81 FR 38177 - Delegation of Authority to the Commonwealth of Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 113 (June 13, 2016)
Federal Register Volume 81, Issue 113 (June 13, 2016)
| Page Range | 38177-38178 | |
| FR Document | 2016-13912 |
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)] [Notices] [Pages 38177-38178] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13912] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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). --------------------------------------------------------------------------- \1\ Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008). --------------------------------------------------------------------------- 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] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Notices 38177
(NMFS)) in connection with the 2014 C. Paperwork Reduction Act Pollutants (NESHAPs) had been
draft Small MS4 General Permit. The information collection updated, as provided for under
On July 8, 2014, EPA initiated an requirements of this permit were previously approved delegation
informal consultation with the USFWS previously approved by the Office of mechanisms. To inform regulated
and the National Oceanic and Management and Budget (OMB) under facilities and the public, EPA is making
Atmosphere Administration, National the provisions of the Paperwork available a copy of EPA’s letter to
Marine Fisheries Service (NMFS) Reduction Act, 44 U.S.C. 3501 et seq., Virginia through this notice.
pursuant to Section 7 of the ESA, for the and assigned OMB control number DATES: On April 7, 2016, EPA sent
reissuance of a proposed 2014 NPDES 2040–0004. Virginia a letter acknowledging that
Small MS4 General Permit. Based on the Virginia’s delegation of authority to
information, EPA believes that the D. Regulatory Flexibility Act implement and enforce federal
issuance of the NPDES Small MS4 The Regulatory Flexibility Act (RFA), NESHAPs had been updated.
General Permit (PRR040000), may affect, 5 U.S.C. 601 et seq., requires that EPA ADDRESSES: Copies of documents
but is not likely to adversely affect any prepare a regulatory flexibility analysis pertaining to this action are available for
threatened or endangered species. for rules subject to the requirements of public inspection during normal
On August 22, 2014, the USFWS 5 U.S.C. 553(b) that have a significant business hours at the Air Protection
indicated that the Antillean manatee impact on a substantial number of small Division, U.S. Environmental Protection
may be affected. This species is found entities. However, general NPDES Agency, Region III, 1650 Arch Street,
near shore waters around Puerto Rico permits are not ‘‘rules’’ subject to the Philadelphia, Pennsylvania 19103–
where stormwater may be discharged. In requirements of 5 U.S.C. 553(b) and are 2029. Copies of Virginia’s submittal are
addition, USFWS indicated they concur therefore not subject to the RFA. also available at the Virginia
with EPA’s determination. E. Unfunded Mandates Reform Act Department of Environmental Quality,
629 East Main Street, Richmond,
On August 28, 21014, NMFS had Section 201 of the Unfunded Virginia 23219.
questions regarding EPA’s proposed Mandates Reform Act (UMRA), Public FOR FURTHER INFORMATION CONTACT: Ray
2014 NPDES Small MS4 General Permit. Law 104–4, generally requires Federal
EPA ensured to provide a response to Chalmers, (215) 814–2061, or by email
agencies to assess the effects of their at chalmers.ray@epa.gov.
each of NMFS’s questions by October 1, ‘‘regulatory actions’’ (defined to be the
2014. A follow up conference call was SUPPLEMENTARY INFORMATION: On
same as ‘‘rules’’ subject to the RFA) on
held on October 7, 2014 to discuss the February 10, 2016, Virginia notified
Tribal, State, and local governments and
responses. On December 18, 2014, EPA EPA that Virginia had updated its
the private sector. However, general
held another conference call where the incorporation by reference of federal
NPDES permits are not ‘‘rules’’ subject
NMFS requested to see examples of EPA NESHAPs to include many such
to the requirements of 5 U.S.C. 553(b)
inspection reports performed to MS4s standards, as they were published in
and are therefore not subject to the RFA
and Municipal Stormwater Management final form in the Code of Federal
or the UMRA.
Program. EPA provided six (6) Regulations dated July 1, 2015. On April
Authority: This action is being taken 7, 2016, EPA sent Virginia a letter
documents of coastal municipalities on
under the Clean Water Act, 33 U.S.C. 1251 acknowledging that Virginia now has
December 19, 2014. EPA followed up et seq.
with a letter dated July 24, 2015 seeking the authority to implement and enforce
NMFS to concur on EPA’s Dated: May 18, 2016. the NESHAPs as specified by Virginia in
determination that stormwater José C. Font, its notice to EPA, as provided for under
discharges from MS4s and discharge Director, Caribbean Environmental Protection previously approved automatic
related activities are not likely to Division. delegation mechanisms. All
adversely affect any federal threatened [FR Doc. 2016–13913 Filed 6–10–16; 8:45 am] notifications, applications, reports and
or endangered listed species or BILLING CODE 6560–50–P other correspondence required pursuant
designated habitat. to the delegated NESHAPs must be
submitted to both the US EPA Region III
EPA’s decision to issue this general
ENVIRONMENTAL PROTECTION and to the Virginia Department of
permit is consistent with section 7(d)
AGENCY Environmental Quality, unless the
because it does not foreclose either the
delegated standard specifically provides
formulation by the NMFS, or the [FRL–9947–58–Region 3]
that such submittals may be sent to EPA
implementation by EPA, of any
Delegation of Authority to the or a delegated State. In such cases, the
alternatives that might be determined in
Commonwealth of Virginia To submittals should be sent only to the
the consultation to be needed to comply
Implement and Enforce Additional or Virginia Department of Environmental
with section 7(a)(2). If the completion of
Revised National Emission Standards Quality. A copy of EPA’s letter to
consultation results in new information
for Hazardous Air Pollutants Standards Virginia follows:
warranting modifications or conditions
to protect listed species or critical ‘‘Michael G. Dowd, Director
AGENCY: Environmental Protection Air Division
habitat, EPA will modify this permit Agency (EPA). Virginia Department of Environmental
under 40 CFR 122.62(a)(2) to
ACTION: Notice of delegation of Quality
incorporate those non-numerical 629 East Main Street
authority.
effluent limits or conditions.
srobinson on DSK5SPTVN1PROD with NOTICES
P.O. Box 1105
B. Executive Order 12866 SUMMARY: On April 7, 2016, the Richmond, Virginia 23218
Environmental Protection Agency (EPA) Dear Mr. Dowd:
EPA has determined that this general sent the Commonwealth of Virginia The United States Environmental
permit is not a ‘‘significant regulatory (Virginia) a letter acknowledging that Protection Agency (EPA) has previously
action’’ under the terms of Executive Virginia’s delegation of authority to delegated to the Commonwealth of
Order 12866 and is therefore not subject implement and enforce the National Virginia (Virginia) the authority to
to OMB review. Emissions Standards for Hazardous Air implement and enforce various federal
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![38178 Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Notices
National Emissions Standards for ‘‘[t]he Environmental Protection Agency Dated June 1, 2016.
Hazardous Air Pollutants (NESHAPs) National Emission Standards Nikos Singelis,
found at 40 CFR parts 61 and 63. In (NESHAPs) as promulgated in 40 CFR Acting Director, Air Protection Division,
those actions, EPA also delegated to part 61 and designated in 9VAC5–60–70 Region III.
Virginia the authority to implement and are, unless indicated otherwise, [FR Doc. 2016–13912 Filed 6–10–16; 8:45 am]
enforce any future EPA NESHAPs on incorporated by reference into the BILLING CODE 6560–50–P
the condition that Virginia legally adopt regulations of the board as amended by
the future standards, make only allowed the word or phrase substitutions given
wording changes, and provide specified in 9VAC5–60–80. The complete text of FEDERAL COMMUNICATIONS
notice to EPA. the subparts in 9VAC5–60–70 COMMISSION
In a letter dated February 10, 2016, incorporated herein by reference is
Virginia informed EPA that Virginia had contained in 40 CFR part 61. The 40 [OMB 3060–0599]
updated its incorporation by reference CFR section numbers appearing under
of federal NESHAPs to include many Information Collection Being Reviewed
each subpart in 9VAC5–60–70 identify
such standards, as they were published by the Federal Communications
the specific provisions of the subpart
in final form in the Code of Federal Commission
incorporated by reference. The specific
Regulations dated July 1, 2015. Virginia version of the provision adopted by AGENCY: Federal Communications
explained that its intent in updating its reference shall be that contained in the Commission.
incorporation by reference of the CFR 2015 in effect July 1, 2015.’’ ACTION: Notice and request for
NESHAPs was to retain the authority to In response to Virginia’s submittal, comments.
enforce all standards included in the EPA acknowledges that Virginia now
revisions, as per the provisions of EPA’s has the authority, as provided for under SUMMARY: As part of its continuing effort
previous delegation actions. Virginia the terms of EPA’s previous delegation to reduce paperwork burdens, and as
committed to enforcing the federal actions, to implement and enforce the required by the Paperwork Reduction
standards in conformance with the NESHAP standards which Virginia has Act (PRA) of 1995 (44 U.S.C. 3501–
terms of EPA’s previous delegations of adopted by reference in Virginia’s 3520), the Federal Communications
authority. Virginia made only allowed revised regulations 9 VAC 5–60–100 Commission (FCC or Commission)
wording changes. and 9 VAC 5–60–70, both effective on invites the general public and other
EPA notes that Virginia provided a February 10, 2016. Federal agencies to take this
copy of the State’s regulatory action that Please note that on December 19, opportunity to comment on the
states: ‘‘[t]he amendments update state 2008, in Sierra Club v. EPA,1 the United following information collections.
regulations that incorporate by reference States Court of Appeals for the District Comments are requested concerning:
certain U.S. Environmental Protection of Columbia Circuit vacated certain Whether the proposed collection of
Agency regulations to reflect the Code of provisions of the General Provisions of information is necessary for the proper
Federal Regulations as published on 40 CFR part 63 relating to exemptions performance of the functions of the
July 1, 2015. No new NESHAPs or for startup, shutdown, and malfunction Commission, including whether the
MACTs are being incorporated. The date information shall have practical utility;
(SSM). On October 16, 2009, the Court
of the Code of Federal Regulations book the accuracy of the Commission’s
issued a mandate vacating these SSM
being incorporated by reference is being burden estimate; ways to enhance the
exemption provisions, which are found
updated to the latest version.’’ Virginia’s quality, utility, and clarity of the
at 40 CFR 63.6(f)(1) and (h)(1).
regulatory action indicates that ‘‘[t]he information collected; ways to minimize
Accordingly, EPA no longer allows
revised regulations have an effective the burden of the collection of
sources the SSM exemption as provided
date of February 10, 2016.’’
for in the vacated provisions at 40 CFR information on the respondents,
EPA also notes that Virginia provides
63.6(f)(1) and (h)(1), even though EPA including the use of automated
in its regulatory action that ‘‘[t]he
Environmental Protection Agency has not yet formally removed these SSM collection techniques or other forms of
National Emission Standards for Source exemption provisions from the General information technology; and ways to
Categories (Maximum Achievable Provisions of 40 CFR part 63. Because further reduce the information
Control Technologies, or MACTs) as Virginia incorporated 40 CFR part 63 by collection burden on small business
promulgated in 40 CFR part 63 and reference, Virginia should also no longer concerns with fewer than 25 employees.
designated in 9VAC5–60–100 are, allow sources to use the former SSM The FCC may not conduct or sponsor a
unless indicated otherwise, exemption from the General Provisions collection of information unless it
incorporated by reference into the of 40 CFR part 63 due to the Court’s displays a currently valid OMB control
regulations of the board [State Air ruling in Sierra Club vs. EPA. number. No person shall be subject to
Pollution Control Board] as amended by EPA appreciates Virginia’s continuing any penalty for failing to comply with
the word or phrase substitutions given NESHAP enforcement efforts, and also a collection of information subject to the
in 9VAC5–60–110. The complete text of Virginia’s decision to take automatic PRA that does not display a valid OMB
the subparts in 9VAC5–60–100 delegation of more recent NESHAP by control number.
incorporated herein by reference is adopting them by reference. DATES: Written PRA comments should
contained in 40 CFR part 63. The 40 Sincerely, be submitted on or before August 12,
CFR section numbers appearing under Nikos Singelis, Acting Director 2016. If you anticipate that you will be
each subpart in 9VAC5–60–100 identify Air Protection Division’’ submitting comments, but find it
srobinson on DSK5SPTVN1PROD with NOTICES
the specific provisions of the subpart This notice acknowledges the update difficult to do so within the period of
incorporated by reference. The specific of Virginia’s delegation of authority to time allowed by this notice, you should
version of the provision adopted by implement and enforce NESHAP and advise the contact listed below as soon
reference shall be that contained in the NSPS. as possible.
CFR 2015 in effect July 1, 2015.’’ ADDRESSES: Direct all PRA comments to
EPA further notes that Virginia 1 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. Cathy Williams, FCC, via email to PRA@
provides in its regulatory action that 2008). fcc.gov and to Cathy.Williams@fcc.gov.
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Document Created: 2018-02-08 07:40:07
Document Modified: 2018-02-08 07:40:07
| 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 April 7, 2016, EPA sent Virginia a letter acknowledging that Virginia's delegation of authority to implement and enforce federal NESHAPs had been updated. | |
| Contact | Ray Chalmers, (215) 814-2061, or by email at [email protected] | |
| FR Citation | 81 FR 38177 |
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