[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Notices]
[Pages 38177-38178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13912]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9947-58-Region 3]
Delegation of Authority to the Commonwealth of Virginia To
Implement and Enforce Additional or Revised National Emission Standards
for Hazardous Air Pollutants Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of delegation of authority.
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SUMMARY: On April 7, 2016, 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) 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 April 7, 2016, EPA sent Virginia a letter acknowledging that
Virginia's delegation of authority to implement and enforce federal
NESHAPs 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 February 10, 2016, Virginia notified EPA
that Virginia had updated its incorporation by reference of federal
NESHAPs to include many such standards, as they were published in final
form in the Code of Federal Regulations dated July 1, 2015. On April 7,
2016, EPA sent Virginia a letter acknowledging that Virginia now has
the authority to implement and enforce the NESHAPs 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 NESHAPs 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
[[Page 38178]]
National Emissions Standards for Hazardous Air Pollutants (NESHAPs)
found at 40 CFR parts 61 and 63. In those actions, EPA also delegated
to Virginia the authority to implement and enforce any future EPA
NESHAPs 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 February 10, 2016, Virginia informed EPA that
Virginia had updated its incorporation by reference of federal NESHAPs
to include many such standards, as they were published in final form in
the Code of Federal Regulations dated July 1, 2015. Virginia explained
that its intent in updating its incorporation by reference of the
NESHAPs 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.
EPA notes that Virginia provided a copy of the State's regulatory
action that states: ``[t]he amendments update state regulations that
incorporate by reference certain U.S. Environmental Protection Agency
regulations to reflect the Code of Federal Regulations as published on
July 1, 2015. No new NESHAPs or MACTs are being incorporated. The date
of the Code of Federal Regulations book being incorporated by reference
is being updated to the latest version.'' Virginia's regulatory action
indicates that ``[t]he revised regulations have an effective date of
February 10, 2016.''
EPA also notes that Virginia provides in its regulatory action that
``[t]he Environmental Protection Agency National Emission Standards for
Source Categories (Maximum Achievable Control Technologies, or MACTs)
as promulgated in 40 CFR part 63 and designated in 9VAC5-60-100 are,
unless indicated otherwise, incorporated by reference into the
regulations of the board [State Air Pollution Control Board] as amended
by the word or phrase substitutions given in 9VAC5-60-110. The complete
text of the subparts in 9VAC5-60-100 incorporated herein by reference
is contained in 40 CFR part 63. The 40 CFR section numbers appearing
under each subpart in 9VAC5-60-100 identify the specific provisions of
the subpart incorporated by reference. The specific version of the
provision adopted by reference shall be that contained in the CFR 2015
in effect July 1, 2015.''
EPA further notes that Virginia provides in its regulatory action
that ``[t]he Environmental Protection Agency National Emission
Standards (NESHAPs) as promulgated in 40 CFR part 61 and designated in
9VAC5-60-70 are, unless indicated otherwise, incorporated by reference
into the regulations of the board as amended by the word or phrase
substitutions given in 9VAC5-60-80. The complete text of the subparts
in 9VAC5-60-70 incorporated herein by reference is contained in 40 CFR
part 61. The 40 CFR section numbers appearing under each subpart in
9VAC5-60-70 identify the specific provisions of the subpart
incorporated by reference. The specific version of the provision
adopted by reference shall be that contained in the CFR 2015 in effect
July 1, 2015.''
In response to Virginia's submittal, 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
standards which Virginia has adopted by reference in Virginia's revised
regulations 9 VAC 5-60-100 and 9 VAC 5-60-70, both effective on
February 10, 2016.
Please note that on December 19, 2008, in Sierra Club v. EPA,\1\
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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\1\ 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 vs. EPA.
EPA appreciates Virginia's continuing NESHAP enforcement efforts,
and also Virginia's decision to take automatic delegation of more
recent NESHAP by adopting them by reference.
Sincerely,
Nikos Singelis, Acting Director
Air Protection Division''
This notice acknowledges the update of Virginia's delegation of
authority to implement and enforce NESHAP and NSPS.
Dated June 1, 2016.
Nikos Singelis,
Acting Director, Air Protection Division, Region III.
[FR Doc. 2016-13912 Filed 6-10-16; 8:45 am]
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