62136 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices 

1EPA has posted copies of these actions at: http:// 

www.epa.gov/reg3artd/airregulations/delegate/

wvdelegation.htm. 

the MSTRS listserver, send an email to 

Etchells.elizabeth@epa.gov. 

DATES: Tuesday, December 9, 2014 from 

9:00 a.m. to 4:30 p.m. Registration 

begins at 8:30 a.m. 

ADDRESSES: The meeting is currently 

scheduled to be held at New Orleans 

Marriott at 555 Canal St., New Orleans, 

LA 70130. However, this date and 

location are subject to change and 

interested parties should monitor the 

Subcommittee Web site (above) for the 

latest logistical information. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Etchells, Designated Federal 

Officer, Transportation and Climate 

Division, Mailcode 6406A, U.S. EPA, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460; Ph: 202–343– 

9231; email: Etchells.elizabeth@epa.gov. 

Background on the work of the 

Subcommittee is available at: http://

www.epa.gov/air/caaac/mobile_

sources.html. Individuals or 

organizations wishing to provide 

comments to the Subcommittee should 

submit them to Ms. Etchells at the 

address above by November 21, 2014. 

The Subcommittee expects that public 

statements presented at its meetings will 

not be repetitive of previously 

submitted oral or written statements. 

SUPPLEMENTARY INFORMATION: During the 

meeting, the Subcommittee may also 

hear progress reports from some of its 

workgroups as well as updates and 

announcements on activities of general 

interest to attendees. 

For Individuals with Disabilities: For 

information on access or services for 

individuals with disabilities, please 

contact Ms. Etchells (see above). To 

request accommodation of a disability, 

please contact Ms. Etchells, preferably 

at least 10 days prior to the meeting, to 

give EPA as much time as possible to 

process your request. 

Dated: October 8, 2014. 

Christopher Grundler, 

Director, Office of Transportation and Air 

Quality. 

[FR Doc. 2014–24651 Filed 10–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9918–01–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 and New Source 

Performance Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of delegation of 

authority. 

SUMMARY: On July 21, 2014, 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 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 July 21, 2014, 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 chalmers.ray@epa.gov. 

SUPPLEMENTARY INFORMATION: On June 

11, 2014, 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 the Code of 

Federal Regulations (CFR), parts 60, 61, 

and 63, as of June 1, 2013. On July 21, 

2014, 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 U.S. 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 letter to West Virginia follows: 

‘‘Mr. William F. Durham, Acting Director 

Division of Air Quality 

West Virginia Department of Environmental 

Protection 

601 57th Street 

Charleston, West Virginia 25304 

Dear Mr. Durham: 

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 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 June 11, 2014, 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 C.F.R. Parts 60, 

61, and 63 as of June 1, 2013. 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, 2014. 

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, 2014. 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices 62137 

2Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 

2008). 

1EPA has posted copies of these actions at: http:// 

www.epa.gov/reg3artd/airregulations/delegate/

vadelegation.htm. 

2Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 

2008). 

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, § 63.6(f)(1) and (h)(1). 

Accordingly, EPA no longer allows sources 

the SSM exemption as provided for in the 

vacated provisions at 40 C.F.R. Part 63, 

§ 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 Mr. Brian Rehn, Acting Associate 

Director, Office of Permits and Air Toxics, at 

215–814–2176. 

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: October 1, 2014. 

David Arnold, 

Acting Director, Air Protection Division, 

Region III. 

[FR Doc. 2014–24648 Filed 10–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9918–02–Region 3] 

Delegation of Authority to the 

Commonwealth of 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. 

SUMMARY: On July 29, 2014, the 

Environmental Protection Agency (EPA) 

sent the Commonwealth of Virginia 

(Virginia) a letter acknowledging that 

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 Virginia’s 

updated delegation of authority to 

implement and enforce NESHAP and 

NSPS, EPA is making available a copy 

of EPA’s letter to Virginia through this 

notice. 

DATES: On July 29, 2014, EPA sent 

Virginia a letter acknowledging that 

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 Virginia’s submittal are 

also available at the Virginia 

Department of Environmental Quality, 

629 East Main Street, Richmond, 

Virginia 23219. Copies of Virginia’s 

notice to EPA that 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/vadelegation.htm. 

FOR FURTHER INFORMATION CONTACT: Ray 

Chalmers, (215) 814–2061, or by email 

at chalmers.ray@epa.gov. 

SUPPLEMENTARY INFORMATION: On July 

16, 2014, Virginia notified EPA that 

Virginia had updated its incorporation 

by reference of Federal NESHAP and 

NSPS to include many such standards, 

as they were published in final form in 

the Code of Federal Regulations dated 

July 1, 2013. On July 29, 2014, EPA sent 

Virginia a letter acknowledging that 

Virginia now has the authority to 

implement and enforce the NESHAP 

and NSPS as specified by 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 Virginia 

Department of Environmental Quality, 

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 

Virginia Department of Environmental 

Quality. A copy of EPA’s letter to 

Virginia follows: 

‘‘Michael G. Dowd, Director 

Air Division 

Virginia Department of 

Environmental Quality 

629 East Main Street 

P.O. Box 1105 

Richmond, Virginia 23218 

Dear Mr. Dowd: 

The United States Environmental 

Protection Agency (EPA) has previously 

delegated to the Commonwealth of Virginia 

(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 63.1 In those actions, EPA 

also delegated to Virginia the authority to 

implement and enforce any future EPA 

NESHAP or NSPS on the condition that 

Virginia legally adopt the future standards, 

make only allowed wording changes, and 

provide specified notice to EPA. 

In a letter dated July 16, 2014, Virginia 

informed EPA that Virginia had updated its 

incorporation by reference of federal 

NESHAP and NSPS to include many such 

standards, as they were published in final 

form in the Code of Federal Regulations 

dated July 1, 2013. Virginia noted that its 

intent in updating its incorporation by 

reference of the NESHAP and NSPS was to 

retain the authority to enforce all standards 

included in the revisions, as per the 

provisions of EPA’s previous delegation 

actions. Virginia committed to enforcing the 

federal standards in conformance with the 

terms of EPA’s previous delegations of 

authority. Virginia made only allowed 

wording changes. 

Virginia provided copies of its revised 

regulations specifying the NESHAP and 

NSPS which Virginia has adopted by 

reference. These revised regulations are 

entitled 9 VAC 5–50 ‘‘New and Modified 

Stationary Sources,’’ and 9 VAC 5–60 

‘‘Hazardous Air Pollutant Sources.’’ These 

revised regulations have an effective date of 

July 1, 2014. 

Accordingly, EPA acknowledges that 

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 

Virginia has adopted by reference in 

Virginia’s revised regulations 9 VAC 5–50 

and 9 VAC 5–60, both effective on July 1, 

2014. 

Please note that on December 19, 2008, in 

Sierra Club v. EPA,2 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 a mandate vacating these SSM 


asabaliauskas on DSK5VPTVN1PROD with NOTICES