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, 5821-5822 [2022-02052]
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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9462–01–R3]
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 December 7, 2021, 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
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 December 7, 2021, 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 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:
Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2339.
Mr. He can also be reached via
electronic mail at He.Yongtian@epa.gov.
SUPPLEMENTARY INFORMATION: On May 4,
2021, 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, 2020.
On December 7, 2021, EPA sent West
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SUMMARY:
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Virginia a letter acknowledging that
effective June 1, 2021, West Virginia 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 (49
FR 48692, 67 FR 15486, EPA delegation
letters dated March 19, 2001 and
January 8, 2002). 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 December 7, 2021 letter to West
Virginia follows:
‘‘Ms. Laura M. Crowder, Director
Division of Air Quality
West Virginia Department of Environmental
Protection
601 57th Street SE
Charleston, West Virginia 25304
Via email at laura.m.crowder@wv.gov
Dear Ms. Crowder:
This letter acknowledges your letter dated
May 4, 2021, in which the West Virginia
Department of Environmental Protection
(WVDEP) Division of Air Quality (DAQ)
informed the United States Environmental
Protection Agency (EPA) that West Virginia
had updated its incorporation by reference of
federal National Emissions Standards for
Hazardous Air Pollutants (NESHAPs) and
New Source Performance Standards (NSPSs)
to include many such standards as found in
40 CFR parts 60, 61, and 63 as of June 1,
2020. WVDEP DAQ noted in the letter that
it understood it was automatically delegated
the authority to implement these standards.
WVDEP DAQ stated its intent to enforce the
standards in conformance with the terms of
EPA’s previous delegations of authority
pursuant to the EPA final rules published at
49 FR 48692 and 67 FR 15486, and EPA
delegation letters.
In two rulemakings, 49 FR 48692
(December 14, 1984) and 67 FR 15486 (April
2, 2002), EPA established the basis for
delegation to West Virginia of specified
federal standards at 40 CFR parts 60, 61 and
63. Subsequently, in a letter dated March 19,
2001 (enclosed), to WVDEP Director Michael
Callaghan, EPA delegated to the State of West
Virginia the authority to implement and
enforce various federal NESHAPs found in 40
CFR part 63. In another letter to Director
Callaghan dated January 8, 2002 (enclosed),
EPA delegated to the State of West Virginia
the authority to implement and enforce
various federal NESHAPs found in 40 CFR
part 61 and NSPSs found in 40 CFR part 60).
In those letters, EPA also established that
future Part 60, Part 61 and Part 63 standards
would be automatically delegated to West
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Fmt 4703
Sfmt 4703
5821
Virginia subject to the conditions set forth in
those letters. Those rulemakings and letters
continue to control the conditions of
delegation of future standards and their terms
should be consulted for the specific
conditions that apply to each regulatory
program. However, in general terms, for
automatic delegation to take effect, the letters
establish conditions that can be paraphrased
as requiring: legal adoption the standards;
restrictions on the kinds of wording changes
West Virginia may make to the federal
standards when adopting them; and specific
notification from West Virginia to EPA when
a standard has been adopted.
WVDEP DAQ provided copies of the
revised West Virginia Legislative Rules
which specify the NESHAP and NSPS
regulations 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, 2021. EPA
has reviewed the Revised rules and
determined that they meet the conditions for
automatic delegation as established by EPA
in its prior letters and rulemakings.
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, effective on June 1, 2021.
Please note that on December 19, 2008 in
Sierra Club vs. EPA (551 F.3rd 1019, D.C.
Circuit 2008), 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 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.
If you have any questions, please contact
me or Ms. Mary Cate Opila, Chief, Permits
Branch, at 215–814–2041.
Sincerely,
Cristina Ferna´ndez,
Director, Air and Radiation Division’’
Enclosures
cc: Renu Chakrabarty (via email at
renu.m.chakrabarty@wv.gov)
Mike Egnor (via email at michael.egnor@
wv.gov)
This notice acknowledges the updates
of West Virginia’s delegation of
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02FEN1
5822
Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices
authority to implement and enforce
NESHAP and NSPS.
Dated: January 26, 2022.
Cristina Ferna´ndez,
Director, Air and Radiation Division, Region
III.
[FR Doc. 2022–02052 Filed 2–1–22; 8:45 am]
adjusted periodically to reflect changes
in the consumer price index. See 52
U.S.C. 30104(i)(3)(B), 30116(c); 11 CFR
109.32(a)(2), (b)(3), 110.17(a), (f). The
Commission is publishing this notice to
announce the adjusted limits and
disclosure threshold for 2022.
Coordinated Party Expenditure Limits
for 2022
BILLING CODE 6560–50–P
FEDERAL ELECTION COMMISSION
[NOTICE 2022–03]
Price Index Adjustments for
Expenditure Limitations and Lobbyist
Bundling Disclosure Threshold
Federal Election Commission.
Notice of adjustments to
expenditure limitations and lobbyist
bundling disclosure threshold.
AGENCY:
ACTION:
As mandated by provisions of
the Federal Election Campaign Act (‘‘the
Act’’), the Federal Election Commission
(‘‘the Commission’’) is adjusting certain
expenditure limitations and the lobbyist
bundling disclosure threshold set forth
in the Act, to index the amounts for
inflation. Additional details appear in
the supplemental information that
follows.
SUMMARY:
The new limitations apply
beginning on January 1, 2022.
DATES:
Ms.
Elizabeth S. Kurland, Information
Division, 1050 First Street NE,
Washington, DC 20463; (202) 694–1100
or (800) 424–9530.
SUPPLEMENTARY INFORMATION: Under the
Federal Election Campaign Act, 52
U.S.C. 30101–45, coordinated party
expenditure limits (52 U.S.C.
30116(d)(2)–(3)) and the disclosure
threshold for contributions bundled by
lobbyists (52 U.S.C. 30104(i)(3)(A)) are
FOR FURTHER INFORMATION CONTACT:
Under 52 U.S.C. 30116(c), the
Commission must adjust the
expenditure limitations established by
52 U.S.C. 30116(d) (the limits on
expenditures by national party
committees, state party committees, or
their subordinate committees in
connection with the general election
campaign of candidates for Federal
office) annually to account for inflation.
This expenditure limitation is increased
by the percent difference between the
price index, as certified to the
Commission by the Secretary of Labor,
for the 12 months preceding the
beginning of the calendar year and the
price index for the base period (calendar
year 1974). 52 U.S.C. 30116(c)(1)(B)(i),
(2)(B)(i).
1. Expenditure Limitation for House of
Representatives in States With More
Than One Congressional District
Both the national and state party
committees have an expenditure
limitation for each general election held
to fill a seat in the House of
Representatives in states with more than
one congressional district. See 52 U.S.C.
30116(d)(3)(B). This limitation also
applies to the District of Columbia and
territories that elect individuals to the
office of Delegate or Resident
Commissioner.1 Id. The formula used to
calculate the expenditure limitation in
such states and territories multiplies the
base figure of $10,000 by the difference
in the price index (5.49563), rounding to
the nearest $100. See 52 U.S.C.
30116(c)(1)(B), (d)(3)(B); 11 CFR
109.32(b), 110.17. Based upon this
formula, the expenditure limitation for
2022 general elections for House
candidates in these states, districts, and
territories is $55,000.
2. Expenditure Limitation for Senate
and for House of Representatives in
States With Only One Congressional
District
Both the national and state party
committees have an expenditure
limitation for a general election held to
fill a seat in the Senate or in the House
of Representatives in states with only
one congressional district. See 52 U.S.C.
30116(d)(3)(A). The formula used to
calculate this expenditure limitation
considers not only the price index but
also the voting age population (‘‘VAP’’)
of the state. Id. The VAP figures used to
calculate the expenditure limitations
were certified by the U.S. Census
Bureau. The VAP of each state is also
published annually in the Federal
Register by the U.S. Department of
Commerce. 11 CFR 110.18. The general
election expenditure limitation is the
greater of: The base figure ($20,000)
multiplied by the difference in the price
index, 5.49563 (which totals $109,900);
or $0.02 multiplied by the VAP of the
state, multiplied by 5.49563. See 52
U.S.C. 30116(c)(1)(B), (d)(3)(A); 11 CFR
109.32(b), 110.17. Amounts are rounded
to the nearest $100. 52 U.S.C.
30116(c)(1)(B)(iii); 11 CFR 109.32(b)(3),
110.17(c). The chart below provides the
state-by-state breakdown of the 2022
general election expenditure limitations
for Senate elections. The expenditure
limitation for 2022 House elections in
states with only one congressional
district 2 is $109,900.
SENATE GENERAL ELECTION COORDINATED EXPENDITURE LIMITS—2022 ELECTIONS 3
Voting age
population
(VAP)
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State
Alabama ....................................................................................................................................................
Alaska ........................................................................................................................................................
Arizona ......................................................................................................................................................
Arkansas ...................................................................................................................................................
California ...................................................................................................................................................
Colorado ....................................................................................................................................................
Connecticut ...............................................................................................................................................
Delaware ...................................................................................................................................................
Florida .......................................................................................................................................................
Georgia ......................................................................................................................................................
Hawaii ........................................................................................................................................................
Idaho .........................................................................................................................................................
Illinois ........................................................................................................................................................
Indiana .......................................................................................................................................................
1 Currently, these are Puerto Rico, American
Samoa, Guam, the United States Virgin Islands and
the Northern Mariana Islands. See https://
www.house.gov/representatives.
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21:31 Feb 01, 2022
Jkt 256001
3,917,625
553,317
5,662,328
2,322,502
30,465,205
4,568,613
2,875,887
795,090
17,491,848
8,275,264
1,137,154
1,431,897
9,868,245
5,218,979
VAP × .02 ×
the price index
(5.49563)
Senate expenditure limit
(the greater of the amount
in column 3 or $109,900)
$430,600
60,800
622,400
255,300
3,348,500
502,100
316,100
87,400
1,922,600
909,600
125,000
157,400
1,084,600
573,600
$430,600
109,900
622,400
255,300
3,348,500
502,100
316,100
109,900
1,922,600
909,600
125,000
157,400
1,084,600
573,600
2 Currently, these states are: Alaska, Delaware,
Montana, North Dakota, South Dakota, Vermont and
Wyoming. See https://www.house.gov/
representatives/.
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02FEN1
]]>Agencies
[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5821-5822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02052]
[[Page 5821]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9462-01-R3]
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 December 7, 2021, 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 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 December 7, 2021, 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
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: Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is (215) 814-2339. Mr. He can also be reached via electronic
mail at [email protected].
SUPPLEMENTARY INFORMATION: On May 4, 2021, 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, 2020. On December 7, 2021, EPA sent West Virginia a
letter acknowledging that effective June 1, 2021, West Virginia 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 (49 FR 48692, 67 FR 15486, EPA
delegation letters dated March 19, 2001 and January 8, 2002). 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 December 7, 2021 letter to
West Virginia follows:
``Ms. Laura M. Crowder, Director
Division of Air Quality
West Virginia Department of Environmental Protection
601 57th Street SE
Charleston, West Virginia 25304
Via email at [email protected]
Dear Ms. Crowder:
This letter acknowledges your letter dated May 4, 2021, in which
the West Virginia Department of Environmental Protection (WVDEP)
Division of Air Quality (DAQ) informed the United States
Environmental Protection Agency (EPA) that West Virginia had updated
its incorporation by reference of federal National Emissions
Standards for Hazardous Air Pollutants (NESHAPs) and New Source
Performance Standards (NSPSs) to include many such standards as
found in 40 CFR parts 60, 61, and 63 as of June 1, 2020. WVDEP DAQ
noted in the letter that it understood it was automatically
delegated the authority to implement these standards. WVDEP DAQ
stated its intent to enforce the standards in conformance with the
terms of EPA's previous delegations of authority pursuant to the EPA
final rules published at 49 FR 48692 and 67 FR 15486, and EPA
delegation letters.
In two rulemakings, 49 FR 48692 (December 14, 1984) and 67 FR
15486 (April 2, 2002), EPA established the basis for delegation to
West Virginia of specified federal standards at 40 CFR parts 60, 61
and 63. Subsequently, in a letter dated March 19, 2001 (enclosed),
to WVDEP Director Michael Callaghan, EPA delegated to the State of
West Virginia the authority to implement and enforce various federal
NESHAPs found in 40 CFR part 63. In another letter to Director
Callaghan dated January 8, 2002 (enclosed), EPA delegated to the
State of West Virginia the authority to implement and enforce
various federal NESHAPs found in 40 CFR part 61 and NSPSs found in
40 CFR part 60). In those letters, EPA also established that future
Part 60, Part 61 and Part 63 standards would be automatically
delegated to West Virginia subject to the conditions set forth in
those letters. Those rulemakings and letters continue to control the
conditions of delegation of future standards and their terms should
be consulted for the specific conditions that apply to each
regulatory program. However, in general terms, for automatic
delegation to take effect, the letters establish conditions that can
be paraphrased as requiring: legal adoption the standards;
restrictions on the kinds of wording changes West Virginia may make
to the federal standards when adopting them; and specific
notification from West Virginia to EPA when a standard has been
adopted.
WVDEP DAQ provided copies of the revised West Virginia
Legislative Rules which specify the NESHAP and NSPS regulations 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, 2021. EPA has reviewed the Revised rules and determined that
they meet the conditions for automatic delegation as established by
EPA in its prior letters and rulemakings.
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,
effective on June 1, 2021.
Please note that on December 19, 2008 in Sierra Club vs. EPA
(551 F.3rd 1019, D.C. Circuit 2008), 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
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.
If you have any questions, please contact me or Ms. Mary Cate
Opila, Chief, Permits Branch, at 215-814-2041.
Sincerely,
Cristina Fern[aacute]ndez,
Director, Air and Radiation Division''
Enclosures
cc: Renu Chakrabarty (via email at [email protected])
Mike Egnor (via email at [email protected])
This notice acknowledges the updates of West Virginia's delegation
of
[[Page 5822]]
authority to implement and enforce NESHAP and NSPS.
Dated: January 26, 2022.
Cristina Fern[aacute]ndez,
Director, Air and Radiation Division, Region III.
[FR Doc. 2022-02052 Filed 2-1-22; 8:45 am]
BILLING CODE 6560-50-P
