36118 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations 

9.0 Refunds and Exchanges 

* * * * * 

9.2 Postage and Fee Refunds 

* * * * * 

9.2.4 Full Refund 

A full refund (100%) may be made 

when: 

* * * * * 

[Revise item l to read as follows:] 

l. Express Mail is not delivered 

according to the applicable service 

standard, except as provided in 114.3.1 

and 414.3.0. * * * 

* * * * * 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. E9–17124 Filed 7–21–09; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[HI–126–NBK; FRL–8916–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Hawaii; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: EPA is updating the materials 

submitted by the State of Hawaii that 

are incorporated by reference (IBR) into 

the State Implementation Plan (SIP). 

The regulations affected by this update 

have been previously submitted by the 

State of Hawaii and approved by EPA. 

This update affects the SIP materials 

that are available for public inspection 

at the National Archives and Records 

Administration (NARA), the Air and 

Radiation Docket and Information 

Center located EPA Headquarters in 

Washington, DC, and the Regional 

Office. 

DATES: Effective Date: This action is 

effective July 22, 2009. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations and online at 

EPA Region IX Web site: 

Air Division, Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street San Francisco, CA 94105–3901. 

Air and Radiation Docket and 

Information Center, U.S. 

Environmental Protection Agency, 

Headquarters Library, Room Number 

3334, EPA West Building, 1301 

Constitution Ave., NW., Washington, 

DC 20460. 

Office of the Federal Register, 800 North 

Capitol Street, NW., Suite 700, 

Washington, DC. 

If you wish to obtain materials from 

a docket in the EPA Headquarters 

Library, please call the Office of Air and 

Radiation (OAR) Docket/Telephone 

number: (202) 566–1742; or the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030, or go to: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia G. Allen, (415) 947–4120 or by 

e-mail at allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

the State revises as necessary to address 

the unique air pollution problems. 

Therefore, EPA from time to time must 

take action on SIP revisions containing 

new and/or revised regulations to make 

them part of the SIP. On May 22, 1997 

(62 FR 27968), EPA revised the 

procedures for incorporating by 

reference federally-approved SIPs, as a 

result of consultations between EPA and 

the Office of the Federal Register (OFR). 

The description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997 Federal Register document. On 

August 4, 2005 (70 FR 44852), as 

corrected on August 23, 2005 (70 FR 

49377), EPA published a document in 

the Federal Register beginning the new 

IBR procedure for the State of Hawaii. 

Today’s action is an update to the 

August 4, 2005 document. 

II. EPA Action 

In this document, EPA is doing the 

following: 

A. Announcing an update to the IBR 

material as of May 1, 2009; and 

B. Revising the entries in paragraphs 

52.620(b) and (c) to reflect this update. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation, and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Likewise, 

there is no purpose served by delaying 

the effective date of this action. 

Immediate notice in the CFR benefits 

the public by removing outdated 

citations and incorrect chart entries. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore 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). Because the agency has made 

a ‘‘good cause’’ finding that this action 

is not subject to notice-and-comment 

requirements under the Administrative 

Procedure Act or any other statute as 

indicated in the SUPPLEMENTARY

INFORMATION section above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. 

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 rule also is not 

subject to Executive Order 13045, 

‘‘Protection of Children from 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations 36119 

Environmental Health Risks and Safety 

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

because it is not an economically 

significant regulatory action based on 

health or safety risks. 

This rule does not involve technical 

standards, 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. The rule also does not involve 

special consideration of environmental 

justice related issues as required by 

Executive Order 12898 (59 FR 7629, 

February 16, 1994). This rule does not 

impose an information collection 

burden under the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

EPA’s compliance with these statutes 

and Executive Orders for the underlying 

rules is discussed in previous actions 

taken on the State’s rules. 

B. Submission to Congress and the 

Comptroller General 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. Today’s action simply 

reformats the codification of provisions 

which are already in effect as a matter 

of law. 5 U.S.C. 808(2). As stated 

previously, EPA has made such a good 

cause finding, including the reasons 

therefore, and established an effective 

date of [July 22, 2009]. 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. This update to the 

Identification of plan for Hawaii is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

Clean Air Act pertaining to petitions for 

judicial review are not applicable to this 

action. Prior EPA rulemaking actions for 

each individual component of the 

Hawaii SIP compilation had previously 

afforded interested parties the 

opportunity to file a petition for judicial 

review in the United States Court of 

Appeals for the appropriate circuit 

within 60 days of such rulemaking 

action. Thus, EPA sees no need in this 

action to reopen the 60-day period for 

filing such petitions for judicial review 

for this ‘‘Identification of plan’’ 

reorganization update action for the 

State of Hawaii. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: May 25, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ 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—State of Hawaii 

■ 2. Section 52.620 is amended by 

revising paragraphs (b) and (c) to read 

as follows: 

§ 52.620 Identification of plan. 

* * * * * 

(b) Incorporation by reference. (1) 

Material listed as incorporated by 

reference in paragraphs (c) and (d) of 

this section with an EPA approval date 

prior to May 1, 2009, was approved for 

incorporation by reference by the 

Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. Material is incorporated as 

it exists on the date of the approval, and 

notice of any change in the material will 

be published in the Federal Register. 

Entries in paragraphs (c) and (d) of this 

section with EPA approval dates on or 

after May 1, 2009 will be incorporated 

by reference in the next update to the 

SIP compilation. 

(2) EPA Region IX certifies that the 

rules and regulations provided by EPA 

in the SIP compilation at the addresses 

in paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated State rules/regulations 

which have been approved as part of the 

State implementation plan as of May 1, 

2009. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the EPA Region IX Office 

at 75 Hawthorne Street, San Francisco, 

CA 94105; the Air and Radiation Docket 

and Information Center, U.S. 

Environmental Protection Agency, 

Room 3334, EPA West Building, 1301 

Constitution Avenue, NW., Washington, 

DC; or the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(c) EPA approved regulations. 

EPA-APPROVED STATE OF HAWAII REGULATIONS

State citation Title/subject Effective 

date EPA approval date Explanation 

Department of Health, Public Health Regulations, Chapter 43, Air Pollution Control 

Regulations: 

Section 22 ............................................. Hearings and Appeals ......... 12/26/1972 05/14/1973, 38 FR 12711 .... See also 74 FR 

11037 

(March 16, 2009). 

Section 23 ............................................. Application ............................ 03/28/1972 05/31/1972, 37 FR 10842 .... See also 74 FR 

11037 

(March 16, 2009). 

Department of Health, Title 11, Chapter 60, 

Air Pollution Control Regulations: 

11–60–1 ................................................. Definitions ............................ 11/29/1982 08/18/1983, 48 FR 37403.


jlentini on DSKJ8SOYB1PROD with RULES
36120 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Rules and Regulations 

EPA-APPROVED STATE OF HAWAII REGULATIONS—Continued 

State citation Title/subject Effective 

date EPA approval date Explanation 

11–60–2 ................................................. Permit system, applicability .. 11/29/1982 08/18/1983, 48 FR 37403.

11–60–3 ................................................. Permit system, applications 11/29/1982 08/18/1983, 48 FR 37403.

11–60–4 ................................................. Permit system, conditions for 

considering applications.

11/29/1982 08/18/1983, 48 FR 37403.

11–60–5 ................................................. Permit system, action on applications.11/29/1982 08/18/1983, 48 FR 37403.

11–60–6 ................................................. Permit system, performance 

testing.

11/29/1982 08/18/1983, 48 FR 37403.

11–60–7 ................................................. Permit system, cancellation 

of authority to construct.

11/29/1982 08/18/1983, 48 FR 37403.

11–60–8 ................................................. Permit system, suspension 

or revocation of permit to 

operate.

11/29/1982 08/18/1983, 48 FR 37403.

11–60–9 ................................................. Permit system, transfer of 

permit to operate.

11/29/1982 08/18/1983, 48 FR 37403.

11–60–10 ............................................... Permit system, reporting discontinuance or dismantlement.11/29/1982 08/18/1983, 48 FR 37403.

11–60–11 ............................................... Permit system, posting of 

permit to operate.

11/29/1982 08/18/1983, 48 FR 37403.

11–60–12 ............................................... Permit system, fees ............. 11/29/1982 08/18/1983, 48 FR 37403.

11–60–13 ............................................... Permit system, fee schedule 

for a permit to operate.

11/29/1982 08/18/1983, 48 FR 37403.

11–60–14 ............................................... Permit system, period of permit.11/29/1982 08/18/1983, 48 FR 37403.

11–60–15 ............................................... Sampling, testing, and reporting methods.11/29/1982 08/18/1983, 48 FR 37403.

11–60–16 ............................................... Malfunction of equipment reporting.11/29/1982 08/18/1983, 48 FR 37403.

11–60–17 ............................................... Prohibition of air pollution .... 11/29/1982 08/18/1983, 48 FR 37403.

11–60–18 ............................................... Control of open burning ....... 11/29/1982 08/18/1983, 48 FR 37403.

11–60–19 ............................................... Agricultural burning, permit 

requirement.

11/29/1982 08/18/1983, 48 FR 37403.

11–60–20 ............................................... Agricultural burning, applications.11/29/1982 08/18/1983, 48 FR 37403.

11–60–21 ............................................... Agricultural burning, ‘‘no 

burn’’ days.

11/29/1982 08/18/1983, 48 FR 37403.

11–60–22 ............................................... Agricultural burning, record 

keeping and monitoring.

11/29/1982 08/18/1983, 48 FR 37403.

11–60–23 ............................................... Agricultural burning, action 

on applications.

11/29/1982 08/18/1983, 48 FR 37403.

11–60–24 ............................................... Visible emissions ................. 11/29/1982 08/18/1983, 48 FR 37403.

11–60–25 ............................................... Control of motor vehicles ..... 11/29/1982 08/18/1983, 48 FR 37403.

11–60–26 ............................................... Fugitive dust ......................... 11/29/1982 08/18/1983, 48 FR 37403.

11–60–27 ............................................... Incineration ........................... 11/29/1982 08/18/1983, 48 FR 37403.

11–60–28 ............................................... Bagasse-burning boilers ...... 11/29/1982 08/18/1983, 48 FR 37403.

11–60–29 ............................................... Process industries ................ 11/29/1982 08/18/1983, 48 FR 37403.

11–60–35 ............................................... Prevention of air pollution 

emergency episodes.

11/29/1982 08/18/1983, 48 FR 37403.

11–60–37 ............................................... Penalties and remedies ....... 11/29/1982 08/18/1983, 48 FR 37403.

11–60–38 ............................................... Severability ........................... 11/29/1982 08/18/1983, 48 FR 37403.

* * * * * 

[FR Doc. E9–17261 Filed 7–21–09; 8:45 am] 

BILLING CODE 6560–50–P 


jlentini on DSKJ8SOYB1PROD with RULES