[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63184-63185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24880]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9901-78-Region 3]
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.
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SUMMARY: On March 13, 2013, EPA sent the Commonwealth of Virginia
(Virginia) a letter acknowledging that Virginia's delegation of
authority to implement and enforce 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 of
Virginia's updated delegation of authority to implement and enforce
NESHAP and NSPS, EPA is making available a copy of EPA's letter to
Virginia through this notice.
DATES: On March 13, 2013, EPA sent Virginia a letter acknowledging that
Virginia's delegation of authority to implement and enforce 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,
1650 Arch Street, Philadelphia, Pennsylvania 19103-2029. Copies of
Virginia's submittal are also available at the Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.
Copies of Virginia's notice to EPA that Virginia has updated its
incorporation by reference of Federal NESHAP and NSPS, and of EPA's
response, may also be found posted on EPA Region III's Web site at:
http://www.epa.gov/reg3artd/airregulations/delegate/vadelegation.htm.
FOR FURTHER INFORMATION CONTACT: Ray Chalmers, (215) 814-2061, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On February 14, 2013, Virginia notified EPA
that Virginia has updated its incorporation by reference of Federal
NESHAP and NSPS to include many such standards, as they were published
in final form in the Code of Federal Regulations dated July 1, 2012. On
March 13, 2013, EPA sent Virginia a letter acknowledging that Virginia
now has the authority to implement and enforce the NESHAP and NSPS 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 NESHAP and NSPS must be submitted to both the US 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
629 East Main Street
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
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.\1\ In those actions, EPA also delegated to
Virginia the authority to implement and enforce any future EPA
NESHAP or NSPS on the condition that Virginia legally adopt the
future standards, make only allowed wording changes, and provide
specified notice to EPA.
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\1\ EPA has posted copies of these actions at: http://www.epa.gov/reg3artd/airregulations/delegate/vadelegation.htm.
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In a letter dated February 14, 2013, Virginia informed EPA that
Virginia had updated its incorporation by reference of federal
NESHAP and NSPS to include many such standards, as they were
published in final form in the Code of Federal Regulations dated
July 1, 2012. Virginia noted that its intent in updating its
incorporation by reference of the NESHAP and NSPS was to retain the
authority to enforce all standards included in the revisions, as per
the provisions of EPA's previous delegation actions. Virginia
committed to enforcing the federal standards in conformance with the
terms of EPA's previous delegations of authority. Virginia made only
allowed wording changes.
Virginia provided copies of its revised regulations specifying
the NESHAP and NSPS which Virginia has adopted by reference. These
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
February 13, 2013.
Accordingly, EPA acknowledges that 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 Virginia has adopted by reference in Virginia's
revised regulations 9 VAC 5-50 and 9 VAC 5-60, both effective on
February 13, 2013.
Please note that on December 19, 2008, in Sierra Club v. EPA,\2\
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 a mandate
vacating these SSM exemption provisions, which are found at 40 CFR
Sec. 63.6(f)(1) and (h)(1).
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\2\ Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008).
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Accordingly, EPA no longer allows sources the SSM exemption as
provided for in the vacated provisions at 40 CFR Sec. 63.6(f)(1)
and (h)(1), even though EPA has not yet formally removed these SSM
exemption provisions from the General Provisions of 40 CFR Part
[[Page 63185]]
63. Because Virginia incorporated 40 CFR Part 63 by reference,
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 Virginia's continuing NESHAP and NSPS
enforcement efforts, and also Virginia's decision to take automatic
delegation of additional and more recent NESHAP and NSPS by adopting
them by reference.
Sincerely,
Diana Esher,
Director, Air Protection Division.
This notice acknowledges the update of Virginia's delegation of
authority to implement and enforce NESHAP and NSPS.
Dated: September 18, 2013.
Diana Esher,
Director, Air Protection Division, Region III.
[FR Doc. 2013-24880 Filed 10-22-13; 8:45 am]
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