Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 5189 

1Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 

2008). 

and enforce EPA’s NSPS, NESHAP, and 

MACT standards have been updated, as 

provided for under the terms of EPA’s 

previous delegation of authority actions, 

to allow Virginia to implement and 

enforce the federal NSPS, NESHAP and 

MACT standards which Virginia has 

adopted by reference as specified in 

Virginia’s revised regulations 9 VAC 5– 

50 and 9 VAC 5–60, both effective on 

March 4, 2020. 

Please note that on December 19, 

2008, in Sierra Club v. EPA,1 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 

NSPS, NESHAP and MACT standards 

enforcement efforts, and also Virginia’s 

decision to take automatic delegation of 

additional or updated NSPS, NESHAP 

and MACT standards by adopting them 

by reference. 

Sincerely, 

Cristina Fernandez, 

Director Air and Radiation Division’’ 

This notice acknowledges the update 

of Virginia’s delegation of authority to 

implement and enforce NESHAP, NSPS, 

and MACT standards. 

Dated: November 17, 2020. 

Cristina Fernandez, 

Director, Air and Radiation Division, Region 

III. 

[FR Doc. 2021–00964 Filed 1–15–21; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–SFUND–2012–0104; FRL—10019– 

10–OMS] 

Information Collection Request 

Submitted to OMB for Review and 

Approval; Comment Request; 

Brownfields Program— 

Accomplishment Reporting (Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) has submitted an 

information collection request (ICR), 

Brownfields Program—Accomplishment 

Reporting (EPA ICR Number 2104.08, 

OMB Control Number 2050–0192) to the 

Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act. This is a proposed 

extension of the ICR, which is currently 

approved through January 31, 2021. 

Public comments were previously 

requested via the Federal Register on 

June 18, 2020 during a 60-day comment 

period. This notice allows for an 

additional 30 days for public comments. 

A fuller description of the ICR is given 

below, including its estimated burden 

and cost to the public. 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. 

DATES: Additional comments may be 

submitted on or before February 18, 

2021. 

ADDRESSES: Submit your comments to 

EPA, referencing Docket ID No. EPA– 

HQ–SFUND–2012–0104, online using 

www.regulations.gov (our preferred 

method), by email to docket.superfund@

epa.gov, or by mail to: EPA Docket 

Center, Environmental Protection 

Agency, Mail Code 28221T, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460. EPA’s policy is that all 

comments received will be included in 

the public docket without change 

including any personal information 

provided, unless the comment includes 

profanity, threats, information claimed 

to be Confidential Business Information 

(CBI), or other information whose 

disclosure is restricted by statute. 

Submit written comments and 

recommendations to OMB for the 

proposed information collection within 

30 days of publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Gorini, Office of Brownfields and 

Land Revitalization, (5105T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460; telephone number: (202) 566– 

1702; fax number: (202) 566–1476; 

email address: gorini.kelly@epa.gov 

SUPPLEMENTARY INFORMATION: 

Supporting documents, which explain 

in detail the information that the EPA 

will be collecting, are available in the 

public docket for this ICR. The docket 

can be viewed online at 

www.regulations.gov or in person at the 

EPA Docket Center, WJC West, Room 

3334, 1301 Constitution Ave. NW, 

Washington, DC. The telephone number 

for the Docket Center is 202–566–1744. 

For additional information about EPA’s 

public docket, visit http://www.epa.gov/ 

dockets. 

Abstract: This ICR covers the 

collection of information from those 

organizations that receive cooperative 

agreements from EPA under the 

authority of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) as amended by the 

Brownfields Utilization, Investment, 

and Local Development (BUILD) Act 

(Pub. L. 115–141). CERCLA, as 

amended, authorizes EPA to award 

grants or cooperative agreements to 

states, tribes, local governments, and 

other eligible entities to support the 

assessment and cleanup of brownfields 

sites. Under the Brownfields 

Amendments, a brownfields site means 

real property, the expansion, 

redevelopment, or reuse of which may 

be complicated by the presence or 

potential presence of a hazardous 

substance, pollutant, or contaminant. 

For funding purposes, EPA uses the 

term ‘‘brownfields property(ies)’’ 

synonymously with the term 

‘‘brownfields sites.’’ The Brownfields 

Amendments authorize EPA to award 

several types of cooperative agreements 

to eligible entities on a competitive 

basis. 

Under subtitle A of the Small 

Business Liability Relief and 

Brownfields Revitalization Act, states, 

tribes, local governments, and other 

eligible entities can receive assessment 

cooperative agreements to inventory, 

characterize, assess, and conduct 

planning and community involvement 

related to brownfields properties; 

cleanup cooperative agreements to carry 

out cleanup activities at brownfields 

properties; multipurpose cooperative 

agreements to conduct activities 


khammond on DSKJM1Z7X2PROD with NOTICES
5190 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 

allowed under both assessment and 

cleanup cooperative agreements; 

cooperative agreements to capitalize 

revolving loan funds and provide 

subgrants for cleanup activities; areawide planning cooperative agreements 

to develop revitalization plans for 

brownfields; and environmental 

workforce and development job training 

and placement programs. Under subtitle 

C of the Small Business Liability Relief 

and Brownfields Revitalization Act, 

states and tribes can receive cooperative 

agreements to establish and enhance 

their response programs through the 

four elements and meet the public 

record requirements under the statute. 

Cooperative agreement recipients 

(‘‘recipients’’) have general reporting 

and record keeping requirements as a 

condition of their cooperative agreement 

that result in burden. A portion of this 

reporting and record keeping burden is 

authorized under 2 CFR part 1500 and 

identified in the EPA’s general grants 

ICR (OMB Control Number 2030–0020). 

EPA requires Brownfields program 

recipients to maintain and report 

additional information to EPA on the 

uses and accomplishments associated 

with funded brownfields activities. EPA 

uses several forms to assist recipients in 

reporting the information and to ensure 

consistency of the information 

collected. EPA uses this information to 

meet Federal stewardship 

responsibilities to manage and track 

how program funds are being spent, to 

evaluate the performance of the 

Brownfields Cleanup and Land 

Revitalization Program, to meet the 

Agency’s reporting requirements under 

the Government Performance Results 

Act, and to report to Congress and other 

program stakeholders on the status and 

accomplishments of the program. 

Respondents/affected entities: State/ 

local/tribal governments; Non-Profits. 

Respondent’s obligation to respond: 

Required to obtain or Retain Benefits (2 

CFR part 1500). 

Estimated number of respondents: 

2969 (total). 

Frequency of response: Bi-annual for 

subtitle C recipients; quarterly for 

subtitle A recipients.Total estimated 

burden: 6,144 hours (per year). Burden 

is defined at 5 CFR 1320.03(b). 

Total estimated cost: $712,108 (per 

year), includes $0 annualized capital or 

operation & maintenance costs. 

Changes in the Estimates: The overall 

burden has increased slightly by 379 

hours since the last ICR submittal. This 

is the result of an increased response 

total of 123 additional responses. 

Respondents indicated that 

improvements in the ACRES reporting 

system and increased familiarity with 

the program lead to a lower burden per 

individual entry. 

Courtney Kerwin, 

Director, Regulatory Support Division. 

[FR Doc. 2021–01065 Filed 1–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OLEM–2020–0689; FRL– 

10018–16–OLEM] 

Hazardous and Solid Waste 

Management System: Land Disposal 

Restrictions; Information for 

Petitioners Seeking a No-Migration 

Variance Under the RCRA Land 

Disposal Restrictions for Temporary 

Placement of Treated Hazardous 

Waste Within a Permitted Subtitle C 

Landfill 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) is requesting comment on 

guidance on petitions for a No Migration 

Variance (NMV) under the Land 

Disposal Restrictions (LDRs) pursuant to 

the Resource Conservation and 

Recovery Act (RCRA). Under existing 

regulations, persons may apply for an 

NMV to allow for the land placement 

(e.g., landfill, impoundment, waste pile) 

of hazardous waste that, if approved, 

would allow for the placement of 

hazardous waste in such a unit where 

the waste does not meet applicable LDR 

treatment standards. This guidance 

provides information to persons 

applying for an NMV for a waste pile 

temporarily located within a RCRApermitted landfill cell. 

DATES: Comments must be received on 

or before February 18, 2021. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OLEM–2020–0689, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Office of Land and Emergency 

Management Docket, Mail Code 28221T, 

1200 Pennsylvania Avenue NW, 

Washington, DC 20460. 

• Hand Delivery/Courier: EPA Docket 

Center, WJC West Building, Room 3334, 

1301 Constitution Avenue NW, 

Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal Holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

notice. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

FOR FURTHER INFORMATION CONTACT: 

Bethany Russell, Waste Characterization 

Branch, Materials Recovery and Waste 

Management Division, Office of 

Resource Conservation and Recovery 

(5304P), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460; telephone 

number: 404–562–8542; email address: 

russell.bethany@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Docket 

EPA has established a docket for this 

action under Docket ID No. EPA–HQ– 

OLEM–2020–0689. All documents in 

the docket are listed in the https://

www.regulations.gov index. Publicly 

available docket materials are available 

either electronically at https://

www.regulations.gov or in hard copy at 

the EPA Docket Center. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1742. 

EPA is temporarily suspending its 

Docket Center and Reading Room for 

public visitors, with limited exceptions, 

to reduce the risk of transmitting 

COVID–19. Our Docket Center staff will 

continue to provide remote customer 

service via email, phone, and webform. 

We encourage the public to submit 

comments via https://

www.regulations.gov/ as there may be a 

delay in processing mail. Hand 

deliveries or couriers will be received 

by scheduled appointment only. For 

further information and updates on EPA 

Docket Center services, please visit us 

online at https://www.epa.gov/dockets. 

EPA continues to carefully and 

continuously monitor information from 

the Centers for Disease Control and 

Prevention (CDC), local area health 

departments, and our Federal partners 

so that we can respond rapidly as 

conditions change regarding COVID–19. 


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