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

1 EPA 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.


### 62137 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Notices

2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008). 1 EPA has posted copies of these actions at: http:// www.epa.gov/reg3artd/airregulations/delegate/ vadelegation.htm.

2 Sierra 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