[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Rules and Regulations]
[Pages 53926-53929]
[FR Doc No: 2016-19123]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2012-0865; A-1-FRL-9950-60-Region 1]

Air Plan Approval; NH; Control of Volatile Organic Compound
Emissions From Minor Core Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire on October 4, 2012. The revision clarifies Reasonably
Available Control Technology (RACT) requirements as they apply to minor
core activities of volatile organic compound (VOC) sources. The
intended effect of this action is to approve these requirements into
the New Hampshire SIP. This action is being taken in accordance with
the Clean Air Act.

DATES: This direct final rule will be effective October 14, 2016,
unless EPA receives adverse comments by September 14, 2016. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2012-0865 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include

discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the Web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the ``For Further Information Contact'' section. For the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2),
Boston, MA 02109-3912, tel.<PHONE_NUMBER>, fax<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. What action is EPA taking?
II. What is the background for this action?
III. What is EPA's evaluation of New Hampshire's submittal?
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving, and incorporating into the New Hampshire SIP,
revised sections of New Hampshire's Chapter Env-A 1200 ``Volatile
Organic Compounds (VOCs) Reasonably Available Control Technology
(RACT),'' submitted by the New Hampshire Department of Environmental
Services (NH DES) to EPA as a SIP revision on October 4, 2012.
Specifically, EPA is approving New Hampshire's revised Env-A 1201.04
``Exemptions: Conditions,'' revised Env-A 1203.38 definition of ``minor
core activity,'' and revised Env-A 1222.01 ``Applicability Criteria for
Miscellaneous and Multicategory Stationary VOC Sources.''

II. What is the background for this action?

    EPA has established, and periodically reviews and revises, the
National Ambient Air Quality Standard (NAAQS) for ground-level ozone.
On March 27, 2008 (73 FR 16436), EPA published a final rule for a new
8-hour ozone standard of 0.075 parts per million (ppm). On May 21, 2012
(77 FR 30088), EPA designated areas for the 2008 ozone NAAQS and
designated New Hampshire as Unclassifiable/Attainment for the 2008
ozone NAAQS. Subsequently, EPA revised the ozone NAAQS on October 26,
2015 (80 FR 65292). EPA has not yet, however, issued designations for
the 2015 ozone NAAQS.
    New Hampshire is also part of the Ozone Transport Region (OTR)
under Section 184(a) of the Clean Air Act (CAA). Sections 182(b)(2) and
184 of the CAA compel states with moderate and above ozone
nonattainment areas, as well as areas in the OTR respectively, to
submit a SIP revision requiring the implementation of RACT for sources
covered by a Control Techniques Guideline (CTG) and for all major
sources. A CTG is a document issued by EPA which establishes a
``presumptive norm'' for RACT for a specific VOC source category.

III. What is EPA's evaluation of New Hampshire's submittal?

    EPA previously approved New Hampshire's Env-A 1200 on November 8,
2012 (77 FR 66921). New Hampshire's October 4, 2012 submittal includes
revisions to three sections of this regulation.
    Revised Env-A 1201.04 extends by one year, from June 1, 2012 until
May 31, 2013, the option for a source to voluntarily restrict their
emissions to remain below the relevant applicability threshold and thus
not be subject to certain requirements. Specifically, this option
applies to newly regulated source categories added to Env-A 1200 on
June 1, 2011. The process shall be exempt if the owner or operator
files an application for a permit before May 31, 2013 and accepts an
enforceable permit that limits emissions below the relevant
applicability threshold and contains the necessary testing and
recordkeeping and reporting requirements to demonstrate compliance.
    Revised Env-A 1203.38 clarifies the definition of ``minor core
activity'' as any core activity at a stationary source for which the
VOC emissions from processes and devices are less than the relevant
RACT threshold and less than 5 tons per consecutive 12-month period.
The interpretation of the definition did not change but rather the
language was revised to make the definition clearer.
    Lastly, in revised Env-A 1222.01, a prior exemption for minor core
activities has been removed. Previously, minor core activities with VOC
emissions less than 5 tons per consecutive 12 month period were exempt
from New Hampshire's Env-A 1222 emission control and recordkeeping
requirements. In the revised regulations, minor core activities are
considered in a source's applicability determination and thus, may be
subject to the emission control and recordkeeping requirements in Env-A
1222.
    The three revisions discussed above serve to clarify the existing
regulation and are not intended to significantly impact its original
interpretation. New Hampshire's Env-A 1200 VOC RACT regulation remains
consistent with the Clean Air Act and EPA guidance. Therefore, the
revised provisions satisfy the anti-back sliding requirements in
Section 110(l) of the CAA and EPA is approving these revised provisions
into the New Hampshire SIP.

IV. Final Action

    EPA is approving, and incorporating into the New Hampshire SIP,
revised sections of New Hampshire's Chapter Env-A 1200, ``Volatile
Organic Compounds (VOCs) Reasonably Available Control Technology
(RACT),'' submitted on October 4, 2012. Specifically, EPA is approving
New Hampshire's revised Env-A 1201.04 ``Exemptions: Conditions,''
revised Env-A 1203.38 definition of ``minor core activity,'' and
revised Env-A 1222.01 ``Applicability Criteria for Miscellaneous and
Multicategory Stationary VOC Sources.''
    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective October
14, 2016 without further notice unless the Agency receives relevant
adverse comments by September 14, 2016.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on October 14, 2016 and no further action will
be taken on the proposed rule. 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.

V. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the State
of New Hampshire regulations described in the amendments to 40 CFR part
52 set forth below. The EPA has made, and will continue to make, these
documents generally available electronically through http://www.regulations.gov.

VI. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 14, 2016. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 1, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--[AMENDED]

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. In Sec.  52.1520(c), the table is amended by revising the entry for
``Env-A 1200'' to read as follows:

Sec.  52.1520  Identification of plan.

* * * * *
    (c) * * *

                                     EPA-Approved New Hampshire Regulations
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                                                            State        EPA approval date
         State citation              Title/subject     effective date           \1\              Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Env-A 1200.....................  Volatile Organic            6/1/2011  8/15/2016 [Insert     Revised sections
                                  Compounds (VOCs)                      Federal Register      1201.04, 1203.38,
                                  Reasonably                            citation].            and 1222.01
                                  Available Control                                           approved in this
                                  Technology (RACT).                                          action.

                                                  * * * * * * *
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\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

* * * * *
[FR Doc. 2016-19123 Filed 8-12-16; 8:45 am]
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[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17766-17767]
[FR Doc No: 2016-07139]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Transportation Research and Development Strategic Plan

AGENCY: Office of the Assistant Secretary for Research and Technology
(OST-R), Department of Transportation (DOT).

ACTION: Request for Information (RFI).

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SUMMARY: Section 6019 of the Fixing America's Surface Transportation
Act (FAST Act; Pub. L. 114-94; December 4, 2015; codified at 49 U.S.C.
6503) requires that the Secretary develop a 5-year transportation
research and development strategic plan to guide future Federal
transportation research and development activities. The FAST Act states
that the strategic plan shall ``describe how the plan furthers the
primary purpose of the transportation research and development program.

DATES: Comments must be received by April 29, 2016.

ADDRESSES: To ensure that you do not duplicate your docket submissions,
please submit them by only one of the following means:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting
comments.
     Mail: U.S. Department of Transportation, Dockets
Management Facility, Room W12-140, 1200 New Jersey Ave. SE.,
Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Ave. SE., between 9 a.m. 5 p.m., Monday through Friday,
except Federal holidays. The telephone number is<PHONE_NUMBER>.
    All comments must include the docket number DOT-OST-2016-0044 at
the beginning of the submission. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.

FOR FURTHER INFORMATION CONTACT: Aaron Jette, Community Planner, U.S.
DOT Volpe Center, Attn: Aaron Jette; Office 460; 55 Broadway,
Cambridge, MA 02142. Telephone<PHONE_NUMBER> or Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The FAST Act states that the strategic plan
shall ``describe how the plan furthers the primary purpose of the
transportation research and development program, which shall include--
    (A) Improving mobility of people and goods;
    (B) Reducing congestion;

    (C) Promoting safety;
    (D) Improving the durability and extending the life of
transportation infrastructure;
    (E) Preserving the environment;
    (F) Preserving the existing transportation system.''
    The FAST Act also requires that the strategic plan take into
account research and development by other Federal, State, local,
private sector and non-profit institutions.
    The Office of the Assistant Secretary for Research and Technology
invites the public to provide comments to inform the development of the
5-year strategic plan for transportation Research, Development and
Technology (RD&T). Comments should regard appropriate RD&T activities
to meet the purposes and considerations listed in the FAST Act and/or
emerging RD&T challenges, opportunities, and priorities that U.S. DOT
RD&T should address over the next five years. In particular, comments
may respond to any or all of the following questions:
    1. What research strategies and priorities should the U.S. DOT
adopt to achieve the primary purposes cited in the FAST Act?
    2. How can the issues raised in the U.S. DOT document ``Beyond
Traffic 2045: Trends and Choices'' be strategically addressed by RD&T
activities over the next five years?
    3. What emerging challenges or opportunities in transportation
warrant additional Federal RD&T activities or investments?
    4. What current and planned RD&T activities sponsored by the
federal government should be continued or revised in the future?
    5. What strategies could improve the cost-effectiveness of U.S. DOT
research investments?
    6. How can U.S. DOT best coordinate its RD&T activities with
Federal, State, local, private sector, non-profit institutions, and
international partners?
    7. What knowledge gaps merit additional exploration by the USDOT?
    For information about current U.S. DOT RD&T activities please visit
the Department's Web site at: https://www.transportation.gov/research-and-statistics.
    The U.S. DOT RD&T Strategic Plan will present the Department's
strategy for responding to the trends and opportunities identified in
Beyond Traffic 2045: Trends and Choices (www.transportation.gov/BeyondTraffic). Beyond Traffic examines the long-term and emerging
trends affecting our Nation's transportation system and the
implications of those trends. It describes how demographic and economic
trends, as well as changes in technology, governance, and our climate
are affecting how people and goods travel today, and how they could
affect travel in the future. Beyond Traffic provides a framework for
identifying U.S. DOT RD&T priorities that will advance technologies and
inform decisions regarding how we move, how we move things, how we move
better, how we adapt, and how we align decisions and dollars.

    Issued in Washington, DC, on March 23, 2016.
Gregory D. Winfree,
Assistant Secretary for Research and Technology.
[FR Doc. 2016-07139 Filed 3-29-16; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Page 54766]
[FR Doc No: 2011-22520]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14063-000]

Amnor Hydro West Inc.; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On January 24, 2011, and supplemented on April 25, 2011, May 3,
2011, July 6, 2011, and August 6, 2011, Amnor Hydro West Inc. (Amnor or
applicant) filed an application for a preliminary permit, pursuant to
section 4(f) of the Federal Power Act (FPA), proposing to study the
feasibility of constructing the Hiram M. Chittenden Lock and Dam
Hydroelectric Project (Hiram Dam Project or project) located at the
Hiram M. Chittenden Lock and Dam facility owned and operated by the
U.S. Army Corps of Engineers (Corps). The project would be located on
Salmon Bay near Seattle in King County, Washington. The sole purpose of
a preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed project would include: (1) Three new intake structures
and a new powerhouse integral with three of the six gates of the Corps'
lock and dam facility; (2) three new axial turbine/generator units with
a combined capacity of 5 megawatts with a design head of 26 feet; (3) a
new tailrace exhaust apron returning flows to Salmon Bay; (4) a new
14.7-kilovolt, 100-foot-long transmission line from the powerhouse
south to a proposed substation; and (5) appurtenant facilities. The
estimated annual generation of the project would be 17.3 gigawatt-
hours.
    Applicant Contact: Mr. Adam T. Supronik, 42 Pearsall Street, Staten
Island, New York 10305; phone:<PHONE_NUMBER>.
    FERC Contact: Patrick Murphy; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14063-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: August 26, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-22520 Filed 9-1-11; 8:45 am]
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