The EPA Region 9 Regional Administrator, Jared Blumenfeld, signed the following final rule on 

March 14, 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 rule, it is not the 

official version of the rule for purposes of compliance. 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-2013-0681. 

Billing Code: 6560-50-P

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R09-OAR-2013-0681; FRL-_________] 

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 [Federal 

Register Office: Insert date 30 days from the date of 

publication in the Federal Register]. 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, 

EPA Region 9 on March 14, 2014. We have taken steps to ensure the accuracy of this version, but 

it is not the official version. 

2 

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 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, 

EPA Region 9 on March 14, 2014. We have taken steps to ensure the accuracy of this version, but 

it is not the official version. 

3 

§110(a)(1) and (2) (February 13, 2013) (“Hawaii Pb 

Infrastructure SIP”), submitted by the State of Hawaii on 

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. 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, 

EPA Region 9 on March 14, 2014. We have taken steps to ensure the accuracy of this version, but 

it is not the official version. 

4 

· 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 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, 

EPA Region 9 on March 14, 2014. We have taken steps to ensure the accuracy of this version, but 

it is not the official version. 

5 

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); 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, 

EPA Region 9 on March 14, 2014. We have taken steps to ensure the accuracy of this version, but 

it is not the official version. 

6 

· 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 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, 

EPA Region 9 on March 14, 2014. We have taken steps to ensure the accuracy of this version, but 

it is not the official version. 

7 

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. 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 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, 

EPA Region 9 on March 14, 2014. We have taken steps to ensure the accuracy of this version, but 

it is not the official version. 

8 

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 

Environmental protection, Air pollution control, 

Incorporation by reference, Intergovernmental relations, Lead, 

Reporting and recordkeeping requirements. 

 

__________________ ________________________ 

Dated: Jared Blumenfeld, 

Regional Administrator, 

Region IX 

 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, 

EPA Region 9 on March 14, 2014. We have taken steps to ensure the accuracy of this version, but 

it is not the official version. 

9 

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 “11-60.1-90” after the entry for “11-60.1-84;” and 

3. In § 52.620, 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 

§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, excluding appendices A, B, D and 

E.” The amendments read as follows: 

§ 52.620 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED STATE OF HAWAII REGULATIONS 

State citation Title/subject

Effectiv

e Date 

EPA 

approval 

date Explanation 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, 

EPA Region 9 on March 14, 2014. We have taken steps to ensure the accuracy of this version, but 

it is not the official version. 

10 

* * * * * * * 

11-60.1-90 Permit 

content 

9/15/01 [Insert 

Federal

Register

page 

number 

where 

the 

document 

begins 

and 

insert 

date of 

FR

publicat

ion] 

Newly added to 

the Hawaii SIP. 

Submitted on 

February 13, 

2013. 

* * * * * * * 

* * * * * 

 (e) * * * 

EPA APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASIREGULATORY MEASURES 

Name of SIP 

revision or 

statutory 

section number

Applicable 

geographic 

area or title

State 

submitta

l date 

EPA 

approval 

date Explanation 

* * * * * * * 

Hawaii State 

Implementation 

Plan Revision 

for 2008 Lead 

National 

Ambient Air 

Statewide 2/13/13 [Insert 

Federal

Register

page 

number 

where 

Approved SIP 

revision excludes 

attachment 6 

(“Summary of 

Public 

Participation 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, 

EPA Region 9 on March 14, 2014. We have taken steps to ensure the accuracy of this version, but 

it is not the official version. 

11 

Quality 

Standard, 

Clean Air Act 

§110(a)(1) & 

(2), excluding 

attachment 6, 

and appendices

A, B, C, F. 

the 

document 

begins 

and 

insert 

date of 

FR

publicat

ion] 

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 
This document is a prepublication version, signed by Jared Blumenfeld, Regional Administrator, 

EPA Region 9 on March 14, 2014. We have taken steps to ensure the accuracy of this version, but 

it is not the official version. 

12 

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). 

* * * * * * *