19804 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules and Regulations 

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

Subpart DD—Nevada 

■ 2. Section 52.1470 is amended by 

adding paragraph (c)(62) to read as 

follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

(62) The following plan revision was 

submitted on December 8, 2006, by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Nevada Division of Environmental 

Protection. 

(1) The following sections of Chapter 

445B of the Nevada Administrative 

Code were adopted on September 6, 

2006: 445B.134, 445B.230, 445B.258, 

445B.259, and 445B.260. 

[FR Doc. E7–7546 Filed 4–19–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 70 

[EPA–R09–OAR–2007–0090; FRL–8303–5] 

Clean Air Act Full Approval of 

Revisions to the State of Hawaii 

Operating Permit Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving revisions to 

the State of Hawaii’s (‘‘Hawaii’’ or 

‘‘State’’) operating permit program that 

amend Hawaii’s regulations for 

insignificant emissions units (IEUs). In 

an April 1, 2002 Notice of Deficiency 

published in the Federal Register, EPA 

notified Hawaii of EPA’s finding that 

Hawaii’s provisions for IEUs did not 

meet minimum Federal requirements. 

Hawaii has revised its program to 

correct the deficiency identified in the 

Notice of Deficiency and this action 

fully approves of those revisions. 

DATES: This operating permits program 

rule is effective on June 19, 2007 

without further notice, unless EPA 

receives adverse comments by May 21, 

2007. If we receive such comment, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that these revisions will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09–

OAR–2007–0090, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: Rios.Gerardo@epa.gov. 

3. Mail or deliver to Gerardo Rios, 

Permits Office Chief, Air Division (AIR–

3), EPA Region IX, 75 Hawthorne Street, 

San Francisco, California, 94105. 

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. 

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 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 in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Robert Baker, EPA Region IX, at (415) 

972–3979, (Baker.Robert@epa.gov). 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. What Is the Operating Permit Program? 

II. What Is Being Addressed in This 

Document? 

III. What Are the Program Changes That EPA 

Is Approving? 

IV. What Is Involved in This Action? 

V. Public Comment and Final Action 

VI. Statutory and Executive Order Reviews 

I. What Is the Operating Permit 

Program? 

The Clean Air Act Amendments of 

1990 required all state and local 

permitting authorities to develop 

operating permit programs that met 

certain federal criteria. In implementing 

the operating permit programs, the 

permitting authorities require certain 

sources of air pollution to obtain 

permits that contain all applicable 

requirements under the Clean Air Act 

(CAA). The focus of the operating 

permit program is to improve 

enforcement by issuing each source a 

permit that consolidates all of the 

applicable CAA requirements into a 

federally enforceable document. By 

consolidating all of the applicable 

requirements for a facility, the source, 

the public, and the permitting 

authorities can more easily determine 

what CAA requirements apply and how 

compliance with those requirements is 

determined. 

Sources required to obtain an 

operating permit under this program 

include ‘‘major’’ sources of air pollution 

and certain other sources specified in 

the CAA or in EPA’s implementing 

regulations. Examples of major sources 

include those that have the potential to 

emit 100 tons per year or more of 

volatile organic compounds, carbon 

monoxide, lead, sulfur dioxide, nitrogen 

oxides (NOX), or particulate matter 

(PM10); those that emit 10 tons per year 

or more of any single hazardous air 

pollutant (HAP) listed under the CAA; 

or those that emit 25 tons per year or 

more of a combination of HAPs. 

Hawaii’s operating permits program 

was submitted to EPA in response to 

this directive. EPA granted interim 

approval to Hawaii’s air operating 

permits program on December 1, 1994 

(59 FR 61549). After Hawaii revised its 

program to address the conditions of the 

interim approval, EPA promulgated 

final full approval of Hawaii’s title V 

operating permits program on November 

26, 2001 (66 FR 62945). 

II. What Is Being Addressed in This 

Document? 

When an operating permit program 

does not fully meet the criteria outlined 

in the implementing regulations 

codified at 40 Code of Federal 

Regulations (CFR) part 70, EPA may 

withdraw part 70 program approval if 

the permitting authority fails to take 

corrective action. 40 CFR 70.10(b) sets 

forth the procedures for program 

withdrawal, and requires as a 

prerequisite to withdrawal that the 

permitting authority be notified of any 

finding of deficiency by the 

Administrator and that the notice be 

published in the Federal Register. 

Deficiencies involving the provisions 

in the State’s program that exempt 

insignificant activities from part 70 

permitting requirements came to light as 

a result of the court decision in Western 

States Petroleum Association (WSPA) v. 


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Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules and Regulations 19805 

Environmental Protection Agency, 87 

F.3d 280 (9th Cir. 1996). The court 

found in the WSPA case that EPA had 

acted inconsistently in its approval of 

the insignificant activities provisions in 

several part 70 programs, including the 

State of Hawaii’s program. As a result, 

on April 1, 2002 EPA published a 

Notice of Deficiency for the State of 

Hawaii’s title V operating permits 

program based upon the finding that 

Hawaii’s provisions for IEUs did not 

meet minimum Federal requirements for 

program approval. This Federal Register 

notice describes the changes that the 

State has made to its operating permit 

program (Chapter 60.1 of the Hawaii 

Administrative Rules) to correct the 

deficiency identified in the Notice of 

Deficiency. 

III. What Are the Program Changes 

That EPA Is Approving? 

As discussed above, EPA published a 

Notice of Deficiency on April 1, 2002 

that identified a deficiency in the State’s 

title V program. In response to the 

Notice of Deficiency, the State revised 

its operating permit program to remove 

or correct the deficiency identified by 

EPA. The State made its revised rule 

available to public review and 

comments. On November 4, 2003, the 

State adopted the revisions. The revised 

program was submitted to EPA on 

November 14, 2003. We have included 

below a discussion of the identified 

deficiency, the conditions for 

correction, and a summary of how the 

State has corrected the deficiency. The 

Technical Support Document (TSD) for 

this action includes more information 

about the State’s submittal and more 

details of the revisions made. In the 

discussion here, we have listed the EPA 

cited deficiency identified in the April 

1, 2002 Federal Register notice (see 62 

FR 15385), followed by a brief 

description of the State’s revisions to its 

operating permit program to remove the 

deficiency. 

Insignificant activities: Part 70 

authorizes EPA to approve as part of a 

state program a list of IEUs which need 

not be included in the permit 

application, provided that an 

application may not omit information 

needed to determine the applicability 

of, or to impose, any applicable 

requirement, or to evaluate the fee 

amount required under the EPAapproved schedule. Nothing in part 70, 

however, authorizes a state to exempt 

IEUs from the testing, monitoring, 

recordkeeping, reporting, or compliance 

certification requirements of 40 CFR 

70.6. Since the Hawaii program 

exempted IEUs from all permitting 

requirements including testing, 

monitoring, recordkeeping, reporting, 

and compliance certification 

requirements, EPA has required that 

Hawaii revise its IEU regulations. 

State’s response: The State revised 

rule § 11–60.1–82(e) removing the 

provision exempting IEUs from 

permitting requirements. 

IV. What Is Involved in This Action? 

Today, we are fully approving the 

State’s revised operating permit program 

(Chapter 60.1 of the Hawaii 

Administrative Rules). We have 

determined that the revisions made by 

the State remove or correct the 

deficiency identified by us in 2002. In 

addition, the State has made other 

changes to its operating permit program 

that are unrelated to the changes made 

to correct the identified program 

deficiency. EPA is not approving any 

action on these additional program 

changes in this notice. EPA will 

evaluate the additional program changes 

and will take appropriate action at a 

later date. 

V. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

revisions into the State of Hawaii State 

Implementation Plan because we 

believe it is consistent with title V of the 

Clean Air Act and 40 CFR Part 70. We 

are processing this action as a direct 

final action because the revisions made 

to the program to resolve the Notice of 

Deficiency are not controversial. 

However, in the Proposed Rules section 

of this Federal Register, we are 

simultaneously proposing approval of 

this same rule. If we receive adverse 

comments by May 21, 2007, 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. Copies of the 

Hawaii submittal and other supporting 

documentation used in developing the 

approval are contained in docket files 

maintained at the EPA Region IX office. 

The docket is an organized and 

complete file of all the information 

submitted to, or otherwise considered 

by, EPA in the development of this full 

approval. The primary purposes of the 

docket are: (1) To allow interested 

parties a means to identify and locate 

documents so that they can effectively 

participate in the approval process, and 

(2) to serve as the record in case of 

judicial review. If we do not receive 

timely adverse comments, the direct 

final approval will be effective without 

further notice on June 19, 2007. Please 

note that if we receive adverse comment 

on an amendment, paragraph, or section 

of this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the revision that are not the subject 

of the adverse comment. 

VI. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it approves a state rule 

implementing a Federal standard. 


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19806 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Rules and Regulations 

In reviewing State operating permit 

programs submitted pursuant to Title V 

of the Clean Air Act, EPA will approve 

State programs provided that they meet 

the requirements of the Clean Air Act 

and EPA’s regulations codified at 40 

CFR part 70. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a State operating permit 

program for failure to use VCS. It would 

thus be inconsistent with applicable law 

for EPA, when it reviews an operating 

permit program, to use VCS in place of 

a State program that otherwise satisfies 

the provisions of the Clean Air Act. 

Thus, the requirements of section 12(d) 

of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

List of Subjects in 40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Operating permits, Reporting 

and recordkeeping requirements. 

Dated: April 4, 2007. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

■ 40 CFR part 70, chapter 1, title 40 of 

the Code of Federal Regulations is 

amended as follows: 

PART 70—[AMENDED] 

■ 1. The authority citation for part 70 

continues to read as follows: 

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

■ 2. Appendix A to part 70 is amended 

by adding paragraph (c) under Hawaii to 

read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Hawaii 

* * * * * 

(c) Department of Health: Program 

revisions submitted on November 14, 2003; 

submittal corrects the deficiency outlined in 

an April 1, 2002 Notice of Deficiency. These 

revisions are hereby granted full approval 

effective June 19, 2007. 

* * * * * 

[FR Doc. E7–7550 Filed 4–19–07; 8:45 am] 

BILLING CODE 6560–50–P 


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