[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38446-38447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16516]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9930-07-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 May 7, 2015, the Environmental Protection Agency (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 May 7, 2015, 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.
FOR FURTHER INFORMATION CONTACT: Ray Chalmers, (215) 814-2061, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: On March 12, 2015, Virginia notified 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, 2014. On
May 7, 2015, 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
[[Page 38447]]
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 March 12, 2015, 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, 2014.
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 March 11, 2015.
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 March 11, 2015.
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 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 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 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 v. 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: June 18, 2015.
Diana Esher,
Director, Air Protection Division, Region III.
[FR Doc. 2015-16516 Filed 7-2-15; 8:45 am]
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