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
Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices 83941 

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, effective on June 1, 2023. 

If you have any questions, please contact 

me or Ms. Mary Cate Opila, Chief, Permits 

Branch, at 215–814–2041. 

Sincerely, 

Cristina Ferna ́ndez, Director 

Air and Radiation Division’’ 

Enclosures 

cc: Renu Chakrabarty (via email at 

renu.m.chakrabarty@wv.gov) 

Mike Egnor (via email at michael.egnor@

wv.gov) 

This notice acknowledges the updates 

of West Virginia’s delegation of 

authority to implement and enforce 

NESHAP and NSPS. 

Cristina Ferna ́ndez, 

Director, Air and Radiation Division, Region 

III. 

[FR Doc. 2023–26439 Filed 11–30–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2023–0061; FRL–10581– 

14–OCSPP] 

Significant New Use Notices (SN–23– 

0002 Through 0006 and SN–23–0008 

Through 0011); Extension of Review 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This document announces the 

extension of the review periods for 

significant new use notices (SNUNs) 

identified as SN–23–0002 through 0006 

and SN–23–0008 through 0011 

submitted to the Environmental 

Protection Agency (EPA) under the 

Toxic Substances Control Act (TSCA). 

EPA has determined that an extension 

of the statutory 90-day review periods 

for these SNUNs is necessary to allow 

the Agency to complete the required 

analysis under TSCA, investigate 

potential risk, examine regulatory 

options, and prepare the necessary 

documents should the Agency 

determine that further regulatory action 

is required. 

DATES: The review periods are extended 

to February 28, 2024. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: Jim 

Alwood, Acting Chief, Risk 

Management Branch 1, New Chemicals 

Division (7405), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave, NW, Washington, DC 20460–0001; 

telephone number: (202) 564–8974; 

email address: alwood.jim@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the chemical 

manufacturing company that submitted 

the SNUNs. This action may also be of 

interest to persons concerned about 

health, environmental, and/or economic 

aspects of the significant new uses of 

the chemical substances. Since other 

entities may also be interested, the 

Agency has not attempted to describe all 

the specific entities that may be affected 

by this action. 

B. How can I access the docket? 

The docket for this action, identified 

by docket identification (ID) number 

EPA–HQ–OPPT–2023–0061, is available 

online at https://www.regulations.gov or 

in-person at the Office of Pollution 

Prevention and Toxics Docket (OPPT 

Docket), Environmental Protection 

Agency Docket Center (EPA/DC), West 

William Jefferson Clinton Bldg., Rm. 

3334, 1301 Constitution Ave, NW, 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the OPPT Docket is (202) 566–0280. 

Please review the visitor instructions 

and additional information about the 

docket available at https://www.epa.gov/ 

dockets. 

C. What is EPA’s authority for this 

action? 

TSCA section 5(c), 15 U.S.C. 2604(c), 

and 40 CFR 720.75(c) authorize EPA to 

extend, for good cause, the 90-day 

SNUN review period for additional 

periods of time not to exceed in the 

aggregate 90 days. Examples of 

circumstances in which EPA may find 

good cause to extend the review period 

include, but are not limited to, EPA’s 

request for additional information 

relating to a notice during the notice 

review period, EPA’s receipt of 

additional information relating to a 

notice during the notice review period, 

and EPA’s determination that there is a 

significant possibility that a significant 

new use of a chemical will be regulated 

under TSCA sections 5(e) or 5(f) and 

additional time is required for EPA to 

initiate the appropriate regulatory 

action. 

D. What action is the Agency taking? 

For the SNUNs identified in Unit II., 

EPA finds that there is good cause to 

extend the SNUN review periods. Based 

on the Agency’s analysis to date, EPA 

has determined that extensions of the 

SNUN review periods are necessary to 

further investigate potential risk, 

examine regulatory options, and prepare 

the necessary documents, should 

regulatory action be required for the 

significant new uses of the chemical 

substances. Specifically, EPA received 

additional information and amendments 

to all nine of the notices during the 

review periods which required 

additional time for EPA to review and 

include in the assessment in order to 

determine and initiate the appropriate 

regulatory action. 

II. What notices are subject to this 

extension? 

On December 30, 2022, EPA received 

SNUNs SN–23–0002 through 0006 and 

SN–23–0008 through 0011 for 

significant new uses of the following 

existing chemical substances: 

• Octanoic acid, 2,2,3,3,4,4,5,5,

6,6,7,7,8,8,8-pentadecafluoro- (CASRN 

335–67–1, SN–23–0002), 

• Dodecanoic acid, 2,2,3,3,4,4,5,5,

6,6,7,7,8,8,9,9,10,10,11,11,12,12,12- 

tricosafluoro- (CASRN 307–55–1, SN– 

23–0003), 

• Nonanoic acid, 2,2,3,3,4,4,5,5,6,6,

7,7,8,8,9,9,9-heptadecafluoro- (CASRN 

375–95–1, SN–23–0004), 

• Decanoic acid, 2,2,3,3,4,4,5,5,

6,6,7,7,8,8,9,9,10,10,10-nonadecafluoro- 

(CASRN 335–76–2, SN–23–0005), 

• Undecanoic acid, 2,2,3,3,4,4,5,5,

6,6,7,7,8,8,9,9,10,10,11,11,11- 

heneicosafluoro- (CASRN 2058–94–8, 

SN–23–0006), 

• Tetradecanoic acid, 2,2,3,3,4,4,

5,5,6,6,7,7,8,8,9,9,10,10,11,11,12,12,

13,13,14,14,14-heptacosafluoro- 

(CASRN 376–06–7, SN–23–0008), 

• Tridecanoic acid, 2,2,3,3,4,4,5,5,

6,6,7,7,8,8,9,9,10,10,11,11,12,12,

13,13,13-pentacosafluoro- (CASRN 

72629–94–8, SN–23–0009), 

• Hexadecanoic acid, 2,2,3,3,4,4,5,5,

6,6,7,7,8,8,9,9,10,10,11,11,12,12,13,13,

14,14,15,15,16,16,16- 

hentriacontafluoro- (CASRN 67905–19– 

5, SN–23–0010), and 

• Octadecanoic acid, 2,2,3,3,4,4,5,5,

6,6,7,7,8,8,9,9,10,10,11,11,12,12,

13,13,14,14,15,15,16,16,17,17,18,18,18- 

pentatriacontafluoro- (CASRN 16517– 

11–6, SN–23–0011). 


lotter on DSK11XQN23PROD with NOTICES1