
[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38532-38533]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15884]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9913-25-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 and New Source Performance Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: On September 13, 2013, EPA sent the State of West Virginia 
(West Virginia) a letter acknowledging that West Virginia's delegation 
of authority to implement and enforce 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 of 
West Virginia's updated delegation of authority to implement and 
enforce NESHAP and NSPS, EPA is making available a copy of EPA's letter 
to West Virginia through this notice.

DATES: On September 13, 2013, EPA sent West Virginia a letter 
acknowledging that West Virginia's delegation of authority to implement 
and enforce 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, 
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. Copies of West Virginia's notice 
to EPA that West Virginia has updated its incorporation by reference of 
Federal NESHAP and NSPS, and of EPA's response, may also be found 
posted on EPA Region III's Web site at: http://www.epa.gov/reg3artd/airregulations/delegate/wvdelegation.htm.

FOR FURTHER INFORMATION CONTACT: Ray Chalmers, (215) 814-2061, or by 
email at chalmers.ray@epa.gov.

SUPPLEMENTARY INFORMATION: On June 5, 2013, 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 the 
Code of Federal Regulations (CFR), Parts 60, 61, and 63. On September 
13, 2013, 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 notice 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 the 
US 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 letter to West Virginia 
follows:

``Mr. John Benedict, Director, Division of Air Quality, West 
Virginia Department of Environmental Protection, 601 57th Street, 
Charleston, West Virginia 25304.

Dear Mr. Benedict:

    The United States Environmental Protection Agency (EPA) has 
previously delegated to the State of West Virginia (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 C.F.R. 
Parts 60, 61 and 63.\1\ 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.
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    \1\ EPA has posted copies of these actions at: http://www.epa.gov/reg3artd/airregulations/delegate/wvdelegation.htm.
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    In a letter dated June 5, 2013, West Virginia informed EPA that 
West Virginia had updated its incorporation by reference of federal 
NESHAP and NSPS to include many such standards, to the extent 
referenced in 40 C.F.R. Part 60, effective June 1, 2012, and in 40 
C.F.R. Parts 61, and 63, effective June 1, 2011. West Virginia noted 
that it understood that 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, 2013.
    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 has adopted by reference in West 
Virginia's revised Legislative Rules 45 CSR 34 and 45 CSR 16, both 
effective on June 1, 2013.
    Please note that on December 19, 2008 in Sierra Club vs. EPA,\2\ 
the United States Court of Appeals for the District of Columbia 
Circuit vacated certain provisions of the General Provisions of 40 
C.F.R. 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 
C.F.R. Part 63, Sec. Sec.  63.6(f)(1) and (h)(1).
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    \2\ Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008).
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    Accordingly, EPA no longer allows sources the SSM exemption as 
provided for in the vacated provisions at 40 C.F.R. Part 63, 
Sec. Sec.  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 C.F.R. Part 63. Because West Virginia incorporated 
40 C.F.R. Part 63 by reference, West Virginia should also no longer 
allow sources to use the former SSM exemption from the General 
Provisions of 40 C.F.R. 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. Kathleen 
Cox, Associate Director, Office of Permits and Air Toxics, at 215-
814-2173.
Sincerely,
Diana Esher,

Director Air Protection Division''

    This notice acknowledges the update of West Virginia's delegation 
of authority to implement and enforce NESHAP and NSPS.


[[Page 38533]]


    Dated: June 17, 2014.
David Arnold,
Acting Director, Air Protection Division, Region III.
[FR Doc. 2014-15884 Filed 7-7-14; 8:45 am]
BILLING CODE 6560-50-P


