7142 Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Proposed Rules 

TABLE 1 TO § 165.1191—Continued 

[All coordinates referenced use datum NAD 83.] 

25. Fleet Week Fireworks 

Sponsor ............................... Various Sponsors. 

Event Description ................ Fireworks Display. 

Date ..................................... Second Friday and Saturday in October. 

Location ............................... 1,000 feet off Pier 3, San Francisco, CA. 

Regulated Area .................... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge 

and during the transit of the fireworks barge from the loading location to the display location. Increases to a 

1000-foot radius upon commencement of the fireworks display. 

26. Monte Foundation Fireworks 

Sponsor ............................... Monte Foundation Fireworks. 

Event Description ................ Fireworks Display. 

Date ..................................... Second Saturday in October. 

Location ............................... Sea Cliff State Beach Pier in Aptos, CA. 

Regulated Area .................... 1000-foot safety zone around the navigable waters of the Sea Cliff State Beach Pier. 

27. Rio Vista Bass Derby Fireworks 

Sponsor ............................... Rio Vista Chamber of Commerce. 

Event Description ................ Fireworks Display. 

Date ..................................... Second Saturday in October. 

Location ............................... 500 feet off Rio Vista, CA waterfront. 

Regulated Area .................... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge 

and during the transit of the fireworks barge from the loading location to the display location. Increases to a 

1000-foot radius upon commencement of the fireworks display. 

28. San Francisco New Years Eve Fireworks Display 

Sponsor ............................... City of San Francisco. 

Event Description ................ Fireworks Display. 

Date ..................................... New Years Eve, December 31st. 

Location ............................... 1,000 feet off Pier 2, San Francisco, CA. 

Regulated Area .................... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge 

and during the transit of the fireworks barge from the loading location to the display location. Increases to a 

1000-foot radius upon commencement of the fireworks display. 

29. Sacramento New Years Eve Fireworks Display 

Sponsor ............................... Sacramento Convention and Visitors’ Bureau. 

Event Description ................ Fireworks Display. 

Date ..................................... New Years Eve, December 31st. 

Location ............................... Near Tower Bridge, Sacramento River. 

Regulated Area .................... The navigable waters of the Sacramento River surrounding the shore-based launch locations between two lines 

drawn 1,000 feet south of Tower Bridge, and 1,000 feet north of the I Street Bridge. 

Dated: December 21, 2010. 

J.R. Castillo, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eleventh Coast Guard District. 

[FR Doc. 2011–2863 Filed 2–8–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2007–1073; FRL–9263–8] 

Revisions to the California State 

Implementation Plan, Imperial County 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Imperial County Air 

Pollution Control District (ICAPCD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions clarify permitting 

requirements, and update and revise 

exemptions from New Source Review 

(NSR) permitting requirements, for 

various air pollution sources. We are 

taking comments on this proposal and 

plan to follow with a final action. 

DATES: Any comments must arrive by 

March 11, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2007–1073, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: R9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (Air— 

3), U.S. Environmental Protection 

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 emstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Proposed Rules 7143 

mail 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. 

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: 

Laura Yannayon, EPA Region IX, (415) 

972–3534, yannayon.laura@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 

rules and 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 addressed by 

this proposal, including the dates they 

were adopted by the local air agency 

and submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended Submitted 

ICAPCD ................................................................ 201 Permits Required .................................................. 10/10/06 08/24/07 

ICAPCD ................................................................ 202 Exemptions ........................................................... 10/10/06 08/24/07 

On September 17, 2007, EPA 

determined that the submittal for 

ICAPCD Rules 201 and 202 met 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 201 into the SIP on January 3, 2007 

(72 FR 9). There are no previous 

versions of Rule 202 in the SIP, but SIP 

approved Rule 103, also contains permit 

exemptions. Rule 103 was approved 

into the SIP on May 31, 1972 (37 FR 

10842). The ICAPCD originally adopted 

new Rule 202 on June 1, 1977 and also 

adopted revisions on September 7, 1993 

and September 14, 1999. Both of these 

revisions were submitted to EPA, 

however EPA has not taken action on 

either of these submittals. While we can 

act on only the most recently submitted 

version, we have reviewed materials 

provided with previous submittals. 

C. What is the purpose of the submitted 

rules and rule revisions? 

Section 110(a) of the CAA requires 

states to submit regulations that control 

volatile organic compounds, nitrogen 

oxides, particulate matter and other air 

pollutants which harm human health 

and the environment. Permitting rules 

were developed as part of the local air 

district’s programs to control these 

pollutants. 

The purpose of District Rule 201 

(Permits Required) is to identify when, 

and what permits, a source must obtain 

prior to construction and operation. 

The purpose of District Rule 202 

(Exemptions) is to identify processes, 

articles, machines, equipment, or other 

contrivances for which an Authority to 

Construct (ATC) or Permit to Operate 

(PTO) is not required. Rule 202 also 

requires recordkeeping to verify and 

maintain any exemption. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

The relevant statutory provisions for 

our review of the submitted rules 

include CAA section 110(a) and section 

110(l). Section 110(a) requires that SIP 

rules be enforceable, while section 

110(l) precludes EPA approval of SIP 

revisions that would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress or any other applicable 

requirement of the Act. In addition, we 

have reviewed the submitted rules for 

compliance with EPA implementing 

regulations for NSR, including 40 CFR 

51.160 through 40 CFR 51.165. 

B. Do the rules meet the evaluation 

criteria? 

EPA has reviewed the submitted rules 

in accordance with the Rule Evaluation 

criteria described above. Consistent 

with the requirements of 40 CFR subpart 

I, all major stationary sources are 

required to obtain an ATC permit prior 

to construction. For minor sources, EPA 

believes that emissions from the types 

and sizes of equipment and operations 

exempted from NSR permit 

requirements are consistent with the 

flexibility afforded to states to regulate 

only those sources as necessary to 

assure attainment and maintenance of 

the National Ambient Air Quality 

Standards (NAAQS). While several new 

provisions have been added to Rule 202 

that could be seen as a relaxation of the 

SIP because more sources are 

specifically exempted from Rule 207 

permit requirements, in practice most of 

these sources have never been required 

to obtain a NSR ATC permit due to their 

small size or state law prohibitions. 

Because these rules will not actually 

worsen air quality, and will in fact 

require many agricultural sources to 

obtain permits and be subject to control 

requirements for the first time, EPA 

believes that these revisions are a long 

overdue update to the SIP which will 

provide an overall strengthening of the 

SIP without interfering with the 

District’s ability to attain and maintain 

the NAAQS, and are therefore 

approvable under 110(l) of the CAA. 

The TSD has more information on our 

evaluation. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rules. 

D. Public Comment and Final Action 

Because EPA believes the submitted 

rules fulfill all relevant requirements, 

we are proposing to fully approve them 

as described in section 110(k)(3) of the 

Act. We will accept comments from the 

public on this proposal for the next 30 

days. Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

7144 Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Proposed Rules 

action that will incorporate these rules 

into the federally enforceable SIP. 

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 interfere with Executive 

Order 12898 (59 FR 7629 (Feb. 16, 

1994)) because EPA lacks the 

discretionary authority to address 

environmental justice in this 

rulemaking. 

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, Intergovernmental 

relations, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: January 28, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–2862 Filed 2–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

mstockstill on DSKH9S0YB1PROD with PROPOSALS