Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 43765 

(9) The Port Allen, Kauai from all 

waters immediately adjacent to the 

Department of Transportation 

commercial pier (located at 21°53′59′′ N, 

157°35′21′′ W) extending out to 100 

yards from the piers faces; 

(b) Regulations. The general 

regulations governing safety zones 

contained in 33 CFR 165.23, Subpart C, 

apply to the safety zones created by this 

temporary final rule. 

(1) All persons and vessels are 

required to comply with the general 

regulations governing safety zones 

found in 33 CFR part 165. 

(2) Entry into or remaining in this 

zone is prohibited unless authorized by 

the COTP Honolulu or his designated 

representative. 

(3) Persons or vessels desiring to 

transit the safety zones identified in 

paragraph (a) of this section may contact 

the COTP Honolulu through his 

designated representatives at the 

Command Center via telephone: (808) 

842–2600 and (808) 842–2601; fax: (808) 

842–2642; or on VHF channel 16 (156.8 

Mhz) to request permission. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the COTP Honolulu or 

his designated representative. 

(5) The commercial ports of the 

Hawaiian Islands will be closed to all 

inbound traffic when the COTP 

Honolulu issues a marine safety 

information bulletin twelve hours before 

the onset of tropical storm force winds 

are forecasted to impact the port. All 

vessels over 200 gross tons must 

evacuate. 

(6) All vessels unable to comply with 

this safety zone may request a waiver 

from the COTP Honolulu by submitting 

a request with their hurricane plans for 

review and approval by the designated 

representative of COTP Honolulu. 

(7) The harbors will remain closed 

until the Coast Guard issues an ‘‘All 

Clear’’ for the harbor after the storm 

passes and a survey of the Harbor for 

potential hazards is completed by the 

Coast Guard. 

(c) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the COTP Honolulu to 

assist in enforcing the security zone 

described in paragraph (a) of this 

section. 

(f) Enforcement period. This rule will 

be enforced from 11 a.m. on August 22, 

2018, through 11 a.m. on August 29, 

2018. 

(g) Notice of enforcement. The COTP 

Honolulu will cause Notice of the 

Enforcement of these safety zones 

described in this section to be made by 

Broadcast to the maritime community 

via marine safety information bulletins 

and broadcast notice to mariners on 

VHF channel 16 (156.8 MHz). 

Dated: August 22, 2018. 

M.C. Long, 

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

Port Honolulu. 

[FR Doc. 2018–18581 Filed 8–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2018–0282; FRL–9981– 

98—Region 9] 

Approval of Air Plan Revisions; 

Approvals and Promulgations: 

California; Placer County Air Pollution 

Control District; Stationary Source 

Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing action on a 

revision to the Placer County Air 

Pollution Control District (PCAPCD or 

District) portion of the California State 

Implementation Plan (SIP). This 

revision concerns the District’s 

Prevention of Significant Deterioration 

(PSD) permitting program for new and 

modified sources of air pollution. We 

are finalizing action on a local rule 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: This rule will be effective on 

September 27, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2018–0282. All 

documents in the docket are listed on 

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

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

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 http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region IX, (415) 

972–3534, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On June 14, 2018 (83 FR 27738), the 

EPA proposed to fully approve the 

following rule that was submitted for 

incorporation into the PCAPCD portion 

of the California SIP. 

TABLE 1—SUBMITTED RULE

Rule No. Rule title Adopted or 

amended Submitted 

518 ............................. Prevention of Significant Deterioration (PSD) Permit Program ...................................... 10/13/16 1/24/17 

We proposed approval of this rule 

because we determined that the rule met 

the statutory requirements for SIP 

revisions as specified in section 110(l) 

of the CAA, as well as the substantive 

statutory and regulatory requirements 

for a PSD permit program as contained 

in CAA section 110(a)(2)(C) and 40 CFR 

51.166. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received two comments 

on the proposed rule. These comments 

raised issues that are outside the scope 

of our proposed approval of Rule 518, 

including air pollution monitoring in 

China and India, climate change, and 

wind and solar power costs and 

regulations. None of those comments are 

germane to our evaluation of Rule 518. 

The EPA is required to approve a state 

SIP submission if the submittal meets 


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43766 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 

all of the applicable requirements of the 

Act. 42 U.S.C. 7410(k)(3). None of the 

submitted comments indicate that the 

District’s submittal of Rule 518 does not 

meet the requirements of the Act. 

III. EPA Action 

No comments were submitted that 

change our assessment that submitted 

Rule 518 satisfies the applicable CAA 

requirements. Therefore, under CAA 

sections 110(k)(3) and 301(a), and for 

the reasons set forth in our June 14, 

2018 proposed rule, we are fully 

approving Rule 518. This action 

incorporates the submitted rule into the 

PCAPCD portion of the California SIP 

and makes it federally enforceable. In 

addition, because we are finalizing our 

proposed action, we are removing the 

existing Rule 518 from the PCAPCD 

portion of the California SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

PCAPCD rule listed in Table 1 of this 

document. The EPA has made, and will 

continue to make, these documents 

available through www.regulations.gov 

and at the EPA Region IX Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 the 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, 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

New source review, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 27, 2018. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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)(391)(i)(C)(2) and 

(c)(497)(i)(B)(2) to read as follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(391) * * * 

(i) * * * 

(C) * * * 

(2) Previously approved on December 

10, 2012 in paragraph (c)(391)(i)(C)(1) of 

this section and now deleted with 

replacement in paragraph 

(c)(497)(i)(B)(2) of this section, Rule 518, 

‘‘Prevention of Significant Deterioration 

(PSD) Permit Program.’’ 

* * * * * 

(497) * * * 

(i) * * * 

(B) * * * 

(2) Rule 518, ‘‘Prevention of 

Significant Deterioration (PSD) Permit 

Program,’’ amended on October 13, 

2016. 

* * * * * 

■ 3. Section 52.270 is amended by 

revising paragraph (b)(6) to read as 

follows: 

§ 52.270 Significant deterioration of air 

quality. 

* * * * * 

(b) * * * 

(6) The PSD program for the Placer 

County Air Pollution Control District 

(PCAPCD), as incorporated by reference 

in § 52.220(c)(497)(i)(B)(2), is approved 

under part C, subpart 1, of the Clean Air 

Act. For PSD permits previously issued 

by EPA pursuant to § 52.21 to sources 

located in the PCAPCD, this approval 

includes the authority for the PCAPCD 


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Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 43767 

to conduct general administration of 

these existing permits, authority to 

process and issue any and all 

subsequent permit actions relating to 

such permits, and authority to enforce 

such permits. 

* * * * * 

[FR Doc. 2018–18529 Filed 8–27–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0474; FRL–9981–27] 

Aspartic Acid, N-(1,2-dicarboxyethyl)-, 

Tetrasodium Salt; Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of aspartic acid, 

N-(1,2-dicarboxyethyl)-, tetrasodium salt 

(CAS Reg. No. 144538–83–0) when used 

as an inert ingredient in antimicrobial 

pesticide products for which, when 

ready for use, the end-use concentration 

does not exceed 5,000 parts per million 

(ppm) of aspartic acid, N-(1,2- 

dicarboxyethyl)-, tetrasodium salt. 

Lanxess Corporation submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting establishment of an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of aspartic 

acid, N-(1,2-dicarboxyethyl)-, 

tetrasodium salt, when used in 

accordance with the terms of the 

exemption. 

DATES: This regulation is effective 

August 28, 2018. Objections and 

requests for hearings must be received 

on or before October 29, 2018, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2017–0474, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Goodis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://www.ecfr.

gov/cgi-bin/text-idx?&c=ecfr&tpl=/ 

ecfrbrowse/Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2017–0474 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before October 29, 2018. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2017–0474, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Petition for Exemption 

In the Federal Register of December 

15, 2017 (82 FR 59604) (FRL–9970–50), 

EPA issued a document pursuant to 

FFDCA section 408, 21 U.S.C. 346a, 

announcing the filing of a pesticide 

petition (PP IN–11063) by Lanxess 

Corporation, 111 RIDC Park West Drive, 

Pittsburgh, PA 15275. The petition 

requested that 40 CFR 180.940(a) be 

amended by establishing an exemption 

from the requirement of a tolerance for 

residues of aspartic acid, N-(1,2- 

dicarboxyethyl)-, tetrasodium salt (CAS 

Reg. No. 144538–83–0) when used as an 

inert ingredient as a chelating agent in 

antimicrobial pesticide formulations 

(food-contact surface sanitizing 

solutions). That document referenced a 

summary of the petition prepared by 

Lanxess Corporation, the petitioner, 

which is available in the docket, http:// 

www.regulations.gov. There were no 

relevant comments received in response 

to the notice of filing. 

Based upon review of the data 

supporting the petition, EPA has limited 

the maximum end-use concentration, 

when ready for use, of aspartic acid, N- 

(1,2-dicarboxyethyl)-, tetrasodium salt 

not to exceed 5,000 ppm in 


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