5186 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 

1Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 

2008). 

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 October 8, 2020, 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 & Radiation 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, PA 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, WV 25304. 

FOR FURTHER INFORMATION CONTACT: 

Riley Burger, Permits Branch (3AD10), 

Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, PA 19103. The telephone 

number is (215) 814–2217. Mr. Burger 

can also be reached via electronic mail 

at burger.riley@epa.gov. 

SUPPLEMENTARY INFORMATION: On May 6, 

2019, 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, 2018. 

On June 3, 2020, 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 CFR, parts 60, 61, and 63 as of June 

1, 2019. On October 8, 2020, 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 notices 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 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 October 8, 2020 letter to West 

Virginia follows: 

Mr. Laura M. Crowder, Director 

Division of Air Quality 

West Virginia Department of Environmental 

Protection 

601 57th Street SE 

Charleston, West Virginia 25304 

Dear Ms. Crowder: 

The United States Environmental 

Protection Agency (EPA) has previously 

delegated to the State of 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 CFR parts 60, 61, and 

63. 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 May 6, 2019, 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 CFR parts 60, 

61, and 63 as of June 1, 2018. In a letter dated 

June 3, 2020, 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 CFR parts 60, 61, 

and 63 as of June 1, 2019. West Virginia 

noted in both letters that it understood 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, 2019 for the 

2019 letter and June 1, 2020 for the 2020 

letter. 

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, as effective on June 1, 

2019 and subsequently on June 1, 2020. 

Please note that on December 19, 2008 in 

Sierra Club vs. EPA,1 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. 

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. Mary Cate Opila, Chief, Permits 

Branch, at 215–814–2041. 

Sincerely, 

Cristina Fernandez, Director 

Air and Radiation Division 

EPA Region III 

This notice acknowledges the updates 

of West Virginia’s delegation of 

authority to implement and enforce 

NESHAP and NSPS. 

Dated: November 17, 2020. 

Cristina Fernandez, 

Director, Air & Radiation Division, Region 

III. 

[FR Doc. 2021–00965 Filed 1–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2016–0731; FRL–10017–49– 

OAR] 

Proposed Information Collection 

Request; Renewal; EPA’s Methane 

Challenge Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency is planning to submit a renewal 

information collection request (ICR), 

‘‘EPA’s Natural Gas STAR and Methane 

Challenge Programs’’ (EPA ICR No. 

2547.01, OMB Control No. 2060–0722) 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.). 

Before doing so, EPA is soliciting public 

comments on specific aspects of the 

proposed information collection as 

described below. Specifically, EPA is 

proposing to merge the ICR with ‘‘EPA’s 

Natural Gas STAR Program’’ (EPA ICR 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 5187 

No. 2004–0082, OMB Control No. 2060– 

0328). This is a renewal with 

modification of the existing ICR, which 

is currently approved through August 

31, 2021. An Agency may not conduct 

or sponsor, and a person is not required 

to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

DATES: Comments must be submitted on 

or before March 22, 2021. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

OAR–2016–0731 online using 

www.regulations.gov (our preferred 

method), by email to a-and-r-Docket@

epa.gov, or by mail to: EPA Docket 

Center, Environmental Protection 

Agency, Mail Code 28221T, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change including any 

personal information provided, unless 

the comment includes profanity, threats, 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Lau, Office of Atmospheric 

Programs, Climate Change Division, 

(6207A), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460; telephone 

number: (202) 564–7312; email address: 

lau.patrick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Supporting documents for the two 

existing ICR, which explain in detail the 

information that the EPA will be 

collecting, are available in the public 

docket for this ICR and the Natural Gas 

STAR ICR (Docket ID: EPA–HQ–OAR– 

2016–2004–0082). The docket can be 

viewed online at www.regulations.gov 

or in person at the EPA Docket Center, 

WJC West, Room 3334, 1301 

Constitution Ave. NW, Washington, DC. 

The telephone number for the Docket 

Center is 202–566–1744. For additional 

information about EPA’s public docket, 

visit http://www.epa.gov/dockets. 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA is soliciting comments 

and information to enable it to: (i) 

Evaluate whether the proposed 

collection of information is Necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; (ii) evaluate the 

accuracy of the Agency’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(iii) enhance the quality, utility, and 

clarity of the information to be 

collected; and (iv) minimize the burden 

of the collection of information on those 

who are to respond, including through 

the use of appropriate automated 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. EPA will consider the 

comments received and amend the ICR 

as appropriate. The final ICR package 

will then be submitted to OMB for 

review and approval. At that time, EPA 

will issue another Federal Register 

notice to announce the submission of 

the ICR to OMB and the opportunity to 

submit additional comments to OMB. 

Abstract: The Natural Gas STAR and 

Methane Challenge programs (‘‘Gas 

STAR Programs’’) are voluntary 

programs sponsored by the U.S. 

Environmental Protection Agency (EPA) 

that encourage oil and natural gas 

companies to adopt cost effective 

technologies and practice that improve 

operational efficiency and reduce 

methane emissions. Methane is the 

primary component of natural gas and a 

potent greenhouse gas. The Programs 

work with oil and natural gas 

companies in the production, gathering 

& boosting, processing, transmission & 

storage, and distribution segments to 

remove barriers that inhibit the 

implementation of technologies and 

practices that reduce methane 

emissions. The Programs effectively 

promote the adoption of emission 

reduction technologies and practices by 

helping partners evaluate Best 

Management Practices (BMPs) in the 

context of their current operations and 

implement them where cost-effective. 

Implementation of the Programs’ BMPs 

saves participants money, improves 

operational efficiency, and enhances the 

protection of the environment. 

Combining the ICR’s for the Methane 

Challenge and the Natural Gas STAR 

programs is expected to streamline 

partners’ engagement with the programs 

and simplify communications about 

reporting. 

Form Numbers: The Natural Gas 

STAR and Methane Challenge Programs 

each have Partnership Agreements 

(‘‘PA’’) that describe the terms of 

participation in the Program. A 

company that wishes to become a 

Natural Gas STAR or Methane 

Challenge partner signs and submits the 

applicable PA to EPA. The PA forms 

covered under this ICR include: 

• Natural Gas STAR Program— 

Partnership Agreement: EPA Form No. 

5900–105 

• Methane Challenge Program— 

Partnership Agreement for Best 

Management Practice Commitment 

Option: EPA Form No. 5900–412 

• Methane Challenge Program— 

Partnership Agreement for ONE Future 

Emissions Intensity Commitment 

Option: EPA Form No. 5900–411 

Partners agree to complete and submit 

a Natural Gas STAR or Methane 

Challenge Implementation Plan (as 

applicable) within six to twelve months 

of signing the PA. The Implementation 

Plan forms covered under this ICR 

include: 

• Natural Gas STAR Program— 

Production Implementation Plan: EPA 

Form No. 5900–103 

• Natural Gas STAR Program— 

Transmission Implementation Plan: 

EPA Form No. 5900–109 

• Natural Gas STAR Program— 

Distribution Implementation Plan: EPA 

Form No. 5900–97 

• Natural Gas STAR Program— 

Gathering and Processing 

Implementation Plan: EPA Form No. 

5900–100 

• Methane Challenge Program— 

Implementation Plan Template: EPA 

Form No. 5900–410 

After one full year of participation in 

either Program, partners submit an 

annual report documenting the previous 

year’s methane emission reduction 

activities. Partners only need to submit 

the applicable form(s) for the Program/ 

commitment option/segments they have 

joined. The annual reporting forms 

covered under this ICR include: 

• Natural Gas STAR Program— 

Production Reporting Form: EPA 

Form No. 5900–104 

• Natural Gas STAR Program— 

Transmission Reporting Form: EPA 

Form No. 5900–95 

• Natural Gas STAR Program— 

Distribution Reporting Form: EPA 

Form No. 5900–99 

• Natural Gas STAR Program— 

Gathering and Processing Reporting 

Form: EPA Form No. 5900–102 

• Methane Challenge Program—BMP 

Commitment Option Reporting Form: 

EPA Form No. 5900–434 

• Methane Challenge Program—ONE 

Future Commitment Option Reporting 

Form: EPA Form No. 5900–435 

Upon becoming a partner in the 

Methane Challenge Program, companies 

are given an opportunity to draft and 

submit a Historical Actions Fact Sheet, 

which provides information on 

historical methane reduction actions 

taken prior to joining Methane 

Challenge. A two-page fact sheet 

template is made available to partner 

companies and allows entry of up to 

five key methane mitigation activities, 

including text, photos, and graphics. 


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5188 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 

Submitting this document is not a 

requirement of the Methane Challenge 

Program partnership. The fact sheet 

template covered under this ICR is: 

• Methane Challenge Program— 

Historical Actions Fact Sheet 

Template: EPA Form No. 5900–413 

Respondents/affected entities: The 

Natural Gas STAR Programs are open to 

companies in the production segment of 

the oil industry, and to companies in 

the production, gathering & boosting, 

processing, transmission & storage, and 

distribution segments of the natural gas 

industry. 

Respondent’s obligation to respond: 

Voluntary. 

Estimated number of respondents: 97 

(Natural Gas STAR) and 58 (Methane 

Challenge) partners, and 50 vendors 

(total). 

Frequency of response: Annual for 

partners and semi-annual for vendors. 

Total estimated burden: 2,846 hours 

(per year) for the Natural Gas STAR 

Program plus 2,978 hours (per year) for 

the Methane Challenge Program. Burden 

is defined at 5 CFR 1320.03(b). 

Total estimated cost: $268,577.00 (per 

year) for the Natural Gas STAR Program 

plus $268,952 hours (per year) for the 

Methane Challenge Program. There are 

no capital/start-up costs or O&M costs 

associated with this information 

collection. 

Changes in Estimates: EPA expects 

that the burden associated with the final 

ICR submission for the Methane 

Challenge Program will increase 

compared to its previous estimated 

burden due to modifying this ICR to 

include the addition of respondents 

from the Natural Gas STAR Program. 

However, the final total burden for the 

total of the two programs is not 

expected to exceed the sum of the 

burdens for Natural Gas STAR and 

Methane Challenge Programs. 

Hans Christopher Grundler, 

Director, Office of Atmospheric Programs. 

[FR Doc. 2021–01070 Filed 1–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–10016–80-Region 3] 

Delegation of Authority to the 

Commonwealth of 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. 

SUMMARY: On October 8, 2020, the 

Environmental Protection Agency (EPA) 

sent the Commonwealth of Virginia 

(Virginia) a letter acknowledging that 

Virginia’s delegation of authority to 

implement and enforce the National 

Emissions Standards for Hazardous Air 

Pollutants (NESHAPs) 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 

Virginia through this notice. 

DATES: On October 8, 2020, EPA sent 

Virginia a letter acknowledging that 

Virginia’s delegation of authority to 

implement and enforce Federal 

NESHAPs 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, 1650 Arch Street, 

Philadelphia, PA 19103–2029. Copies of 

Virginia’s submittal are also available at 

the Virginia Department of 

Environmental Quality, 1111 East Main 

Street, Richmond, VA 23219. 

FOR FURTHER INFORMATION CONTACT: 

Riley Burger, Permits Branch (3AD10), 

Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, PA 19103. The telephone 

number is (215) 814 2217, or by Mr. 

Burger can also be reached via 

electronic mail at burger.riley@epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

5, 2020, Virginia notified EPA that 

Virginia had updated its incorporation 

by reference of Federal NESHAP, NSPS, 

and Maximum Achievable Control 

Technology (MACT) standards to 

include many such standards, as they 

were published in final form in the 

Code of Federal Regulations (CFR) dated 

July 1, 2019. On October 8, 2020, EPA 

sent Virginia a letter acknowledging that 

Virginia now has the authority to 

implement and enforce the NESHAPs 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 NESHAPs must be 

submitted to both 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, 

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 

New Source Performance Standards 

(NSPS), National Emission Standards 

for Hazardous Air Pollutants (NESHAP), 

and National Emission Standards for 

Hazardous Air Pollutants for Source 

Categories (MACT standards) which are 

found at 40 CFR parts 60, 61 and 63, 

respectively. In those actions, EPA also 

delegated to Virginia the authority to 

implement and enforce any future 

federal NSPS, NESHAP or MACT 

Standards 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 March 5, 2020, 

Virginia submitted to EPA revised 

versions of Virginia’s regulations which 

incorporate by reference specified 

federal NSPS, NESHAP and MACT 

standards, as those federal standards 

had been published in final form in the 

Code of Federal Regulations dated July 

1, 2019. Virginia committed to enforcing 

the federal standards in conformance 

with the terms of EPA’s previous 

delegations of authority and made only 

allowed wording changes. 

Virginia stated that it had submitted 

the revisions ‘‘to retain its authority to 

enforce the NSPSs and NESHAPs under 

the delegation of authority granted by 

EPA on August 27, 1981 (46 FR 43300) 

and to enforce the MACT standards 

under the delegation of authority 

granted by EPA on January 26, 1999 (64 

FR 3938) and January 8, 2002 (67 FR 

825).’’ 

Virginia provided copies of its revised 

regulations which specify the NSPS, 

NESHAP and MACT Standards which it 

had adopted by reference. Virginia’s 

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 

March 4, 2020. 

Based on Virginia’s submittal, EPA 

acknowledges that EPA’s delegations to 

Virginia of the authority to implement 


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