The EPA Regional Administrator, Jared Blumenfeld, signed the following proposed rule on 

02/01/2012, 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 public comment. 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-2012-0082. Once the official version of 

this document is published in the FR, this version will be removed from the Internet and replaced 

with a link to the official version.

6560-50 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

 [EPA-R09-OAR-2012-0082; FRL-] 

Revisions to the Hawaii State Implementation Plan 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final action to approve revisions 

to the Hawaii State Implementation Plan (SIP). These revisions 

concern volatile organic compound (VOC), oxides of nitrogen 

(NOx), and particulate matter (PM) emissions from motor vehicles, 

water separation, pumps, compressors, waste gas, and open 

burning, as well as several administrative requirements. We are 

approving local rules that regulate these emission sources under 

the Clean Air Act as amended in 1990 (CAA or the Act). 

DATES: This rule is effective on [Insert date 60 days from the 

date of publication in the Federal Register] without further 

notice, unless EPA receives adverse comments by [Insert date 30 

days from the date of publication in the Federal Register]. 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-
2

OAR-2012-0082, by one of the following methods: 

1. Federal eRulemaking Portal: www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel (Air-4), 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 e-mail. 

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 e-mail directly to 

EPA, your e-mail 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. 

Electronic files should avoid the use of special characters, any 

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.
3

form of encryption, and be free of any defects or viruses. 

Docket: Generally, documents in the docket for this action are 

available electronically at 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 at 

www.regulations.gov, some information may be publicly available 

only at the hard copy location (e.g., copyrighted material, large 

maps), 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. 

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 

947-4126, law.nicole@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. Are there other versions of these rules? 

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? 

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.
4

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

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

Local 

Agency 

Rule # Rule Title Revised Submitted 

HDOH 11-60.1-1 Definitions 11/14/03 12/14/11 

HDOH 11-60.1-2 Prohibition of air 

pollution 

11/14/03 12/14/11 

HDOH 11-60.1-4 Certification 11/14/03 12/14/11 

HDOH 11-60.1-8 Reporting 

discontinuance 

11/14/03 12/14/11 

HDOH 11-60.1-11 Sampling, testing, 

and reporting methods 

11/14/03 12/14/11 

HDOH 11-60.1-14 Public access to 

information 

11/14/03 12/14/11 

HDOH 11-60.1-15 Reporting of 

equipment shutdown 

11/14/03 12/14/11 

HDOH 11-60.1-16 Prompt reporting of 

deviations 

11/14/03 12/14/11 

HDOH 11-60.1-17 Prevention of air 

pollution emergency 

11/14/03 12/14/11 

the accuracy of this version, but it is not the official version.
5

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

Local 

Agency 

Rule # Rule Title Revised Submitted 

episodes 

HDOH 11-60.1-20 Severability 11/14/03 12/14/11 

HDOH 11-60.1-32 Visible emissions 11/14/03 12/14/11 

HDOH 11-60.1-34 Motor vehicles 11/14/03 12/14/11 

HDOH 11-60.1-40 Volatile organic 

compound water 

separation 

11/14/03 12/14/11 

HDOH 11-60.1-41 Pump and compressor 

requirements 

11/14/03 12/14/11 

HDOH 11-60.1-42 Waste gas disposal 11/14/03 12/14/11 

HDOH 11-60.1-51 Definitions 11/14/03 12/14/11 

HDOH 11-60.1-53 Agricultural burning: 

permit requirement 

11/14/03 12/14/11 

HDOH 11-60.1-54 Agricultural burning: 

applications 

11/14/03 12/14/11 

HDOH 11-60.1-56 Agricultural burning: 

recordkeeping and 

monitoring 

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. 

the accuracy of this version, but it is not the official version.
6

B. Are there other versions of these rules? 

There are no previous versions of Rules 11-60.1-4, 11-60.1-

14, 11-60.1-40, 11-60.1-41, 11-60.1-42, and 11-60.1-51 in the 

SIP. We approved earlier versions of Rules 11-60.1-1 (formerly 

numbered 11-60-1), 11-60.1-2 (11-60-17), 11-60.1-8 (11-60-10), 

11-60.1-11(11-60-15 and 11-60-6), 11-60.1-15 (11-60-16), 11-60.1-

16 (11-60-16), 11-60.1-17 (11-60-35), 11-60.1-20 (11-60-38), 11-

60.1-32 (11-60-24), 11-60.1-34 (11-60-25), 11-60.1-53 (11-60-19), 

11-60.1-54 (11-60-20), and 11-60.1-56 (11-60-22) into the SIP on 

August 18, 1983(48 FR 37402). The HDOH adopted revisions to the 

SIP-approved versions on November 14, 2003 and submitted them to 

us on December 14, 2011. 

C. What is the purpose of the submitted rule revisions? 

 VOCs and NOx help produce ground-level ozone and smog, which 

harm human health and the environment. PM contributes to effects 

that are harmful to human health and the environment, including 

premature mortality, aggravation of respiratory and 

cardiovascular disease, decreased lung function, visibility 

impairment, and damage to vegetation and ecosystems. Section 

110(a) of the CAA requires States to submit regulations that 

control VOC, NOx, and PM emissions. New rules requiring controls 

on water separation units, pumps, compressors, and waste gas 

disposal have been adopted. Several rule revisions have been 

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.
7

made to update and clarify administrative rules. EPA’s technical 

support document (TSD) has more information about these rules. 

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)). Section 193 of the CAA does not apply to this 

proposed action because the entire State of Hawaii is designated 

unclassifiable/attainment for all of the current NAAQS. 

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. 

The TSD 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 [Insert date 

30 days from date of publication in the Federal Register], we 

will publish a timely withdrawal in the Federal Register to 

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.
8

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 [Insert date 60 days from date of 

publication in the Federal Register]. This will incorporate 

these rules into the federally enforceable SIP. 

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: 

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.
9

 • 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 (Public Law 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 

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.
10

• 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 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 

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.
11

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 [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 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, 

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.
12

Incorporation by reference, Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, Reporting and recordkeeping 

requirements, Volatile organic compounds. 

 //signed// 

Dated: 2/1/12 Jared Blumenfeld, 

 Regional Administrator, 

Region IX. 

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.
This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.

13

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 thirteen existing entries under the 

category for Title 11, Chapter 60: 11-60-1, 11-60-6, 11-60-

10, 11-60-15, 11-60-16, 11-60-17, 11-60-19, 11-60-20, 11-60-

22, 11-60-24, 11-60-25, 11-60-35, and 11-60-38. 

b. Following all entries in the category for Chapter 60, adding 

a new category for Chapter 60.1. 

c. Adding the following nineteen new entries under the category 

for Chapter 60.1: sections 11-60.1-1, 11-60.1-2, 11-60.1-4, 

11-60.1-8, 11-60.1-11, 11-60.1-14, 11-60.1-15, 11-60.1-16, 

11-60.1-17, 11-60.1-20, 11-60.1-32, 11-60.1-34, 11-60.1-40, 

11-60.1-41, 11-60.1-42, 11-60.1-51, 11-60.1-53, 11-60.1-54, 

and 11-60.1-56. 

The amendments to paragraph(c) read as follows: 

§52.620 Identification of plan. 

* * * * * 

(c) * * * 

EPA-Approved State of Hawaii Regulations 
14

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

State 

Citation 

Title/Subject Effective 

Date 

EPA Approval 

Date 

Explanation 

* * * * * * *

Department 

of Health, 

Title 11, 

Chapter 

60.1, Air 

Pollution 

Control 

Hawaii Administrative Rules 

11-60.1-1 Definitions 11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

Supersedes 

11-60-1 

11-60.1-2 Prohibition of 

air pollution 

11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

Supersedes 

11-60-17 

11-60.1-4 Certification 11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

New 

regulation 

11-60.1-8 Reporting 

discontinuance

11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

Supersedes 

11-60-10 

the accuracy of this version, but it is not the official version.
15

begins] 

11-60.1-11 Sampling, 

testing, and 

reporting 

methods 

11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

Supersedes 

11-60-15 

and 11-60-6 

11-60.1-14 Public access 

to information

11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

New 

regulation 

11-60.1-15 Reporting of 

equipment 

shutdown 

11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

Supersedes 

11-60-16 

11-60.1-16 Prompt 

reporting of 

deviations 

11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

Supersedes 

11-60-16 

11-60.1-17 Prevention of 

air pollution 

emergency 

episodes 

11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

Supersedes 

11-60-35 

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.
16

11-60.1-20 Severability 11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

Supersedes 

11-60-38 

11-60.1-32 Visible 

emissions 

11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

Supersedes 

11-60-24 

11-60.1-34 Motor vehicles 11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

Supersedes 

11-60-25 

11-60.1-40 Volatile 

organic 

compound water 

separation 

11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

New 

regulation 

11-60.1-41 Pump and 

compressor 

requirements 

11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

New 

regulation 

11-60.1-42 Waste gas 11/14/2003 [Insert New 

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.
17

disposal Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

regulation 

11-60.1-51 Definitions 11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

Supersedes 

11-60-1 

11-60.1-53 Agricultural 

burning: 

permit 

requirement 

11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

Supersedes 

11-60-19 

11-60.1-54 Agricultural 

burning: 

applications 

11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

Supersedes 

11-60-20 

11-60.1-56 Agricultural 

burning: 

recordkeeping 

and monitoring

11/14/2003 [Insert 

Federal 

Register 

publication 

date] 

[Insert page 

number where 

the document 

begins] 

Supersedes 

11-60-22 

This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.
This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 2/01/2012. We have taken steps to ensure 

the accuracy of this version, but it is not the official version.

18

* * * * *