[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Rules and Regulations]
[Pages 73129-73131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27556]



40 CFR Part 52

[EPA-R09-OAR-2020-0567; FRL-9001-02-R9]

Air Plan Approval; Hawaii; Interstate Transport for the 2015 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) revision from the State of Hawaii addressing 
requirements in the Clean Air Act (CAA or ``Act'') regarding interstate 
transport for the 2015 ozone national ambient air quality standards 
(NAAQS). Hawaii submitted a SIP revision on November 12, 2019, 
addressing the CAA provision prohibiting any source or other type of 
emissions activity in one state from emitting any air pollutant in 
amounts that will contribute significantly to nonattainment or 
interfere with maintenance of the NAAQS in any other state (the ``good 
neighbor'' provision). The EPA is finalizing approval of Hawaii's good 
neighbor SIP revision for the 2015 ozone NAAQS.

DATES: This rule is effective on January 26, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2020-0567. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information. If you need assistance 
in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Thomas Kelly, Air Planning Office 
(AIR-2), EPA Region IX, (415) 972-3856, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. Summary of Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Summary of Proposed Action

    On September 28, 2021, the EPA published a notice of proposed 
rulemaking (NPRM or ``proposed rule'') for the State of Hawaii.\1\ We 
proposed approval of the Hawaii SIP revision that addresses the CAA 
requirement prohibiting emissions from one state in amounts which 
significantly contribute to nonattainment or interfere with maintenance 
of the 2015 ozone NAAQS in any other state. The Hawaii Department of 
Health (HDOH) submitted its good neighbor SIP revision for the 2015 
ozone NAAQS by letter dated November 12, 2019.\2\

    \1\ 86 FR 53571.
    \2\ Letter dated November 12, 2019, from Bruce Anderson, Ph.D., 
Director of Health, HDOH, to Mike Stoker, Regional Administrator, 
U.S. EPA, Region IX.

    We proposed to find that Hawaii would not significantly contribute 
to nonattainment or interfere with maintenance of the 2015 ozone NAAQS 
in any other state. The rationale for EPA's proposed rule is provided 
in the NPRM.

II. Public Comments

    Our September 28, 2021 proposed rule provided a 30-day public 
comment period that closed on October 28, 2021. We received no adverse 
comments. One anonymous commenter supported the proposed action.

III. Final Action

    The EPA is approving, as a revision to the Hawaii SIP, HDOH's good 
neighbor SIP revision submitted on November 12, 2019. This revision is 
approved as meeting CAA section 110(a)(2)(D)(i)(I) requirements that 
emissions from each state do not contribute to nonattainment or 
interfere with maintenance of the 2015 ozone NAAQS in any other state.

IV. 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this final rule merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 

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imposed by state law. For that reason, this final rule:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
     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 the 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
    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. The 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. 
    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 February 25, 2022. 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 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, Infrastructure SIP, Interstate transport, Nitrogen oxides, 
Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 15, 2021.
Deborah Jordan,
Acting 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, amend the table in paragraph (e) by adding an entry 
for ``Hawaii State Implementation Plan Revision to address CAA 
110(a)(2)(D)(i)(I) for the 2015 Ozone National Ambient Air Quality 
Standards'' immediately after the entry for ``Hawaii State 
Implementation Plan Revision to Address CAA Section 110(a)(2)(D)(i)(l) 
for the 2008 Ozone National Ambient Air Quality Standard, excluding 
Attachment 3'' to read as follows:

Sec.  52.620  Identification of plan.

* * * * *
    (e) * * *

                                             EPA-Approved Hawaii Nonregulatory and Quasi-Regulatory Measures
                                    Applicable geographic
       Name of SIP provision        or nonattainment area    State submittal date               EPA approval date                     Explanation
                                       or title/subject
                                                                      * * * * * * *
                          State of Hawaii Air Pollution Control Implementation Plans for Nitrogen Dioxide, Ozone, PM, and Lead
                                                                      * * * * * * *
Hawaii State Implementation Plan    Statewide............  November 12, 2019.......  December 27, 2021, [Insert Federal       Approved SIP revision
 Revision to address CAA                                                              Register citation].                      excludes Attachment 2
 110(a)(2)(D)(i)(I) for the 2015                                                                                               (``Summary of Public
 Ozone National Ambient Air                                                                                                    Participation
 Quality Standards.                                                                                                            Proceedings'').
                                                                      * * * * * * *

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[FR Doc. 2021-27556 Filed 12-23-21; 8:45 am]