Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 5821 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9462–01–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 December 7, 2021, 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 December 7, 2021, 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 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. 

FOR FURTHER INFORMATION CONTACT: 

Yongtian He, Permits Branch (3AD10), 

Air & Radiation Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

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 4, 

2021, 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, 2020. 

On December 7, 2021, EPA sent West 

Virginia a letter acknowledging that 

effective June 1, 2021, 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, 67 FR 15486, 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 December 7, 2021 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 4, 2021, 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 (NESHAPs) and 

New Source Performance Standards (NSPSs) 

to include many such standards as found in 

40 CFR parts 60, 61, and 63 as of June 1, 

2020. 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 (enclosed), to WVDEP Director Michael 

Callaghan, EPA delegated to the State of West 

Virginia the authority to implement and 

enforce various federal NESHAPs found in 40 

CFR part 63. In another letter to Director 

Callaghan dated January 8, 2002 (enclosed), 

EPA delegated to the State of West Virginia 

the authority to implement and enforce 

various federal NESHAPs found in 40 CFR 

part 61 and NSPSs 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 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, 2021. 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. 

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, 2021. 

Please note that on December 19, 2008 in 

Sierra Club vs. EPA (551 F.3rd 1019, D.C. 

Circuit 2008), 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. 

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 


jspears on DSK121TN23PROD with NOTICES1
5822 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 

1Currently, these are Puerto Rico, American 

Samoa, Guam, the United States Virgin Islands and 

the Northern Mariana Islands. See http://

www.house.gov/representatives. 

2Currently, these states are: Alaska, Delaware, 

Montana, North Dakota, South Dakota, Vermont and 

Wyoming. See http://www.house.gov/ 

representatives/. 

authority to implement and enforce 

NESHAP and NSPS. 

Dated: January 26, 2022. 

Cristina Ferna ́ndez, 

Director, Air and Radiation Division, Region 

III. 

[FR Doc. 2022–02052 Filed 2–1–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL ELECTION COMMISSION 

[NOTICE 2022–03] 

Price Index Adjustments for 

Expenditure Limitations and Lobbyist 

Bundling Disclosure Threshold 

AGENCY: Federal Election Commission. 

ACTION: Notice of adjustments to 

expenditure limitations and lobbyist 

bundling disclosure threshold. 

SUMMARY: As mandated by provisions of 

the Federal Election Campaign Act (‘‘the 

Act’’), the Federal Election Commission 

(‘‘the Commission’’) is adjusting certain 

expenditure limitations and the lobbyist 

bundling disclosure threshold set forth 

in the Act, to index the amounts for 

inflation. Additional details appear in 

the supplemental information that 

follows. 

DATES: The new limitations apply 

beginning on January 1, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Elizabeth S. Kurland, Information 

Division, 1050 First Street NE, 

Washington, DC 20463; (202) 694–1100 

or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: Under the 

Federal Election Campaign Act, 52 

U.S.C. 30101–45, coordinated party 

expenditure limits (52 U.S.C. 

30116(d)(2)–(3)) and the disclosure 

threshold for contributions bundled by 

lobbyists (52 U.S.C. 30104(i)(3)(A)) are 

adjusted periodically to reflect changes 

in the consumer price index. See 52 

U.S.C. 30104(i)(3)(B), 30116(c); 11 CFR 

109.32(a)(2), (b)(3), 110.17(a), (f). The 

Commission is publishing this notice to 

announce the adjusted limits and 

disclosure threshold for 2022. 

Coordinated Party Expenditure Limits 

for 2022 

Under 52 U.S.C. 30116(c), the 

Commission must adjust the 

expenditure limitations established by 

52 U.S.C. 30116(d) (the limits on 

expenditures by national party 

committees, state party committees, or 

their subordinate committees in 

connection with the general election 

campaign of candidates for Federal 

office) annually to account for inflation. 

This expenditure limitation is increased 

by the percent difference between the 

price index, as certified to the 

Commission by the Secretary of Labor, 

for the 12 months preceding the 

beginning of the calendar year and the 

price index for the base period (calendar 

year 1974). 52 U.S.C. 30116(c)(1)(B)(i), 

(2)(B)(i). 

1. Expenditure Limitation for House of 

Representatives in States With More 

Than One Congressional District 

Both the national and state party 

committees have an expenditure 

limitation for each general election held 

to fill a seat in the House of 

Representatives in states with more than 

one congressional district. See 52 U.S.C. 

30116(d)(3)(B). This limitation also 

applies to the District of Columbia and 

territories that elect individuals to the 

office of Delegate or Resident 

Commissioner.1 Id. The formula used to 

calculate the expenditure limitation in 

such states and territories multiplies the 

base figure of $10,000 by the difference 

in the price index (5.49563), rounding to 

the nearest $100. See 52 U.S.C. 

30116(c)(1)(B), (d)(3)(B); 11 CFR 

109.32(b), 110.17. Based upon this 

formula, the expenditure limitation for 

2022 general elections for House 

candidates in these states, districts, and 

territories is $55,000. 

2. Expenditure Limitation for Senate 

and for House of Representatives in 

States With Only One Congressional 

District 

Both the national and state party 

committees have an expenditure 

limitation for a general election held to 

fill a seat in the Senate or in the House 

of Representatives in states with only 

one congressional district. See 52 U.S.C. 

30116(d)(3)(A). The formula used to 

calculate this expenditure limitation 

considers not only the price index but 

also the voting age population (‘‘VAP’’) 

of the state. Id. The VAP figures used to 

calculate the expenditure limitations 

were certified by the U.S. Census 

Bureau. The VAP of each state is also 

published annually in the Federal 

Register by the U.S. Department of 

Commerce. 11 CFR 110.18. The general 

election expenditure limitation is the 

greater of: The base figure ($20,000) 

multiplied by the difference in the price 

index, 5.49563 (which totals $109,900); 

or $0.02 multiplied by the VAP of the 

state, multiplied by 5.49563. See 52 

U.S.C. 30116(c)(1)(B), (d)(3)(A); 11 CFR 

109.32(b), 110.17. Amounts are rounded 

to the nearest $100. 52 U.S.C. 

30116(c)(1)(B)(iii); 11 CFR 109.32(b)(3), 

110.17(c). The chart below provides the 

state-by-state breakdown of the 2022 

general election expenditure limitations 

for Senate elections. The expenditure 

limitation for 2022 House elections in 

states with only one congressional 

district 2 is $109,900. 

SENATE GENERAL ELECTION COORDINATED EXPENDITURE LIMITS—2022 ELECTIONS 3

State 

Voting age 

population 

(VAP) 

VAP × .02 × the price index 

(5.49563) 

Senate expenditure limit 

(the greater of the amount 

in column 3 or $109,900) 

Alabama .................................................................................................................................................... 3,917,625 $430,600 $430,600 

Alaska ........................................................................................................................................................ 553,317 60,800 109,900 

Arizona ...................................................................................................................................................... 5,662,328 622,400 622,400 

Arkansas ................................................................................................................................................... 2,322,502 255,300 255,300 

California ................................................................................................................................................... 30,465,205 3,348,500 3,348,500 

Colorado .................................................................................................................................................... 4,568,613 502,100 502,100 

Connecticut ............................................................................................................................................... 2,875,887 316,100 316,100 

Delaware ................................................................................................................................................... 795,090 87,400 109,900 

Florida ....................................................................................................................................................... 17,491,848 1,922,600 1,922,600 

Georgia ...................................................................................................................................................... 8,275,264 909,600 909,600 

Hawaii ........................................................................................................................................................ 1,137,154 125,000 125,000 

Idaho ......................................................................................................................................................... 1,431,897 157,400 157,400 

Illinois ........................................................................................................................................................ 9,868,245 1,084,600 1,084,600 

Indiana ....................................................................................................................................................... 5,218,979 573,600 573,600 


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