[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Page 49503]
[FR Doc No: 2013-19584]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER13-1876-001.
    Applicants: BP Energy Company.
    Description: Amendment to Request for Category 1 Status, Request
for Waiver of TMP Update to be effective 7/2/2013.
    Filed Date: 8/1/13.
    Accession Number: 20130801-5243.
    Comments Due: 5 p.m. ET 8/22/13.

    Docket Numbers: ER13-2042-001.
    Applicants: Southwest Power Pool, Inc.
    Description: 1886R2 Substitute Westar Energy, Inc. NITSA NOA to be
effective 6/27/2013.
    Filed Date: 8/1/13.
    Accession Number: 20130801-5235.
    Comments Due: 5 p.m. ET 8/22/13.

    Docket Numbers: ER13-2087-000.
    Applicants: Arizona Public Service Company.
    Description: APS and Western Kofa Capacitor Bank Project Interim
AG, Rate Schedule No. 268 to be effective 10/1/2013.
    Filed Date: 8/1/13.
    Accession Number: 20130801-5143.
    Comments Due: 5 p.m. ET 8/22/13.

    Docket Numbers: ER13-2088-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Haywood EMC RPPA (2013) to be effective 7/2/2012.
    Filed Date: 8/1/13.
    Accession Number: 20130801-5170.
    Comments Due: 5 p.m. ET 8/22/13.

    Docket Numbers: ER13-2089-000.
    Applicants: Florida Power & Light Company.
    Description: FPL Revisions to LCEC Rate Schedule No. 312 to be
effective 1/1/2012.
    Filed Date: 8/1/13.
    Accession Number: 20130801-5176.
    Comments Due: 5 p.m. ET 8/22/13.

    Docket Numbers: ER13-2090-000.
    Applicants: Florida Power & Light Company.
    Description: FPL Revisions to LCEC Rate Schedule No. 317 to be
effective 1/1/2014.
    Filed Date: 8/1/13.
    Accession Number: 20130801-5180.
    Comments Due: 5 p.m. ET 8/22/13.

    Docket Numbers: ER13-2091-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Revisions to Attachment AE and X--CFTC to be effective
3/1/2014.
    Filed Date: 8/1/13.
    Accession Number: 20130801-5242.
    Comments Due: 5 p.m. ET 8/22/13.

    Docket Numbers: ER13-2092-000.
    Applicants: Northern States Power Company, a Minnesota corporation
    Description: 2013-8-1--GRE-Multi-Pty JPZ Agrmt--304-NSP to be
effective 6/1/2013.
    Filed Date: 8/1/13.
    Accession Number: 20130801-5245.
    Comments Due: 5 p.m. ET 8/22/13.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 2, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-19584 Filed 8-13-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1779-1780]
[FR Doc No: 2012-300]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Emergency Locator Transmitters (ELTs)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent to cancel Technical Standard Order (TSO)-C91a,
Emergency Locator Transmitter (ELT) Equipment.

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SUMMARY: This notice announces the FAA's intent to cancel TSO-C91a,
Emergency Locator Transmitter (ELT) Equipment. The effect of the
cancelled TSO will result in no new TSO-C91a design or production
approvals. However, cancellation will not affect production according
to an existing TSO authorization (TSOA). Articles produced under an
existing TSOA can still be installed according to existing
airworthiness approvals and applications for new airworthiness
approvals will still be processed. This action does not impact
operation of TSO-C91a ELTs, and these ELTs will continue to satisfy the
14 Code of

Federal Regulation (14 CFR) Sec.  91.207 ELT equipage requirement.

DATES: Comments must be received on or before February 10, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. Albert Sayadian, AIR-130, Federal
Aviation Administration, 470 L'Enfant Plaza, Suite 4102 Washington, DC
20024. Telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, email to:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    You are invited to comment on the cancellation of the TSO by
submitting written data, views, or arguments to the above address. You
are requested to use the attached comment sheet to make the comment
review process more efficient. Comments received may be examined, both
before and after the closing date, in suite 4102 at the above address,
weekdays except federal holidays, between 8:30 a.m. and 4:30 p.m. The
Director, Aircraft Certification Service, will consider all comments
received on or before the closing date.

Background

    On December 23, 1992, the FAA published technical standard order
(TSO-C126), 406 MHz Emergency Locator Transmitters (ELT), for which
numerous TSO authorizations have been approved. On December 17, 2008,
the FAA published a revision to the TSO, TSO-C126a. The TSO is a
minimum performance standard for ELTs that utilize the 406.0 to 406.1
MHz band. TSO-C126 and TSO-C126a 406 MHz ELTS are monitored by the
Cospas-Sarsat system, an international satellite-based search and
rescue (SAR) distress alert detection and information distribution
system.
    On February 1, 2009 Cospas-Sarsat stopped processing signals from
121.5 MHz ELTs. It now only processes signals from 406 MHz ELTs. The
decision to discontinue processing of the 121.5 MHz signal was made by
the International Cospas-Sarsat program with guidance from the United
Nations. This was made due to the problems within the 121.5 MHz
frequency band which inundated SAR authorities with poor accuracy and
numerous false alerts, thus impacting the effectiveness of lifesaving
services. The 406 MHz ELT technology is an advance over the older 121.5
MHz ELT technology.
    TSO-C126a incorporates technology that makes the ELT equipment more
accurate and reliable than the 121.5 MHz ELT equipment built to the
minimum performance standards in TSO-C91a. Examples of these
improvements are: (1) Global satellite coverage; (2) a unique beacon
identification which is required to be registered so that if an alert
is launched the rescued coordination center can confirm whether the
distress is real, who they are looking for, and where the search should
begin; (3) 406 MHz ELTs can be received by geostationary satellites
which are always visible and provide instantaneous alerting and, (4)
increased position accuracy that reduces the search area to less than
two nautical miles in radius. Additionally, 406 MHz ELTs which have a
GPS position input can potentially reduce the search area to within 100
yards of the accident site.
    The performance and benefits of TSO-C126a equipment surpasses TSO-
C91a equipment. The 406 MHz technology is mature and prevalent in the
ELT market today. The FAA feels new TSO authorizations for ELTs should
be accomplished to TSO-C126a, or subsequent, and it is appropriate to
cancel TSO-C91a.

Susan J. M. Cabler,
Assistant Manager, Aircraft Engineering Division, Aircraft
Certification Service.
[FR Doc. 2012-300 Filed 1-10-12; 8:45 am]
BILLING CODE P


Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 6 Design and Operating Standards for Containment Buildings  Certification of containment building 265.1101( c)( 2) There is no effect on the ICR. Not Applicable Not Applicable Not Applicable Design and Operating Standards for Containment Buildings  Inspections 265.1101( c)( 4) In regard to National Performance Track Program, this analysis assumes that no facilities in the program will apply to reduce their inspection frequency. Not Applicable Not Applicable Not Applicable EPA ICR Number 959.11  Facility Ground Water Monitoring Requirements Detection Monitoring Program ( Permitted Facilities)  Conduct and maintain ground water monitoring 264.98( d) It is difficult to determine what impact this change would have. Facilities could experience different levels of flexibility under the new provisions. It is difficult and highly uncertain to predict this flexibility in advance of rule promulgation. Therefore, no burden reduction was estimated. Not Applicable Not Applicable Not Applicable Detection Monitoring Program ( Permitted Facilities)  Conduct ground water sampling 264.98( g)( 2),

( g)( 3) It is difficult to determine what impact this change would have. Facilities could experience different levels of flexibility under the new provisions. It is difficult and highly uncertain to predict this flexibility in advance of rule promulgation. Therefore, no burden reduction was estimated. Not Applicable Not Applicable Not Applicable Compliance Monitoring Program ( Permitted Facilities)  Conduct groundwater sampling 264.99( f), ( g) It is difficult to determine what impact this change would have. Facilities could experience different levels of flexibility under the new provisions. It is difficult and highly uncertain to predict this flexibility in advance of rule promulgation. Therefore, no burden reduction was estimated. Not Applicable Not Applicable Not Applicable Corrective Action Program  Corrective Action Program Report 264.100( g) Hourly burden and O& M costs reduced by 50% because no longer submitting report semi annually. 286 1,716 $ 874,946 Ground water Monitoring:

Applicability ( Interim Status Facilities)

Ground water Quality Assessment Program 265.90( d)( 1) Hourly burden not reduced because recordkeeping will replace reporting. O& M costs decreased by $ 3.95 ( i. e., mailing costs).

No respondents shown in ICR. Thus, no change in hours or cost. Not Applicable Not Applicable Not Applicable Ground water Monitoring:

Applicability ( Interim Status Facilities)

Ground water Quality Assessment Report 265.90( d)( 3) Hourly burden not reduced because recordkeeping will replace reporting. O& M costs decreased by $ 3.95 ( i. e., mailing costs). 2 48 $ 13,593 Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 7 Ground Water Monitoring:

Preparation, Evaluation,

and Response

Concentration data 265.93( c)( 1) Hourly burden not reduced because recordkeeping will replace reporting. O& M costs decreased by $ 3.95 ( i. e., mailing costs). 4 16 $ 964 Ground Water Monitoring:

Preparation, Evaluation,

and Response

Groundwater Quality Assessment Program 265.93( d)( 2) Hourly burden not reduced because recordkeeping will replace reporting. O& M costs decreased by $ 3.95 ( i. e., mailing costs). 4 192 $ 10,636 Ground Water Monitoring:

Preparation, Evaluation,

and Response

Ground water Quality Assessment Report 265.93( d)( 5), ( e) Hourly burden not reduced because recordkeeping will replace reporting. O& M costs decreased by $ 3.95 ( i. e., mailing costs). 4 96 $ 27,186 Ground water Monitoring ( Interim Status Facilities):

Recordkeeping and Reporting  Prepare and submit a report on ground water surface elevations 265.94( a)( 2)( iii) This ICR has been revised to reflect the elimination of section 265.94( a)( 2)( iii), as well as the new requirement to retain records under new section 265.94( b).

Hourly burden not reduced because recordkeeping will replace reporting. O& M costs decreased by $ 3.95 ( i. e., mailing costs). 217 1,736 $ 104,160 EPA ICR Number 1189.14  Identification, Listing, and Rulemaking Petitions Standards and Criteria for Variances from Classification as a Solid Waste  Submit report on industry wide prevalence of the material production process 260.31( b)( 2) This ICR has been revised to reflect the elimination of section 260.31( b)( 2). Note that the information previously required under section 260.31( b)( 2) is now an optional submittal under section 260.31( b)( 7). The ICR has not been revised to reflect this optional submittal because of uncertainty in predicting industry behavior under this optional provision. 0 0 $ 0 Exclusions  Submit one time notification for recycled wood preserving wastewaters and spent wood preserving solutions 261.4( a)( 9)( iii)

( E) Hourly burden not reduced because recordkeeping will replace reporting. O& M costs decreased by $ 3.95 ( i. e., mailing costs). 20 202.50 $ 11,050.95 Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 8 Exclusions  Submit report estimating the number of studies and amount of waste to be used in treatability studies 261.4( f)( 9) Hourly burden has been reduced by 10% to reflect the elimination of current year information under section 261.4( f)( 9). 2 28.80 $ 1,661.58 EPA ICR Number 1361.09  Incinerators, Boilers and Industrial Furnaces General Inspection Requirements 264.15( b)( 4) In regard to National Performance Track Program, this analysis assumes that no facilities in the program will apply to reduce their inspection frequency. Not Applicable Not Applicable Not Applicable New regulatory language added by the rule New paragraph 264.15( b)( 5) The rule would allow facilities under the National Performance Track Program to apply for reduced inspection of their management units. This analysis assumes that no facilities in the program will apply to reduce their inspection frequency. Not Applicable Not Applicable Personnel training requirements  Establish training program in emergency response procedures 264.16( a)( 3) The ICR does not cover this requirement because it is not subject to the Paperwork Reduction Act and ICR requirements. In any case, minimal burden impact is expected from this change. Therefore,

the ICR was not modified to reflect the rule change. Not Applicable Not Applicable Not Applicable Emergency Procedures

Notify Regional Administrator that facility is in compliance with section 264.56( h) { which requires that no waste that may be incompatible with the released material will be treated/ stored/ disposed until cleanup is completed,

and emergency equipment is made ready for use again} before resuming operations 264.56( i) Eliminated this requirement.

No respondents shown in ICR. Thus, no change in hours or cost. Not Applicable Not Applicable Not Applicable Operating Record

Maintain operating record for facility 264.73( b) Burden hours not reduced because respondents will not have a decreased burden for record retention. Not Applicable Not Applicable Not Applicable Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 9 Financial Assurance for Closure  Release of the owner or operator from the requirements of this section 264.143( i) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Financial Assurance for Post Closure Care

Release of the owner or operator from the requirements of this section 264.145( i) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Liability Requirements

Period of coverage 264.147( e) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Personnel training requirements  Establish training program for emergency response 265.16( a)( 3) The ICR does not cover this requirement because it is not subject to the Paperwork Reduction Act and ICR requirements. In any case, minimal burden impact is expected from this change. Therefore,

the ICR was not modified to reflect the rule change. Not Applicable Not Applicable Not Applicable Contingency Plans

Coordination with other plans 265.52( b) Burden hours not reduced because the One Plan guidance will not notably affect the burden for writing the contingency plan. Not Applicable Not Applicable Not Applicable Emergency Procedures

Notify Regional Administrator that facility is in compliance with section 265.56( h) { which requires that no waste that may be incompatible with the released material will be treated/ stored/ disposed until cleanup is completed,

and emergency equipment is made ready for use again} before resuming operations 265.56( i) Eliminated this requirement.

No respondents shown in ICR. Thus, no change in hours or cost. Not Applicable Not Applicable Not Applicable Operating Record

Maintain operating record for facility 265.73( b) Burden hours not reduced because respondents will not have a decreased burden for record retention. Not Applicable Not Applicable Not Applicable Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 10 Financial Assurance for Closure  Release of the owner or operator from the requirements of this section 265.143( h) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Financial Assurance for Post Closure Care

Release of the owner or operator from the requirements of this section 265.145( h) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Liability Requirements

Period of coverage 265.147( e) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Permit Standards for Burners ( Permitted):

Operating Requirements

Recordkeeping 266.102( e)( 10) Burden hours not reduced because respondents will not have a decreased burden for record retention. Not Applicable Not Applicable Not Applicable Interim Status Standards for Burners ( Interim Status)  Periodic recertifications of compliance 266.103( d) Hourly burden and O& M costs reduced by 50% because re certifications are done less frequently. 16 212 $ 84,376.08 Interim Status Standards for Burners ( Interim Status)  Recordkeeping 266.103( k) Burden hours not reduced because respondents will not have a decreased burden for record retention. Not Applicable Not Applicable Not Applicable EPA ICR Number 1442.18  Land Disposal Restrictions LDR Generator Requirements  Generator waste determination 268.7( a)( 1) There is no effect on the ICR. Not Applicable Not Applicable Not Applicable LDR Treatment Facility Requirements  Submit a recycling notice and certification to EPA 268.7( b)( 6) Hourly burden not reduced because recordkeeping will replace reporting. O& M costs decreased by $ 0.38 ( i. e., mailing costs).

Number of new/ updated notifications and certifications reduced from 3,225 to 18. 18 8.10 $ 362 Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 11 LDR Special Rules for Characteristic Wastes

Submit one time notification 268.9( a) There is no effect on the ICR. Not Applicable Not Applicable Not Applicable LDR Special Rules for Characteristic Wastes

Submit certification 268.9( d) Hourly burden for clerical staff reduced by 0.25 hours because no longer submitting report. O& M costs decreased by $ 0.38 ( i. e., mailing costs). 584 262.80 $ 11,738 EPA ICR Number 1571.07  General Hazardous Waste Facility Standards Personnel training requirements  Establish training program in emergency response procedures 264.16( a)( 3) The ICR does not cover this requirement because it is not subject to the Paperwork Reduction Act and ICR requirements. In any case, minimal burden impact is expected from this change. Therefore,

the ICR was not modified to reflect the rule change. Not Applicable Not Applicable Not Applicable Emergency Procedures

Notify Regional Administrator that facility is in compliance with section 264.56( h) { which requires that no waste that may be incompatible with the released material will be treated/ stored/ disposed until cleanup is completed,

and emergency equipment is made ready for use again} before resuming operations 264.56( i) Eliminated this requirement. 0 0 $ 0 Operating Record

Maintain operating record for facility 264.73( b) Burden hours not reduced because respondents will not have a decreased burden for record retention. Not Applicable Not Applicable Not Applicable Containers  Inspection frequency 264.174 This ICR covers the burden associated with recordkeeping of inspection data. The burden associated with conducting the inspections is covered under EPA ICR Number 1572.

In regard to National Performance Track Program, this analysis assumes that no facilities in the program will apply to reduce their inspection frequency. Not Applicable Not Applicable Not Applicable Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 12 Containment and Detection of Releases from Tank Systems  Assessment of the overall condition of the tank system 264.193( h)( 4)( i)

( 2) This ICR examines the burden associated with the requirements under section 264.193( h)( 4)( i)( 2)

along with the requirements under section 264.193( i). In particular, the ICR examines the burden associated with the recordkeeping of assessment data. The burden associated with conducting a leak detection test or developing a schedule and procedure for an assessment of the overall condition of the tank system is covered under EPA ICR Number 1572.

Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Incinerators ( Permitted)

Record retention time 264.347( d) This ICR covers the burden associated with recordkeeping of inspection data. The burden associated with conducting the inspections is covered under EPA ICR Number 1572.

Burden hours not reduced because respondents will not have a decreased burden for record retention. Not Applicable Not Applicable Not Applicable Drip Pads ( Permitted)

Inspections 264.574( a) This ICR covers the burden associated with recordkeeping of inspection data. The burden associated with conducting the inspections is covered under EPA ICR Number 1572.

Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable General Inspection Requirements 265.15( b)( 4) In regard to National Performance Track Program, this analysis assumes that no facilities in the program will apply to reduce their inspection frequency. Not Applicable Not Applicable Not Applicable New regulatory language added by the rule New paragraph 265.15( b)( 5) The rule would allow facilities under the National Performance Track Program to apply for reduced inspection of their management units. This analysis assumes that no facilities in the program will apply to reduce their inspection frequency. Not Applicable Not Applicable Personnel training requirements  Establish training program for emergency response 265.16( a)( 3) The ICR does not cover this requirement because it is not subject to the Paperwork Reduction Act and ICR requirements. In any case, minimal burden impact is expected from this change. Therefore,

the ICR was not modified to reflect the rule change. Not Applicable Not Applicable Not Applicable Contingency Plans

Coordination with other plans 265.52( b) Burden hours not reduced because the One Plan guidance will not notably affect the burden for writing the contingency plan. Not Applicable Not Applicable Not Applicable Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 13 Emergency Procedures

Notify Regional Administrator that facility is in compliance with section 265.56( h) { which requires that no waste that may be incompatible with the released material will be treated/ stored/ disposed until cleanup is completed,

and emergency equipment is made ready for use again} before resuming operations 265.56( i) Eliminated this requirement. 0 0 $ 0 Operating Record

Maintain operating record for facility 265.73( b) Burden hours not reduced because respondents will not have a decreased burden for record retention. Not Applicable Not Applicable Not Applicable Financial Assurance for Closure  Release of the owner or operator from the requirements of this section 265.143( h) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Financial Assurance for Post Closure Care

Release of the owner or operator from the requirements of this section 265.145( h) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Liability Requirements

Period of coverage 265.147( e) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Containers  Inspection frequency 265.174 This ICR covers the burden associated with recordkeeping of inspection data. The burden associated with conducting the inspections is covered under EPA ICR Number 1572.

In regard to National Performance Track Program, this analysis assumes that no facilities in the program will apply to reduce their inspection frequency.. Not Applicable Not Applicable Not Applicable Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 14 Containment and Detection of Releases from Tank Systems  Assessment of the overall condition of the tank system 265.193( h)( 5)( i)

( 2) This ICR examines the burden associated with the requirements under section 265.193( h)( 5)( i)( 2)

along with the requirements under section 265.193( i). In particular, the ICR examines the burden associated with the recordkeeping of assessment data. The burden associated with conducting a leak detection test or developing a schedule and procedure for an assessment of the overall condition of the tank system is covered under EPA ICR Number 1572.

Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Inspection of Drip Pads ( Interim Status)

Certification of drip pad 265.444( a) This ICR covers the burden associated with recordkeeping of inspection data. The burden associated with conducting the inspections is covered under EPA ICR Number 1572.

Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable EPA ICR Number 1572.06  Hazardous Waste Specific Unit Requirements, and Special Waste Process and Types Closure ( Permitted Facilities)  Submit semi annual corrective action report 264.113( e)( 5) Hourly burden and O& M costs reduced by 50% because no longer submitting report semi annually.

No respondents shown in ICR. Thus, no change in hours or cost. Not Applicable Not Applicable Not Applicable Containers  Inspection frequency 264.174 This ICR covers the burden associated with conducting the inspections. The burden associated with recordkeeping of inspection data is covered under EPA ICR Number 1571.

In regard to National Performance Track Program, this analysis assumes that no facilities in the program will apply to reduce their inspection frequency. Not Applicable Not Applicable Not Applicable Assessment of Existing Tank System's Integrity 264.191( a),

( b)( 5)( ii) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Containment and Detection of Releases from Tank Systems  Assessment of the overall condition of the tank system 264.193( h)( 4)( i)

( 2) This ICR examines the burden associated with the requirements under section 264.193( h)( 4)( i)( 2)

along with the requirements under section 264.193( i). In particular, the ICR examines the burden associated with conducting a leak detection test or developing a schedule and procedure for an assessment of the overall condition of the tank system. The burden associated with recordkeeping of assessment data is covered under EPA ICR Number 1571.

Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 15 Inspection of Tank Systems ( Permitted Facilities) 264.195 There is no burden effect in this ICR from the reduced inspection frequency under section 264.195, as amended by the rule. This reflects EPA's belief that, in general, TSDFs will continue full daily inspections, regardless of the weekly requirement. EPA believes that TSDFs are generally proactive toward their property ( e. g., land and facilities), largely because of corrective action requirements at permit renewal and closure. They also are knowledgeable of and responsible toward their equipment because it is central to their primary business operations ( i. e., waste management). In addition, EPA has found that TSDFs have standard operating procedures and designated waste management staff to operate and maintain their waste management units. It might not be practicable or cost effective for them to revise these plans in order to relax their inspections. In this regard, even if a TSDF reduced its inspection frequency, it would incur incremental burden for modifying its permit, revising its plans, and reallocating staff. This incremental burden would partially if not completely offset the savings, especially in the near term.

In regard to National Performance Track Program, this analysis assumes that no facilities in the program will apply to reduce their inspection frequency. Not Applicable Not Applicable Not Applicable Response to Leaks or Spills and Disposition of Leaking or Unfit for Use Tank Systems ( Permitted)

Certification of major repairs 264.196( f) Hourly burden not reduced because recordkeeping will replace reporting. Recordkeeping will be conducted under new section 264.73( b)( 19). O& M costs under 264.196( f) decrease by $ 3.95 ( i. e.,

mailing costs).

In regard to the certification by an independent, qualified, registered professional engineer, the rule merely deletes the word " registered." Therefore, no burden reduction was estimated for this change. 5 2.50 $ 78.15 Landfills: Special Requirements for Bulk and Containerized Liquids 264.314 There is no effect on the ICR. Not Applicable Not Applicable Not Applicable Incinerators ( Permitted):

Performance Standards

Submit notification of intent to burn hazardous wastes F020, F021, F022,

F023, F026, F027 264.343( a)( 2) Eliminated notification requirement. 0 0 $ 0 Drip Pads ( Permitted)

Submit written plan,

as built drawings, and certification for upgrading,

repairing and modifying the drip pad 264.571( a), ( b),

( c) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 16 Drip Pads ( Permitted)

Obtain a certification for drip pads 264.573( a)( 4)( ii)

, ( g) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Drip Pads ( Permitted)

Inspections 264.574( a) This ICR covers the burden associated with conducting the inspections. The burden associated with recordkeeping of inspection data is covered under EPA ICR Number 1571.

Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Process Vents ( Permitted)

Submit semi annual report of control device monitoring events to the Region 264.1036 Eliminated this requirement. 0 0 $ 0 Alternative Standards for Valves in Gas/ Vapor Service or in Light Liquid Service: Percentage of Valves Allowed to Leak

Alternative standard notification 264.1061( b)( 1) Eliminated this requirement. 0 0 $ 0 Alternative Standards for Valves in Gas/ Vapor Service or in Light Liquid Service: Percentage of Valves Allowed to Leak

Work practice standard notification 264.1061( d) Eliminated this requirement.

No respondents shown in ICR. Thus, no change in hours or cost. Not Applicable Not Applicable Not Applicable Alternative Standards for Valves in Gas/ Vapor Service or in Light Liquid Service: Skip Period Leak Detection and Repair

Alternative work practice notification 264.1062( a)( 2) Eliminated this requirement. 0 0 $ 0 Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 17 Equipment Leaks ( Permitted)  Submit a semi annual report with record of equipment,

shutdowns, and control device monitoring events 264.1065( a) Eliminated this requirement. 0 0 $ 0 Containment Buildings:

Applicability  Notification 264.1100 There is no effect on the ICR. Not Applicable Not Applicable Not Applicable Design and Operating Standards for Containment Buildings  Certification of containment building 264.1101( c)( 2) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Design and Operating Standards for Containment Buildings  Inspections 264.1101( c)( 4) In regard to National Performance Track Program, this analysis assumes that no facilities in the program will apply to reduce their inspection frequency. Not Applicable Not Applicable Not Applicable Closure ( Interim Status Facilities)  Submit semi annual corrective action report 265.113( e)( 5) Hourly burden and O& M costs reduced by 50% because no longer submitting report semi annually.

No respondents shown in ICR. Thus, no change in hours or cost. Not Applicable Not Applicable Not Applicable Containers  Inspection frequency 265.174 This ICR covers the burden associated with conducting the inspections. The burden associated with recordkeeping of inspection data is covered under EPA ICR Number 1571.

In regard to National Performance Track Program, this analysis assumes that no facilities in the program will apply to reduce their inspection frequency. Not Applicable Not Applicable Not Applicable Assessment of Existing Tank System's Integrity 265.191( a),

( b)( 5)( ii) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Design and Installation of New Tank Systems or Components  Assessment of structural integrity and acceptability for storing and treating waste 265.192( a) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 18 Design and Installation of New Tank Systems or Components  Assessment of tank installation 265.192( b) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Containment and Detection of Releases from Tank Systems ( Interim Status)

Secondary containment of tank systems 265.193( a) There is no effect on the ICR. Not Applicable Not Applicable Not Applicable Containment and Detection of Releases from Tank Systems  Assessment of the overall condition of the tank system 265.193( h)( 5)( i)

( 2) This ICR examines the burden associated with the requirements under section 265.193( h)( 5)( i)( 2)

along with the requirements under section 265.193( i). In particular, the ICR examines the burden associated with conducting a leak detection test or developing a schedule and procedure for an assessment of the overall condition of the tank system. The burden associated with recordkeeping of assessment data is covered under EPA ICR Number 1571.

Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Inspection of Tank Systems ( Interim Status Facilities) 265.195 There is no burden effect in this ICR from the reduced inspection frequency under section 265.195, as amended by the rule. This reflects EPA's belief that, in general, TSDFs will continue full daily inspections, regardless of the weekly requirement. EPA believes that TSDFs are generally proactive toward their property ( e. g., land and facilities), largely because of corrective action requirements at permitting and closure. They also are knowledgeable of and responsible toward their equipment because it is central to their primary business operations ( i. e., waste management). In addition, EPA has found that TSDFs have standard operating procedures and designated waste management staff to operate and maintain their waste management units. It might not be practicable or cost effective for them to revise these plans in order to relax their inspections. In this regard, even if a TSDF reduced its inspection frequency, it would incur incremental burden for modifying its permit, revising its plans, and reallocating staff. This incremental burden would partially if not completely offset the savings, especially in the near term.

In regard to National Performance Track Program, this analysis assumes that no facilities in the program will apply to reduce their inspection frequency. Not Applicable Not Applicable Not Applicable Response to Leaks or Spills and Disposition of Leaking or Unfit for Use Tank Systems

Certification of major repairs 265.196( f) Hourly burden not reduced because recordkeeping will replace reporting. Recordkeeping will be conducted under new section 265.73( b)( 15). O& M costs under 265.196( f) decrease by $ 3.95 ( i. e.,

mailing costs).

In regard to the certification by an independent, qualified, registered professional engineer, the rule merely deletes the word " registered." Therefore, no burden reduction was estimated for this change. 19 9.50 $ 296.97 Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 19 Surface Impoundments ( Interim Status) 265.221( a) There is no effect on the ICR. Not Applicable Not Applicable Not Applicable Surface Impoundments ( Interim Status)  Submit the Response Action Plan to EPA 265.223( a) Hourly burden not reduced because recordkeeping will replace reporting. O& M costs decreased by $ 3.95 ( i. e., mailing costs).

No respondents shown in ICR. Thus, no change in hours or cost. Not Applicable Not Applicable Not Applicable Waste Piles ( Interim Status)  Submit the Response Action Plan to EPA 265.259( a) Hourly burden not reduced because recordkeeping will replace reporting. O& M costs decreased by $ 3.95 ( i. e., mailing costs).

No respondents shown in ICR. Thus, no change in hours or cost. Not Applicable Not Applicable Not Applicable Closure and Post Closure of Land Treatment

Closure certification 265.280( e) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Landfills ( Interim Status) 265.301( a) There is no effect on the ICR. Not Applicable Not Applicable Not Applicable Land Fills ( Interim Status)

 Submit the Response Action Plan to EPA 265.303( a) Hourly burden not reduced because recordkeeping will replace reporting. O& M costs decreased by $ 3.95 ( i. e., mailing costs).

No respondents shown in ICR. Thus, no change in hours or cost. Not Applicable Not Applicable Not Applicable Requirements for bulk and containerized liquids 265.314 There is no effect on the ICR. Not Applicable Not Applicable Not Applicable Assessment of Existing Drip Pad Integrity ( Interim Status) 265.441( a), ( b),

( c) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Design and Operating Requirements of Drip Pads  Certification of drip pad 265.443( a)( 4)( ii)

, ( g) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Inspection of Drip Pads ( Interim Status)

Certification of drip pad 265.444( a) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 20 Alternative Standards for Valves in Gas/ Vapor Service or in Light Liquid Service: Percentage of Valves Allowed to Leak

Alternative standard notification 265.1061( b)( 1) Eliminated this requirement. 0 0 $ 0 Alternative Standards for Valves in Gas/ Vapor Service or in Light Liquid Service: Percentage of Valves Allowed to Leak

Work practice standard notification 265.1061( d) Eliminated this requirement.

No respondents shown in ICR. Thus, no change in hours or cost. Not Applicable Not Applicable Not Applicable Alternative Standards for Valves in Gas/ Vapor Service or in Light Liquid Service: Skip Period Leak Detection and Repair

Alternative work practice notification 265.1062( a)( 2) Eliminated this requirement. 0 0 $ 0 Containment Buildings:

Applicability  Notification 265.1100 There is no effect on the ICR. Not Applicable Not Applicable Not Applicable Design and Operating Standards for Containment Buildings  Certification of containment building 265.1101( c)( 2) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Design and Operating Standards for Containment Buildings  Inspections 265.1101( c)( 4) In regard to National Performance Track Program, this analysis assumes that no facilities in the program will apply to reduce their inspection frequency.. Not Applicable Not Applicable Not Applicable Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 21 EPA ICR Number 1573.10  Part B Permit Application, Permit Modifications, and Special Permits General Inspection Requirements 264.15( b)( 4) The ICR examines the burden associated with this requirement under section 270.14( b).

It is difficult to determine what impact this change would have. It would depend in part on the number of facilities under the National Performance Track Program. These data were not readily available for analysis. Therefore, no burden reduction was estimated. Not Applicable Not Applicable Not Applicable New regulatory language added by the rule New paragraph 264.15( b)( 5) The rule would allow facilities under the National Performance Track Program to apply for reduced inspection of their management units. This analysis assumes that no facilities in the program will apply to reduce their inspection frequency. Not Applicable Not Applicable Contingency Plan

Coordination with other plans 264.52( b) The ICR examines the burden associated with this requirement under section 270.14( b).

Burden hours not reduced because the One Plan guidance will not notably affect the burden for writing the contingency plan. Not Applicable Not Applicable Not Applicable Financial Assurance for Closure  Release of the owner or operator from the requirements of this section 264.143( i) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Financial Assurance for Post Closure Care

Release of the owner or operator from the requirements of this section 264.145( i) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Liability Requirements

Period of coverage 264.147( e) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Design and Installation of New Tank Systems or Components  Assessment of structural integrity and acceptability for storing and treating waste 264.192( a) See assumptions for section 270.16( a). Not Applicable Not Applicable Not Applicable Existing ( i. e., Pre Rule)

Reporting or Recordkeeping Requirement Description Existing ( i. e., Pre Rule)

Regulatory Citation Assumptions Used in Estimating Revised Hour and Cost Burden Revised Estimates a Number of Respondents Hourly Burden Cost Burden D 22 Design and Installation of New Tank Systems or Components  Assessment of tank installation 264.192( b) See assumptions for section 270.16( a). Not Applicable Not Applicable Not Applicable Containment and Detection of Releases from Tank Systems  Secondary containment of tank systems 264.193( a) There is no effect on the ICR. Not Applicable Not Applicable Not Applicable Waste Piles ( Permitted)

Installation of liners and leachate collection systems after January 29, 1992 264.251( c) There is no effect on the ICR. Not Applicable Not Applicable Not Applicable Contents of Part B:

General Requirements

Certification 270.14( a) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Part B Requirements for Tank Systems  Submit written assessment of structural integrity 270.16( a) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable Part B Special Information Requirements for Drip Pads  Certification 270.26( c)( 15) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable EPA ICR Number 1775.03  Hazardous Remediation Waste Management Requirements ( HWIR Media)

Staging Piles  Designation 264.554( c)( 2) Burden not affected. The rule merely deletes the word " registered" from the term " registered professional engineer." Not Applicable Not Applicable Not Applicable a Exhibit contains rounding error.


[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Rules and Regulations]
[Pages 6741-6743]
[FR Doc No: 2013-00182]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R01-OAR-2012-0290; FRL-9768-7]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; New Hampshire;
Redesignation of the Southern New Hampshire 1997 8-Hour Ozone
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving: the State of New Hampshire's request to
redesignate the Boston-Manchester-Portsmouth (SE), New Hampshire
moderate 8-hour ozone nonattainment area to attainment for the 1997 8-
hour ozone National Ambient Air Quality Standard (NAAQS); a State
Implementation Plan (SIP) revision containing a 10-year ozone
maintenance plan for this area; a 2008 comprehensive emissions
inventory for the area; and new motor vehicle emissions budgets (MVEBs)
for the years 2008 and 2022 that are contained in the 10-year ozone
maintenance plan for this area.

DATES: Effective Date: This rule is effective on March 4, 2013.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2012-0290. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., CBI 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 either electronically through
www.regulations.gov or in hard copy at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal holidays. Copies of the documents
relevant to this action are also available for public inspection during
normal business hours, by appointment at the State Air Agency: Air
Resources Division, Department of Environmental Services, 6 Hazen
Drive, Concord, NH.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (CAQ), Boston, MA
02114-2023, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Orders

I. Background

    On October 25, 2012 (77 FR 65151), EPA published a notice of
proposed rulemaking (NPR) for the State of New Hampshire. The NPR
proposed approval of New Hampshire's request to redesignate the Boston-
Manchester-Portsmouth (SE), New Hampshire 1997 8-hour ozone
nonattainment area (hereafter, the ``Southern NH'' area) and a SIP
revision that establishes a maintenance plan for this area. The
maintenance plan sets forth how the area will maintain attainment of
the 1997 8-hour ozone NAAQS for the next 10 years in accordance with
Section 175A of the Clean Air Act (CAA). The NPR also proposed approval
of the motor vehicle emission budgets (MVEBs) associated with the
maintenance plan, as well as a 2008 comprehensive emission inventory
for the area. The New Hampshire Department of Environmental Services
(NH DES) submitted the request to redesignate the Southern NH area to
attainment of the 1997 8-hour ozone standard on March 2, 2012, with a
supplement submitted on September 21, 2012. The specific details of New
Hampshire's redesignation request, 175A maintenance plan, and MVEBs,
and the rationale for EPA's proposed

approval are explained in the NPR and will not be restated here. No
public comments were received on the NPR.
    The NPR stated that EPA would act on several outstanding issues
before we finalized approval of the redesignation request and the
associated maintenance plan. All outstanding actions have been
completed. The final rulemaking notice on the determinations of
attainment for the New Hampshire areas for the one-hour ozone standard
was published on October 30, 2012 (77 FR 65625). The approval of New
Hampshire's Reasonably Available Control Technology (RACT)
Certification SIP for the 1997 8-hour ozone standard was published on
November 5, 2012 (77 FR 66388). The approval of New Hampshire's SIP
addressing EPA's 2006, 2007, and 2008 Control Technique Guidelines
(CTGs) was published on November 8, 2012 (77 FR 66921). Finally, the
approval of New Hampshire's Vehicle Inspection and Maintenance (I/M)
SIP was signed by the Regional Administrator on November 14, 2012 and
forwarded for publication in the Federal Register. A copy of the signed
approval of New Hampshire's I/M SIP is available in the docket for this
action. In addition, preliminary 2012 ozone data available for the area
is well below the 1997 ozone NAAQS.

II. Final Action

    EPA is approving the State of New Hampshire's March 2, 2012
(supplemented on September 21, 2012) redesignation request and
maintenance plan for the Southern NH area, because the requirements for
approval have been satisfied. EPA has evaluated New Hampshire's
redesignation request, and determined that it meets the redesignation
criteria set forth in section 107(d)(3)(E) of the Clean Air Act. EPA
believes that the redesignation request and monitoring data demonstrate
that the area has attained the 1997 8-hour ozone standard. The final
approval of this redesignation request will change the designation of
the Southern NH area from nonattainment to attainment for the 1997 8-
hour ozone standard. EPA is also approving the associated ozone
maintenance plan for this area, submitted on March 2, 2012, and
supplemented on September 21, 2012, as a revision to the New Hampshire
SIP. EPA is approving the ozone maintenance plan for the area because
it meets the requirements of section 175A of the CAA. In addition, EPA
is also withdrawing the previously SIP-approved 2009 MVEBs prepared
with the MOBILE6.2 model and approving the 2008 and 2022 MVEBs prepared
with the MOVES model that are associated with the ozone maintenance
plan. Finally, EPA is approving the 2008 comprehensive emission
inventory for the Southern NH area under CAA section 182(a)(1).

III. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA 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 CAA.
These actions do not impose additional requirements beyond those
imposed by state law and the CAA. For that reason, these actions:
     Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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 redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on tribes, impact any existing sources of air pollution on tribal
lands, nor impair the maintenance of ozone national ambient air quality
standards in tribal lands.
    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. 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).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 1, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: December 27, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--[APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart EE--New Hampshire

0
2. Section 52.1534 is amended by adding paragraph (i) to read as
follows:

Sec.  52.1534  Control strategy: Ozone.

* * * * *
    (i) Approval--EPA is approving a redesignation request for the
Boston-Manchester-Portsmouth (SE), New Hampshire moderate 1997 8-hour
ozone nonattainment area. New Hampshire submitted this request on March
2, 2012, and supplemented this submittal on September 21, 2012. As part
of the redesignation request, the State submitted a maintenance plan as
required by section 175A of the Clean Air Act. Elements of the section
175 maintenance plan include a contingency plan and an obligation to
submit a subsequent maintenance plan revision as required by the Clean
Air Act. The ozone maintenance plan also establishes 2008 and 2022
Motor Vehicle Emission Budgets (MVEBs) for the area. New Hampshire is
establishing 2008 MVEBs of 17.8 tons per summer weekday (tpswd) of VOC
and 37.2 tpswd of NOX, for the Boston-Manchester-Portsmouth
(SE), New Hampshire 1997 8-hour ozone maintenance area. In addition,
New Hampshire is establishing MVEBs for 2022 at 9.2 tpswd of VOC and
11.8 tpswd of NOX, for the same area. The 2008 and 2022
MVEBs were prepared with the MOVES model. Previously SIP-approved 2009
MVEBs prepared with MOBILE6.2 are being withdrawn. Finally, EPA is also
approving a comprehensive 2008 emission inventory for this area.

PART 81--[DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES]

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. Section 81.330 is amended by revising the entry for the Boston-
Manchester-Portsmouth (SE), in the New Hampshire 1997 8-hour Ozone
NAAQS (Primary and Secondary) table to read as follows:

Sec.  81.330  New Hampshire

* * * * *

                         New Hampshire--1997 8-Hour Ozone NAAQS (Primary and Secondary)
----------------------------------------------------------------------------------------------------------------
                                                       Designation \a\               Category/Classification
               Designated area               -------------------------------------------------------------------
                                                Date \1\           Type           Date \1\           Type
----------------------------------------------------------------------------------------------------------------
Boston-Manchester-Portsmouth (SE), NH:
    Hillsborough County (part) Amherst Town,     3/4/2013  Attainment
     Bedford Town, Brookline Town, Goffstown
     Town, Hollis Town, Hudson Town,
     Litchfield Town, Manchester City,
     Merrimack Town, Milford Town, Nashua
     City, Pelham Town.
    Merrimack County (part) Hooksett Town...     3/4/2013  Attainment
    Rockingham County (part) Atkinson Town,      3/4/2013  Attainment
     Auburn Town, Brentwood Town, Candia
     Town, Chester Town, Danville Town,
     Derry Town, E. Kingston Town, Epping
     Town, Exeter Town, Fremont Town,
     Greenland Town, Hampstead Town, Hampton
     Town, Hampton Falls Town, Kensington
     Town, Kingston Town, Londonderry Town,
     New Castle Town, Newfields Town,
     Newington Town, Newmarket Town, Newton
     Town, North Hampton Town, Plaistow
     Town, Portsmouth City, Raymond Town,
     Rye Town, Salem Town, Sandown Town,
     Seabrook Town, South Hampton Town,
     Stratham Town, Windham Town.
    Strafford County (part) Dover City,          3/4/2013  Attainment
     Durham Town, Rochester City,
     Rollinsford Town, and Somersworth City.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian country located in each county or area, except otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
[FR Doc. 2013-00182 Filed 1-30-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Proposed Rules]
[Page 25797]
[DOCID:fr10my10-16]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0290; FRL-9142-8]

Approval and Promulgation of Air Quality Implementation Plans;
Ohio; General Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve a request submitted by the Ohio
Environmental Protection Agency (Ohio EPA) on March 17, 2009, to revise
the Ohio State Implementation Plan (SIP) under the Clean Air Act (CAA).
The State has submitted revisions to rules for approval under Chapter
3745-15, ``General Provisions,'' of the Ohio Administrative Code (OAC).
The State's revisions to OAC 3745-15-01 include adoption of the Federal
definition and citation of the CAA, and the revisions to OAC 3745-15-05
include clarifications for exemptions and new requirements for sources
regulated under Title V.

DATES: Comments must be received on or before June 9, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2009-0290, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Jay Bortzer, Chief, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
    5. Hand Delivery: Jay Bortzer, Chief, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Such deliveries are only accepted during the
Regional Office normal hours of operation, and special arrangements
should be made for deliveries of boxed information. The Regional Office
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding Federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Andy Chang, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because EPA views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period; therefore, any
parties interested in commenting on this action should do so at this
time. 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. For
additional information, see the direct final rule which is located in
the Rules section of this Federal Register.

    Dated: April 19, 2010.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. 2010-10835 Filed 5-7-10; 8:45 am]
BILLING CODE 6560-50-P