[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5185-5186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00965]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10016-81-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 Standards and New Source Performance 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: On October 8, 2020, 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

[[Page 5186]]

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 8, 2020, EPA sent West Virginia a letter 
acknowledging that West Virginia's delegation of authority to implement 
and enforce Federal NESHAPs 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 & 
Radiation Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, PA 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, WV 25304.

FOR FURTHER INFORMATION CONTACT: Riley Burger, Permits Branch (3AD10), 
Air & Radiation Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, PA 19103. The telephone number is 
(215) 814-2217. Mr. Burger can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On May 6, 2019, 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, 2018. On June 3, 2020, 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 CFR, parts 60, 61, and 63 as of June 1, 2019. On October 8, 2020, 
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 notices 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 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 8, 2020 letter to West Virginia 
follows:

Mr. Laura M. Crowder, Director
Division of Air Quality
West Virginia Department of Environmental Protection
601 57th Street SE
Charleston, West Virginia 25304

Dear Ms. Crowder:

    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 May 6, 2019, 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, 2018. In a letter dated June 3, 
2020, 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, 2019. West Virginia noted in both letters that it understood 
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, 2019 for the 2019 letter and June 1, 2020 for the 2020 
letter.
    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, as 
effective on June 1, 2019 and subsequently on June 1, 2020.
    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, 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 to use the SSM 
exemption as provided for in the vacated provisions at 40 CFR 
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 Ms. Mary Cate 
Opila, Chief, Permits Branch, at 215-814-2041.

Sincerely,

Cristina Fernandez, Director
Air and Radiation Division
EPA Region III

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

    Dated: November 17, 2020.
Cristina Fernandez,
Director, Air & Radiation Division, Region III.
[FR Doc. 2021-00965 Filed 1-15-21; 8:45 am]
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