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, 62137-62138 [2014-24641]

Download as PDF Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices Please note that on December 19, 2008 in Sierra Club vs. EPA,2 the United States Court of Appeals for the District of Columbia Circuit vacated certain provisions of the General Provisions of 40 C.F.R. Part 63 relating to exemptions for startup, shutdown, and malfunction (SSM). On October 16, 2009, the Court issued the mandate vacating these SSM exemption provisions, which are found at 40 C.F.R. Part 63, § 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 C.F.R. Part 63, § 63.6(f)(1) and (h)(1), even though EPA has not yet formally removed the SSM exemption provisions from the General Provisions of 40 C.F.R. Part 63. Because West Virginia incorporated 40 C.F.R. Part 63 by reference, West Virginia should also no longer allow sources to use the former SSM exemption from the General Provisions of 40 C.F.R. Part 63 due to the Court’s ruling in Sierra Club vs. EPA. EPA appreciates West Virginia’s continuing NESHAP and NSPS enforcement efforts, and also West Virginia’s decision to take automatic delegation of additional and more recent NESHAP and NSPS by adopting them by reference. If you have any questions, please contact me or Mr. Brian Rehn, Acting Associate Director, Office of Permits and Air Toxics, at 215–814–2176. Sincerely, Diana Esher, Director Air Protection Division’’ This notice acknowledges the update of West Virginia’s delegation of authority to implement and enforce NESHAP and NSPS. Dated: October 1, 2014. David Arnold, Acting Director, Air Protection Division, Region III. [FR Doc. 2014–24648 Filed 10–15–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9918–02–Region 3] 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. asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: On July 29, 2014, the Environmental Protection Agency (EPA) sent the Commonwealth of Virginia (Virginia) a letter acknowledging that Virginia’s delegation of authority to SUMMARY: 2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008). VerDate Sep<11>2014 17:19 Oct 15, 2014 Jkt 235001 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 July 29, 2014, 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: http:// 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 July 16, 2014, Virginia notified 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, 2013. On July 29, 2014, 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 US EPA Region III and to the Virginia Department of Environmental Quality, unless the delegated standard specifically provides that such submittals may be sent to EPA or a delegated State. In such cases, the submittals should be sent only to the Virginia Department of Environmental PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 62137 Quality. A copy of EPA’s letter to Virginia follows: ‘‘Michael G. Dowd, Director Air 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 July 16, 2014, 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, 2013. 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 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 July 1, 2014. 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 July 1, 2014. 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 1 EPA has posted copies of these actions at: http:// www.epa.gov/reg3artd/airregulations/delegate/ vadelegation.htm. 2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008). E:\FR\FM\16OCN1.SGM 16OCN1 62138 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices 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’’ This notice acknowledges the update of Virginia’s delegation of authority to implement and enforce NESHAP and NSPS. Dated: October 1, 2014. David Arnold, Acting Director, Air Protection Division, Region III. [FR Doc. 2014–24641 Filed 10–15–14; 8:45 am] BILLING CODE 6560–50–P 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 OMB 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 OMB control number. DATES: Written comments should be submitted on or before November 17, 2014. 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. Direct all PRA comments to Nicholas A. Fraser, OMB, via email Nicholas_A._Fraser@omb.eop.gov; and to Cathy Williams, FCC, via email PRA@ fcc.gov and to Cathy.Williams@fcc.gov. Include in the comments the OMB control number as shown in the ‘‘Supplementary Information’’ section below. ADDRESSES: 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 http://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 No.: 3060–0798. Title: FCC Application for Radio Service Authorization; Wireless Telecommunications Bureau; Public Safety and Homeland Security Bureau. Form No.: FCC Form 601. Type of Review: Revision of a currently approved collection. Respondents: Individuals and households; Business or other for-profit FOR FURTHER INFORMATION CONTACT: FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–0798] Information Collection Being Submitted for Review and Approval to the Office of Management and Budget Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501– 3520), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. 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 asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:19 Oct 15, 2014 Jkt 235001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 entities; Not-for-profit institutions; and State, local or tribal government. Number of Respondents and Responses: 253,320 respondents and 253,320 responses. Estimated Time per Response: 0.5– 1.25 hours. Frequency of Response: On occasion reporting requirement, recordkeeping requirement, every ten year reporting requirement and third party disclosure requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in 47 U.S.C. 151, 152, 154, 154(i), 155(c), 157, 201, 202, 208, 214, 301, 302a, 303, 307, 308, 309, 310, 311, 314, 316, 319, 324, 331, 332, 333, 336, 534, 535 and 554. Total Annual Burden: 221,955 hours. Total Annual Cost: $71,306,250. Privacy Act Impact Assessment: Yes. Nature and Extent of Confidentiality: In general there is no need for confidentiality with this collection of information. Needs and Uses: FCC Form 601 is a consolidated, multi-part application form that is used for market-based and site-based licensing for wireless telecommunications services, including public safety licenses, which are filed through the Commission’s Universal Licensing System (ULS). FCC Form 601 is composed of a main form that contains administrative information and a series of schedules used for filing technical and other information. This form is used to apply for a new license, to amend or withdraw a pending application, to modify or renew an existing license, cancel a license, request a duplicate license, submit required notifications, request an extension of time to satisfy construction requirements, or request an administrative update to an existing license (such as mailing address change), request a Special Temporary Authority or Developmental License. Respondents are encouraged to submit FCC Form 601 electronically and are required to do so when submitting FCC Form 601 to apply for an authorization for which the applicant was the winning bidder in a spectrum auction. The data collected on FCC Form 601 includes the FCC Registration Number (FRN), which serves as a ‘‘common link’’ for all filings an entity has with the FCC. The Debt Collection Improvement Act of 1996 requires entities filing with the Commission use an FRN. On June 2, 2014, the Commission released a Second Report and Order FCC 14–62, WT Docket Nos. 08–166 and 08–167 and ET Docket No. 10–24, E:\FR\FM\16OCN1.SGM 16OCN1

Agencies

[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Notices]
[Pages 62137-62138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24641]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9918-02-Region 3]


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 July 29, 2014, the Environmental Protection Agency (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 July 29, 2014, 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: 
http://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 July 16, 2014, Virginia notified 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, 2013. On 
July 29, 2014, 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 US EPA Region 
III and to the Virginia Department of Environmental Quality, unless the 
delegated standard specifically provides that such submittals may be 
sent to EPA or a delegated State. In such cases, the submittals should 
be sent only to the Virginia Department of Environmental Quality. A 
copy of EPA's letter to Virginia follows:

``Michael G. Dowd, Director
Air 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: http://www.epa.gov/reg3artd/airregulations/delegate/vadelegation.htm.
---------------------------------------------------------------------------

    In a letter dated July 16, 2014, 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, 2013. 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 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 July 
1, 2014.
    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 
July 1, 2014.
    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

[[Page 62138]]

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: October 1, 2014.
David Arnold,
Acting Director, Air Protection Division, Region III.
[FR Doc. 2014-24641 Filed 10-15-14; 8:45 am]
BILLING CODE 6560-50-P