Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Notices 16029 

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 Street NE., Washington, DC 

20426. 

The filings in the above-referenced 

proceeding 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 email 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: March 13, 2012. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2012–6507 Filed 3–16–12; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER12–1228–000] 

High Majestic Wind II, LLC; 

Supplemental Notice That Initial 

Market-Based Rate Filing Includes 

Request for Blanket Section 204 

Authorization 

This is a supplemental notice in the 

above-referenced proceeding of High 

Majestic Wind II, LLC’s application for 

market-based rate authority, with an 

accompanying rate tariff, noting that 

such application includes a request for 

blanket authorization, under 18 CFR 

part 34, of future issuances of securities 

and assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 20426, 

in accordance with Rules 211 and 214 

of the Commission’s Rules of Practice 

and Procedure (18 CFR 385.211 and 

385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability, is April 2, 

2012. 

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 Street NE., Washington, DC 

20426. 

The filings in the above-referenced 

proceeding 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 email 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: March 13, 2012. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2012–6505 Filed 3–16–12; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[D–Phila–2012–0001; FRL–9649–2] 

Delegation of Authority To Implement 

and Enforce Additional National 

Emission Standards for Hazardous Air 

Pollutants to the Philadelphia 

Department of Public Health’s Air 

Management Services 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of delegation of 

authority. 

SUMMARY: On October 17, 2011, EPA 

sent the Philadelphia Department of 

Public Health’s Air Management 

Services (AMS) a letter acknowledging 

that AMS’s delegation of authority to 

implement and enforce National 

Emissions Standards for Hazardous Air 

Pollutants (NESHAP) had been updated, 

as provided for under a previously 

approved delegation mechanism. EPA 

sent this letter in response to an AMS 

request for the update. To inform 

regulated facilities and the public of 

AMS’s updated delegation of authority 

to implement and enforce NESHAP, 

EPA is making available a copy of EPA’s 

letter to AMS through this notice. 

DATES: On October 17, 2011, EPA sent 

AMS a letter acknowledging that AMS’s 

delegation of authority to implement 

and enforce NESHAP 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 AMS’s submittal are 

also available at the Philadelphia 

Department of Public Health, Air 

Management Services, 321 University 

Avenue, Philadelphia, Pennsylvania 

19104. Copies of AMS’s request, 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/ 

phdelegation.htm. 

FOR FURTHER INFORMATION CONTACT: Ray 

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

at chalmers.ray@epa.gov. 

SUPPLEMENTARY INFORMATION: On August 

5, 2011, AMS requested that its 

delegation of authority to implement 

and enforce Federal NESHAP be 

updated to include several additional 

NESHAP. On October 17, 2011, EPA 

sent AMS a letter acknowledging that 

AMS’s delegation of authority to 

implement and enforce NESHAP had 

been updated to include these 

additional NESHAP, as provided for 

under a previously approved delegation 

mechanism. All notifications, 

applications, reports and other 

correspondence required pursuant to 

the delegated NESHAP must be 

submitted to both the US EPA Region III 

and to AMS. A copy of EPA’s letter to 

AMS follows: 

Mr. Thomas Huynh 

Director 

Philadelphia Air Management Services 

321 University Avenue, 2nd Floor 

Philadelphia, PA 19104 

Dear Mr. Huynh, 

The United States Environmental 

Protection Agency (EPA) has previously 

delegated to the Philadelphia Department of 

Public Health’s Air Management Services 

(AMS) the authority to implement and 

enforce various federal National Emissions 

Standards for Hazardous Air Pollutants 

(NESHAP), as found at 40 CFR Part 63. (67 


emcdonald on DSK29S0YB1PROD with NOTICES
16030 Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Notices 

1EPA has posted copies of this action at: http:// 

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

phdelegation.htm. 

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

2008). 

FR 4181, January 29, 2002.) 1 EPA’s approval 

of that previous delegation included an 

approval of an AMS mechanism for obtaining 

automatic delegation of any future NESHAP 

regulations which AMS adopted unchanged 

from the Federal requirements. This 

mechanism is for AMS to submit a letter 

requesting additional delegations to EPA. 

In a letter dated August 5, 2011, AMS 

requested ‘‘delegation by reference’’ to 

implement and enforce the following 

additional NESHAP for area sources as in 40 

C.F.R. Part 63: 

1. Subpart BBBBBB—Gasoline Distribution 

Bulk Terminal, Bulk Plant and Pipeline 

Facilities. 

2. Subpart CCCCCC—Gasoline 

Distribution, Gasoline Dispensing Facilities. 

3. Subpart EEE—Hazardous Waste 

Combustors. 

4. Subpart HHHHHH—Paint Stripping and 

Miscellaneous Surface Coating. 

5. Subpart OOOOOO—Flexible 

Polyurethane Foam Fabrication and 

Production. 

6. Subpart VVV—Publicly Owned 

Treatment Works (POTW). 

7. Subpart WWWWW—Hospital Ethylene 

Oxide Sterilizers. 

8. Subpart ZZZZZ—Iron and Steel 

Foundries. 

AMS also requested ‘‘automatic 

delegation’’ of future amendments that EPA 

promulgates with respect to these NESHAP. 

AMS specified in its request letter that it 

was seeking delegation of the authority to 

implement and enforce these additional 

NESHAP and future amendments that EPA 

promulgates with respect to these NESHAP 

under its previously approved mechanism for 

obtaining delegation of additional NESHAP. 

On January 29, 2002, EPA initially 

delegated to AMS the authority to implement 

and enforce various NESHAP as found at 40 

CFR Part 63. In this action, EPA concluded 

that AMS had demonstrated, as required, that 

AMS met the general ‘‘up-front’’ criteria for 

approval which are set forth at 40 C.F.R. 

§ 63.91(d). According to 40 C.F.R. 

§ 63.91(d)(2), ‘‘[o]nce a State has satisfied the 

§ 63.91(d) up-front approval requirements, it 

only needs to reference the previous 

demonstration and reaffirm that it still meets 

the criteria for any subsequent equivalency 

submittals.’’ 

In its August 5, 2011 request for delegation 

of additional area source NESHAP, AMS 

included a full new demonstration that it met 

the requirements of 40 CFR § 63.91(d). While 

a full new demonstration was not required, 

EPA finds that the full new demonstration 

meets the requirement for a reaffirmation that 

AMS continues to meet the up-front approval 

requirements of 40 CFR § 63.91(d). 

EPA finds that AMS has met the 

requirements to be automatically delegated 

the authority to implement and enforce the 

eight additional NESHAP for area sources 

specified in the listing above, as well as any 

future amendments EPA may promulgate 

with respect to them. Accordingly, EPA 

hereby delegates to AMS the authority to 

implement and enforce these eight additional 

NESHAP for area sources, as well as any 

future amendments EPA may make to them. 

This delegation to AMS is subject to the same 

terms of approval as set forth in EPA’s initial 

January 29, 2002 delegation to AMS of the 

authority to implement and enforce 

NESHAPs as found at 40 CFR Part 63. 

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 CFR 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 

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 the SSM exemption provisions from 

the General Provisions of 40 CFR Part 63. 

Because AMS incorporated 40 CFR Part 63 by 

reference, AMS 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 AMS’s continuing 

NESHAP implementation and enforcement 

efforts, and also AMS’s decision to take 

automatic delegation of eight additional and 

more recent NESHAP for area sources. 

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 AMS’s delegation of authority to 

implement and enforce NESHAP. 

Dated: March 6, 2012. 

Diana Esher, 

Director, Air Protection Division, Region III. 

[FR Doc. 2012–6559 Filed 3–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9649–8] 

FY2012 Supplemental Funding for 

Brownfields Revolving Loan Fund 

(RLF) Grantees 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of the availability of 

funds. 

SUMMARY: EPA’s Office of Brownfields 

and Land Revitalization (OBLR) plans to 

make available approximately $7 

million to provide supplemental funds 

to Revolving Loan Fund capitalization 

grants previously awarded 

competitively under section 104(k)(3) of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), 42 U.S.C. 9604(k)(3). 

Brownfields Cleanup Revolving Loan 

Fund (BCRLF) pilots awarded under 

section 104(d)(1) of CERCLA that have 

not transitioned to section 104(k)(3) 

grants are not eligible to apply for these 

funds. EPA will consider awarding 

supplemental funding only to RLF 

grantees who have demonstrated an 

ability to deliver programmatic results 

by making at least one loan or subgrant. 

The award of these funds is based on 

the criteria described at CERCLA 

104(k)(4)(A)(ii). 

The Agency is now accepting requests 

for supplemental funding from RLF 

grantees. Requests for funding must be 

submitted to the appropriate EPA 

Regional Brownfields Coordinator 

(listed below) by April 18, 2012. 

Funding requests for hazardous 

substances and/or petroleum funding 

will be accepted. Specific information 

on submitting a request for RLF 

supplemental funding is described 

below and additional information may 

be obtained by contacting the EPA 

Regional Brownfields Coordinator. 

DATES: This action is effective March 19, 

2012. 

ADDRESSES: A request for supplemental 

funding must be in the form of a letter 

addressed to the appropriate Regional 

Brownfields Coordinator (see listing 

below) with a copy to Megan Quinn, 

Quinn.Megan@epa.gov or U.S. EPA, 

1200 Pennsylvania Ave. NW., MC: 

5105T, Washington, DC 20460. 

FOR FURTHER INFORMATION CONTACT: 

Megan Quinn, U.S. EPA, (202) 566–2773 

or the appropriate Brownfields Regional 

Coordinator. 

SUPPLEMENTARY INFORMATION: 

Background 

The Small Business Liability Relief 

and Brownfields Revitalization Act 

added section 104(k) to CERCLA to 

authorize federal financial assistance for 

brownfields revitalization, including 

grants for assessment, cleanup and job 

training. Section 104(k) includes a 

provision for the EPA to, among other 

things, award grants to eligible entities 

to capitalize Revolving Loan Funds and 

to provide loans and subgrants for 

brownfields cleanup. Section 

104(k)(4)(A)(ii) authorizes EPA to make 

additional grant funds available to RLF 

grantees for any year after the year for 

which the initial grant is made 

(noncompetitive RLF supplemental 

funding) taking into consideration: 


emcdonald on DSK29S0YB1PROD with NOTICES