82_FR_21209 82 FR 21123 - Air Plan Approval; New Hampshire; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standards; Correction

82 FR 21123 - Air Plan Approval; New Hampshire; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standards; Correction

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 86 (May 5, 2017)

Page Range21123-21124
FR Document2017-09028

The Environmental Protection Agency (EPA) published a final rule approving a New Hampshire's State Implementation Plan (SIP) submissions that addressed infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 sulfur dioxide (SO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS) in the Federal Register on July 8, 2016. An error in the nonregulatory table in New Hampshire's SIP is identified and corrected in this action.

Federal Register, Volume 82 Issue 86 (Friday, May 5, 2017)
[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Rules and Regulations]
[Pages 21123-21124]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09028]


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

40 CFR Part 52

[EPA-R01-OAR-2012-0950; FRL-9959-68-Region 1]


Air Plan Approval; New Hampshire; Infrastructure Requirements for 
the 2010 Sulfur Dioxide National Ambient Air Quality Standards; 
Correction

AGENCY: Environmental Protection Agency, (EPA).

ACTION: Final rule; correcting amendment.

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

SUMMARY: The Environmental Protection Agency (EPA) published a final 
rule approving a New Hampshire's State Implementation Plan (SIP) 
submissions that addressed infrastructure requirements of the Clean Air 
Act (CAA or Act) for the 2010 sulfur dioxide (SO2) National 
Ambient Air Quality Standards (NAAQS) in the Federal Register on July 
8, 2016. An error in the nonregulatory table in New Hampshire's SIP is 
identified and corrected in this action.

DATES: This rule is effective May 5, 2017.

FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Manager, Air 
Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Suite 100, (OEP05-2), Boston, MA 
02109-3912, phone number (617) 918-1653, fax number (617) 918-0653, 
email [email protected].

SUPPLEMENTARY INFORMATION: EPA issued a final rule in the Federal 
Register on July 8, 2016 (81 FR 44542). An error occurred in the 
amendatory instructions to the table in 40 CFR 52.1520(e). The table 
entry for ``Infrastructure SIP for the 2010 NO2 NAAQS'' was 
unintentionally removed and later restored. This corrective action adds 
an entry for ``Infrastructure SIP for the 2010 SO2 NAAQS'' 
to the table in 40 CFR 52.1520(e), as was originally intended.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: March 16, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.

Correction

    In final rule FR Doc. 2016-15623, published in the issue of Friday, 
July 8, 2016 (81 FR 44542), make the following correction:
    On page 44553, in the third column, remove amendatory instruction 
3.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is corrected by making the following correcting amendment:

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. In Sec.  52.1520, the table in paragraph (e) is amended by adding 
the entry ``Infrastructure SIP for the 2010 SO2 NAAQS'' 
after the entry ``Infrastructure SIP for the 2010 SO2 
NAAQS'' to read as follows:


Sec.  52.1520  Identification of plan.

* * * * *
    (e) * * *

[[Page 21124]]



                                                              New Hampshire Non Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           State
     Name of nonregulatory SIP          Applicable geographic or      submittal date/          EPA approved date \3\                 Explanations
             provision                     nonattainment area         effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Infrastructure SIP for the 2010     Statewide.......................       9/13/2013  7/8/2016, 81 FR 44553.................  Approved submittal, except
 SO2 NAAQS.                                                                                                                    for certain aspects
                                                                                                                               relating to PSD which
                                                                                                                               were conditionally
                                                                                                                               approved. See 52.1519.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\3\ 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. 2017-09028 Filed 5-4-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                       Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Rules and Regulations                                               21123

                                                   (i) In the case of a Camp Lejeune                    provider against a third party, including             Office of Ecosystem Protection, U.S.
                                                family member who resided at Camp                       health-plan contracts; and                            Environmental Protection Agency, EPA
                                                Lejeune between January 1, 1957, and                      (6) Funds were appropriated to                      New England Regional Office, 5 Post
                                                December 31, 1987, for hospital care                    implement 38 U.S.C. 1787 in a sufficient              Office Square, Suite 100, (OEP05–2),
                                                and medical services received prior to                  amount to permit payment or                           Boston, MA 02109–3912, phone number
                                                the date an application for benefits is                 reimbursement.                                        (617) 918–1653, fax number (617) 918–
                                                filed per paragraph (c) of this section,                  (e) Payment or reimbursement                        0653, email McDonnell.Ida@epa.gov.
                                                the hospital care and medical services                  amounts. Payments or reimbursements
                                                                                                                                                              SUPPLEMENTARY INFORMATION: EPA
                                                must have been provided on or after                     under this section will be in amounts
                                                                                                                                                              issued a final rule in the Federal
                                                March 26, 2013, but no more than 2                      determined in accordance with this
                                                                                                                                                              Register on July 8, 2016 (81 FR 44542).
                                                years prior to the date that VA receives                paragraph (e).
                                                                                                                                                              An error occurred in the amendatory
                                                the application. The claim for payment                    (1) If a third party is partially liable
                                                                                                                                                              instructions to the table in 40 CFR
                                                or reimbursement must be received by                    for the claimed hospital care or medical
                                                                                                                                                              52.1520(e). The table entry for
                                                VA no more than 60 days after VA                        services, then VA will pay or reimburse
                                                                                                                                                              ‘‘Infrastructure SIP for the 2010 NO2
                                                approves the application;                               the lesser of the amount for which the
                                                                                                        Camp Lejeune family member remains                    NAAQS’’ was unintentionally removed
                                                   (ii) In the case of a Camp Lejeune                                                                         and later restored. This corrective action
                                                family member who resided at Camp                       personally liable or the amount for
                                                                                                        which VA would pay for such care                      adds an entry for ‘‘Infrastructure SIP for
                                                Lejeune between August 1, 1953, and                                                                           the 2010 SO2 NAAQS’’ to the table in
                                                December 31, 1956, for hospital care                    under §§ 17.55 and 17.56.
                                                                                                          (2) If VA is the sole payer for hospital            40 CFR 52.1520(e), as was originally
                                                and medical services received prior to                                                                        intended.
                                                the date an application for benefits is                 care and medical services, then VA will
                                                filed per paragraph (c) of this section,                pay or reimburse in accordance with                   List of Subjects in 40 CFR Part 52
                                                the hospital care and medical services                  §§ 17.55 and 17.56, as applicable.
                                                                                                          (The information collection                           Environmental protection, Air
                                                must have been provided on or after                                                                           pollution control, Incorporation by
                                                                                                        requirements have been submitted to
                                                December 16, 2014, but no more than 2                                                                         reference, Intergovernmental relations,
                                                                                                        OMB and are pending OMB approval.)
                                                years prior to the date that VA receives                [FR Doc. 2017–09163 Filed 5–4–17; 8:45 am]            Reporting and recordkeeping
                                                the application. The claim for payment                                                                        requirements, Sulfur oxides.
                                                                                                        BILLING CODE 8320–01–P
                                                or reimbursement must be received by
                                                                                                                                                                Dated: March 16, 2017.
                                                VA no more than 60 days after VA
                                                approves the application;                                                                                     Deborah A. Szaro,
                                                                                                        ENVIRONMENTAL PROTECTION                              Acting Regional Administrator, EPA New
                                                   (iii) For hospital care and medical
                                                                                                        AGENCY                                                England.
                                                services provided on or after the date an
                                                application for benefits is filed per                   40 CFR Part 52                                        Correction
                                                paragraph (c) of this section, the claim
                                                for payment or reimbursement must be                    [EPA–R01–OAR–2012–0950; FRL–9959–68–                    In final rule FR Doc. 2016–15623,
                                                received by VA no more than 2 years                     Region 1]                                             published in the issue of Friday, July 8,
                                                after the later of either the date of                                                                         2016 (81 FR 44542), make the following
                                                                                                        Air Plan Approval; New Hampshire;                     correction:
                                                discharge from a hospital or the date                   Infrastructure Requirements for the
                                                that medical services were rendered;                                                                            On page 44553, in the third column,
                                                                                                        2010 Sulfur Dioxide National Ambient                  remove amendatory instruction 3.
                                                   (2) The Camp Lejeune family                          Air Quality Standards; Correction
                                                member’s treating physician certifies                                                                           Part 52 of chapter I, title 40 of the
                                                that the claimed hospital care or                       AGENCY:  Environmental Protection                     Code of Federal Regulations is corrected
                                                medical services were provided for a                    Agency, (EPA).                                        by making the following correcting
                                                covered illness or condition as defined                 ACTION: Final rule; correcting                        amendment:
                                                in § 17.400(b), and provides information                amendment.
                                                                                                                                                              PART 52—APPROVAL AND
                                                about any co-morbidities, risk factors, or
                                                                                                        SUMMARY:   The Environmental Protection               PROMULGATION OF
                                                other exposures that may have
                                                                                                        Agency (EPA) published a final rule                   IMPLEMENTATION PLANS
                                                contributed to the illness or condition;
                                                                                                        approving a New Hampshire’s State
                                                   (3) VA makes the clinical finding,                                                                         ■ 1. The authority citation for part 52
                                                                                                        Implementation Plan (SIP) submissions
                                                under VA clinical practice guidelines,                                                                        continues to read as follows:
                                                                                                        that addressed infrastructure
                                                that the illness or condition did not
                                                                                                        requirements of the Clean Air Act (CAA                    Authority: 42 U.S.C. 7401 et seq.
                                                result from a cause other than the
                                                                                                        or Act) for the 2010 sulfur dioxide (SO2)
                                                residence of the family member at Camp                                                                        Subpart EE—New Hampshire
                                                                                                        National Ambient Air Quality Standards
                                                Lejeune;
                                                                                                        (NAAQS) in the Federal Register on
                                                   (4) VA would be authorized to                        July 8, 2016. An error in the                         ■  2. In § 52.1520, the table in paragraph
                                                provide the claimed hospital care or                    nonregulatory table in New Hampshire’s                (e) is amended by adding the entry
                                                medical services to a veteran under                     SIP is identified and corrected in this               ‘‘Infrastructure SIP for the 2010 SO2
                                                VA’s medical benefits package in                        action.                                               NAAQS’’ after the entry ‘‘Infrastructure
                                                § 17.38;                                                                                                      SIP for the 2010 SO2 NAAQS’’ to read
                                                   (5) The Camp Lejeune family member                   DATES: This rule is effective May 5,
                                                                                                                                                              as follows:
                                                or hospital care or medical service                     2017.
jstallworth on DSK7TPTVN1PROD with RULES




                                                provider has exhausted without success                  FOR FURTHER INFORMATION CONTACT: Ida                  § 52.1520    Identification of plan.
                                                all claims and remedies reasonably                      E. McDonnell, Manager, Air Permits,                   *       *    *      *     *
                                                available to the family member or                       Toxics, and Indoor Programs Unit,                         (e) * * *




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                                                21124                  Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Rules and Regulations

                                                                                                            NEW HAMPSHIRE NON REGULATORY
                                                                                      Applicable geographic           State submittal
                                                  Name of nonregulatory SIP             or nonattainment               date/effective       EPA approved date 3                        Explanations
                                                          provision                           area                         date


                                                          *                    *                           *                        *                     *                     *                   *
                                                Infrastructure SIP for the 2010       Statewide ...................         9/13/2013    7/8/2016, 81 FR 44553 ....   Approved submittal, except for certain
                                                   SO2 NAAQS.                                                                                                           aspects relating to PSD which were
                                                                                                                                                                        conditionally approved. See 52.1519.

                                                          *                      *                          *                       *                       *                      *                  *
                                                   3 In
                                                     order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
                                                umn for the particular provision.


                                                [FR Doc. 2017–09028 Filed 5–4–17; 8:45 am]                Division, Media Bureau,                                   2. Eleven years later, in the
                                                BILLING CODE 6560–50–P                                    Brendan.Holland@fcc.gov (202) 418–                     Telecommunications Act of 1996,
                                                                                                          2757.                                                  Congress directed the Commission to
                                                                                                                                                                 increase the national audience reach cap
                                                                                                          SUPPLEMENTARY INFORMATION:       This is a             from 25 percent to 35 percent.
                                                FEDERAL COMMUNICATIONS                                    summary of the Commission’s Order on
                                                COMMISSION                                                                                                       Subsequently, the Commission
                                                                                                          Reconsideration in MB Docket No. 13–                   reaffirmed the 35 percent national cap
                                                47 CFR Part 73                                            236, FCC 17–40, adopted April 20, 2017,                in its 1998 Biennial Review Order. The
                                                                                                          and released April 21, 2017. The full                  United States Court of Appeals for the
                                                [MB Docket No. 13–236; FCC 17–40]                         text of this document is available for                 District of Columbia later remanded the
                                                                                                          public inspection during regular                       1998 Biennial Review Order after
                                                National Television Multiple Ownership                    business hours in the FCC Reference                    finding that the decision to retain the
                                                Rule                                                      Center, 445 12th Street SW., Room CY–                  national cap was arbitrary and
                                                AGENCY:  Federal Communications                           A257, Washington, DC 20554, or online                  capricious. In addition, the court found
                                                Commission.                                               at https://www.fcc.gov/ecfs/filing/                    that the Commission failed to
                                                                                                          0426267477284. To request this                         demonstrate that the national cap
                                                ACTION: Final rule.
                                                                                                          document in accessible formats for                     advanced competition, diversity, or
                                                SUMMARY:    An Order on Reconsideration                   people with disabilities (e.g. braille,                localism. In the 2002 Biennial Review
                                                reinstates the UHF discount, which                        large print, electronic files, audio                   Order, the Commission determined the
                                                allows commercial broadcast television                    format, etc.) or to request reasonable                 cap should be raised to 45 percent. In
                                                station owners to discount the audience                   accommodations (e.g. accessible format                 both of these Orders, the Commission
                                                reach of their UHF stations when                          documents, sign language interpreters,                 also considered and retained the UHF
                                                calculating compliance with the                           CART, etc.), send an email to fcc504@                  discount.
                                                national television ownership rule. With                  fcc.gov or call the FCC’s Consumer and                    3. Following adoption of the 2002
                                                the reinstatement of the discount, the                    Governmental Affairs Bureau at (202)                   Biennial Review Order and while an
                                                Commission will commence a                                418–0530 (voice), (202) 418–0432                       appeal of that order was pending,
                                                proceeding later this year to consider                    (TTY).                                                 Congress revised the cap by including a
                                                whether the national television                                                                                  provision in the 2004 Consolidated
                                                                                                          Synopsis                                               Appropriations Act (CAA) directing the
                                                audience reach cap, including the UHF
                                                discount, remains in the public interest.                                                                        Commission to modify its rules to set
                                                                                                            1. Background. In 1985, when the                     the cap at 39 percent of national
                                                The Order on Reconsideration finds that                   Commission revised the national
                                                the UHF discount is inextricably linked                                                                          television households. The CAA further
                                                                                                          television multiple ownership rule to                  amended Section 202(h) of the 1996 Act
                                                to the national cap, and when the                         prohibit a single entity from owning                   to require a quadrennial review of the
                                                Commission voted previously to                            television stations that collectively                  Commission’s broadcast ownership
                                                eliminate the discount, it failed to                      exceeded 25 percent of the total                       rules, rather than the previously
                                                consider whether this de facto                            nationwide audience, it also adopted a                 mandated biennial review. In doing so,
                                                tightening of the national cap was in the                 50 percent UHF discount to reflect the                 Congress excluded consideration of any
                                                public interest and justified by current                  coverage limitations faced by analog                   rules relating to the 39 percent national
                                                marketplace conditions. The Order on                      UHF stations. The discount was                         audience reach limitation from the
                                                Reconsideration grants in part the                        intended to mitigate the competitive                   quadrennial review requirement.
                                                Petition for Reconsideration (Petition)                   disadvantage that UHF stations suffered                   4. Prior to the enactment of the CAA,
                                                filed by ION Media Networks and                           in comparison to VHF stations, as UHF                  several parties had appealed the
                                                Trinity Christian Center of Santa Ana,                    stations were technically inferior,                    Commission’s 2002 Biennial Review
                                                Inc. (Petitioners), and dismisses as moot                 producing weaker over-the-air signals,                 Order to the U.S. Court of Appeals for
                                                requests to reconsider the                                reaching smaller audiences, and costing                the Third Circuit (Third Circuit). In June
                                                grandfathering provisions applicable to
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                          more to build and operate. This                        2004, the Third Circuit found that the
                                                broadcast station combinations affected                   technical inferiority, inherent in analog              challenges to the Commission’s actions
                                                by elimination of the discount and the                    television broadcasting, was significant               with respect to the national audience
                                                decision to forego a VHF discount.                        in 1985 because the vast majority of                   reach cap and the UHF discount were
                                                DATES: Effective June 5, 2017.                            viewers received programming from                      moot as a result of Congress’s action.
                                                FOR FURTHER INFORMATION CONTACT:                          broadcast television stations via over-                Specifically, the court held that the
                                                Brendan Holland, Industry Analysis                        the-air signals.                                       CAA rendered moot the challenges to


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Document Created: 2018-11-08 08:40:09
Document Modified: 2018-11-08 08:40:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correcting amendment.
DatesThis rule is effective May 5, 2017.
ContactIda E. McDonnell, Manager, Air Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100, (OEP05-2), Boston, MA 02109-3912, phone number (617) 918-1653, fax number (617) 918-0653, email [email protected]
FR Citation82 FR 21123 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Oxides

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