Environmental Impact Statements; Notice of Availability, 83939-83940 [2023-26426]
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Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices
Dated: November 27, 2023.
Dzung Kim Ngo Kidd,
Acting Director, Water Division, Region 6.
[FR Doc. 2023–26437 Filed 11–30–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–11578–01–R3]
Delegation of Authority to the
Commonwealth of Virginia To
Implement and Enforce Additional or
Revised National Emission Standards
for Hazardous Air Pollutants and New
Source Performance Standards
Environmental Protection
Agency (EPA).
ACTION: Notice of delegation of
authority.
AGENCY:
On October 24, 2023, the
Environmental Protection Agency (EPA)
sent the Commonwealth of Virginia
(Virginia) a letter acknowledging that
Virginia’s delegation of authority to
implement and enforce the National
Emissions Standards for Hazardous Air
Pollutants (NESHAPs) 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
Virginia through this notice.
DATES: On October 24, 2023, EPA sent
Virginia a letter acknowledging that
Virginia’s delegation of authority to
implement and enforce certain Federal
NSPS and NESHAPs 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, 1600 John F.
Kennedy Blvd., Philadelphia, PA
19103–2029. Copies of Virginia’s
submittal are also available at the
Virginia Department of Environmental
Quality, 1111 East Main Street,
Richmond, VA 23219.
FOR FURTHER INFORMATION CONTACT:
Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, Four Penn Center, 1600 JFK
Boulevard, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2339, or Mr. He can also be reached
via electronic mail at He.Yongtian@
epa.gov.
SUPPLEMENTARY INFORMATION: On March
16, 2023, Virginia notified EPA that
Virginia had updated its incorporation
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SUMMARY:
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by reference of Federal NSPS, NESHAP,
and Maximum Available Control
Technology (MACT) standards to
include many such standards, as they
were published in final form in the
Code of Federal Regulations (CFR) dated
July 1, 2022. On October 24, 2023, EPA
sent Virginia a letter acknowledging that
Virginia now has the authority to
implement and enforce the NSPS,
NESHAP, and MACT standards as
specified by 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 NSPS, NESHAP, and
MACT must be submitted to both EPA,
Region III and to the Virginia
Department of Environmental Quality,
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
Virginia Department of Environmental
Quality. A copy of EPA’s letter to
Virginia follows:
‘‘Michael G. Dowd, Director
Air Division
Virginia Department of Environmental
Quality
P.O. Box 1105
Richmond, VA 23218
Dear Mr. Dowd:
The United States Environmental
Protection Agency (EPA) has previously
delegated to the Commonwealth of Virginia
(Virginia) the authority to implement and
enforce various federal New Source
Performance Standards (NSPS), National
Emission Standards for Hazardous Air
Pollutants (NESHAP), and National Emission
Standards for Hazardous Air Pollutants for
Source Categories (MACT standards) which
are found at 40 CFR parts 60, 61 and 63,
respectively. In those actions, EPA also
delegated to Virginia the authority to
implement and enforce any future federal
NSPS, NESHAP or MACT Standards on the
condition that Virginia legally adopt the
future standards, make only allowed wording
changes, and provide specified notice to
EPA.
In a letter dated March 16, 2023, Virginia
submitted to EPA revised versions of
Virginia’s regulations which incorporate by
reference specified federal NSPS, NESHAP
and MACT standards, as those federal
standards had been published in final form
in the Code of Federal Regulations dated July
1, 2022. Virginia committed to enforcing the
federal standards in conformance with the
terms of EPA’s previous delegations of
authority and made only allowed wording
changes.
Virginia stated that it had submitted the
revisions ‘‘to retain its authority to enforce
the NSPSs and NESHAPs under the
delegation of authority granted by EPA on
August 27, 1981 (46 FR 43300) and to enforce
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Fmt 4703
Sfmt 4703
83939
the MACT standards under the delegation of
authority granted by EPA on January 26, 1999
(64 FR 3938) and January 8, 2002 (67 FR
825).’’
Virginia provided copies of its revised
regulations which specify the NSPS,
NESHAP and MACT Standards which it had
adopted by reference. Virginia’s revised
regulations are entitled 9 VAC 5–50 ‘‘New
and Modified Stationary Sources,’’ and 9
VAC 5–60 ‘‘Hazardous Air Pollutant
Sources.’’ These revised regulations have an
effective date of March 15, 2023.
Based on Virginia’s submittal, EPA
acknowledges that EPA’s delegations to
Virginia of the authority to implement and
enforce EPA’s NSPS, NESHAP, and MACT
standards have been updated, as provided for
under the terms of EPA’s previous delegation
of authority actions, to allow Virginia to
implement and enforce the federal NSPS,
NESHAP and MACT standards which
Virginia has adopted by reference as
specified in Virginia’s revised regulations 9
VAC 5–50 and 9 VAC 5–60, both effective on
March 15, 2023.
EPA appreciates Virginia’s continuing
NSPS, NESHAP and MACT standards
enforcement efforts, and also Virginia’s
decision to take automatic delegation of
additional or updated NSPS, NESHAP and
MACT standards by adopting them by
reference.
Sincerely,
Cristina Fernandez, Director
Air and Radiation Division’’
This notice acknowledges the update
of Virginia’s delegation of authority to
implement and enforce NSPS, NESHAP,
and MACT standards.
Cristina Fernandez,
Director, Air and Radiation Division, Region
III.
[FR Doc. 2023–26440 Filed 11–30–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL OP–OFA–098]
Environmental Impact Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information 202–
564–5632 or https://www.epa.gov/nepa.
Weekly receipt of Environmental Impact
Statements (EIS)
Filed November 17, 2023 10 a.m. EST
Through November 27, 2023 10 a.m.
EST
Pursuant to 40 CFR 1506.9.
Notice: Section 309(a) of the Clean Air
Act requires that EPA make public its
comments on EISs issued by other
Federal agencies. EPA’s comment letters
on EISs are available at: https://
cdxapps.epa.gov/cdx-enepa-II/public/
action/eis/search.
E:\FR\FM\01DEN1.SGM
01DEN1
83940
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices
EIS No. 20230164, Final, FAA, ID,
Adoption—Airspace Optimization for
Readiness for Mountain Home Air
Force Base, Contact: Lonnie Covalt
206–231–3998.
The Federal Aviation Administration
(FAA) has adopted the United States Air
Force’s Final EIS No. 20230035 filed 02/
22/2023 with the Environmental
Protection Agency. The FAA was a
cooperating agency on this project.
Therefore, republication of the
document is not necessary under
section 1506.3(b)(2) of the CEQ
regulations.
EIS No. 20230165, Draft, USFS, WY,
Dell Creek and Forest Park Elk
Feedgrounds: Long-Term Special Use
Permits, Comment Period Ends: 01/
16/2024, Contact: Randall Griebel
307–739–5537.
EIS No. 20230166, Draft, NRCS, ND,
Cart Creek Site 1 of the North Branch
Park River Watershed Plan, Comment
Period Ends: 01/26/2024, Contact:
Christi Fisher 701–530–2091.
EIS No. 20230167, Final Supplement,
USFS, NAT, Nationwide Aerial
Application of Fire Retardant on
National Forest System Lands, Review
Period Ends: 01/02/2024, Contact:
Laura Conway 406–802–4317.
Dated: November 27, 2023.
Julie Smith,
Acting Director, NEPA Compliance Division,
Office of Federal Activities.
[FR Doc. 2023–26426 Filed 11–30–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–11577–01–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 October 24, 2023, 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
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
18:47 Nov 30, 2023
Jkt 262001
facilities and the public, EPA is making
available a copy of EPA’s letter to West
Virginia through this notice.
DATES: On October 24, 2023, EPA sent
West Virginia a letter acknowledging
that West Virginia’s delegation of
authority to implement and enforce
Federal NESHAP 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, Four Penn Center,
1600 JFK Boulevard, Philadelphia,
Pennsylvania 19103. 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, Four Penn Center, 1600 JFK
Boulevard, 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 1,
2023, 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, 2021.
On October 24, 2023, EPA sent West
Virginia a letter acknowledging that
effective June 1, 2023, 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, December 14, 1984, and 67
FR 15486, April 2, 2002, 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 October 24, 2023 letter to West
Virginia follows:
‘‘Ms. Laura M. Crowder, Director
PO 00000
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Fmt 4703
Sfmt 4703
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 1, 2023 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 (NESHAP) and
New Source Performance Standards (NSPS)
to include many such standards as found in
40 CFR parts 60, 61, and 63 as of June 1,
2022. 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 to WVDEP Director Michael Callaghan,
EPA delegated to the State of West Virginia
the authority to implement and enforce
various federal NESHAP found in 40 CFR
part 63. In another letter to Director
Callaghan dated January 8, 2002, EPA
delegated to the State of West Virginia the
authority to implement and enforce various
federal NESHAP found in 40 CFR part 61 and
NSPS 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 of 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, 2023. 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.
E:\FR\FM\01DEN1.SGM
01DEN1
Agencies
[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83939-83940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26426]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL OP-OFA-098]
Environmental Impact Statements; Notice of Availability
Responsible Agency: Office of Federal Activities, General
Information 202-564-5632 or https://www.epa.gov/nepa.
Weekly receipt of Environmental Impact Statements (EIS)
Filed November 17, 2023 10 a.m. EST Through November 27, 2023 10 a.m.
EST
Pursuant to 40 CFR 1506.9.
Notice: Section 309(a) of the Clean Air Act requires that EPA make
public its comments on EISs issued by other Federal agencies. EPA's
comment letters on EISs are available at: https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search.
[[Page 83940]]
EIS No. 20230164, Final, FAA, ID, Adoption--Airspace Optimization for
Readiness for Mountain Home Air Force Base, Contact: Lonnie Covalt 206-
231-3998.
The Federal Aviation Administration (FAA) has adopted the United
States Air Force's Final EIS No. 20230035 filed 02/22/2023 with the
Environmental Protection Agency. The FAA was a cooperating agency on
this project. Therefore, republication of the document is not necessary
under section 1506.3(b)(2) of the CEQ regulations.
EIS No. 20230165, Draft, USFS, WY, Dell Creek and Forest Park Elk
Feedgrounds: Long-Term Special Use Permits, Comment Period Ends: 01/16/
2024, Contact: Randall Griebel 307-739-5537.
EIS No. 20230166, Draft, NRCS, ND, Cart Creek Site 1 of the North
Branch Park River Watershed Plan, Comment Period Ends: 01/26/2024,
Contact: Christi Fisher 701-530-2091.
EIS No. 20230167, Final Supplement, USFS, NAT, Nationwide Aerial
Application of Fire Retardant on National Forest System Lands, Review
Period Ends: 01/02/2024, Contact: Laura Conway 406-802-4317.
Dated: November 27, 2023.
Julie Smith,
Acting Director, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2023-26426 Filed 11-30-23; 8:45 am]
BILLING CODE 6560-50-P