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, 57609-57610 [2015-24192]

Download as PDF Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Notices Notification of public teleconference meeting and public comment. ACTION: Pursuant to the Federal Advisory Committee Act, Public Law 92–463, the U.S. Environmental Protection Agency hereby provides notice that the Board of Scientific Counselors (BOSC) Homeland Security Subcommittee will host a public teleconference meeting on Thursday, October 1, 2015, from 1:00 p.m. to 3:00 p.m. Eastern Time. The primary discussion will focus on the draft report summarizing recommendations from the August 25–27, 2015 meeting. There will be a public comment period from 2:45 p.m. to 3:00 p.m. Eastern Time. Members of the public are encouraged to provide comments relevant to the topics of the meeting. For additional information about registering to attend the meeting or to provide public comment, please see the REGISTRATION and SUPPLEMENTARY INFORMATION sections below. Due to a limited number of telephone lines, attendance will be on a first-come, firstserved basis. Pre-registration is required. Registration for the teleconference meeting closes at noon Eastern Time, Tuesday, September 29, 2015. The deadline to sign up to speak during the public comment period, or to submit written public comments, is also noon, Tuesday, September 29, 2015. DATES: The BOSC Homeland Security Subcommittee teleconference meeting on Thursday, October 1, 2015, will begin promptly at 1:00 p.m. Eastern Time. Registration: In order to participate on the teleconference you must register at the following site: https://www.eventbrite.com/e/us-epabosc-homeland-security-subcommitteeconference-call-registration18471366354. Once you have completed the online registration you will be contacted and provided with call-in instructions. FOR FURTHER INFORMATION CONTACT: Questions or correspondence concerning the teleconference meeting should be directed to Tom Tracy, Designated Federal Officer, Environmental Protection Agency, by mail at 1200 Pennsylvania Avenue NW., (MC 8104 R), Washington, DC 20460; by telephone at 202–564–6518; or via email at tracy.tom@epa.gov. SUPPLEMENTARY INFORMATION: The Charter of the BOSC states that the advisory committee shall provide independent advice to the Administrator on technical and management aspects of the Office of Research and Development’s research tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:45 Sep 23, 2015 Jkt 235001 program. Additional information about the BOSC is available at: https:// www2.epa.gov/bosc. Oral Statements: Members of the public who wish to provide oral comment during the Thursday, October 1, 2015, public teleconference meeting must pre-register by noon, Eastern Time on Tuesday, September 29, 2015 at: https://www.eventbrite.com/e/us-epabosc-homeland-security-subcommitteeconference-call-registration18471366354. Individuals or groups making remarks during the public comment period will be limited to five (5) minutes. To accommodate the number of people who want to address the BOSC Homeland Security Subcommittee, only one representative of a particular community, organization, or group will be allowed to speak. Written Statements: Written comments for the public meeting must be received by noon, Eastern Time on Tuesday, September 29, 2015, and will be included in the materials distributed to the BOSC Homeland Security Subcommittee prior to the teleconference. Written comments should be sent to Tom Tracy, Environmental Protection Agency, via email at tracy.tom@epa.gov or by mail to 1200 Pennsylvania Avenue NW., (MC 8104 R), Washington, DC 20460 or submitted through regulations.gov, Docket ID No. EPA–HQ–ORD–2015– 0528. Information about Services for Individuals with Disabilities: For information about access or services for individuals with disabilities, please contact Tom Tracy, at 202–564–6518 or via email at tracy.tom@epa.gov. To request special accommodations for a disability, please contact Tom Tracy no later than September 28, 2015 to give EPA sufficient time to process your request. All requests should be sent to the address, email, or phone number listed in the FOR FURTHER INFORMATION CONTACT section above. Dated: September 17, 2015. Fred S. Hauchman, Director, Office of Science Policy. [FR Doc. 2015–24307 Filed 9–23–15; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 57609 ENVIRONMENTAL PROTECTION AGENCY [FRL–9934–58–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 June 24, 2015, 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 June 24, 2015, EPA sent West Virginia a letter acknowledging that West Virginia’s delegation of authority to implement and enforce NESHAP and NSPS had been updated. ADDRESSES: Copies of documents pertaining to this action are available for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103– 2029. Copies of West Virginia’s submittal are also available at the West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street SE., Charleston, West Virginia 25304. FOR FURTHER INFORMATION CONTACT: Ray Chalmers, (215) 814–2061, or by email at chalmers.ray@epa.gov. SUPPLEMENTARY INFORMATION: On June 8, 2015, 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, 2014. On June 24, 2015, 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 SUMMARY: E:\FR\FM\24SEN1.SGM 24SEN1 57610 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 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 June 24, 2015 letter to West Virginia follows: ‘‘Mr. William F. Durham, Director Division of Air Quality West Virginia Department of Environmental Protection 601 57th Street Charleston, West Virginia 25304 Dear Mr. Durham: The United States Environmental Protection Agency (EPA) has previously delegated to the State of West Virginia (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 63.1 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 8, 2015, 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, 2014. 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, 2015. 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 1 EPA has posted copies of these actions at: https://www.epa.gov/reg3artd/airregulations/ delegate/wvdelegation.htm. VerDate Sep<11>2014 16:45 Sep 23, 2015 Jkt 235001 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, 2015. 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, § 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 CFR 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 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. 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: September 15, 2015. Diana Esher, Director, Air Protection Division, Region III. [FR Doc. 2015–24192 Filed 9–23–15; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–0139] Information Collection Being Submitted for Review and Approval to the Office of Management and Budget 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 Communication Commission (FCC or Commission) invites the general public and other Federal agencies to take this SUMMARY: 2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008). PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 opportunity to comment on the following information collections. 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 OMB 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 OMB control number. DATES: Written comments should be submitted on or before October 26, 2015. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts below as soon as possible. Direct all PRA comments to Nicholas A. Fraser, OMB, via email Nicholas_A._Fraser@omb.eop.gov; and to Cathy Williams, FCC, via email PRA@ fcc.gov and to Cathy.Williams@fcc.gov. Include in the comments the OMB control number as shown in the ‘‘Supplementary Information’’ section below. ADDRESSES: For additional information or copies of the information collection, contact Cathy Williams at (202) 418–2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page https://www.reginfo.gov/ public/do/PRAMain, (2) look for the section of the Web page called ‘‘Currently Under Review,’’ (3) click on the downward-pointing arrow in the ‘‘Select Agency’’ box below the ‘‘Currently Under Review’’ heading, (4) select ‘‘Federal Communications Commission’’ from the list of agencies presented in the ‘‘Select Agency’’ box, (5) click the ‘‘Submit’’ button to the right of the ‘‘Select Agency’’ box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A FOR FURTHER INFORMATION CONTACT: E:\FR\FM\24SEN1.SGM 24SEN1

Agencies

[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Notices]
[Pages 57609-57610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24192]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9934-58-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 June 24, 2015, 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 June 24, 2015, EPA sent West Virginia a letter acknowledging 
that West Virginia's delegation of authority to implement and enforce 
NESHAP and NSPS had been updated.

ADDRESSES: Copies of documents pertaining to this action are available 
for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103-2029. Copies of West 
Virginia's submittal are also available at the West Virginia Department 
of Environmental Protection, Division of Air Quality, 601 57th Street 
SE., Charleston, West Virginia 25304.

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

SUPPLEMENTARY INFORMATION: On June 8, 2015, 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, 
2014. On June 24, 2015, 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

[[Page 57610]]

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 June 24, 2015 letter to West Virginia follows:

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

Dear Mr. Durham:

    The United States Environmental Protection Agency (EPA) has 
previously delegated to the State of West Virginia (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.\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 8, 2015, 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, 2014. 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, 2015.
    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, 2015.
    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 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.

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: September 15, 2015.
Diana Esher,
 Director, Air Protection Division, Region III.
[FR Doc. 2015-24192 Filed 9-23-15; 8:45 am]
BILLING CODE 6560-50-P
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