25084 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0082; FRL–9634–1] 

Revisions to the Hawaii State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Hawaii State Implementation Plan (SIP). 

These revisions concern volatile organic 

compound (VOC), oxides of nitrogen 

(NOX), and particulate matter (PM) 

emissions from motor vehicles, water 

separation, pumps, compressors, waste 

gas, and open burning, as well as several 

administrative requirements. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act as amended in 1990 (CAA or the 

Act). 

DATES: This rule is effective on June 26, 

2012 without further notice, unless EPA 

receives adverse comments by May 29, 

2012. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0082, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted by the local air agency and 

submitted by the Hawaii Department of 

Health (HDOH). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Revised Submitted 

HDOH ..................................... 11–60.1–1 Definitions ............................................................................... 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–2 Prohibition of air pollution ....................................................... 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–4 Certification ............................................................................. 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–8 Reporting discontinuance ....................................................... 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–11 Sampling, testing, and reporting methods .............................. 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–14 Public access to information ................................................... 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–15 Reporting of equipment shutdown .......................................... 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–16 Prompt reporting of deviations ................................................ 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–17 Prevention of air pollution emergency episodes .................... 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–20 Severability ............................................................................. 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–32 Visible emissions .................................................................... 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–34 Motor vehicles ......................................................................... 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–40 Volatile organic compound water separation ......................... 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–41 Pump and compressor requirements ..................................... 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–42 Waste gas disposal ................................................................. 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–51 Definitions ............................................................................... 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–53 Agricultural burning: permit requirement ................................ 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–54 Agricultural burning: applications ............................................ 11/14/03 12/14/11 

HDOH ..................................... 11–60.1–56 Agricultural burning: recordkeeping and monitoring ............... 11/14/03 12/14/11 

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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 25085 

On January 27, 2012, EPA determined 

that the submittal for Hawaii 

Department of Health Chapter 60.1 met 

the completeness criteria in 40 CFR Part 

51 Appendix V, which must be met 

before formal EPA review. 

B. Are there other versions of these 

rules? 

There are no previous versions of 

Rules 11–60.1–4, 11–60.1–14, 11–60.1– 

40, 11–60.1–41, 11–60.1–42, and 11– 

60.1–51 in the SIP. We approved earlier 

versions of Rules 11–60.1–1 (formerly 

numbered 11–60–1), 11–60.1–2 (11–60– 

17), 11–60.1–8 (11–60–10), 11–60.1–11 

(11–60–15 and 11–60–6), 11–60.1–15 

(11–60–16), 11–60.1–16 (11–60–16), 11– 

60.1–17 (11–60–35), 11–60.1–20 (11– 

60–38), 11–60.1–32 (11–60–24), 11– 

60.1–34 (11–60–25), 11–60.1–53 (11– 

60–19), 11–60.1–54 (11–60–20), and 11– 

60.1–56 (11–60–22) into the SIP on 

August 18, 1983 (48 FR 37402). The 

HDOH adopted revisions to the SIPapproved versions on November 14, 

2003 and submitted them to us on 

December 14, 2011. 

C. What is the purpose of the submitted 

rule revisions? 

VOCs and NOX help produce groundlevel ozone and smog, which harm 

human health and the environment. PM 

contributes to effects that are harmful to 

human health and the environment, 

including premature mortality, 

aggravation of respiratory and 

cardiovascular disease, decreased lung 

function, visibility impairment, and 

damage to vegetation and ecosystems. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

VOC, NOX, and PM emissions. New 

rules requiring controls on water 

separation units, pumps, compressors, 

and waste gas disposal have been 

adopted. Several rule revisions have 

been made to update and clarify 

administrative rules. EPA’s technical 

support document (TSD) has more 

information about these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), and must not relax existing 

requirements (see sections 110(l)). 

Section 193 of the CAA does not apply 

to this action because the entire State of 

Hawaii is designated unclassifiable/ 

attainment for all of the current 

NAAQS. 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability and SIP 

relaxations. The TSD has more 

information on our evaluation. 

C. Public Comment and Final Action. 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by May 29, 2012, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on June 26, 2012. 

This will incorporate these rules into 

the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 26, 2012. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

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25086 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 1, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart M—Hawaii 

■ 2. In § 52.620, the table in paragraph 

(c) is amended by: 

■ a. Removing the following thirteen 

entries under the category for Title 11, 

Chapter 60: 11–60–1, 11–60–6, 11–60– 

10, 11–60–15, 11–60–16, 11–60–17, 11– 

60–19, 11–60–20, 11–60–22, 11–60–24, 

11–60–25, 11–60–35, and 11–60–38. 

■ b. Following all entries in the category 

for Chapter 60, adding a new category 

for Chapter 60.1. 

■ c. Adding the following nineteen new 

entries under the category for Chapter 

60.1: sections 11–60.1–1, 11–60.1–2, 

11–60.1–4, 11–60.1–8, 11–60.1–11, 11– 

60.1–14, 11–60.1–15, 11–60.1–16, 11– 

60.1–17, 11–60.1–20, 11–60.1–32, 11– 

60.1–34, 11–60.1–40, 11–60.1–41, 11– 

60.1–42, 11–60.1–51, 11–60.1–53, 11– 

60.1–54, and 11–60.1–56. 

The amendments to paragraph(c) read 

as follows: 

§ 52.620 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED STATE OF HAWAII REGULATIONS

State citation Title/subject Effective date EPA approval date Explanation 

*******

Department of Health, Title 

11, Chapter 60.1, Air Pollution Control.

Hawaii Administrative Rules 

11–60.1–1 ............................... Definitions .............................. 11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–1. 

11–60.1–2 ............................... Prohibition of air pollution ...... 11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–17. 

11–60.1–4 ............................... Certification ............................ 11/14/2003 4/27/2012 [Insert page number where the document 

begins].

New regulation. 

11–60.1–8 ............................... Reporting discontinuance ...... 11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–10. 

11–60.1–11 ............................. Sampling, testing, and reporting methods.11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–15 and 

11–60–6. 

11–60.1–14 ............................. Public access to information .. 11/14/2003 4/27/2012 [Insert page number where the document 

begins].

New regulation. 

11–60.1–15 ............................. Reporting of equipment shutdown.11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–16. 

11–60.1–16 ............................. Prompt reporting of deviations 11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–16. 

11–60.1–17 ............................. Prevention of air pollution 

emergency episodes.

11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–35. 

11–60.1–20 ............................. Severability ............................ 11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–38. 

11–60.1–32 ............................. Visible emissions ................... 11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–24. 

11–60.1–34 ............................. Motor vehicles ........................ 11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–25. 

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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 25087 

EPA-APPROVED STATE OF HAWAII REGULATIONS—Continued 

State citation Title/subject Effective date EPA approval date Explanation 

11–60.1–40 ............................. Volatile organic compound 

water separation.

11/14/2003 4/27/2012 [Insert page number where the document 

begins].

New regulation. 

11–60.1–41 ............................. Pump and compressor requirements.11/14/2003 4/27/2012 [Insert page number where the document 

begins].

New regulation. 

11–60.1–42 ............................. Waste gas disposal ............... 11/14/2003 4/27/2012 [Insert page number where the document 

begins].

New regulation. 

11–60.1–51 ............................. Definitions .............................. 11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–1. 

11–60.1–53 ............................. Agricultural burning: permit 

requirement.

11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–19. 

11–60.1–54 ............................. Agricultural burning: applications.11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–20. 

11–60.1–56 ............................. Agricultural burning: recordkeeping and monitoring.11/14/2003 4/27/2012 [Insert page number where the document 

begins].

Supersedes 11–60–22. 

* * * * * 

[FR Doc. 2012–10102 Filed 4–26–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2009–0559; FRL–9664–9] 

RIN 2060–AP90 

Denial of Reconsideration Petitions on 

Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: 

Sewage Sludge Incineration Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Denial of petitions for 

reconsideration. 

SUMMARY: The EPA is providing notice 

that it has denied two petitions for 

reconsideration of a final rule published 

in the Federal Register on March 21, 

2011. The rule established new source 

performance standards and emission 

guidelines for sewage sludge 

incineration units located at wastewater 

treatment facilities designed to treat 

domestic sewage sludge, and was issued 

pursuant to the EPA’s authority under 

Clean Air Act section 129 to regulate 

solid waste incineration units. After 

publication of the rule, the EPA 

received petitions for reconsideration of 

the final rule from the National 

Association of Clean Water Agencies 

(NACWA) (dated May 24, 2011) and the 

Sierra Club (dated May 20, 2011). After 

carefully considering the petitions and 

supporting information, in reaching a 

decision on the petitions, EPA 

Administrator Lisa P. Jackson denied 

the petitions for reconsideration on 

April 6, 2012, in separate letters to the 

petitioners. EPA denied the petitions 

because they fail to meet the procedural 

test for reconsideration under CAA 

section 307(d)(7)(B), and/or are not of 

central relevance to the outcome of the 

rule, both of which are necessary 

conditions precedent to granting 

reconsideration. The letters explain in 

detail EPA’s reasons for the denials. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Hambrick, Sector Policies and 

Programs Division (E143–03), Office of 

Air Quality Planning and Standards, 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

0964; fax number: (919) 541–3470; 

email address: hambrick.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. How can I get copies of this document 

and other related information? 

This Federal Register notice, the 

petitions for reconsideration, and the 

letters denying the petitions for 

reconsideration are available in the 

docket that the EPA established for the 

‘‘Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: Sewage 

Sludge Incineration Units’’ under 

Docket ID No. EPA–HQ–OAR–2009– 

0559. The document identification 

numbers for the petitions for 

reconsideration are: Sierra Club, EPA– 

HQ–OAR–2009–0559–0173; and 

NACWA, EPA–HQ–OAR–2009–0559– 

0174 (petition). The document 

identification number for EPA’s 

response letters are EPA–HQ–OAR– 

2009–0559–0181. All documents in the 

docket are listed on the 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, e.g., confidential 

business information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center (Air Docket), 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744 

and the telephone number for the Air 

Docket is (202) 566–1742. 

This Federal Register notice, the 

petitions for reconsideration and the 

letters denying the petitions can also be 

found on the EPA’s Web site at http:// 

www.epa.gov/ttn/atw/129/ssi/ 

ssipg.html. The ‘‘Standards of 

Performance for New Stationary Sources 

and Emission Guidelines for Existing 

Sources: Sewage Sludge Incineration 

Units’’ rules were published in the 

Federal Register on March 21, 2011, at 

76 FR 15372. 

II. Judicial Review 

Any petitions for review of the letters 

denying the petitions for 

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