Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices 29771 

actions pursuant to the CAA. First, the 

proposed consent decree would 

establish a deadline for EPA to take 

action pursuant to CAA section 

110(k)(2)–(4) to approve, disapprove, 

conditionally approve, or approve in 

part and disapprove in part the SJV 

PM2.5 Plan’s 2006 24-hour PM2.5

NAAQS Serious area plan contingency 

measures element. The proposed 

consent decree would require EPA to 

take action on the SIP submission for 

this requirement by no later than 

November 30, 2021. 

Second, the proposed consent decree 

would establish a deadline for EPA to 

take final action pursuant to CAA 

section 110(k)(2)–(4) to approve, 

disapprove, conditionally approve, or 

approve in part and disapprove in part, 

the SJV PM2.5 Plan’s 1997 24-hour PM2.5

NAAQS Serious area and CAA section 

189(d) plan. The proposed consent 

decree would require EPA to take action 

on the SIP submission for these 

requirements by no later than February 

28, 2022. 

Third, the proposed consent decree 

would establish a deadline for EPA to 

take final action pursuant to CAA 

section 110(k)(2)–(4) to approve, 

disapprove, conditionally approve, or 

approve in part and disapprove in part, 

the SJV PM2.5 Plan’s 2012 annual PM2.5

NAAQS Serious area plan. The 

proposed consent decree would require 

EPA to take action on the SIP 

submission for these requirements by no 

later than April 29, 2022. 

In accordance with section 113(g) of 

the CAA, for a period of thirty (30) days 

following the date of publication of this 

document, the Agency will accept 

written comments relating to the 

proposed consent decree. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

consent decree if the comments disclose 

facts or considerations that indicate that 

such consent is inappropriate, 

improper, inadequate, or inconsistent 

with the requirements of the Act. 

III. Additional Information About 

Commenting on the Proposed Consent 

Decree 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OGC–2021– 

0351, via https://www.regulations.gov. 

Once submitted, comments cannot be 

edited or removed from this docket. 

EPA may publish any comment received 

to its public docket. Do not submit to 

EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www.epa.gov/dockets/commenting-epadockets. For additional information 

about submitting information identified 

as CBI, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. Note 

that written comments containing CBI 

and submitted by mail may be delayed 

and deliveries or couriers will be 

received by scheduled appointment 

only. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an email 

address or other contact information in 

the body of your comment. This ensures 

that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket 

and made available in EPA’s electronic 

public docket. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. 

Use of the https://

www.regulations.gov website to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. The electronic public docket 

system is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity, email address, or 

other contact information unless you 

provide it in the body of your comment. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

Gautam Srinivasan, 

Associate General Counsel. 

[FR Doc. 2021–11692 Filed 6–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–10024–57–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 May 17, 2021, 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) and New Source 

Performance Standards (NSPS) 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 May 17, 2021, EPA sent 

Virginia a letter acknowledging that 

Virginia’s delegation of authority to 

implement and enforce certain Federal 

NSPS and NESHAPs had been updated. 

ADDRESSES: Copies of documents 

pertaining to this action are available for 

public inspection during normal 

business hours at the Air & Radiation 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, PA 19103–2029. Copies of 

Virginia’s submittal are also available at 

the Virginia Department of 

Environmental Quality, 1111 East Main 

Street, Richmond, VA 23219. 

FOR FURTHER INFORMATION CONTACT: 

Riley Burger, Permits Branch (3AD10), 

Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, PA 19103. The telephone 

number is (215) 814 2217, or Mr. Burger 

can also be reached via electronic mail 

at burger.riley@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

November 12, 2020, Virginia notified 

EPA that Virginia had updated its 

incorporation by reference of Federal 

NSPS, NESHAP, and Maximum 

Available Control Technology (MACT) 

standards to include many such 

standards, as they were published in 

final form in the Code of Federal 

Regulations (CFR) dated July 1, 2020. 

On May 17, 2021, EPA sent Virginia a 

letter acknowledging that Virginia now 


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29772 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices 

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

2008). 

has the authority to implement and 

enforce the NSPS, NESHAP, and MACT 

standards 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 NSPS, NESHAP, and 

MACT must be submitted to both 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 

P.O. Box 1105 

Richmond, VA 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 New Source 

Performance Standards (NSPS), National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP), and National Emission 

Standards for Hazardous Air Pollutants for 

Source Categories (MACT standards) which 

are found at 40 CFR parts 60, 61 and 63, 

respectively. In those actions, EPA also 

delegated to Virginia the authority to 

implement and enforce any future federal 

NSPS, NESHAP or MACT Standards 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 November 12, 2020, 

Virginia submitted to EPA revised versions of 

Virginia’s regulations which incorporate by 

reference specified federal NSPS, NESHAP 

and MACT standards, as those federal 

standards had been published in final form 

in the Code of Federal Regulations dated July 

1, 2020. Virginia committed to enforcing the 

federal standards in conformance with the 

terms of EPA’s previous delegations of 

authority and made only allowed wording 

changes. 

Virginia stated that it had submitted the 

revisions ‘‘to retain its authority to enforce 

the NSPSs and NESHAPs under the 

delegation of authority granted by EPA on 

August 27, 1981 (46 FR 43300) and to enforce 

the MACT standards under the delegation of 

authority granted by EPA on January 26, 1999 

(64 FR 3938) and January 8, 2002 (67 FR 

825).’’ 

Virginia provided copies of its revised 

regulations which specify the NSPS, 

NESHAP and MACT Standards which it had 

adopted by reference. Virginia’s 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 November 11, 2020. 

Based on Virginia’s submittal, EPA 

acknowledges that EPA’s delegations to 

Virginia of the authority to implement and 

enforce EPA’s NSPS, NESHAP, and MACT 

standards have been updated, as provided for 

under the terms of EPA’s previous delegation 

of authority actions, to allow Virginia to 

implement and enforce the federal NSPS, 

NESHAP and MACT standards which 

Virginia has adopted by reference as 

specified in Virginia’s revised regulations 9 

VAC 5–50 and 9 VAC 5–60, both effective on 

November 11, 2020. 

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 

NSPS, NESHAP and MACT standards 

enforcement efforts, and also Virginia’s 

decision to take automatic delegation of 

additional or updated NSPS, NESHAP and 

MACT standards by adopting them by 

reference. 

Sincerely, 

Cristina Fernandez, Director 

Air and Radiation Division 

This notice acknowledges the update 

of Virginia’s delegation of authority to 

implement and enforce NSPS, NESHAP, 

and MACT standards. 

Dated: May 27, 2021. 

Cristina Fernandez, 

Director, Air & Radiation Division, Region 

III. 

[FR Doc. 2021–11652 Filed 6–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–0295 and 3060–0281; FRS 

29475] 

Information Collections Being 

Reviewed by the Federal 

Communications Commission Under 

Delegated Authority 

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 of 1995 (PRA), 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 collection(s). 

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 Office of 

Management and Budget (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 August 2, 2021. 

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 

Cathy Williams, FCC, via email to PRA@

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

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection, contact Cathy 

Williams at (202) 418–2918. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0295. 


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