
[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17869-17874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05526]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0228; FRL-9907-73-Region 9]


Approval and Promulgation of State Implementation Plans; Hawaii; 
Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 
2006 Fine Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; clarification.

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SUMMARY: The Environmental Protection Agency (EPA) is clarifying its 
final action on revisions to the Hawaii State Implementation Plan 
(SIP), published in the Federal Register on August 9, 2012.

DATES: This final rule is effective on March 31, 2014.

ADDRESSES: EPA has established a docket for this action, identified by 
Docket ID Number EPA-R09-OAR-2012-0228. The index to the docket for 
this action is available electronically at http://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 in the index, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material), 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 directly below.

FOR FURTHER INFORMATION CONTACT: Dawn Richmond, Air Planning Office 
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 972-
3207, richmond.dawn@epa.gov.

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

I. EPA's Action

    On August 9, 2012 (77 FR 47530), EPA took final action to approve 
in part and disapprove in part a SIP revision submitted by Hawaii 
Department of Health (HDOH) on December 14, 2011 to address the 
infrastructure requirements of CAA section 110(a)(2) for the 1997 
national ambient air quality standard (NAAQS) for ozone and the 1997 
and 2006 NAAQS for fine particulate matter (PM2.5) (``2011 
Hawaii Infrastructure SIP'').
    In this document, we are making certain corrections to the entries 
in the table in paragraph (3) of 40 CFR 52.620, clarifying the contents 
of the applicable plan as approved on August 9, 2012, and specifying 
the extent to which EPA disapproved the December 14, 2011 SIP 
submittal. Specifically, we are:
     Correcting the title of the approved plan and the 
submittal date (the submittal date was December 14, 2011, not December 
14, 2012);
     Clarifying that the plan, as approved on August 9, 2012, 
does not include the public process documentation included in the 
December 14, 2011 SIP submittal;
     Clarifying the specific statutory provisions approved on 
August 9, 2012, and the extent to which the approved existing SIP 
statutory provisions were thereby superseded, by listing all approved 
statutory provisions (including a few previously approved and not 
superseded) separately as nonregulatory provisions in the Hawaii SIP; 
and
     Specifying the extent of our disapproval for the Hawaii 
Infrastructure SIP for the various elements under CAA section 
110(a)(2).
    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are impracticable, unnecessary, or contrary to the 
public interest. Public notice and comment for this action are 
unnecessary because today's clarification of EPA's August 9, 2012 final 
rule approving in part and disapproving in part the 2011 Hawaii 
Infrastructure SIP has no substantive impact on that approval and the 
clarification makes no substantive difference to EPA's analysis as set 
out in that rule. In addition, EPA can identify no particular reason 
why the public would be interested in being notified of this 
clarification since the opportunity to comment on the action to approve 
in part and disapprove in part the 2011 Hawaii Infrastructure SIP was 
previously provided and no comments were received.
    EPA also finds that there is good cause under APA section 553(d)(3) 
for this clarification to become effective on the date of publication 
of this action. Section 553(d)(3) of the APA allows an effective date 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' (5 U.S.C. 
553(d)(3)). The purpose of the 30-day waiting period prescribed in APA 
section 553(d)(3), is to give affected parties a reasonable time to 
adjust their behavior and prepare before the final

[[Page 17870]]

rule takes effect. Today's rule, however, does not create any new 
regulatory requirements such that affected parties would need time to 
prepare before the rule takes effect. Rather, today's rule simply 
clarifies the contents of the applicable plan as approved on August 9, 
2012, and specifies the extent to which EPA disapproved the December 
14, 2011 SIP submittal. For these reasons, EPA finds good cause under 
APA section 553(d)(3) for this clarification to become effective on the 
date of publication of this action.

II. 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 clarifies the contents of the applicable Hawaii SIP as approved 
on August 9, 2012, and specifies the extent to which EPA disapproved 
the 2011 Hawaii Infrastructure SIP in the August 9, 2012 final rule. 
This clarification has no substantive impact on EPA's August 9, 2012, 
approval and it imposes no additional requirements beyond those imposed 
by state law. Accordingly, the Administrator certifies that this action 
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 clarification 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 clarification 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 action 
merely clarifies the contents of a state plan implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. This action 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 CAA. 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 CAA. 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 action 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. section 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. 
section 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 May 30, 2014. 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, Oxides of nitrogen, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: February 28, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.

    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 (e) is amended by:
0
a. Removing the entry for ``Section III--Legal Authority'';
0
b. Revising the table section entitled ``State of Hawaii Air Pollution 
Control Implementation Plan for Lead'';
0
c. Adding a table section entitled ``Hawaii Revised Statutes, Division 
1 (Government), Title 7 (Public officers and employees), Chapter 84 
(Standards of Conduct)'' at the end of the table;
0
d. Adding a table section entitled ``Hawaii Revised Statutes, Chapter 
342, Hawaii Statute on Environmental Quality''; and
0
e. Adding a table section entitled ``Hawaii Revised Statutes, Division 
1 (Government), Title 19 (Health), Chapter 342B (Air Pollution 
Control)''.
    The revisions and additions read as follows:


Sec.  52.620  Identification of plan.

* * * * *
    (e) * * *

[[Page 17871]]



                                       EPA-Approved Hawaii Nonregulatory Provisions and Quasi-Regulatory Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Name of SIP revision or statutory      Applicable geographic        State
            section number                   area or title       submittal date              EPA approval date                       Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  State of Hawaii Air Pollution Control Implementation Plans for Ozone, PM2.5, and Lead
--------------------------------------------------------------------------------------------------------------------------------------------------------
State of Hawaii Air Pollution Control  Statewide...............        10/29/82  8/18/83, 48 FR 37402.....................  Excluding section II
 Implementation Plan for Lead.                                                                                               (``Notice of Public
                                                                                                                             Hearing''); Hawaii Statute
                                                                                                                             on Environmental Quality,
                                                                                                                             Chapter 342, Hawaii Revised
                                                                                                                             Statutes, section 342-7
                                                                                                                             (see 74 FR 11037 (March 16,
                                                                                                                             2009); and section IV
                                                                                                                             (``Control Regulations'').
                                                                                                                             The statutory provisions in
                                                                                                                             Section III (``Legal
                                                                                                                             Authority'') superseded
                                                                                                                             statutory provisions
                                                                                                                             approved at 37 FR 10842
                                                                                                                             (May 31, 1972) and at 38 FR
                                                                                                                             30876 (November 8, 1973)
                                                                                                                             and were, with few
                                                                                                                             exceptions, superseded by
                                                                                                                             approval of more recent
                                                                                                                             statutory provisions at 77
                                                                                                                             FR 47530 (August 9, 2012).
                                                                                                                             Statutory provisions that
                                                                                                                             remain in the current
                                                                                                                             applicable SIP are listed
                                                                                                                             separately in the table in
                                                                                                                             paragraph (e).
State Implementation Plan Revision,    Statewide...............        12/14/11  8/9/12, 77 FR 47530......................  Approval excludes appendix A
 Clean Air Act Section 110(a)(2),                                                                                            (``Hawaii Revised Statutes,
 1997 Ozone National Ambient Air                                                                                             Chapter 84, Standards of
 Quality Standard and 1997 and 2006                                                                                          Conduct, Chapter 342B, Air
 PM2.5 National Ambient Air Quality                                                                                          Pollution Control''),
 Standards.                                                                                                                  appendix B, (``Hawaii
                                                                                                                             Administrative Rules, Title
                                                                                                                             11, Chapter 60.1, Air
                                                                                                                             Pollution Control''),
                                                                                                                             appendix D (``SIP Public
                                                                                                                             Comment Proceedings''), and
                                                                                                                             appendix E (``Public
                                                                                                                             Proceedings for Hawaii
                                                                                                                             Administrative Rules,
                                                                                                                             Chapter 11-60.1'').
                                                                                                                             Approved statutory
                                                                                                                             provisions included in
                                                                                                                             appendix A are listed
                                                                                                                             separately in the table in
                                                                                                                             paragraph (e). In separate
                                                                                                                             rulemakings, EPA has taken
                                                                                                                             action to approve certain
                                                                                                                             regulations included in
                                                                                                                             appendix B. Approved
                                                                                                                             regulations are listed
                                                                                                                             separately in the table in
                                                                                                                             paragraph (c).
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Hawaii Revised Statutes, Division 1 (Government), Title 7 (Public officers and employees), Chapter 84 (Standards of Conduct)
--------------------------------------------------------------------------------------------------------------------------------------------------------
84-1.................................  Construction............        12/14/11  8/9/12, 77 FR 47530......................  Laws 1972, Act 163, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
84-2.................................  Applicability...........        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                                                             Laws 1979, Act 91, Sec.
                                                                                                                             3. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
84-3.................................  Definitions.............        12/14/11  8/9/12, 77 FR 47530......................  Law as amended through 1984.
                                                                                                                             Included in appendix A to
                                                                                                                             the Hawaii SIP revision for
                                                                                                                             the 1997 ozone, and 1997
                                                                                                                             and 2006 PM2.5 national
                                                                                                                             ambient air quality
                                                                                                                             standards.
84-11................................  Gifts...................        12/14/11  8/9/12, 77 FR 47530......................  Law as amended through 1984.
                                                                                                                             Included in appendix A to
                                                                                                                             the Hawaii SIP revision for
                                                                                                                             the 1997 ozone, and 1997
                                                                                                                             and 2006 PM2.5 national
                                                                                                                             ambient air quality
                                                                                                                             standards.
84-11.5..............................  Reporting of gifts......        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 322, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
84-12................................  Confidential information        12/14/11  8/9/12, 77 FR 47530......................  Law as amended through 1984.
                                                                                                                             Included in appendix A to
                                                                                                                             the Hawaii SIP revision for
                                                                                                                             the 1997 ozone, and 1997
                                                                                                                             and 2006 PM2.5 national
                                                                                                                             ambient air quality
                                                                                                                             standards.
84-14................................  Conflicts of interests..        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                                                             Laws 1978, Act 245, Sec.
                                                                                                                             2. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
84-17................................  Requirements of                 12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        disclosure.                                                                          Laws 2007, Act 9, Sec.   4.
                                                                                                                             Included in appendix A to
                                                                                                                             the Hawaii SIP revision for
                                                                                                                             the 1997 ozone, and 1997
                                                                                                                             and 2006 PM2.5 national
                                                                                                                             ambient air quality
                                                                                                                             standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 17872]]

 
                                      Hawaii Revised Statutes, Chapter 342, Hawaii Statute on Environmental Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
342-14...............................  Technical defect........        10/29/82  8/18/83, 48 FR 37402.....................  Laws 1972, Act 100, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             Section III (``Legal
                                                                                                                             Authority'') in the State
                                                                                                                             of Hawaii Air Pollution
                                                                                                                             Control Implementation Plan
                                                                                                                             for Lead.
342-18...............................  Other powers of                 10/29/82  8/18/83, 48 FR 37402.....................  Laws 1972, Act 100, pt of
                                        department not affected.                                                             Sec.   1. Included in
                                                                                                                             Section III (``Legal
                                                                                                                             Authority'') in the State
                                                                                                                             of Hawaii Air Pollution
                                                                                                                             Control Implementation Plan
                                                                                                                             for Lead.
342-19...............................  Effect of laws,                 10/29/82  8/18/83, 48 FR 37402.....................  Most recently amended in
                                        ordinances, rules, and                                                               Laws 1977, Act 115, Sec.
                                        regulations.                                                                         6. Included in Section III
                                                                                                                             (``Legal Authority'') in
                                                                                                                             the State of Hawaii Air
                                                                                                                             Pollution Control
                                                                                                                             Implementation Plan for
                                                                                                                             Lead.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Hawaii Revised Statutes, Division 1 (Government), Title 19 (Health), Chapter 342B (Air Pollution Control)
--------------------------------------------------------------------------------------------------------------------------------------------------------
342B-1...............................  Definitions.............        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                                                             Laws 1993, Act 208, Sec.
                                                                                                                             Sec.   2, 11. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-2...............................  Administration..........        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                                                             Laws 1992, Act 240, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-3...............................  General functions,              12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        duties, and powers of                                                                Laws 2000, Act 253, Sec.
                                        the director.                                                                        150. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-7...............................  Annual reports..........        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                                                             Laws 1993, Act 208, Sec.
                                                                                                                             3. Most recently amended in
                                                                                                                             Laws 1993, c 208, Sec.   3.
                                                                                                                             Included in appendix A to
                                                                                                                             the Hawaii SIP revision for
                                                                                                                             the 1997 ozone, and 1997
                                                                                                                             and 2006 PM2.5 national
                                                                                                                             ambient air quality
                                                                                                                             standards.
342B-11..............................  Prohibition.............        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-12..............................  Specific powers of the          12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        director.                                                                            Laws 1994, Act 268, Sec.
                                                                                                                             1. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-13..............................  Public participation....        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                                                             Laws 2000, Act 150, Sec.
                                                                                                                             2. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-15..............................  Complaints; hearings;           12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        appointment of masters.                                                              Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-16..............................  Research, educational,          12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        and training programs.                                                               Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-17..............................  Air quality modelers....        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                                                             Laws 2000, Act 253, Sec.
                                                                                                                             150. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-21..............................  Specific functions,             12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        duties, and powers of                                                                Laws 1994, Act 268, Sec.
                                        the director.                                                                        2. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.

[[Page 17873]]

 
342B-22..............................  Permit and permit               12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        renewal; requirements.                                                               Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-23..............................  Application for permit..        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-24..............................  Action on a permit              12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        application.                                                                         Laws 1993, Act 208, Sec.
                                                                                                                             5. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-25..............................  Approval of permit......        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-26..............................  General and temporary           12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        permits; single permit.                                                              Laws 1993, Act 208, Sec.
                                                                                                                             6. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-27..............................  Other permit action.....        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-28..............................  Recordkeeping and               12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        monitoring requirements.                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-29..............................  Fees....................        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                                                             Laws 2009, Act 42, Sec.
                                                                                                                             2. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-30..............................  Judicial review.........        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-31..............................  Government records;             12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        confidential                                                                         Sec.   1. Included in
                                        information.                                                                         appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-32..............................  Clean air special fund..        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-33..............................  Minimum permit                  12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        conditions.                                                                          Laws 1994, Act 268, Sec.
                                                                                                                             3. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-34..............................  Exceptions..............        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-41..............................  Inspection of premises..        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-42..............................  Enforcement.............        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                                                             Laws 1995, Act 180, Sec.
                                                                                                                             2. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-43..............................  Emergency powers;               12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        procedures.                                                                          Laws 1995, Act 201, Sec.
                                                                                                                             1. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.

[[Page 17874]]

 
342B-44..............................  Injunctive and other            12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        relief.                                                                              Laws 1995, Act 180, Sec.
                                                                                                                             3. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-45..............................  Citation................        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                                                             Laws 1997, Act 27, Sec.
                                                                                                                             1. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-46..............................  Appeal..................        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-47..............................  Civil penalties.........        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                                                             Laws 1993, Act 208, Sec.
                                                                                                                             8. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-48..............................  Administrative penalties        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                                                             Laws 1994, Act 268, Sec.
                                                                                                                             4. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-49..............................  Criminal penalties......        12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                                                                                                             Laws 1993, Act 208, Sec.
                                                                                                                             9. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
342B-50..............................  Disposition of collected        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        fines and penalties.                                                                 Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-51..............................  Enforcement by state and        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        county authorities.                                                                  Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-52..............................  Nonliability of                 12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                        department personnel.                                                                Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-53..............................  Other action not barred.        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-54..............................  Priority in courts......        12/14/11  8/9/12, 77 FR 47530......................  Laws 1992, Act 240, pt of
                                                                                                                             Sec.   1. Included in
                                                                                                                             appendix A to the Hawaii
                                                                                                                             SIP revision for the 1997
                                                                                                                             ozone, and 1997 and 2006
                                                                                                                             PM2.5 national ambient air
                                                                                                                             quality standards.
342B-55..............................  Consent orders;                 12/14/11  8/9/12, 77 FR 47530......................  Most recently amended in
                                        settlement agreements.                                                               Laws 1993, Act 208, Sec.
                                                                                                                             10. Included in appendix A
                                                                                                                             to the Hawaii SIP revision
                                                                                                                             for the 1997 ozone, and
                                                                                                                             1997 and 2006 PM2.5
                                                                                                                             national ambient air
                                                                                                                             quality standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. Section 52.623 is revised to read as follows:


Sec.  52.623  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves Hawaii's plan for attainment and maintenance of 
the national standards. The State included various provisions in its 
plan to provide for the attainment of the State ambient air quality 
standards. As described in the Governor's letters of January 28, May 8, 
and May 22, 1972, these provisions were included for information 
purposes only and were not to be considered a part of the plan to 
implement national standards. Accordingly, these additional provisions 
are not considered a part of the applicable plan.
    (b) 1997 8-hour ozone NAAQS: The SIP submitted on December 14, 2011 
is partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C) 
and (J), and is disapproved for CAA elements 110(a)(2)(D)(i)(II) and 
(D)(ii).
    (c) 1997 PM2.5 NAAQS: The SIP submitted on December 14, 
2011 is partially disapproved for Clean Air Act (CAA) elements 
110(a)(2)(C) and (J), and is disapproved for CAA elements 
110(a)(2)(D)(i)(II) and (D)(ii).
    (d) 2006 PM2.5 NAAQS: The SIP submitted on December 14, 
2011 is partially disapproved for Clean Air Act (CAA) elements 
110(a)(2)(C) and (J), and is disapproved for CAA elements 
110(a)(2)(D)(i)(II) and (D)(ii).

[FR Doc. 2014-05526 Filed 3-28-14; 8:45 am]
BILLING CODE 6560-50-P


