80 FR 57609 - Delegation of Authority to the State of West Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 185 (September 24, 2015)
Federal Register Volume 80, Issue 185 (September 24, 2015)
| Page Range | 57609-57610 | |
| FR Document | 2015-24192 |
[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)] [Notices] [Pages 57609-57610] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24192] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-9934-58-Region 3] Delegation of Authority to the State of West 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 June 24, 2015, the Environmental Protection Agency (EPA) sent the State of West Virginia (West Virginia) a letter acknowledging that West 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 West Virginia's updated delegation of authority to implement and enforce NESHAP and NSPS, EPA is making available a copy of EPA's letter to West Virginia through this notice. DATES: On June 24, 2015, EPA sent West Virginia a letter acknowledging that West 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 West Virginia's submittal are also available at the West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street SE., Charleston, West Virginia 25304. FOR FURTHER INFORMATION CONTACT: Ray Chalmers, (215) 814-2061, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On June 8, 2015, West Virginia notified EPA that West Virginia had updated its incorporation by reference of federal NESHAP and NSPS to include many such standards, as found in the Code of Federal Regulations (CFR), parts 60, 61, and 63, as of June 1, 2014. On June 24, 2015, EPA sent West Virginia a letter acknowledging that West Virginia now has the authority to implement and enforce the NESHAP and NSPS as specified by West Virginia in its notice [[Page 57610]] 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 West Virginia Department of Environmental Protection, 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 West Virginia Department of Environmental Protection. A copy of EPA's June 24, 2015 letter to West Virginia follows: ``Mr. William F. Durham, Director Division of Air Quality West Virginia Department of Environmental Protection 601 57th Street Charleston, West Virginia 25304 Dear Mr. Durham: The United States Environmental Protection Agency (EPA) has previously delegated to the State of West Virginia (West 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 West Virginia the authority to implement and enforce any future EPA NESHAP or NSPS on the condition that West Virginia legally adopt the future standards, make only allowed wording changes, and provide specified notice to EPA. --------------------------------------------------------------------------- \1\ EPA has posted copies of these actions at: http://www.epa.gov/reg3artd/airregulations/delegate/wvdelegation.htm. --------------------------------------------------------------------------- In a letter dated June 8, 2015, West Virginia informed EPA that West Virginia had updated its incorporation by reference of federal NESHAP and NSPS to include many such standards as found in 40 CFR parts 60, 61, and 63 as of June 1, 2014. West Virginia noted that it understood that it was automatically delegated the authority to implement these standards. West Virginia committed to enforcing the standards in conformance with the terms of EPA's previous delegations of authority. West Virginia made only allowed wording changes. West Virginia provided copies of the revised West Virginia Legislative Rules which specify the NESHAP and NSPS which West Virginia has adopted by reference. These revised Legislative Rules are entitled 45 CSR 34--``Emission Standards for Hazardous Air Pollutants,'' and 45 CSR 16--``Standards of Performance for New Stationary Sources.'' These revised Rules have an effective date of June 1, 2015. Accordingly, EPA acknowledges that West 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 West Virginia has adopted by reference in West Virginia's revised Legislative Rules 45 CSR 34 and 45 CSR 16, both effective on June 1, 2015. 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 part 63, Sec. 63.6(f)(1) and (h)(1). --------------------------------------------------------------------------- \2\ Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008). --------------------------------------------------------------------------- Accordingly, EPA no longer allows sources the SSM exemption as provided for in the vacated provisions at 40 CFR part 63, Sec. 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 West Virginia incorporated 40 CFR part 63 by reference, West 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 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. 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: September 15, 2015. Diana Esher, Director, Air Protection Division, Region III. [FR Doc. 2015-24192 Filed 9-23-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Notices 57609
ACTION: Notification of public program. Additional information about ENVIRONMENTAL PROTECTION
teleconference meeting and public the BOSC is available at: http:// AGENCY
comment. www2.epa.gov/bosc.
[FRL–9934–58–Region 3]
SUMMARY: Pursuant to the Federal Oral Statements: Members of the
Advisory Committee Act, Public Law public who wish to provide oral Delegation of Authority to the State of
92–463, the U.S. Environmental comment during the Thursday, October West Virginia To Implement and
Protection Agency hereby provides 1, 2015, public teleconference meeting Enforce Additional or Revised National
notice that the Board of Scientific must pre-register by noon, Eastern Time Emission Standards for Hazardous Air
Counselors (BOSC) Homeland Security on Tuesday, September 29, 2015 at: Pollutants and New Source
Subcommittee will host a public https://www.eventbrite.com/e/us-epa- Performance Standards
teleconference meeting on Thursday, bosc-homeland-security-subcommittee- AGENCY: Environmental Protection
October 1, 2015, from 1:00 p.m. to 3:00 conference-call-registration- Agency (EPA).
p.m. Eastern Time. The primary 18471366354. Individuals or groups ACTION: Notice of delegation of
discussion will focus on the draft report making remarks during the public authority.
summarizing recommendations from the comment period will be limited to five
August 25–27, 2015 meeting. There will (5) minutes. To accommodate the SUMMARY: On June 24, 2015, the
be a public comment period from 2:45 number of people who want to address Environmental Protection Agency (EPA)
p.m. to 3:00 p.m. Eastern Time. the BOSC Homeland Security sent the State of West Virginia (West
Members of the public are encouraged Subcommittee, only one representative Virginia) a letter acknowledging that
to provide comments relevant to the of a particular community, organization, West Virginia’s delegation of authority
topics of the meeting. or group will be allowed to speak. to implement and enforce National
For additional information about Emissions Standards for Hazardous Air
registering to attend the meeting or to Written Statements: Written Pollutants (NESHAP) and New Source
provide public comment, please see the comments for the public meeting must Performance Standards (NSPS) had been
REGISTRATION and SUPPLEMENTARY be received by noon, Eastern Time on updated, as provided for under
INFORMATION sections below. Due to a Tuesday, September 29, 2015, and will previously approved delegation
limited number of telephone lines, be included in the materials distributed mechanisms. To inform regulated
attendance will be on a first-come, first- to the BOSC Homeland Security facilities and the public of West
served basis. Pre-registration is required. Subcommittee prior to the Virginia’s updated delegation of
Registration for the teleconference teleconference. Written comments authority to implement and enforce
meeting closes at noon Eastern Time, should be sent to Tom Tracy, NESHAP and NSPS, EPA is making
Tuesday, September 29, 2015. The Environmental Protection Agency, via available a copy of EPA’s letter to West
deadline to sign up to speak during the email at tracy.tom@epa.gov or by mail to Virginia through this notice.
public comment period, or to submit 1200 Pennsylvania Avenue NW., (MC DATES: On June 24, 2015, EPA sent West
written public comments, is also noon, 8104 R), Washington, DC 20460 or Virginia a letter acknowledging that
Tuesday, September 29, 2015. submitted through regulations.gov, West Virginia’s delegation of authority
DATES: The BOSC Homeland Security Docket ID No. EPA–HQ–ORD–2015– to implement and enforce NESHAP and
Subcommittee teleconference meeting 0528. NSPS had been updated.
on Thursday, October 1, 2015, will ADDRESSES: Copies of documents
begin promptly at 1:00 p.m. Eastern Information about Services for
pertaining to this action are available for
Time. Registration: In order to Individuals with Disabilities: For
public inspection during normal
participate on the teleconference you information about access or services for
business hours at the Air Protection
must register at the following site: individuals with disabilities, please
Division, U.S. Environmental Protection
https://www.eventbrite.com/e/us-epa- contact Tom Tracy, at 202–564–6518 or Agency, Region III, 1650 Arch Street,
bosc-homeland-security-subcommittee- via email at tracy.tom@epa.gov. To Philadelphia, Pennsylvania 19103–
conference-call-registration- request special accommodations for a 2029. Copies of West Virginia’s
18471366354. Once you have completed disability, please contact Tom Tracy no submittal are also available at the West
the online registration you will be later than September 28, 2015 to give Virginia Department of Environmental
contacted and provided with call-in EPA sufficient time to process your Protection, Division of Air Quality, 601
instructions. request. All requests should be sent to 57th Street SE., Charleston, West
FOR FURTHER INFORMATION CONTACT: the address, email, or phone number Virginia 25304.
Questions or correspondence listed in the FOR FURTHER INFORMATION FOR FURTHER INFORMATION CONTACT: Ray
concerning the teleconference meeting CONTACT section above. Chalmers, (215) 814–2061, or by email
should be directed to Tom Tracy, Dated: September 17, 2015. at chalmers.ray@epa.gov.
Designated Federal Officer, Fred S. Hauchman, SUPPLEMENTARY INFORMATION: On June 8,
Environmental Protection Agency, by 2015, West Virginia notified EPA that
Director, Office of Science Policy.
mail at 1200 Pennsylvania Avenue NW., West Virginia had updated its
[FR Doc. 2015–24307 Filed 9–23–15; 8:45 am]
(MC 8104 R), Washington, DC 20460; by incorporation by reference of federal
telephone at 202–564–6518; or via email BILLING CODE 6560–50–P
NESHAP and NSPS to include many
at tracy.tom@epa.gov. such standards, as found in the Code of
tkelley on DSK3SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION: The Federal Regulations (CFR), parts 60, 61,
Charter of the BOSC states that the and 63, as of June 1, 2014. On June 24,
advisory committee shall provide 2015, EPA sent West Virginia a letter
independent advice to the acknowledging that West Virginia now
Administrator on technical and has the authority to implement and
management aspects of the Office of enforce the NESHAP and NSPS as
Research and Development’s research specified by West Virginia in its notice
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![57610 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Notices
to EPA, as provided for under West Virginia has adopted by reference in opportunity to comment on the
previously approved automatic West Virginia’s revised Legislative Rules 45 following information collections.
delegation mechanisms. All CSR 34 and 45 CSR 16, both effective on June Comments are requested concerning:
1, 2015.
notifications, applications, reports and Whether the proposed collection of
Please note that on December 19, 2008 in
other correspondence required pursuant Sierra Club vs. EPA,2 the United States Court information is necessary for the proper
to the delegated NESHAP and NSPS of Appeals for the District of Columbia performance of the functions of the
must be submitted to both the US EPA Circuit vacated certain provisions of the Commission, including whether the
Region III and to the West Virginia General Provisions of 40 CFR part 63 relating information shall have practical utility;
Department of Environmental to exemptions for startup, shutdown, and the accuracy of the Commission’s
Protection, unless the delegated malfunction (SSM). On October 16, 2009, the burden estimate; ways to enhance the
standard specifically provides that such Court issued the mandate vacating these SSM quality, utility, and clarity of the
exemption provisions, which are found at 40
submittals may be sent to EPA or a information collected; ways to minimize
CFR part 63, § 63.6(f)(1) and (h)(1).
delegated State. In such cases, the Accordingly, EPA no longer allows sources the burden of the collection of
submittals should be sent only to the the SSM exemption as provided for in the information on the respondents,
West Virginia Department of vacated provisions at 40 CFR part 63, including the use of automated
Environmental Protection. A copy of § 63.6(f)(1) and (h)(1), even though EPA has collection techniques or other forms of
EPA’s June 24, 2015 letter to West not yet formally removed the SSM exemption information technology; and ways to
Virginia follows: provisions from the General Provisions of 40 further reduce the information
CFR part 63. Because West Virginia collection burden on small business
‘‘Mr. William F. Durham, Director incorporated 40 CFR part 63 by reference,
Division of Air Quality concerns with fewer than 25 employees.
West Virginia should also no longer allow
West Virginia Department of sources to use the former SSM exemption The FCC may not conduct or sponsor
Environmental Protection from the General Provisions of 40 CFR part a collection of information unless it
601 57th Street 63 due to the Court’s ruling in Sierra Club displays a currently valid OMB control
Charleston, West Virginia 25304 vs. EPA. number. No person shall be subject to
Dear Mr. Durham: EPA appreciates West Virginia’s any penalty for failing to comply with
The United States Environmental continuing NESHAP and NSPS enforcement a collection of information subject to the
Protection Agency (EPA) has previously efforts, and also West Virginia’s decision to PRA that does not display a valid OMB
delegated to the State of West Virginia (West take automatic delegation of additional and control number.
Virginia) the authority to implement and more recent NESHAP and NSPS by adopting
enforce various federal National Emissions them by reference. DATES: Written comments should be
Standards for Hazardous Air Pollutants Sincerely, submitted on or before October 26,
(NESHAP) and New Source Performance Diana Esher, Director
2015. If you anticipate that you will be
Standards (NSPS), which are found at 40 CFR submitting comments, but find it
parts 60, 61 and 63.1 In those actions EPA Air Protection Division’’
difficult to do so within the period of
also delegated to West Virginia the authority This notice acknowledges the update time allowed by this notice, you should
to implement and enforce any future EPA of West Virginia’s delegation of advise the contacts below as soon as
NESHAP or NSPS on the condition that West authority to implement and enforce possible.
Virginia legally adopt the future standards, NESHAP and NSPS.
make only allowed wording changes, and ADDRESSES: Direct all PRA comments to
provide specified notice to EPA. Dated: September 15, 2015. Nicholas A. Fraser, OMB, via email
In a letter dated June 8, 2015, West Virginia Diana Esher, Nicholas_A._Fraser@omb.eop.gov; and
informed EPA that West Virginia had Director, Air Protection Division, Region III. to Cathy Williams, FCC, via email PRA@
updated its incorporation by reference of
[FR Doc. 2015–24192 Filed 9–23–15; 8:45 am] fcc.gov and to Cathy.Williams@fcc.gov.
federal NESHAP and NSPS to include many
such standards as found in 40 CFR parts 60, BILLING CODE 6560–50–P Include in the comments the OMB
61, and 63 as of June 1, 2014. West Virginia control number as shown in the
noted that it understood that it was ‘‘Supplementary Information’’ section
automatically delegated the authority to FEDERAL COMMUNICATIONS below.
implement these standards. West Virginia COMMISSION
committed to enforcing the standards in
FOR FURTHER INFORMATION CONTACT: For
conformance with the terms of EPA’s [OMB 3060–0139] additional information or copies of the
previous delegations of authority. West information collection, contact Cathy
Virginia made only allowed wording Information Collection Being Williams at (202) 418–2918. To view a
changes. Submitted for Review and Approval to copy of this information collection
West Virginia provided copies of the the Office of Management and Budget request (ICR) submitted to OMB: (1) Go
revised West Virginia Legislative Rules to the Web page http://www.reginfo.gov/
which specify the NESHAP and NSPS which AGENCY: Federal Communications
public/do/PRAMain, (2) look for the
West Virginia has adopted by reference. Commission.
section of the Web page called
These revised Legislative Rules are entitled ACTION: Notice and request for
45 CSR 34—‘‘Emission Standards for
‘‘Currently Under Review,’’ (3) click on
comments. the downward-pointing arrow in the
Hazardous Air Pollutants,’’ and 45 CSR 16—
‘‘Standards of Performance for New SUMMARY: As part of its continuing effort ‘‘Select Agency’’ box below the
Stationary Sources.’’ These revised Rules to reduce paperwork burdens, and as ‘‘Currently Under Review’’ heading, (4)
have an effective date of June 1, 2015. required by the Paperwork Reduction select ‘‘Federal Communications
Accordingly, EPA acknowledges that West Act (PRA) of 1995 (44 U.S.C. 3501– Commission’’ from the list of agencies
tkelley on DSK3SPTVN1PROD with NOTICES
Virginia now has the authority, as provided presented in the ‘‘Select Agency’’ box,
3520), the Federal Communication
for under the terms of EPA’s previous (5) click the ‘‘Submit’’ button to the
delegation actions, to implement and enforce Commission (FCC or Commission)
invites the general public and other right of the ‘‘Select Agency’’ box, (6)
the NESHAP and NSPS standards which
Federal agencies to take this when the list of FCC ICRs currently
1 EPA has posted copies of these actions at: under review appears, look for the OMB
http://www.epa.gov/reg3artd/airregulations/ 2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. control number of this ICR and then
delegate/wvdelegation.htm. 2008). click on the ICR Reference Number. A
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Document Created: 2018-02-26 10:17:58
Document Modified: 2018-02-26 10:17:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of delegation of authority. | |
| Dates | On June 24, 2015, EPA sent West Virginia a letter acknowledging that West Virginia's delegation of authority to implement and enforce NESHAP and NSPS had been updated. | |
| Contact | Ray Chalmers, (215) 814-2061, or by email at [email protected] | |
| FR Citation | 80 FR 57609 |
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