Delegation of Authority to the Commonwealth of Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards, 28875-28876 [2012-11847]

Download as PDF Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Notices DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP12–340–000] srobinson on DSK4SPTVN1PROD with NOTICES Gulfstream Natural Gas System, L.L.C.; Notice of Request Under Blanket Authorization Take notice that on April 30, 2012 Gulfstream Natural Gas System, L.L.C. (Gulfstream), 2701 North Rocky Point Drive, Suite 1050, Tampa, Florida, 33607, filed in the above Docket, a prior notice request pursuant to sections 157.205, and 157.210 of the Commission’s regulations under the Natural Gas Act (NGA), for authorization to update its mainline design to reflect an increase in its total system capacity from 1,271.2 MMcfd (1,298 MDthd) to 1,278.3 MMcfd (1,300 Dthd), all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at https:// www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov or toll free at (866) 208–3676, or TTY, contact (202) 502–8659. Gulfstream will post this capacity on its electronic bulletin board as available capacity subject to approval of this Notice. Gulfstream will allocate this available capacity on a first-come, firstserved basis, in accordance with its FERC Gas Tariff. Any questions concerning this application may be directed to Lisa A. Connolly, General Manager, Rates and Certificates, Gulfstream Natural Gas System, L.L.C., 5400 Westheimer Court, P.O. Box 1642, Houston, Texas, 77251– 1642 at (713) 627–4102, or by email at laconnolly@spectraenergy.com. Any person may, within 60 days after the issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission’s Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention. Any person filing to intervene or the Commission’s staff may, pursuant to section 157.205 of the Commission’s Regulations under the Natural Gas Act (NGA) (18 CFR 157.205) file a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed VerDate Mar<15>2010 18:41 May 15, 2012 Jkt 226001 for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA. The Commission strongly encourages electronic filings of comments, protests, and interventions via the internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site (www.ferc.gov) under the ‘‘e-Filing’’ link. Dated: May 9, 2012. Kimberly D. Bose, Secretary. [FR Doc. 2012–11738 Filed 5–15–12; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9669–4] Delegation of Authority to the Commonwealth of Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards Environmental Protection Agency (EPA). ACTION: Notice of delegation of authority. AGENCY: On March 5, 2012, EPA sent the Commonwealth of Virginia (Virginia) a letter acknowledging that Virginia’s delegation of authority to implement and enforce National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) had been updated, as provided for under previously approved delegation mechanisms. To inform regulated facilities and the public of Virginia’s updated delegation of authority to implement and enforce NESHAP and NSPS, EPA is making available a copy of EPA’s letter to Virginia through this notice. DATES: On March 5, 2012, EPA sent Virginia a letter acknowledging that Virginia’s delegation of authority to implement and enforce NESHAP and NSPS had been updated. ADDRESSES: Copies of documents pertaining to this action are available for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103– 2029. Copies of Virginia’s submittal are also available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, SUMMARY: PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 28875 Virginia 23219. Copies of Virginia’s notice to EPA that Virginia has updated its incorporation by reference of Federal NESHAP and NSPS, and of EPA’s response, may also be found posted on EPA Region III’s Web site at: https:// www.epa.gov/reg3artd/airregulations/ delegate/vadelegation.htm. FOR FURTHER INFORMATION CONTACT: Ray Chalmers, (215) 814–2061, or by email at chalmers.ray@epa.gov. SUPPLEMENTARY INFORMATION: On February 16, 2012, Virginia notified EPA that Virginia has updated its incorporation by reference of Federal NESHAP and NSPS to include many such standards, as they were published in final form in the Code of Federal Regulations dated July 1, 2011. On March 5, 2012, EPA sent Virginia a letter acknowledging that Virginia now has the authority to implement and enforce the NESHAP and NSPS as specified by Virginia in its notice to EPA, as provided for under previously approved automatic delegation mechanisms. All notifications, applications, reports and other correspondence required pursuant to the delegated NESHAP and NSPS must be submitted to both the U.S. EPA Region III and to the Virginia Department of Environmental Quality. A copy of EPA’s letter to Virginia follows: ‘‘Michael G. Dowd, Director, Air Quality Division, Virginia Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, Virginia 23218. Dear Mr. Dowd: The United States Environmental Protection Agency (EPA) has previously delegated to the Commonwealth of Virginia (Virginia) the authority to implement and enforce various federal National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS), which are found at 40 CFR Parts 60, 61 and 63.1 In those actions, EPA also delegated to Virginia the authority to implement and enforce any future EPA NESHAP or NSPS on the condition that Virginia legally adopt the future standards, make only allowed wording changes, and provide specified notice to EPA. In a letter dated February 16, 2012, Virginia informed EPA that Virginia had updated its incorporation by reference of federal NESHAP and NSPS to include many such standards, as they were published in final form in the Code of Federal Regulations dated July 1, 2011. Virginia noted that its intent in updating its incorporation by reference of the NESHAP and NSPS was to retain the authority to enforce all standards included in the revisions, as per the 1 EPA has posted copies of these actions at: https:// www.epa.gov/reg3artd/airregulations/delegate/ vadelegation.htm. E:\FR\FM\16MYN1.SGM 16MYN1 28876 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Notices provisions of EPA’s previous delegation actions. Virginia committed to enforcing the federal standards in conformance with the terms of EPA’s previous delegations of authority. Virginia made only allowed wording changes. Virginia provided copies of its revised regulations specifying the NESHAP and NSPS which Virginia has adopted by reference. These revised regulations are entitled 9 VAC 5–50 ‘‘New and Modified Stationary Sources,’’ and 9 VAC 5–60 ‘‘Hazardous Air Pollutant Sources.’’ These revised regulations have an effective date of February 15, 2012. Accordingly, EPA acknowledges that Virginia now has the authority, as provided for under the terms of EPA’s previous delegation actions, to implement and enforce the NESHAP and NSPS standards which Virginia has adopted by reference in Virginia’s revised regulations 9 VAC 5–50 and 9 VAC 5–60, both effective on February 15, 2012. Please note that on December 19, 2008, in Sierra Club v. EPA,2 the United States Court of Appeals for the District of Columbia Circuit vacated certain provisions of the General Provisions of 40 CFR Part 63 relating to exemptions for startup, shutdown, and malfunction (SSM). On October 16, 2009, the Court issued a mandate vacating these SSM exemption provisions, which are found at 40 CFR § 63.6(f)(1) and (h)(1). Accordingly, EPA no longer allows sources the SSM exemption as provided for in the vacated provisions at 40 CFR § 63.6(f)(1) and (h)(1), even though EPA has not yet formally removed these SSM exemption provisions from the General Provisions of 40 CFR Part 63. Because Virginia incorporated 40 CFR Part 63 by reference, Virginia should also no longer allow sources to use the former SSM exemption from the General Provisions of 40 CFR Part 63 due to the Court’s ruling in Sierra Club vs. EPA. EPA appreciates Virginia’s continuing NESHAP and NSPS enforcement efforts, and also Virginia’s decision to take automatic delegation of additional and more recent NESHAP and NSPS by adopting them by reference. Sincerely, Diana Esher, Director Air Protection Division’’ srobinson on DSK4SPTVN1PROD with NOTICES This notice acknowledges the update of Virginia’s delegation of authority to implement and enforce NESHAP and NSPS. Dated: April 18, 2012. Diana Esher, Director, Air Protection Division, Region III. [FR Doc. 2012–11847 Filed 5–15–12; 8:45 am] BILLING CODE 6560–50–P 2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008). VerDate Mar<15>2010 18:41 May 15, 2012 Jkt 226001 FEDERAL COMMUNICATIONS COMMISSION Information Collections Being Submitted for Review and Approval to the Office of Management and Budget Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: The Federal Communications Commission (FCC), as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act (PRA) of 1995. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid control number. Comments are requested concerning whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission’s burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number. DATES: Written comments should be submitted on or before June 15, 2012. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via fax 202– 395–5167, or via email Nicholas_A._Fraser@omb.eop.gov; and to Cathy Williams, FCC, via email PRA@fcc.gov <mailto:PRA@fcc.gov> and SUMMARY: PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 to Cathy.Williams@fcc.gov. Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION section below. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection, contact Cathy Williams at (202) 418–2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page <https:// www.reginfo.gov/public/do/PRAMain>, (2) look for the section of the Web page called ‘‘Currently Under Review,’’ (3) click on the downward-pointing arrow in the ‘‘Select Agency’’ box below the ‘‘Currently Under Review’’ heading, (4) select ‘‘Federal Communications Commission’’ from the list of agencies presented in the ‘‘Select Agency’’ box, (5) click the ‘‘Submit’’ button to the right of the ‘‘Select Agency’’ box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–1150. Title: Structure and Practices of the Video Relay Service Program, Second Report and Order and Order, CG Docket No. 10–51. Form Number: N/A. Type of Review: Revision of a currently approved collection. Respondents: Business or other forprofit entities. Number of Respondents and Responses: 28 respondents; 89 responses. Estimated Time per Response: .017 hours (1 minute) to 50 hours. Frequency of Response: Annual, on occasion, and one-time reporting requirements; third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for the information collections are found at section 225 of the Act, 47 U.S.C. 225. The law was enacted on July 26, 1990, as Title IV of the ADA, Public Law 101–336, 104 Stat. 327, 366–69. Total Annual Burden: 934 hours. Total Annual Cost: None. Nature and Extent of Confidentiality: An assurance of confidentiality is not offered because this information collection does not require the collection of personally identifiable information (PII) from individuals. Privacy Impact Assessment: No impact(s). Needs and Uses: On July 28, 2011, in document FCC 11–118, the Commission released a Second Report and Order and E:\FR\FM\16MYN1.SGM 16MYN1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Notices]
[Pages 28875-28876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11847]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9669-4]


Delegation of Authority to the Commonwealth of Virginia To 
Implement and Enforce Additional or Revised National Emission Standards 
for Hazardous Air Pollutants and New Source Performance Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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

SUMMARY: On March 5, 2012, EPA sent the Commonwealth of Virginia 
(Virginia) a letter acknowledging that Virginia's delegation of 
authority to implement and enforce National Emissions Standards for 
Hazardous Air Pollutants (NESHAP) and New Source Performance Standards 
(NSPS) had been updated, as provided for under previously approved 
delegation mechanisms. To inform regulated facilities and the public of 
Virginia's updated delegation of authority to implement and enforce 
NESHAP and NSPS, EPA is making available a copy of EPA's letter to 
Virginia through this notice.

DATES: On March 5, 2012, EPA sent Virginia a letter acknowledging that 
Virginia's delegation of authority to implement and enforce NESHAP and 
NSPS had been updated.

ADDRESSES: Copies of documents pertaining to this action are available 
for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103-2029. Copies of 
Virginia's submittal are also available at the Virginia Department of 
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. 
Copies of Virginia's notice to EPA that Virginia has updated its 
incorporation by reference of Federal NESHAP and NSPS, and of EPA's 
response, may also be found posted on EPA Region III's Web site at: 
https://www.epa.gov/reg3artd/airregulations/delegate/vadelegation.htm.

FOR FURTHER INFORMATION CONTACT: Ray Chalmers, (215) 814-2061, or by 
email at chalmers.ray@epa.gov.

SUPPLEMENTARY INFORMATION: On February 16, 2012, Virginia notified EPA 
that Virginia has updated its incorporation by reference of Federal 
NESHAP and NSPS to include many such standards, as they were published 
in final form in the Code of Federal Regulations dated July 1, 2011. On 
March 5, 2012, EPA sent Virginia a letter acknowledging that Virginia 
now has the authority to implement and enforce the NESHAP and NSPS as 
specified by Virginia in its notice to EPA, as provided for under 
previously approved automatic delegation mechanisms. All notifications, 
applications, reports and other correspondence required pursuant to the 
delegated NESHAP and NSPS must be submitted to both the U.S. EPA Region 
III and to the Virginia Department of Environmental Quality. A copy of 
EPA's letter to Virginia follows:

``Michael G. Dowd, Director, Air Quality Division, Virginia 
Department of Environmental Quality, 629 East Main Street, P.O. Box 
1105, Richmond, Virginia 23218.

Dear Mr. Dowd:

    The United States Environmental Protection Agency (EPA) has 
previously delegated to the Commonwealth of Virginia (Virginia) the 
authority to implement and enforce various federal National 
Emissions Standards for Hazardous Air Pollutants (NESHAP) and New 
Source Performance Standards (NSPS), which are found at 40 CFR Parts 
60, 61 and 63.\1\ In those actions, EPA also delegated to Virginia 
the authority to implement and enforce any future EPA NESHAP or NSPS 
on the condition that Virginia legally adopt the future standards, 
make only allowed wording changes, and provide specified notice to 
EPA.
---------------------------------------------------------------------------

    \1\ EPA has posted copies of these actions at: https://www.epa.gov/reg3artd/airregulations/delegate/vadelegation.htm.
---------------------------------------------------------------------------

    In a letter dated February 16, 2012, Virginia informed EPA that 
Virginia had updated its incorporation by reference of federal 
NESHAP and NSPS to include many such standards, as they were 
published in final form in the Code of Federal Regulations dated 
July 1, 2011. Virginia noted that its intent in updating its 
incorporation by reference of the NESHAP and NSPS was to retain the 
authority to enforce all standards included in the revisions, as per 
the

[[Page 28876]]

provisions of EPA's previous delegation actions. Virginia committed 
to enforcing the federal standards in conformance with the terms of 
EPA's previous delegations of authority. Virginia made only allowed 
wording changes.
    Virginia provided copies of its revised regulations specifying 
the NESHAP and NSPS which Virginia has adopted by reference. These 
revised regulations are entitled 9 VAC 5-50 ``New and Modified 
Stationary Sources,'' and 9 VAC 5-60 ``Hazardous Air Pollutant 
Sources.'' These revised regulations have an effective date of 
February 15, 2012.
    Accordingly, EPA acknowledges that Virginia now has the 
authority, as provided for under the terms of EPA's previous 
delegation actions, to implement and enforce the NESHAP and NSPS 
standards which Virginia has adopted by reference in Virginia's 
revised regulations 9 VAC 5-50 and 9 VAC 5-60, both effective on 
February 15, 2012.
    Please note that on December 19, 2008, in Sierra Club v. EPA,\2\ 
the United States Court of Appeals for the District of Columbia 
Circuit vacated certain provisions of the General Provisions of 40 
CFR Part 63 relating to exemptions for startup, shutdown, and 
malfunction (SSM). On October 16, 2009, the Court issued a mandate 
vacating these SSM exemption provisions, which are found at 40 CFR 
Sec.  63.6(f)(1) and (h)(1).
---------------------------------------------------------------------------

    \2\  Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008).
---------------------------------------------------------------------------

    Accordingly, EPA no longer allows sources the SSM exemption as 
provided for in the vacated provisions at 40 CFR Sec.  63.6(f)(1) 
and (h)(1), even though EPA has not yet formally removed these SSM 
exemption provisions from the General Provisions of 40 CFR Part 63. 
Because Virginia incorporated 40 CFR Part 63 by reference, Virginia 
should also no longer allow sources to use the former SSM exemption 
from the General Provisions of 40 CFR Part 63 due to the Court's 
ruling in Sierra Club vs. EPA.
    EPA appreciates Virginia's continuing NESHAP and NSPS 
enforcement efforts, and also Virginia's decision to take automatic 
delegation of additional and more recent NESHAP and NSPS by adopting 
them by reference.

    Sincerely,

Diana Esher, Director
Air Protection Division''

    This notice acknowledges the update of Virginia's delegation of 
authority to implement and enforce NESHAP and NSPS.

    Dated: April 18, 2012.
Diana Esher,
Director, Air Protection Division, Region III.
[FR Doc. 2012-11847 Filed 5-15-12; 8:45 am]
BILLING CODE 6560-50-P

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