Jared Blumenfeld, Regional Administrator, EPA Region 9 signed th e 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 for thcoming 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

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 [ EPA
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- _________] 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 approv ing elements of a State Implementation Plan (SIP) revision submitted by the State of Hawaii on April 4 , 201 4 , pursuant to the requirements of the Clean Air Act (CAA or the Act) for the 8

- Hour Ozone and the 2010 Nitrogen Dioxide national ambi ent 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: In sert date 3 0 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

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. The index to the docket for this action is available electronically atThis 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 I X, (415) 972

– 3 856 , 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 , 201 4 (7 9 FR 28659 ), EPA proposed to approve elements of the Hawaii St ate Implementation Plan R evision for 8

- Hour Ozone and the 2010 Nitrogen Dioxide National Ambient Air Quality Standard s , Clean Air Act § 110(a)(1) and (2) ( “Ha waii Ozone and Nitrogen
Dioxide Infrastructure SIP”) , submitted by the State of Hawaii on April 4 , 201 4

. In particular, w e 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 an d 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 reso urces 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.
• Se ction 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 th e 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

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. We did not received any public comments on our proposal

. II. Final ActionThis 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 app roving 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 regulat ions (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 stateThis 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 law s as meeting federal requireme nts; 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 certifie d 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 i n 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 sub

ject 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
Advan cement 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 effe cts, 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 Comp troller 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 t he 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 ru le 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 52This 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 rel ations, Oxides of nitrogen, Ozone , Reporting and recordkeeping requirements , Volatile organic compounds

.

__________________ ________________________ Dated: Jared Blumenfeld , Regional Administrator, Region IXThis 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

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- 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, PM 2.5 , 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, Chapte r 342, Hawaii Statute on Environmental Quality ”; d. Adding entries fo r “ 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 ExplanationThis 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

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- 31 Applicability 11 / 26 / 93 [ Insert Federal Register page number where the document begins and insert date of FR publication ] New ly added to the

Hawaii SIP

. Submitted
on April 4 , 201 4

.

* * * * * * *

* * * * * (e) * * * EPA APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI
REGULATORY 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, PM 2.5 , and Lead
* * * * * * *

Hawaii State Impleme ntation 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 342 B , AirThis 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 Contr ol

Sections 4 and 5 ” ) ; appendix B (“ H awaii 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 amendedThis 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)

.

* * * * * * *