82 FR 44410 - 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 82, Issue 183 (September 22, 2017)

Page Range		44410-44411
FR Document		2017-20322

On May 11, 2017, 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) and New Source Performance Standards (NSPS) 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.

Federal Register, Volume 82 Issue 183 (Friday, September 22, 2017)

[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44410-44411]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20322]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9967-87-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 May 11, 2017, 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) and 
New Source Performance Standards (NSPS) 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 May 11, 2017, 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

[[Page 44411]]

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: Emily Linn, (215) 814[dash]5273, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On February 27, 2017, 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, 2016. On May 11, 
2017, 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 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
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 New Source 
Performance Standards (NSPS), National Emission Standards for 
Hazardous Air Pollutants (NESHAP), and National Emission Standards 
for Hazardous Air Pollutants for Source Categories (MACT standards) 
which are found at 40 CFR parts 60, 61 and 63, respectively. In 
those actions, EPA also delegated to Virginia the authority to 
implement and enforce any future federal NSPS, NESHAP or MACT 
Standards 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 27, 2017, Virginia submitted to EPA 
revised versions of Virginia's regulations which incorporate by 
reference specified federal NSPS, NESHAP and MACT standards, as 
those federal standards had been published in final form in the Code 
of Federal Regulations dated July 1, 2016. Virginia committed to 
enforcing the federal standards in conformance with the terms of 
EPA's previous delegations of authority and made only allowed 
wording changes.
    Virginia stated that it had submitted the revisions ``to retain 
its authority to enforce the NSPSs and NESHAPs under the delegation 
of authority granted by EPA on August 27, 1981 (46 FR 43300) and to 
enforce the MACT standards under the delegation of authority granted 
by EPA on January 26, 1999 (64 FR 3938) and January 8, 2002 (67 FR 
825).''
    Virginia provided copies of its revised regulations which 
specify the NSPS, NESHAP and MACT Standards which it had adopted by 
reference. Virginia's 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 22, 2017.
    Virginia stated in its submittal letter that ``Virginia may not 
accept delegation of a standard based on an assessment of 
implementation and enforcement commitments. The following standard 
is affected at this time: Subpart OOOOa, Standards of Performance 
for Crude Oil and Natural Gas Facilities for which Construction, 
Modification, or Reconstruction Commenced after September 18, 2015. 
. . .''
    Virginia further explained regarding Subpart 0000a that 
``[a]uthority to enforce this standard is being retained by EPA and 
it is not incorporated by reference into the Virginia regulations 
for any source that is not (i) a major source as defined in 9VAC5-
80-60 and subject to Article 1, Federal Operating Permits for 
Stationary Sources, or (ii) an affected source as defined in 9VAC5-
80-370 and subject to Article 3, Federal Operating Permits for Acid 
Rain Sources, of Part II of 9VAC5-80 (Permits for Stationary 
Sources).''
    In the regulations that it submitted Virginia also indicates 
various other EPA standards that the State had previously chosen not 
to adopt by reference or had chosen to adopt by reference only for 
certain specified sizes, etc. of sources.
    Based on Virginia's submittal, EPA acknowledges that EPA's 
delegations to Virginia of the authority implement and enforce EPA's 
NSPS, NESHAP, and MACT Standards have been updated, as provided for 
under the terms of EPA's previous delegation of authority actions, 
to allow the Virginia to implement and enforce the federal NSPS, 
NESHAP, and MACT standards which Virginia has adopted by reference 
as specified in Virginia's revised regulations 9 VAC 5-50 and 9 VAC 
5-60, both effective on February 22, 2017.
    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 NSPS, NESHAP, and MACT 
standards enforcement efforts, and also Virginia's decision to take 
automatic delegation of additional or updated NSPS, NESHAP and MACT 
standards by adopting them by reference.

Sincerely,

Cristina Fernandez,
Director Air Protection Division.

    This notice acknowledges the update of Virginia's delegation of 
authority to implement and enforce NESHAP and NSPS.

    Dated: September 6, 2017.
Cristina Fernandez,
Director, Air Protection Division, Region III.
[FR Doc. 2017-20322 Filed 9-21-17; 8:45 am]
 BILLING CODE 6560-50-P

44410 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices

Project, Comment Period Ends: 10/30/ will use to implement the electronic made on behalf of an organization or
2017, Contact: Anne Davy 406–273– reporting. Additionally, § 3.1000(b) other entity, the signature of a
1836. Revision to FR Notice Published through (e) of 40 CFR part 3, subpart D responsible official of the organization
09/15/2017; Correcting Lead Agency provides special procedures for program or other entity.
from AFS to USFS. revisions and modifications to allow In the event a hearing is requested
Dated: September 19, 2017. electronic reporting, to be used at the and granted, EPA will provide notice of
Kelly Knight,
option of the state, tribe or local the hearing in the Federal Register not
government in place of procedures less than 15 days prior to the scheduled
Director, NEPA Compliance Division, Office
of Federal Activities.
available under existing program- hearing date. Frivolous or insubstantial
specific authorization regulations. An requests for hearing may be denied by
[FR Doc. 2017–20282 Filed 9–21–17; 8:45 am]
application submitted under the subpart EPA. Following such a public hearing,
BILLING CODE 6560–50–P
D procedures must show that the state, EPA will review the record of the
tribe or local government has sufficient hearing and issue an order either
legal authority to implement the affirming today’s determination or
ENVIRONMENTAL PROTECTION
electronic reporting components of the rescinding such determination. If no
AGENCY
programs covered by the application timely request for a hearing is received
[9966–15–OEI] and will use electronic document and granted, EPA’s approval of the State
receiving systems that meet the of Arizona’s request to revise its part
Cross-Media Electronic Reporting: applicable subpart D requirements. 142—National Primary Drinking Water
Authorized Program Revision On July 26, 2017, the Arizona Regulations Implementation program to
Approval, State of Arizona Department of Environmental Quality allow electronic reporting will become
AGENCY: Environmental Protection (ADEQ) submitted an application titled effective 30 days after today’s notice is
Agency (EPA). ‘‘Compliance Monitoring Data Portal’’ published, pursuant to CROMERR
for revision to its EPA-approved section 3.1000(f)(4).
ACTION: Notice.
drinking water program under title 40
CFR to allow new electronic reporting. Matthew Leopard,
SUMMARY: This notice announces EPA’s
approval of the State of Arizona’s EPA reviewed ADEQ’s request to revise Director, Office of Information Management.
request to revise its National Primary its EPA-authorized program and, based [FR Doc. 2017–20275 Filed 9–21–17; 8:45 am]
Drinking Water Regulations on this review, EPA determined that the BILLING CODE 6560–50–P
Implementation EPA-authorized application met the standards for
program to allow electronic reporting. approval of authorized program revision
set out in 40 CFR part 3, subpart D. In ENVIRONMENTAL PROTECTION
DATES: EPA approves the authorized
accordance with 40 CFR 3.1000(d), this AGENCY
program revision for the State of
Arizona’s National Primary Drinking notice of EPA’s decision to approve [FRL–9967–87–Region 3]
Water Regulations Implementation Arizona’s request to revise its Part 142—
program as of October 23, 2017, if no National Primary Drinking Water Delegation of Authority to the
timely request for a public hearing is Regulations Implementation program to Commonwealth of Virginia To
received and accepted by the Agency. allow electronic reporting under 40 CFR Implement and Enforce Additional or
part 141 is being published in the Revised National Emission Standards
FOR FURTHER INFORMATION CONTACT:
Federal Register. for Hazardous Air Pollutants Standards
Karen Seeh, U.S. Environmental ADEQ was notified of EPA’s
Protection Agency, Office of determination to approve its application AGENCY: Environmental Protection
Environmental Information, Mail Stop with respect to the authorized program Agency (EPA).
2823T, 1200 Pennsylvania Avenue NW., listed above. ACTION: Notice of delegation of
Washington, DC 20460, (202) 566–1175, Also, in today’s notice, EPA is authority.
seeh.karen@epa.gov. informing interested persons that they
SUPPLEMENTARY INFORMATION: On SUMMARY: On May 11, 2017, the
may request a public hearing on EPA’s
October 13, 2005, the final Cross-Media Environmental Protection Agency (EPA)
action to approve the State of Arizona’s
Electronic Reporting Rule (CROMERR) sent the Commonwealth of Virginia
request to revise its authorized public
was published in the Federal Register (Virginia) a letter acknowledging that
water system program under 40 CFR
(70 FR 59848) and codified as part 3 of Virginia’s delegation of authority to
part 142, in accordance with 40 CFR
title 40 of the CFR. CROMERR implement and enforce the National
3.1000(f). Requests for a hearing must be
establishes electronic reporting as an Emissions Standards for Hazardous Air
submitted to EPA within 30 days of
acceptable regulatory alternative to Pollutants (NESHAPs) and New Source
publication of today’s Federal Register
paper reporting and establishes Performance Standards (NSPS) had been
notice. Such requests should include
requirements to assure that electronic updated, as provided for under
the following information:
documents are as legally dependable as (1) The name, address and telephone previously approved delegation
their paper counterparts. Subpart D of number of the individual, organization mechanisms. To inform regulated
CROMERR requires that state, tribal or or other entity requesting a hearing; facilities and the public, EPA is making
local government agencies that receive, (2) A brief statement of the requesting available a copy of EPA’s letter to
or wish to begin receiving, electronic person’s interest in EPA’s Virginia through this notice.
reports under their EPA-authorized determination, a brief explanation as to DATES: On May 11, 2017, EPA sent
programs must apply to EPA for a why EPA should hold a hearing, and Virginia a letter acknowledging that
revision or modification of those any other information that the Virginia’s delegation of authority to
programs and obtain EPA approval. requesting person wants EPA to implement and enforce federal
Subpart D provides standards for such consider when determining whether to NESHAPs had been updated.
approvals based on consideration of the grant the request; ADDRESSES: Copies of documents
electronic document receiving systems (3) The signature of the individual pertaining to this action are available for
that the state, tribe, or local government making the request, or, if the request is public inspection during normal

VerDate Sep<11>2014 18:11 Sep 21, 2017 Jkt 241001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\22SEN1.SGM 22SEN1

Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices 44411

business hours at the Air Protection standards had been published in final form malfunction (SSM). On October 16, 2009, the
Division, U.S. Environmental Protection in the Code of Federal Regulations dated July Court issued a mandate vacating these SSM
Agency, Region III, 1650 Arch Street, 1, 2016. Virginia committed to enforcing the exemption provisions, which are found at 40
federal standards in conformance with the CFR 63.6(f)(1) and (h)(1).
Philadelphia, Pennsylvania 19103–
terms of EPA’s previous delegations of Accordingly, EPA no longer allows sources
2029. Copies of Virginia’s submittal are authority and made only allowed wording the SSM exemption as provided for in the
also available at the Virginia changes. vacated provisions at 40 CFR 63.6(f)(1) and
Department of Environmental Quality, Virginia stated that it had submitted the (h)(1), even though EPA has not yet formally
629 East Main Street, Richmond, revisions ‘‘to retain its authority to enforce removed these SSM exemption provisions
Virginia 23219. the NSPSs and NESHAPs under the from the General Provisions of 40 CFR part
FOR FURTHER INFORMATION CONTACT: delegation of authority granted by EPA on 63. Because Virginia incorporated 40 CFR
August 27, 1981 (46 FR 43300) and to enforce part 63 by reference, Virginia should also no
Emily Linn, (215) 814-5273, or by email
the MACT standards under the delegation of longer allow sources to use the former SSM
at linn.emily@epa.gov. authority granted by EPA on January 26, 1999 exemption from the General Provisions of 40
SUPPLEMENTARY INFORMATION: On (64 FR 3938) and January 8, 2002 (67 FR CFR part 63 due to the Court’s ruling in
February 27, 2017, Virginia notified 825).’’ Sierra Club vs. EPA.
EPA that Virginia had updated its Virginia provided copies of its revised EPA appreciates Virginia’s continuing
incorporation by reference of federal regulations which specify the NSPS, NSPS, NESHAP, and MACT standards
NESHAPs to include many such NESHAP and MACT Standards which it had enforcement efforts, and also Virginia’s
adopted by reference. Virginia’s revised decision to take automatic delegation of
standards, as they were published in regulations are entitled 9 VAC 5–50 ‘‘New
final form in the Code of Federal additional or updated NSPS, NESHAP and
and Modified Stationary Sources,’’ and 9 MACT standards by adopting them by
Regulations dated July 1, 2016. On May VAC 5–60 ‘‘Hazardous Air Pollutant reference.
11, 2017, EPA sent Virginia a letter Sources.’’ These revised regulations have an
Sincerely,
acknowledging that Virginia now has effective date of February 22, 2017.
the authority to implement and enforce Virginia stated in its submittal letter that Cristina Fernandez,
‘‘Virginia may not accept delegation of a Director Air Protection Division.
the NESHAPs as specified by Virginia in
its notice to EPA, as provided for under standard based on an assessment of This notice acknowledges the update
implementation and enforcement of Virginia’s delegation of authority to
previously approved automatic
commitments. The following standard is implement and enforce NESHAP and
delegation mechanisms. All affected at this time: Subpart OOOOa,
notifications, applications, reports, and Standards of Performance for Crude Oil and
NSPS.
other correspondence required pursuant Natural Gas Facilities for which Dated: September 6, 2017.
to the delegated NESHAPs must be Construction, Modification, or Cristina Fernandez,
submitted to both the EPA, Region III Reconstruction Commenced after September Director, Air Protection Division, Region III.
and to the Virginia Department of 18, 2015. . . .’’
Virginia further explained regarding [FR Doc. 2017–20322 Filed 9–21–17; 8:45 am]
Environmental Quality, unless the
delegated standard specifically provides Subpart 0000a that ‘‘[a]uthority to enforce BILLING CODE 6560–50–P
this standard is being retained by EPA and
that such submittals may be sent to EPA
it is not incorporated by reference into the
or a delegated State. In such cases, the Virginia regulations for any source that is not
submittals should be sent only to the FEDERAL RESERVE SYSTEM
(i) a major source as defined in 9VAC5–80–
Virginia Department of Environmental 60 and subject to Article 1, Federal Operating Formations of, Acquisitions by, and
Quality. A copy of EPA’s letter to Permits for Stationary Sources, or (ii) an Mergers of Bank Holding Companies
Virginia follows: affected source as defined in 9VAC5–80–370
Michael G. Dowd, Director and subject to Article 3, Federal Operating The companies listed in this notice
Air Division Permits for Acid Rain Sources, of Part II of have applied to the Board for approval,
Virginia Department of Environmental 9VAC5–80 (Permits for Stationary Sources).’’ pursuant to the Bank Holding Company
Quality In the regulations that it submitted Virginia
Act of 1956 (12 U.S.C. 1841 et seq.)
P.O. Box 1105 also indicates various other EPA standards
that the State had previously chosen not to (BHC Act), Regulation Y (12 CFR part
Richmond, Virginia 23218 225), and all other applicable statutes
adopt by reference or had chosen to adopt by
Dear Mr. Dowd: and regulations to become a bank
reference only for certain specified sizes, etc.
The United States Environmental holding company and/or to acquire the
of sources.
Protection Agency (EPA) has previously
delegated to the Commonwealth of Virginia
Based on Virginia’s submittal, EPA assets or the ownership of, control of, or
(Virginia) the authority to implement and acknowledges that EPA’s delegations to the power to vote shares of a bank or
enforce various federal New Source Virginia of the authority implement and bank holding company and all of the
Performance Standards (NSPS), National enforce EPA’s NSPS, NESHAP, and MACT banks and nonbanking companies
Emission Standards for Hazardous Air Standards have been updated, as provided
owned by the bank holding company,
Pollutants (NESHAP), and National Emission for under the terms of EPA’s previous
delegation of authority actions, to allow the including the companies listed below.
Standards for Hazardous Air Pollutants for The applications listed below, as well
Source Categories (MACT standards) which Virginia to implement and enforce the federal
NSPS, NESHAP, and MACT standards which as other related filings required by the
are found at 40 CFR parts 60, 61 and 63,
respectively. In those actions, EPA also Virginia has adopted by reference as Board, are available for immediate
delegated to Virginia the authority to specified in Virginia’s revised regulations 9 inspection at the Federal Reserve Bank
implement and enforce any future federal VAC 5–50 and 9 VAC 5–60, both effective on indicated. The applications will also be
NSPS, NESHAP or MACT Standards on the February 22, 2017. available for inspection at the offices of
condition that Virginia legally adopt the Please note that on December 19, 2008, in the Board of Governors. Interested
future standards, make only allowed wording Sierra Club v. EPA,1 the United States Court persons may express their views in
changes, and provide specified notice to of Appeals for the District of Columbia
writing on the standards enumerated in
EPA. Circuit vacated certain provisions of the
In a letter dated February 27, 2017, General Provisions of 40 CFR part 63 relating the BHC Act (12 U.S.C. 1842(c)). If the
Virginia submitted to EPA revised versions of to exemptions for startup, shutdown, and proposal also involves the acquisition of
Virginia’s regulations which incorporate by a nonbanking company, the review also
reference specified federal NSPS, NESHAP 1 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. includes whether the acquisition of the
and MACT standards, as those federal 2008). nonbanking company complies with the

VerDate Sep<11>2014 18:11 Sep 21, 2017 Jkt 241001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\22SEN1.SGM 22SEN1

Document Created: 2017-09-22 01:52:17
Document Modified: 2017-09-22 01:52:17

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 11, 2017, EPA sent Virginia a letter acknowledging that Virginia's delegation of authority to implement and enforce federal NESHAPs had been updated.
Contact		Emily Linn, (215) 814[dash]5273, or by email at [email protected]
FR Citation		82 FR 44410