83 FR 46945 - Clean Water Act: West Virginia's NPDES Program Revision

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 180 (September 17, 2018)

Page Range		46945-46946
FR Document		2018-20037

The State of West Virginia has submitted revisions to its authorized National Pollutant Discharge Elimination System (NPDES) program for the U.S. Environmental Protection Agency's (EPA) review. These revisions consist of amendments to the West Virginia Water Pollution Control Act codified in Senate Bill 357 (SB 357) and to West Virginia's Code of State Regulations codified as House Bill 2283 (HB 2283). The EPA has determined that the submitted revisions constitute a substantial revision to West Virginia's authorized NPDES program. Accordingly, the EPA is requesting public comment and providing a notice of an opportunity to request a public hearing. Copies of SB357 and HB2283 are available for public inspection as indicated below.

Federal Register, Volume 83 Issue 180 (Monday, September 17, 2018)

[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46945-46946]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20037]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9983-85--Region 3]


Clean Water Act: West Virginia's NPDES Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of revision, public comment period, and opportunity to 
request a public hearing.

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SUMMARY: The State of West Virginia has submitted revisions to its 
authorized National Pollutant Discharge Elimination System (NPDES) 
program for the U.S. Environmental Protection Agency's (EPA) review. 
These revisions consist of amendments to the West Virginia Water 
Pollution Control Act codified in Senate Bill 357 (SB 357) and to West 
Virginia's Code of State Regulations codified as House Bill 2283 (HB 
2283). The EPA has determined that the submitted revisions constitute a 
substantial revision to West Virginia's authorized NPDES program. 
Accordingly, the EPA is requesting public comment and providing a 
notice of an opportunity to request a public hearing. Copies of SB357 
and HB2283 are available for public inspection as indicated below.

DATES: Comments must be submitted in writing to EPA on or before 
October 17, 2018.

ADDRESSES: Comments on the WV NPDES Program revisions should be sent to 
Francisco Cruz, Water Protection Division (3WP41), U.S. Environmental 
Protection Agency Region 3, 1650 Arch Street, Philadelphia, PA 19103-
2019 or email to cruz.francisco@epa.gov. Oral comments will not be 
considered. Underlying documents from the administrative record for 
this decision are available for public inspection at the above address. 
Please contact Mr. Francisco Cruz to schedule an inspection. The 
public, during the term of this Federal Register notice, can request a 
public hearing. Such a hearing will be held if there is significant 
public interest based on requests received.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Francisco Cruz at (215) 814-5734.

SUPPLEMENTARY INFORMATION: Section 402 of the Federal Clean Water Act 
(CWA) created the NPDES program under which the EPA may issue permits 
for the discharge of pollutants into waters of the United States under 
conditions required by the CWA. Section 402(b) allows states to assume 
NPDES program responsibilities upon approval by the EPA. On May 10, 
1982,

[[Page 46946]]

West Virginia received approval from the EPA to assume the NPDES 
program.
    EPA's regulations at 40 CFR 123.62 establish procedures for 
revision of authorized state NPDES programs. Under Sec.  123.62(a) a 
state may initiate a program revision and must keep EPA informed of 
proposed modifications to its statutory or regulatory authority. On May 
13, 2015, West Virginia notified the EPA of enactment of HB 2283. On 
July 10, 2015, West Virginia submitted SB 357 for formal review by the 
EPA. Following additional correspondence between the EPA and the West 
Virginia Department of Environmental Protection and the West Virginia 
Environmental Hearing Board, the EPA has determined pursuant to 40 CFR 
123.62(b)(1) that it has received such documents as are necessary for 
its review under the circumstances.
    Section 123.62(b)(2) requires the EPA to issue a public notice and 
to provide at least a 30-day public comment period whenever the EPA 
determines that a state program revision is substantial. Section 
1233.62(b)(2) also requires the EPA to hold a public hearing regarding 
the proposed revision ``if there is significant public interest based 
on requests received.'' The EPA has determined that HB 2283 and SB357 
constitute substantial revisions to West Virginia's NPDES program.
    According to the West Virginia Department of Environmental 
Protection, SB 537 amends West Virginia Code Sec.  22-11-6(2) and Sec.  
22-11-8(a) to prohibit the incorporation or enforcement of water 
quality standards either expressly or by reference as effluent 
standards or limitations in West Virginia NPDES permits. SB 537 also 
adds West Virginia Code Sec.  22-11-22a to establish a mining industry 
specific procedure to collect civil or administrative penalties and to 
enjoin violations of the West Virginia Water Pollution Control Act. HB 
2283 revises W. Va. CSR 40-30-5f to delete the following language: 
``The discharge or discharges covered by a WV/NPDES permit are to be of 
such quality so as to not cause a violation of applicable water quality 
standards promulgated by 47 C.S.R. 2.''
    The 40 CFR 123.62(b)(3) states that the EPA will approve or 
disapprove program revisions on the requirements of this part. 
Furthermore 40 CFR 123.62(b)(4) indicates that a program revision shall 
become effective upon the approval of the EPA. Notice of approval of 
any substantial revision shall be published in the Federal Register.
    The EPA will consider public comments received before October 17, 
2018 when determining whether to approve the WV NPDES Program revision.

Catharine R. McManus,
Acting Director, Water Protection Division, U.S. Environmental 
Protection Agency, Region 3.
[FR Doc. 2018-20037 Filed 9-14-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices 46945

2 consecutive hours. A video camera 63.655(g)(11)(i)–(iii), except that the ENVIRONMENTAL PROTECTION
that is capable of continuously applicable alternative operating AGENCY
recording (i.e., at least one frame every conditions listed in Table 2 apply
[FRL–9983–85—Region 3]
15 seconds with time and date stamps) instead of the operating limits specified
images of the flare flame and a in 40 CFR 63.670(d) through (f). In Clean Water Act: West Virginia’s
reasonable distance above the flare addition, for refinery flares that are NPDES Program Revision
flame at an angle suitable for visible MPGFs, notification shall also include
emissions observations must be used to records specified in section (iv)–(v) AGENCY: Environmental Protection
demonstrate compliance with this below. For LACC MPGFs, the Agency (EPA).
requirement. For LACC’s enclosed notification shall include the records ACTION: Notice of revision, public
ground flare, LACC must install a video specified in section (i)–(v) below. comment period, and opportunity to
camera that is capable of continuously (i) Records of each 15-minute block request a public hearing.
recording (i.e., at least one frame every for all flares during which there was at
15 seconds with time and date stamps) SUMMARY: The State of West Virginia has
least 1 minute when regulated material
the stack exhaust exit at a reasonable submitted revisions to its authorized
was routed to the flare and a complete
distance and at an angle suitable for National Pollutant Discharge
loss of pilot flame on a stage of burners
visible emissions observation in order to Elimination System (NPDES) program
occurred, and for all flares, records of
demonstrate compliance with this for the U.S. Environmental Protection
each 15-minute block during which
requirement. The owner or operator Agency’s (EPA) review. These revisions
there was at least 1 minute when
must provide real-time video consist of amendments to the West
regulated material was routed to the
surveillance camera output to the Virginia Water Pollution Control Act
flare and a complete loss of pilot flame
control room or other continuously codified in Senate Bill 357 (SB 357) and
on an individual burner occurred.
manned location where the video to West Virginia’s Code of State
(ii) Records of visible emissions Regulations codified as House Bill 2283
camera images may be viewed at any
events (including the time and date (HB 2283). The EPA has determined that
time.
(4) For the MPGFs and Chalmette’s stamp) that exceed more than 5 minutes the submitted revisions constitute a
No. 1 Flare, the owner or operator of a in any 2-hour consecutive period. substantial revision to West Virginia’s
flare system shall install and operate (iii) Records of each 15-minute block authorized NPDES program.
pressure monitor(s) on the main flare period for which an applicable Accordingly, the EPA is requesting
header, as well as a valve position combustion zone operating condition public comment and providing a notice
indicator monitoring system capable of (i.e., NHVcz or LFLcz) is not met for the of an opportunity to request a public
monitoring and recording the position flare when regulated material is being hearing. Copies of SB357 and HB2283
for each staging valve to ensure that the combusted in the flare. Indicate the date are available for public inspection as
flare operates within the range of tested and time for each period, the NHVcz indicated below.
conditions or within the range of the and/or LFLcz operating parameter for the DATES: Comments must be submitted in
manufacturer’s specifications. Flares at period, the type of monitoring system writing to EPA on or before October 17,
refineries must meet the accuracy and used to determine compliance with the 2018.
calibration requirements in the operating parameters (e.g., gas
ADDRESSES: Comments on the WV
Petroleum Refinery MACT at 40 CFR chromatograph or calorimeter), and also
indicate which high-pressure stages NPDES Program revisions should be
63.671(a)(1) and (4) and Table 13. The sent to Francisco Cruz, Water Protection
pressure monitor at LACC shall meet the were in use.
Division (3WP41), U.S. Environmental
accuracy and calibration requirements (iv) Records of when the pressure Protection Agency Region 3, 1650 Arch
in Table 4. Maintenance periods, monitor(s) on the main flare header Street, Philadelphia, PA 19103–2019 or
instrument adjustments or checks to show the flare burners are operating email to cruz.francisco@epa.gov. Oral
maintain precision and accuracy, and outside the range of tested conditions or comments will not be considered.
zero and span adjustments may not outside the range of the manufacturer’s Underlying documents from the
exceed 5 percent of the time the flare is specifications. Indicate the date and administrative record for this decision
receiving regulated material. time for each period, the pressure are available for public inspection at the
(5) Recordkeeping Requirements measurement, the stage(s) and number above address. Please contact Mr.
(a) All data must be recorded and of flare burners affected, and the range Francisco Cruz to schedule an
maintained for a minimum of 3 years or of tested conditions or manufacturer’s inspection. The public, during the term
for as long as required under applicable specifications. of this Federal Register notice, can
rule subpart(s), whichever is longer. (v) Records of when the staging valve request a public hearing. Such a hearing
(6) Reporting Requirements position indicator monitoring system
(a) The information specified in will be held if there is significant public
indicates a stage of the flare should not interest based on requests received.
section III(6)(b) and (c) below must be be in operation and is or when a stage
reported in the timeline specified by the FOR FURTHER INFORMATION CONTACT: For
of the flare should be in operation and
applicable rule subpart(s) for which the additional information, contact
is not. Indicate the date and time for
flare will control emissions. Francisco Cruz at (215) 814–5734.
each period, whether the stage was
(b) Owners or operators shall include SUPPLEMENTARY INFORMATION: Section
supposed to be open, but was closed, or
the final AMEL operating requirements vice versa, and the stage(s) and number 402 of the Federal Clean Water Act
for each flare in their initial Notification of flare burners affected. (CWA) created the NPDES program
daltland on DSKBBV9HB2PROD with NOTICES

of Compliance status report. under which the EPA may issue permits
(c) The owner or operator shall notify Dated: September 11, 2018. for the discharge of pollutants into
the Administrator of periods of excess Panagiotis Tsirigotis, waters of the United States under
emissions in their Periodic Reports. The Director, Office of Air Quality Planning and conditions required by the CWA.
owner or operator of refinery flares shall Standards. Section 402(b) allows states to assume
meet the reporting requirements in the [FR Doc. 2018–20148 Filed 9–14–18; 8:45 am] NPDES program responsibilities upon
Petroleum Refinery MACT in 40 CFR BILLING CODE 6560–50–P approval by the EPA. On May 10, 1982,

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46946 Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices

West Virginia received approval from approve the WV NPDES Program advance of the meeting by email to:
the EPA to assume the NPDES program. revision. WRC-19@fcc.gov.
EPA’s regulations at 40 CFR 123.62 Open captioning will be provided for
establish procedures for revision of Catharine R. McManus,
this event. Other reasonable
authorized state NPDES programs. Acting Director, Water Protection Division, accommodations for people with
Under § 123.62(a) a state may initiate a U.S. Environmental Protection Agency,
Region 3.
disabilities are available upon request.
program revision and must keep EPA Requests for such accommodations
[FR Doc. 2018–20037 Filed 9–14–18; 8:45 am]
informed of proposed modifications to should be submitted via email to
its statutory or regulatory authority. On BILLING CODE 6560–50–P
fcc504@fcc.gov or by calling the
May 13, 2015, West Virginia notified the Consumer and Governmental Affairs
EPA of enactment of HB 2283. On July Bureau at (202) 418–0530 (voice), (202)
10, 2015, West Virginia submitted SB FEDERAL COMMUNICATIONS 418–0432 (TTY). Such requests should
357 for formal review by the EPA. COMMISSION include a detailed description of the
Following additional correspondence [IB Docket No. 16–185; DA 18–885] accommodation needed. In addition,
between the EPA and the West Virginia please include a way for the FCC to
Department of Environmental Protection Sixth Meeting of the World contact the requester if more
and the West Virginia Environmental Radiocommunication Conference information is needed to fill the request.
Hearing Board, the EPA has determined Advisory Committee Please allow at least five days’ advance
pursuant to 40 CFR 123.62(b)(1) that it notice; last minute requests will be
has received such documents as are AGENCY: Federal Communications
accepted, but may not be possible to
necessary for its review under the Commission.
accommodate.
circumstances. ACTION: Notice. The proposed agenda for the fourth
Section 123.62(b)(2) requires the EPA meeting is as follows:
to issue a public notice and to provide SUMMARY: In accordance with the
at least a 30-day public comment period Federal Advisory Committee Act, this Agenda
whenever the EPA determines that a notice advises interested persons that Sixth Meeting of the World
state program revision is substantial. the sixth meeting of the World Radiocommunication Conference
Section 1233.62(b)(2) also requires the Radiocommunication Conference Advisory Committee, Federal
EPA to hold a public hearing regarding Advisory Committee (WAC) will be held Communications Commission, 445
the proposed revision ‘‘if there is on October 1, 2018, at the Federal 12th Street SW, Room TW–C305,
significant public interest based on Communications Commission (FCC). Washington, DC 20554
requests received.’’ The EPA has The Advisory Committee will consider
determined that HB 2283 and SB357 any preliminary views or draft October 1, 2018; 11:00 a.m.
constitute substantial revisions to West proposals introduced by the Advisory 1. Opening Remarks
Virginia’s NPDES program. Committee’s Informal Working Groups. 2. Approval of Agenda
According to the West Virginia DATES: October 1, 2018; 11:00 a.m. 3. Approval of the Minutes of the Fifth
Department of Environmental ADDRESSES: Federal Communications Meeting
Protection, SB 537 amends West Commission, 445 12th Street SW, Room 4. NTIA Draft Preliminary Views and
Virginia Code § 22–11–6(2) and § 22– TW–C305, Washington, DC 20554. Proposals
11–8(a) to prohibit the incorporation or 5. IWG Reports and Documents Relating
FOR FURTHER INFORMATION CONTACT:
enforcement of water quality standards to Preliminary Views and Draft
either expressly or by reference as Michael Mullinix, Designated Federal
Official, World Radiocommunication Proposals
effluent standards or limitations in West 6. Future Meetings
Virginia NPDES permits. SB 537 also Conference Advisory Committee, FCC
International Bureau, Global Strategy 7. Other Business
adds West Virginia Code § 22–11–22a to 8. Memory of Alexander Gerdenitsch
establish a mining industry specific and Negotiation Division, at (202) 418–
procedure to collect civil or 0491. Federal Communications Commission.
administrative penalties and to enjoin SUPPLEMENTARY INFORMATION: The FCC Troy Tanner,
violations of the West Virginia Water established the Advisory Committee to Deputy Chief, International Bureau.
Pollution Control Act. HB 2283 revises provide advice, technical support and [FR Doc. 2018–20069 Filed 9–14–18; 8:45 am]
W. Va. CSR 40–30–5f to delete the recommendations relating to the BILLING CODE 6712–01–P
following language: ‘‘The discharge or preparation of United States proposals
discharges covered by a WV/NPDES and positions for the 2019 World
permit are to be of such quality so as to Radiocommunication Conference FEDERAL DEPOSIT INSURANCE
not cause a violation of applicable water (WRC–19). CORPORATION
quality standards promulgated by 47 In accordance with the Federal
Advisory Committee Act, Public Law [OMB No. 3064–0028]
C.S.R. 2.’’
The 40 CFR 123.62(b)(3) states that 92–463, as amended, this notice advises
Agency Information Collection
the EPA will approve or disapprove interested persons of the fourth meeting
Activities: Submission for OMB
program revisions on the requirements of the Advisory Committee. Additional
Review; Comment Request
of this part. Furthermore 40 CFR information regarding the Advisory
123.62(b)(4) indicates that a program Committee is available on the Advisory AGENCY: Federal Deposit Insurance
daltland on DSKBBV9HB2PROD with NOTICES

revision shall become effective upon the Committee’s website, www.fcc.gov/wrc- Corporation (FDIC).
approval of the EPA. Notice of approval 19. The meeting is open to the public. ACTION: Notice and request for comment.
of any substantial revision shall be The meeting will be broadcast live with
published in the Federal Register. open captioning over the internet from SUMMARY: The FDIC, as part of its
The EPA will consider public the FCC Live web page at www.fcc.gov/ obligations under the Paperwork
comments received before October 17, live. Comments may be presented at the Reduction Act of 1995, invites the
2018 when determining whether to Advisory Committee meeting or in general public and other Federal

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Document Created: 2018-09-15 01:37:20
Document Modified: 2018-09-15 01:37:20

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 revision, public comment period, and opportunity to request a public hearing.
Dates		Comments must be submitted in writing to EPA on or before October 17, 2018.
Contact		For additional information, contact Francisco Cruz at (215) 814-5734.
FR Citation		83 FR 46945