
[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]


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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.

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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


