30700 Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices 

Description: Midwest Independent 

Transmission System Operator, Inc. 

submits tariff filing per 35: 05–18–11 

Supplemental Reserves Compliance 

Filing to be effective 4/19/2011. 

Filed Date: 05/18/2011. 

Accession Number: 20110518–5131. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 8, 2011. 

Docket Numbers: ER11–3585–000. 

Applicants: Duke Energy Carolinas, 

LLC. 

Description: Informational Update of 

Duke Energy Carolinas, LLC. 

Filed Date: 05/16/2011. 

Accession Number: 20110516–5153. 

Comment Date: 5 p.m. Eastern Time 

on Monday, June 6, 2011. 

Docket Numbers: ER11–3594–000. 

Applicants: City of Anaheim, 

California. 

Description: City of Anaheim, 

California submits tariff filing per 

35.13(a)(1): City of Anaheim, CA TO 

Tariff and TRR Revisions to be effective 

7/1/2011. 

Filed Date: 05/18/2011. 

Accession Number: 20110518–5136. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 8, 2011. 

Docket Numbers: ER11–3595–000. 

Applicants: New York Independent 

System Operator, Inc. 

Description: New York Independent 

System Operator, Inc. submits tariff 

filing per 35.13(a)(2)(iii: NYISO Filing of 

Amendments to ISO Agreement and 

Code of Conduct to be effective 7/18/ 

2011. 

Filed Date: 05/18/2011. 

Accession Number: 20110518–5148. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 08, 2011. 

Docket Numbers: ER11–3596–000. 

Applicants: AEP Texas North 

Company. 

Description: AEP Texas North 

Company submits tariff filing per 35.1: 

20110518 TNC RS and SA Baseline to 

be effective 5/19/2011. 

Filed Date: 05/18/2011. 

Accession Number: 20110518–5162. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 08, 2011. 

Docket Numbers: ER11–3597–000. 

Applicants: PJM Interconnection, 

L.L.C. 

Description: PJM Interconnection, 

L.L.C. submits tariff filing per 

35.13(a)(2)(iii: Revisions to Section 

3.2.3(e) of PJM’s Tariff Att. K Appx and 

OA Schedule 1 to be effective 9/17/ 

2010. 

Filed Date: 05/18/2011. 

Accession Number: 20110518–5172. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 08, 2011. 

Docket Numbers: ER11–3598–000. 

Applicants: Southwestern Public 

Service Company. 

Description: Southwestern Public 

Service Company submits tariff filing 

per 35.13(a)(2)(iii: 5–19–11_RS137 SPS– 

WTMPA to be effective 7/16/2010 under 

ER11–3598 Filing Type: 10. 

Filed Date: 05/19/2011. 

Accession Number: 20110519–5016. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, June 09, 2011. 

Docket Numbers: ER11–3599–000. 

Applicants: Southwest Power Pool, 

Inc. 

Description: Southwest Power Pool, 

Inc.’s Notice of Cancellation of Meter 

Agent Services Agreement. 

Filed Date: 05/19/2011. 

Accession Number: 20110519–5025. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, June 09, 2011. 

Any person desiring to intervene or to 

protest in any of the above proceedings 

must file in accordance with Rules 211 

and 214 of the Commission’s Rules of 

Practice and Procedure (18 CFR 385.211 

and 385.214) on or before 5 p.m. Eastern 

time on the specified comment date. It 

is not necessary to separately intervene 

again in a subdocket related to a 

compliance filing if you have previously 

intervened in the same docket. Protests 

will be considered by the Commission 

in determining the appropriate action to 

be taken, but will not serve to make 

protestants parties to the proceeding. 

Anyone filing a motion to intervene or 

protest must serve a copy of that 

document on the Applicant. In reference 

to filings initiating a new proceeding, 

interventions or protests submitted on 

or before the comment deadline need 

not be served on persons other than the 

Applicant. 

As it relates to any qualifying facility 

filings, the notices of self-certification 

[or self-recertification] listed above, do 

not institute a proceeding regarding 

qualifying facility status. A notice of 

self-certification [or self-recertification] 

simply provides notification that the 

entity making the filing has determined 

the facility named in the notice meets 

the applicable criteria to be a qualifying 

facility. Intervention and/or protest do 

not lie in dockets that are qualifying 

facility self-certifications or selfrecertifications. Any person seeking to 

challenge such qualifying facility status 

may do so by filing a motion pursuant 

to 18 CFR 292.207(d)(iii). Intervention 

and protests may be filed in response to 

notices of qualifying facility dockets 

other than self-certifications and selfrecertifications. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St., NE., Washington, DC 

20426. 

The filings in the above proceedings 

are accessible in the Commission’s 

eLibrary system by clicking on the 

appropriate link in the above list. They 

are also available for review in the 

Commission’s Public Reference Room in 

Washington, DC. There is an 

eSubscription link on the Web site that 

enables subscribers to receive e-mail 

notification when a document is added 

to a subscribed docket(s). For assistance 

with any FERC Online service, please email FERCOnlineSupport@ferc.gov or 

call (866) 208–3676 (toll free). For TTY, 

call (202) 502–8659. 

Dated: May 19, 2011. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2011–13025 Filed 5–25–11; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OEI–2010–0835; FRL–9311–6] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Proposed 

Collections; Toxic Chemical Release 

Reporting; Request for Comments on 

Proposed Renewal of Form R and 

Form A, Including Minor Form 

Revisions and the Ratio-Based Burden 

Methodology 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), this document 

announces that an Information 

Collection Request (ICR) has been 

forwarded to the Office of Management 

and Budget (OMB) for review and 

approval. This is a request to make 

changes to and renew an existing 

approved collection. The ICR 

Supporting Statement, which is 

abstracted below, describes the nature of 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices 30701 

the information collection (including 

proposed minor form revisions) and its 

estimated burden and cost. 

DATES: Additional comments may be 

submitted on or before June 27, 2011. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

OEI–2010–0835, to (1) EPA online using 

http://www.regulations.gov (our 

preferred method), by e-mail to 

oei.docket@epa.gov, or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Mail Code 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460, and (2) OMB by 

mail to: Office of Information and 

Regulatory Affairs, Office of 

Management and Budget (OMB), 

Attention: Desk Officer for EPA, 725 

17th Street, NW., Washington, DC 

20503. 

FOR FURTHER INFORMATION CONTACT: 

Cassandra Vail, Toxics Release 

Inventory Program Division, Office of 

Information Analysis and Access 

(2844T), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: 202–566–0753; e-mail address: 

vail.cassandra@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA has 

submitted the following ICR to OMB for 

review and approval according to the 

procedures prescribed in 5 CFR 1320.12. 

On February 11, 2011 (76 FR 7841), EPA 

sought comments on this ICR pursuant 

to 5 CFR 1320.8(d). EPA received two 

comments, which are addressed in the 

Response to Comments document. Any 

additional comments on this ICR should 

be submitted to EPA and OMB within 

30 days of this notice. 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–OEI–2010–0835, which is available 

for online viewing at http:// 

www.regulations.gov, or in person 

viewing at the OEI Docket, EPA Docket 

Center (EPA/DC), U.S. EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The EPA/ 

DC Public Reading Room is open from 

8 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Reading Room 

is 202–566–1744, and the telephone 

number for the OEI Docket is 202–566– 

1752. 

Use EPA’s electronic docket and 

comment system at http:// 

www.regulations.gov, to submit or view 

public comments, access the index 

listing of the contents of the docket, and 

to access those documents in the docket 

that are available electronically. Once in 

the system, select ‘‘docket search,’’ then 

key in the docket ID number identified 

above. Please note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing at http://www.regulations.gov 

as EPA receives them and without 

change, unless the comment contains 

copyrighted material, confidential 

business information (CBI), or other 

information whose public disclosure is 

restricted by statute. For further 

information about the electronic docket, 

go to http://www.regulations.gov. 

Title: Toxic Chemical Release 

Reporting; Request for Comments on 

Proposed Renewal of Form R and Form 

A, Including Minor Form Revisions, and 

the Ratio-Based Burden Methodology. 

ICR numbers: EPA ICR No. 1363.21, 

OMB Control No. 2025–0009. 

ICR Status: This ICR is scheduled to 

expire on July 31, 2011. Under OMB 

regulations, the Agency may continue to 

conduct or sponsor the collection of 

information while this submission is 

pending at OMB. EPA expects the 

renewed ICR will be available for TRI 

Reporting Year 2011 submissions, 

which are due by July 1, 2012. An 

Agency may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information, unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in title 40 of the CFR, 

after appearing in the Federal Register 

when approved, are listed in 40 CFR 

part 9, are displayed either by 

publication in the Federal Register or 

by other appropriate means, such as on 

the related collection instrument or 

form, if applicable. The display of OMB 

control numbers in certain EPA 

regulations is consolidated in 40 CFR 

part 9. In the past, EPA has issued 

separate ICRs: (1) EPA ICR No. 1363.20, 

OMB Control No. 2025–0009 for Form R 

and (2) EPA ICR No. 1704.12, OMB 

Control No. 2025–0010 for Form A. In 

this ICR Renewal, EPA is transitioning 

from issuing two separate ICRs to 

issuing a single ICR–EPA ICR No. 

1363.21, OMB Control No. 2025–0009 

that encompasses both Form R and 

Form A. 

Abstract: Pursuant to section 313 of 

EPCRA, certain facilities that 

manufacture, process, or otherwise use 

specified toxic chemicals in amounts 

above reporting threshold levels must 

submit annually to EPA and to 

designated State officials toxic chemical 

release forms containing information 

specified by EPA. 42 U.S.C. 11023. In 

addition, pursuant to section 6607 of the 

Pollution Prevention Act (PPA), 

facilities reporting under section 313 of 

EPCRA must also report pollution 

prevention and waste management data, 

including recycling information, for 

such chemicals. 42 U.S.C. 13106. These 

reports are compiled and stored in 

EPA’s database known as the Toxics 

Release Inventory (TRI); TRI data are 

made readily available to the public. 

Regulations at 40 CFR part 372, 

subpart B, require facilities that meet all 

of the following criteria to report: 

1. The facility has 10 or more fulltime employee equivalents (i.e., a total 

of 20,000 hours worked per year or 

greater; see 40 CFR 372.3); and 

2. The facility is included in a North 

American Industry Classification 

System (NAICS) Code listed at 40 CFR 

372.23 or under Executive Order 13148, 

Federal facilities regardless of their 

industry classification; and 

3. The facility manufactures (defined 

to include importing), processes, or 

otherwise uses any EPCRA section 313 

(TRI) chemical in quantities greater than 

the established thresholds for the 

specific chemical in the course of a 

calendar year. 

Facilities that meet the criteria must 

file a Form R report or, in some cases, 

may submit a Form A Certification 

Statement, for each listed toxic chemical 

for which the criteria are met. As 

specified in EPCRA section 313(a), the 

report for any calendar year must be 

submitted on or before July 1st of the 

following year. For example, reporting 

year 2009 data should have been 

submitted and certified on or before July 

1, 2010. 

The list of toxic chemicals subject to 

TRI reporting can be found at 40 CFR 

372.65. This list is also published every 

year as Table II in the current version of 

the Toxics Release Inventory Reporting 

Forms and Instructions. The current TRI 

chemical list contains 593 chemicals 

and 30 chemical categories. 

TRI data are used by environmental 

agencies, industry, and the public. EPA 

program offices use TRI data, along with 

other data, to help establish 

programmatic priorities, evaluate 

potential hazards to human health and 

the natural environment, and undertake 

appropriate regulatory and/or 

enforcement activities. Environmental 

and public interest groups use the data 

to better understand toxic chemical 

releases at the community level and to 

work with industry, government 

agencies, and others to promote 

reductions in toxic chemical releases. 

Industrial facilities use the TRI data to 

evaluate the efficiency of their 

production processes and to help track 

and communicate their progress in 

achieving pollution prevention goals. 

The TRI data are unique in providing 

a multi-media (air, water, and land) 

picture of toxic chemical releases, 

transfers, and other waste management 

mstockstill on DSK4VPTVN1PROD with NOTICES

30702 Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices 

activities by covered facilities on a 

yearly basis. While other environmental 

media programs provide some toxic 

chemical data and related permit data, 

the data are not directly comparable to 

TRI data with regard to the types of 

chemicals and industry sectors that are 

covered or the frequency of reporting. 

Facilities that are subject to TRI 

reporting must submit reports for each 

calendar year to EPA and the States in 

which they are located by July 1st of the 

following year. 

Respondents may claim trade secrecy 

for a chemical’s identity as described in 

EPCRA Section 322 and its 

implementing regulations in 40 CFR 

part 350. EPA will disclose information 

that is covered by a claim of trade 

secrecy only to the extent permitted by 

and in accordance with the procedures 

in 40 CFR part 350 and 40 CFR part 2. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 35.71 hours for 

Form R and 21.96 hours for Form A. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

Respondents/Affected Entities (i.e., 

Facilities): 20,871. 

Estimated Number of Responses: 

73,727. 

Estimated Total Overall Number of 

Responses per Respondent: 3.53. 

Frequency of Response: Annual. 

Estimated Total Annual Hour Burden: 

3,515,751 hours. 

Estimated Total Annual Cost: 

$174,451,565, includes $0 annualized 

capital or O&M costs. 

What Changes are included in this 

ICR: OMB approved the current ICR for 

Form R and the ICR for the Form A 

Certification Statement on March 2, 

2008, with original expiration dates of 

March 31, 2011. On February 17, 2010, 

OMB approved an extension of the 

expiration dates for both forms to July 

31, 2011. The OMB approved the 

current burden estimates on March 2, 

2008, where 3,217,280 hours for Form R 

and 515,901 hours for Form A, totaling 

3,733,181 hours. 

Changes in the Estimates: Several 

changes in the burden estimates have 

been approved by OMB since the OMB 

approvals of the ICRs on March 2, 2008. 

On March 20, 2009, OMB approved the 

merging of the ICR for TRI detailed 

reporting on dioxin and dioxin-like 

compounds (OMB 2025–0007, ICR 

2086.02), into the TRI Form R ICR 

(currently OMB Control Number 2025– 

0009), increasing burden by 899 hours. 

Then on March 27, 2009, OMB 

approved changes in the number of 

responses and the burden hours for 

Form R and Form A to reflect the 

passage of Section 425 of the Omnibus 

Appropriations Act of 2009, which 

rescinded the December 2006 Toxics 

Release Inventory Burden Reduction 

Rule. As a result, the OMB-approved 

numbers for Form R were increased by 

140,565 hours and for Form A burden 

were decreased by 318,418 yielding a 

net increase of 458,983 hours. Most 

recently, on November 26, 2010, the 

Addition of National Toxicology 

Program Carcinogens rule was 

published in the Federal Register. This 

rule is estimated to increase the number 

of reporting facilities by 74 and the 

number of Form Rs submitted by 186 

with an associated burden increase of 

6,641 hours. 

Meanwhile, over the past several 

years, there has been a slight decrease 

in the number of facilities reporting to 

TRI. Based on the latest data for 

Reporting Year 2009 plus updates to 

reflect changes during the year of the 

ICR project—in this case, the modeled 

number of chemicals and facilities 

estimated to report under the Addition 

of National Toxicology Program 

Carcinogens rule, EPA now estimates 

the total number of combined Form R 

and Form A responses to be 73,727, 

with the associated total annual burden 

hours to be 3,515,751, and the annual 

cost to be $174,451,565. For a detailed 

explanation of the Agency’s estimates of 

the respondent reporting burden and 

labor costs, please refer to the updated 

versions of the TRI Form R and A 

Supporting Statement and the document 

‘‘Revising TRI Burden to Ratio-Based 

Methodology,’’ which are available in 

the docket. 

Changes in the form, as revised per 

the Response to Comments: EPA 

proposes to make the following changes 

to the ICR for the TRI Form R, with 

regard to the parent company field, and 

the Form A Certification Statement: 

1. Replace the NA box from the Parent 

Company field (Part I: Sec. 5, 5.1) with 

a check box that reads ‘‘No U.S. Parent 

Company (for TRI Reporting purposes).’’ 

Rationale: The NA box is currently used 

to indicate either a foreign parent 

company or no higher level U.S. 

company. To better facilitate analysis of 

the TRI data, EPA is revising its 

instructions on how to report parent 

companies for TRI reporting purposes. 

The revised instructions provide that 

the highest-level U.S. company should 

be recorded or the ‘‘No U.S. Parent 

Company (for TRI Reporting purposes)’’ 

box should be selected. 

2. Disaggregate the ‘‘Total Transfers’’ 

field and add fields to identify chemical 

discharge quantities to specific publicly 

owned treatment works (POTWs) (Part 

II: Sec 6.1). 

Rationale: The current form collects a 

single ‘‘Total Transfer’’ quantity for 

transfers to all POTWs. Providing 

separate fields for the transfer quantity 

to each POTW will facilitate analysis of 

the releases to specific watersheds. 

3. Section 8 enhancements, including: 

• Change instructional statement on 

form to specify only ‘‘newly 

implemented’’ source reduction 

activities (Part II: Sec. 8.10). 

• Add an N/A box to match 

associated text revisions (Part II: Sec. 

8.10). 

• Remove the ‘‘Yes’’ box and enlarge 

the text section for the question on 

optional pollution prevention 

information (Part II: Section 8.11). 

Rationale: The existing form requests 

information on ‘‘any source reduction 

activities for this chemical during the 

reporting year;’’ but the Reporting Forms 

and Instructions requests information 

on ‘‘newly implemented’’ source 

reduction activities. This change on the 

form will make the form consistent with 

the instructions, and specify that only 

new activities should be reported. The 

Section 8 enhancements also provide a 

larger text box (8.11) where facilities can 

provide optional information on source 

reduction, recycling, or pollution 

control activities. 

4. Add a new question to capture 

miscellaneous and optional information 

regarding the submission (Part II: Sec. 

9., 9.1). Rationale: This new text box 

will allow facilities to provide optional, 

miscellaneous information that may be 

helpful to EPA and/or the public in 

using or interpreting their data (e.g., 

facility closures, explanations for 

changes in release quantities, etc.). 

5. Add NA boxes to Part II, Sections 

5.3, 6.1, and 6.2. Rationale: Adding NA 

boxes to these sections will make the 

formatting of Form R and Form R 

Schedule 1 more consistent. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices 30703 

1EPA has posted copies of these actions at: 

http://www.epa.gov/reg3artd/airregulations/

delegate/vadelegation.htm. 

2Sierra Club v. EPA, 551 F.3rd 1019 (DC Cir. 

2008). 

Dated: May 20, 2011. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2011–13101 Filed 5–25–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[D–VA–2011–0001; FRL–9305–9] 

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 April 4, 2011, EPA sent 

Virginia a letter acknowledging that 

Virginia’s delegation of authority to 

implement and enforce National 

Emission 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 April 4, 2011, EPA sent 

Virginia a letter acknowledging that 

Virginia’s delegation of authority to 

implement and enforce additional and 

updated 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 e-mail 

at chalmers.ray@epa.gov. 

SUPPLEMENTARY INFORMATION: 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 Federal Code of 

Federal Regulations dated July 1, 2010. 

EPA responded by sending 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 standards must be 

submitted to both the US EPA Region III 

and to the Virginia Department of 

Environmental Quality. A copy of EPA’s 

letter to Virginia follows: 

Michael G. Dowd, Air Program Director, 

Virginia Department of Environmental 

Quality, P.O. Box 1105, Richmond, VA 

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 March 3, 2011, 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 Federal Code of Federal 

Regulations dated July 1, 2010. 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 

March 2, 2011. 

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 March 2, 

2011. 

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. 

This notice acknowledges the update 

of Virginia’s delegation of authority to 

implement and enforce NESHAP and 

NSPS. 

Dated: April 26, 2011. 

Diana Esher, 

Director, Air Protection Division, Region III. 

[FR Doc. 2011–11823 Filed 5–25–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[D–PA–2011–0001; FRL–9305–8] 

Delegation of Authority to the 

Commonwealth of Pennsylvania To 

Implement and Enforce Additional 

National Emission Standards for 

Hazardous Air Pollutants 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of delegation of 

authority. 

SUMMARY: Pennsylvania has requested 

that EPA delegate to Pennsylvania the 

authority to implement and enforce 

twelve additional National Emission 

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