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EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Hawaii SIP

The following document tables contain EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Hawaii State Implementation Plan (SIP). EPA's Pacific Southwest Office maintains these tables and will update them to reflect any changes the official tables codified in the Code of Federal Regulations.

EPA Approved Hawaii Nonregulatory Provisions and Quasi-Regulatory Measures

Name of SIP Provision Applicable Geographic or Nonattainment Area State Submittal Date EPA Approval Date Explanation
State of Hawaii Air Pollution Control Strategy Plan
Section I—Introduction State-Wide 01/28/72 05/31/72
37 FR 10842
 
Sections V and VI
Section V—Air Quality Data Summary State-Wide 08/15/73 06/25/74
39 FR 22946
 
Section VI—Emission Inventory Summary State-Wide 08/15/73 06/25/74
39 FR 22946
 
Section VII—Control Strategy Development
Subsection 1. Particulate Matter State-Wide 04/25/74 03/02/76
41 FR 8956
Excluding subsection entitled, "Control Strategy to Meet State Standards." See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623.
PM10 Control Measures/NSR Procedures State-Wide 09/14/88 07/09/04, 69 FR 41431  
Subsection 2. Sulfur Oxides State-Wide 01/28/72 05/31/72
37 FR 10842
Excluding subsection entitled, "Control Strategy to Meet State Standards." See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623.
Subsection 3. Carbon Monoxide State-Wide 01/28/72 05/31/72
37 FR 10842
Excluding subsection entitled, "Control Strategy to Meet State Standards." See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623.
Subsection 4. Nitrogen Dioxide State-Wide 01/28/72 05/31/72
37 FR 10842
Excluding subsection entitled, "Control Strategy to Meet State Standards." See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623.
Subsection 5. Photochemical Oxidants State-Wide 01/28/72 05/31/72
37 FR 10842
Excluding subsection entitled, "Control Strategy to Meet State Standards." See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623.
Sections VIII through XI
Section VIII—Prevention of Emergency Episodes State-Wide 01/28/72 05/31/72
37 FR 10842
Excluding subsection entitled, "State Plan." See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623.
Section IX—Compliance Schedule State-Wide 01/28/72 05/31/72
37 FR 10842
 
Section X—Source Surveillance System State-Wide 01/28/72 05/31/72
37 FR 10842
 
Section XI—Permit and Registration System State-Wide 01/28/72 05/31/72
37 FR 10842
 
Section XII—Air Quality Surveillance Network:
Section XII—Air Quality Surveillance Network State-Wide 08/21/80 08/10/81
46 FR 40512
 
Air Quality Surveillance Network, SIP Amendment—PM10 State-Wide 09/14/88 07/09/04, 69 FR 41431  
Sections XIII and XIV
Section XIII—Intergovernmental Cooperation State-Wide 01/28/72 05/31/72
37 FR 10842
 
Section XIV—Resources State-Wide 01/28/72 05/31/72
37 FR 10842
 
State of Hawaii Air Pollution Control Implementation Plans for Nitrogen Dioxide, Ozone, PM2.5, and Lead
State of Hawaii Air Pollution Control Implementation Plan for Lead State-Wide 10/29/82 8/18/83
48 FR 37402
Excluding section II ("Notice of Public Hearing"); Hawaii Statute on Environmental Quality, Chapter 342, Hawaii Revised Statutes, section 342-7 (see 74 FR 11037 (March 16, 2009); and section IV ("Control Regulations"). The statutory provisions in Section III ("Legal Authority") superseded statutory provisions approved at 37 FR 10842 (May 31, 1972) and at 38 FR 30876 (November 8, 1973) and were, with few exceptions, superseded by approval of more recent statutory provisions at 77 FR 47530 (August 9, 2012). Statutory provisions that remain in the current applicable SIP are listed separately in the table in paragraph (e).
State Implementation Plan Revision, Clean Air Act Section 110(a)(2), 1997 Ozone National Ambient Air Quality Standard and 1997 and 2006 PM2.5 National Ambient Air Quality Standards State-Wide 12/14/11 8/9/12
77 FR 47530
Approval excludes appendix A ("Hawaii Revised Statutes, Chapter 84, Standards of Conduct, Chapter 342B, Air Pollution Control"), appendix B, ("Hawaii Administrative Rules, Title 11, Chapter 60.1, Air Pollution Control"), appendix D ("SIP Public Comment Proceedings"), and appendix E ("Public Proceedings for Hawaii Administrative Rules, Chapter 11-60.1"). Approved statutory provisions included in appendix A are listed separately in the table in paragraph (e). In separate rulemakings, EPA has taken action to approve certain regulations included in appendix B. Approved regulations are listed separately in the table in paragraph (c).
Hawaii State Implementation Plan Revision for 2008 Lead National Ambient Air Quality Standard, Clean Air Act Section 110(a)(1) & (2), excluding attachment 6, and appendices A, B, C, F State-Wide 2/13/13 4/7/2014
79 FR 19012
Approved SIP revision excludes attachment 6 ("Summary of Public Participation Proceedings"), appendix A ("Hawaii Revised Statutes Chapter 342A, Air Pollution Control"), appendix B ("Hawaii Revised Statutes Chapter 84, Standards of Conduct"), appendix C ("Hawaii Administrative Rules Chapter 11-60.1, Air Pollution Control"), and appendix F ("Approval and Public Participation Proceedings from the Most Recent Amendment and Public Comment for HAR 11-60.1-90: September 15, 2001 version"). The statutory provisions in appendices A and B were previously approved and are listed separately in the table under paragraph (e). EPA-approved regulations contained in appendix C are listed separately in the table under paragraph (c). This action addresses the following CAA elements or portions thereof for the 2008 Pb NAAQS: 110(a)(2)(A), (B), (C), (D)(i)(I), (E), (F), (G), (H), (J), (K), (L), and (M).
Hawaii State Implementation Plan Revision, National Ambient Air Quality Standards for 2008 Ozone and 2010 Nitrogen Dioxide, Clean Air Act Section 110(a)(1) & (2), excluding attachment 3, and appendices A, B, and C State-Wide 4/4/14 8/21/14
79 FR 49454
Approved SIP revision excludes attachment 3 ("Summary of Public Participation Proceedings"), appendix A ("Hawaii Revised Statutes, Title 19, Health, Chapter 342B, Air Pollution Control Sections 4 and 5"); appendix B ("Hawaii Administrative Rules, Title 11, Department of Health, Chapter 11-60.1, Air Pollution Control, Section 31;), appendix C ("Approvals & Public Participation Proceedings for HAR §11-60.1-31: November 26, 1993 version"). The statutory provisions in appendix A are listed separately in the table under paragraph (e). The regulations in appendix B are listed separately in the table under paragraph (c). This action addresses the following CAA elements or portions thereof for the 2008 Ozone and 2010 Nitrogen Dioxide NAAQS: 110(a)(2)(A), (B), (C), (E), (F), (G), (H), (J), (K), (L), and (M).
Hawaii Revised Statutes, Division 1 (Government), Title 7 (Public officers and employees), Chapter 84 (Standards of Conduct)
84-1 Construction 12/14/11 8/9/12
77 FR 47530
Laws 1972, Act 163, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
84-2 Applicability 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1979, Act 91, §3. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
84-3 Definitions 12/14/11 8/9/12
77 FR 47530
Law as amended through 1984. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
84-11 Gifts 12/14/11 8/9/12
77 FR 47530
Law as amended through 1984. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
84-11.5 Reporting of gifts 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 322, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
84-12 Confidential Information 12/14/11 8/9/12
77 FR 47530
Law as amended through 1984. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
84-14 Conflicts of Interests 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1978, Act 245, §2. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
84-17 Requirements of Disclosure 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 2007, Act 9, §4. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342-14 Technical Defect 10/29/82 8/18/83
48 FR 37402
Laws 1972, Act 100, pt of §1. Included in Section III ("Legal Authority") in the State of Hawaii Air Pollution Control Implementation Plan for Lead.
342-18 Other powers of department not affected 10/29/82 8/18/83
48 FR 37402
Laws 1972, Act 100, pt of §1. Included in Section III ("Legal Authority") in the State of Hawaii Air Pollution Control Implementation Plan for Lead.
342-19 Effect of laws, ordinances, rules, and regulations 10/29/82 8/18/83
48 FR 37402
Most recently amended in Laws 1977, Act 115, §6. Included in Section III ("Legal Authority") in the State of Hawaii Air Pollution Control Implementation Plan for Lead.
Hawaii Revised Statutes, Division 1 (Government), Title 19 (Health), Chapter 342B (Air Pollution Control)
342B-1 Definitions 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1993, Act 208, §§2, 11. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-2 Administration 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-3 General functions, duties, and powers of the director 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 2000, Act 253, §150. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-4 Other powers of department and director not affected 4/4/14 8/21/14
79 FR 49454
Most recently amended in Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii State Implementation Plan Revision, National Ambient Air Quality Standards for 2008 Ozone and 2010 Nitrogen Dioxide, Clean Air Act Section 110(a)(1) & (2).
342B-5 Effect of laws, ordinances, and rules 4/4/14 8/21/14
79 FR 49454
Most recently amended in Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii State Implementation Plan Revision, National Ambient Air Quality Standards for 2008 Ozone and 2010 Nitrogen Dioxide, Clean Air Act Section 110(a)(1) & (2).
342B-7 Annual reports 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1993, Act 208, §3. Most recently amended in Laws 1993, c 208, §3. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-11 Prohibition 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-12 Specific powers of the director 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1994, Act 268, §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-13 Public participation 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 2000, Act 150, §2. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-15 Complaints; hearings; appointment of masters 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-16 Research, educational, and training programs 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-17 Air quality modelers 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 2000, Act 253, §150. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-21 Specific functions, duties, and powers of the director 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1994, Act 268, §2. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-22 Permit and permit renewal; requirements 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-23 Application for permit 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-24 Action on a permit application 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1993, Act 208, §5. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-25 Approval of permit 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-26 General and temporary permits; single permit 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1993, Act 208, §6. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-27 Other permit action 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-28 Recordkeeping and monitoring requirements 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-29 Fees 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 2009, Act 42, §2. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-30 Judicial review 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-31 Government records; confidential information 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-32 Clean air special fund 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-33 Minimum permit conditions 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1994, Act 268, §3. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-34 Exceptions 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-41 Inspection of premises 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-42 Enforcement 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1995, Act 180, §2. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-43 Emergency powers; procedures 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1995, Act 201, §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-44 Injunctive and other relief 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1995, Act 180, §3. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-45 Citation 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1997, Act 27, §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-46 Appeal 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-47 Civil penalties 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1993, Act 208, §8. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-48 Administrative penalties 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1994, Act 268, §4. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-49 Criminal penalties 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1993, Act 208, §9. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-50 Disposition of collected fines and penalties 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-51 Enforcement by state and county authorities 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-52 Nonliability of department personnel 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-53 Other action not barred 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-54 Priority in courts 12/14/11 8/9/12
77 FR 47530
Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.
342B-55 Consent orders; settlement agreements 12/14/11 8/9/12
77 FR 47530
Most recently amended in Laws 1993, Act 208, §10. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM2.5 national ambient air quality standards.

[70 FR 44854, Aug. 4, 2005; 70 FR 49377, Aug. 23, 2005, as amended at 74 FR 11040, Mar. 16, 2009; 74 FR 27710, June 11, 2009; 74 FR 36119, July 22, 2009; 77 FR 24150, Apr. 23, 2012; 77 FR 25086, Apr. 27, 2012; 77 FR 47533, Aug. 9, 2012; 78 FR 11985, Feb. 21, 2013; 79 FR 17870, Mar. 31, 2014; 79 FR 19013, Apr. 7, 2014; 79 FR 49456, Aug. 21, 2014]