63184 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices 

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 (D.C. Cir. 

2008). 

Changes in Estimates: There is 

decrease of 1,492 hours in the total 

estimated respondent burden compared 

with the ICR currently approved by 

OMB (per year). This decrease is based 

on the decline of CFC–12 MVACs in 

service today. EPA estimated that the 

total percent of CFC–12 MVACs 

retrofitted in 2003 was 1.5%, which 

equals an estimated 500,000 CFC–12 

MVACs retrofitted to R–134a. The 

number of MVACs originally designed 

to use CFC–12 as well as the number of 

those retrofitted to R–134a has been 

decreasing every year and EPA 

estimates a continued reduction in the 

number of CFC–12 MVACs retrofits will 

occur during the next three years. EPA 

estimates that currently, in 2013, there 

are 330,000 MVACs originally designed 

to use CFC–12 operating in the U.S. EPA 

estimates that in 2014, 2015 and 2016 

the number of cars originally designed 

to use CFC–12 will decrease to 170,000, 

84,000 and 40,000, respectively. Of 

these, EPA estimates that 0.1% will be 

retrofitted annually to use alternative 

refrigerants between October 2013 and 

September 2016. Therefore, EPA 

estimates that in 2014, 2015 and 2016 

the numbers of MVACs to be retrofitted 

are 170, 84 and 40, respectively; 

resulting in a total of 294 MVAC 

retrofits over the three years of this ICR. 

These reductions are due to the decrease 

of CFC–12 MVACs available on the road 

for retrofitting. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2013–24790 Filed 10–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL-9901–78–Region 3] 

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 March 13, 2013, EPA sent 

the Commonwealth of Virginia 

(Virginia) a letter acknowledging that 

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 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 March 13, 2013, EPA sent 

Virginia a letter acknowledging that 

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 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 email 

at chalmers.ray@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

February 14, 2013, 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 Code of Federal 

Regulations dated July 1, 2012. On 

March 13, 2013, EPA sent 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 NESHAP and NSPS 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 

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 February 14, 2013, 

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 Code of Federal Regulations 

dated July 1, 2012. 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 

February 13, 2013. 

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 February 

13, 2013. 

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 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices 63185 

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: September 18, 2013. 

Diana Esher, 

Director, Air Protection Division, Region III. 

[FR Doc. 2013–24880 Filed 10–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9901–74–Region 5] 

Public Hearing and Request for 

Comments on Proposed Revisions to 

Michigan’s Clean Water Act (CWA) 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed revisions to 

Michigan’s CWA Section 404 program, 

public hearing and request for 

comments. 

SUMMARY: EPA requests comments on 

proposed revisions to Michigan’s CWA 

Section 404 permitting program 

resulting from the recent enactment of 

Michigan Public Act 98 (PA 98). EPA 

will hold a public hearing in Lansing, 

Michigan, on December 11, 2013, to take 

comments on the proposed program 

revisions. Under Section 404 of the 

CWA, permits are required for activities 

involving discharges of dredged or fill 

material to waters of the United States, 

including wetlands, lakes and streams. 

In 1984, Michigan assumed Section 404 

permitting authority for its inland 

waters and wetlands. PA 98 amended 

the wetlands and the inland lakes and 

streams provisions of the Michigan’s 

Natural Resources and Environmental 

Protection Act to address areas, as 

identified by EPA in a 2008 program 

review, where the state’s Section 404 

program did not comply with CWA 

requirements. In addition to changes to 

address issues identified in EPA’s 

program review, PA 98 included: (1) 

Changes to the definition of contiguous 

wetlands regulated by Michigan’s 

Section 404 program; (2) the addition of 

new exemptions from permitting; and 

(3) changes to the requirements for 

mitigating the effects of filling wetlands 

and other waters of the United States. 

Under federal regulations, substantial 

changes to state CWA Section 404 

programs do not become effective until 

program revisions are approved by EPA. 

Information about PA 98, the resulting 

proposed revisions to Michigan’s 

Section 404 program, the public 

hearing, and procedures for submitting 

comments is available at: 

www.regulations.gov/ (insert: EPA–HQ– 

OW–2013–0710 in the search field). 

DATES AND LOCATION: On December 11, 

2013, at 7:00 p.m. EST, EPA will hold 

a public hearing to take oral and written 

comments at the Crowne Plaza Lansing 

West (formerly known as the Lexington 

Lansing Hotel), 925 South Creyts Road, 

Lansing, Michigan 48917. The formal 

hearing will be preceded by an 

informational session at 6:00 p.m. EST. 

Written comments will also be accepted 

until December 18, 2013. 

ADDRESSES: Submit comments, 

referencing Docket ID No. EPA–HQ– 

OW–2013–0710, online using 

www.regulations.gov (the preferred 

method); by email to owdocket@epa.gov; or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Mail Code 28221T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 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, or other 

information whose disclosure is 

restricted by statute. 

FOR FURTHER INFORMATION CONTACT: For 

further information, call toll-free, 800– 

621–8431, weekdays, 8:30 a.m. to 4:30 

p.m., central time, or contact Sue Elston, 

at the EPA Docket Center address noted 

above. 

Dated: September 27, 2013. 

Timothy C. Henry, 

Acting Director, Water Division, EPA 

Region 5. 

[FR Doc. 2013–24841 Filed 10–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–RCRA–2012–0072; FRL–9901–86– 

OSWER] 

Waste Management System; Testing 

and Monitoring Activities; Update V of 

SW–846 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

providing notice of the availability of 

‘‘Update V’’ to the Third Edition of EPA 

publication SW–846, ‘‘Test Methods for 

Evaluating Solid Waste, Physical/

Chemical Methods.’’ Update V contains 

23 new and revised analytical methods 

that the Agency has evaluated, and 

determined to be appropriate and which 

may be used for monitoring or 

complying with the Resource 

Conservation and Recovery Act (RCRA) 

hazardous and non-hazardous waste 

regulations. Because the analytical 

methods contained in Update V are not 

required by the RCRA hazardous waste 

regulations, EPA is issuing this update 

as guidance. In addition, the Agency is 

also taking comment on revisions to 

Chapters One through Five of EPA 

publication SW–846, an ORCR Policy 

Statement, and other guidance. The 

Agency is seeking public comment on 

Update V, and after consideration of the 

public comments, will place these new 

and revised methods, guidance, and 

chapters in the SW–846 methods 

compendium. 

DATES: Comments must be received on 

or before January 21, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2012–0072, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: RCRA-docket@epa.gov, 

Attention Docket ID No. EPA–HQ– 

RCRA–2012–0072. 

• Fax: Fax comments to: 202–566– 

9744, Attention Docket ID No. EPA– 

HQ–RCRA–2012–0072. 

• Mail: Send comments to: OSWER 

Docket, EPA Docket Center, Mail Code 

28221T, Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–RCRA–2012– 

0072. Please include two copies of your 

comments. 

• Hand Delivery: Deliver two copies 

of your comments to: Environmental 

Protection Agency, EPA Docket Center, 


emcdonald on DSK67QTVN1PROD with NOTICES