Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations 32293 

(d) Enforcement Period. This section 

will be enforced for the duration of each 

event indicated in the table above. If the 

event is cancelled due to inclement 

weather, this section is in effect for the 

day following the scheduled time listed 

in the table above or as indicated in the 

Local Notice to Mariners. Notification of 

events held on a rain date will be made 

by Broadcast Notice to Mariners. 

(e) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. During the enforcement period, 

entry into, transiting through, 

remaining, mooring or anchoring within 

these safety zones is prohibited unless 

authorized by the Captain of the Port or 

his designated representatives. 

(2) These temporary safety zones are 

closed to all vessel traffic, except as may 

be permitted by the Captain of the Port 

or his designated representatives. Vessel 

operators given permission to enter or 

operate in the safety zones must comply 

with all directions given to them by the 

Captain of the Port or his designated 

representatives. Vessels that are granted 

permission to enter or remain within a 

safety zone may be required to be at 

anchor or moored to a waterfront facility 

such that the vessel’s location will not 

interfere with the progress of the event. 

At all times when a vessel has been 

granted permission to enter within a 

safety zone, it shall endeavor to 

maintain at least 50 yards distance from 

any event participant unless otherwise 

directed. 

(3) The ‘‘designated representative’’ is 

any Coast Guard commissioned, warrant 

or petty officer who has been designated 

by the Captain of the Port to act on his 

behalf. The on-scene representative may 

be on a Coast Guard vessel, a state or 

local law enforcement vessel, or other 

designated craft, or may be on shore and 

will communicate with vessels via 

VHF–FM radio or loudhailer. In 

addition, members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of this regulation. 

(4) Vessel operators desiring to enter 

or operate within the safety zones shall 

request permission to do so by 

contacting the Captain of the Port Sector 

Northern New England at 207–767– 

0303, or via VHF Channel 16. 

(5) The Captain of the Port or his 

designated representative may direct the 

delay, cancellation, or relocation of the 

specific area to be regulated within the 

generally described locations listed in 

the EVENTS TABLE above to ensure 

safety and compliance with 

environmental laws. Such changes in 

implementation of the safety zones may 

be required as a result of factors that 

could affect their associated marine 

events such as weather, vessel traffic 

density, spectator activities, participant 

behavior or potential environmental 

impacts. 

Dated: May 19, 2010. 

J. B. McPherson, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Northern New England. 

[FR Doc. 2010–13640 Filed 6–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

Nonduplication; Pension, 

Compensation, and Dependency and 

Indemnity Compensation; Correction 

AGENCY: Department of Veterans Affairs. 

ACTION: Correcting amendment. 

SUMMARY: This document corrects the 

Department of Veterans Affairs (VA) 

regulation that governs nonduplication 

of the payment of benefits to the child 

of a veteran. This correction is required 

in order to amend a cross reference in 

the regulation. No substantive change to 

the content of the regulations is being 

made by this correcting amendment. 

DATES: Effective Date: June 8, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Tracy Wang, Office of Regulation Policy 

and Management (02REG), Department 

of Veterans Affairs, 810 Vermont Ave., 

NW., Washington, DC 20420, (202) 461– 

4936. 

SUPPLEMENTARY INFORMATION: VA 

published a final rule in the Federal 

Register on September 30, 1997, at 62 

FR 51274, amending 38 CFR 3.503, by 

redesignating paragraphs (a) through (j) 

as paragraphs (a)(1) through (a)(10), 

respectively. Therefore, § 3.503(h) 

became § 3.503(a)(8). However, VA 

neglected to amend the cross reference 

to § 3.503(h) in 38 CFR 21.3023 to 

reflect this change. This document 

corrects this error by removing ‘‘See 

§ 3.503(h)’’ and adding the correct 

citation in its place, ‘‘See § 3.503(a)(8)’’. 

List of Subjects in 38 CFR Part 21 

Administrative practice and 

procedure, Armed forces, Civil rights, 

Claims, Colleges and universities, 

Conflict of interests, Education, 

Employment, Grant programs— 

education, Grant programs—veterans, 

Health care, Loan programs—education, 

Loan programs—veterans, Manpower 

training programs, Reporting and 

recordkeeping requirements, Schools, 

Travel and transportation expenses, 

Veterans, Vocational education, 

Vocational rehabilitation. 

William F. Russo, 

Deputy Director, Regulation Policy and 

Management. 

■ For the reasons set out in the 

preamble, VA is correcting 38 CFR Part 

21 as follows: 

PART 21—VOCATIONAL 

REHABILITATION AND EDUCATION 

■ 1. The authority citation for part 21, 

subpart C continues to read as follows: 

Authority: 38 U.S.C. 501(a), 512, 3500– 

3566, and as noted in specific sections. 

§ 21.3023 [Corrected] 

■ 2. In the cross reference to § 21.3023, 

remove ‘‘See § 3.503(h)’’ and add, in its 

place, ‘‘See § 3.503(a)(8)’’. 

[FR Doc. 2010–13615 Filed 6–7–10; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0276; FRL–9139–7] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the South 

Coast Air Quality Management District 

(SCAQMD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern standards for 

continuous emission monitoring 

systems. We are approving local rules 

that regulate the monitoring of 

emissions under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: This rule is effective on August 

9, 2010 without further notice, unless 

EPA receives adverse comments by July 

8, 2010. 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–2010–0276, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 


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32294 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations 

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 http://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 

http://www.regulations.gov or e-mail. 

http://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 email 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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: The index to the docket for 

this action is available electronically at 

http://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: 

Stanley Tong, EPA Region IX, (415) 

947–4122, tong.stanley@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. Are there other versions of these rules? 

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. EPA Recommendations to Further 

Improve the Rules. 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted/amended by the local air 

agency and submitted by the California 

Air Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule 

no. Rule title Adopted/ amended Submitted 

SCAQMD ................................................. 218 Continuous Emission Monitoring .............................................. 05/14/99 07/23/99 

SCAQMD ................................................. 218.1 Continuous Emission Monitoring Performance Specifications 05/14/99 07/23/99 

On January 23, 2000, the submittal for 

SCAQMD Rules 218 and 218.1 was 

deemed by operation of law to meet the 

completeness criteria in 40 CFR part 51 

appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of these 

rules? 

We approved an earlier version of 

Rule 218 into the SIP on July 6, 1982 (47 

FR 29231). The SCAQMD adopted 

revisions to the SIP-approved version on 

May 14, 1999 and CARB submitted 

them to us on July 23, 1999. There is no 

prior version of Rule 218.1. 

C. What is the purpose of the submitted 

rule revisions? 

Oxides of Nitrogen (NOX) help 

produce ground-level ozone, smog and 

particulate matter, which harm human 

health and the environment. Sulfur 

Dioxide (SO2) exposure is associated 

with adverse respiratory effects and can 

contribute to the formation of fine 

particle pollution. Carbon Monoxide 

(CO) contributes to the formation of 

smog and can also harm human health. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

the primary and secondary National 

Ambient Air Quality Standards 

(NAAQS), which includes NOX, SO2

and CO emissions. 

Rule 218 establishes requirements for 

continuous stack emission monitors of 

NOX, SO2, gaseous sulfur compounds, 

and CO. Rule 218 was amended to better 

define specifications and guidelines for 

continuous emission monitoring 

systems (CEMS) to eliminate ambiguity 

in both the administrative and technical 

provisions of the rule. The original SIP 

approved rule was then separated into 

an administrative portion and a 

technical portion. Rule 218 now 

contains the administrative 

requirements for CEMS and covers 

applicability, the application and 

approval process for CEMS, and 

recordkeeping and reporting 

requirements for CEMS. The technical 

requirements for CEMS were updated 

and form the basis for a new rule, Rule 

218.1. 

Rule 218.1 is a new rule and contains 

requirements for the certification of 

CEMS, the performance specifications of 

CEMS, and the operation and 

maintenance of CEMS. 

EPA’s technical support documents 

(TSD) have more information about 

these rules. 

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) and 

193). The SCAQMD regulates an ozone 

nonattainment area and a PM 

nonattainment area (see 40 CFR part 81). 

Guidance and policy documents that 

we use to evaluate enforceability 

requirements consistently include the 

following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

3. 40 CFR 60 Appendix B— 

Performance Specifications 

4. 40 CFR 60 Appendix F—Quality 

Assurance Procedures 

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. The TSD has more 

information on our evaluation. 


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Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations 32295 

C. EPA Recommendations to Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that we recommend for the 

next time SCAQMD modifies Rules 218 

and 218.1. These recommendations are 

to: increase the records retention 

requirement to five years in Rule 218, 

remove the de minimus concentration 

option for the relative accuracy 

performance specifications for NOX and 

CO, and evaluate the ppropriateness of 

the de minimus concentration option for 

the relative accuracy performance 

specifications for SO2 and reduced 

sulfur compounds the next time Rule 

218.1 is amended. 

D. 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 July 8, 2010, 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 August 9, 

2010. This will incorporate these rules 

into the federally enforceable SIP. 

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.); 

• 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 (Pub. L. 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, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Carbon Monoxide, Reporting 

and recordkeeping requirements. 

Dated: April 1, 2010. 

Jared Blumenfeld, 

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 F—California 

■ 2. Section 52.220, is amended by 

adding paragraphs (c)(268) 

(i)(A)(2)and(3)to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(268) * * * 

(i) * * * 

(A) * * * 

(2) Rule 218, ‘‘Continuous Emission 

Monitoring,’’ amended on May 14, 1999. 

(3) Rule 218.1, ‘‘Continuous Emission 

Monitoring Performance Specification,’’ 

adopted on May 14, 1999. 

* * * * * 

[FR Doc. 2010–13681 Filed 6–7–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 141 

[EPA–HQ–OW–2010–0288; FRL–9160–1] 

Expedited Approval of Alternative Test 

Procedures for the Analysis of 

Contaminants Under the Safe Drinking 

Water Act; Analysis and Sampling 

Procedures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action announces the 

Environmental Protection Agency’s 

(EPA’s) approval of alternative testing 

methods for use in measuring the levels 

of contaminants in drinking water and 

determining compliance with national 

primary drinking water regulations. The 

Safe Drinking Water Act (SDWA) 

authorizes EPA to approve the use of 

alternative testing methods through 

publication in the Federal Register. EPA 

is using this streamlined authority to 

make 12 additional methods available 

for analyzing drinking water samples 

required by regulation. This expedited 

approach provides public water 

systems, laboratories, and primacy 

agencies with more timely access to new 

measurement techniques and greater 

flexibility in the selection of analytical 

methods, thereby reducing monitoring 

costs while maintaining public health 

protection. 

DATES: This action is effective June 8, 

2010. 


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