[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Notices]
[Pages 28875-28876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11847]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9669-4]


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 March 5, 2012, EPA sent the Commonwealth of Virginia 
(Virginia) a letter acknowledging that Virginia's delegation of 
authority to implement and enforce National Emissions 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 March 5, 2012, EPA sent Virginia a letter acknowledging that 
Virginia's delegation of authority to implement and enforce 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 
email at [email protected].

SUPPLEMENTARY INFORMATION: On February 16, 2012, 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 Code of Federal Regulations dated July 1, 2011. On 
March 5, 2012, EPA sent 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 NESHAP and NSPS must be submitted to both the U.S. EPA Region 
III and to the Virginia Department of Environmental Quality. A copy of 
EPA's letter to Virginia follows:

``Michael G. Dowd, Director, Air Quality Division, Virginia 
Department of Environmental Quality, 629 East Main Street, 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 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 February 16, 2012, 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 Code of Federal Regulations dated 
July 1, 2011. 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

[[Page 28876]]

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 
February 15, 2012.
    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 
February 15, 2012.
    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 
Sec.  63.6(f)(1) and (h)(1).
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    \2\  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 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 18, 2012.
Diana Esher,
Director, Air Protection Division, Region III.
[FR Doc. 2012-11847 Filed 5-15-12; 8:45 am]
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