82 FR 13345 - 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 82, Issue 46 (March 10, 2017)

Page Range		13345-13346
FR Document		2017-04773

On October 5, 2016, 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.

Federal Register, Volume 82 Issue 46 (Friday, March 10, 2017)

[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Notices]
[Pages 13345-13346]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04773]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9958-91-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 October 5, 2016, 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 October 5, 2016, 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[dash]2061, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: On July 11, 2016, 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 
Title 40 of the Code of Federal Regulations (CFR), Parts 60, 61, and 
63, as of June 1, 2015. On October 5, 2016, 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 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 October 5, 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 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. 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.
    In a letter dated July 11, 2016, 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, 2015. 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

[[Page 13346]]

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 July 1, 2016.
    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 July 1, 
2016.
    Please note that on December 19, 2008 in Sierra Club vs. 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 the mandate vacating these SSM 
exemption provisions, which are found at 40 CFR part 63, Sec.  
63.6(f)(1) and (h)(1).
---------------------------------------------------------------------------

    \1\ 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.
    If you have any questions, please contact me or Mr. David Campbell, 
Associate Director, Office of Permits and State Programs, at 215-814-
2196.

Sincerely,
Cristina Fernandez, Director
Air Protection Division

    This notice acknowledges the update of West Virginia's delegation 
of authority to implement and enforce NESHAP and NSPS.

    Dated: January 18, 2017.
Cristina Fernandez,
Director, Air Protection Division, Region III.
[FR Doc. 2017-04773 Filed 3-9-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Notices 13345

TABLE 2—NOCS RECEIVED FROM DECEMBER 1, 2016 TO DECEMBER 30, 2016
Commence-
Case No. Received date Chemical
ment date

J–15–0033 ....................................... 12/22/2016 12/21/2016 (G) Modified trichoderma reesei strain.
J–16–0033 ....................................... 12/19/2016 12/4/2016 (G) Saccharomyces cerevisiae, modified to express glucoamylase activ-
ity.
P–07–0177 ....................................... 12/15/2016 9/11/2007 (S) Isocyanic acid, polymethylenepolyphenylene ester, polymer with
methoxylated dehydrochlorinated brominated 2-butyne-1,4-
diolepichlorohydrin polymer.
P–07–0395 ....................................... 12/5/2016 7/29/2007 (G) Dialkyl formamide.
P–14–0713 ....................................... 12/7/2016 11/20/2016 (S) Plastics, wastes, pyrolyzed, C5–12 oil.
P–14–0714 ....................................... 12/7/2016 11/20/2016 (S) Plastics, wastes, pyrolyzed, C9–20 pyrolysis oil.
P–14–0715 ....................................... 12/7/2016 11/20/2016 (S) Waste plastics, pyrolyzed, C20–55 fraction.
P–16–0074 ....................................... 12/20/2016 12/1/2016 (G) Isocyanate terminated polyurethane.
P–16–0248 ....................................... 12/5/2016 11/18/2016 (G) Poly(oxy-1,2-ethanediyl), é¿,é¿′-[(1,methylethylidene)di-4,1-phen-
ylene]bis[ı̈¿-hydroxy-, polymer with aliphatic diisocyanate, propylene
glycol monomethacrylate-blocked.
P–16–0492 ....................................... 12/21/2016 12/10/2016 (G) Polyester-amide polymer of ‘isophthalic acid’ with diamino-alkane,
cyclohexane-dialcohol, alkanetriol, di-isocyanate and acrylic acid-
ethylene copolymer.

Authority: 15 U.S.C. 2601 et seq. authority to implement and enforce Environmental Protection. A copy of
Dated: January 30, 2017. NESHAP and NSPS had been updated. EPA’s October 5, 2015 letter to West
Pamela Myrick, ADDRESSES: Copies of documents Virginia follows:
Director, Information Management Division, pertaining to this action are available for Mr. William F. Durham, Director
Office of Pollution Prevention and Toxics. public inspection during normal Division of Air Quality
[FR Doc. 2017–04772 Filed 3–9–17; 8:45 am] business hours at the Air Protection West Virginia Department of
Division, U.S. Environmental Protection Environmental Protection
BILLING CODE 6560–50–P
Agency, Region III, 1650 Arch Street, 601 57th Street
Philadelphia, Pennsylvania 19103– Charleston, West Virginia 25304
ENVIRONMENTAL PROTECTION 2029. Copies of West Virginia’s Dear Mr. Durham:
AGENCY submittal are also available at the West The United States Environmental
Virginia Department of Environmental Protection Agency (EPA) has previously
[FRL–9958–91–Region 3] Protection, Division of Air Quality, 601 delegated to the State of West Virginia
57th Street SE., Charleston, West the authority to implement and enforce
Delegation of Authority to the State of Virginia 25304. various federal National Emissions
West Virginia To Implement and
FOR FURTHER INFORMATION CONTACT: Ray Standards for Hazardous Air Pollutants
Enforce Additional or Revised National
Chalmers, (215) 814-2061, or by e-mail (NESHAP) and New Source
Emission Standards for Hazardous Air
at chalmers.ray@epa.gov. Performance Standards (NSPS), which
Pollutants and New Source
SUPPLEMENTARY INFORMATION: On July are found at 40 CFR parts 60, 61 and 63.
Performance Standards
11, 2016, West Virginia notified EPA In those actions EPA also delegated to
AGENCY: Environmental Protection that West Virginia had updated its West Virginia the authority to
Agency (EPA). incorporation by reference of federal implement and enforce any future EPA
ACTION: Notice of delegation of NESHAP and NSPS to include many NESHAP or NSPS on the condition that
authority. such standards, as found in Title 40 of West Virginia legally adopt the future
the Code of Federal Regulations (CFR), standards, make only allowed wording
SUMMARY: On October 5, 2016, the Parts 60, 61, and 63, as of June 1, 2015. changes, and provide specified notice to
Environmental Protection Agency (EPA) On October 5, 2016, EPA sent West EPA.
sent the State of West Virginia (West Virginia a letter acknowledging that In a letter dated July 11, 2016, West
Virginia) a letter acknowledging that West Virginia now has the authority to Virginia informed EPA that West
West Virginia’s delegation of authority implement and enforce the NESHAP Virginia had updated its incorporation
to implement and enforce National and NSPS as specified by West Virginia by reference of federal NESHAP and
Emissions Standards for Hazardous Air in its notice to EPA, as provided for NSPS to include many such standards
Pollutants (NESHAP) and New Source under previously-approved automatic as found in 40 CFR parts 60, 61, and 63
Performance Standards (NSPS) had been delegation mechanisms. All as of June 1, 2015. West Virginia noted
updated, as provided for under notifications, applications, reports and that it understood that it was
previously approved delegation other correspondence required pursuant automatically delegated the authority to
mechanisms. To inform regulated to the delegated NESHAP and NSPS implement these standards. West
facilities and the public of West must be submitted to both the US EPA Virginia committed to enforcing the
Virginia’s updated delegation of
sradovich on DSK3GMQ082PROD with NOTICES

Region III and to the West Virginia standards in conformance with the
authority to implement and enforce Department of Environmental terms of EPA’s previous delegations of
NESHAP and NSPS, EPA is making Protection, unless the delegated authority. West Virginia made only
available a copy of EPA’s letter to West standard specifically provides that such allowed wording changes.
Virginia through this notice. submittals may be sent to EPA or a West Virginia provided copies of the
DATES: On October 5, 2016, EPA sent delegated State. In such cases, the revised West Virginia Legislative Rules
West Virginia a letter acknowledging submittals should be sent only to the which specify the NESHAP and NSPS
that West Virginia’s delegation of West Virginia Department of which West Virginia has adopted by

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13346 Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Notices

reference. These revised Legislative ENVIRONMENTAL PROTECTION reporting components of the programs
Rules are entitled 45 CSR 34— AGENCY covered by the application and will use
‘‘Emission Standards for Hazardous Air electronic document receiving systems
[9956–73–OEI]
Pollutants,’’ and 45 CSR 16—‘‘Standards that meet the applicable subpart D
of Performance for New Stationary Cross-Media Electronic Reporting: requirements.
Sources.’’ These revised Rules have an On December 22, 2016, the Montana
Authorized Program Revision
effective date of July 1, 2016. Department of Environmental Quality
Approval, State of Montana
Accordingly, EPA acknowledges that (MT DEQ) submitted an application
West Virginia now has the authority, as AGENCY: Environmental Protection titled ‘‘Compliance Monitoring Data
provided for under the terms of EPA’s Agency (EPA). Portal’’ for revision to its EPA-approved
previous delegation actions, to ACTION: Notice. drinking water program under title 40
implement and enforce the NESHAP CFR to allow new electronic reporting.
and NSPS standards which West SUMMARY: This notice announces EPA’s EPA reviewed MT DEQ’s request to
Virginia has adopted by reference in approval of the State of Montana’s revise its EPA-authorized program and,
West Virginia’s revised Legislative Rules request to revise its National Primary based on this review, EPA determined
45 CSR 34 and 45 CSR 16, both effective Drinking Water Regulations that the application met the standards
on July 1, 2016. Implementation EPA-authorized for approval of authorized program
Please note that on December 19, 2008 program to allow electronic reporting. revision set out in 40 CFR part 3,
in Sierra Club vs. EPA,1 the United DATES: EPA’s approval is effective April subpart D. In accordance with 40 CFR
States Court of Appeals for the District 10, 2017 for the State of Montana’s 3.1000(d), this notice of EPA’s decision
of Columbia Circuit vacated certain National Primary Drinking Water to approve Montana’s request to revise
provisions of the General Provisions of Regulations Implementation program, if its Part 142—National Primary Drinking
40 CFR part 63 relating to exemptions no timely request for a public hearing is Water Regulations Implementation
for startup, shutdown, and malfunction received and accepted by the Agency. program to allow electronic reporting
(SSM). On October 16, 2009, the Court FOR FURTHER INFORMATION CONTACT: under 40 CFR part 141 is being
issued the mandate vacating these SSM Karen Seeh, U.S. Environmental published in the Federal Register.
exemption provisions, which are found Protection Agency, Office of MT DEQ was notified of EPA’s
at 40 CFR part 63, § 63.6(f)(1) and (h)(1). Environmental Information, Mail Stop determination to approve its application
Accordingly, EPA no longer allows 2823T, 1200 Pennsylvania Avenue NW., with respect to the authorized program
sources the SSM exemption as provided Washington, DC 20460, (202) 566–1175, listed above.
for in the vacated provisions at 40 CFR Also, in today’s notice, EPA is
seeh.karen@epa.gov.
part 63, § 63.6(f)(1) and (h)(1), even informing interested persons that they
SUPPLEMENTARY INFORMATION: On may request a public hearing on EPA’s
though EPA has not yet formally
removed the SSM exemption provisions October 13, 2005, the final Cross-Media action to approve the State of Montana’s
from the General Provisions of 40 CFR Electronic Reporting Rule (CROMERR) request to revise its authorized public
part 63. Because West Virginia was published in the Federal Register water system program under 40 CFR
incorporated 40 CFR part 63 by (70 FR 59848) and codified as part 3 of part 142, in accordance with 40 CFR
reference, West Virginia should also no title 40 of the CFR. CROMERR 3.1000(f). Requests for a hearing must be
longer allow sources to use the former establishes electronic reporting as an submitted to EPA within 30 days of
SSM exemption from the General acceptable regulatory alternative to publication of today’s Federal Register
Provisions of 40 CFR part 63 due to the paper reporting and establishes notice. Such requests should include
Court’s ruling in Sierra Club vs. EPA. requirements to assure that electronic the following information:
EPA appreciates West Virginia’s documents are as legally dependable as (1) The name, address and telephone
continuing NESHAP and NSPS their paper counterparts. Subpart D of number of the individual, organization
enforcement efforts, and also West CROMERR requires that state, tribal or or other entity requesting a hearing;
Virginia’s decision to take automatic local government agencies that receive, (2) A brief statement of the requesting
delegation of additional and more recent or wish to begin receiving, electronic person’s interest in EPA’s
NESHAP and NSPS by adopting them reports under their EPA-authorized determination, a brief explanation as to
by reference. programs must apply to EPA for a why EPA should hold a hearing, and
If you have any questions, please revision of those programs and obtain any other information that the
contact me or Mr. David Campbell, EPA approval. Subpart D provides requesting person wants EPA to
Associate Director, Office of Permits and standards for such approvals based on consider when determining whether to
State Programs, at 215–814–2196. consideration of the electronic grant the request;
document receiving systems that the (3) The signature of the individual
Sincerely,
Cristina Fernandez, Director
state, tribe, or local government will use making the request, or, if the request is
Air Protection Division to implement the electronic reporting. made on behalf of an organization or
Additionally, § 3.1000(b) through (e) of other entity, the signature of a
This notice acknowledges the update 40 CFR part 3, subpart D provides responsible official of the organization
of West Virginia’s delegation of special procedures for program or other entity.
authority to implement and enforce revisions to allow electronic reporting, In the event a hearing is requested
NESHAP and NSPS. to be used at the option of the state, and granted, EPA will provide notice of
Dated: January 18, 2017. tribe or local government in place of the hearing in the Federal Register not
sradovich on DSK3GMQ082PROD with NOTICES

Cristina Fernandez, procedures available under existing less than 15 days prior to the scheduled
Director, Air Protection Division, Region III. program-specific authorization hearing date. Frivolous or insubstantial
[FR Doc. 2017–04773 Filed 3–9–17; 8:45 am] regulations. An application submitted requests for hearing may be denied by
BILLING CODE 6560–50–P under the subpart D procedures must EPA. Following such a public hearing,
show that the state, tribe or local EPA will review the record of the
1 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. government has sufficient legal hearing and issue an order either
2008). authority to implement the electronic affirming today’s determination or

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Document Created: 2018-02-01 14:52:52
Document Modified: 2018-02-01 14:52:52

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 October 5, 2016, 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[dash]2061, or by e-mail at [email protected]
FR Citation		82 FR 13345