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, 5185-5186 [2021-00965]
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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices
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:
Christina Thompson, Environmental
Protection Agency, Stratospheric
Protection Division, Office of
Atmospheric Programs, MC 6205T,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: (202) 564–
0983; email address:
thompson.christina@epa.gov.
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 https://
www.regulations.gov. The EPA is
temporarily suspending its Docket
Center and Reading Room for public
visitors, with limited exceptions, to
reduce the risk of transmitting COVID–
19. Our Docket Center staff will
continue to provide remote customer
service via email, phone, and webform.
The telephone number for the Docket
Center is 202–566–1744. For further
information and updates on EPA Docket
Center services, please visit us online at
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.
VerDate Sep<11>2014
21:56 Jan 17, 2021
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Abstract: EPA’s Significant New
Alternatives Policy (SNAP) program
implements Section 612 of the 1990
Clean Air Act (CAA) Amendments
which authorized the Agency to
establish regulatory requirements to
ensure that ozone-depleting substances
(ODS) are replaced by alternatives that
reduce overall risks to human health
and the environment, and to promote an
expedited transition to safe substitutes.
To promote this transition, CAA
specified that EPA establish an
information clearinghouse of available
alternatives, and coordinate with other
Federal agencies and the public on
research, procurement practices, and
information and technology transfers.
Since the program’s inception in
1994, SNAP has reviewed close to 500
new chemicals and alternative
manufacturing processes for a wide
range of consumer, industrial, space
exploration, and national security
applications. Roughly 90% of
alternatives submitted to EPA for review
have been listed as acceptable for a
specific use, typically with some
condition or limit to minimize risks to
human health and the environment.
Regulations promulgated under SNAP
require that Motor Vehicle Air
Conditioners (MVACs) retrofitted to use
a SNAP substitute refrigerant include
basic information on a label to be
affixed to the air conditioner. The label
includes the name of the substitute
refrigerant, when and by whom the
retrofit was performed, environmental
and safety information about the
substitute refrigerant, and other
information. This information is needed
so that subsequent technicians working
on the MVAC system will be able to
service the equipment properly,
decreasing the likelihood of significant
refrigerant cross-contamination and
potential failure of air conditioning
systems and recovery/recycling
equipment.
Form Numbers: None.
Respondents/affected entities: Entities
potentially affected by this action are
new and used car dealers, gas service
stations, top and body repair shops,
general automotive repair shops,
automotive repair shops not elsewhere
classified, including air conditioning
and radiator specialty shops.
Respondent’s obligation to respond:
Mandatory under 40 CFR 82.180.
Estimated number of respondents: 3
(total).
Frequency of response: Once per
retrofit of a motor vehicle air
conditioner.
Total estimated burden: 0.08 hours
(per year). Burden is defined at 5 CFR
1320.3(b).
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5185
Total estimated cost: $3.64 (per year),
includes $0.10 (per year) annualized
capital or operation & maintenance
costs.
Changes in Estimates: There is a
decrease of 0.3 hours in the total
estimated respondent burden compared
with the ICR currently approved by
OMB (per year). This decrease is based
on the decline of MVACs in service
today using chlorofluorocarbons (CFCs),
specifically CFC–12. After 1994, new
cars in the U.S. were no longer
manufactured with CFC–12 MVACs.
The number of MVACs originally
designed to use CFC–12 as well as the
number of those retrofitted has been
decreasing every year and EPA
estimates a continued reduction in the
number of CFC–12 MVAC retrofits will
occur during the next three years. EPA
estimates that in 2020 there were 1,500
MVACs originally designed to use CFC–
12 operating in the U.S., and estimates
that in 2021, 2022 and 2023 the number
of cars originally designed to use CFC–
12 will decrease to 600, 200 and 100,
respectively. Of these, EPA estimates
that 1 MVAC will be retrofitted annually
to use alternative refrigerants. Therefore,
EPA estimates that in 2021, 2022 and
2023 the number of MVACs to be
retrofitted is 1 for each year; resulting in
a total of 3 MVAC retrofits over the
three years of this ICR. These reductions
are due to the decrease of CFC–12
MVACs available on the road for
retrofitting.
Hans Christopher Grundler,
Director, Office of Atmospheric Programs.
[FR Doc. 2021–01062 Filed 1–15–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–10016–81–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
Environmental Protection
Agency (EPA).
ACTION: Notice of delegation of
authority.
AGENCY:
On October 8, 2020, 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 the National
Emissions Standards for Hazardous Air
Pollutants (NESHAP) and New Source
SUMMARY:
E:\FR\FM\19JAN1.SGM
19JAN1
khammond on DSKJM1Z7X2PROD with NOTICES
5186
Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices
Performance Standards (NSPS) had been
updated, as provided for under
previously approved delegation
mechanisms. To inform regulated
facilities and the public, EPA is making
available a copy of EPA’s letter to West
Virginia through this notice.
DATES: On October 8, 2020, EPA sent
West Virginia a letter 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 & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, PA 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, WV 25304.
FOR FURTHER INFORMATION CONTACT:
Riley Burger, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, PA 19103. The telephone
number is (215) 814–2217. Mr. Burger
can also be reached via electronic mail
at burger.riley@epa.gov.
SUPPLEMENTARY INFORMATION: On May 6,
2019, 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, 2018.
On June 3, 2020, 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 CFR, parts 60, 61, and 63 as of June
1, 2019. On October 8, 2020, 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 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 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
VerDate Sep<11>2014
19:19 Jan 17, 2021
Jkt 253001
EPA’s October 8, 2020 letter to West
Virginia follows:
Mr. Laura M. Crowder, Director
Division of Air Quality
West Virginia Department of Environmental
Protection
601 57th Street SE
Charleston, West Virginia 25304
Dear Ms. Crowder:
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 May 6, 2019, 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, 2018. In a letter dated
June 3, 2020, 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, 2019. West Virginia
noted in both letters 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, 2019 for the
2019 letter and June 1, 2020 for the 2020
letter.
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, as effective on June 1,
2019 and subsequently on June 1, 2020.
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
1 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir.
2008).
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Fmt 4703
Sfmt 4703
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 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. Mary Cate Opila, Chief, Permits
Branch, at 215–814–2041.
Sincerely,
Cristina Fernandez, Director
Air and Radiation Division
EPA Region III
This notice acknowledges the updates
of West Virginia’s delegation of
authority to implement and enforce
NESHAP and NSPS.
Dated: November 17, 2020.
Cristina Fernandez,
Director, Air & Radiation Division, Region
III.
[FR Doc. 2021–00965 Filed 1–15–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2016–0731; FRL–10017–49–
OAR]
Proposed Information Collection
Request; Renewal; EPA’s Methane
Challenge Program
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency is planning to submit a renewal
information collection request (ICR),
‘‘EPA’s Natural Gas STAR and Methane
Challenge Programs’’ (EPA ICR No.
2547.01, OMB Control No. 2060–0722)
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
Before doing so, EPA is soliciting public
comments on specific aspects of the
proposed information collection as
described below. Specifically, EPA is
proposing to merge the ICR with ‘‘EPA’s
Natural Gas STAR Program’’ (EPA ICR
SUMMARY:
E:\FR\FM\19JAN1.SGM
19JAN1
Agencies
[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5185-5186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00965]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-10016-81-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 October 8, 2020, 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
the National Emissions Standards for Hazardous Air Pollutants (NESHAP)
and New Source
[[Page 5186]]
Performance Standards (NSPS) had been updated, as provided for under
previously approved delegation mechanisms. To inform regulated
facilities and the public, EPA is making available a copy of EPA's
letter to West Virginia through this notice.
DATES: On October 8, 2020, EPA sent West Virginia a letter
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 &
Radiation Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, PA 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, WV 25304.
FOR FURTHER INFORMATION CONTACT: Riley Burger, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, PA 19103. The telephone number is
(215) 814-2217. Mr. Burger can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION: On May 6, 2019, 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, 2018. On June 3, 2020, 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 CFR, parts 60, 61, and 63 as of June 1, 2019. On October 8, 2020,
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 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 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 8, 2020 letter to West Virginia
follows:
Mr. Laura M. Crowder, Director
Division of Air Quality
West Virginia Department of Environmental Protection
601 57th Street SE
Charleston, West Virginia 25304
Dear Ms. Crowder:
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 May 6, 2019, 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, 2018. In a letter dated June 3,
2020, 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, 2019. West Virginia noted in both letters 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, 2019 for the 2019 letter and June 1, 2020 for the 2020
letter.
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, as
effective on June 1, 2019 and subsequently on June 1, 2020.
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).
---------------------------------------------------------------------------
\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
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. Mary Cate
Opila, Chief, Permits Branch, at 215-814-2041.
Sincerely,
Cristina Fernandez, Director
Air and Radiation Division
EPA Region III
This notice acknowledges the updates of West Virginia's delegation
of authority to implement and enforce NESHAP and NSPS.
Dated: November 17, 2020.
Cristina Fernandez,
Director, Air & Radiation Division, Region III.
[FR Doc. 2021-00965 Filed 1-15-21; 8:45 am]
BILLING CODE 6560-50-P