[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Notices]
[Pages 44231-44232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18385]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9705-4]


Delegation of Authority To Implement and Enforce Outer 
Continental Shelf Air Regulations to the Virginia Department of 
Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: On February 2, 2012, EPA sent the Virginia Department of 
Environmental Quality (VADEQ) a letter acknowledging VADEQ will be 
delegated the authority to implement and enforce sections of the Outer 
Continental Shelf (OCS) Air Regulations. To inform regulated facilities 
and the public of VADEQ's delegation of authority to implement and 
enforce OCS regulations, EPA is making available a copy of EPA's letter 
to VADEQ through this notice.

DATES: On February, 2, 2012, EPA sent VADEQ a letter acknowledging that 
VADEQ will be delegated the authority to implement and enforce OCS.

ADDRESSES: Copies of documents pertaining to this action are available 
for public inspection during normal

[[Page 44232]]

business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103-2029. Copies of the State submittal are available at 
the Virginia Department of Environmental Quality, 629 East Main Street, 
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Cathleen Kennedy, (215) 814-2746, or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: On October 7, 2011, VADEQ requested 
delegation of authority to implement and enforce Title 40 of the Code 
of Federal Regulations, Part 55 (Outer Continental Shelf Air 
Regulations). On February 2, 2012, EPA sent VADEQ a letter 
acknowledging that VADEQ will be delegated the authority to implement 
and enforce OCS regulations. A copy of EPA's letter to VADEQ follows:

``Mr. David K. Paylor
Director
Virginia Department of Environmental Quality
P.O. Box 1105
Richmond, Virginia 23218

Dear Mr. Paylor:
    Thank you for your October 7, 2011 letter to the U.S. Environmental 
Protection Agency (EPA) requesting formal delegation of authority to 
implement and enforce the requirements of the Outer Continental Shelf 
(OCS) Regulations within 25 miles of Virginia's seaward boundary. In 
response, EPA intends to grant the Virginia Department of Environmental 
Quality (DEQ) formal delegation of authority to implement and enforce 
OCS Regulations, pursuant to section 328(a)(3) of the Clean Air Act. As 
established in the Code of Federal Regulations, Title 40, Part 55 (40 
CFR Part 55), EPA will delegate implementation and enforcement 
authority to a State if the State has an adjacent OCS source, and EPA 
determines that the State's regulations are adequate. EPA has 
determined that delegation to DEQ shall be immediately effective upon 
EPA's receipt of a notice of intent (NOI) to construct an OCS source to 
be adjacent to the Commonwealth of Virginia (Virginia).
    The delegation will include the authority for the following 
sections of 40 CFR Part 55, as exists on September 19, 2011:
     55.1 Statutory authority and scope.
     55.2 Definitions.
     55.3 Applicability.
     55.4 Requirements to submit a notice of intent.
     55.6 Permit requirements.
     55.7 Exemptions.
     55.8 Monitoring, reporting, inspections, and compliance.
     55.9 Enforcement.
     55.10 Fees.
     55.13 Federal requirements that apply to OCS sources.
     55.14 Requirements that apply to OCS sources located 
within 25 miles of States' seaward boundaries, by State.
     55.15 Specific designation of corresponding onshore areas.
     Appendix A to Part 55--Listing of State and Local 
Requirements Incorporated by Reference Into Part 55, by State.
    EPA is not delegating the authority to implement and enforce 40 CFR 
Part 55.5 (Corresponding onshore area designation), 55.11 (Delegation), 
and 55.12 (Consistency updates), as authority for these sections is 
reserved for the Administrator. As stated in 40 CFR Part 55.11(b), EPA 
shall delegate implementation and enforcement authority if determined 
that the State's regulations are adequate, including a demonstration by 
the State that the State has:
    (1) adopted the appropriate portions of 40 CFR Part 55 into State 
law;
    (2) submitted a letter from the State Attorney General confirming 
that Virginia has adequate authority under the State law to implement 
and enforce the relevant portions of 40 CFR Part 55;
    (3) adequate resources to implement and enforce the requirements of 
40 CFR Part 55; and
    (4) adequate administrative procedures to implement and enforce the 
requirements of this part, including public notice and comment 
procedures.
    EPA has reviewed DEQ's delegation request and concludes that it 
meets the requirements for delegation. Therefore, delegation will be 
effective on the date EPA receives a NOI of constructing an OCS source 
adjacent to Virginia. On this date, DEQ will automatically be 
authorized to implement, enforce, and administer the sections of 40 CFR 
Part 55 listed above for the OCS sources in which Virginia will be the 
corresponding onshore area.
    I appreciate DEQ's efforts to implement the OCS regulations and 
look forward to working with you to foster the growth of alternative 
energy projects in Virginia. If you have any questions, please do not 
hesitate to contact me or have your staff contact Ms. Laura Mohollen, 
Virginia Liaison, at 215-814-329.

Sincerely,
Shawn M. Garvin
Regional Administrator''

    This notice acknowledges the delegation of authority to VADEQ to 
implement and enforce OSC Air Regulations.

    Dated: July 10, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-18385 Filed 7-26-12; 8:45 am]
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