Notice2025-17065
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
September 5, 2025
Issuing agencies
Environmental Protection Agency
Abstract
On January 21, 2025, 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 90 Issue 170 (Friday, September 5, 2025)</title>
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[Federal Register Volume 90, Number 170 (Friday, September 5, 2025)]
[Notices]
[Pages 42967-42968]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17065]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-12582-01-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 January 21, 2025, 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 January 21, 2025, 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 and
Radiation Division, U.S. Environmental Protection Agency, Region III,
Four Penn Center, 1600 John F Kennedy 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: Casey Diaz, Permits Branch (3AD10),
Air and Radiation Division, U.S. Environmental Protection Agency,
Region III, Four Penn Center, 1600 John F Kennedy Boulevard,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2167. Ms. Diaz can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#84e0ede5feaae7e5f7e1fdc4e1f4e5aae3ebf2"><span class="__cf_email__" data-cfemail="ceaaa7afb4e0adafbdabb78eabbeafe0a9a1b8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On July 1, 2024, 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, 2023. On January 21, 2025, EPA sent West Virginia a
letter acknowledging that effective June 1, 2024, 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 January 21, 2025 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#5e323f2b2c3f7033703d2c31293a3b2c1e292870393128"><span class="__cf_email__" data-cfemail="5e323f2b2c3f7033703d2c31293a3b2c1e292870393128">[email protected]</span></a>
Dear Ms. Crowder:
This letter acknowledges your letter dated July 1, 2024 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, 2023. 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
[[Page 42968]]
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, 2024. 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, 2024.
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
March 19, 2001 letter to WVDEP Director Michael Callaghan
January 8, 2002 letter to WVDEP Director Michael Callaghan
cc: Renu Chakrabarty (via email at <a href="/cdn-cgi/l/email-protection#5e2c3b302b7033703d363f352c3f3c3f2c2a271e292870393128"><span class="__cf_email__" data-cfemail="1a687f746f34773479727b71687b787b686e635a6d6c347d756c">[email protected]</span></a>)
Mike Egnor (via email at <a href="/cdn-cgi/l/email-protection#3e53575d565f5b52105b5950514c7e494810595148"><span class="__cf_email__" data-cfemail="deb3b7bdb6bfbbb2f0bbb9b0b1ac9ea9a8f0b9b1a8">[email protected]</span></a>)
This notice acknowledges the updates of West Virginia's delegation
of authority to implement and enforce NESHAP and NSPS.
Michael Dunn,
Acting Director, Air and Radiation Division, Region III.
[FR Doc. 2025-17065 Filed 9-4-25; 8:45 am]
BILLING CODE 6560-50-P
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