83 FR 55886 - Delegation of Authority to the Commonwealth of Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants Standards and New Source Performance Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 217 (November 8, 2018)

Page Range		55886-55886
FR Document		2018-24483

On September 25, 2018, 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 83 Issue 217 (Thursday, November 8, 2018)

[Federal Register Volume 83, Number 217 (Thursday, November 8, 2018)]
[Notices]
[Page 55886]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24483]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9986-25-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 and New Source Performance 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: On September 25, 2018, 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 September 25, 2018, 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, 1111 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Riley Burger, (215) 814-2217, or by 
email at burger.riley@epa.gov.

SUPPLEMENTARY INFORMATION: On February 22, 2018, 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, 2017. On 
September 25, 2018, 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 22, 2018, 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 21, 2018.
    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 21, 2018.
    Please note that on December 19, 2008, in Sierra Club v. EPA,\1\ 
the United States Court of Appeals for the District of Columbia 
Circuit vacated certain provisions of the General Provisions of 40 
CFR part 63 relating to exemptions for startup, shutdown, and 
malfunction (SSM). On October 16, 2009, the Court issued a mandate 
vacating these SSM exemption provisions, which are found at 40 CFR 
63.6(f)(1) and (h)(1).
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    \1\ Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008).
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    Accordingly, EPA no longer allows sources the SSM exemption as 
provided for in the vacated provisions at 40 CFR 63.6(f)(1) and 
(h)(1), even though EPA has not yet formally removed these SSM 
exemption provisions from the General Provisions of 40 CFR part 63. 
Because Virginia incorporated 40 CFR part 63 by reference, Virginia 
should also no longer allow sources to use the former SSM exemption 
from the General Provisions of 40 CFR part 63 due to the Court's 
ruling in Sierra Club v. 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.

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

    Dated: October 31, 2018.
Cristina Fernandez,
Director, Air Protection Division, Region III.
[FR Doc. 2018-24483 Filed 11-7-18; 8:45 am]
 BILLING CODE 6560-50-P

55886 Federal Register / Vol. 83, No. 217 / Thursday, November 8, 2018 / Notices

Dated: November 2, 2018. September 25, 2018, EPA sent Virginia Based on Virginia’s submittal, EPA
Kimberly D. Bose, a letter acknowledging that Virginia acknowledges that EPA’s delegations to
now has the authority to implement and Virginia of the authority implement and
Secretary.
enforce EPA’s NSPS, NESHAP, and MACT
[FR Doc. 2018–24449 Filed 11–7–18; 8:45 am] enforce the NESHAPs as specified by Standards have been updated, as provided
BILLING CODE 6717–01–P
Virginia in its notice to EPA, as for under the terms of EPA’s previous
provided for under previously approved delegation of authority actions, to allow the
automatic delegation mechanisms. All Virginia to implement and enforce the federal
notifications, applications, reports, and NSPS, NESHAP and MACT standards which
ENVIRONMENTAL PROTECTION Virginia has adopted by reference as
other correspondence required pursuant
AGENCY specified in Virginia’s revised regulations 9
to the delegated NESHAPs must be
VAC 5–50 and 9 VAC 5–60, both effective on
[FRL–9986–25–Region 3] submitted to both the EPA, Region III
February 21, 2018.
and to the Virginia Department of Please note that on December 19, 2008, in
Delegation of Authority to the Environmental Quality, unless the Sierra Club v. EPA,1 the United States Court
Commonwealth of Virginia To delegated standard specifically provides of Appeals for the District of Columbia
Implement and Enforce Additional or that such submittals may be sent to EPA Circuit vacated certain provisions of the
Revised National Emission Standards or a delegated State. In such cases, the General Provisions of 40 CFR part 63 relating
for Hazardous Air Pollutants Standards submittals should be sent only to the to exemptions for startup, shutdown, and
and New Source Performance Virginia Department of Environmental malfunction (SSM). On October 16, 2009, the
Standards Quality. A copy of EPA’s letter to Court issued a mandate vacating these SSM
exemption provisions, which are found at 40
Virginia follows: CFR 63.6(f)(1) and (h)(1).
AGENCY: Environmental Protection
Agency (EPA). Michael G. Dowd, Director, Air Division, Accordingly, EPA no longer allows sources
Virginia Department of Environmental the SSM exemption as provided for in the
ACTION: Notice of delegation of
Quality, P.O. Box 1105, Richmond, vacated provisions at 40 CFR 63.6(f)(1) and
authority. Virginia 23218 (h)(1), even though EPA has not yet formally
Dear Mr. Dowd: The United States removed these SSM exemption provisions
SUMMARY: On September 25, 2018, the from the General Provisions of 40 CFR part
Environmental Protection Agency (EPA) has
Environmental Protection Agency (EPA) previously delegated to the Commonwealth 63. Because Virginia incorporated 40 CFR
sent the Commonwealth of Virginia of Virginia (Virginia) the authority to part 63 by reference, Virginia should also no
(Virginia) a letter acknowledging that implement and enforce various federal New longer allow sources to use the former SSM
Virginia’s delegation of authority to Source Performance Standards (NSPS), exemption from the General Provisions of 40
implement and enforce the National National Emission Standards for Hazardous CFR part 63 due to the Court’s ruling in
Emissions Standards for Hazardous Air Air Pollutants (NESHAP), and National Sierra Club v. EPA.
Emission Standards for Hazardous Air EPA appreciates Virginia’s continuing
Pollutants (NESHAPs) and New Source NSPS, NESHAP and MACT standards
Performance Standards (NSPS) had been Pollutants for Source Categories (MACT
standards) which are found at 40 CFR parts enforcement efforts, and also Virginia’s
updated, as provided for under decision to take automatic delegation of
60, 61 and 63, respectively. In those actions,
previously approved delegation EPA also delegated to Virginia the authority additional or updated NSPS, NESHAP and
mechanisms. To inform regulated to implement and enforce any future federal MACT standards by adopting them by
facilities and the public, EPA is making NSPS, NESHAP or MACT Standards on the reference.
available a copy of EPA’s letter to condition that Virginia legally adopt the This notice acknowledges the update
Virginia through this notice. future standards, make only allowed wording of Virginia’s delegation of authority to
DATES: On September 25, 2018, EPA changes, and provide specified notice to implement and enforce NESHAP, NSPS,
EPA.
sent Virginia a letter acknowledging that and MACT.
In a letter dated February 22, 2018,
Virginia’s delegation of authority to Virginia submitted to EPA revised versions of Dated: October 31, 2018.
implement and enforce Federal Virginia’s regulations which incorporate by Cristina Fernandez,
NESHAPs had been updated. reference specified federal NSPS, NESHAP Director, Air Protection Division, Region III.
ADDRESSES: Copies of documents and MACT standards, as those federal
[FR Doc. 2018–24483 Filed 11–7–18; 8:45 am]
pertaining to this action are available for standards had been published in final form
in the Code of Federal Regulations dated July BILLING CODE 6560–50–P
public inspection during normal
1, 2016. Virginia committed to enforcing the
business hours at the Air Protection
federal standards in conformance with the
Division, U.S. Environmental Protection terms of EPA’s previous delegations of
Agency, Region III, 1650 Arch Street, DEPARTMENT OF HEALTH AND
authority and made only allowed wording HUMAN SERVICES
Philadelphia, Pennsylvania 19103– changes.
2029. Copies of Virginia’s submittal are Virginia stated that it had submitted the Centers for Disease Control and
also available at the Virginia revisions ‘‘to retain its authority to enforce Prevention
Department of Environmental Quality, the NSPSs and NESHAPs under the
1111 East Main Street, Richmond, delegation of authority granted by EPA on Healthcare Infection Control Practices
Virginia 23219. August 27, 1981 (46 FR 43300) and to enforce
Advisory Committee (HICPAC);
the MACT standards under the delegation of
FOR FURTHER INFORMATION CONTACT: authority granted by EPA on January 26, 1999 Correction
Riley Burger, (215) 814–2217, or by (64 FR 3938) and January 8, 2002 (67 FR Notice is hereby given of a change in
email at burger.riley@epa.gov. 825).’’ the meeting of the Healthcare Infection
SUPPLEMENTARY INFORMATION: On Virginia provided copies of its revised
Control Practices Advisory Committee
daltland on DSKBBV9HB2PROD with NOTICES

February 22, 2018, Virginia notified regulations which specify the NSPS,
NESHAP and MACT Standards which it had (HICPAC); November 15, 2018, 9 a.m. to
EPA that Virginia had updated its 5 p.m., EST, and November 16, 2018, 9
adopted by reference. Virginia’s revised
incorporation by reference of Federal regulations are entitled 9 VAC 5–50 ‘‘New a.m. to 12 p.m., EST which was
NESHAPs to include many such and Modified Stationary Sources,’’ and 9 published in the Federal Register on
standards, as they were published in VAC 5–60 ‘‘Hazardous Air Pollutant
final form in the Code of Federal Sources.’’ These revised regulations have an 1 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir.

Regulations dated July 1, 2017. On effective date of February 21, 2018. 2008).

VerDate Sep<11>2014 16:51 Nov 07, 2018 Jkt 247001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\08NON1.SGM 08NON1

Document Created: 2018-11-08 06:23:37
Document Modified: 2018-11-08 06:23:37

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 September 25, 2018, EPA sent Virginia a letter acknowledging that Virginia's delegation of authority to implement and enforce Federal NESHAPs had been updated.
Contact		Riley Burger, (215) 814-2217, or by email at [email protected]
FR Citation		83 FR 55886