Delegation of Authority to the State of West Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants Standards and New Source Performance Standards, 55360-55362 [2018-24160]
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55360
Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices
following address. Be sure to reference
the project docket number (CP18–89–
000) with your submission: Kimberly D.
Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street
NE, Room 1A, Washington, DC 20426
Any person seeking to become a party
to the proceeding must file a motion to
intervene pursuant to Rule 214 of the
Commission’s Rules of Practice and
Procedures (18 CFR 385.214). Motions
to intervene are more fully described at
https://www.ferc.gov/resources/guides/
how-to/intervene.asp. Only intervenors
have the right to seek rehearing or
judicial review of the Commission’s
decision. The Commission may grant
affected landowners and others with
environmental concerns intervenor
status upon showing good cause by
stating that they have a clear and direct
interest in this proceeding which no
other party can adequately represent.
Simply filing environmental comments
will not give you intervenor status, but
you do not need intervenor status to
have your comments considered.
Additional information about the
project is available from the
Commission’s Office of External Affairs,
at (866) 208–FERC, or on the FERC
website (www.ferc.gov) using the
eLibrary link. The eLibrary link also
provides access to the texts of all formal
documents issued by the Commission,
such as orders, notices, and
rulemakings.
In addition, the Commission offers a
free service called eSubscription which
allows you to keep track of all formal
issuances and submittals in specific
dockets. This can reduce the amount of
time you spend researching proceedings
by automatically providing you with
notification of these filings, document
summaries, and direct links to the
documents. Go to www.ferc.gov/docsfiling/esubscription.asp.
Dated: October 30, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018–24105 Filed 11–2–18; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RM98–1–000]
Records Governing Off-the-Record
Communications; Public Notice
This constitutes notice, in accordance with
18 CFR 385.2201(b), of the receipt of
prohibited and exempt off-the-record
communications.
Order No. 607 (64 FR 51222, September 22,
1999) requires Commission decisional
employees, who make or receive a prohibited
or exempt off-the-record communication
relevant to the merits of a contested
proceeding, to deliver to the Secretary of the
Commission, a copy of the communication,
if written, or a summary of the substance of
any oral communication.
Prohibited communications are included
in a public, non-decisional file associated
with, but not a part of, the decisional record
of the proceeding. Unless the Commission
Docket No.
File date
Prohibited:
1. CP17–117–000 .................................................................................................
CP17–118–000 ..............................................................................................
Exempt:
1. CP17–101–000 .................................................................................................
2. CP17–101–000 .................................................................................................
3. CP17–41–000 ...................................................................................................
4. CP17–117–000 .................................................................................................
CP17–118–000 ..............................................................................................
BILLING CODE 6717–01–P
1 Conference Call Notes for meeting on October 3,
2018 with the National Marine Fisheries Service.
2 Conference Call Notes for meeting on October 3,
2018 with Transco.
3 Conference Call Notes for meeting on October
19, 2018 with Environmental Resources
Managements, Inc., Eagle LNG Partners
Jacksonville, LLC, Cardno, and Florida Department
of Environmental Protection.
VerDate Sep<11>2014
18:38 Nov 02, 2018
Youngstown/Warren Regional Chamber.
President and CEO James Dignan.
10–16–2018
10–16–2018
10–23–2018
10–25–2018
........................
FERC Staff. 1
FERC Staff. 2
FERC Staff. 3
State of Louisiana.
House Representative Taylor F. Barras.
[FRL–9986–04–Region 3]
[FR Doc. 2018–24096 Filed 11–2–18; 8:45 am]
Jkt 247001
Delegation of Authority to the State of
West Virginia To Implement and
Enforce Additional or Revised National
Emission Standards for Hazardous Air
Pollutants Standards and New Source
Performance Standards
Environmental Protection
Agency (EPA).
ACTION: Notice of delegation of
authority.
AGENCY:
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Presenter or requester
10–16–2018
........................
ENVIRONMENTAL PROTECTION
AGENCY
Dated: October 30, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
determines that the prohibited
communication and any responses thereto
should become a part of the decisional
record, the prohibited off-the-record
communication will not be considered by the
Commission in reaching its decision. Parties
to a proceeding may seek the opportunity to
respond to any facts or contentions made in
a prohibited off-the-record communication,
and may request that the Commission place
the prohibited communication and responses
thereto in the decisional record. The
Commission will grant such a request only
when it determines that fairness so requires.
Any person identified below as having made
a prohibited off-the-record communication
shall serve the document on all parties listed
on the official service list for the applicable
proceeding in accordance with Rule 2010, 18
CFR 385.2010.
Exempt off-the-record communications are
included in the decisional record of the
proceeding, unless the communication was
with a cooperating agency as described by 40
CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
The following is a list of off-the-record
communications recently received by the
Secretary of the Commission. The
communications listed are grouped by docket
numbers in ascending order. These filings are
available for electronic review at the
Commission in the Public Reference Room or
may be viewed on the Commission’s website
at https://www.ferc.gov using the eLibrary
link. Enter the docket number, excluding the
last three digits, in the docket number field
to access the document. For assistance,
please contact FERC Online Support at
FERCOnlineSupport@ferc.gov or toll free at
(866) 208–3676, or for TTY, contact (202)
502–8659.
On September 11, 2017 and
September 21, 2018, the Environmental
Protection Agency (EPA) sent the State
of West Virginia (West Virginia) letters
acknowledging that West Virginia’s
delegation of authority to implement
and enforce the 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, EPA is making
SUMMARY:
E:\FR\FM\05NON1.SGM
05NON1
Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices
available a copy of EPA’s letters to West
Virginia through this notice.
DATES: On September 11, 2017 and
September 21, 2018, EPA sent West
Virginia letters acknowledging that West
Virginia’s delegation of authority to
implement and enforce Federal
NESHAPs 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:
Emily Bertram, (215) 814–5273, or by
email at bertram.emily@epa.gov.
SUPPLEMENTARY INFORMATION: On June 6,
2017, 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, 2016.
On September 11, 2017, 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 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 September 11, 2017 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),
VerDate Sep<11>2014
18:38 Nov 02, 2018
Jkt 247001
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 June 6, 2017, 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, 2016. West Virginia
noted that it understood 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, 2017.
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 adopted by reference in West
Virginia’s revised Legislative Rules 45 CSR
34 and 45 CSR 16, both effective on June 1,
2017.
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
to use 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. Marcos Aquino, Acting Associate
Director, Office of Permits and State
Programs, at 215–814–3422.
1 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir.
2008).
PO 00000
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55361
Sincerely,
Cristina Fernandez, Director Air Protection
Division
On June 5, 2018, 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, 2017. On September 21,
2018, 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 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 September 21, 2018 letter to West
Virginia follows:
Mr. William F. Durham, Director
Division of Air Quality
West Virginia Department of Environmental
Protection
601 57th Street, SE
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 June 5, 2018, 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, 2017. West Virginia
noted that it understood 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.
E:\FR\FM\05NON1.SGM
05NON1
55362
Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices
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, 2018.
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 adopted by reference in West
Virginia’s revised Legislative Rules 45 CSR
34 and 45 CSR 16, both effective on June 1,
2018.
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
to use 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 Ms. Zelma Maldonado, Acting
Associate Director, Office of Permits and
State Programs, at 215–814–3448.
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: October 23, 2018.
Cristina Fernandez,
Director, Air Protection Division, Region III.
[FR Doc. 2018–24160 Filed 11–2–18; 8:45 am]
BILLING CODE 6560–50–P
2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir.
2008).
VerDate Sep<11>2014
18:38 Nov 02, 2018
Jkt 247001
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2018–0663; FRL–9986–11–
OAR]
Proposed Information Collection
Request; Comment Request;
Recordkeeping and Reporting
Requirements for the PerformanceBased Measurement System for Fuels
(Renewal)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency (EPA) is planning to submit an
information collection request (ICR),
‘‘Recordkeeping and Reporting
Requirements for the Performance-based
Measurement System for Fuels’’ (EPA
ICR No. 2459.03, OMB Control No.
2060–0692) to the Office of Management
and Budget (OMB) for review and
approval in accordance with the
Paperwork Reduction Act. Before doing
so, EPA is soliciting public comments
on specific aspects of the proposed
information collection as described
below. This is a proposed extension of
the ICR, which is currently approved
through May 31, 2019. An Agency may
not conduct or sponsor and a person is
not required to respond to a collection
of information unless it displays a
currently valid OMB control number.
DATES: Comments must be submitted on
or before January 4, 2019.
ADDRESSES: Submit your comments,
referencing Docket ID No. EPA–HQ–
OAR–2018–0663, online using
www.regulations.gov (our preferred
method), by email to a-and-r-docket@
epa.gov, or by mail to: EPA Docket
Center, Environmental Protection
Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC
20460.
EPA’s policy is that all comments
received will be included in the public
docket without change including any
personal information provided, unless
the comment includes profanity, threats,
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute.
FOR FURTHER INFORMATION CONTACT:
James W. Caldwell, Compliance
Division, Office of Transportation and
Air Quality, 6405A, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460;
telephone number: 202–343–9303; fax
number: 202–343–2802; email address:
caldwell.jim@epa.gov.
SUMMARY:
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
SUPPLEMENTARY INFORMATION:
Supporting documents which explain in
detail the information that the EPA will
be collecting are available in the public
docket for this ICR. The docket can be
viewed online at www.regulations.gov
or in person at the EPA Docket Center,
WJC West, Room 3334, 1301
Constitution Ave. NW, Washington, DC.
The telephone number for the Docket
Center is 202–566–1744. For additional
information about EPA’s public docket,
visit https://www.epa.gov/dockets.
Pursuant to section 3506(c)(2)(A) of
the PRA, EPA is soliciting comments
and information to enable it to: (i)
Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Agency, including
whether the information will have
practical utility; (ii) evaluate the
accuracy of the Agency’s estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(iii) enhance the quality, utility, and
clarity of the information to be
collected; and (iv) minimize the burden
of the collection of information on those
who are to respond, including through
the use of appropriate automated
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses. EPA will consider the
comments received and amend the ICR
as appropriate. The final ICR package
will then be submitted to OMB for
review and approval. At that time, EPA
will issue another Federal Register
notice to announce the submission of
the ICR to OMB and the opportunity to
submit additional comments to OMB.
Abstract: EPA regulations at 40 CFR
part 80 set standards for certain
parameters of gasoline and diesel fuel,
such as sulfur content, to control
harmful vehicle emissions and protect
emission controls. Refiners and
importers are required to test for these
parameters and report the results to
EPA. The regulations at 40 CFR part
80.47, 80.584, and 80.585 (1) identify
acceptable test methods for some of the
regulated parameters, (2) specify criteria
for precision, accuracy, and quality
control for the test methods used to
measure the regulated parameters
(certain test methods in use prior to
October 28, 2013 are exempt from some
of the criteria), and (3) establish
procedures by which a test laboratory
can demonstrate that an alternative test
method meets the criteria and is thus
‘‘qualified’’ for use. This program for the
qualification of test methods is known
as the Performance-based Measurement
E:\FR\FM\05NON1.SGM
05NON1
]]>Agencies
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Notices]
[Pages 55360-55362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24160]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9986-04-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 Standards and New Source Performance
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of delegation of authority.
-----------------------------------------------------------------------
SUMMARY: On September 11, 2017 and September 21, 2018, the
Environmental Protection Agency (EPA) sent the State of West Virginia
(West Virginia) letters acknowledging that West Virginia's delegation
of authority to implement and enforce the 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, EPA is making
[[Page 55361]]
available a copy of EPA's letters to West Virginia through this notice.
DATES: On September 11, 2017 and September 21, 2018, EPA sent West
Virginia letters acknowledging that West Virginia's delegation of
authority to implement and enforce Federal NESHAPs 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: Emily Bertram, (215) 814-5273, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On June 6, 2017, 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, 2016. On September 11, 2017, 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 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 September 11, 2017 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 June 6, 2017, 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, 2016. West Virginia noted that it
understood 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, 2017.
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 adopted by reference in West
Virginia's revised Legislative Rules 45 CSR 34 and 45 CSR 16, both
effective on June 1, 2017.
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 to use 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. Marcos
Aquino, Acting Associate Director, Office of Permits and State
Programs, at 215-814-3422.
Sincerely,
Cristina Fernandez, Director Air Protection Division
On June 5, 2018, 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, 2017. On
September 21, 2018, 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 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 September 21,
2018 letter to West Virginia follows:
Mr. William F. Durham, Director
Division of Air Quality
West Virginia Department of Environmental Protection
601 57th Street, SE
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 June 5, 2018, 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, 2017. West Virginia noted that it
understood 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.
[[Page 55362]]
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, 2018.
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 adopted by reference in West
Virginia's revised Legislative Rules 45 CSR 34 and 45 CSR 16, both
effective on June 1, 2018.
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).
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\2\ Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008).
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Accordingly, EPA no longer allows sources to use 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 Ms. Zelma
Maldonado, Acting Associate Director, Office of Permits and State
Programs, at 215-814-3448.
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: October 23, 2018.
Cristina Fernandez,
Director, Air Protection Division, Region III.
[FR Doc. 2018-24160 Filed 11-2-18; 8:45 am]
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