63156 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Proposed Rules 

October 14, 2016. The Department 

believes that this additional 30 days will 

provide the public with a sufficient 

opportunity to provide comments on 

this NPRM. Given the importance of 

ensuring that its regulations conform to 

section 274B of the INA, the Department 

seeks to continue moving this 

rulemaking forward. Comments on the 

NPRM should be provided by October 

14, 2016, via the methods described 

above. 

Dated: September 7, 2016. 

Vanita Gupta, 

Principal Deputy Assistant Attorney General. 

[FR Doc. 2016–21937 Filed 9–13–16; 8:45 am] 

BILLING CODE 4410–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2016–0441; A–1–FRL– 

9952–10–Region I] 

Air Plan Approval; VT; Prevention of 

Significant Deterioration, PM2.5

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of 

Vermont. The revision sets the amount 

of PM2.5 increment sources are 

permitted to consume when obtaining a 

prevention of significant deterioration 

(PSD) preconstruction permit and 

requires PM2.5 emission offsets under 

certain circumstances. This action is 

being taken in accordance with the 

Clean Air Act. 

DATES: Written comments must be 

received on or before October 14, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2016–0441 at http://

www.regulations.gov, or via email to 

mcdonnell.ida@epa.gov. 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: 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 McDonnell.Ida@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules Section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency 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 action 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. 

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: August 8, 2016. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2016–21880 Filed 9–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 97 

[FRL–9952–26–OAR] 

Allocations of Cross-State Air 

Pollution Rule Allowances From New 

Unit Set-Asides for 2016 Control 

Periods 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of data availability 

(NODA). 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice of the 

availability of preliminary lists of units 

eligible for allocations of emission 

allowances under the Cross-State Air 

Pollution Rule (CSAPR). Under the 

CSAPR federal implementation plans 

(FIPs), portions of each covered state’s 

annual emissions budgets for each of the 

four CSAPR emissions trading programs 

are reserved for allocation to electricity 

generating units that commenced 

commercial operation on or after 

January 1, 2010 (new units) and certain 

other units not otherwise obtaining 

allowance allocations under the FIPs. 

The quantities of allowances allocated 

to eligible units from each new unit setaside (NUSA) under the FIPs are 

calculated in an annual one- or tworound allocation process. EPA 

previously completed the first round of 

NUSA allowance allocations for the 

2016 control periods for all four CSAPR 

trading programs and is now making 

available preliminary lists of units 

eligible for allocations in the second 

round of the NUSA allocation process 

for the CSAPR NOX Ozone Season 

Trading Program. EPA has posted a 

spreadsheet containing the preliminary 

lists on EPA’s Web site. EPA will 

consider timely objections to the lists of 

eligible units contained in the 

spreadsheet and will promulgate a 

notice responding to any such 

objections no later than November 15, 

2016, the deadline for recording the 

second-round allocations of CSAPR 

NOX Ozone Season allowances in 

sources’ Allowance Management 

System accounts. This notice may 

concern CSAPR-affected units in the 

following states: Alabama, Arkansas, 

Florida, Georgia, Illinois, Indiana, Iowa, 

Kentucky, Louisiana, Maryland, 

Michigan, Mississippi, Missouri, New 

Jersey, New York, North Carolina, Ohio, 

Oklahoma, Pennsylvania, South 

Carolina, Tennessee, Texas, Virginia, 

West Virginia, and Wisconsin. 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Proposed Rules 63157 

1The latest spreadsheet of CSAPR FIP allowance 

allocations to existing units, updated in 2014 to 

reflect changes to CSAPR’s implementation 

schedule but with allocation amounts unchanged 

since June 2012, is available at http://www.epa.gov/ 

crossstaterule/actions.html. See Availability of Data 

on Allocations of Cross-State Air Pollution Rule 

Allowances to Existing Electricity Generating Units, 

79 FR 71674 (December 3, 2014). 

2The NUSA amounts range from two percent to 

eight percent of the respective state budgets. The 

variation in percentages reflects differences among 

states in the quantities of emission allowances 

projected to be required by known new units at the 

time the budgets were set or amended. 

3 81 FR 33636 (May 27, 2016); 81 FR 50630 

(August 2, 2016). 

4At this time, EPA is not aware of any unit 

eligible for a second-round allocation from any 

Indian country NUSA. 

5The quantities of allowances to be allocated 

through the NUSA allowance allocation process 

may differ slightly from the NUSA amounts set 

forth in §§ 97.410(a), 97.510(a), 97.610(a), and 

97.710(a) because of rounding in the spreadsheet of 

CSAPR FIP allowance allocations to existing units. 6See 40 CFR 97.511(c). 

DATES: Objections to the information 

referenced in this notice must be 

received on or before October 14, 2016. 

ADDRESSES: Submit your objections via 

email to CSAPR_NUSA@epa.gov. 

Include ‘‘2016 NUSA allocations’’ in the 

email subject line and include your 

name, title, affiliation, address, phone 

number, and email address in the body 

of the email. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning this action should 

be addressed to Robert Miller at (202) 

343–9077 or miller.robertl@epa.gov or 

Kenon Smith at (202) 343–9164 or 

smith.kenon@epa.gov. 

SUPPLEMENTARY INFORMATION: Under the 

CSAPR FIPs, the mechanisms by which 

initial allocations of emission 

allowances are determined differ for 

‘‘existing’’ and ‘‘new’’ units. For 

‘‘existing’’ units—that is, units 

commencing commercial operation 

before January 1, 2010—the specific 

amounts of CSAPR FIP allowance 

allocations for all control periods have 

been established through rulemaking. 

EPA has announced the availability of 

spreadsheets showing the CSAPR FIP 

allowance allocations to existing units 

in previous notices.1

‘‘New’’ units—that is, units 

commencing commercial operation on 

or after January 1, 2010—as well as 

certain older units that would not 

otherwise obtain FIP allowance 

allocations do not have pre-established 

allowance allocations. Instead, the 

CSAPR FIPs reserve a portion of each 

state’s total annual emissions budget for 

each CSAPR emissions trading program 

as a new unit set-aside (NUSA) 2 and 

establish an annual process for 

allocating NUSA allowances to eligible 

units. States with Indian country within 

their borders have separate Indian 

country NUSAs. The annual process for 

allocating allowances from the NUSAs 

and Indian country NUSAs to eligible 

units is set forth in the CSAPR 

regulations at 40 CFR 97.411(b) and 

97.412 (NOX Annual Trading Program), 

97.511(b) and 97.512 (NOX Ozone 

Season Trading Program), 97.611(b) and 

97.612 (SO2 Group 1 Trading Program), 

and 97.711(b) and 97.712 (SO2 Group 2 

Trading Program). Each NUSA 

allowance allocation process involves 

up to two rounds of allocations to new 

units followed by the allocation to 

existing units of any allowances not 

allocated to new units. EPA provides 

public notice at certain points in the 

process. 

EPA has already completed the first 

round of allocations of 2016 NUSA 

allowances for all four CSAPR trading 

programs, as announced in notices 

previously published in the Federal 

Register.3 The first-round NUSA 

allocation process was discussed in 

those previous notices. 

In the case of second-round 

allocations of NUSA allowances, the 

annual allocations for the CSAPR NOX

Ozone Season Trading Program occur 

before the annual allocations for the 

other three CSAPR trading programs 

because of differences in the emissions 

reporting and compliance deadlines for 

the various programs. This notice 

concerns the second round of NUSA 

allowance allocations for the CSAPR 

NOx Ozone Season Trading Program for 

the 2016 control period.4

The units eligible to receive secondround NUSA allocations for the CSAPR 

NOX Ozone Season Trading Program are 

defined in §§ 97.511(a)(1)(iii) and 

97.512(a)(9)(i). Generally, eligible units 

include any CSAPR-affected unit that 

commenced commercial operation 

between May 1 of the year before the 

control period in question and August 

31 of the year of the control period in 

question. In the case of the 2016 control 

period, an eligible unit therefore must 

have commenced commercial operation 

between May 1, 2015 and August 31, 

2016 (inclusive). 

The total quantity of allowances to be 

allocated through the 2016 NUSA 

allowance allocation process for each 

state and emissions trading program—in 

the two rounds of the allocation process 

combined—is generally the state’s 2016 

emissions budget less the sum of (1) the 

total of the 2016 CSAPR FIP allowance 

allocations to existing units and (2) the 

amount of the 2016 Indian country 

NUSA, if any.5 The amounts of CSAPR 

NOX Ozone Season NUSA allowances 

may be increased in certain 

circumstances as set forth in 

§ 97.512(a)(2). 

Second-round NUSA allocations for a 

given state, trading program, and control 

period are made only if the NUSA 

contains allowances after completion of 

the first-round allocations. 

The amounts of second-round CSAPR 

NOX Ozone Season allowance 

allocations to eligible new units from 

each NUSA are calculated according to 

the procedures set forth in 

§ 97.512(a)(9), (10) and (12). Generally, 

the procedures call for each eligible unit 

to receive a second-round 2016 NUSA 

allocation equal to the positive 

difference, if any, between its emissions 

during the 2016 NOX ozone season (i.e., 

May 1, 2016 through September 30, 

2016) as reported under 40 CFR part 75 

and any first-round allocation the unit 

received, unless the total of such 

allocations to all eligible units would 

exceed the amount of allowances in the 

NUSA, in which case the allocations are 

reduced on a pro-rata basis. 

Any allowances remaining in the 

CSAPR NOX Ozone Season NUSA for a 

given state and control period after the 

second round of NUSA allocations to 

new units will be allocated to the 

existing units in the state according to 

the procedures set forth in 

§ 97.512(a)(10) and (12). 

EPA notes that an allocation or lack 

of allocation of allowances to a given 

EGU does not constitute a determination 

that CSAPR does or does not apply to 

the EGU. EPA also notes that allocations 

are subject to potential correction if a 

unit to which NUSA allowances have 

been allocated for a given control period 

is not actually an affected unit as of the 

start of that control period.6

The preliminary lists of units eligible 

for second-round 2016 NUSA 

allocations of CSAPR NOX Ozone 

Season allowances are set forth in an 

Excel spreadsheet titled ‘‘CSAPR_

NUSA_2016_NOx_OS_2nd_Round_

Prelim_Data’’ available on EPA’s Web 

site at http://www.epa.gov/ 

crossstaterule/actions.html. The 

spreadsheet contains a separate 

worksheet for each state covered by that 

program showing each unit 

preliminarily identified as eligible for a 

second-round NUSA allocation. 

Each state worksheet also contains a 

summary showing (1) the quantity of 

allowances initially available in that 

state’s 2016 NUSA, (2) the sum of the 

2016 NUSA allowance allocations that 

were made in the first-round to new 

units in that state (if any), and (3) the 

quantity of allowances in the 2016 

NUSA available for distribution in 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
63158 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Proposed Rules 

second-round allocations to new units 

(or ultimately for allocation to existing 

units). 

Objections should be strictly limited 

to whether EPA has correctly identified 

the new units eligible for second-round 

2016 NUSA allocations of CSAPR NOX

Ozone Season allowances according to 

the criteria described above and should 

be emailed to the address identified in 

ADDRESSES. Objections must include: (1) 

Precise identification of the specific 

data the commenter believes are 

inaccurate, (2) new proposed data upon 

which the commenter believes EPA 

should rely instead, and (3) the reasons 

why EPA should rely on the 

commenter’s proposed data and not the 

data referenced in this notice. 

Authority: 40 CFR 97.511(b). 

Dated: September 7, 2016. 

Reid P. Harvey, 

Director, Clean Air Markets Division, Office 

of Atmospheric Programs, Office of Air and 

Radiation. 

[FR Doc. 2016–22090 Filed 9–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2015–0392; FRL–9952–39– 

OW] 

RIN 2040–AF61 

Water Quality Standards; 

Establishment of Revised Numeric 

Criteria for Selenium for the San 

Francisco Bay and Delta, State of 

California; Extension of Public 

Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is extending the comment 

period for the proposed rule, ‘‘Water 

Quality Standards; Establishment of 

Revised Numeric Criteria for Selenium 

for the San Francisco Bay and Delta, 

State of California.’’ In response to 

stakeholder requests, EPA is extending 

the comment period for an additional 45 

days, from September 13, 2016, to 

October 28, 2016. 

DATES: The comment period for the 

proposed rule that published on July 15, 

2016 (81 FR 46030) has been extended. 

Comments must be received on or 

before October 28, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2015–0392, to the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. 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, 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: 

Julianne McLaughlin, Office of Water, 

Standards and Health Protection 

Division (4305T), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460; 

telephone number: (202) 566–2542; 

email address: Mclaughlin.Julianne@

epa.gov; or Diane E. Fleck, P.E., Esq., 

Water Division (WTR–2–1), U.S. 

Environmental Protection Agency 

Region 9, 75 Hawthorne Street, San 

Francisco, CA 94105; telephone number 

(415) 972–3527; email address: 

Fleck.Diane@EPA.gov. 

SUPPLEMENTARY INFORMATION: On July 

15, 2016, EPA published the proposed 

rule, ‘‘Water Quality Standards; 

Establishment of Revised Numeric 

Criteria for Selenium for the San 

Francisco Bay and Delta, State of 

California’’ in the Federal Register (81 

FR 46030). EPA proposes to revise the 

current federal Clean Water Act 

selenium water quality criteria 

applicable to the San Francisco Bay and 

Delta to ensure that the criteria are set 

at levels that protect aquatic life and 

aquatic-dependent wildlife, including 

federally listed threatened and 

endangered species. 

The original deadline to submit 

comments on the proposed rule was 

September 13, 2016. This action extends 

the comment period for 45 days. Written 

comments must now be received on or 

before October 28, 2016. 

For more information on this 

proposed rule, please visit https://

epa.gov/wqs-tech/water-qualitystandards-establishment-revisednumeric-criteria-selenium-sanfrancisco-bay. 

Dated: September 7, 2016. 

Michael H. Shapiro, 

Deputy Assistant Administrator, Office of 

Water. 

[FR Doc. 2016–22087 Filed 9–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 49 

[FAR Case 2015–039; Docket No. 2015– 

0039, Sequence No. 1] 

RIN 9000–AN26 

Federal Acquisition Regulation: Audit 

of Settlement Proposals 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and the National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to raise 

the dollar threshold requirement for the 

audit of prime contract settlement 

proposals and subcontract settlements 

from $100,000 to $750,000. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at one of the 

addresses shown below on or before 

November 14, 2016 to be considered in 

the formation of the final rule. 

ADDRESSES: Submit comments in 

response to FAR case 2015–039 by any 

of the following methods: 

• Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching for ‘‘FAR Case 2015–039’’. 

Select the link ‘‘Comment Now’’ that 

corresponds with ‘‘FAR Case 2015– 

039.’’ Follow the instructions provided 

on the screen. Please include your 

name, company name (if any), and 

‘‘FAR Case 2015–039’’ on your attached 

document. 

• Mail: General Services 

Administration, Regulatory Secretariat 

Division (MVCB), ATTN: Ms. Flowers, 

1800 F Street NW., 2nd Floor, 

Washington, DC 20405. 

Instructions: Please submit comments 

only and cite FAR Case 2015–039, in all 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS