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, 13345-13346 [2017-04773]
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Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Notices
13345
TABLE 2—NOCS RECEIVED FROM DECEMBER 1, 2016 TO DECEMBER 30, 2016
Case No.
Received date
Commencement date
J–15–0033 .......................................
J–16–0033 .......................................
12/22/2016
12/19/2016
12/21/2016
12/4/2016
P–07–0177 .......................................
12/15/2016
9/11/2007
P–07–0395
P–14–0713
P–14–0714
P–14–0715
P–16–0074
P–16–0248
.......................................
.......................................
.......................................
.......................................
.......................................
.......................................
12/5/2016
12/7/2016
12/7/2016
12/7/2016
12/20/2016
12/5/2016
7/29/2007
11/20/2016
11/20/2016
11/20/2016
12/1/2016
11/18/2016
P–16–0492 .......................................
12/21/2016
12/10/2016
Authority: 15 U.S.C. 2601 et seq.
Dated: January 30, 2017.
Pamela Myrick,
Director, Information Management Division,
Office of Pollution Prevention and Toxics.
[FR Doc. 2017–04772 Filed 3–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9958–91–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 October 5, 2016, 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 October 5, 2016, EPA sent
West Virginia a letter acknowledging
that West Virginia’s delegation of
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
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18:37 Mar 09, 2017
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glycol monomethacrylate-blocked.
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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 e-mail
at chalmers.ray@epa.gov.
SUPPLEMENTARY INFORMATION: On July
11, 2016, 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, 2015.
On October 5, 2016, 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
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Environmental Protection. A copy of
EPA’s October 5, 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
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 July 11, 2016, 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, 2015. 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
E:\FR\FM\10MRN1.SGM
10MRN1
13346
Federal Register / Vol. 82, No. 46 / Friday, March 10, 2017 / Notices
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 July 1, 2016.
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 July 1, 2016.
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, § 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.
If you have any questions, please
contact me or Mr. David Campbell,
Associate Director, Office of Permits and
State Programs, at 215–814–2196.
Sincerely,
Cristina Fernandez, Director
Air Protection Division
sradovich on DSK3GMQ082PROD with NOTICES
This notice acknowledges the update
of West Virginia’s delegation of
authority to implement and enforce
NESHAP and NSPS.
Dated: January 18, 2017.
Cristina Fernandez,
Director, Air Protection Division, Region III.
[FR Doc. 2017–04773 Filed 3–9–17; 8:45 am]
BILLING CODE 6560–50–P
1 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir.
2008).
VerDate Sep<11>2014
18:37 Mar 09, 2017
Jkt 241001
ENVIRONMENTAL PROTECTION
AGENCY
[9956–73–OEI]
Cross-Media Electronic Reporting:
Authorized Program Revision
Approval, State of Montana
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice announces EPA’s
approval of the State of Montana’s
request to revise its National Primary
Drinking Water Regulations
Implementation EPA-authorized
program to allow electronic reporting.
DATES: EPA’s approval is effective April
10, 2017 for the State of Montana’s
National Primary Drinking Water
Regulations Implementation program, if
no timely request for a public hearing is
received and accepted by the Agency.
FOR FURTHER INFORMATION CONTACT:
Karen Seeh, U.S. Environmental
Protection Agency, Office of
Environmental Information, Mail Stop
2823T, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460, (202) 566–1175,
seeh.karen@epa.gov.
SUPPLEMENTARY INFORMATION: On
October 13, 2005, the final Cross-Media
Electronic Reporting Rule (CROMERR)
was published in the Federal Register
(70 FR 59848) and codified as part 3 of
title 40 of the CFR. CROMERR
establishes electronic reporting as an
acceptable regulatory alternative to
paper reporting and establishes
requirements to assure that electronic
documents are as legally dependable as
their paper counterparts. Subpart D of
CROMERR requires that state, tribal or
local government agencies that receive,
or wish to begin receiving, electronic
reports under their EPA-authorized
programs must apply to EPA for a
revision of those programs and obtain
EPA approval. Subpart D provides
standards for such approvals based on
consideration of the electronic
document receiving systems that the
state, tribe, or local government will use
to implement the electronic reporting.
Additionally, § 3.1000(b) through (e) of
40 CFR part 3, subpart D provides
special procedures for program
revisions to allow electronic reporting,
to be used at the option of the state,
tribe or local government in place of
procedures available under existing
program-specific authorization
regulations. An application submitted
under the subpart D procedures must
show that the state, tribe or local
government has sufficient legal
authority to implement the electronic
SUMMARY:
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Sfmt 4703
reporting components of the programs
covered by the application and will use
electronic document receiving systems
that meet the applicable subpart D
requirements.
On December 22, 2016, the Montana
Department of Environmental Quality
(MT DEQ) submitted an application
titled ‘‘Compliance Monitoring Data
Portal’’ for revision to its EPA-approved
drinking water program under title 40
CFR to allow new electronic reporting.
EPA reviewed MT DEQ’s request to
revise its EPA-authorized program and,
based on this review, EPA determined
that the application met the standards
for approval of authorized program
revision set out in 40 CFR part 3,
subpart D. In accordance with 40 CFR
3.1000(d), this notice of EPA’s decision
to approve Montana’s request to revise
its Part 142—National Primary Drinking
Water Regulations Implementation
program to allow electronic reporting
under 40 CFR part 141 is being
published in the Federal Register.
MT DEQ was notified of EPA’s
determination to approve its application
with respect to the authorized program
listed above.
Also, in today’s notice, EPA is
informing interested persons that they
may request a public hearing on EPA’s
action to approve the State of Montana’s
request to revise its authorized public
water system program under 40 CFR
part 142, in accordance with 40 CFR
3.1000(f). Requests for a hearing must be
submitted to EPA within 30 days of
publication of today’s Federal Register
notice. Such requests should include
the following information:
(1) The name, address and telephone
number of the individual, organization
or other entity requesting a hearing;
(2) A brief statement of the requesting
person’s interest in EPA’s
determination, a brief explanation as to
why EPA should hold a hearing, and
any other information that the
requesting person wants EPA to
consider when determining whether to
grant the request;
(3) The signature of the individual
making the request, or, if the request is
made on behalf of an organization or
other entity, the signature of a
responsible official of the organization
or other entity.
In the event a hearing is requested
and granted, EPA will provide notice of
the hearing in the Federal Register not
less than 15 days prior to the scheduled
hearing date. Frivolous or insubstantial
requests for hearing may be denied by
EPA. Following such a public hearing,
EPA will review the record of the
hearing and issue an order either
affirming today’s determination or
E:\FR\FM\10MRN1.SGM
10MRN1
Agencies
[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Notices]
[Pages 13345-13346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04773]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9958-91-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 October 5, 2016, 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 October 5, 2016, 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[dash]2061, or
by e-mail at chalmers.ray@epa.gov.
SUPPLEMENTARY INFORMATION: On July 11, 2016, 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, 2015. On October 5, 2016, 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 October 5, 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 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 July 11, 2016, 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, 2015. 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
[[Page 13346]]
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 July 1, 2016.
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 July 1,
2016.
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 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. David Campbell,
Associate Director, Office of Permits and State Programs, at 215-814-
2196.
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: January 18, 2017.
Cristina Fernandez,
Director, Air Protection Division, Region III.
[FR Doc. 2017-04773 Filed 3-9-17; 8:45 am]
BILLING CODE 6560-50-P