Clean Water Act: West Virginia's NPDES Program Revision, 46945-46946 [2018-20037]

Download as PDF daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices 2 consecutive hours. A video camera that is capable of continuously recording (i.e., at least one frame every 15 seconds with time and date stamps) images of the flare flame and a reasonable distance above the flare flame at an angle suitable for visible emissions observations must be used to demonstrate compliance with this requirement. For LACC’s enclosed ground flare, LACC must install a video camera that is capable of continuously recording (i.e., at least one frame every 15 seconds with time and date stamps) the stack exhaust exit at a reasonable distance and at an angle suitable for visible emissions observation in order to demonstrate compliance with this requirement. The owner or operator must provide real-time video surveillance camera output to the control room or other continuously manned location where the video camera images may be viewed at any time. (4) For the MPGFs and Chalmette’s No. 1 Flare, the owner or operator of a flare system shall install and operate pressure monitor(s) on the main flare header, as well as a valve position indicator monitoring system capable of monitoring and recording the position for each staging valve to ensure that the flare operates within the range of tested conditions or within the range of the manufacturer’s specifications. Flares at refineries must meet the accuracy and calibration requirements in the Petroleum Refinery MACT at 40 CFR 63.671(a)(1) and (4) and Table 13. The pressure monitor at LACC shall meet the accuracy and calibration requirements in Table 4. Maintenance periods, instrument adjustments or checks to maintain precision and accuracy, and zero and span adjustments may not exceed 5 percent of the time the flare is receiving regulated material. (5) Recordkeeping Requirements (a) All data must be recorded and maintained for a minimum of 3 years or for as long as required under applicable rule subpart(s), whichever is longer. (6) Reporting Requirements (a) The information specified in section III(6)(b) and (c) below must be reported in the timeline specified by the applicable rule subpart(s) for which the flare will control emissions. (b) Owners or operators shall include the final AMEL operating requirements for each flare in their initial Notification of Compliance status report. (c) The owner or operator shall notify the Administrator of periods of excess emissions in their Periodic Reports. The owner or operator of refinery flares shall meet the reporting requirements in the Petroleum Refinery MACT in 40 CFR VerDate Sep<11>2014 17:47 Sep 14, 2018 Jkt 244001 63.655(g)(11)(i)–(iii), except that the applicable alternative operating conditions listed in Table 2 apply instead of the operating limits specified in 40 CFR 63.670(d) through (f). In addition, for refinery flares that are MPGFs, notification shall also include records specified in section (iv)–(v) below. For LACC MPGFs, the notification shall include the records specified in section (i)–(v) below. (i) Records of each 15-minute block for all flares during which there was at least 1 minute when regulated material was routed to the flare and a complete loss of pilot flame on a stage of burners occurred, and for all flares, records of each 15-minute block during which there was at least 1 minute when regulated material was routed to the flare and a complete loss of pilot flame on an individual burner occurred. (ii) Records of visible emissions events (including the time and date stamp) that exceed more than 5 minutes in any 2-hour consecutive period. (iii) Records of each 15-minute block period for which an applicable combustion zone operating condition (i.e., NHVcz or LFLcz) is not met for the flare when regulated material is being combusted in the flare. Indicate the date and time for each period, the NHVcz and/or LFLcz operating parameter for the period, the type of monitoring system used to determine compliance with the operating parameters (e.g., gas chromatograph or calorimeter), and also indicate which high-pressure stages were in use. (iv) Records of when the pressure monitor(s) on the main flare header show the flare burners are operating outside the range of tested conditions or outside the range of the manufacturer’s specifications. Indicate the date and time for each period, the pressure measurement, the stage(s) and number of flare burners affected, and the range of tested conditions or manufacturer’s specifications. (v) Records of when the staging valve position indicator monitoring system indicates a stage of the flare should not be in operation and is or when a stage of the flare should be in operation and is not. Indicate the date and time for each period, whether the stage was supposed to be open, but was closed, or vice versa, and the stage(s) and number of flare burners affected. Dated: September 11, 2018. Panagiotis Tsirigotis, Director, Office of Air Quality Planning and Standards. [FR Doc. 2018–20148 Filed 9–14–18; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 46945 ENVIRONMENTAL PROTECTION AGENCY [FRL–9983–85—Region 3] Clean Water Act: West Virginia’s NPDES Program Revision Environmental Protection Agency (EPA). ACTION: Notice of revision, public comment period, and opportunity to request a public hearing. AGENCY: The State of West Virginia has submitted revisions to its authorized National Pollutant Discharge Elimination System (NPDES) program for the U.S. Environmental Protection Agency’s (EPA) review. These revisions consist of amendments to the West Virginia Water Pollution Control Act codified in Senate Bill 357 (SB 357) and to West Virginia’s Code of State Regulations codified as House Bill 2283 (HB 2283). The EPA has determined that the submitted revisions constitute a substantial revision to West Virginia’s authorized NPDES program. Accordingly, the EPA is requesting public comment and providing a notice of an opportunity to request a public hearing. Copies of SB357 and HB2283 are available for public inspection as indicated below. DATES: Comments must be submitted in writing to EPA on or before October 17, 2018. ADDRESSES: Comments on the WV NPDES Program revisions should be sent to Francisco Cruz, Water Protection Division (3WP41), U.S. Environmental Protection Agency Region 3, 1650 Arch Street, Philadelphia, PA 19103–2019 or email to cruz.francisco@epa.gov. Oral comments will not be considered. Underlying documents from the administrative record for this decision are available for public inspection at the above address. Please contact Mr. Francisco Cruz to schedule an inspection. The public, during the term of this Federal Register notice, can request a public hearing. Such a hearing will be held if there is significant public interest based on requests received. FOR FURTHER INFORMATION CONTACT: For additional information, contact Francisco Cruz at (215) 814–5734. SUPPLEMENTARY INFORMATION: Section 402 of the Federal Clean Water Act (CWA) created the NPDES program under which the EPA may issue permits for the discharge of pollutants into waters of the United States under conditions required by the CWA. Section 402(b) allows states to assume NPDES program responsibilities upon approval by the EPA. On May 10, 1982, SUMMARY: E:\FR\FM\17SEN1.SGM 17SEN1 daltland on DSKBBV9HB2PROD with NOTICES 46946 Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices West Virginia received approval from the EPA to assume the NPDES program. EPA’s regulations at 40 CFR 123.62 establish procedures for revision of authorized state NPDES programs. Under § 123.62(a) a state may initiate a program revision and must keep EPA informed of proposed modifications to its statutory or regulatory authority. On May 13, 2015, West Virginia notified the EPA of enactment of HB 2283. On July 10, 2015, West Virginia submitted SB 357 for formal review by the EPA. Following additional correspondence between the EPA and the West Virginia Department of Environmental Protection and the West Virginia Environmental Hearing Board, the EPA has determined pursuant to 40 CFR 123.62(b)(1) that it has received such documents as are necessary for its review under the circumstances. Section 123.62(b)(2) requires the EPA to issue a public notice and to provide at least a 30-day public comment period whenever the EPA determines that a state program revision is substantial. Section 1233.62(b)(2) also requires the EPA to hold a public hearing regarding the proposed revision ‘‘if there is significant public interest based on requests received.’’ The EPA has determined that HB 2283 and SB357 constitute substantial revisions to West Virginia’s NPDES program. According to the West Virginia Department of Environmental Protection, SB 537 amends West Virginia Code § 22–11–6(2) and § 22– 11–8(a) to prohibit the incorporation or enforcement of water quality standards either expressly or by reference as effluent standards or limitations in West Virginia NPDES permits. SB 537 also adds West Virginia Code § 22–11–22a to establish a mining industry specific procedure to collect civil or administrative penalties and to enjoin violations of the West Virginia Water Pollution Control Act. HB 2283 revises W. Va. CSR 40–30–5f to delete the following language: ‘‘The discharge or discharges covered by a WV/NPDES permit are to be of such quality so as to not cause a violation of applicable water quality standards promulgated by 47 C.S.R. 2.’’ The 40 CFR 123.62(b)(3) states that the EPA will approve or disapprove program revisions on the requirements of this part. Furthermore 40 CFR 123.62(b)(4) indicates that a program revision shall become effective upon the approval of the EPA. Notice of approval of any substantial revision shall be published in the Federal Register. The EPA will consider public comments received before October 17, 2018 when determining whether to VerDate Sep<11>2014 17:47 Sep 14, 2018 Jkt 244001 approve the WV NPDES Program revision. Catharine R. McManus, Acting Director, Water Protection Division, U.S. Environmental Protection Agency, Region 3. [FR Doc. 2018–20037 Filed 9–14–18; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION [IB Docket No. 16–185; DA 18–885] Sixth Meeting of the World Radiocommunication Conference Advisory Committee Federal Communications Commission. ACTION: Notice. AGENCY: In accordance with the Federal Advisory Committee Act, this notice advises interested persons that the sixth meeting of the World Radiocommunication Conference Advisory Committee (WAC) will be held on October 1, 2018, at the Federal Communications Commission (FCC). The Advisory Committee will consider any preliminary views or draft proposals introduced by the Advisory Committee’s Informal Working Groups. DATES: October 1, 2018; 11:00 a.m. ADDRESSES: Federal Communications Commission, 445 12th Street SW, Room TW–C305, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Michael Mullinix, Designated Federal Official, World Radiocommunication Conference Advisory Committee, FCC International Bureau, Global Strategy and Negotiation Division, at (202) 418– 0491. SUPPLEMENTARY INFORMATION: The FCC established the Advisory Committee to provide advice, technical support and recommendations relating to the preparation of United States proposals and positions for the 2019 World Radiocommunication Conference (WRC–19). In accordance with the Federal Advisory Committee Act, Public Law 92–463, as amended, this notice advises interested persons of the fourth meeting of the Advisory Committee. Additional information regarding the Advisory Committee is available on the Advisory Committee’s website, www.fcc.gov/wrc19. The meeting is open to the public. The meeting will be broadcast live with open captioning over the internet from the FCC Live web page at www.fcc.gov/ live. Comments may be presented at the Advisory Committee meeting or in SUMMARY: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 advance of the meeting by email to: WRC-19@fcc.gov. Open captioning will be provided for this event. Other reasonable accommodations for people with disabilities are available upon request. Requests for such accommodations should be submitted via email to fcc504@fcc.gov or by calling the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Such requests should include a detailed description of the accommodation needed. In addition, please include a way for the FCC to contact the requester if more information is needed to fill the request. Please allow at least five days’ advance notice; last minute requests will be accepted, but may not be possible to accommodate. The proposed agenda for the fourth meeting is as follows: Agenda Sixth Meeting of the World Radiocommunication Conference Advisory Committee, Federal Communications Commission, 445 12th Street SW, Room TW–C305, Washington, DC 20554 October 1, 2018; 11:00 a.m. 1. Opening Remarks 2. Approval of Agenda 3. Approval of the Minutes of the Fifth Meeting 4. NTIA Draft Preliminary Views and Proposals 5. IWG Reports and Documents Relating to Preliminary Views and Draft Proposals 6. Future Meetings 7. Other Business 8. Memory of Alexander Gerdenitsch Federal Communications Commission. Troy Tanner, Deputy Chief, International Bureau. [FR Doc. 2018–20069 Filed 9–14–18; 8:45 am] BILLING CODE 6712–01–P FEDERAL DEPOSIT INSURANCE CORPORATION [OMB No. 3064–0028] Agency Information Collection Activities: Submission for OMB Review; Comment Request Federal Deposit Insurance Corporation (FDIC). ACTION: Notice and request for comment. AGENCY: The FDIC, as part of its obligations under the Paperwork Reduction Act of 1995, invites the general public and other Federal SUMMARY: E:\FR\FM\17SEN1.SGM 17SEN1

Agencies

[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46945-46946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20037]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9983-85--Region 3]


Clean Water Act: West Virginia's NPDES Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of revision, public comment period, and opportunity to 
request a public hearing.

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

SUMMARY: The State of West Virginia has submitted revisions to its 
authorized National Pollutant Discharge Elimination System (NPDES) 
program for the U.S. Environmental Protection Agency's (EPA) review. 
These revisions consist of amendments to the West Virginia Water 
Pollution Control Act codified in Senate Bill 357 (SB 357) and to West 
Virginia's Code of State Regulations codified as House Bill 2283 (HB 
2283). The EPA has determined that the submitted revisions constitute a 
substantial revision to West Virginia's authorized NPDES program. 
Accordingly, the EPA is requesting public comment and providing a 
notice of an opportunity to request a public hearing. Copies of SB357 
and HB2283 are available for public inspection as indicated below.

DATES: Comments must be submitted in writing to EPA on or before 
October 17, 2018.

ADDRESSES: Comments on the WV NPDES Program revisions should be sent to 
Francisco Cruz, Water Protection Division (3WP41), U.S. Environmental 
Protection Agency Region 3, 1650 Arch Street, Philadelphia, PA 19103-
2019 or email to [email protected]. Oral comments will not be 
considered. Underlying documents from the administrative record for 
this decision are available for public inspection at the above address. 
Please contact Mr. Francisco Cruz to schedule an inspection. The 
public, during the term of this Federal Register notice, can request a 
public hearing. Such a hearing will be held if there is significant 
public interest based on requests received.

FOR FURTHER INFORMATION CONTACT: For additional information, contact 
Francisco Cruz at (215) 814-5734.

SUPPLEMENTARY INFORMATION: Section 402 of the Federal Clean Water Act 
(CWA) created the NPDES program under which the EPA may issue permits 
for the discharge of pollutants into waters of the United States under 
conditions required by the CWA. Section 402(b) allows states to assume 
NPDES program responsibilities upon approval by the EPA. On May 10, 
1982,

[[Page 46946]]

West Virginia received approval from the EPA to assume the NPDES 
program.
    EPA's regulations at 40 CFR 123.62 establish procedures for 
revision of authorized state NPDES programs. Under Sec.  123.62(a) a 
state may initiate a program revision and must keep EPA informed of 
proposed modifications to its statutory or regulatory authority. On May 
13, 2015, West Virginia notified the EPA of enactment of HB 2283. On 
July 10, 2015, West Virginia submitted SB 357 for formal review by the 
EPA. Following additional correspondence between the EPA and the West 
Virginia Department of Environmental Protection and the West Virginia 
Environmental Hearing Board, the EPA has determined pursuant to 40 CFR 
123.62(b)(1) that it has received such documents as are necessary for 
its review under the circumstances.
    Section 123.62(b)(2) requires the EPA to issue a public notice and 
to provide at least a 30-day public comment period whenever the EPA 
determines that a state program revision is substantial. Section 
1233.62(b)(2) also requires the EPA to hold a public hearing regarding 
the proposed revision ``if there is significant public interest based 
on requests received.'' The EPA has determined that HB 2283 and SB357 
constitute substantial revisions to West Virginia's NPDES program.
    According to the West Virginia Department of Environmental 
Protection, SB 537 amends West Virginia Code Sec.  22-11-6(2) and Sec.  
22-11-8(a) to prohibit the incorporation or enforcement of water 
quality standards either expressly or by reference as effluent 
standards or limitations in West Virginia NPDES permits. SB 537 also 
adds West Virginia Code Sec.  22-11-22a to establish a mining industry 
specific procedure to collect civil or administrative penalties and to 
enjoin violations of the West Virginia Water Pollution Control Act. HB 
2283 revises W. Va. CSR 40-30-5f to delete the following language: 
``The discharge or discharges covered by a WV/NPDES permit are to be of 
such quality so as to not cause a violation of applicable water quality 
standards promulgated by 47 C.S.R. 2.''
    The 40 CFR 123.62(b)(3) states that the EPA will approve or 
disapprove program revisions on the requirements of this part. 
Furthermore 40 CFR 123.62(b)(4) indicates that a program revision shall 
become effective upon the approval of the EPA. Notice of approval of 
any substantial revision shall be published in the Federal Register.
    The EPA will consider public comments received before October 17, 
2018 when determining whether to approve the WV NPDES Program revision.

Catharine R. McManus,
Acting Director, Water Protection Division, U.S. Environmental 
Protection Agency, Region 3.
[FR Doc. 2018-20037 Filed 9-14-18; 8:45 am]
 BILLING CODE 6560-50-P
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