
[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Notices]
[Pages 13345-13346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04773]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9958-91-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 October 5, 2016, 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 
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 October 5, 2016, 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.

FOR FURTHER INFORMATION CONTACT: Ray Chalmers, (215) 814[dash]2061, or 
by e-mail at chalmers.ray@epa.gov.

SUPPLEMENTARY INFORMATION: On July 11, 2016, 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, 2015. On October 5, 2016, 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 October 5, 2015 letter to West Virginia 
follows:

Mr. William F. Durham, Director
Division of Air Quality
West Virginia Department of Environmental Protection
601 57th Street
Charleston, West Virginia 25304

Dear Mr. Durham:

    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 July 11, 2016, 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, 2015. 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

[[Page 13346]]

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 July 1, 2016.
    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 July 1, 
2016.
    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, Sec.  
63.6(f)(1) and (h)(1).
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    \1\ 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 CFR part 63, 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 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 Mr. David Campbell, 
Associate Director, Office of Permits and State Programs, at 215-814-
2196.

Sincerely,
Cristina Fernandez, Director
Air Protection Division

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

    Dated: January 18, 2017.
Cristina Fernandez,
Director, Air Protection Division, Region III.
[FR Doc. 2017-04773 Filed 3-9-17; 8:45 am]
 BILLING CODE 6560-50-P


