Rule2021-27556
Air Plan Approval; Hawaii; Interstate Transport for the 2015 Ozone NAAQS
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 27, 2021
Effective
January 26, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision from the State of Hawaii addressing requirements in the Clean Air Act (CAA or "Act") regarding interstate transport for the 2015 ozone national ambient air quality standards (NAAQS). Hawaii submitted a SIP revision on November 12, 2019, addressing the CAA provision prohibiting any source or other type of emissions activity in one state from emitting any air pollutant in amounts that will contribute significantly to nonattainment or interfere with maintenance of the NAAQS in any other state (the "good neighbor" provision). The EPA is finalizing approval of Hawaii's good neighbor SIP revision for the 2015 ozone NAAQS.
Full Text
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<title>Federal Register, Volume 86 Issue 245 (Monday, December 27, 2021)</title>
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[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Rules and Regulations]
[Pages 73129-73131]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27556]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0567; FRL-9001-02-R9]
Air Plan Approval; Hawaii; Interstate Transport for the 2015
Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision from the State of Hawaii addressing
requirements in the Clean Air Act (CAA or ``Act'') regarding interstate
transport for the 2015 ozone national ambient air quality standards
(NAAQS). Hawaii submitted a SIP revision on November 12, 2019,
addressing the CAA provision prohibiting any source or other type of
emissions activity in one state from emitting any air pollutant in
amounts that will contribute significantly to nonattainment or
interfere with maintenance of the NAAQS in any other state (the ``good
neighbor'' provision). The EPA is finalizing approval of Hawaii's good
neighbor SIP revision for the 2015 ozone NAAQS.
DATES: This rule is effective on January 26, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0567. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Thomas Kelly, Air Planning Office
(AIR-2), EPA Region IX, (415) 972-3856, <a href="/cdn-cgi/l/email-protection#cea5aba2a2b7e0baa6a1a3afbdbe8eabbeafe0a9a1b8"><span class="__cf_email__" data-cfemail="bbd0ded7d7c295cfd3d4d6dac8cbfbdecbda95dcd4cd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On September 28, 2021, the EPA published a notice of proposed
rulemaking (NPRM or ``proposed rule'') for the State of Hawaii.\1\ We
proposed approval of the Hawaii SIP revision that addresses the CAA
requirement prohibiting emissions from one state in amounts which
significantly contribute to nonattainment or interfere with maintenance
of the 2015 ozone NAAQS in any other state. The Hawaii Department of
Health (HDOH) submitted its good neighbor SIP revision for the 2015
ozone NAAQS by letter dated November 12, 2019.\2\
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\1\ 86 FR 53571.
\2\ Letter dated November 12, 2019, from Bruce Anderson, Ph.D.,
Director of Health, HDOH, to Mike Stoker, Regional Administrator,
U.S. EPA, Region IX.
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We proposed to find that Hawaii would not significantly contribute
to nonattainment or interfere with maintenance of the 2015 ozone NAAQS
in any other state. The rationale for EPA's proposed rule is provided
in the NPRM.
II. Public Comments
Our September 28, 2021 proposed rule provided a 30-day public
comment period that closed on October 28, 2021. We received no adverse
comments. One anonymous commenter supported the proposed action.
III. Final Action
The EPA is approving, as a revision to the Hawaii SIP, HDOH's good
neighbor SIP revision submitted on November 12, 2019. This revision is
approved as meeting CAA section 110(a)(2)(D)(i)(I) requirements that
emissions from each state do not contribute to nonattainment or
interfere with maintenance of the 2015 ozone NAAQS in any other state.
IV. 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this final rule merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those
[[Page 73130]]
imposed by state law. For that reason, this final rule:
<bullet> Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> Does not provide the 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
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. The 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 February 25, 2022. 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. 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, Infrastructure SIP, Interstate transport, Nitrogen oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 15, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C 7401 et seq.
Subpart M--Hawaii
0
2. In Sec. 52.620, amend the table in paragraph (e) by adding an entry
for ``Hawaii State Implementation Plan Revision to address CAA
110(a)(2)(D)(i)(I) for the 2015 Ozone National Ambient Air Quality
Standards'' immediately after the entry for ``Hawaii State
Implementation Plan Revision to Address CAA Section 110(a)(2)(D)(i)(l)
for the 2008 Ozone National Ambient Air Quality Standard, excluding
Attachment 3'' to read as follows:
Sec. 52.620 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Hawaii Nonregulatory and Quasi-Regulatory Measures
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Applicable geographic
Name of SIP provision or nonattainment area State submittal date EPA approval date Explanation
or title/subject
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State of Hawaii Air Pollution Control Implementation Plans for Nitrogen Dioxide, Ozone, PM, and Lead
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* * * * * * *
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Hawaii State Implementation Plan Statewide............ November 12, 2019....... December 27, 2021, [Insert Federal Approved SIP revision
Revision to address CAA Register citation]. excludes Attachment 2
110(a)(2)(D)(i)(I) for the 2015 (``Summary of Public
Ozone National Ambient Air Participation
Quality Standards. Proceedings'').
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[[Page 73131]]
[FR Doc. 2021-27556 Filed 12-23-21; 8:45 am]
BILLING CODE 6560-50-P
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