[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27708-27711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13590]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2009-0323; FRL-8915-8]
Approval and Promulgation of Implementation Plans; Hawaii
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
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SUMMARY: Under the Clean Air Act, EPA is completing the process begun
in 2005 to revise the format of the ``identification of plan'' section
for the Hawaii State Implementation Plan (SIP). Specifically, EPA is
adding the non-regulatory provisions and quasi-regulatory measures to
the revised ``identification of plan'' section. The non-regulatory
provisions and quasi-regulatory measures affected by this format
revision have been previously
[[Page 27709]]
submitted by the State of Hawaii and approved by EPA.
DATES: Effective Date: This rule is effective on June 11, 2009.
ADDRESSES: Non-regulatory and quasi-regulatory SIP materials are
available for inspection at Air Division, EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105-3901 and online at EPA Region IX's Web
site.
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 942-3964,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Background
II. Public Comments
III. Statutory and Executive Order Reviews
I. Background
Under the Clean Air Act (CAA or ``Act''), each state is required to
have a state implementation plan (SIP) which contains the control
measures and strategies which will be used to attain and maintain the
national ambient air quality standards (NAAQS). The SIP is extensive,
containing such elements as emission inventories, monitoring networks,
attainment demonstrations, and enforcement mechanisms. The control
measures and strategies must be formally adopted by each state after
the public has had an opportunity to comment on them. They are then
submitted to EPA as SIP revisions on which EPA must formally act.
The SIP is a living document that can be revised by the state as
necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on SIP revisions
which may contain new and/or revised regulations as being part of the
SIP. On May 31, 1972 (37 FR 10842), EPA approved, with certain
exceptions, the initial SIPs for 50 states, four territories and the
District of Columbia. Since 1972, each state and territory has
submitted numerous SIP revisions, either on their own initiative, or
because they were required to as a result of various amendments to the
CAA. EPA codifies its approvals and disapprovals of SIPs and SIP
revisions in 40 CFR part 52 (``Approval and promulgation of
implementation plans'').
Within 40 CFR part 52, there are 58 subparts (subparts A through
FFF). Subpart A contains general requirements applicable to all states
and territories, while subparts B through DDD and FFF contain
requirements that are specific to a given state or territory. Subpart
EEE contains historical information pertaining to EPA action on SIP
material originally submitted by states to the National Air Pollution
Control Administration, Department of Health Education and Welfare in
1970.
Until 1997, the first or second section of each subpart within 40
CFR part 52 (other than subparts A and EEE) was called ``identification
of plan.'' On May 22, 1997 (62 FR 27968), EPA established a new format
for the ``identification of plan'' sections assigned to each subpart in
40 CFR part 52 (except A and EEE). With the new format, revised
``identification of plan'' sections contain five subsections: (a)
Purpose and scope, (b) Incorporation by reference, (c) EPA approved
regulations, (d) EPA approved source specific permits, and (e) EPA
approved nonregulatory provisions and quasi-regulatory measures.
``Nonregulatory provisions and quasi-regulatory measures'' refers to
such items as transportation control measures, certain statutory
provisions, control strategies, and monitoring networks. In our May
1997 rule, we indicated that EPA would begin to phase-in the new format
on a state-by-state basis. Please see our May 1997 rule for more
information concerning the revised format for SIPs.
The Hawaii SIP is identified in subpart M (``Hawaii'') of part 52.
As with other State SIPs, EPA has taken a number of actions since 1972
with respect to the Hawaii SIP. In 2005, we revised the format of the
``identification of plan'' section in subpart M in accordance with the
revised format described above. See 70 FR 44852 (August 4, 2005). In
our 2005 final rule, we did not complete the process of revising the
format for the ``identification of plan'' section in that we did not
list the nonregulatory provisions and quasi-regulatory measures portion
of the Hawaii SIP, but we are doing so in today's action.
II. Public Comments
EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedure Act
(APA) that, upon finding ``good cause,'' authorizes agencies to
dispense with public participation; and section 553(d)(3), which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA).
Today's rule simply revises the codification of provisions that are
already in effect as a matter of law in Federal and approved State
programs. Under section 553 of the APA, an agency may find good cause
where procedures are ``impractical, unnecessary, or contrary to the
public interest.'' Public comment is ``unnecessary'' and ``contrary to
the public interest'' since the codification only reflects existing
law. Immediate notice in the CFR benefits the public by clearly
identifying the current nonregulatory provisions and quasi-regulatory
measures of the Hawaii 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). Because the
agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the Administrative
Procedure Act or any other statute as indicated in the SUPPLEMENTARY
INFORMATION section above, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 or
204 of UMRA.
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 (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 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 an
economically
[[Page 27710]]
significant regulatory action based on health or safety risks.
This rule does not involve technical standards; 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. The rule
also does not involve special consideration of environmental justice
related issues as required by Executive Order 12898 (59 FR 7629,
February 16, 1994). 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.). EPA's compliance with these statutes and
Executive Orders for the underlying measures is discussed in previous
actions taken on the State's measures.
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. Section 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. Today's action simply
reformats the codification of provisions that are already in effect as
a matter of law in Federal and approved State programs. 5 U.S.C.
808(2). As stated previously, EPA has made such a good cause finding,
including the reasons therefore, and established an effective date of
June 11, 2009. 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).
EPA has also determined that the provision of section 307(b)(1) of
the Clean Air Act pertaining to petitions for judicial review are not
applicable to this action. Prior EPA rulemaking actions for each
individual component of the Hawaii SIP compilation had previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, EPA
sees no need to reopen the 60-day period for filing such petitions for
judicial review for this reformatting of portions of the
``Identification of plan'' section of 40 CFR 52.620 for Hawaii.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: May 28, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
0
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 (e) to read as
follows:
Sec. 52.620 Identification of plan.
* * * * *
(e) EPA Approved Nonregulatory Provisions and Quasi-Regulatory
Measures.
EPA Approved Hawaii Nonregulatory Provisions and Quasi-Regulatory Measures
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Applicable
geographic or State EPA approval
Name of SIP provision nonattainment submittal date Explanation
area date
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State of Hawaii Air Pollution Control Strategy Plan
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Section I--Introduction....... State-wide...... 01/28/72 05/31/72, 37 FR ...............................
10842.
Section III--Legal Authority:
Section III--Legal State-wide...... 01/28/72 05/31/72, 37 FR Excluding Air Pollution Control
Authority. 10842. Law, Hawaii Revised Statutes,
Chapter 322, Part V, Sections
322-64(5) and 322-66 [see 39
FR 34533 (September 26, 1974)]
and Section 322-68 [see 74 FR
11037 (March 16, 2009)].
Letter from the Governor State-wide...... 06/15/72 11/08/73, 38 FR Excluding Section 7--Variances
concerning legal 30876. of Act 100. See 74 FR 11037
authority and enclosure (March 16, 2009).
(Act 100, Relating to
Ecology Environment and
Recreation, approved by
the Governor on May 22,
1972).
Sections V and VI:
Section V--Air Quality State-wide...... 08/15/73 06/25/74, 39 FR ...............................
Data Summary. 22946.
Section VI--Emission State-wide...... 08/15/73 06/25/74, 39 FR ...............................
Inventory Summary. 22946.
Section VII--Control Strategy
Development:
Subsection 1. Particulate State-wide...... 04/25/74 03/02/76, 41 FR Excluding subsection entitled,
Matter. 8956. ``Control Strategy to Meet
State Standards.'' See State
submittals dated May 8, 1972
and May 22, 1972, approved at
37 FR 15080 (July 27, 1972),
and 40 CFR 52.623.
PM10 Control Measures/NSR State-wide...... 09/14/88 07/09/04, 69 FR ...............................
Procedures. 41431.
[[Page 27711]]
Subsection 2. Sulfur State-wide...... 01/28/72 05/31/72, 37 FR Excluding subsection entitled,
Oxides. 10842. ``Control Strategy to Meet
State Standards.'' See State
submittals dated May 8, 1972
and May 22, 1972, approved at
37 FR 15080 (July 27, 1972),
and 40 CFR 52.623.
Subsection 3. Carbon State-wide...... 01/28/72 05/31/72, 37 FR Excluding subsection entitled,
Monoxide. 10842. ``Control Strategy to Meet
State Standards.'' See State
submittals dated May 8, 1972
and May 22, 1972, approved at
37 FR 15080 (July 27, 1972),
and 40 CFR 52.623.
Subsection 4. Nitrogen State-wide...... 01/28/72 05/31/72, 37 FR Excluding subsection entitled,
Dioxide. 10842. ``Control Strategy to Meet
State Standards.'' See State
submittals dated May 8, 1972
and May 22, 1972, approved at
37 FR 15080 (July 27, 1972),
and 40 CFR 52.623.
Subsection 5. State-wide...... 01/28/72 05/31/72, 37 FR Excluding subsection entitled,
Photochemical Oxidants. 10842. ``Control Strategy to Meet
State Standards.'' See State
submittals dated May 8, 1972
and May 22, 1972, approved at
37 FR 15080 (July 27, 1972),
and 40 CFR 52.623.
Sections VIII through XI:.....
Section VIII--Prevention State-wide...... 01/28/72 05/31/72, 37 FR Excluding subsection entitled,
of Emergency Episodes. 10842. ``State Plan.'' See State
submittals dated May 8, 1972
and May 22, 1972, approved at
37 FR 15080 (July 27, 1972),
and 40 CFR 52.623.
Section IX--Compliance State-wide...... 01/28/72 05/31/72, 37 FR ...............................
Schedule. 10842.
Section X--Source State-wide...... 01/28/72 05/31/72, 37 FR ...............................
Surveillance System. 10842.
Section XI--Permit and State-wide...... 01/28/72 05/31/72, 37 FR ...............................
Registration System. 10842.
Section XII--Air Quality
Surveillance Network:
Section XII--Air Quality State-wide...... 08/21/80 08/10/81, 46 FR ...............................
Surveillance Network. 40512.
Air Quality Surveillance State-wide...... 09/14/88 07/09/04, 69 FR ...............................
Network, SIP Amendment-- 41431.
PM10.
Sections XIII and XIV:
Section XIII-- State-wide...... 01/28/72 05/31/72, 37 FR ...............................
Intergovernmental 10842.
Cooperation.
Section XIV--Resources.... State-wide...... 01/28/72 05/31/72, 37 FR ...............................
10842.
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State of Hawaii Air Pollution Control Implementation Plan for Lead
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State of Hawaii Air Pollution State-wide...... 10/29/82 08/18/83, 48 FR Excluding section II (``Notice
Control Implementation Plan 37402. of Public Hearing''); Hawaii
for Lead. Statute on Environmental
Quality, Chapter 342, Hawaii
Revised Statutes, section 342-
7 [see 74 FR 11037 (March 16,
2009)]; and section IV
(``Control Regulations'').
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[FR Doc. E9-13590 Filed 6-10-09; 8:45 am]
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