Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 5185 

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: 

Christina Thompson, Environmental 

Protection Agency, Stratospheric 

Protection Division, Office of 

Atmospheric Programs, MC 6205T, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460; telephone number: (202) 564– 

0983; email address: 

thompson.christina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Supporting documents which explain in 

detail the information that the EPA will 

be collecting are available in the public 

docket for this ICR. The docket can be 

viewed online at https://

www.regulations.gov. The EPA is 

temporarily suspending its Docket 

Center and Reading Room for public 

visitors, with limited exceptions, to 

reduce the risk of transmitting COVID– 

19. Our Docket Center staff will 

continue to provide remote customer 

service via email, phone, and webform. 

The telephone number for the Docket 

Center is 202–566–1744. For further 

information and updates on EPA Docket 

Center services, please visit us online at 

https://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: EPA’s Significant New 

Alternatives Policy (SNAP) program 

implements Section 612 of the 1990 

Clean Air Act (CAA) Amendments 

which authorized the Agency to 

establish regulatory requirements to 

ensure that ozone-depleting substances 

(ODS) are replaced by alternatives that 

reduce overall risks to human health 

and the environment, and to promote an 

expedited transition to safe substitutes. 

To promote this transition, CAA 

specified that EPA establish an 

information clearinghouse of available 

alternatives, and coordinate with other 

Federal agencies and the public on 

research, procurement practices, and 

information and technology transfers. 

Since the program’s inception in 

1994, SNAP has reviewed close to 500 

new chemicals and alternative 

manufacturing processes for a wide 

range of consumer, industrial, space 

exploration, and national security 

applications. Roughly 90% of 

alternatives submitted to EPA for review 

have been listed as acceptable for a 

specific use, typically with some 

condition or limit to minimize risks to 

human health and the environment. 

Regulations promulgated under SNAP 

require that Motor Vehicle Air 

Conditioners (MVACs) retrofitted to use 

a SNAP substitute refrigerant include 

basic information on a label to be 

affixed to the air conditioner. The label 

includes the name of the substitute 

refrigerant, when and by whom the 

retrofit was performed, environmental 

and safety information about the 

substitute refrigerant, and other 

information. This information is needed 

so that subsequent technicians working 

on the MVAC system will be able to 

service the equipment properly, 

decreasing the likelihood of significant 

refrigerant cross-contamination and 

potential failure of air conditioning 

systems and recovery/recycling 

equipment. 

Form Numbers: None. 

Respondents/affected entities: Entities 

potentially affected by this action are 

new and used car dealers, gas service 

stations, top and body repair shops, 

general automotive repair shops, 

automotive repair shops not elsewhere 

classified, including air conditioning 

and radiator specialty shops. 

Respondent’s obligation to respond: 

Mandatory under 40 CFR 82.180. 

Estimated number of respondents: 3 

(total). 

Frequency of response: Once per 

retrofit of a motor vehicle air 

conditioner. 

Total estimated burden: 0.08 hours 

(per year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $3.64 (per year), 

includes $0.10 (per year) annualized 

capital or operation & maintenance 

costs. 

Changes in Estimates: There is a 

decrease of 0.3 hours in the total 

estimated respondent burden compared 

with the ICR currently approved by 

OMB (per year). This decrease is based 

on the decline of MVACs in service 

today using chlorofluorocarbons (CFCs), 

specifically CFC–12. After 1994, new 

cars in the U.S. were no longer 

manufactured with CFC–12 MVACs. 

The number of MVACs originally 

designed to use CFC–12 as well as the 

number of those retrofitted has been 

decreasing every year and EPA 

estimates a continued reduction in the 

number of CFC–12 MVAC retrofits will 

occur during the next three years. EPA 

estimates that in 2020 there were 1,500 

MVACs originally designed to use CFC– 

12 operating in the U.S., and estimates 

that in 2021, 2022 and 2023 the number 

of cars originally designed to use CFC– 

12 will decrease to 600, 200 and 100, 

respectively. Of these, EPA estimates 

that 1 MVAC will be retrofitted annually 

to use alternative refrigerants. Therefore, 

EPA estimates that in 2021, 2022 and 

2023 the number of MVACs to be 

retrofitted is 1 for each year; resulting in 

a total of 3 MVAC retrofits over the 

three years of this ICR. These reductions 

are due to the decrease of CFC–12 

MVACs available on the road for 

retrofitting. 

Hans Christopher Grundler, 

Director, Office of Atmospheric Programs. 

[FR Doc. 2021–01062 Filed 1–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–10016–81–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 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 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 


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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 


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