54960 Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / Rules and Regulations 

(1) Applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the 

prescribed application fee for the highest fee category. 

(2) Applications for new licenses that cover both byproduct material and special nuclear material in sealed sources for use in gauging devices 

will pay the appropriate application fee for fee category 1.C. only. 

(b) Licensing fees. Fees for reviews of applications for new licenses, renewals, and amendments to existing licenses, preapplication consultations and other documents submitted to the NRC for review, and project manager time for fee categories subject to full cost fees are due upon 

notification by the Commission in accordance with § 170.12(b). 

(c) Amendment fees. Applications for amendments to export and import licenses must be accompanied by the prescribed amendment fee for 

each license affected. An application for an amendment to an export or import license or approval classified in more than one fee category must 

be accompanied by the prescribed amendment fee for the category affected by the amendment, unless the amendment is applicable to two or 

more fee categories, in which case the amendment fee for the highest fee category would apply. 

(d) Inspection fees. Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result 

from third-party allegations are not subject to fees. Inspection fees are due upon notification by the Commission in accordance with § 170.12(c). 

(e) Generally licensed device registrations under 10 CFR 31.5. Submittals of registration information must be accompanied by the prescribed 

fee. 2Fees will not be charged for orders related to civil penalties or other civil sanctions issued by the Commission under 10 CFR 2.202 or for 

amendments resulting specifically from the requirements of these orders. For orders unrelated to civil penalties or other civil sanctions, fees will 

be charged for any resulting licensee-specific activities not otherwise exempted from fees under this chapter. Fees will be charged for approvals 

issued under a specific exemption provision of the Commission’s regulations under Title 10 of the Code of Federal Regulations (e.g., 10 CFR 

30.11, 40.14, 70.14, 73.5, and any other sections in effect now or in the future), regardless of whether the approval is in the form of a license 

amendment, letter of approval, safety evaluation report, or other form. In addition to the fee shown, an applicant may be assessed an additional 

fee for sealed source and device evaluations as shown in fee categories 9.A. through 9.D. 3Full cost fees will be determined based on the professional staff time multiplied by the appropriate professional hourly rate established in 

§ 170.20 in effect when the service is provided, and the appropriate contractual support services expended. 

* * * * * 

Dated at Rockville, Maryland, this 3rd day 

of September, 2013. 

For the Nuclear Regulatory Commission. 

Cindy Bladey, 

Chief, Rules, Announcements, and Directives 

Branch, Division of Administrative Services, 

Office of Administration. 

[FR Doc. 2013–21796 Filed 9–6–13; 8:45 am] 

BILLING CODE 7590–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2013–0028; A–1–FRL– 

9797–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Massachusetts; Reasonably Available 

Control Technology for the 1997 

8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Massachusetts. 

These SIP revisions consist of a 

demonstration that Massachusetts meets 

the requirements of reasonably available 

control technology (RACT) for oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOC) set forth by the Clean 

Air Act with respect to the 1997 8-hour 

ozone standard. Additionally, we are 

approving updates to two existing 

regulations limiting emissions of 

volatile organic compounds. This action 

is being taken in accordance with the 

Clean Air Act. 

DATES: This rule is effective on October 

9, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2013–0028. 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, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, 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 Division of 

Air Quality Control, Department of 

Environmental Protection, One Winter 

Street, 8th Floor, Boston, MA 02108. 

FOR FURTHER INFORMATION CONTACT: Bob 

McConnell, 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, telephone number (617) 918– 

1046, fax number (617) 918–0046, email 

mcconnell.robert@epa.gov. 

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. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On February 14, 2013 (78 FR 10583), 

EPA published a Notice of Proposed 

Rulemaking (NPR) for the State of 

Massachusetts. The NPR proposed 

approval of Massachusetts’ January 31, 

2008 SIP submittal that demonstrates 

that the state has adopted air pollution 

control strategies that represent RACT 

for purposes of compliance with the 

1997 8-hour ozone standard. In 

addition, the NPR proposed approval of 

two revised regulations (and associated 

definitions) submitted by Massachusetts 

as a SIP revision on June 1, 2010: 310 

CMR 7.18(8), ‘‘Solvent Metal 

Degreasing;’’ and 310 CMR 7.24(6), 

‘‘Dispensing of Motor Vehicle Fuel.’’ 

The specific details of the January 31, 

2008 RACT demonstration and the two 

revised regulations and the rationale for 

EPA’s proposed action are explained in 

the NPR and will not be restated here. 

No public comments were received on 

the NPR. 

II. Final Action 

EPA is approving the RACT 

certification in Massachusetts’ January 

31, 2008 SIP submittal that 

demonstrates that the state has adopted 

air pollution control strategies that 

represent RACT for purposes of 

compliance with the 1997 8-hour ozone 

standard. EPA previously approved 

other portions of Massachusetts’ January 

31, 2008 SIP submittal on August 22, 

2012 (77 FR 50595), and Massachusetts 

withdrew certain other portions of the 


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Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / Rules and Regulations 54961 

submittal in a letter dated January 18, 

2013. Therefore, with today’s final 

action, EPA has completed its action on 

Massachusetts’ January 31, 2008 SIP 

submittal. Nothing more regarding this 

submittal is pending before EPA. 

In addition, we are approving two 

revised regulations submitted by 

Massachusetts on June 1, 2010: 310 

CMR 7.18(8), ‘‘Solvent Metal 

Degreasing;’’ and 310 CMR 7.24(6), 

‘‘Dispensing of Motor Vehicle Fuel.’’ 

Furthermore, we are also approving the 

following new and revised definitions 

in 310 CMR 7.00 that are associated 

with these regulations: Isolate; minor 

modification; routine maintenance; 

solvent metal degreasing; special and 

extreme solvent metal cleaning; and 

substantial modification. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not 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 the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 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 November 8, 

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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 22, 2013. 

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—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart W—Massachusetts 

■ 2. Section 52.1120 is amended by 

adding paragraph (c)(138) to read as 

follows: 

§ 52.1120 Identification of plan. 

* * * * * 

(c) * * * 

(138) Revisions to the State 

Implementation Plan submitted by the 

Massachusetts Department of 

Environmental Protection on June 1, 

2010. 

(i) Incorporation by reference. 

(A) Massachusetts Regulation 310 

CMR 7.18(8), ‘‘U Solvent Metal 

Degreasing,’’ effective on March 6, 2009. 

(B) Massachusetts Regulation 310 

CMR 7.24(6), ‘‘U Dispensing of Motor 

Vehicle Fuel,’’ effective on March 1, 

2009. 

(C) The definitions of the following 

terms contained in Massachusetts 

Regulation 310 CMR 7.00, ‘‘Statutory 

Authority; Legend; Preamble; 

Definitions,’’ effective on March 1, 2009: 

isolate; minor modification; routine 

maintenance; solvent metal degreasing; 

special and extreme solvent metal 

cleaning; substantial modification. 

■ 3. Section 52.1129 is amended by 

adding paragraph (j) to read as follows: 

§ 52.1129 Control strategy: Ozone. 

* * * * * 

(j) Approval—Reasonably Available 

Control Technology Demonstration for 

the 1997 8-hour ozone standard 

submitted by the Massachusetts 

Department of Environmental Protection 

on January 31, 2008. The revision 

consists of the state’s certification that 

with regard to the 1997 8-hour ozone 

standard, Reasonably Available Control 

Technology controls have been 

implemented for all sources in the state 

covered by EPA’s Control Techniques 

Guidelines (CTG) and for all major 

sources of volatile organic compound 

and nitrogen oxide emissions. The 


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54962 Federal Register / Vol. 78, No. 174 / Monday, September 9, 2013 / Rules and Regulations 

submittal also includes negative 

declaration for several CTG categories. 

■ 4. In § 52.1167, Table 52.1167 is 

amended by adding new entries to 

existing state citations for 310 CMR 

7.18(8) and 310 CMR 7.24(6) in order of 

‘‘Date approved by EPA’’ to read as 

follows: 

§ 52.1167 EPA-approved Massachusetts 

State regulations. 

* * * * * 

TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS

[See Notes at end of Table] 

State citation Title/subject 

Date 

submitted 

by State 

Date 

approved by 

EPA 

Federal register 

citation 52.1120(c) Comments/unapproved sections 

*******

310 CMR 

7.18(8).

Solvent Metal Degreasing .. 6/1/10 9/9/13 [Insert Federal 

Register page 

number where 

the document 

begins].

[Insert next available paragraph 

number in sequence].

*******

310 CMR 

7.24(6).

Dispensing of Motor Vehicle 

Fuel.

6/1/10 9/9/13 [Insert Federal 

Register page 

number where 

the document 

begins].

[Insert next available paragraph 

number in sequence].

*******

NOTES: 1This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this date. 2The regulations are effective statewide unless otherwise stated in comments or title section. 

[FR Doc. 2013–21618 Filed 9–6–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2012–0198; A–1–FRL– 

9900–63–Region1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; NOX Emission Trading 

Orders as Single Source SIP Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Connecticut. 

These revisions approve NOX Emission 

Trading Orders (trading orders) allowing 

facilities to create and/or use emission 

credits to comply with the NOX

emission limits required by Regulations 

of Connecticut State Agencies (RCSA) 

section 22a–174–22 (Control of Nitrogen 

Oxides). The intended effect of this 

action is to allow facilities to determine 

the most cost-effective way to comply 

with the state regulation. This action is 

being taken in accordance with the 

Clean Air Act. 

DATES: This rule is effective on October 

9, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2010–0198. All documents in the 

electronic 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, Office of 

Ecosystem Protection, Air Permits, 

Toxics and Indoor Programs Unit, 5 Post 

Office Square—Suite 100, 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. 

FOR FURTHER INFORMATION CONTACT: 

Donald Dahl, 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) 918–1657, fax number (617) 918– 

0657, email Dahl.Donald@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. What is the background for this action? 

II. What comments did EPA receive? 

III. What facilities are affected by this action? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews. 

I. What is the background for this 

action? 

On November 29, 2012 (77 FR 71140), 

EPA published a Notice of Proposed 

Rulemaking (NPR) for the State of 

Connecticut. The NPR proposed 

approval of 148 source-specific trading 

orders that allow 50 sources to trade 

emission credits in order to comply 

with state regulations for reducing 


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