[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Pages 30703-30705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11787]


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ENVIRONMENTAL PROTECTION AGENCY

[D-PA-2011-0001; FRL-9305-8]


Delegation of Authority to the Commonwealth of Pennsylvania To 
Implement and Enforce Additional National Emission Standards for 
Hazardous Air Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: Pennsylvania has requested that EPA delegate to Pennsylvania 
the authority to implement and enforce twelve additional National 
Emission

[[Page 30704]]

Standards for Hazardous Air Pollutants (NESHAP) for area sources, and 
EPA has responded by sending Pennsylvania a letter approving this 
delegation, pursuant to previously approved delegation mechanisms. To 
inform regulated facilities and the public of EPA's delegation to 
Pennsylvania of the authority to implement and enforce these twelve 
additional NESHAP for area sources, EPA is making available a copy of 
EPA's letter to Pennsylvania through this notice.

DATES: On January 5, 2011, EPA sent Pennsylvania a letter acknowledging 
the delegation to Pennsylvania of the authority to implement and 
enforce twelve additional NESHAP for area sources.

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 
Pennsylvania's submittal are also available at the Pennsylvania 
Department of Environmental Protection, Bureau of Air Quality Control, 
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. 
Copies of Pennsylvania's request for the delegation of authority to 
implement additional NESHAP (except for the appendices to that request) 
and of EPA's response, may also be found posted on EPA Region III's Web 
site at: http://www.epa.gov/reg3artd/airregulations/delegate/padelegation.htm.

FOR FURTHER INFORMATION CONTACT: Ray Chalmers, (215) 814-2061, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: Pennsylvania requested that EPA delegate to 
Pennsylvania the authority to implement and enforce twelve additional 
NESHAP for area sources. On January 5, 2011, EPA sent Pennsylvania a 
letter informing Pennsylvania that EPA had delegated to the 
Commonwealth the authority to implement and enforce these twelve 
additional NESHAP for area sources, pursuant to previously approved 
delegation mechanisms. All notifications, applications, reports and 
other correspondence required pursuant to the newly delegated standards 
must be submitted to both the US EPA Region III and to the Pennsylvania 
Department of Environmental Protection. A copy of EPA's letter to 
Pennsylvania follows:

``Ms. Joyce E. Epps, Esquire
Director of Air Quality
Pennsylvania Department of Environmental Protection
Rachel Carson State Office Building
P.O. Box 8468
Harrisburg, PA 17105-8468

Dear Ms. Epps:

    The Environmental Protection Agency (EPA) has previously 
delegated to the Commonwealth of Pennsylvania (Pennsylvania) the 
authority to implement and enforce numerous specified Federal 
National Emissions Standards for Hazardous Air Pollutants (NESHAP) 
and New Source Performance Standards (NSPS), which are found at 40 
CFR Parts 60, 61 and 63.\1\ In those actions EPA also automatically 
delegated to Pennsylvania the authority to implement and enforce 
future NESHAP applicable to major sources, future changes to any of 
the specific NESHAP applicable to area sources that Pennsylvania had 
been delegated the authority to implement and enforce, and any 
future NSPS requirements.
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    \1\ EPA has posted copies of these actions at: http://www.epa.gov/reg3artd/airregulations/delegate/padelegation.htm
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    EPA also previously approved processes by which Pennsylvania may 
easily request and quickly receive delegation of authority to 
implement and enforce additional NESHAP applicable to area sources. 
As part of Pennsylvania's Title V Operating Permits Program 
approval,\2\ EPA 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. That approval 
allows Pennsylvania to request and receive delegation of NESHAP for 
sources covered by the 40 CFR part 70 program, including area 
sources which are subject to NESHAP which require area sources to 
obtain part 70 program permits. In addition, EPA has separately 
approved a mechanism by which Pennsylvania may request and receive 
delegation of any additional NESHAP applicable to area sources which 
are not covered by the 40 CFR part 70 operating permits program.\3\ 
That mechanism is for Pennsylvania to adopt the additional NESHAP 
applicable to area sources without changes and to send EPA a letter 
requesting delegation of those additional NESHAP.
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    \2\ 61 FR 39597 (July 30, 1996)
    \3\ 66 FR 47579 (September 13, 2001)
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    In a letter dated December 10, 2009, Pennsylvania requested 
delegation of authority, by reference, to implement and enforce 
NESHAP as codified in 40 CFR Part 63 for the following source 
categories: (1) Subpart AAAA (relating to municipal solid waste 
landfills); (2) Subpart BBBBBB (relating to gasoline bulk terminals, 
bulk plants and pipeline facilities); (3) Subpart EEE (relating 
hazardous waste combustion; (4) Subpart LLL (relating to Portland 
cement manufacturing industry; (5) Subpart NNNNNN (relating to 
chromium compounds), (6) Subpart OOOOOO (relating to flexible 
polyurethane foam fabrication and production area sources; (7) 
Subpart PPPPPP (relating to lead acid battery manufacturing area 
sources; (8) Subpart SSSSSS (relating to glass manufacturing area 
sources); (10) Subpart TTTTTT (relating to secondary nonferrous 
metals processing area sources; (11) Subpart YYYYY (relating to 
electric arc furnace steelmaking facilities, and (12) Subpart ZZZZZ 
(relating to iron and steel foundries area sources). Pennsylvania 
also requested ``automatic delegation'' of future amendments to 
these NESHAP.
    In its delegation request letter Pennsylvania confirmed that the 
EPA rules in 40 CFR Part 63 ``are applicable, without revisions, to 
affected sources in Pennsylvania on the effective dates published in 
the Federal Register.'' Pennsylvania also confirmed that it 
continues to have adequate legal authority to implement and enforce 
such Federal rules.
    Pennsylvania's December 10, 2009 request for delegation of 
authority to implement and enforce additional Federal NESHAP is 
approvable under the previously approved delegation processes 
discussed above. Accordingly, EPA hereby delegates to Pennsylvania 
the authority to implement and enforce the additional NESHAP for 
which Pennsylvania requested delegation in its December 10, 2009 
submittal.
    Please note that on December 19, 2008, in Sierra Club v. EPA,\4\ 
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 
Sec.  63.6(f)(1) and (h)(1).
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    \4\ 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 Sec.  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 Pennsylvania incorporates 40 CFR Part 63 by reference, 
Pennsylvania 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 Pennsylvania's continuing NESHAP and NSPS 
enforcement efforts, and also Pennsylvania's decision to request 
delegation of additional NESHAP.

    Sincerely,
Diana Esher, Director
Air Protection Division''

    In the above letter EPA approved Pennsylvania's December 10, 2009 
request for delegation of additional NESHAP for area sources in its 
entirety. EPA erred in that letter in not listing one of the additional 
NESHAP for which Pennsylvania had requested delegation, NESHAP Subpart 
RRRRRR for Clay Ceramics Manufacturing Area Sources. To address this 
oversight, EPA sent Pennsylvania a subsequent letter on April 4, 2011 
confirming that EPA's approval of Pennsylvania's December 10, 2009 
request for delegation had

[[Page 30705]]

included approval of the delegation of NESHAP Subpart RRRRRR and of any 
future amendments to Subpart RRRRRR. A copy of that letter is provided 
as follows:

``Ms. Joyce E. Epps, Director
Bureau of Air Quality
Pennsylvania Department of Environmental Protection
Rachel Carson State Office Building
P.O. Box 8468
Harrisburg, PA 17105-8468

Dear Ms. Epps:

    On January 5, 2011, the U.S. Environmental Protection Agency (EPA) 
delegated to Pennsylvania the authority to implement and enforce all of 
the additional National Emissions Standards for Hazardous Air 
Pollutants (NESHAP) for which Pennsylvania had requested delegation in 
a December 10, 2009 submittal. EPA granted this delegation pursuant to 
previously approved delegation mechanisms.
    In EPA's January 5, 2011 approval EPA listed for reference the 
additional NESHAP for which Pennsylvania had requested delegation in 
its December 10, 2009 submittal. EPA has since noted that its listing 
was incomplete in that it did not include one of the NESHAP for which 
Pennsylvania had requested delegation, NESHAP Subpart RRRRRR for Clay 
Ceramics Manufacturing Area Sources.
    This is to confirm that EPA's January 5, 2011 approval of 
Pennsylvania's December 10, 2009 request for delegation of authority to 
implement and enforce additional NESHAP also delegated to Pennsylvania 
the authority to implement and enforce NESHAP Subpart RRRRRR for Clay 
Ceramics Manufacturing Area Sources.
    EPA appreciates Pennsylvania's continuing efforts to implement and 
enforce all delegated NESHAP. If you have any questions, please contact 
me at 814-2706 or Ray Chalmers of my staff at 215-814-2061.

    Sincerely,

Diana Esher, Director
Air Protection Division''

    This notice confirms EPA's delegation to Pennsylvania of the 
authority to implement and enforce additional NESHAP.

    Dated: April 26, 2011.
Diana Esher,
Director, Air Protection Division, Region III.
[FR Doc. 2011-11787 Filed 5-25-11; 8:45 am]
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