82 FR 52667 - Notification of Partial Voluntary Withdrawal of Delegation of Authority; Connecticut; National Emission Standards for Hazardous Air Pollutants for Asbestos
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 218 (November 14, 2017)
Federal Register Volume 82, Issue 218 (November 14, 2017)
| Page Range | 52667-52669 | |
| FR Document | 2017-24638 |
[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)] [Rules and Regulations] [Pages 52667-52669] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24638] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 61 [EPA-R01-OAR-2017-0439; FRL-9970-60-Region 1] Notification of Partial Voluntary Withdrawal of Delegation of Authority; Connecticut; National Emission Standards for Hazardous Air Pollutants for Asbestos AGENCY: Environmental Protection Agency (EPA). ACTION: Notification of partial withdrawal of delegation of asbestos program. ----------------------------------------------------------------------- SUMMARY: This document notifies affected sources and other interested parties that the Connecticut Department of Energy and Environmental Protection (CT DEEP) has voluntarily and partially withdrawn from the delegation of authority to implement and enforce the federal asbestos program provisions at 40 CFR part 61, subpart M. The withdrawal action only applies to sources that are not subject to CT DEEP's title V operating permit program, or that are subject to the title V operating permit program but have not yet received a title V operating permit from CT DEEP. CT DEEP will continue to implement and enforce 40 CFR part 61, subpart M for all sources that have already obtained a title V operating permit, or that obtain such a permit after the effective date of this action. DATES: This delegation withdrawal is effective on December 14, 2017. ADDRESSES: The EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR- [[Page 52668]] 2017-0439. You can inspect copies of the delegation agreement and all correspondence regarding CT DEEP's voluntary and partial withdrawal from delegation of the asbestos program at our Region 1 office during normal business hours. All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Eric Wortman, Air Permits, Toxics and Indoor Programs Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square (OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1624, fax number (617) 918-0624, email [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever '' we,'' '' us,'' or '' our'' is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. Table of Contents I. Background and Purpose II. Where should affected sources send notifications required by the Asbestos NESHAP? III. Do I still need to comply with the State of Connecticut regulations? IV. EPA Action I. Background and Purpose EPA first promulgated standards to regulate asbestos emissions on April 6, 1973 (38 FR 8820). These standards have since been amended several times and are codified in 40 CFR part 61, subpart M, ``National Emission Standard for Hazardous Air Pollutants for Asbestos'' (Asbestos NESHAP). Prior to the 1990 Clean Air Act (CAA) Amendments, section 112(d) of the CAA allowed states to develop and submit to the Administrator a procedure for implementing and enforcing NESHAPs. The 1990 Amendments to the Act revised section 112 extensively, removed delegation provisions from 112(d)(1), and added section 112(l), which now provides the mechanism for delegating section 112 standards to state, local, and tribal agencies. Section 112(l) of the CAA authorizes the Administrator to delegate to each state, when appropriate, the authority to implement and enforce NESHAPs for stationary sources located in such state. The federal regulations governing EPA's delegation of authority for section 112 federal rules as promulgated without changes are located at 40 CFR part 63, subpart E. See 58 FR 62262 (November 26, 1993), as amended by 65 FR 55810 (September 14, 2000). Upon approval by EPA, the state agency is authorized to implement and enforce the federal rule. Under these regulations, a state air pollution control agency may voluntarily withdraw from an approved delegation using the procedures outlined in 40 CFR 63.96(b)(7). In general, delegations are implemented through agreements between the EPA regional offices and state or local air pollution control agencies. In a letter dated May 11, 1988, CT DEEP requested full delegation of the Asbestos NESHAP regulations. In a letter dated February 27, 1990, the EPA granted delegation of full administrative and enforcement authority for the Asbestos NESHAP to CT DEEP. On April 23, 1999, the EPA approved CT DEEP's mechanism for receiving delegation of Section 112 standards through the State's title V operating permit program. EPA also reconfirmed previously delegated standards for sources that obtained title V operating permits. See 64 FR 19922 (April 23, 1999). On February 7, 2017, pursuant to the provisions at 40 CFR 63.96(b)(7), CT DEEP notified EPA of its intent to voluntarily and partially withdraw from delegation of the Asbestos NESHAP. Subsequently, CT DEEP provided electronic notice to the public and affected sources of the partial delegation withdrawal on June 20, 2017. Notification was also published in the Hartford Courant on June 27, 2017, and CT DEEP accepted written comments through 5 p.m. on July 31, 2017. In the notification, CT DEEP affirmed it will continue to assure compliance with all applicable CAA Section 112 requirements under an issued title V operating permit. CT DEEP received three written comments from the public and regulated community during the public comment period. After reviewing the comments received, CT DEEP sent a letter to the EPA on August 18, 2017 indicating CT DEEP completed the public comment procedures required by Sec. 63.96(b)(7). The letter also requested that EPA proceed with a Federal Register notice concerning CT DEEP's voluntary, partial withdrawal of delegation for the Asbestos NESHAP. Copies of the correspondence letters between CT DEEP and the EPA regarding this action, the public notice issued by CT DEEP, and the public comments received by CT DEEP are included in the docket for this action. II. Where should affected sources send notifications required by the Asbestos NESHAP? Among other things, the Asbestos NESHAP at 40 CFR 61.145(b) requires all owners or operators of a demolition or renovation (demo/ reno) activity that is subject to the Asbestos NESHAP to notify the EPA Administrator in writing before certain renovation and/or demolition activities occur and within specified time frames. Since the State of Connecticut was fully delegated the Asbestos NESHAP pursuant to Section 112(d) of the CAA prior to the 1990 amendments, the EPA determined that the State of Connecticut's regulations governing demo/reno activities at the time of delegation were adequate for the purposes of effectively implementing and enforcing the Asbestos NESHAP. This included the requirement that the owners or operators of a demo/reno activity notify in writing the designated state agency in advance of commencing the demo/reno activity. Because the EPA viewed this as a duplicative notification effort in relation to the state and federal requirements, the EPA determined that, with certain exceptions, notification to the designated state agency satisfied the federal notification requirement. On October 2, 1997 (62 FR 51654), the EPA published a notification in the Federal Register outlining the notification procedures for sources subject to the Asbestos NESHAP. The notification no longer required the regulated community in Connecticut to provide written notice of demo/ reno activities to the EPA, with certain exceptions, as long as such notices were delivered to the designated state agency. As a result of CT DEEP's partial, voluntary withdrawal from delegation of the Asbestos NESHAP, owners or operators of a demo/reno activity subject to the rule must submit the required notifications to the EPA, unless the owner or operator has a title V operating permit from CT DEEP. This notification requirement to EPA [[Page 52669]] includes owners or operators of title V sources prior to receiving a title V operating permit from CT DEEP, as well as sources not subject to the title V operating permit program. Therefore, after December 14, 2017, such owners or operators of a demo/reno activity in Connecticut subject to the Asbestos NESHAP must submit Asbestos NESHAP notifications required under Section 61.145(b) to the following address: Asbestos Demo/Reno Notifications, U.S. EPA Region 1, 5 Post Office Square, Mail Code: OES05-4, Boston, MA 02109-3912. The EPA believes the effective date of this notification provides sufficient time for affected sources that are not subject to the title V operating permit program, or are subject to the program but have not obtained a title V operating permit, to notify the EPA of future demo/reno activity in accordance with the Asbestos NESHAP. As noted throughout this document, the requirement to notify the EPA does not apply to sources that have obtained a title V operating permit under CT DEEP's title V operating permit program, already, or that obtain a title V operating permit in the future. Any source that has received a title V operating permit from CT DEEP will continue to submit demo/reno notifications to the State of Connecticut. III. Do I still need to comply with the State of Connecticut regulations? Nothing in this notification or CT DEEP's voluntary, partial withdrawal changes any source's obligation to comply with state or local laws. All sources subject to such laws must still comply with the state and local regulations. The Connecticut Department of Public Health implements an asbestos program under the Regulations of Connecticut State Agencies. Sources that are subject to the Asbestos NESHAP must also comply with the Connecticut Department of Public Health's asbestos program regulations. This includes potentially duplicative notification requirements for owners or operators of demo/ reno activity subject to the Asbestos NESHAP, as well as the Connecticut Department of Public Health's asbestos program. Owners or operators of affected sources should continue to work with their state or local agencies to ensure any applicable requirements are being met. More information on the Connecticut Department of Public Heath asbestos program can be accessed online at www.ct.gov/dph/asbestos. IV. EPA Action Based on CT DEEP's voluntary and partial withdrawal relating to implementation and enforcement of the Asbestos NESHAP, the EPA is issuing this notification. As noted above, the CT DEEP will retain its delegation to implement and enforce the Asbestos NESHAP for sources that have obtained a title V operating permit from CT DEEP, or for sources that receive a title V operating permit in the future (once the permit is issued). CT DEEP will continue to assure compliance with all applicable CAA Section 112 requirements for all sources that have title V operating permits or obtain title V operating permits after the date of this action. The delegation withdrawal is effective on December 14, 2017. List of Subjects in 40 CFR Part 61 Environmental protection, Air pollution control, Asbestos, Hazardous substances, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of section 112 of the Clean Air Act, as amended, 42 U.S.C. 7412. Dated: October 25, 2017. Deborah A. Szaro, Acting Regional Administrator, EPA-New England. [FR Doc. 2017-24638 Filed 11-13-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations 52667
(d) EPA-approved State Source
specific requirements.
EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS
State Additional
EPA approval
Name of source Permit No. effective explanations/§ 52.1535
date 2
date citation
* * * * * * *
Sturm Ruger & Com- ARD–03–001 ................ 2/2/2017 11/14/17, [Insert Fed- VOC RACT Order.
pany. eral Register cita-
tion].
2 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
* * * * * Boulevard, Lenexa, Kansas 66219 at 15, 2017, is withdrawn effective
[FR Doc. 2017–24540 Filed 11–13–17; 8:45 am] 913–551–7039, or by email at November 14, 2017.
BILLING CODE 6560–50–P Hamilton.heather@epa.gov. [FR Doc. 2017–24635 Filed 11–13–17; 8:45 am]
SUPPLEMENTARY INFORMATION: Due to BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION adverse comments, EPA is withdrawing
AGENCY the direct final rule to approve revisions
ENVIRONMENTAL PROTECTION
to the Iowa State Implementation Plan
AGENCY
40 CFR Parts 52, 62, and 70 (SIP), the 111(d) plan, and the Operating
Permits Program. In the direct final rule 40 CFR Part 61
[EPA–R07–OAR–2017–0470; FRL–9970–85–
Region 7] published on September 15, 2017, (82
FR 43303), we stated that if we received [EPA–R01–OAR–2017–0439; FRL–9970–60–
Region 1]
State of Iowa; Approval and adverse comment by October 16, 2017,
Promulgation of the State the rule would be withdrawn and not Notification of Partial Voluntary
Implementation Plan, the Operating take effect. EPA received adverse Withdrawal of Delegation of Authority;
Permits Program, and the 111(d) Plan; comments. EPA will address the Connecticut; National Emission
Withdrawal comments in a subsequent final action Standards for Hazardous Air Pollutants
based upon the proposed action also for Asbestos
AGENCY: Environmental Protection published on September 15, 2017 (82 FR
Agency (EPA). 43315). EPA will not institute a second AGENCY: Environmental Protection
ACTION: Withdrawal of direct final rule. comment period on this action. Agency (EPA).
ACTION: Notification of partial
SUMMARY: Due to adverse comments, the List of Subjects withdrawal of delegation of asbestos
Environmental Protection Agency (EPA) program.
is withdrawing the direct final rule for 40 CFR Part 52
‘‘State of Iowa; Approval and Environmental protection, Air SUMMARY: This document notifies
Promulgation of the State pollution control, Incorporation by affected sources and other interested
Implementation Plan, the 111(d) Plan, parties that the Connecticut Department
reference, Intergovernmental relations,
and the Operating Permits Program,’’ of Energy and Environmental Protection
Lead, Nitrogen dioxide, Ozone,
published in the Federal Register on (CT DEEP) has voluntarily and partially
Particulate matter, Reporting and
September 15, 2017. Iowa’s SIP revision withdrawn from the delegation of
recordkeeping requirements, Sulfur
included administrative changes, authority to implement and enforce the
oxides, Volatile organic compounds.
corrections to technical errors, revisions federal asbestos program provisions at
to titles and explanations of the scope 40 CFR Part 62 40 CFR part 61, subpart M. The
of rules. The revision also rescinded withdrawal action only applies to
outdated or no longer required rules for Environmental protection, Air sources that are not subject to CT
general conformity and emissions pollution control, Administrative DEEP’s title V operating permit
inventory relating to the Clean Air practice and procedure, Reporting and program, or that are subject to the title
Interstate Rule (CAIR) which has been recordkeeping requirements. V operating permit program but have
rescinded by EPA. Finally, the revision 40 CFR Part 70 not yet received a title V operating
updated state rules by incorporating by permit from CT DEEP. CT DEEP will
reference more recent Code of Federal Environmental protection, continue to implement and enforce 40
Regulation dates to ensure consistency Administrative practice and procedure, CFR part 61, subpart M for all sources
between the state and Federally- Air pollution control, Intergovernmental that have already obtained a title V
approved rules. relations, Operating permits, Reporting operating permit, or that obtain such a
jstallworth on DSKBBY8HB2PROD with RULES
DATES: The direct final rule published at and recordkeeping requirements. permit after the effective date of this
82 FR 43303, September 15, 2017, is action.
Dated: November 3, 2017.
withdrawn effective November 14, 2017. James B. Gulliford, DATES: This delegation withdrawal is
FOR FURTHER INFORMATION CONTACT: effective on December 14, 2017.
Regional Administrator, Region 7.
Heather Hamilton Environmental ADDRESSES: The EPA has established a
Protection Agency, Air Planning and Accordingly, the direct final rule docket for this action under Docket
Development Branch, 11201 Renner published at 82 FR 43303, September Identification No. EPA–R01–OAR–
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![Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations 52669
includes owners or operators of title V implementation and enforcement of the available at http://www.regulations.gov
sources prior to receiving a title V Asbestos NESHAP, the EPA is issuing or at the Office of Pesticide Programs
operating permit from CT DEEP, as well this notification. As noted above, the CT Regulatory Public Docket (OPP Docket)
as sources not subject to the title V DEEP will retain its delegation to in the Environmental Protection Agency
operating permit program. Therefore, implement and enforce the Asbestos Docket Center (EPA/DC), West William
after December 14, 2017, such owners or NESHAP for sources that have obtained Jefferson Clinton Bldg., Rm. 3334, 1301
operators of a demo/reno activity in a title V operating permit from CT Constitution Ave. NW., Washington, DC
Connecticut subject to the Asbestos DEEP, or for sources that receive a title 20460–0001. The Public Reading Room
NESHAP must submit Asbestos V operating permit in the future (once is open from 8:30 a.m. to 4:30 p.m.,
NESHAP notifications required under the permit is issued). CT DEEP will Monday through Friday, excluding legal
Section 61.145(b) to the following continue to assure compliance with all holidays. The telephone number for the
address: Asbestos Demo/Reno applicable CAA Section 112 Public Reading Room is (202) 566–1744,
Notifications, U.S. EPA Region 1, 5 Post requirements for all sources that have and the telephone number for the OPP
Office Square, Mail Code: OES05–4, title V operating permits or obtain title Docket is (703) 305–5805. Please review
Boston, MA 02109–3912. The EPA V operating permits after the date of this the visitor instructions and additional
believes the effective date of this action. The delegation withdrawal is information about the docket available
notification provides sufficient time for effective on December 14, 2017. at http://www.epa.gov/dockets.
affected sources that are not subject to FOR FURTHER INFORMATION CONTACT:
the title V operating permit program, or List of Subjects in 40 CFR Part 61
Michael Goodis, Registration Division
are subject to the program but have not Environmental protection, Air (7505P), Office of Pesticide Programs,
obtained a title V operating permit, to pollution control, Asbestos, Hazardous Environmental Protection Agency, 1200
notify the EPA of future demo/reno substances, Reporting and Pennsylvania Ave. NW., Washington,
activity in accordance with the Asbestos recordkeeping requirements. DC 20460–0001; main telephone
NESHAP. As noted throughout this Authority: This action is issued under the number: (703) 305–7090; email address:
document, the requirement to notify the authority of section 112 of the Clean Air Act, RDFRNotices@epa.gov.
EPA does not apply to sources that have as amended, 42 U.S.C. 7412. SUPPLEMENTARY INFORMATION:
obtained a title V operating permit
Dated: October 25, 2017.
under CT DEEP’s title V operating I. General Information
permit program, already, or that obtain Deborah A. Szaro,
a title V operating permit in the future. Acting Regional Administrator, EPA-New A. Does this action apply to me?
Any source that has received a title V England. You may be potentially affected by
operating permit from CT DEEP will [FR Doc. 2017–24638 Filed 11–13–17; 8:45 am] this action if you are an agricultural
continue to submit demo/reno BILLING CODE 6560–50–P producer, food manufacturer, or
notifications to the State of Connecticut. pesticide manufacturer. The following
list of North American Industrial
III. Do I still need to comply with the ENVIRONMENTAL PROTECTION Classification System (NAICS) codes is
State of Connecticut regulations? AGENCY not intended to be exhaustive, but rather
Nothing in this notification or CT provides a guide to help readers
DEEP’s voluntary, partial withdrawal 40 CFR Part 180
determine whether this document
changes any source’s obligation to [EPA–HQ–OPP–2016–0448; FRL–9967–33] applies to them. Potentially affected
comply with state or local laws. All entities may include:
sources subject to such laws must still Benzovindiflupyr; Pesticide Tolerances • Crop production (NAICS code 111).
comply with the state and local
AGENCY: Environmental Protection • Animal production (NAICS code
regulations. The Connecticut 112).
Agency (EPA).
Department of Public Health • Food manufacturing (NAICS code
implements an asbestos program under ACTION: Final rule.
311).
the Regulations of Connecticut State SUMMARY: This regulation establishes • Pesticide manufacturing (NAICS
Agencies. Sources that are subject to the tolerances for residues of code 32532).
Asbestos NESHAP must also comply benzovindiflupyr in or on the bulb
with the Connecticut Department of B. How can I get electronic access to
onion subgroup 3–07A, the green onion other related information?
Public Health’s asbestos program subgroup 3–07B, and increases an
regulations. This includes potentially existing tolerance on sugarcane. You may access a frequently updated
duplicative notification requirements Interregional Research Project Number 4 electronic version of EPA’s tolerance
for owners or operators of demo/reno (IR–4) and Syngenta Crop Protection regulations at 40 CFR part 180 through
activity subject to the Asbestos requested these tolerances under the the Government Printing Office’s e-CFR
NESHAP, as well as the Connecticut Federal Food, Drug, and Cosmetic Act site at http://www.ecfr.gov/cgi-bin/text-
Department of Public Health’s asbestos (FFDCA). idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
program. Owners or operators of 40tab_02.tpl.
affected sources should continue to DATES: This regulation is effective
November 14, 2017. Objections and C. How can I file an objection or hearing
work with their state or local agencies request?
to ensure any applicable requirements requests for hearings must be received
are being met. More information on the on or before January 16, 2018, and must Under FFDCA section 408(g), 21
jstallworth on DSKBBY8HB2PROD with RULES
Connecticut Department of Public Heath be filed in accordance with the U.S.C. 346a, any person may file an
asbestos program can be accessed online instructions provided in 40 CFR part objection to any aspect of this regulation
at www.ct.gov/dph/asbestos. 178 (see also Unit I.C. of the and may also request a hearing on those
SUPPLEMENTARY INFORMATION). objections. You must file your objection
IV. EPA Action ADDRESSES: The docket for this action, or request a hearing on this regulation
Based on CT DEEP’s voluntary and identified by docket identification (ID) in accordance with the instructions
partial withdrawal relating to number EPA–HQ–OPP–2016–0448, is provided in 40 CFR part 178. To ensure
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Document Created: 2018-10-25 10:31:51
Document Modified: 2018-10-25 10:31:51
| 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 | Rules and Regulations | |
| Action | Notification of partial withdrawal of delegation of asbestos program. | |
| Dates | This delegation withdrawal is effective on December 14, 2017. | |
| Contact | Eric Wortman, Air Permits, Toxics and Indoor Programs Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square (OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1624, fax number (617) 918-0624, email [email protected] | |
| FR Citation | 82 FR 52667 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Asbestos; Hazardous Substances and Reporting and Recordkeeping Requirements |
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