[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47838-47839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19685]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9715-5]
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 June 22, 2012, 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 June 22, 2012, 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 [email protected].
SUPPLEMENTARY INFORMATION: On June 6, 2012, West Virginia notified EPA
that West Virginia has updated its incorporation by reference of
Federal NESHAP and NSPS to include many such standards, to the extent
referenced in the Code of Federal Regulations (CFR), Parts 60, 61, and
63, effective June 1, 2011. On June 22, 2012, 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 Quality. 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
[[Page 47839]]
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 6, 2012, 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. Parts 60, 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, 2012.
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, 2012.
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.
Dated: August 1, 2012.
Diana Esher,
Director, Air Protection Division, Region III.
[FR Doc. 2012-19685 Filed 8-9-12; 8:45 am]
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