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]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 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 Jkt 253001 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). PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 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). PO 00000 Frm 00057 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]


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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
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