  page number where    16.
                                                                         the document
                                                                         begins].
11-60.1-16.......................  Prompt reporting of      11/14/2003  4/27/2012 [Insert    Supersedes 11-60-
                                    deviations.                          page number where    16.
                                                                         the document
                                                                         begins].
11-60.1-17.......................  Prevention of air        11/14/2003  4/27/2012 [Insert    Supersedes 11-60-
                                    pollution                            page number where    35.
                                    emergency episodes.                  the document
                                                                         begins].
11-60.1-20.......................  Severability.......      11/14/2003  4/27/2012 [Insert    Supersedes 11-60-
                                                                         page number where    38.
                                                                         the document
                                                                         begins].
11-60.1-32.......................  Visible emissions..      11/14/2003  4/27/2012 [Insert    Supersedes 11-60-
                                                                         page number where    24.
                                                                         the document
                                                                         begins].
11-60.1-34.......................  Motor vehicles.....      11/14/2003  4/27/2012 [Insert    Supersedes 11-60-
                                                                         page number where    25.
                                                                         the document
                                                                         begins].

[[Page 25087]]

 
11-60.1-40.......................  Volatile organic         11/14/2003  4/27/2012 [Insert    New regulation.
                                    compound water                       page number where
                                    separation.                          the document
                                                                         begins].
11-60.1-41.......................  Pump and compressor      11/14/2003  4/27/2012 [Insert    New regulation.
                                    requirements.                        page number where
                                                                         the document
                                                                         begins].
11-60.1-42.......................  Waste gas disposal.      11/14/2003  4/27/2012 [Insert    New regulation.
                                                                         page number where
                                                                         the document
                                                                         begins].
11-60.1-51.......................  Definitions........      11/14/2003  4/27/2012 [Insert    Supersedes 11-60-1.
                                                                         page number where
                                                                         the document
                                                                         begins].
11-60.1-53.......................  Agricultural             11/14/2003  4/27/2012 [Insert    Supersedes 11-60-
                                    burning: permit                      page number where    19.
                                    requirement.                         the document
                                                                         begins].
11-60.1-54.......................  Agricultural             11/14/2003  4/27/2012 [Insert    Supersedes 11-60-
                                    burning:                             page number where    20.
                                    applications.                        the document
                                                                         begins].
11-60.1-56.......................  Agricultural             11/14/2003  4/27/2012 [Insert    Supersedes 11-60-
                                    burning:                             page number where    22.
                                    recordkeeping and                    the document
                                    monitoring.                          begins].
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2012-10102 Filed 4-26-12; 8:45 am]
BILLING CODE 6560-50-P