24148 Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0213; FRL–9661–6] 

Revision to the Hawaii State 

Implementation Plan, Minor New 

Source Review Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Hawaii State Implementation Plan (SIP). 

These revisions would update and 

replace the minor new source review 

rules that EPA approved into the Hawaii 

SIP in 1983. 

DATES: This rule is effective on June 22, 

2012 without further notice, unless EPA 

receives adverse comments by May 23, 

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–2012–0213, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: r9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (Air– 

3), 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. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While EPA 

generally lists the documents in the 

docket in the index, some information 

may not be specifically listed as a line 

item in the index or may be publicly 

available only at the hard copy location 

(e.g., voluminous records, 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 in the FOR FURTHER INFORMATION

CONTACT section. The hard copy 

materials constitute the docket. 

FOR FURTHER INFORMATION CONTACT: 

Geoffrey Glass, EPA Region IX, (415) 

972–3534, glass.geoffrey@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. What rules are being removed from the 

SIP? 

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 ........................................ 11–60.1–3 General conditions for considering applications .......................... 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–5 Permit conditions ......................................................................... 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–7 Transfer of permit ........................................................................ 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–12 Air quality models ........................................................................ 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–19 Penalties and remedies ............................................................... 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–81 Definitions .................................................................................... 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–82 Applicability .................................................................................. 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–83 Initial covered source permit application ..................................... 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–84 Duty to supplement or correct permit applications ...................... 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–91 Temporary covered source permits ............................................. 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–92 Covered source general permits ................................................. 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–93 Federally-enforceable permit terms and conditions .................... 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–99 Public participation ....................................................................... 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–103 Applications for minor modifications ............................................ 11/14/03 12/14/11 

HDOH ........................................ 11–60.1–104 Applications for significant modifications ..................................... 11/14/03 12/14/11 

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. What rules are being removed from 

the SIP? 

Table 2 lists rules that we had 

previously approved into the SIP with 

the date of adoption by HDOH and the 

date of publication in the Federal 

Register. These rules are superseded by 

the rules listed in Table 1. 

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Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations 24149 

TABLE 2—DELETED RULES

Local agency Rule No. Rule title Adopted Published 

HDOH ........................................ 11–60–02 Permit system, applicability ......................................................... 11/29/82 8/18/83 

HDOH ........................................ 11–60–03 Permit system, applications ......................................................... 11/29/82 8/18/83 

HDOH ........................................ 11–60–04 Permit system, conditions for considering applications .............. 11/29/82 8/18/83 

HDOH ........................................ 11–60–05 Permit system, action on applications ......................................... 11/29/82 8/18/83 

HDOH ........................................ 11–60–07 Permit system, cancellation of authority to construct .................. 11/29/82 8/18/83 

HDOH ........................................ 11–60–08 Permit system, suspension or revocation of permit to operate .. 11/29/82 8/18/83 

HDOH ........................................ 11–60–09 Permit system, transfer of permit to operate ............................... 11/29/82 8/18/83 

HDOH ........................................ 11–60–11 Permit system, posting of permit to operate ............................... 11/29/82 8/18/83 

HDOH ........................................ 11–60–12 Permit system, fees ..................................................................... 11/29/82 8/18/83 

HDOH ........................................ 11–60–13 Permit system, fee schedule for a permit to operate .................. 11/29/82 8/18/83 

HDOH ........................................ 11–60–14 Permit system, period of permit .................................................. 11/29/82 8/18/83 

HDOH ........................................ 11–60–37 Penalties & remedies ................................................................... 11/29/82 8/18/83 

C. What is the purpose of the submitted 

rule revisions? 

Section 110(a)(2)(C) of the Clean Air 

Act as amended in 1990 (CAA or the 

Act) requires States to include in their 

SIPs programs that regulate the 

construction and modification of 

stationary sources adequate to ensure 

that the national ambient air quality 

standards are achieved. The purpose of 

these revisions is to fulfill this 

requirement of the CAA as it applies to 

minor stationary sources and minor 

modifications made to major stationary 

sources. 

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)). 

Specifically, EPA evaluates minor 

new source review programs included 

as a SIP submittal based on the criteria 

in subpart I of 40 CFR 51, excluding 40 

CFR 51.165 and 50.166, which relate to 

review of new major sources and major 

modifications under part C or D of title 

I of the CAA. 

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 and meet the criteria in 

subpart I of 40 CFR part 51 sections 

160–164. The technical support 

document 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 23, 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 22, 2012. 

This will incorporate these rules into 

the federally enforceable SIP for Hawaii. 

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 

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24150 Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations 

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 22, 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 

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, New source review, 

Reporting and recordkeeping 

requirements. 

Dated: March 20, 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 twelve 

entries under the category for Title 11, 

Chapter 60: 11–60–2, 11–60–3, 11–60–4, 

11–60–5, 11–60–7, 11–60–8, 11–60–9, 

11–60–11, 11–60–12, 11–60–13, 11–60– 

14, and 11–60–37. 

■ b. Adding the following fifteen entries 

in numerical order under the category 

for Chapter 60.1: Sections 11–60.1–3, 

11–60.1–5, 11–60.1–7, 11–60.1–12, 11– 

60.1–19, 11–60.1–81, 11–60.1–82, 11– 

60.1–83, 11–60.1–84, 11–60.1–91, 11– 

60.1–92, 11–60.1–93, 11–60.1–99, 11– 

60.1–103, and 11–60.1–104. 

The 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 

*******

Department of Health, Title 11, 

Chapter 60.1, Air Pollution 

Control.

Hawaii Administrative Rules.

*******

11–60.1–3 ................................. General conditions for considering applications................... 04/23/2012 [Insert page number where the document begins].Supersedes 11–60–04, 11– 

60–11, 11–60–13, 11–60– 

14. 

*******

11–60.1–5 ................................. Permit conditions ..................... .................. 04/23/2012 [Insert page number where the document begins].New regulation. 

11–60.1–7 ................................. Transfer of permit .................... .................. 04/23/2012 [Insert page number where the document begins].Supersedes 11–60–09. 

*******

11–60.1–12 ............................... Air quality models .................... .................. 04/23/2012 [Insert page number where the document begins].New regulation. 

*******

11–60.1–19 ............................... Penalties and remedies .......... .................. 04/23/2012 [Insert page number where the document begins].Supersedes 

11–60–37. 

*******

11–60.1–81 ............................... Definitions ............................... .................. 04/23/2012 [Insert page number where the document begins].New regulation. 

11–60.1–82 ............................... Applicability ............................. .................. 04/23/2012 [Insert page number where the document begins].Supersedes 11–60–02. 

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Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Rules and Regulations 24151 

EPA-APPROVED STATE OF HAWAII REGULATIONS—Continued 

State citation Title/subject Effective 

date EPA Approval date Explanation 

11–60.1–83 ............................... Initial covered source permit 

application.

.................. 04/23/2012 [Insert page number where the document begins].Supersedes 11–60–03, 11– 

60–05, 11–60–07, 11–60– 

08, 11–60–12. 

11–60.1–84 ............................... Duty to supplement or correct 

permit applications.

.................. 04/23/2012 [Insert page number where the document begins].New regulation. 

11–60.1–91 ............................... Temporary covered source 

permits.

.................. 04/23/2012 [Insert page number where the document begins].New regulation. 

11–60.1–92 ............................... Covered source general permits................... 04/23/2012 [Insert page number where the document begins].New regulation. 

11–60.1–93 ............................... Federally-enforceable permit 

terms and conditions.

.................. 04/23/2012 [Insert page number where the document begins].New regulation. 

11–60.1–99 ............................... Public participation .................. .................. 04/23/2012 [Insert page number where the document begins].New regulation. 

11–60.1–103 ............................. Applications for minor modifications................... 04/23/2012 [Insert page number where the document begins].New regulation. 

11–60.1–104 ............................. Applications for significant 

modifications.

.................. 04/23/2012 [Insert page number where the document begins].New regulation. 

* * * * * 

[FR Doc. 2012–9705 Filed 4–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 120412408–2408–01] 

RIN 0648–XA795 

Fisheries of the Northeastern United 

States; Summer Flounder, Scup, and 

Black Sea Bass Fisheries; Final 2012 

Summer Flounder, Scup, and Black 

Sea Bass Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is implementing final 

specifications, which consist of catch 

levels and management measures, for 

the 2012 summer flounder, scup, and 

black sea bass fisheries. The 

specifications are necessary to ensure 

the three species are not overfished or 

subject to overfishing in 2012. This final 

rule makes no changes to the interim 

specifications implemented on January 

1, 2012, which were established using 

the best available scientific information. 

DATES: Effective April 23, 2012, through 

December 31, 2012. 

ADDRESSES: Copies of the 2012 

specifications document, which 

includes an Environmental Assessment 

(EA), are available from Daniel S. 

Morris, Acting Northeast Regional 

Administrator, National Marine 

Fisheries Service, 55 Great Republic 

Drive, Gloucester, MA 01930. This 

document is also accessible via the 

Internet at http://www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Moira Kelly, Fishery Policy Analyst, 

(978) 281–9218. 

SUPPLEMENTARY INFORMATION: On 

December 30, 2011 (76 FR 82189), 

NMFS published interim specifications 

for the summer flounder, scup, and 

black sea bass fisheries, including 

commercial quotas, recreational harvest 

limits, and, as appropriate, commercial 

possession limits. These interim 

specifications were effective on January 

1, 2012, through December 31, 2012. 

The background and rationale 

supporting the interim specifications 

can be found in the preamble to the 

interim final rule cited above and are 

not repeated here. 

As discussed in the interim final rule 

cited above, on December 14, 2011, the 

Mid-Atlantic Fishery Management 

Council (Council), and its Scientific and 

Statistical Committee (SSC), met to 

reconsider new stock assessment 

information on scup and summer 

flounder and to develop revised 

recommendations to NMFS for the 2012 

specifications. The Council’s revised 

recommendations are consistent with 

the measures implemented by NMFS in 

the interim final rule, so no changes to 

the interim specifications are necessary 

to address the Council’s action. 

As part of the interim final rule, 

NMFS solicited comment on the interim 

measures and acknowledged that it may 

adjust, as needed, the final 2012 

specifications based on the Council’s 

recommendations and public comment 

on the interim measures. During the 30- 

day comment period on the interim 

final rule, NMFS received three 

comments. These comments are 

addressed later in this final rule, but 

none warrant any changes to the interim 

specifications. Therefore, this final rule 

makes no changes to the measures 

implemented on January 1, 2012, for the 

2012 fishing year, which remain as 

follows: 

Summer Flounder 

The updated stock assessment 

overfishing limit (OFL) is 31,588,000 lb 

(14,328 mt). The projected 2012 

spawning stock biomass (SSB) is 

134,667,008 lb (61,084 mt), above the 

SSBMSY (where MSY means maximum 

sustainable yield) level of 132,440,000 

lb (60,074 mt). Thus, the B/BMSY ratio is 

1.01. Applying the Council’s risk policy 

results in an overfishing risk tolerance 

(P*) of 0.40, or a 40-percent risk of 

overfishing the summer flounder stock. 

Using this information, the resulting 

acceptable biological catch (ABC) 

remains 25,581,054 lb (11,603 mt), 

Consistent with § 648.102(a), for 

summer flounder, the sum of the 

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