83 FR 55360 - Delegation of Authority to the State of West Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants Standards and New Source Performance Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 214 (November 5, 2018)

Page Range		55360-55362
FR Document		2018-24160

On September 11, 2017 and September 21, 2018, the Environmental Protection Agency (EPA) sent the State of West Virginia (West Virginia) letters acknowledging that West Virginia's delegation of authority to implement and enforce the 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, EPA is making available a copy of EPA's letters to West Virginia through this notice.

Federal Register, Volume 83 Issue 214 (Monday, November 5, 2018)

[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Notices]
[Pages 55360-55362]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24160]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9986-04-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 Standards and New Source Performance 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

-----------------------------------------------------------------------

SUMMARY: On September 11, 2017 and September 21, 2018, the 
Environmental Protection Agency (EPA) sent the State of West Virginia 
(West Virginia) letters acknowledging that West Virginia's delegation 
of authority to implement and enforce the 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, EPA is making

[[Page 55361]]

available a copy of EPA's letters to West Virginia through this notice.

DATES: On September 11, 2017 and September 21, 2018, EPA sent West 
Virginia letters acknowledging that West Virginia's delegation of 
authority to implement and enforce Federal NESHAPs 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: Emily Bertram, (215) 814-5273, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On June 6, 2017, 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, 2016. On September 11, 2017, 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 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 September 11, 2017 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 June 6, 2017, 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, 2016. West Virginia noted that it 
understood 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, 2017.
    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 adopted by reference in West 
Virginia's revised Legislative Rules 45 CSR 34 and 45 CSR 16, both 
effective on June 1, 2017.
    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 to use 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. Marcos 
Aquino, Acting Associate Director, Office of Permits and State 
Programs, at 215-814-3422.
Sincerely,

Cristina Fernandez, Director Air Protection Division

    On June 5, 2018, 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, 2017. On 
September 21, 2018, 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 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 September 21, 
2018 letter to West Virginia follows:

Mr. William F. Durham, Director
Division of Air Quality
West Virginia Department of Environmental Protection
601 57th Street, SE
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 June 5, 2018, 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, 2017. West Virginia noted that it 
understood 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.

[[Page 55362]]

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, 2018.
    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 adopted by reference in West 
Virginia's revised Legislative Rules 45 CSR 34 and 45 CSR 16, both 
effective on June 1, 2018.
    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 to use 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 Ms. Zelma 
Maldonado, Acting Associate Director, Office of Permits and State 
Programs, at 215-814-3448.
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: October 23, 2018.
Cristina Fernandez,
Director, Air Protection Division, Region III.
[FR Doc. 2018-24160 Filed 11-2-18; 8:45 am]
 BILLING CODE 6560-50-P

55360 Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices

following address. Be sure to reference issuances and submittals in specific determines that the prohibited
the project docket number (CP18–89– dockets. This can reduce the amount of communication and any responses thereto
000) with your submission: Kimberly D. time you spend researching proceedings should become a part of the decisional
Bose, Secretary, Federal Energy by automatically providing you with record, the prohibited off-the-record
Regulatory Commission, 888 First Street notification of these filings, document communication will not be considered by the
NE, Room 1A, Washington, DC 20426 summaries, and direct links to the Commission in reaching its decision. Parties
Any person seeking to become a party to a proceeding may seek the opportunity to
documents. Go to www.ferc.gov/docs-
to the proceeding must file a motion to respond to any facts or contentions made in
filing/esubscription.asp.
a prohibited off-the-record communication,
intervene pursuant to Rule 214 of the Dated: October 30, 2018. and may request that the Commission place
Commission’s Rules of Practice and
Kimberly D. Bose, the prohibited communication and responses
Procedures (18 CFR 385.214). Motions thereto in the decisional record. The
Secretary.
to intervene are more fully described at Commission will grant such a request only
http://www.ferc.gov/resources/guides/ [FR Doc. 2018–24105 Filed 11–2–18; 8:45 am]
when it determines that fairness so requires.
how-to/intervene.asp. Only intervenors BILLING CODE 6717–01–P
Any person identified below as having made
have the right to seek rehearing or a prohibited off-the-record communication
judicial review of the Commission’s shall serve the document on all parties listed
decision. The Commission may grant DEPARTMENT OF ENERGY
on the official service list for the applicable
affected landowners and others with Federal Energy Regulatory proceeding in accordance with Rule 2010, 18
environmental concerns intervenor Commission CFR 385.2010.
status upon showing good cause by Exempt off-the-record communications are
stating that they have a clear and direct [Docket No. RM98–1–000] included in the decisional record of the
interest in this proceeding which no proceeding, unless the communication was
other party can adequately represent. Records Governing Off-the-Record with a cooperating agency as described by 40
Simply filing environmental comments Communications; Public Notice CFR 1501.6, made under 18 CFR
will not give you intervenor status, but 385.2201(e)(1)(v).
you do not need intervenor status to This constitutes notice, in accordance with The following is a list of off-the-record
18 CFR 385.2201(b), of the receipt of communications recently received by the
have your comments considered.
prohibited and exempt off-the-record Secretary of the Commission. The
Additional information about the communications. communications listed are grouped by docket
project is available from the Order No. 607 (64 FR 51222, September 22, numbers in ascending order. These filings are
Commission’s Office of External Affairs, 1999) requires Commission decisional available for electronic review at the
at (866) 208–FERC, or on the FERC employees, who make or receive a prohibited Commission in the Public Reference Room or
website (www.ferc.gov) using the or exempt off-the-record communication
may be viewed on the Commission’s website
eLibrary link. The eLibrary link also relevant to the merits of a contested
at http://www.ferc.gov using the eLibrary
provides access to the texts of all formal proceeding, to deliver to the Secretary of the
Commission, a copy of the communication, link. Enter the docket number, excluding the
documents issued by the Commission, last three digits, in the docket number field
if written, or a summary of the substance of
such as orders, notices, and any oral communication. to access the document. For assistance,
rulemakings. Prohibited communications are included please contact FERC Online Support at
In addition, the Commission offers a in a public, non-decisional file associated FERCOnlineSupport@ferc.gov or toll free at
free service called eSubscription which with, but not a part of, the decisional record (866) 208–3676, or for TTY, contact (202)
allows you to keep track of all formal of the proceeding. Unless the Commission 502–8659.

Docket No. File date Presenter or requester

Prohibited:
1. CP17–117–000 ................................................................................................. 10–16–2018 Youngstown/Warren Regional Chamber.
CP17–118–000 .............................................................................................. ........................ President and CEO James Dignan.
Exempt:
1. CP17–101–000 ................................................................................................. 10–16–2018 FERC Staff. 1
2. CP17–101–000 ................................................................................................. 10–16–2018 FERC Staff. 2
3. CP17–41–000 ................................................................................................... 10–23–2018 FERC Staff. 3
4. CP17–117–000 ................................................................................................. 10–25–2018 State of Louisiana.
CP17–118–000 .............................................................................................. ........................ House Representative Taylor F. Barras.

ENVIRONMENTAL PROTECTION SUMMARY: On September 11, 2017 and
Dated: October 30, 2018. AGENCY September 21, 2018, the Environmental
Nathaniel J. Davis, Sr., Protection Agency (EPA) sent the State
[FRL–9986–04–Region 3]
of West Virginia (West Virginia) letters
Deputy Secretary.
Delegation of Authority to the State of acknowledging that West Virginia’s
[FR Doc. 2018–24096 Filed 11–2–18; 8:45 am]
West Virginia To Implement and delegation of authority to implement
BILLING CODE 6717–01–P
Enforce Additional or Revised National and enforce the National Emissions
Emission Standards for Hazardous Air Standards for Hazardous Air Pollutants
1 Conference Call Notes for meeting on October 3,
Pollutants Standards and New Source (NESHAP) and New Source
2018 with the National Marine Fisheries Service.
2 Conference Call Notes for meeting on October 3, Performance Standards Performance Standards (NSPS) had been
2018 with Transco. updated, as provided for under
AGENCY: Environmental Protection
3 Conference Call Notes for meeting on October previously approved delegation
19, 2018 with Environmental Resources Agency (EPA).
mechanisms. To inform regulated
Managements, Inc., Eagle LNG Partners ACTION: Notice of delegation of
Jacksonville, LLC, Cardno, and Florida Department facilities and the public, EPA is making
authority.
of Environmental Protection.

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Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices 55361

available a copy of EPA’s letters to West which are found at 40 CFR parts 60, 61, and Sincerely,
Virginia through this notice. 63. In those actions EPA also delegated to Cristina Fernandez, Director Air Protection
West Virginia the authority to implement and Division
DATES: On September 11, 2017 and enforce any future EPA NESHAP or NSPS on
September 21, 2018, EPA sent West On June 5, 2018, West Virginia
the condition that West Virginia legally adopt
Virginia letters acknowledging that West the future standards, make only allowed notified EPA that West Virginia had
Virginia’s delegation of authority to wording changes, and provide specified updated its incorporation by reference
implement and enforce Federal notice to EPA. of Federal NESHAP and NSPS to
NESHAPs and NSPS had been updated. In a letter dated June 6, 2017, West Virginia include many such standards as found
ADDRESSES: Copies of documents
informed EPA that West Virginia had in Title 40 of the Code of Federal
updated its incorporation by reference of Regulations (CFR), Parts 60, 61, and 63
pertaining to this action are available for federal NESHAP and NSPS to include many
public inspection during normal as of June 1, 2017. On September 21,
such standards as found in 40 CFR parts 60,
business hours at the Air Protection 2018, EPA sent West Virginia a letter
61, and 63 as of June 1, 2016. West Virginia
Division, U.S. Environmental Protection noted that it understood it was automatically acknowledging that West Virginia now
Agency, Region III, 1650 Arch Street, delegated the authority to implement these has the authority to implement and
Philadelphia, Pennsylvania 19103– standards. West Virginia committed to enforce the NESHAP and NSPS as
2029. Copies of West Virginia’s enforcing the standards in conformance with specified by West Virginia in its notice
submittal are also available at the West
the terms of EPA’s previous delegations of to EPA, as provided for under
authority. West Virginia made only allowed previously approved automatic
Virginia Department of Environmental wording changes.
Protection, Division of Air Quality, 601 delegation mechanisms. All
West Virginia provided copies of the notifications, applications, reports, and
57th Street SE, Charleston, West revised West Virginia Legislative Rules
Virginia 25304. which specify the NESHAP and NSPS which other correspondence required pursuant
West Virginia has adopted by reference. to the delegated NESHAP and NSPS
FOR FURTHER INFORMATION CONTACT:
These revised Legislative Rules are entitled must be submitted to both EPA Region
Emily Bertram, (215) 814–5273, or by 45 CSR 34—‘‘Emission Standards for III and to the West Virginia Department
email at bertram.emily@epa.gov. Hazardous Air Pollutants,’’ and 45 CSR 16— of Environmental Protection, unless the
SUPPLEMENTARY INFORMATION: On June 6, ‘‘Standards of Performance for New delegated standard specifically provides
2017, West Virginia notified EPA that Stationary Sources.’’ These revised Rules that such submittals may be sent to EPA
West Virginia had updated its have an effective date of June 1, 2017. or a delegated State. In such cases, the
incorporation by reference of Federal Accordingly, EPA acknowledges that West
Virginia now has the authority, as provided submittals should be sent only to the
NESHAP and NSPS to include many West Virginia Department of
for under the terms of EPA’s previous
such standards as found in Title 40 of delegation actions, to implement and enforce Environmental Protection. A copy of
the Code of Federal Regulations (CFR), the NESHAP and NSPS standards which EPA’s September 21, 2018 letter to West
Parts 60, 61, and 63 as of June 1, 2016. West Virginia adopted by reference in West Virginia follows:
On September 11, 2017, EPA sent West Virginia’s revised Legislative Rules 45 CSR
Mr. William F. Durham, Director
Virginia a letter acknowledging that 34 and 45 CSR 16, both effective on June 1,
Division of Air Quality
West Virginia now has the authority to 2017.
West Virginia Department of Environmental
implement and enforce the NESHAP Please note that on December 19, 2008 in
Protection
Sierra Club vs. EPA,1 the United States Court
and NSPS as specified by West Virginia 601 57th Street, SE
of Appeals for the District of Columbia Charleston, West Virginia 25304
in its notice to EPA, as provided for Circuit vacated certain provisions of the
under previously approved automatic General Provisions of 40 CFR part 63 relating Dear Mr. Durham:
delegation mechanisms. All to exemptions for startup, shutdown, and The United States Environmental
notifications, applications, reports, and malfunction (SSM). On October 16, 2009, the Protection Agency (EPA) has previously
other correspondence required pursuant Court issued the mandate vacating these SSM delegated to the State of West Virginia the
to the delegated NESHAP and NSPS exemption provisions, which are found at 40 authority to implement and enforce various
CFR part 63, § 63.6(f)(1), and (h)(1). federal National Emissions Standards for
must be submitted to both EPA Region Hazardous Air Pollutants (NESHAP) and
Accordingly, EPA no longer allows sources
III and to the West Virginia Department New Source Performance Standards (NSPS),
to use the SSM exemption as provided for in
of Environmental Protection, unless the the vacated provisions at 40 CFR part 63, which are found at 40 CFR parts 60, 61, and
delegated standard specifically provides § 63.6(f)(1), and (h)(1), even though EPA has 63. In those actions EPA also delegated to
that such submittals may be sent to EPA not yet formally removed the SSM exemption West Virginia the authority to implement and
or a delegated State. In such cases, the provisions from the General Provisions of 40 enforce any future EPA NESHAP or NSPS on
submittals should be sent only to the CFR part 63. Because West Virginia the condition that West Virginia legally adopt
incorporated 40 CFR part 63 by reference, the future standards, make only allowed
West Virginia Department of
West Virginia should also no longer allow wording changes, and provide specified
Environmental Protection. A copy of notice to EPA.
EPA’s September 11, 2017 letter to West sources to use the former SSM exemption
from the General Provisions of 40 CFR part In a letter dated June 5, 2018, West Virginia
Virginia follows: 63 due to the Court’s ruling in Sierra Club informed EPA that West Virginia had
Mr. William F. Durham, Director vs. EPA. updated its incorporation by reference of
Division of Air Quality federal NESHAP and NSPS to include many
EPA appreciates West Virginia’s such standards as found in 40 CFR parts 60,
West Virginia Department of Environmental continuing NESHAP and NSPS enforcement
Protection 61, and 63 as of June 1, 2017. West Virginia
efforts, and also West Virginia’s decision to noted that it understood it was automatically
601 57th Street take automatic delegation of additional and delegated the authority to implement these
Charleston, West Virginia 25304 more recent NESHAP and NSPS by adopting standards. West Virginia committed to
Dear Mr. Durham: them by reference. enforcing the standards in conformance with
The United States Environmental If you have any questions, please contact the terms of EPA’s previous delegations of
Protection Agency (EPA) has previously me or Mr. Marcos Aquino, Acting Associate authority. West Virginia made only allowed
delegated to the State of West Virginia the Director, Office of Permits and State wording changes.
authority to implement and enforce various Programs, at 215–814–3422. West Virginia provided copies of the
federal National Emissions Standards for revised West Virginia Legislative Rules
Hazardous Air Pollutants (NESHAP) and 1 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. which specify the NESHAP and NSPS which
New Source Performance Standards (NSPS), 2008). West Virginia has adopted by reference.

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55362 Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices

These revised Legislative Rules are entitled ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION:
45 CSR 34—‘‘Emission Standards for AGENCY Supporting documents which explain in
Hazardous Air Pollutants,’’ and 45 CSR 16— detail the information that the EPA will
‘‘Standards of Performance for New be collecting are available in the public
[EPA–HQ–OAR–2018–0663; FRL–9986–11–
Stationary Sources.’’ These revised Rules docket for this ICR. The docket can be
OAR]
have an effective date of June 1, 2018. viewed online at www.regulations.gov
Accordingly, EPA acknowledges that West Proposed Information Collection or in person at the EPA Docket Center,
Virginia now has the authority, as provided Request; Comment Request; WJC West, Room 3334, 1301
for under the terms of EPA’s previous Recordkeeping and Reporting Constitution Ave. NW, Washington, DC.
delegation actions, to implement and enforce Requirements for the Performance- The telephone number for the Docket
the NESHAP and NSPS standards which Based Measurement System for Fuels Center is 202–566–1744. For additional
West Virginia adopted by reference in West (Renewal) information about EPA’s public docket,
Virginia’s revised Legislative Rules 45 CSR visit http://www.epa.gov/dockets.
34 and 45 CSR 16, both effective on June 1, AGENCY: Environmental Protection Pursuant to section 3506(c)(2)(A) of
2018. Agency (EPA). the PRA, EPA is soliciting comments
Please note that on December 19, 2008 in ACTION: Notice. and information to enable it to: (i)
Sierra Club vs. EPA,2 the United States Court Evaluate whether the proposed
of Appeals for the District of Columbia SUMMARY: The Environmental Protection collection of information is necessary
Circuit vacated certain provisions of the Agency (EPA) is planning to submit an for the proper performance of the
General Provisions of 40 CFR part 63 relating information collection request (ICR), functions of the Agency, including
to exemptions for startup, shutdown, and ‘‘Recordkeeping and Reporting whether the information will have
malfunction (SSM). On October 16, 2009, the Requirements for the Performance-based practical utility; (ii) evaluate the
Court issued the mandate vacating these SSM Measurement System for Fuels’’ (EPA accuracy of the Agency’s estimate of the
exemption provisions, which are found at 40 ICR No. 2459.03, OMB Control No. burden of the proposed collection of
CFR part 63, § 63.6(f)(1), and (h)(1). 2060–0692) to the Office of Management information, including the validity of
Accordingly, EPA no longer allows sources and Budget (OMB) for review and the methodology and assumptions used;
to use the SSM exemption as provided for in approval in accordance with the (iii) enhance the quality, utility, and
the vacated provisions at 40 CFR part 63, Paperwork Reduction Act. Before doing clarity of the information to be
§ 63.6(f)(1), and (h)(1), even though EPA has so, EPA is soliciting public comments collected; and (iv) minimize the burden
not yet formally removed the SSM exemption on specific aspects of the proposed of the collection of information on those
provisions from the General Provisions of 40 information collection as described who are to respond, including through
CFR part 63. Because West Virginia below. This is a proposed extension of the use of appropriate automated
incorporated 40 CFR part 63 by reference, the ICR, which is currently approved electronic, mechanical, or other
West Virginia should also no longer allow through May 31, 2019. An Agency may technological collection techniques or
sources to use the former SSM exemption not conduct or sponsor and a person is other forms of information technology,
from the General Provisions of 40 CFR Part not required to respond to a collection e.g., permitting electronic submission of
63 due to the Court’s ruling in Sierra Club responses. EPA will consider the
of information unless it displays a
vs. EPA. comments received and amend the ICR
currently valid OMB control number.
EPA appreciates West Virginia’s
DATES: Comments must be submitted on as appropriate. The final ICR package
continuing NESHAP and NSPS enforcement
or before January 4, 2019. will then be submitted to OMB for
efforts, and also West Virginia’s decision to
review and approval. At that time, EPA
take automatic delegation of additional and ADDRESSES: Submit your comments,
will issue another Federal Register
more recent NESHAP and NSPS by adopting referencing Docket ID No. EPA–HQ–
notice to announce the submission of
them by reference. OAR–2018–0663, online using
the ICR to OMB and the opportunity to
If you have any questions, please contact www.regulations.gov (our preferred
submit additional comments to OMB.
me or Ms. Zelma Maldonado, Acting method), by email to a-and-r-docket@ Abstract: EPA regulations at 40 CFR
Associate Director, Office of Permits and epa.gov, or by mail to: EPA Docket part 80 set standards for certain
State Programs, at 215–814–3448. Center, Environmental Protection parameters of gasoline and diesel fuel,
Sincerely, Agency, Mail Code 28221T, 1200 such as sulfur content, to control
Cristina Fernandez, Director Air Protection Pennsylvania Ave. NW, Washington, DC harmful vehicle emissions and protect
Division 20460. emission controls. Refiners and
EPA’s policy is that all comments importers are required to test for these
This notice acknowledges the update received will be included in the public
of West Virginia’s delegation of parameters and report the results to
docket without change including any EPA. The regulations at 40 CFR part
authority to implement and enforce personal information provided, unless
NESHAP and NSPS. 80.47, 80.584, and 80.585 (1) identify
the comment includes profanity, threats, acceptable test methods for some of the
Dated: October 23, 2018. information claimed to be Confidential regulated parameters, (2) specify criteria
Cristina Fernandez, Business Information (CBI) or other for precision, accuracy, and quality
information whose disclosure is control for the test methods used to
Director, Air Protection Division, Region III.
restricted by statute. measure the regulated parameters
[FR Doc. 2018–24160 Filed 11–2–18; 8:45 am]
FOR FURTHER INFORMATION CONTACT: (certain test methods in use prior to
BILLING CODE 6560–50–P
James W. Caldwell, Compliance October 28, 2013 are exempt from some
Division, Office of Transportation and of the criteria), and (3) establish
Air Quality, 6405A, Environmental procedures by which a test laboratory
Protection Agency, 1200 Pennsylvania can demonstrate that an alternative test
Ave. NW, Washington, DC 20460; method meets the criteria and is thus
telephone number: 202–343–9303; fax ‘‘qualified’’ for use. This program for the
2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. number: 202–343–2802; email address: qualification of test methods is known
2008). caldwell.jim@epa.gov. as the Performance-based Measurement

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Document Created: 2018-11-03 00:28:48
Document Modified: 2018-11-03 00:28:48

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 September 11, 2017 and September 21, 2018, EPA sent West Virginia letters acknowledging that West Virginia's delegation of authority to implement and enforce Federal NESHAPs and NSPS had been updated.
Contact		Emily Bertram, (215) 814-5273, or by email at [email protected]
FR Citation		83 FR 55360