Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Notices 38177 

(NMFS)) in connection with the 2014 

draft Small MS4 General Permit. 

On July 8, 2014, EPA initiated an 

informal consultation with the USFWS 

and the National Oceanic and 

Atmosphere Administration, National 

Marine Fisheries Service (NMFS) 

pursuant to Section 7 of the ESA, for the 

reissuance of a proposed 2014 NPDES 

Small MS4 General Permit. Based on the 

information, EPA believes that the 

issuance of the NPDES Small MS4 

General Permit (PRR040000), may affect, 

but is not likely to adversely affect any 

threatened or endangered species. 

On August 22, 2014, the USFWS 

indicated that the Antillean manatee 

may be affected. This species is found 

near shore waters around Puerto Rico 

where stormwater may be discharged. In 

addition, USFWS indicated they concur 

with EPA’s determination. 

On August 28, 21014, NMFS had 

questions regarding EPA’s proposed 

2014 NPDES Small MS4 General Permit. 

EPA ensured to provide a response to 

each of NMFS’s questions by October 1, 

2014. A follow up conference call was 

held on October 7, 2014 to discuss the 

responses. On December 18, 2014, EPA 

held another conference call where the 

NMFS requested to see examples of EPA 

inspection reports performed to MS4s 

and Municipal Stormwater Management 

Program. EPA provided six (6) 

documents of coastal municipalities on 

December 19, 2014. EPA followed up 

with a letter dated July 24, 2015 seeking 

NMFS to concur on EPA’s 

determination that stormwater 

discharges from MS4s and discharge 

related activities are not likely to 

adversely affect any federal threatened 

or endangered listed species or 

designated habitat. 

EPA’s decision to issue this general 

permit is consistent with section 7(d) 

because it does not foreclose either the 

formulation by the NMFS, or the 

implementation by EPA, of any 

alternatives that might be determined in 

the consultation to be needed to comply 

with section 7(a)(2). If the completion of 

consultation results in new information 

warranting modifications or conditions 

to protect listed species or critical 

habitat, EPA will modify this permit 

under 40 CFR 122.62(a)(2) to 

incorporate those non-numerical 

effluent limits or conditions. 

B. Executive Order 12866 

EPA has determined that this general 

permit is not a ‘‘significant regulatory 

action’’ under the terms of Executive 

Order 12866 and is therefore not subject 

to OMB review. 

C. Paperwork Reduction Act 

The information collection 

requirements of this permit were 

previously approved by the Office of 

Management and Budget (OMB) under 

the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., 

and assigned OMB control number 

2040–0004. 

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601 et seq., requires that EPA 

prepare a regulatory flexibility analysis 

for rules subject to the requirements of 

5 U.S.C. 553(b) that have a significant 

impact on a substantial number of small 

entities. However, general NPDES 

permits are not ‘‘rules’’ subject to the 

requirements of 5 U.S.C. 553(b) and are 

therefore not subject to the RFA. 

E. Unfunded Mandates Reform Act 

Section 201 of the Unfunded 

Mandates Reform Act (UMRA), Public 

Law 104–4, generally requires Federal 

agencies to assess the effects of their 

‘‘regulatory actions’’ (defined to be the 

same as ‘‘rules’’ subject to the RFA) on 

Tribal, State, and local governments and 

the private sector. However, general 

NPDES permits are not ‘‘rules’’ subject 

to the requirements of 5 U.S.C. 553(b) 

and are therefore not subject to the RFA 

or the UMRA. 

Authority: This action is being taken 

under the Clean Water Act, 33 U.S.C. 1251 

et seq. 

Dated: May 18, 2016. 

Jose ́ C. Font, 

Director, Caribbean Environmental Protection 

Division. 

[FR Doc. 2016–13913 Filed 6–10–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9947–58–Region 3] 

Delegation of Authority to the 

Commonwealth of Virginia To 

Implement and Enforce Additional or 

Revised National Emission Standards 

for Hazardous Air Pollutants Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of delegation of 

authority. 

SUMMARY: On April 7, 2016, the 

Environmental Protection Agency (EPA) 

sent the Commonwealth of Virginia 

(Virginia) a letter acknowledging that 

Virginia’s delegation of authority to 

implement and enforce the National 

Emissions Standards for Hazardous Air 

Pollutants (NESHAPs) had been 

updated, as provided for under 

previously approved delegation 

mechanisms. To inform regulated 

facilities and the public, EPA is making 

available a copy of EPA’s letter to 

Virginia through this notice. 

DATES: On April 7, 2016, EPA sent 

Virginia a letter acknowledging that 

Virginia’s delegation of authority to 

implement and enforce federal 

NESHAPs 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. 

FOR FURTHER INFORMATION CONTACT: Ray 

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

at chalmers.ray@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

February 10, 2016, Virginia notified 

EPA that Virginia had updated its 

incorporation by reference of federal 

NESHAPs to include many such 

standards, as they were published in 

final form in the Code of Federal 

Regulations dated July 1, 2015. On April 

7, 2016, EPA sent Virginia a letter 

acknowledging that Virginia now has 

the authority to implement and enforce 

the NESHAPs 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 NESHAPs 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 


srobinson on DSK5SPTVN1PROD with NOTICES
38178 Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Notices 

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

2008). 

National Emissions Standards for 

Hazardous Air Pollutants (NESHAPs) 

found at 40 CFR parts 61 and 63. In 

those actions, EPA also delegated to 

Virginia the authority to implement and 

enforce any future EPA NESHAPs 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 February 10, 2016, 

Virginia informed EPA that Virginia had 

updated its incorporation by reference 

of federal NESHAPs to include many 

such standards, as they were published 

in final form in the Code of Federal 

Regulations dated July 1, 2015. Virginia 

explained that its intent in updating its 

incorporation by reference of the 

NESHAPs 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. 

EPA notes that Virginia provided a 

copy of the State’s regulatory action that 

states: ‘‘[t]he amendments update state 

regulations that incorporate by reference 

certain U.S. Environmental Protection 

Agency regulations to reflect the Code of 

Federal Regulations as published on 

July 1, 2015. No new NESHAPs or 

MACTs are being incorporated. The date 

of the Code of Federal Regulations book 

being incorporated by reference is being 

updated to the latest version.’’ Virginia’s 

regulatory action indicates that ‘‘[t]he 

revised regulations have an effective 

date of February 10, 2016.’’ 

EPA also notes that Virginia provides 

in its regulatory action that ‘‘[t]he 

Environmental Protection Agency 

National Emission Standards for Source 

Categories (Maximum Achievable 

Control Technologies, or MACTs) as 

promulgated in 40 CFR part 63 and 

designated in 9VAC5–60–100 are, 

unless indicated otherwise, 

incorporated by reference into the 

regulations of the board [State Air 

Pollution Control Board] as amended by 

the word or phrase substitutions given 

in 9VAC5–60–110. The complete text of 

the subparts in 9VAC5–60–100 

incorporated herein by reference is 

contained in 40 CFR part 63. The 40 

CFR section numbers appearing under 

each subpart in 9VAC5–60–100 identify 

the specific provisions of the subpart 

incorporated by reference. The specific 

version of the provision adopted by 

reference shall be that contained in the 

CFR 2015 in effect July 1, 2015.’’ 

EPA further notes that Virginia 

provides in its regulatory action that 

‘‘[t]he Environmental Protection Agency 

National Emission Standards 

(NESHAPs) as promulgated in 40 CFR 

part 61 and designated in 9VAC5–60–70 

are, unless indicated otherwise, 

incorporated by reference into the 

regulations of the board as amended by 

the word or phrase substitutions given 

in 9VAC5–60–80. The complete text of 

the subparts in 9VAC5–60–70 

incorporated herein by reference is 

contained in 40 CFR part 61. The 40 

CFR section numbers appearing under 

each subpart in 9VAC5–60–70 identify 

the specific provisions of the subpart 

incorporated by reference. The specific 

version of the provision adopted by 

reference shall be that contained in the 

CFR 2015 in effect July 1, 2015.’’ 

In response to Virginia’s submittal, 

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 standards which Virginia has 

adopted by reference in Virginia’s 

revised regulations 9 VAC 5–60–100 

and 9 VAC 5–60–70, both effective on 

February 10, 2016. 

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 

NESHAP enforcement efforts, and also 

Virginia’s decision to take automatic 

delegation of more recent NESHAP by 

adopting them by reference. 

Sincerely, 

Nikos Singelis, Acting Director 

Air Protection Division’’ 

This notice acknowledges the update 

of Virginia’s delegation of authority to 

implement and enforce NESHAP and 

NSPS. 

Dated June 1, 2016. 

Nikos Singelis, 

Acting Director, Air Protection Division, 

Region III. 

[FR Doc. 2016–13912 Filed 6–10–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–0599] 

Information Collection Being Reviewed 

by the Federal Communications 

Commission 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: 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 

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 PRA comments should 

be submitted on or before August 12, 

2016. 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 contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Cathy Williams, FCC, via email to PRA@

fcc.gov and to Cathy.Williams@fcc.gov. 


srobinson on DSK5SPTVN1PROD with NOTICES