80 FR 38446 - 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

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 128 (July 6, 2015)

Page Range		38446-38447
FR Document		2015-16516

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.

Federal Register, Volume 80 Issue 128 (Monday, July 6, 2015)

[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38446-38447]
From the Federal Register Online [www.thefederalregister.org]
[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 chalmers.ray@epa.gov.

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]
BILLING CODE 6560-50-P

38446 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices

legal authority to implement the name, address and telephone number of updated, as provided for under
electronic reporting components of the the individual, organization or other previously approved delegation
programs covered by the application entity requesting a hearing; mechanisms. To inform regulated
and will use electronic document (2) A brief statement of the requesting facilities and the public of Virginia’s
receiving systems that meet the person’s interest in EPA’s updated delegation of authority to
applicable subpart D requirements. determination, a brief explanation as to implement and enforce NESHAP and
On January 4, 2010, the Kansas why EPA should hold a hearing, and NSPS, EPA is making available a copy
Department of Health and Environment any other information that the of EPA’s letter to Virginia through this
(KDHE) submitted an application titled requesting person wants EPA to notice.
‘‘Department of Health and consider when determining whether to DATES: On May 7, 2015, EPA sent
Environment Enterprise System’’ for grant the request; Virginia a letter acknowledging that
revisions/modifications of its EPA- (3) The signature of the individual Virginia’s delegation of authority to
authorized programs under title 40 CFR. making the request, or, if the request is implement and enforce NESHAP and
EPA reviewed KDHE’s request to revise/ made on behalf of an organization or NSPS had been updated.
modify its EPA-authorized programs other entity, the signature of a ADDRESSES: Copies of documents
and, based on this review, EPA responsible official of the organization pertaining to this action are available for
determined that the application met the or other entity. public inspection during normal
standards for approval of authorized In the event a hearing is requested
business hours at the Air Protection
program revisions/modifications set out and granted, EPA will provide notice of
Division, U.S. Environmental Protection
in 40 CFR part 3, subpart D. In the hearing in the Federal Register not
Agency, Region III, 1650 Arch Street,
accordance with 40 CFR 3.1000(d), this less than 15 days prior to the scheduled
Philadelphia, Pennsylvania 19103–
notice of EPA’s decision to approve hearing date. Frivolous or insubstantial
2029. Copies of Virginia’s submittal are
Kansas’ request to revise/modify its requests for hearing may be denied by
also available at the Virginia
following EPA-authorized programs to EPA. Following such a public hearing,
Department of Environmental Quality,
allow electronic reporting under 40 CFR EPA will review the record of the
629 East Main Street, Richmond,
parts 51, 70–71, 122, 141, 144, 146, 257, hearing and issue an order either
Virginia 23219.
258, 262, 264–266, 268, 270, 403, 412, affirming today’s determination or
FOR FURTHER INFORMATION CONTACT: Ray
and 437, is being published in the rescinding such determination. If no
timely request for a hearing is received Chalmers, (215) 814–2061, or by email
Federal Register:
and granted, EPA’s approval of the State at chalmers.ray@epa.gov.
Part 52—Approval and Promulgation of
of Kansas’ request to revise its part SUPPLEMENTARY INFORMATION: On March
Implementation Plans;
142—National Primary Drinking Water 12, 2015, Virginia notified EPA that
Part 70—State Operating Permit
Regulations Implementation program to Virginia had updated its incorporation
Programs;
Part 71—Federal Operating Permit allow electronic reporting will become by reference of Federal NESHAP and
Programs; effective 30 days after today’s notice is NSPS to include many such standards,
Part 123—EPA Administered Permit published, pursuant to CROMERR as they were published in final form in
Programs: The National Pollutant section 3.1000(f)(4). the Code of Federal Regulations dated
Discharge Elimination System; July 1, 2014. On May 7, 2015, EPA sent
Matthew Leopard, Virginia a letter acknowledging that
Part 142—National Primary Drinking Director, Office of Information Collection.
Water Regulations Implementation; Virginia now has the authority to
Part 145—State Underground Injection
[FR Doc. 2015–16314 Filed 7–2–15; 8:45 am] implement and enforce the NESHAP
Control Programs; BILLING CODE 6560–50–P and NSPS as specified by Virginia in its
Part 239—Requirements for State Permit notice to EPA, as provided for under
Program Determination of previously approved automatic
ENVIRONMENTAL PROTECTION delegation mechanisms. All
Adequacy;
AGENCY notifications, applications, reports and
Part 272—Approved State Hazardous
Waste Management Programs; [FRL–9930–07–Region–3] other correspondence required pursuant
Part 403—General Pretreatment to the delegated NESHAP and NSPS
Regulations for Existing and New Delegation of Authority to the must be submitted to both the US EPA
Sources of Pollution; and Commonwealth of Virginia To Region III and to the Virginia
Part 437—The Centralized Waste Implement and Enforce Additional or Department of Environmental Quality,
Treatment Point Source Category. Revised National Emission Standards unless the delegated standard
for Hazardous Air Pollutants and New specifically provides that such
KDHE was notified of EPA’s
Source Performance Standards submittals may be sent to EPA or a
determination to approve its application
delegated State. In such cases, the
with respect to the authorized programs AGENCY: Environmental Protection submittals should be sent only to the
listed above. Agency (EPA). Virginia Department of Environmental
Also, in this notice, EPA is informing ACTION: Notice of delegation of Quality. A copy of EPA’s letter to
interested persons that they may request authority. Virginia follows:
a public hearing on EPA’s action to
approve the State of Kansas’ request to SUMMARY: On May 7, 2015, the ‘‘Michael G. Dowd, Director, Air
revise its authorized public water Environmental Protection Agency (EPA) Division, Virginia Department of
Environmental Quality, 629 East Main
Lhorne on DSK7TPTVN1PROD with NOTICES

system program under 40 CFR part 142, sent the Commonwealth of Virginia
in accordance with 40 CFR 3.1000(f). (Virginia) a letter acknowledging that Street, P.O. Box 1105, Richmond,
Requests for a hearing must be Virginia’s delegation of authority to Virginia 23218
submitted to EPA within 30 days of implement and enforce National Dear Mr. Dowd:
publication of today’s Federal Register Emissions Standards for Hazardous Air The United States Environmental
notice. Such requests should include Pollutants (NESHAP) and New Source Protection Agency (EPA) has previously
the following information: (1) The Performance Standards (NSPS) had been delegated to the Commonwealth of

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Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices 38447

Virginia (Virginia) the authority to Accordingly, EPA no longer allows noted, nonbanking activities will be
implement and enforce various federal sources the SSM exemption as provided conducted throughout the United States.
National Emissions Standards for for in the vacated provisions at 40 CFR Unless otherwise noted, comments
Hazardous Air Pollutants (NESHAP) 63.6(f)(1) and (h)(1), even though EPA regarding each of these applications
and New Source Performance Standards has not yet formally removed these SSM must be received at the Reserve Bank
(NSPS), which are found at 40 CFR parts exemption provisions from the General indicated or the offices of the Board of
60, 61 and 63.1 In those actions, EPA Provisions of 40 CFR part 63. Because Governors not later than July 30, 2015.
also delegated to Virginia the authority Virginia incorporated 40 CFR part 63 by A. Federal Reserve Bank of Cleveland
to implement and enforce any future reference, Virginia should also no longer (Nadine Wallman, Vice President) 1455
EPA NESHAP or NSPS on the condition allow sources to use the former SSM East Sixth Street, Cleveland, Ohio
that Virginia legally adopt the future exemption from the General Provisions 44101–2566:
standards, make only allowed wording of 40 CFR part 63 due to the Court’s 1. The Old Fort Banking Company
changes, and provide specified notice to ruling in Sierra Club v. EPA. Employee Stock Ownership Plan and
EPA. EPA appreciates Virginia’s continuing Trust, Old Fort, Ohio; to become a bank
In a letter dated March 12, 2015, NESHAP and NSPS enforcement efforts, holding company by acquiring 45
Virginia informed EPA that Virginia had and also Virginia’s decision to take percent of the voting shares of Gillmor
updated its incorporation by reference automatic delegation of additional and Financial Services, Inc., and thereby
of federal NESHAP and NSPS to include more recent NESHAP and NSPS by indirectly acquire voting shares of The
many such standards, as they were adopting them by reference. Old Fort Banking Company, both in Old
published in final form in the Code of Sincerely, Fort, Ohio.
Federal Regulations dated July 1, 2014. Diana Esher, Board of Governors of the Federal Reserve
Virginia noted that its intent in updating Director, Air Protection Division System, June 30, 2015.
its incorporation by reference of the This notice acknowledges the update Michael J. Lewandowski,
NESHAP and NSPS was to retain the of Virginia’s delegation of authority to Associate Secretary of the Board.
authority to enforce all standards implement and enforce NESHAP and [FR Doc. 2015–16467 Filed 7–2–15; 8:45 am]
included in the revisions, as per the NSPS. BILLING CODE 6210–01–P
provisions of EPA’s previous delegation
Dated: June 18, 2015.
actions. Virginia committed to enforcing
the federal standards in conformance Diana Esher,
FEDERAL RESERVE SYSTEM
with the terms of EPA’s previous Director, Air Protection Division, Region III.
delegations of authority. Virginia made [FR Doc. 2015–16516 Filed 7–2–15; 8:45 am] Notice of Proposals to Engage in or to
only allowed wording changes. BILLING CODE 6560–50–P Acquire Companies Engaged in
Virginia provided copies of its revised Permissible Nonbanking Activities
regulations specifying the NESHAP and The companies listed in this notice
NSPS which Virginia has adopted by FEDERAL RESERVE SYSTEM
have given notice under section 4 of the
reference. These revised regulations are Bank Holding Company Act (12 U.S.C.
entitled 9 VAC 5–50 ‘‘New and Formations of, Acquisitions by, and
Mergers of Bank Holding Companies 1843) (BHC Act) and Regulation Y, (12
Modified Stationary Sources,’’ and 9 CFR part 225) to engage de novo, or to
VAC 5–60 ‘‘Hazardous Air Pollutant The companies listed in this notice acquire or control voting securities or
Sources.’’ These revised regulations have applied to the Board for approval, assets of a company, including the
have an effective date of March 11, pursuant to the Bank Holding Company companies listed below, that engages
2015. Act of 1956 (12 U.S.C. 1841 et seq.) either directly or through a subsidiary or
Accordingly, EPA acknowledges that (BHC Act), Regulation Y (12 CFR part other company, in a nonbanking activity
Virginia now has the authority, as 225), and all other applicable statutes that is listed in § 225.28 of Regulation Y
provided for under the terms of EPA’s and regulations to become a bank (12 CFR 225.28) or that the Board has
previous delegation actions, to holding company and/or to acquire the determined by Order to be closely
implement and enforce the NESHAP assets or the ownership of, control of, or related to banking and permissible for
and NSPS standards which Virginia has the power to vote shares of a bank or bank holding companies. Unless
adopted by reference in Virginia’s bank holding company and all of the otherwise noted, these activities will be
revised regulations 9 VAC 5–50 and 9 banks and nonbanking companies conducted throughout the United States.
VAC 5–60, both effective on March 11, owned by the bank holding company, Each notice is available for inspection
2015. including the companies listed below. at the Federal Reserve Bank indicated.
Please note that on December 19, The applications listed below, as well The notice also will be available for
2008, in Sierra Club v. EPA,2 the United as other related filings required by the inspection at the offices of the Board of
States Court of Appeals for the District Board, are available for immediate Governors. Interested persons may
of Columbia Circuit vacated certain inspection at the Federal Reserve Bank express their views in writing on the
provisions of the General Provisions of indicated. The applications will also be question whether the proposal complies
40 CFR part 63 relating to exemptions available for inspection at the offices of with the standards of section 4 of the
for startup, shutdown, and malfunction the Board of Governors. Interested BHC Act.
(SSM). On October 16, 2009, the Court persons may express their views in Unless otherwise noted, comments
issued a mandate vacating these SSM writing on the standards enumerated in regarding the notices must be received
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exemption provisions, which are found the BHC Act (12 U.S.C. 1842(c)). If the at the Reserve Bank indicated or the
at 40 CFR 63.6(f)(1) and (h)(1). proposal also involves the acquisition of offices of the Board of Governors not
a nonbanking company, the review also later than July 30, 2015.
1 EPA has posted copies of these actions at:
includes whether the acquisition of the A. Federal Reserve Bank of Atlanta
http://www.epa.gov/reg3artd/airregulations/
delegate/vadelegation.htm. nonbanking company complies with the (Chapelle Davis, Assistant Vice
2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. standards in section 4 of the BHC Act President) 1000 Peachtree Street, NE.,
2008). (12 U.S.C. 1843). Unless otherwise Atlanta, Georgia 30309:

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Document Created: 2015-12-15 13:17:29
Document Modified: 2015-12-15 13:17:29

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of delegation of authority.
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.
Contact		Ray Chalmers, (215) 814-2061, or by email at [email protected]
FR Citation		80 FR 38446