[Federal Register Volume 64, Number 16 (Tuesday, January 26, 1999)]
[Notices]
[Pages 3938-3940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1759]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6224-1]


Delegation of Authority of National Emission Standards for 
Hazardous Air Pollutants (NESHAPS) for Source Categories; Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Informational notice.

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SUMMARY: The purpose of this notice is to announce that on April 20, 
1998, EPA granted the Commonwealth of Virginia's request for partial 
delegation of the National Emission Standards for Hazardous Air 
Pollutants (NESHAPs), and associated infrastructure programs. 
Virginia's request for partial delegation of authority only pertains to 
affected sources of hazardous air pollutants (HAPs) for all source 
categories which are located at major sources. EPA granted the 
delegation with certain restrictions. The restrictions involve EPA's 
retainment of certain authorities including: implementation and 
enforcement of standards that control radionuclides or that apply to an 
area source which is not located at a major source, implementation and 
enforcement of an accidental release program, approvals of alternative 
means of limiting emissions, alternative control technologies, 
alternative test methods, alternative monitoring methods, and the 
authority to make certain applicability determinations. In addition, 
certain provisions will be delegated only on a case-by-case basis and 
require notification by the Virginia Department of Environmental 
Quality (VADEQ) to EPA. These provisions include: approvals of 
compliance extensions, site-specific test plans, performance evaluation 
plans; approvals of minor alternatives to test methods, monitoring, and 
shorter sampling times/volumes; and waivers of performance testing. On 
July 10, 1998, final guidance was issued in a Memorandum from the 
Office of Air Quality Planning and Standards (OAQPS) to the Regions 
regarding delegation of authorities to state and local air pollution 
control agencies. This memorandum identified authorities which may not 
be delegated to states, and included the waiver of recordkeeping. This 
authority, which was delegated to Virginia as part of the April 20, 
1998 delegation of authority, was subsequently revoked in the EPA 
letter of November 19, 1998 to VADEQ.

EFFECTIVE DATES: The effective date of the delegation authority is 
April 20, 1998.

ADDRESSES: Copies of EPA's letter of delegation are available for 
public inspection at EPA's Region III Office, 1650 Arch Street, 
Philadelphia, PA 19103 and the VADEQ regional offices and satellite 
offices during normal business hours. The addresses of these offices 
are provided below. Effective immediately, all notifications, requests, 
applications, reports and other correspondence required pursuant to 40 
CFR part 63 for major sources, as defined in 40 CFR Part 70, to be sent 
to the Administrator should be submitted to the EPA Region III office 
and, with respect to sources located in listed counties and cities, to 
the VADEQ Air Permit Manager at the following addresses:
    Southwest Regional Office--Department of Environmental Quality, 355 
Deadmore St., P.O. Box 1688, Abingdon, Virginia 24212-1688, Tel. (540) 
676-4800. Includes counties of Bland, Buchanan, Carroll, Dickenson, 
Grayson, Lee, Russell, Scott, Smyth, Tazewell, Washington, Wise, Wythe 
and the cities of Bristol, Galax, and Norton.
    West Central Regional Office--Department of Environmental Quality, 
3019 Peters Creek Road, Roanoke, Virginia 24019, Tel. (540) 562-6700. 
Includes the counties of Allegheny, Botetourt, Craig, Floyd, Franklin, 
Giles, Montgomery, Patrick, Pulaski, Roanoke and the cities of Clifton 
Forge, Covington, Radford, Roanoke, and Salem.
    Lynchburg Satellite Office--Department of Environmental Quality, 
7705 Timberlake Road, Lynchburg, Virginia 24502, Tel. (804) 582-5120. 
Includes the counties of Amelia, Amherst, Appomatox, Bedford, 
Brunswick, Buckingham, Campbell, Charlotte, Cumberland, Halifax, Henry, 
Lunenburg, Mecklenburg, Nottoway, Pittsylvania, and Prince Edward and 
the cities of Bedford, Danville, Lynchburg, Martinsville, and South 
Boston.
    Valley Regional Office--Department of Environmental Quality, 4411 
Early Road, P.O. Box 1129, Harrisonburg, Virginia 22801, Tel. (540) 
574-7800. Includes the counties of Augusta, Bath, Clarke, Frederick, 
Highland, Page, Rockbridge, Rockingham, Shenandoah, and Warren, and the 
cities of Buena Vista, Harrisonburg, Lexington, Staunton, Waynesboro, 
and Winchester.
    Fredericksburg Satellite Office--Department of Environmental 
Quality, 300 Central Road, Suite B, Fredericksburg, Virginia 22401, 
Tel. (540) 899-4600. Includes the counties of Albemarle, Caroline, 
Culpeper, Essex, Fauquier, Fluvanna, Gloucester, Greene, King and 
Queen, King George, King William, Lancaster, Louisa, Madison, Mathews, 
Middlesex, Nelson, Northumberland, Orange, Rappahannock, Richmond, 
Spotsylvania, Stafford, and Westmoreland, and the cities of 
Charlottesville, and Fredericksburg.
    Northern Regional Office--Department of Environmental Quality, 
13901 Crown Court, Woodbridge, Virginia 22193, Tel. (703) 583-3800. 
Includes the counties of Arlington, Fairfax, Loudoun and Prince 
William, and the cities of Alexandria, Fairfax, Falls Church, Manassas, 
and Manassas Park.
    Piedmont Regional Office--Department of Environmental Quality, 
4949-A Cox Road, Glen Allen, Virginia 23060-6295, Tel. (804) 527-5020.

[[Page 3939]]

Includes the counties of Charles City, Chesterfield, Dinwiddie, 
Goochland, Greensville, Hanover, Henrico, New Kent, Powhatan, Prince 
George, Surry, and Sussex and the cities of Colonial Heights, Emporia, 
Hopewell, Petersburg, and Richmond.
    Tidewater Regional Office--Department of Environmental Quality, 
5636 Southern Boulevard, Virginia Beach, Virginia 23462, Tel. (757) 
518-2000. Includes the counties of Accomac, Isle of Wight, James City, 
Northampton, Southampton, and York and the cities of Chesapeake, 
Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, 
Suffolk, Virginia Beach, and Williamsburg.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, Permits and Technical 
Assessment Section (3AP11), Air Protection Division, EPA Region III, 
1650 Arch Street, Philadelphia, PA 19103, Telephone: 215-814-2308.

SUPPLEMENTARY INFORMATION: Section 112(l) of the Clean Air Act, as 
amended November 15, 1990, and 40 CFR part 63, subpart E, authorizes 
EPA to delegate authority to any state agency which submits adequate 
regulatory procedures for implementation and enforcement of emission 
standards of hazardous air pollutants.
    Virginia initiated the request for delegation of 40 CFR Part 63 in 
its initial letter, dated November 12, 1993, from the Virginia 
Department of Environmental Quality (VADEQ) Director seeking approval 
of its Title V program. In this letter, Virginia requested that EPA 
grant Virginia ``delegation of authority upon approval of the operating 
permit program, except Section 112(r), prevention of accidental 
releases.'' Virginia's request for partial delegation of authority only 
includes affected sources of hazardous air pollutants (HAPs), as 
defined in 40 CFR part 63, for all source categories which are located 
at major sources, as defined in 40 CFR part 70. On February 6, 1998, 
the Virginia Department of Environmental Quality (VADEQ) forwarded to 
the EPA regulatory revisions adopted by the State Air Pollution Control 
Board to confer to VADEQ the authority to implement and enforce 
existing National Emission Standards for Hazardous Air Pollutants 
(NESHAPs) and associated infrastructure programs, pursuant to Section 
112 of the Clean Air Act (CAA), as set forth in 40 CFR part 63. This 
letter also requested that automatic delegation be granted to Virginia 
for all future NESHAPs.
    On July 10, 1997, EPA approved VADEQ's Title V Operating Permits 
Program (see 62 FR 31516 dated June 10, 1997). Requirements for 
approval, specified in 40 CFR 70.4(b), encompass CAA section 112(l)(5) 
requirements for approval of a program for delegation of CAA section 
112 standards as promulgated by EPA as they apply to 40 CFR part 70 
sources. Section 112(l)(5) requires that the State's program contain 
adequate authorities, adequate resources for implementation and an 
expeditious compliance schedule for enforcing standards, which are also 
requirements under 40 CFR part 70. Therefore, as part of the Title V 
Operating Permits Program approval, EPA also promulgated full approval 
under CAA section 112(l)(5) and 40 CFR 63.91 of the State's program for 
receiving delegation of the CAA section 112 standards that are 
unchanged from Federal standards as promulgated in 40 CFR part 63. This 
program for delegation only applies to sources covered by the 40 CFR 
part 70 program. The specific authority and commitments for Section 112 
implementation is contained in detail in EPA's proposed interim 
approval of Virginia's Title V program (62 FR 12778 dated March 18, 
1997). Today's notice serves to inform of the specific authorities 
which have been delegated to Virginia.
    On April 20, 1998, the Environmental Protection Agency granted 
Virginia's request for partial delegation with certain restrictions. 
The following authorities will be retained by EPA Region III:
    (1) implementation and enforcement of standards that control 
radionuclides (40 CFR part 63.12(b)(1));
    (2) implementation and enforcement of standards that apply to an 
area source, as defined in 40 CFR part 63.2, which is not located at a 
major source, as defined in 40 CFR part 70;
    (3) implementation and enforcement of an accidental release 
program, as defined in CAA section 112(r) and 40 CFR part 68;
    (4) approval of alternative means of emission limitations and 
alternative control technologies;
    (5) approval of alternative test methods;
    (6) approval of alternative monitoring methods; and
    (7) the authority to make certain applicability determinations, as 
required by formal requests from owners or operators of facilities or 
the public.
    In addition, certain provisions of 40 CFR part 63 are delegated on 
a case-by-case basis to VADEQ and require VADEQ to notify US EPA Region 
III, in writing. These provisions include:
    (1) compliance extensions;
    (2) approval of site-specific test and performance evaluation 
plans;
    (3) approval of minor alternatives to test methods and monitoring;
    (4) approval of shorter sampling times/ volumes; and
    (5) waiver of performance testing.
    On July 10, 1998, final guidance was issued in a Memorandum from 
the OAQPS to the Regions regarding delegation of authorities to state 
and local air pollution control agencies. In this Memorandum, specific 
authorities were identified which could result in a ``change to the 
stringency of the underlying standard, which are likely to be 
nationally significant, or which may require a rulemaking''. Included 
as an authority which may not be delegated is the waiver of 
recordkeeping. This authority, which had been delegated to Virginia in 
EPA's letter of delegation of April 20, 1998, was subsequently revoked 
in the EPA letter of November 19, 1998. As of April 20, 1998, VADEQ has 
primary authority to enforce the standards in 40 CFR part 63 for CAA 
part 70 sources, however, EPA will retain independent enforcement 
authority.
    Virginia has adopted by reference all existing NESHAPs and the 
corresponding amendments and revisions into 9 VAC 5-60-90 with only the 
wording changes provided by present state regulations. All future 40 
CFR part 63 NESHAPs are automatically delegated, however, this 
delegation is conditioned upon each standard being legally adopted by 
the VADEQ and must be adopted by reference to the Federal regulations 
with only those wording changes provided by the present state 
regulations, and VADEQ must notify EPA Region III that it has adopted 
additional standards and that it intends to enforce the standards in 
conformance with the terms of this delegation.
    If the Administrator determines that Virginia cannot adequately 
implement or enforce the requirements of 40 CFR part 63, this 
delegation may be revoked in whole or in part.
    EPA hereby notifies the public that it has partially delegated the 
authority for implementation and enforcement of the NESHAPs for Source 
Categories, pursuant to CFR part 63, as outlined above, to the Virginia 
Department of Environmental Quality.
    The Office of Management and Budget has exempted this notice 
informing the public of partial delegation of NESHAPS to VADEQ , as 
outlined above, from Executive Order 12866 review. This action is 
exempt from CRA review.
    This notice is issued under the authority of sections 101, 110, 112 
and

[[Page 3940]]

301 of the Clean Air Act, as amended (42 U.S.C. 7401, 7410, 7412, 
7601).

    Dated: December 15, 1998.
W. Michael McCabe,
Regional Administrator, EPA Region III.
[FR Doc. 99-1759 Filed 1-25-99; 8:45 am]
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