Notice2022-02052
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
Primary source
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Published
February 2, 2022
Issuing agencies
Environmental Protection Agency
Abstract
On December 7, 2021, 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.
Full Text
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<title>Federal Register, Volume 87 Issue 22 (Wednesday, February 2, 2022)</title>
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[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5821-5822]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02052]
[[Page 5821]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9462-01-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 December 7, 2021, 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 December 7, 2021, 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
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: Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is (215) 814-2339. Mr. He can also be reached via electronic
mail at <a href="/cdn-cgi/l/email-protection#3179541f685e5f564558505f715441501f565e47"><span class="__cf_email__" data-cfemail="ade5c883f4c2c3cad9c4ccc3edc8ddcc83cac2db">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On May 4, 2021, 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, 2020. On December 7, 2021, EPA sent West Virginia a
letter acknowledging that effective June 1, 2021, 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, 67 FR 15486, 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 December 7, 2021 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 <a href="/cdn-cgi/l/email-protection#0d616c787f6c2360236e7f627a69687f4d7a7b236a627b"><span class="__cf_email__" data-cfemail="aac6cbdfd8cb84c784c9d8c5ddcecfd8eadddc84cdc5dc">[email protected]</span></a>
Dear Ms. Crowder:
This letter acknowledges your letter dated May 4, 2021, 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 (NESHAPs) and New Source
Performance Standards (NSPSs) to include many such standards as
found in 40 CFR parts 60, 61, and 63 as of June 1, 2020. 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 (enclosed),
to WVDEP Director Michael Callaghan, EPA delegated to the State of
West Virginia the authority to implement and enforce various federal
NESHAPs found in 40 CFR part 63. In another letter to Director
Callaghan dated January 8, 2002 (enclosed), EPA delegated to the
State of West Virginia the authority to implement and enforce
various federal NESHAPs found in 40 CFR part 61 and NSPSs 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 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, 2021. 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.
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, 2021.
Please note that on December 19, 2008 in Sierra Club vs. EPA
(551 F.3rd 1019, D.C. Circuit 2008), 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).
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.
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 <a href="/cdn-cgi/l/email-protection#4d3f2823386320632e252c263f2c2f2c3f39340d3a3b632a223b"><span class="__cf_email__" data-cfemail="f587909b80db98db969d949e8794979487818cb58283db929a83">[email protected]</span></a>)
Mike Egnor (via email at <a href="/cdn-cgi/l/email-protection#d8b5b1bbb0b9bdb4f6bdbfb6b7aa98afaef6bfb7ae"><span class="__cf_email__" data-cfemail="5a373339323b3f36743f3d3435281a2d2c743d352c">[email protected]</span></a>)
This notice acknowledges the updates of West Virginia's delegation
of
[[Page 5822]]
authority to implement and enforce NESHAP and NSPS.
Dated: January 26, 2022.
Cristina Fern[aacute]ndez,
Director, Air and Radiation Division, Region III.
[FR Doc. 2022-02052 Filed 2-1-22; 8:45 am]
BILLING CODE 6560-50-P
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