19012 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations 

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). 

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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 6, 2014. 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. This action pertaining to 

Pennsylvania’s section 110(a)(2) 

infrastructure elements for the 2008 Pb 

NAAQS, 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, Lead, Reporting and 

recordkeeping requirements. 

Dated: March 21, 2014. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding an entry for 

section 110(a)(2) Infrastructure 

Requirements for the 2008 Pb NAAQS at 

the end of the table to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP 

revision 

Applicable 

geographic area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 

2008 Pb NAAQS.

Statewide ........... 5/24/12 4/7/2014 [Insert Federal Register page number where 

the document begins and 

date].

This rulemaking action addresses the following CAA elements: 110(a)(2)(A), (B), 

(C), (D)(i)(I), (D)(i)(II), (D)(ii), (E)(i), (E)(iii), 

(F), (G), (H), (J), (K), (L), and (M). 

[FR Doc. 2014–07569 Filed 4–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0681; FRL–9909–07– 

Region–9] 

Approval and Promulgation of State 

Implementation Plans; Hawaii; 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is approving elements of 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Hawaii on February 13, 2013, pursuant 

to the requirements of the Clean Air Act 

(CAA or the Act) for the 2008 Lead (Pb) 

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 May 7, 2014. 

ADDRESSES: EPA has established a 

docket for this action, identified by 

Docket ID Number EPA–R09–OAR– 

2013–0681. 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. 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

On October 23, 2013 (78 FR 63145), 

EPA proposed to approve elements of 

the Hawaii State Implementation Plan 

Revision for 2008 Lead National 

Ambient Air Quality Standard, Clean 

Air Act § 110(a)(1) and (2) (February 13, 

2013) (‘‘Hawaii Pb Infrastructure SIP’’), 

submitted by the State of Hawaii on 


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Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations 19013 

February 13, 2013. In our October 23, 

2013 proposed rule, we also proposed to 

approve Hawaii Administrative Rules 

(HAR) section 11–60.1–90 (‘‘Permit 

content’’) into the Hawaii SIP. 

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. The rationale 

supporting EPA’s action, including the 

scope of infrastructure SIPs in general, 

is explained in that Notice of Proposed 

Rulemaking (NPR) 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– 2013–0681. No public 

comments were received on the NPR. 

II. Final Action 

EPA is approving HAR 11–60.1–90 

(‘‘Permit content’’) and elements of the 

Hawaii Pb Infrastructure SIP. EPA is 

approving the Hawaii Pb 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 New Source 

Review (NSR) program only). 

• Section 110(a)(2)(D)(i)(I): Interstate 

transport (significant contribution and 

interference with maintenance). 

• Section 110(a)(2)(D)(i)(II) (in part): 

Interstate transport (visibility protection 

only). 

• 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. 

• 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. 

As explained in our October 23, 2013 

proposed rule and related TSD, we 

previously found the Hawaii Pb 

Infrastructure SIP incomplete with 

respect to the PSD-related requirements 

of section 110(a)(2). Under CAA section 

110(k)(1)(C), where EPA determines that 

a portion of a SIP submission is 

incomplete, ‘‘the State shall be treated 

as not having made the submission (or, 

in the Administrator’s discretion, part 

thereof).’’ Accordingly, we are not 

acting on the Hawaii Pb Infrastructure 

SIP with respect to the PSD-related 

requirements in Sections 110(a)(2)(C), 

(D)(i)(II), (D)(ii), and (J). 

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 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). 

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. 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 6, 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, 

Lead, Reporting and recordkeeping 

requirements. 

Dated: March 14, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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, 


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19014 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Rules and Regulations 

■ a. The table in paragraph (c) is 

amended by adding an entry for ‘‘11– 

60.1–90’’ after the entry for ‘‘11–60.1– 

84’’; and 

■ b. The table in paragraph (e) is 

amended by adding an 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, and F’’ after the entry for ‘‘State 

Implementation Plan Revision, Clean 

Air Act Section 110(a)(2), 1997 Ozone 

National Ambient Air Quality Standard 

and 1997 and 2006 PM2.5 National 

Ambient Air Quality Standards’’. 

The amendments 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 

*******

11–60.1–90 .............................. Permit content ........................ 9/15/01 [Insert FEDERAL REGISTER

page number where the 

document begins and 4/7/

2014].

Newly added to the Hawaii 

SIP. Submitted on February 

13, 2013. 

* * * * * * * 

* * * * * (e) * * * 

EPA-APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI–REGULATORY MEASURES

Name of SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date 

EPA-approval date Explanation 

*******

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.

Statewide ........ 2/13/13 [Insert FEDERAL REGISTER

page number where the 

document begins and 4/

7/2014].

Approved SIP revision excludes attachment 6 

(‘‘Summary of Public Participation Proceedings’’), 

appendix A (‘‘Hawaii Revised Statutes Chapter 

342A, Air Pollution Control’’), appendix B (‘‘Hawaii 

Revised Statutes Chapter 84, Standards of Conduct’’), appendix C (‘‘Hawaii Administrative Rules 

Chapter 11–60.1, Air Pollution Control’’), and appendix F (‘‘Approval and Public Participation Proceedings from the Most Recent Amendment and 

Public Comment for HAR 11–60.1–90: September 

15, 2001 version’’). The statutory provisions in appendices A and B were previously approved and 

are listed separately in the table under paragraph 

(e). EPA-approved regulations contained in appendix C are listed separately in the table under paragraph (c). This action addresses the following CAA 

elements or portions thereof for the 2008 Pb 

NAAQS: 110(a)(2)(A), (B), (C), (D)(i)(I), (E), (F), 

(G), (H), (J), (K), (L), and (M). 

* * * * * * * 

[FR Doc. 2014–07565 Filed 4–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 14–1; RM–11710; DA 14– 

363] 

Television Broadcasting Services; 

South Bend, Indiana 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: A petition for rulemaking was 

filed by LeSEA Broadcasting of South 

Bend, Inc. (‘‘LeSEA’’), the licensee of 

station WHME–TV, channel 48, South 

Bend, Indiana. Previously, the 

Commission substituted channel 46 for 

channel 48 at LeSEA’s request, and 

LeSEA now seeks to return to its 

previously allotted channel 48. LeSEA 

believes that grant of this reallotment 

would serve the public interest by 

allowing the station to continue to 

operate its currently licensed facilities 

and to channel the monies it would 


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