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, 38532-38533 [2014-15884]

Download as PDF 38532 Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices requirements, interventions, protests, service, and qualifying facilities filings can be found at: https://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. by reference of Federal NESHAP and NSPS, and of EPA’s response, may also be found posted on EPA Region III’s Web site at: https://www.epa.gov/ reg3artd/airregulations/delegate/ wvdelegation.htm. Dated: June 30, 2014. Nathaniel J. Davis, Sr., Deputy Secretary. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2014–15849 Filed 7–7–14; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9913–25–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 Environmental Protection Agency (EPA). ACTION: Notice of delegation of authority. AGENCY: On September 13, 2013, 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 September 13, 2013, 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. Copies of West Virginia’s notice to EPA that West Virginia has updated its incorporation tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:17 Jul 07, 2014 Jkt 232001 Ray Chalmers, (215) 814–2061, or by email at chalmers.ray@epa.gov. SUPPLEMENTARY INFORMATION: On June 5, 2013, 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. On September 13, 2013, 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 letter to West Virginia follows: ‘‘Mr. John Benedict, Director, Division of Air Quality, West Virginia Department of Environmental Protection, 601 57th Street, Charleston, West Virginia 25304. Dear Mr. Benedict: 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 C.F.R. 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. In a letter dated June 5, 2013, West Virginia informed EPA that West Virginia had updated its incorporation by reference of federal NESHAP and NSPS to include many such standards, to the extent referenced in 40 C.F.R. Part 60, effective June 1, 2012, and in 1 EPA has posted copies of these actions at: https:// www.epa.gov/reg3artd/airregulations/delegate/ wvdelegation.htm. PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 40 C.F.R. Parts 61, and 63, effective June 1, 2011. 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, 2013. 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, 2013. 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 C.F.R. 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 C.F.R. Part 63, §§ 63.6(f)(1) and (h)(1). Accordingly, EPA no longer allows sources the SSM exemption as provided for in the vacated provisions at 40 C.F.R. Part 63, §§ 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 C.F.R. Part 63. Because West Virginia incorporated 40 C.F.R. Part 63 by reference, West Virginia should also no longer allow sources to use the former SSM exemption from the General Provisions of 40 C.F.R. 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. Kathleen Cox, Associate Director, Office of Permits and Air Toxics, at 215–814– 2173. 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. 2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008). E:\FR\FM\08JYN1.SGM 08JYN1 Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices Dated: June 17, 2014. David Arnold, Acting Director, Air Protection Division, Region III. information about the FASAB can be obtained from its Web site at https:// www.fasab.gov. FOR FURTHER INFORMATION CONTACT: Wendy Payne, Executive Director, at (202) 512–7350. [FR Doc. 2014–15884 Filed 7–7–14; 8:45 am] BILLING CODE 6560–50–P Authority: Federal Advisory Committee Act, Pub. L. 92–463. FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD Notice of Request for Candidates Federal Accounting Standards Advisory Board. ACTION: Notice. tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: Board Action: Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. 92–463), as amended, and the FASAB Rules of Procedure, as amended in October, 2010, notice is hereby given that the Federal Accounting Standards Advisory Board (FASAB) is currently seeking candidates (candidates must not currently be federal employees) to serve as non-federal members of the FASAB. FASAB is the body designated to establish generally accepted accounting principles for federal government entities. Generally, non-federal Board members are selected from the general financial community, the accounting and auditing community, or the academic community. Specifically, FASAB is particularly interested in candidates who have experience as: • Analysts of financial information, • Economists or forecasters, • Academics, • Auditors, • Preparers of financial information, or • Those otherwise knowledgeable regarding the use of financial information in decision-making. The FASAB meets in Washington, DC, for two days every other month. Members are compensated based on current federal executive salaries. The member designated as chairperson of the board is typically compensated for 40-hours during each two-week pay period. Other members are typically compensated for 24 days per year. Travel expenses are reimbursed in accordance with federal travel regulations. Responses may be submitted by email to paynew@fasab.gov or by fax to (202) 512–7366. Responses may also be sent to: Ms. Wendy Payne, Executive Director, Federal Accounting Standards Advisory Board, 441 G Street NW., (Mailstop 681H19), Washington, DC 20548. Please submit your resume by September 15, 2014. Additional VerDate Mar<15>2010 16:48 Jul 07, 2014 Jkt 232001 Dated: July 1, 2014. Charles Jackson, Federal Register Liaison Officer. [FR Doc. 2014–15822 Filed 7–7–14; 8:45 am] BILLING CODE 1610–02–P FEDERAL COMMUNICATIONS COMMISSION Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501– 3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission’s burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number. DATES: Written PRA comments should be submitted on or before September 8, 2014. If you anticipate that you will be SUMMARY: PO 00000 Frm 00052 Fmt 4703 Sfmt 9990 38533 submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email PRA@ fcc.gov and to Cathy.Williams@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection, contact Cathy Williams at (202) 418–2918. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0506. Title: Application for FM Broadcast Station License, Form 302–FM. Form Number: FCC Form 302–FM. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit entities; Not-for-profit institutions. Number of Respondents and Responses: 925 respondents; 925 responses. Estimated Time per Response: 1–2 hours. Frequency of Response: On occasion reporting requirement. Total Annual Burden: 3,135 hours. Total Annual Costs: $601,500. Obligation To Respond: Required to obtain or retain benefits. The statutory authority for this collection of information is contained in Sections 154(i), 303 and 308 of the Communications Act of 1934, as amended. Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information. Privacy Impact Assessment(s): No impact(s). Needs and Uses: FCC Form 302–FM is required to be filed by licensees and permittees of FM broadcast stations to request and obtain a new or modified station license and/or to notify the Commission of certain changes in the licensed facilities of these stations. Data is used by FCC staff to confirm that the station is built to the terms specified in the outstanding construction permit and to ensure that any changes made to the station will not have any impact on other stations and the public. Data is extracted from FCC Form 302–FM for inclusion in the license to operate the station. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of the Managing Director. [FR Doc. 2014–15881 Filed 7–7–14; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38532-38533]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15884]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9913-25-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 September 13, 2013, 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 September 13, 2013, 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. Copies of West Virginia's notice 
to EPA that West Virginia has updated its incorporation by reference of 
Federal NESHAP and NSPS, and of EPA's response, may also be found 
posted on EPA Region III's Web site at: https://www.epa.gov/reg3artd/airregulations/delegate/wvdelegation.htm.

FOR FURTHER INFORMATION CONTACT: Ray Chalmers, (215) 814-2061, or by 
email at chalmers.ray@epa.gov.

SUPPLEMENTARY INFORMATION: On June 5, 2013, 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. On September 
13, 2013, 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 letter to West Virginia 
follows:

``Mr. John Benedict, Director, Division of Air Quality, West 
Virginia Department of Environmental Protection, 601 57th Street, 
Charleston, West Virginia 25304.

Dear Mr. Benedict:

    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 C.F.R. 
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: https://www.epa.gov/reg3artd/airregulations/delegate/wvdelegation.htm.
---------------------------------------------------------------------------

    In a letter dated June 5, 2013, West Virginia informed EPA that 
West Virginia had updated its incorporation by reference of federal 
NESHAP and NSPS to include many such standards, to the extent 
referenced in 40 C.F.R. Part 60, effective June 1, 2012, and in 40 
C.F.R. Parts 61, and 63, effective June 1, 2011. 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, 2013.
    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, 2013.
    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 
C.F.R. 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 
C.F.R. Part 63, Sec. 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 C.F.R. Part 63, 
Sec. 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 C.F.R. Part 63. Because West Virginia incorporated 
40 C.F.R. Part 63 by reference, West Virginia should also no longer 
allow sources to use the former SSM exemption from the General 
Provisions of 40 C.F.R. 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. Kathleen 
Cox, Associate Director, Office of Permits and Air Toxics, at 215-
814-2173.
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.


[[Page 38533]]


    Dated: June 17, 2014.
David Arnold,
Acting Director, Air Protection Division, Region III.
[FR Doc. 2014-15884 Filed 7-7-14; 8:45 am]
BILLING CODE 6560-50-P
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