6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0213; FRL-____]

Revision to the Hawaii State Implementation Plan, Minor New 

Source Review Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final Rule.

SUMMARY: The Environmental Protection Agency (EPA) is taking 

direct final action to approve revisions to the Hawaii State 

Implementation Plan (SIP). These revisions would update and 

replace the minor new source review rules that EPA approved into 

the Hawaii SIP in 1983.

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-

OAR-2012-0213, by one of the following methods: 

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

the on-line instructions.

2. E-mail: r9airpermits@epa.gov.
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3. Mail or deliver: Gerardo Rios (Air-3), 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. 

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 EPA generally lists the documents in the docket in the 

index, some information may not be specifically listed as a line 
3

item in the index or may be publicly available only at the hard 

copy location (e.g., voluminous records, 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. The hard copy 

materials constitute the docket.

FOR FURTHER INFORMATION CONTACT: Geoffrey Glass, EPA Region IX, 

(415) 972-3534, glass.geoffrey@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. What rules are being removed from the SIP?

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?

C. Public comment and final action.

III. Statutory and Executive Order Reviews

I. The State’s Submittal

A. What rules did the State submit?
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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

Local 

Agency

Rule # Rule Title Revised Submitted

HDOH 11-60.1-3 General conditions 

for considering 

applications

11/14/03 12/14/11

HDOH 11-60.1-5 Permit conditions 11/14/03 12/14/11

HDOH 11-60.1-7 Transfer of permit 11/14/03 12/14/11

HDOH 11-60.1-12 Air quality models 11/14/03 12/14/11

HDOH 11-60.1-19 Penalties and 

remedies

11/14/03 12/14/11

HDOH 11-60.1-81 Definitions 11/14/03 12/14/11

HDOH 11-60.1-82 Applicability 11/14/03 12/14/11

HDOH 11-60.1-83 Initial covered 

source permit 

application

11/14/03 12/14/11

HDOH 11-60.1-84 Duty to supplement 

or correct permit 

applications

11/14/03 12/14/11

HDOH 11-60.1-91 Temporary covered 

source permits

11/14/03 12/14/11

HDOH 11-60.1-92 Covered source 

general permits

11/14/03 12/14/11

HDOH 11-60.1-93 Federallyenforceable permit 

terms and conditions

11/14/03 12/14/11

HDOH 11-60.1-99 Public participation 11/14/03 12/14/11

HDOH 11-60.1-103 Applications for 

minor modifications

11/14/03 12/14/11

HDOH 11-60.1-104 Applications for 

significant 

modifications

11/14/03 12/14/11
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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. 

B. What rules are being removed from the SIP?

Table 2 lists rules that we had previously approved into 

the SIP with the date of adoption by HDOH and the date of 

publication in the Federal Register. These rules are superseded 

by the rules listed in Table 1.

Table 2 - Deleted Rules

Local 

Agency

Rule # Rule Title Adopted Published

HDOH 11-60-02 Permit system, 

applicability

11/29/82 8/18/83

HDOH 11-60-03 Permit system, 

applications

11/29/82 8/18/83

HDOH 11-60-04 Permit system, 

conditions for 

considering 

applications

11/29/82 8/18/83

HDOH 11-60-05 Permit system, 

action on 

applications

11/29/82 8/18/83

HDOH 11-60-07 Permit system, 

cancellation of 

authority to 

construct

11/29/82 8/18/83

HDOH 11-60-08 Permit system, 

suspension or 

revocation of permit 

to operate

11/29/82 8/18/83

HDOH 11-60-09 Permit system,

transfer of permit 

to operate

11/29/82 8/18/83
6

Local 

Agency

Rule # Rule Title Adopted Published

HDOH 11-60-11 Permit system, 

posting of permit to 

operate

11/29/82 8/18/83

HDOH 11-60-12 Permit system, fees 11/29/82 8/18/83

HDOH 11-60-13 Permit system, fee 

schedule for a 

permit to operate

11/29/82 8/18/83

HDOH 11-60-14 Permit system, 

period of permit

11/29/82 8/18/83

HDOH 11-60-37 Penalties & remedies 11/29/82 8/18/83

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

Section 110(a)(2)(C) of the Clean Air Act as amended in 

1990 (CAA or the Act) requires States to include in their SIPs 

programs that regulate the construction and modification of 

stationary sources adequate to ensure that the national ambient 

air quality standards are achieved. The purpose of these 

revisions is to fulfill this requirement of the CAA as it 

applies to minor stationary sources and minor modifications made 

to major stationary sources.

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)). 

Specifically, EPA evaluates minor new source review 

programs included as a SIP submittal based on the criteria in 
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subpart I of 40 CFR 51, excluding 40 CFR 51.165 and 50.166,

which relate to review of new major sources and major 

modifications under part C or D of title I of the CAA.

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

and meet the criteria in subpart I of 40 CFR 51 sections 160-

164. The technical support document 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 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 
8

date of publication in the Federal Register]. This will 

incorporate these rules into the federally enforceable SIP for 

Hawaii.

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:

• 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.);
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• 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

• 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).
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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 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 
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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, New source 

review, Reporting and recordkeeping requirements.

____3-20-2012____________ ____/signed by/________

Dated: Jared Blumenfeld,

Regional Administrator,

Region IX.
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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 twelve existing entries under the 

category for Title 11, Chapter 60: 11-60-2, 11-60-3, 11-60-4, 

11-60-5, 11-60-7, 11-60-8, 11-60-9, 11-60-11, 11-60-12, 11-60-

13, 11-60-14, and 11-60-37.

b. Adding the following fifteen new entries in numerical order 

under the category for Chapter 60.1: sections 11-60.1-3, 11-

60.1-5, 11-60.1-7, 11-60.1-12, 11-60.1-19, 11-60.1-81, 11-60.1-

82, 11-60.1-83, 11-60.1-84, 11-60.1-91, 11-60.1-92, 11-60.1-93, 

11-60.1-99, 11-60.1-103, and 11-60.1-104.

The amendments to paragraph(c) 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

* * * * * * *
13

Department 

of Health, 

Title 11, 

Chapter 

60.1, Air 

Pollution 

Control 

Hawaii Administrative Rules 

* * * * * * *

11-60.1-3 General 

conditions 

for 

considering 

applications

[Insert 

Federal 

Register 

publication 

date] [Insert 

page number 

where the 

document 

begins]

Supersedes 

11-60-04,

11-60-11,

11-60-13,

11-60-14

* * * * * * *

11-60.1-5 Permit 

conditions

[Insert 

Federal 

Register 

publication 

date] [Insert 

page number 

where the 

document 

begins]

New 

regulation

11-60.1-7 Transfer of 

permit

[Insert 

Federal 

Register 

publication 

date] [Insert 

page number 

where the 

document 

begins]

Supersedes 

11-60-09

* * * * * * *

11-60.1-12 Air quality 

models

[Insert 

Federal 

Register 

publication 

date] 

[Insert 

page number 

where the 

document 

begins]

New 

regulation
14

* * * * * * *

11-60.1-19 Penalties and 

remedies

[Insert 

Federal 

Register 

publication 

date] 

[Insert 

page number 

where the 

document 

begins]

Supersedes

11-60-37

* * * * * * * 

11-60.1-81 Definitions [Insert 

Federal 

Register 

publication 

date] [Insert 

page number 

where the 

document 

begins]

New 

regulation

11-60.1-82 Applicability [Insert 

Federal 

Register 

publication 

date] [Insert 

page number 

where the 

document 

begins]

Supersedes 

11-60-02

11-60.1-83 Initial 

covered 

source permit 

application

[Insert 

Federal 

Register 

publication 

date] [Insert 

page number 

where the 

document 

begins]

Supersedes 

11-60-03, 

11-60-05,

11-60-07, 

11-60-08, 

11-60-12

11-60.1-84 Duty to 

supplement or 

correct 

permit 

applications

[Insert 

Federal 

Register 

publication 

date] [Insert 

page number 

where the 

document 

New 

regulation
15

begins]

11-60.1-91 Temporary 

covered 

source 

permits

[Insert 

Federal 

Register 

publication 

date] [Insert 

page number 

where the 

document 

begins]

New 

regulation

11-60.1-92 Covered 

source 

general 

permits

[Insert 

Federal 

Register 

publication 

date] [Insert 

page number 

where the 

document 

begins]

New 

regulation

11-60.1-93 Federallyenforceable 

permit terms 

and 

conditions

[Insert 

Federal 

Register 

publication 

date] [Insert 

page number 

where the 

document 

begins]

New 

regulation

11-60.1-99 Public 

participation

[Insert 

Federal 

Register 

publication 

date] [Insert 

page number 

where the 

document 

begins]

New 

regulation

11-60.1-103 Applications 

for minor 

modifications

[Insert 

Federal 

Register 

publication 

date] [Insert 

page number 

where the 

document 

begins]

New 

regulation

11-60.1-104 Applications [Insert New 
16

for 

significant 

modifications

Federal 

Register 

publication 

date] [Insert 

page number 

where the 

document 

begins]

regulation

* * * * *