[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Page 30703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11823]


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ENVIRONMENTAL PROTECTION AGENCY

[D-VA-2011-0001; FRL-9305-9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: On April 4, 2011, EPA sent Virginia a letter acknowledging 
that Virginia's delegation of authority to implement and enforce 
National Emission Standards for Hazardous Air Pollutants (NESHAP) and 
New Source Performance Standards (NSPS) had been updated, as provided 
for under previously approved delegation mechanisms. To inform 
regulated facilities and the public of Virginia's updated delegation of 
authority to implement and enforce NESHAP and NSPS, EPA is making 
available a copy of EPA's letter to Virginia through this notice.

DATES: On April 4, 2011, EPA sent Virginia a letter acknowledging that 
Virginia's delegation of authority to implement and enforce additional 
and updated NESHAP and NSPS 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, 629 East Main Street, Richmond, Virginia 23219. 
Copies of Virginia's notice to EPA that Virginia has updated its 
incorporation by reference of Federal NESHAP and NSPS, 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/vadelegation.htm.

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

SUPPLEMENTARY INFORMATION: Virginia notified EPA that Virginia has 
updated its incorporation by reference of Federal NESHAP and NSPS to 
include many such standards, as they were published in final form in 
the Federal Code of Federal Regulations dated July 1, 2010. EPA 
responded by sending Virginia a letter acknowledging that Virginia now 
has the authority to implement and enforce the NESHAP and NSPS 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 standards must be submitted to both the US EPA Region III and 
to the Virginia Department of Environmental Quality. A copy of EPA's 
letter to Virginia follows:

Michael G. Dowd, Air Program Director, Virginia Department of 
Environmental Quality, P.O. Box 1105, Richmond, VA 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 
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 delegated to 
Virginia the authority to implement and enforce any future EPA 
NESHAP or NSPS on the condition that Virginia legally adopt the 
future standards, make only allowed wording changes, and provide 
specified notice to EPA.
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    \1\ EPA has posted copies of these actions at: http://www.epa.gov/reg3artd/airregulations/delegate/vadelegation.htm.
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    In a letter dated March 3, 2011, Virginia informed EPA that 
Virginia had updated its incorporation by reference of Federal 
NESHAP and NSPS to include many such standards, as they were 
published in final form in the Federal Code of Federal Regulations 
dated July 1, 2010. Virginia noted that its intent in updating its 
incorporation by reference of the NESHAP and NSPS was to retain the 
authority to enforce all standards included in the revisions, as per 
the provisions of EPA's previous delegation actions. Virginia 
committed to enforcing the Federal standards in conformance with the 
terms of EPA's previous delegations of authority. Virginia made only 
allowed wording changes.
    Virginia provided copies of its revised regulations specifying 
the NESHAP and NSPS which Virginia has adopted by reference. These 
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 March 
2, 2011.
    Accordingly, EPA acknowledges that Virginia now has the 
authority, as provided for under the terms of EPA's previous 
delegation actions, to implement and enforce the NESHAP and NSPS 
standards which Virginia has adopted by reference in Virginia's 
revised regulations 9 VAC 5-50 and 9 VAC 5-60, both effective on 
March 2, 2011.
    Please note that on December 19, 2008, in Sierra Club v. EPA,\2\ 
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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    \2\ Sierra Club v. EPA, 551 F.3rd 1019 (DC 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 vs. EPA.
    EPA appreciates Virginia's continuing NESHAP and NSPS 
enforcement efforts, and also Virginia's decision to take automatic 
delegation of additional and more recent NESHAP and NSPS by adopting 
them by reference.

    Sincerely,

Diana Esher,

    Director, Air Protection Division.

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

    Dated: April 26, 2011.
Diana Esher,
Director, Air Protection Division, Region III.
[FR Doc. 2011-11823 Filed 5-25-11; 8:45 am]
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