43762 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone that will prohibit persons and 

vessels from entering, transiting 

through, anchoring in or remaining 

within a limited area on the navigable 

water in the Delaware Bay, during a 

fireworks display lasting one hour. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 01. A 

Record of Environmental Consideration 

(REC) supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T05–0810 to read as 

follows: 

§ 165.T05–0810 Safety Zone; Delaware 

River Fireworks Display, Delaware River, 

Philadelphia, PA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Delaware River in the vicinity of Penn’s 

Landing, Philadelphia, PA, within 500 

yards of the fireworks barge anchored in 

approximate position 39°56′49.66′′ N, 

075°08′11.69′′ W. All coordinates are 

based on Datum NAD 1983. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

petty officer, warrant or commissioned 

officer on board a Coast Guard vessel or 

on board a federal, state, or local law 

enforcement vessel assisting the Captain 

of the Port Delaware Bay (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter or 

remain in the zone, contact the COTP or 

the COTP’s designated representative 

via VHF–FM channel 16 or 215–271– 

4807. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(3) No vessel may take on bunkers or 

conduct lightering operations within the 

safety zone during its enforcement. 

(4) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the safety zone by 

federal, state, and local agencies. 

(e) Enforcement period. This zone 

will be enforced from approximately 

8:30 p.m. through 9:30 p.m. on 

September 1, 2018. 

Dated: August 23, 2018. 

S.E. Anderson, 

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

Port Delaware Bay. 

[FR Doc. 2018–18596 Filed 8–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0838] 

RIN 1625–AA00 

Safety Zones, Hurricane Lane Port 

Closures for Hawaiian Islands 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing 9 temporary safety zones 

encompassing Hawaii’s commercial 


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harbors to include Nawiliwili and Port 

Allen, Kauai; Barber’s Point and 

Honolulu Harbor, Oahu; Kaunakakai, 

Molokai; Kaumalapau, Lanai; Kahului, 

Maui; and Kawaihae and Hilo on the 

Island of Hawaii. These temporary 

safety zones are necessary to protect the 

harbors from the potential impacts of 

Hurricane Lane and when enforced 

functionally close the port to 

commercial vessel traffic and require 

the evacuation of vessels in accordance 

with the Coast Guard Sector Honolulu 

Heavy Weather and Hurricane Plan. 

DATES: This rule is effective without 

actual notice from August 28, 2018 until 

August 29, 2018. For the purposes of 

enforcement, actual notice will be used 

from August 22, 2018, until August 28, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2018– 

0838 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Commander John E. 

Bannon, Waterways Management 

Division, U.S. Coast Guard; telephone 

808–541–4359, email John.E.Bannon@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Honolulu 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule due to the 

imminent approach of Hurricane Lane 

and its potential impacts to the island 

of Hawaii. Closing the ports and 

ordering evacuation of vessels over 200 

gross tons is in accordance with Coast 

Guard Sector Honolulu’s Maritime 

Heavy Weather and Hurricane Plan. It is 

impracticable to publish an NPRM 

because of the rapid escalation of the 

tropical storm to hurricane status and 

the imminent threat posed. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date 

would be contrary to the rule’s 

objectives of enhancing safety of life on 

the navigable waters and protection of 

persons and vessels due to the 

imminent threat of the approaching 

hurricane. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Honolulu (COTP) 

has determined that potential hazards 

associated with Hurricane Lane 

constitute a safety concern for all 

commercial harbors in Hawaii. This rule 

is needed to protect personnel, vessels, 

maritime commercial facilities, and the 

marine environment in the navigable 

waters of Nawiliwili and Port Allen, 

Kauai; Barber’s Point and Honolulu 

Harbor, Oahu; Kaunakakai, Molokai; 

Kaumalapau, Lanai; Kahului, Maui; and 

Kawaihae and Hilo on the Island of 

Hawaii. This temporary rulemaking 

implements the closure of the port and 

evacuation of vessels called for in the 

Coast Guard Sector Honolulu Heavy 

Weather & Hurricane Plan. Consistent 

with the Plan, the Captain of the Port 

finds sufficient indications that the 

approaching Hurricane Lane poses 

considerable safety concerns, creating 

the need for these safety zones. 

IV. Discussion of the Rule 

This rule establishes nine safety zones 

encompassing Hawaii’s 9 commercial 

harbors; Nawiliwili and Port Allen, 

Kauai; Barber’s Point and Honolulu 

Harbor, Oahu; Kaunakakai, Molokai; 

Kaumalapau, Lanai; Kahului, Maui; and 

Kawaihae and Hilo on the Island of 

Hawaii. The Coast Guard is closing all 

commercial harbors to vessels over 200 

gross tons, in accordance with the Coast 

Guard Sector Honolulu’s Heavy Weather 

& Hurricane Plan and requires the 

evacuation of all vessels over 200 gross 

tons. Notice of actual port closure times 

will be given to the maritime 

community via marine safety 

information bulletins and broadcast 

notice to mariners. All vessels unable to 

comply with this safety zone and 

seeking to remain in port, must submit 

a request to remain in port detailing 

vessel specifics and a mooring plan for 

approval from the Captain of the Port. 

Vessels are not authorized to enter or 

remain in port without the specific 

authorization of the COTP Honolulu. 

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. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the anticipated short 

duration of the storm and protection of 

personnel, vessels, maritime 

commercial facilities, and the marine 

environment from potential impacts of 

Hurricane Lane. Moreover, the Coast 

Guard will issue marine safety 

information bulletins and broadcast 

notice to mariners on marine channel 16 

about the safety zones and the rule 

allows vessels to seek permission to 

enter the safety zones. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 


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43764 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 

While some owners or operators of 

vessels intending to transit the safety 

zones may be small entities, for the 

reasons stated in section V.A. above, 

this rule will not have a significant 

economic impact on any vessel owner 

or operator. This rule may affect the 

following small entities: The owners or 

operations of vessels intending to 

transit, anchor, or moor within nine 

safety zones encompassing Hawaii’s 9 

commercial harbors; Nawiliwili and 

Port Allen, Kauai; Barber’s Point and 

Honolulu Harbor, Oahu; Kaunakakai, 

Molokai; Kaumalapau, Lanai; Kahului, 

Maui; and Kawaihae and Hilo on the 

Island of Hawaii between August 22, 

2018 and August 29, 2018. Upon 

passing of the hurricane and verification 

of the safety of the waterways, all 

vessels will be allowed to reenter or exit 

the commercial ports of Hawaii as soon 

as reasonably expected and safe to 

allow. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves safety 

zones lasting 7 days that will prohibit 

entry into 9 Hawaii commercial harbors; 

Nawiliwili and Port Allen, Kauai; 

Barber’s Point and Honolulu Harbor, 

Oahu; Kaunakakai, Molokai; 

Kaumalapau, Lanai; Kahului, Maui; and 

Kawaihae and Hilo on the Island of 

Hawaii. It is categorically excluded from 

further review under paragraph L60(c) 

of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 01. A Record of Environmental 

Consideration supporting this 

determination will be made available in 

the docket where indicated under 

ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T14–0838 to read as 

follows: 

§ 165.T14–0838 Safety Zones, Hurricane 

Lane Port Closures for Hawaiian Islands. 

(a) Location. The following 

commercial harbors are safety zones: 

(1) All waters of Barber’s Point 

Harbor, Oahu inland from a line drawn 

between 21°19′30′′ N, 158°07′14′′ W and 

21°19′18′′ N, 158°07′18′′ W; 

(2) All waters of Honolulu Harbor, 

Oahu inland from a line drawn between 

21°17′56′′ N, 157°52′15′′ W and 

21°17′45′′ N, 157°52′10′′ W; 

(3) All waters of Kaunakakai Harbor, 

immediately adjacent to the Interisland 

Cargo Terminal out to 100 yards of the 

west face of the pier; 

(4) All waters of Kaumalapau Harbor, 

Lanai inland from a line drawn between 

20°47′10′′ N, 156°59′32′′ W and 

21°47′01′′ N, 156°59′31′′ W; 

(5) All waters of Kahului Harbor, 

Maui inland from a line drawn between 

20°54′01′′ N, 156°28′26′′ W and 

20°54′02′′ N, 156°28′18′′ W; 

(6) All waters of Kawaihae Harbor, 

Hawaii inland from a line drawn 

between 20°02′14′′ N, 158°50′02′′ W and 

20°02′19′′ N, 155°49′55′′ W; 

(7) All waters of Hilo Harbor, Hawaii 

inland from a line drawn between 

19°44′17′′ N, 155°05′22′′ W and 

19°44′34′′ N, 155°04′31′′ W; 

(8) All waters of Nawiliwili Harbor, 

Kauai inland from a line drawn between 

21°56′58′′ N, 159°21′28′′ W and 

21°57′11′′ N, 159°21′10′′ W; 


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(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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