47838 Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Notices 

1EPA has posted copies of these actions at: http: 

//www.epa.gov/reg3artd/airregulations/delegate/ 

wvdelegation.htm 

the remedial phase of the Superfund 

program and in associated community 

involvement activities throughout the 

Superfund process. 

Title: National Oil and Hazardous 

Substance Pollution Contingency Plan 

(NCP) (Renewal). 

ICR Numbers: EPA ICR No. 1463.08, 

OMB Control No. 2050–0096. 

ICR Status: This ICR is currently 

scheduled to expire on August 31, 2015. 

Abstract: This Information Collection 

Request is a renewal ICR that covers the 

remedial portion of the Superfund 

program, as specified in the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980 as amended (CERCLA) and 

the National Oil and Hazardous 

Substance Pollution Contingency Plan 

(NCP). All remedial actions covered by 

this ICR (e.g., remedial investigations/ 

feasibility studies) are stipulated in the 

statute (CERCLA) and are instrumental 

in the process of cleaning up National 

Priorities List (NPL) sites to be 

protective of human health and the 

environment. Some community 

involvement activities covered by this 

ICR are not required at every site (e.g., 

Technical Assistance Grants) and 

depend very much on the community 

and the nature of the site and cleanup. 

All community activities seek to involve 

the public in the cleanup of the sites, 

gain the input of community members, 

and include the community’s 

perspective on the potential future reuse 

of Superfund NPL sites. Community 

involvement activities can enhance the 

remedial process and increase 

community acceptance and the 

potential for productive and beneficial 

reuse of the sites. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 13.84 hours per 

response. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated total number of potential 

respondents: 11,659. 

Frequency of response: On occasion. 

Estimated total average number of 

responses for each respondent: As 

required. 

Estimated total annual burden hours: 

179,615 hours. 

Estimated total annual costs: 

$813,440. This includes an estimated 

burden cost of $261,440 for states and 

an estimated cost of $552,000 for 

communities. 

Are there changes in the estimates from 

the last approval? 

There is no change in the total 

estimated respondent burden compared 

with that identified in the ICR currently 

approved by OMB. 

What is the next step in the process for 

this ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: August 6, 2012. 

Bruce Means, 

Acting Director, Assessment and Remediation 

Division, Office of Superfund Remediation 

and Technology Innovation. 

[FR Doc. 2012–19719 Filed 8–9–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9715–5] 

Delegation of Authority to the State of 

West 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 June 22, 2012, EPA sent 

the State of West Virginia (West 

Virginia) a letter acknowledging that 

West 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 West 

Virginia’s updated delegation of 

authority to implement and enforce 

NESHAP and NSPS, EPA is making 

available a copy of EPA’s letter to West 

Virginia through this notice. 

DATES: On June 22, 2012, EPA sent West 

Virginia a letter acknowledging that 

West 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 West Virginia’s 

submittal are also available at the West 

Virginia Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. Copies of West 

Virginia’s notice to EPA that West 

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/ 

wvdelegation.htm. 

FOR FURTHER INFORMATION CONTACT: Ray 

Chalmers, (215) 814–2061, or by email 

at chalmers.ray@epa.gov. 

SUPPLEMENTARY INFORMATION: On June 6, 

2012, West Virginia notified EPA that 

West Virginia has updated its 

incorporation by reference of Federal 

NESHAP and NSPS to include many 

such standards, to the extent referenced 

in the Code of Federal Regulations 

(CFR), Parts 60, 61, and 63, effective 

June 1, 2011. On June 22, 2012, EPA 

sent West Virginia a letter 

acknowledging that West Virginia now 

has the authority to implement and 

enforce the NESHAP and NSPS as 

specified by West 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 West Virginia 

Department of Environmental Quality. 

A copy of EPA’s letter to West Virginia 

follows: 

‘‘Mr. John Benedict, Director, Division of Air 

Quality, West Virginia Department of 

Environmental Protection, 601 57th 

Street, Charleston, West Virginia 25304 

Dear Mr. Benedict: The United States 

Environmental Protection Agency (EPA) has 

previously delegated to the State of West 

Virginia (West 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 C.F.R. Parts 60, 61 and 63.1 In 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 77, No. 155 / Friday, August 10, 2012 / Notices 47839 

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

2008) 

those actions EPA also delegated to West 

Virginia the authority to implement and 

enforce any future EPA NESHAP or NSPS on 

the condition that West Virginia legally adopt 

the future standards, make only allowed 

wording changes, and provide specified 

notice to EPA. 

In a letter dated June 6, 2012, West Virginia 

informed EPA that West Virginia had 

updated its incorporation by reference of 

federal NESHAP and NSPS to include many 

such standards, to the extent referenced in 40 

C.F.R. Parts 60, 61, and 63, effective June 1, 

2011. West Virginia noted that it understood 

that it was automatically delegated the 

authority to implement these standards. West 

Virginia committed to enforcing the 

standards in conformance with the terms of 

EPA’s previous delegations of authority. West 

Virginia made only allowed wording 

changes. 

West Virginia provided copies of the 

revised West Virginia Legislative Rules 

which specify the NESHAP and NSPS which 

West Virginia has adopted by reference. 

These revised Legislative Rules are entitled 

45 CSR 34—‘‘Emission Standards for 

Hazardous Air Pollutants,’’ and 45 CSR 16— 

‘‘Standards of Performance for New 

Stationary Sources.’’ These revised Rules 

have an effective date of June 1, 2012. 

Accordingly, EPA acknowledges that West 

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 

West Virginia has adopted by reference in 

West Virginia’s revised Legislative Rules 45 

CSR 34 and 45 CSR 16, both effective on June 

1, 2012. 

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 Ms. Kathleen Cox, Associate Director, 

Office of Permits and Air Toxics, at 215–814– 

2173. 

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: August 1, 2012. 

Diana Esher, 

Director, Air Protection Division, Region III. 

[FR Doc. 2012–19685 Filed 8–9–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–9004–4] 

Environmental Impacts Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–7146 or http://www.epa.gov/ 

compliance/nepa/ 

Weekly receipt of Environmental Impact 

Statements 

Filed 07/30/2012 Through 08/03/2012 

Pursuant to 40 CFR 1506.9. 

Notice 

Section 309(a) of the Clean Air Act 

requires that EPA make public its 

comments on EISs issued by other 

Federal agencies. EPA’s comment letters 

on EISs are available at: http:// 

www.epa.gov/compliance/nepa/ 

eisdata.html. 

Information 

Starting October 1, 2012, EPA will not 

accept paper copies or CDs of EISs for 

filing purposes; all submissions on or 

after October 1, 2012 must be made 

through e-NEPA. 

While this system eliminates the need 

to submit paper or CD copies to EPA to 

meet filing requirements, electronic 

submission does not change 

requirements for distribution of EISs for 

public review and comment. To begin 

using e-NEPA, you must first register 

with EPA’s electronic reporting site— 

https://cdx.epa.gov/epa_home.asp 

EIS No. 20120257, Final EIS, BR, CA, 

San Joaquin River Restoration 

Program, A Comprehensive LongTerm Effort to Restore Flows to the 

San Joaquin River from Friant Dam to 

the Confluence of Merced River and 

Restore a Self-Sustaining Chinook 

Salmon Fishery in the River while 

Reducing or Avoiding Adverse Water 

Supply Impacts from Interim and 

Restoration Flows, Implementation, 

CA, Review Period Ends: 09/10/2012, 

Contact: Michelle Banonis 916–978– 

5457. 

EIS No. 20120258, Draft EIS, USN, CA, 

LEGISLATIVE—Renewal of Naval Air 

Weapons Station China Lake Public 

Land Withdrawal, To Conduct 

Research, Development, Acquisition, 

Test and Evaluation Activities, Kern, 

Inyo, and San Bernardino Counties, 

CA, Comment Period Ends: 11/08/ 

2012, Contact: Gene Beale 619–532– 

1027. 

EIS No. 20120259, Final EIS, MARAD, 

CA, ADOPTION—Middle Harbor 

Redevelopment Project, Funding, Port 

of Long Beach, Los Angeles County, 

CA, Review Period Ends: 09/10/2012, 

Contact: Kristine Gilson 202–366– 

1969. The U.S. Department of 

Transportation’s Maritime 

Administration (MARAD) has 

adopted the U.S. Corps of Engineers 

final EIS filed 5/21/2008. The 

MARAD was not a cooperating agency 

for the above final EIS. Recirculation 

of the document is necessary under 

Section 1506.3(b) of the Council on 

Environmental Quality Regulations. 

EIS No. 20120260, Final EIS, USFS, NE., 

Allotment Management Planning in 

the McKelvie Geographic Area 

Project, Managing Livestock Grazing, 

Bessey Ranger District, Samuel R. 

McKelvie National Forest, Cherry 

County, NE., Review Period Ends: 09/ 

10/2012, Contact: Michael Croxen 

308–533–2257. 

EIS No. 20120261, Final EIS, USFS, CO, 

Federal Coal Lease Modifications 

COC–1362 and COC 67232, Adding 

800 and 921 Additional Acres, Paonia 

Ranger District, Grand Mesa, 

Uncompahgre and Gunnison National 

Forests, Gunnison County, CO, 

Review Period Ends: 09/10/2012, 

Contact: Niccole Mortenson 406–329– 

3163. 

EIS No. 20120262, Draft EIS, BR, CA, 

San Luis Reservoir State Recreation 

Area Resource Management Plan/ 

General Plan, Implementation, 

Vicinity of Los Banos, CA, Comment 

Period Ends: 10/05/2012, Contact: 

Dave Woolley 559–487–5049. 

EIS No. 20120263, Final EIS, USFS, 

BLM, CA, Barren Ridge Renewable 

Transmission Project, Construct, 

Operate, Maintain and Upgrade 

220kV Electrical Transmission Lines 

and Switching Stations, Kern and Los 

Angeles Counties, CA, Contact: Justin 

Seastrand, 626–574–5278(AFS) or 

Lynette Elser 951–697–5233(BLM). 

The U.S. Department of Agriculture’s 

Forest Service and the U.S. Department 

of the Interior’s Bureau of Land 

Management are joint lead agencies for 

this project. 

The U.S. Forest Service has a formally 

established appeal process which allows 

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