Jared Blumenfeld, Regional Administrator, EPA Region 9 signed the following proposed rule on August 5, 2014, 

and EPA is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the 

accuracy of this Internet version of the proposed rule, it is not the official version of the proposed rule for purposes 

of public comment. Please refer to the official version in a forthcoming FR publication, which will appear on the 

Government Printing Office's FDsys website (http://fdsys.gpo.gov/fdsys/search/home.action) and on 

Regulations.gov (http://www.regulations.gov) in Docket No. EPA-R09-OAR-2014-0185

Billing Code: 6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0317; FRL-_________]

Approval and Promulgation of State Implementation Plans; Hawaii; Infrastructure 

Requirements for the 2008 8-Hour Ozone and the 2010 Nitrogen Dioxide National Ambient 

Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: The Environmental Protection Agency (EPA) is approving elements of a State 

Implementation Plan (SIP) revision submitted by the State of Hawaii on April 4, 2014, pursuant 

to the requirements of the Clean Air Act (CAA or the Act) for the 8-Hour Ozone and the 2010 

Nitrogen Dioxide national ambient air quality standards (NAAQS). Section 110(a) of the CAA 

requires that each state adopt and submit a SIP for the implementation, maintenance, and 

enforcement of each NAAQS promulgated by EPA.

DATES: Effective Date: This final rule is effective on [Federal Register Office: Insert date 30 

days from the date of publication in the Federal Register].

ADDRESSES: EPA has established a docket for this action, identified by Docket ID Number 

EPA-R09-OAR-2014-0317. The index to the docket for this action is available electronically at 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, EPA Region 9 on 

August 5, 2014. We have taken steps to ensure the accuracy of this version, but it is not the official version.

2

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: Tom Kelly, Air Planning Office (AIR–2), 

U.S. Environmental Protection Agency, Region IX, (415) 972–3856, kelly.thomasp@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms “we,” “us,” and 

“our” refer to EPA.

TABLE OF CONTENTS:

I. Background

II. Final Action

III. Statutory and Executive Order Reviews

I. Background

On May 19, 2014 (79 FR 28659), EPA proposed to approve elements of the Hawaii State 

Implementation Plan Revision for 8-Hour Ozone and the 2010 Nitrogen Dioxide National 

Ambient Air Quality Standards, Clean Air Act §110(a)(1) and (2) (“Hawaii Ozone and Nitrogen 

Dioxide Infrastructure SIP”), submitted by the State of Hawaii on April 4, 2014. In particular, we 

proposed to approve Hawaii Administrative Rules (HAR) section 11-60.1-31, as well as Hawaii 

Revised Statutes (HRS) sections 342B-4 and 342B-5 into the Hawaii SIP and to remove HRS 

sections 342-14, 342-18 and 342-19 from the SIP. We also proposed to approve the Hawaii 

Ozone and Nitrogen Dioxide Infrastructure SIP with respect to the following CAA requirements:
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, EPA Region 9 on 

August 5, 2014. We have taken steps to ensure the accuracy of this version, but it is not the official version.

3

• Section 110(a)(2)(A): Emission limits and other control measures.

• Section 110(a)(2)(B): Ambient air quality monitoring/data system.

• Section 110(a)(2)(C) (in part): Program for enforcement of control measures and 

regulation of new stationary sources (minor NSR program).

• Section 110(a)(2)(E): Adequate resources and authority, conflict of interest, and 

oversight of local governments and regional agencies.

• Section 110(a)(2)(F): Stationary source monitoring and reporting.

• Section 110(a)(2)(G): Emergency episodes.

• Section 110(a)(2)(H): SIP revisions.

• Section 110(a)(2)(J) (in part): Public notification (sub-element 2).

• Section 110(a)(2)(K): Air quality modeling and submission of modeling data..

• Section 110(a)(2)(L): Permitting fees.

• Section 110(a)(2)(M): Consultation/participation by affected local entities.

We did not propose to take action on the Hawaii Ozone and Nitrogen Dioxide Infrastructure SIP 

with respect to the following sub-elements: 110(a)(2)(C) sub-element 3 (preconstruction PSD 

permitting of major sources); 110(a)(2)(D) all sub-elements; and 110(a)(2)(J) sub-elements 1 

(consultation with identified officials on certain air agency actions) and 3 (PSD).

The rationale supporting EPA's action, including the scope of infrastructure SIPs in 

general, is explained in the proposed rule and the associated technical support document (TSD) 

and will not be restated here. The TSD is available online at http://www.regulations.gov, Docket 

ID number EPA–R09–OAR– 2014–0317. We did not received any public comments on our 

proposal.

II. Final Action
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, EPA Region 9 on 

August 5, 2014. We have taken steps to ensure the accuracy of this version, but it is not the official version.

4

EPA is approving HAR section 11-60.1-31 and HRS sections 342B-4 and 342B-5 into 

the Hawaii SIP and removing HRS sections 342-14, 342-18 and 342-19 from the SIP. 

EPA is also approving the Hawaii Ozone and Nitrogen Dioxide Infrastructure SIP with 

respect to the following requirements:

 Section 110(a)(2)(A): Emission limits and other control measures.

 Section 110(a)(2)(B): Ambient air quality monitoring/data system.

 Section 110(a)(2)(C) (in part): Program for enforcement of control measures and 

regulation of new stationary sources (minor NSR program).

 Section 110(a)(2)(E): Adequate resources and authority, conflict of interest, and oversight 

of local governments and regional agencies.

 Section 110(a)(2)(F): Stationary source monitoring and reporting.

 Section 110(a)(2)(G): Emergency episodes.

 Section 110(a)(2)(H): SIP revisions.

 Section 110(a)(2)(J) (in part): Public notification (sub-element 2).

 Section 110(a)(2)(K): Air quality modeling and submission of modeling data.

 Section 110(a)(2)(L): Permitting fees.

 Section 110(a)(2)(M): Consultation/participation by affected local entities.

III. Statutory and Executive Order Reviews

Under the CAA, 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 CAA. Accordingly, this action merely approves certain state 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, EPA Region 9 on 

August 5, 2014. We have taken steps to ensure the accuracy of this version, but it is not the official version.

5

laws as meeting federal requirements; this action 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 CAA; and,

 Does not provide EPA with the discretionary authority to address, as appropriate, 

disproportionate human health or environmental effects, using practicable and legally 

permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, EPA Region 9 on 

August 5, 2014. We have taken steps to ensure the accuracy of this version, but it is not the official version.

6

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. 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 [FEDERAL 

REGISTER OFFICE: insert date 60 days from date of publication of this document in the 

Federal Register]. 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
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, EPA Region 9 on 

August 5, 2014. We have taken steps to ensure the accuracy of this version, but it is not the official version.

7

Environmental protection, Air pollution control, Incorporation by reference, 

Intergovernmental relations, Oxides of nitrogen, Ozone, Reporting and recordkeeping

requirements, Volatile organic compounds.

 

__________________ ________________________

Dated: Jared Blumenfeld,

Regional Administrator,

Region IX
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, EPA Region 9 on 

August 5, 2014. We have taken steps to ensure the accuracy of this version, but it is not the official version.

8

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 adding an entry for “11-60.1-31” after 

the entry for “11-60.1-20;” and

3. In § 52.620, the table in paragraph (e) is amended by:

a. Revising the table section entitled "State of Hawaii Air Pollution Control 

Implementation Plans for Ozone, PM2.5, and Lead";

b. Adding an entry for “Hawaii State Implementation Plan Revision, National Ambient 

Air Quality Standards for 2008 Ozone and 2010 Nitrogen Dioxide, Clean Air Act 

§110(a)(1) & (2), excluding attachment 3, and appendices A, B, and C” after the entry for 

“Hawaii State Implementation Plan Revision for 2008 Lead National Ambient Air

Quality Standard, Clean Air Act Section 110(a)(1) & (2), excluding attachment 6, and 

appendices A, B, C, F”; and 

c. Removing the table section entitled “Hawaii Revised Statutes, Chapter 342, Hawaii 

Statute on Environmental Quality”;

d. Adding entries for “342B-4” and “342B-5” after the entry for “342B-3”.

The revisions and additions 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
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, EPA Region 9 on 

August 5, 2014. We have taken steps to ensure the accuracy of this version, but it is not the official version.

9

* * * * * * *

11-60.1-31 Applicability 11/26/93 [Insert 

Federal

Register

page 

number 

where the 

document 

begins and 

insert date 

of FR

publication]

Newly added to the 

Hawaii SIP. Submitted 

on April 4, 2014.

* * * * * * *

* * * * *

(e) * * *

EPA APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASIREGULATORY MEASURES

Name of SIP 

revision or statutory 

section number

Applicable 

geographic area or 

title

State 

submittal 

date

EPA 

approval 

date Explanation

* * * * * * *

State of Hawaii Air Pollution Control Implementation Plans for Nitrogen Dioxide, Ozone,

PM2.5, and Lead

* * * * * * *

Hawaii State 

Implementation Plan 

Revision, National 

Ambient Air Quality 

Standards for 2008 

Ozone and 2010 

Nitrogen Dioxide,

Clean Air Act 

Statewide 4/4/14 [Insert 

Federal

Register

page 

number 

where the 

document 

begins and 

Approved SIP revision 

excludes attachment 3 

(“Summary of Public 

Participation 

Proceedings”), appendix 

A (“Hawaii Revised 

Statutes, Title 19, Health,

Chapter 342B, Air 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, EPA Region 9 on 

August 5, 2014. We have taken steps to ensure the accuracy of this version, but it is not the official version.

10

§110(a)(1) & (2), 

excluding attachment 

3, and appendices A, 

B, and C.

insert date 

of FR

publication]

Pollution Control

Sections 4 and 5”);

appendix B (“Hawaii 

Administrative Rules, 

Title 11, Department of 

Health, Chapter 11-60.1, 

Air Pollution Control, 

Section 31;), appendix C 

(“Approvals & Public 

Participation Proceedings 

for HAR §11-60.1-31: 

November 26,

1993 version”) . The 

statutory provisions in 

appendix A are listed 

separately in the table 

under paragraph (e). The

regulations in appendix 

B are listed separately in 

the table under paragraph 

(c). This action addresses 

the following CAA 

elements or portions 

thereof for the 2008 

Ozone and 2010 

Nitrogen Dioxide 

NAAQS: 110(a)(2)(A), 

(B), (C), (E), (F), (G), 

(H), (J), (K), (L), and 

(M).

* * * * * * *

342B-4. Other powers of 

department and 

director not affected.

4/4/14 [Insert 

Federal

Register

page 

number 

where the 

document 

begins and 

insert date 

of FR

publication]

Most recently amended 

in Laws 1992, Act 240, 

pt of § 1. Included in

appendix A to the 

Hawaii State 

Implementation Plan 

Revision, National 

Ambient Air Quality 

Standards for 2008 

Ozone and 2010 

Nitrogen Dioxide, Clean 

Air Act §110(a)(1) & (2).

342B-5. Effect of laws, 4/4/14 [Insert Most recently amended 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, EPA Region 9 on 

August 5, 2014. We have taken steps to ensure the accuracy of this version, but it is not the official version.

11

ordinances, and 

rules.

Federal

Register

page 

number 

where the 

document 

begins and 

insert date 

of FR

publication]

in Laws 1992, Act 240, 

pt of § 1. Included in

appendix A to the 

Hawaii State 

Implementation Plan 

Revision, National 

Ambient Air Quality 

Standards for 2008 

Ozone and 2010 

Nitrogen Dioxide, Clean 

Air Act §110(a)(1) & (2).

* * * * * * *