[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38446-38447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16516]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9930-07-Region-3]


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.

-----------------------------------------------------------------------

SUMMARY: On May 7, 2015, the Environmental Protection Agency (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 May 7, 2015, 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.

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

SUPPLEMENTARY INFORMATION: On March 12, 2015, Virginia notified 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, 2014. On 
May 7, 2015, 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 US EPA Region 
III and to the Virginia Department of Environmental Quality, unless the 
delegated standard specifically provides that such submittals may be 
sent to EPA or a delegated State. In such cases, the submittals should 
be sent only to the Virginia Department of Environmental Quality. A 
copy of EPA's letter to Virginia follows:

``Michael G. Dowd, Director, Air 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

[[Page 38447]]

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.
---------------------------------------------------------------------------

    \1\ EPA has posted copies of these actions at: http://www.epa.gov/reg3artd/airregulations/delegate/vadelegation.htm.
---------------------------------------------------------------------------

    In a letter dated March 12, 2015, 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, 2014. 
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 11, 2015.
    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 11, 2015.
    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).
---------------------------------------------------------------------------

    \2\ Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008).
---------------------------------------------------------------------------

    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 v. 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: June 18, 2015.
Diana Esher,
Director, Air Protection Division, Region III.
[FR Doc. 2015-16516 Filed 7-2-15; 8:45 am]
 BILLING CODE 6560-50-P