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, 62136-62137 [2014-24648]
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Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices
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Etchells.elizabeth@epa.gov.
DATES: Tuesday, December 9, 2014 from
9:00 a.m. to 4:30 p.m. Registration
begins at 8:30 a.m.
ADDRESSES: The meeting is currently
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LA 70130. However, this date and
location are subject to change and
interested parties should monitor the
Subcommittee Web site (above) for the
latest logistical information.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Etchells, Designated Federal
Officer, Transportation and Climate
Division, Mailcode 6406A, U.S. EPA,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460; Ph: 202–343–
9231; email: Etchells.elizabeth@epa.gov.
Background on the work of the
Subcommittee is available at: https://
www.epa.gov/air/caaac/mobile_
sources.html. Individuals or
organizations wishing to provide
comments to the Subcommittee should
submit them to Ms. Etchells at the
address above by November 21, 2014.
The Subcommittee expects that public
statements presented at its meetings will
not be repetitive of previously
submitted oral or written statements.
SUPPLEMENTARY INFORMATION: During the
meeting, the Subcommittee may also
hear progress reports from some of its
workgroups as well as updates and
announcements on activities of general
interest to attendees.
For Individuals with Disabilities: For
information on access or services for
individuals with disabilities, please
contact Ms. Etchells (see above). To
request accommodation of a disability,
please contact Ms. Etchells, preferably
at least 10 days prior to the meeting, to
give EPA as much time as possible to
process your request.
Dated: October 8, 2014.
Christopher Grundler,
Director, Office of Transportation and Air
Quality.
[FR Doc. 2014–24651 Filed 10–15–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
asabaliauskas on DSK5VPTVN1PROD with NOTICES
[FRL–9918–01–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).
AGENCY:
VerDate Sep<11>2014
17:19 Oct 15, 2014
Jkt 235001
Notice of delegation of
authority.
ACTION:
On July 21, 2014, 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 July 21, 2014, 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
11, 2014, West Virginia notified EPA
that West Virginia had updated its
incorporation by reference of Federal
NESHAP and NSPS to include many
such standards, as found in the Code of
Federal Regulations (CFR), parts 60, 61,
and 63, as of June 1, 2013. On July 21,
2014, 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
SUMMARY:
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
to the delegated NESHAP and NSPS
must be submitted to both the U.S. 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. William F. Durham, Acting Director
Division of Air Quality
West Virginia Department of Environmental
Protection
601 57th Street
Charleston, West Virginia 25304
Dear Mr. Durham:
The United States Environmental
Protection Agency (EPA) has previously
delegated to the State of West Virginia (West
Virginia) the authority to implement and
enforce various federal National Emissions
Standards for Hazardous Air Pollutants
(NESHAP) and New Source Performance
Standards (NSPS), which are found at 40
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 11, 2014, 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 C.F.R. Parts 60,
61, and 63 as of June 1, 2013. 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, 2014.
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, 2014.
1 EPA has posted copies of these actions at: https://
www.epa.gov/reg3artd/airregulations/delegate/
wvdelegation.htm.
E:\FR\FM\16OCN1.SGM
16OCN1
Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices
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 Mr. Brian Rehn, Acting Associate
Director, Office of Permits and Air Toxics, at
215–814–2176.
Sincerely,
Diana Esher, Director
Air Protection Division’’
This notice acknowledges the update
of West Virginia’s delegation of
authority to implement and enforce
NESHAP and NSPS.
Dated: October 1, 2014.
David Arnold,
Acting Director, Air Protection Division,
Region III.
[FR Doc. 2014–24648 Filed 10–15–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9918–02–Region 3]
Delegation of Authority to the
Commonwealth of 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.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
AGENCY:
On July 29, 2014, the
Environmental Protection Agency (EPA)
sent the Commonwealth of Virginia
(Virginia) a letter acknowledging that
Virginia’s delegation of authority to
SUMMARY:
2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir.
2008).
VerDate Sep<11>2014
17:19 Oct 15, 2014
Jkt 235001
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 Virginia’s
updated delegation of authority to
implement and enforce NESHAP and
NSPS, EPA is making available a copy
of EPA’s letter to Virginia through this
notice.
DATES: On July 29, 2014, EPA sent
Virginia a letter acknowledging that
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 Virginia’s submittal are
also available at the Virginia
Department of Environmental Quality,
629 East Main Street, Richmond,
Virginia 23219. Copies of Virginia’s
notice to EPA that 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/vadelegation.htm.
FOR FURTHER INFORMATION CONTACT: Ray
Chalmers, (215) 814–2061, or by email
at chalmers.ray@epa.gov.
SUPPLEMENTARY INFORMATION: On July
16, 2014, Virginia notified EPA that
Virginia had updated its incorporation
by reference of Federal NESHAP and
NSPS to include many such standards,
as they were published in final form in
the Code of Federal Regulations dated
July 1, 2013. On July 29, 2014, EPA sent
Virginia a letter acknowledging that
Virginia now has the authority to
implement and enforce the NESHAP
and NSPS as specified by 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 Virginia
Department of Environmental Quality,
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
Virginia Department of Environmental
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
62137
Quality. A copy of EPA’s letter to
Virginia follows:
‘‘Michael G. Dowd, Director
Air Division
Virginia Department of
Environmental Quality
629 East Main Street
P.O. Box 1105
Richmond, Virginia 23218
Dear Mr. Dowd:
The United States Environmental
Protection Agency (EPA) has previously
delegated to the Commonwealth of Virginia
(Virginia) the authority to implement and
enforce various federal National Emissions
Standards for Hazardous Air Pollutants
(NESHAP) and New Source Performance
Standards (NSPS), which are found at 40 CFR
Parts 60, 61 and 63.1 In those actions, EPA
also delegated to Virginia the authority to
implement and enforce any future EPA
NESHAP or NSPS on the condition that
Virginia legally adopt the future standards,
make only allowed wording changes, and
provide specified notice to EPA.
In a letter dated July 16, 2014, Virginia
informed EPA that Virginia had updated its
incorporation by reference of federal
NESHAP and NSPS to include many such
standards, as they were published in final
form in the Code of Federal Regulations
dated July 1, 2013. Virginia noted that its
intent in updating its incorporation by
reference of the NESHAP and NSPS was to
retain the authority to enforce all standards
included in the revisions, as per the
provisions of EPA’s previous delegation
actions. Virginia committed to enforcing the
federal standards in conformance with the
terms of EPA’s previous delegations of
authority. Virginia made only allowed
wording changes.
Virginia provided copies of its revised
regulations specifying the NESHAP and
NSPS which Virginia has adopted by
reference. These revised regulations are
entitled 9 VAC 5–50 ‘‘New and Modified
Stationary Sources,’’ and 9 VAC 5–60
‘‘Hazardous Air Pollutant Sources.’’ These
revised regulations have an effective date of
July 1, 2014.
Accordingly, EPA acknowledges that
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
Virginia has adopted by reference in
Virginia’s revised regulations 9 VAC 5–50
and 9 VAC 5–60, both effective on July 1,
2014.
Please note that on December 19, 2008, in
Sierra Club v. 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 a mandate vacating these SSM
1 EPA has posted copies of these actions at: https://
www.epa.gov/reg3artd/airregulations/delegate/
vadelegation.htm.
2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir.
2008).
E:\FR\FM\16OCN1.SGM
16OCN1
Agencies
[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Notices]
[Pages 62136-62137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24648]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9918-01-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 July 21, 2014, 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 July 21, 2014, 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 11, 2014, West Virginia notified EPA
that West Virginia had updated its incorporation by reference of
Federal NESHAP and NSPS to include many such standards, as found in the
Code of Federal Regulations (CFR), parts 60, 61, and 63, as of June 1,
2013. On July 21, 2014, 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 U.S. 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. William F. Durham, Acting Director
Division of Air Quality
West Virginia Department of Environmental Protection
601 57th Street
Charleston, West Virginia 25304
Dear Mr. Durham:
The United States Environmental Protection Agency (EPA) has
previously delegated to the State of West Virginia (West Virginia)
the authority to implement and enforce various federal National
Emissions Standards for Hazardous Air Pollutants (NESHAP) and New
Source Performance Standards (NSPS), which are found at 40 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 11, 2014, 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 C.F.R.
Parts 60, 61, and 63 as of June 1, 2013. 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, 2014.
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, 2014.
[[Page 62137]]
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. 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.
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 Mr. Brian Rehn,
Acting Associate Director, Office of Permits and Air Toxics, at 215-
814-2176.
Sincerely,
Diana Esher, Director
Air Protection Division''
This notice acknowledges the update of West Virginia's delegation
of authority to implement and enforce NESHAP and NSPS.
Dated: October 1, 2014.
David Arnold,
Acting Director, Air Protection Division, Region III.
[FR Doc. 2014-24648 Filed 10-15-14; 8:45 am]
BILLING CODE 6560-50-P