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, 83940-83941 [2023-26439]
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Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices
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[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
Frm 00045
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
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices
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, 2023.
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
authority to implement and enforce
NESHAP and NSPS.
Cristina Ferna´ndez,
Director, Air and Radiation Division, Region
III.
[FR Doc. 2023–26439 Filed 11–30–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2023–0061; FRL–10581–
14–OCSPP]
Significant New Use Notices (SN–23–
0002 Through 0006 and SN–23–0008
Through 0011); Extension of Review
Period
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This document announces the
extension of the review periods for
significant new use notices (SNUNs)
identified as SN–23–0002 through 0006
and SN–23–0008 through 0011
submitted to the Environmental
Protection Agency (EPA) under the
Toxic Substances Control Act (TSCA).
EPA has determined that an extension
of the statutory 90-day review periods
for these SNUNs is necessary to allow
the Agency to complete the required
analysis under TSCA, investigate
potential risk, examine regulatory
options, and prepare the necessary
documents should the Agency
determine that further regulatory action
is required.
DATES: The review periods are extended
to February 28, 2024.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Jim
Alwood, Acting Chief, Risk
Management Branch 1, New Chemicals
Division (7405), Office of Pollution
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SUMMARY:
VerDate Sep<11>2014
18:47 Nov 30, 2023
Jkt 262001
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave, NW, Washington, DC 20460–0001;
telephone number: (202) 564–8974;
email address: alwood.jim@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the chemical
manufacturing company that submitted
the SNUNs. This action may also be of
interest to persons concerned about
health, environmental, and/or economic
aspects of the significant new uses of
the chemical substances. Since other
entities may also be interested, the
Agency has not attempted to describe all
the specific entities that may be affected
by this action.
B. How can I access the docket?
The docket for this action, identified
by docket identification (ID) number
EPA–HQ–OPPT–2023–0061, is available
online at https://www.regulations.gov or
in-person at the Office of Pollution
Prevention and Toxics Docket (OPPT
Docket), Environmental Protection
Agency Docket Center (EPA/DC), West
William Jefferson Clinton Bldg., Rm.
3334, 1301 Constitution Ave, NW,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the OPPT Docket is (202) 566–0280.
Please review the visitor instructions
and additional information about the
docket available at https://www.epa.gov/
dockets.
C. What is EPA’s authority for this
action?
TSCA section 5(c), 15 U.S.C. 2604(c),
and 40 CFR 720.75(c) authorize EPA to
extend, for good cause, the 90-day
SNUN review period for additional
periods of time not to exceed in the
aggregate 90 days. Examples of
circumstances in which EPA may find
good cause to extend the review period
include, but are not limited to, EPA’s
request for additional information
relating to a notice during the notice
review period, EPA’s receipt of
additional information relating to a
notice during the notice review period,
and EPA’s determination that there is a
significant possibility that a significant
PO 00000
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Fmt 4703
Sfmt 4703
83941
new use of a chemical will be regulated
under TSCA sections 5(e) or 5(f) and
additional time is required for EPA to
initiate the appropriate regulatory
action.
D. What action is the Agency taking?
For the SNUNs identified in Unit II.,
EPA finds that there is good cause to
extend the SNUN review periods. Based
on the Agency’s analysis to date, EPA
has determined that extensions of the
SNUN review periods are necessary to
further investigate potential risk,
examine regulatory options, and prepare
the necessary documents, should
regulatory action be required for the
significant new uses of the chemical
substances. Specifically, EPA received
additional information and amendments
to all nine of the notices during the
review periods which required
additional time for EPA to review and
include in the assessment in order to
determine and initiate the appropriate
regulatory action.
II. What notices are subject to this
extension?
On December 30, 2022, EPA received
SNUNs SN–23–0002 through 0006 and
SN–23–0008 through 0011 for
significant new uses of the following
existing chemical substances:
• Octanoic acid, 2,2,3,3,4,4,5,5,
6,6,7,7,8,8,8-pentadecafluoro- (CASRN
335–67–1, SN–23–0002),
• Dodecanoic acid, 2,2,3,3,4,4,5,5,
6,6,7,7,8,8,9,9,10,10,11,11,12,12,12tricosafluoro- (CASRN 307–55–1, SN–
23–0003),
• Nonanoic acid, 2,2,3,3,4,4,5,5,6,6,
7,7,8,8,9,9,9-heptadecafluoro- (CASRN
375–95–1, SN–23–0004),
• Decanoic acid, 2,2,3,3,4,4,5,5,
6,6,7,7,8,8,9,9,10,10,10-nonadecafluoro(CASRN 335–76–2, SN–23–0005),
• Undecanoic acid, 2,2,3,3,4,4,5,5,
6,6,7,7,8,8,9,9,10,10,11,11,11heneicosafluoro- (CASRN 2058–94–8,
SN–23–0006),
• Tetradecanoic acid, 2,2,3,3,4,4,
5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,
13,13,14,14,14-heptacosafluoro(CASRN 376–06–7, SN–23–0008),
• Tridecanoic acid, 2,2,3,3,4,4,5,5,
6,6,7,7,8,8,9,9,10,10,11,11,12,12,
13,13,13-pentacosafluoro- (CASRN
72629–94–8, SN–23–0009),
• Hexadecanoic acid, 2,2,3,3,4,4,5,5,
6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,
14,14,15,15,16,16,16hentriacontafluoro- (CASRN 67905–19–
5, SN–23–0010), and
• Octadecanoic acid, 2,2,3,3,4,4,5,5,
6,6,7,7,8,8,9,9,10,10,11,11,12,12,
13,13,14,14,15,15,16,16,17,17,18,18,18pentatriacontafluoro- (CASRN 16517–
11–6, SN–23–0011).
E:\FR\FM\01DEN1.SGM
01DEN1
]]>Agencies
[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83940-83941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26439]
-----------------------------------------------------------------------
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
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of delegation of authority.
-----------------------------------------------------------------------
SUMMARY: 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 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 [email protected].
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
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 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.
[[Page 83941]]
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, 2023.
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 authority to implement and enforce NESHAP and NSPS.
Cristina Fern[aacute]ndez,
Director, Air and Radiation Division, Region III.
[FR Doc. 2023-26439 Filed 11-30-23; 8:45 am]
BILLING CODE 6560-50-P
