49454 Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations 

Townsend Road, Philadelphia, PA 

19154. The telephone number is 215– 

305–2000. 

(i) The National Archives at Riverside 

is located at 23123 Cajalco Road, Perris, 

CA 92570. The telephone number is 

951–956–2000. 

(j) The National Archives at San 

Francisco is located in the Leo J. Ryan 

Building, 1000 Commodore Drive, San 

Bruno, CA 94066–2350. The telephone 

number is 650–238–3478. 

(k) The National Archives at Seattle is 

located at 6125 Sand Point Way, NE., 

Seattle, WA 98115–7999. The telephone 

number is 206–336–5141. 

(l) The National Archives at St. Louis 

is located at 1 Archives Drive, St. Louis, 

MO 63138. The telephone number is 

314–801–0850. 

§ 1253.8 [Redesignated as § 1253.6] 

■ 7. Redesignate § 1253.8 as § 1253.6. 

§ 1253.9 [Redesignated as § 1253.7 and 

Amended] 

■ 8. Redesignate § 1253.9 as § 1253.7 

and in the newly designated paragraph 

§ 1253.7(c), remove ‘‘(with the exception 

of the Lyndon Baines Johnson Library 

which is only closed December 25).’’ 

§ 1253.10 [Redesignated as § 1253.8 and 

Amended] 

■ 9. Redesignate § 1253.10 as § 1253.8 

and in the newly designated paragraph 

§ 1253.8(a), remove ‘‘§ 1253.10(c)’’ and 

add in its place ‘‘§ 1253.8(c),’’ and 

remove ‘‘§ 1253.10(d)’’ and add in its 

place ‘‘§ 1253.8(d).’’ 

Dated: August 11, 2014. 

David S. Ferriero, 

Archivist of the United States. 

[FR Doc. 2014–19533 Filed 8–20–14; 8:45 am] 

BILLING CODE 7515–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2009–0790; FRL–9914–08– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Revisions to Regulation 

Number 1; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; correction. 

SUMMARY: This document contains a 

correction to the direct final rule, which 

published on May 10, 2010. Errors in 

the amendatory instruction are 

identified and corrected in this action. 

DATES: This document is effective 

August 21, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ayala, Air Program, Mailcode 8P– 

AR, Environmental Protection Agency, 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado, 80202–1129, (303) 312–6142 

or ayala.kathy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In a direct final rule published on 

May 10, 2010, 75 FR 25772, amendatory 

instruction number 2 for 

§ 52.320(c)(114) was incorrectly stated. 

This document corrects this amendatory 

instruction and set-out text to read as 

follows: 

Need for Correction 

As published, the final regulations 

contain an error in the amendatory 

instruction and set-out text: 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Accordingly, 40 CFR part 52 is 

corrected by making the following 

correcting amendment: 

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 G—Colorado 

■ 2. Section 52.320 is amended by 

adding paragraph (c)(114) to read as 

follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 

(114) On August 1, 2007, the State of 

Colorado submitted revisions to 

Colorado Regulation Number 1 to be 

incorporated into the Colorado SIP. The 

submittal revised Section III.B.2. by 

adding ‘‘and air curtain destructors 

subject to 40 CFR 60’’ to the first 

sentence of Section III.B.2. 

(i) Incorporation by reference. 

(A) 5 CCR 1001–3, Code of Colorado 

Regulations, Regulation Number 1, 

Emission Control for Particulates, 

Smokes, Carbon Monoxide and Sulfur 

Oxides, PARTICULATE MATTER, 

Section III.B.2, ‘‘Incinerators,’’ effective 

on November 30, 2006, published in 

Colorado Register, Volume 29, Number 

11. 

* * * * * 

Dated: August 5, 2014. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2014–19686 Filed 8–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0317; FRL–9915–38– 

Region 9] 

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: This final rule is effective on 

September 22, 2014. 

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 

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. 


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Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations 49455 

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: 

• 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 

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 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. section 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 


tkelley on DSK3SPTVN1PROD with RULES
49456 Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 20, 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, 

Oxides of nitrogen, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: August 5, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Therefore, 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 M—Hawaii 

■ 2. In § 52.620: 

■ a. In the table in paragraph (c), add an 

entry for ‘‘11–60.1–31’’ after the entry 

for ‘‘11–60.1–20.’’ 

■ b. In the table in paragraph (e), revise 

the table section heading entitled ‘‘State 

of Hawaii Air Pollution Control 

Implementation Plans for Ozone, PM2.5, 

and Lead.’’ 

■ c. In the table in paragraph (e), add an 

entry for ‘‘Hawaii State Implementation 

Plan Revision, National Ambient Air 

Quality Standards for 2008 Ozone and 

2010 Nitrogen Dioxide, Clean Air Act 

Section 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.’’ 

■ d. In the table in paragraph (e), 

remove the table section heading 

entitled ‘‘Hawaii Revised Statutes, 

Chapter 342, Hawaii Statute on 

Environmental Quality.’’ 

■ e. In the table in paragraph (e), add 

entries for ‘‘342B–4’’ and ‘‘342B–5’’ after 

the entry for ‘‘342B–3.’’ 

The additions and revisions 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 

*******

11–60.1–31 ....................................... Applicability .................. 11/26/93 8/21/14 [Insert Federal 

Register citation].

Newly added to the Hawaii SIP. 

Submitted on April 4, 2014. 

* * * * * * * 

* * * * * (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 

*******

State of Hawaii Air Pollution Control Implementation Plans for Nitrogen Dioxide, Ozone, PM2.5, and Lead 


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Federal Register / Vol. 79, No. 162 / Thursday, August 21, 2014 / Rules and Regulations 49457 

EPA APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued 

Name of SIP 

provision 

Applicable 

geographic or 

nonattainment area 

State submittal 

date EPA approval date Explanation 

*******

Hawaii State Implementation Plan 

Revision, National Ambient Air 

Quality Standards for 2008 Ozone 

and 2010 Nitrogen Dioxide, Clean 

Air Act Section 110(a)(1) & (2), excluding attachment 3, and appendices A, B, and C.

Statewide ..................... 4/4/14 8/21/14 [Insert Federal 

Register citation].

Approved SIP revision excludes attachment 3 (‘‘Summary of Public 

Participation Proceedings’’), appendix A (‘‘Hawaii Revised Statutes, Title 19, Health, Chapter 

342B, Air 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). 

* * * * * * * 

Hawaii Revised Statutes, Division 1 (Government), Title 19 (Health), Chapter 342B (Air Pollution Control) 

*******

342B–4 .............................................. Other powers of department and director not 

affected.

4/4/14 8/21/14 [Insert Federal 

Register citation].

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 Section 110(a)(1) & (2). 

342B–5 .............................................. Effect of laws, ordinances, and rules.4/4/14 8/21/14 [Insert Federal 

Register citation].

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 Section 110(a)(1) & (2). 

*******

[FR Doc. 2014–19688 Filed 8–20–14; 8:45 am] 

BILLING CODE 6560–50–P 


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