Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices 62137 

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

2008). 

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). 

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 Mr. Brian Rehn, Acting Associate 

Director, Office of Permits and Air Toxics, at 

215–814–2176. 

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: October 1, 2014. 

David Arnold, 

Acting Director, Air Protection Division, 

Region III. 

[FR Doc. 2014–24648 Filed 10–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9918–02–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 July 29, 2014, the 

Environmental Protection Agency (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 July 29, 2014, 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 July 

16, 2014, Virginia notified 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, 2013. On July 29, 2014, 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 July 16, 2014, 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, 2013. 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 

July 1, 2014. 

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 July 1, 

2014. 

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 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
62138 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices 

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 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: October 1, 2014. 

David Arnold, 

Acting Director, Air Protection Division, 

Region III. 

[FR Doc. 2014–24641 Filed 10–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–0798] 

Information Collection Being 

Submitted for Review and Approval to 

the Office of Management and Budget 

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 comments should be 

submitted on or before November 17, 

2014. 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 contacts below as soon as 

possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, OMB, via email 

Nicholas_A._Fraser@omb.eop.gov; and 

to Cathy Williams, FCC, via email PRA@

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

Include in the comments the OMB 

control number as shown in the 

‘‘Supplementary Information’’ section 

below. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or copies of the 

information collection, contact Cathy 

Williams at (202) 418–2918. To view a 

copy of this information collection 

request (ICR) submitted to OMB: (1) Go 

to the Web page http://www.reginfo.gov/ 

public/do/PRAMain, (2) look for the 

section of the Web page called 

‘‘Currently Under Review,’’ (3) click on 

the downward-pointing arrow in the 

‘‘Select Agency’’ box below the 

‘‘Currently Under Review’’ heading, (4) 

select ‘‘Federal Communications 

Commission’’ from the list of agencies 

presented in the ‘‘Select Agency’’ box, 

(5) click the ‘‘Submit’’ button to the 

right of the ‘‘Select Agency’’ box, (6) 

when the list of FCC ICRs currently 

under review appears, look for the OMB 

control number of this ICR and then 

click on the ICR Reference Number. A 

copy of the FCC submission to OMB 

will be displayed. 

SUPPLEMENTARY INFORMATION: 

OMB Control No.: 3060–0798. 

Title: FCC Application for Radio 

Service Authorization; Wireless 

Telecommunications Bureau; Public 

Safety and Homeland Security Bureau. 

Form No.: FCC Form 601. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Individuals and 

households; Business or other for-profit 

entities; Not-for-profit institutions; and 

State, local or tribal government. 

Number of Respondents and 

Responses: 253,320 respondents and 

253,320 responses. 

Estimated Time per Response: 0.5– 

1.25 hours. 

Frequency of Response: On occasion 

reporting requirement, recordkeeping 

requirement, every ten year reporting 

requirement and third party disclosure 

requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection of 

information is contained in 47 U.S.C. 

151, 152, 154, 154(i), 155(c), 157, 201, 

202, 208, 214, 301, 302a, 303, 307, 308, 

309, 310, 311, 314, 316, 319, 324, 331, 

332, 333, 336, 534, 535 and 554. 

Total Annual Burden: 221,955 hours. 

Total Annual Cost: $71,306,250. 

Privacy Act Impact Assessment: Yes. 

Nature and Extent of Confidentiality: 

In general there is no need for 

confidentiality with this collection of 

information. 

Needs and Uses: FCC Form 601 is a 

consolidated, multi-part application 

form that is used for market-based and 

site-based licensing for wireless 

telecommunications services, including 

public safety licenses, which are filed 

through the Commission’s Universal 

Licensing System (ULS). FCC Form 601 

is composed of a main form that 

contains administrative information and 

a series of schedules used for filing 

technical and other information. This 

form is used to apply for a new license, 

to amend or withdraw a pending 

application, to modify or renew an 

existing license, cancel a license, 

request a duplicate license, submit 

required notifications, request an 

extension of time to satisfy construction 

requirements, or request an 

administrative update to an existing 

license (such as mailing address 

change), request a Special Temporary 

Authority or Developmental License. 

Respondents are encouraged to submit 

FCC Form 601 electronically and are 

required to do so when submitting FCC 

Form 601 to apply for an authorization 

for which the applicant was the winning 

bidder in a spectrum auction. 

The data collected on FCC Form 601 

includes the FCC Registration Number 

(FRN), which serves as a ‘‘common 

link’’ for all filings an entity has with 

the FCC. The Debt Collection 

Improvement Act of 1996 requires 

entities filing with the Commission use 

an FRN. 

On June 2, 2014, the Commission 

released a Second Report and Order 

FCC 14–62, WT Docket Nos. 08–166 and 

08–167 and ET Docket No. 10–24, 


asabaliauskas on DSK5VPTVN1PROD with NOTICES