Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices 83939 

Dated: November 27, 2023. 

Dzung Kim Ngo Kidd, 

Acting Director, Water Division, Region 6. 

[FR Doc. 2023–26437 Filed 11–30–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–11578–01–R3] 

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 October 24, 2023, 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 24, 2023, EPA sent 

Virginia a letter acknowledging that 

Virginia’s delegation of authority to 

implement and enforce certain Federal 

NSPS and NESHAPs 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, 1600 John F. 

Kennedy Blvd., 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: 

Yongtian He, Permits Branch (3AD10), 

Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, Four Penn Center, 1600 JFK 

Boulevard, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2339, or Mr. He can also be reached 

via electronic mail at He.Yongtian@

epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

16, 2023, Virginia notified EPA that 

Virginia had updated its incorporation 

by reference of Federal NSPS, NESHAP, 

and Maximum Available 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, 2022. On October 24, 2023, EPA 

sent Virginia a letter acknowledging that 

Virginia now has the authority to 

implement and enforce the NSPS, 

NESHAP, and MACT standards 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 NSPS, NESHAP, and 

MACT 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, VA 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 16, 2023, 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, 2022. 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 15, 2023. 

Based on Virginia’s submittal, EPA 

acknowledges that EPA’s delegations to 

Virginia of the authority to implement and 

enforce EPA’s NSPS, NESHAP, and MACT 

standards have been updated, as provided for 

under the terms of EPA’s previous delegation 

of authority actions, to allow Virginia to 

implement and enforce the federal NSPS, 

NESHAP and MACT standards which 

Virginia has adopted by reference as 

specified in Virginia’s revised regulations 9 

VAC 5–50 and 9 VAC 5–60, both effective on 

March 15, 2023. 

EPA appreciates Virginia’s continuing 

NSPS, NESHAP and MACT standards 

enforcement efforts, and also Virginia’s 

decision to take automatic delegation of 

additional or updated NSPS, NESHAP and 

MACT standards by adopting them by 

reference. 

Sincerely, 

Cristina Fernandez, Director 

Air and Radiation Division’’ 

This notice acknowledges the update 

of Virginia’s delegation of authority to 

implement and enforce NSPS, NESHAP, 

and MACT standards. 

Cristina Fernandez, 

Director, Air and Radiation Division, Region 

III. 

[FR Doc. 2023–26440 Filed 11–30–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL OP–OFA–098] 

Environmental Impact Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information 202– 

564–5632 or https://www.epa.gov/nepa. 

Weekly receipt of Environmental Impact 

Statements (EIS) 

Filed November 17, 2023 10 a.m. EST 

Through November 27, 2023 10 a.m. 

EST 

Pursuant to 40 CFR 1506.9. 

Notice: Section 309(a) of the Clean Air 

Act requires that EPA make public its 

comments on EISs issued by other 

Federal agencies. EPA’s comment letters 

on EISs are available at: https://

cdxapps.epa.gov/cdx-enepa-II/public/ 

action/eis/search. 


lotter on DSK11XQN23PROD with NOTICES1
83940 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices 

EIS No. 20230164, Final, FAA, ID, 

Adoption—Airspace Optimization for 

Readiness for Mountain Home Air 

Force Base, Contact: Lonnie Covalt 

206–231–3998. 

The Federal Aviation Administration 

(FAA) has adopted the United States Air 

Force’s Final EIS No. 20230035 filed 02/ 

22/2023 with the Environmental 

Protection Agency. The FAA was a 

cooperating agency on this project. 

Therefore, republication of the 

document is not necessary under 

section 1506.3(b)(2) of the CEQ 

regulations. 

EIS No. 20230165, Draft, USFS, WY, 

Dell Creek and Forest Park Elk 

Feedgrounds: Long-Term Special Use 

Permits, Comment Period Ends: 01/ 

16/2024, Contact: Randall Griebel 

307–739–5537. 

EIS No. 20230166, Draft, NRCS, ND, 

Cart Creek Site 1 of the North Branch 

Park River Watershed Plan, Comment 

Period Ends: 01/26/2024, Contact: 

Christi Fisher 701–530–2091. 

EIS No. 20230167, Final Supplement, 

USFS, NAT, Nationwide Aerial 

Application of Fire Retardant on 

National Forest System Lands, Review 

Period Ends: 01/02/2024, Contact: 

Laura Conway 406–802–4317. 

Dated: November 27, 2023. 

Julie Smith, 

Acting Director, NEPA Compliance Division, 

Office of Federal Activities. 

[FR Doc. 2023–26426 Filed 11–30–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–11577–01–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. 

SUMMARY: On October 24, 2023, 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 October 24, 2023, 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 Protection 

Division, U.S. Environmental Protection 

Agency, Region III, Four Penn Center, 

1600 JFK 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: 

Yongtian He, Permits Branch (3AD10), 

Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, Four Penn Center, 1600 JFK 

Boulevard, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2339. Mr. He can also be reached 

via electronic mail at He.Yongtian@

epa.gov. 

SUPPLEMENTARY INFORMATION: On May 1, 

2023, 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, 2021. 

On October 24, 2023, EPA sent West 

Virginia a letter acknowledging that 

effective June 1, 2023, 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, December 14, 1984, and 67 

FR 15486, April 2, 2002, 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 October 24, 2023 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 laura.m.crowder@wv.gov 

Dear Ms. Crowder: 

This letter acknowledges your letter dated 

May 1, 2023 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, 

2022. 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 

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, 2023. 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. 


lotter on DSK11XQN23PROD with NOTICES1