[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Notices]
[Pages 38177-38178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13912]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9947-58-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: On April 7, 2016, the Environmental Protection Agency (EPA) 
sent the Commonwealth of Virginia (Virginia) a letter acknowledging 
that Virginia's delegation of authority to implement and enforce the 
National Emissions Standards for Hazardous Air Pollutants (NESHAPs) had 
been updated, as provided for under previously approved delegation 
mechanisms. To inform regulated facilities and the public, EPA is 
making available a copy of EPA's letter to Virginia through this 
notice.

DATES: On April 7, 2016, EPA sent Virginia a letter acknowledging that 
Virginia's delegation of authority to implement and enforce federal 
NESHAPs 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 February 10, 2016, Virginia notified EPA 
that Virginia had updated its incorporation by reference of federal 
NESHAPs to include many such standards, as they were published in final 
form in the Code of Federal Regulations dated July 1, 2015. On April 7, 
2016, EPA sent Virginia a letter acknowledging that Virginia now has 
the authority to implement and enforce the NESHAPs 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 NESHAPs 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 Virginia (Virginia) the 
authority to implement and enforce various federal

[[Page 38178]]

National Emissions Standards for Hazardous Air Pollutants (NESHAPs) 
found at 40 CFR parts 61 and 63. In those actions, EPA also delegated 
to Virginia the authority to implement and enforce any future EPA 
NESHAPs on the condition that Virginia legally adopt the future 
standards, make only allowed wording changes, and provide specified 
notice to EPA.
    In a letter dated February 10, 2016, Virginia informed EPA that 
Virginia had updated its incorporation by reference of federal NESHAPs 
to include many such standards, as they were published in final form in 
the Code of Federal Regulations dated July 1, 2015. Virginia explained 
that its intent in updating its incorporation by reference of the 
NESHAPs 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.
    EPA notes that Virginia provided a copy of the State's regulatory 
action that states: ``[t]he amendments update state regulations that 
incorporate by reference certain U.S. Environmental Protection Agency 
regulations to reflect the Code of Federal Regulations as published on 
July 1, 2015. No new NESHAPs or MACTs are being incorporated. The date 
of the Code of Federal Regulations book being incorporated by reference 
is being updated to the latest version.'' Virginia's regulatory action 
indicates that ``[t]he revised regulations have an effective date of 
February 10, 2016.''
    EPA also notes that Virginia provides in its regulatory action that 
``[t]he Environmental Protection Agency National Emission Standards for 
Source Categories (Maximum Achievable Control Technologies, or MACTs) 
as promulgated in 40 CFR part 63 and designated in 9VAC5-60-100 are, 
unless indicated otherwise, incorporated by reference into the 
regulations of the board [State Air Pollution Control Board] as amended 
by the word or phrase substitutions given in 9VAC5-60-110. The complete 
text of the subparts in 9VAC5-60-100 incorporated herein by reference 
is contained in 40 CFR part 63. The 40 CFR section numbers appearing 
under each subpart in 9VAC5-60-100 identify the specific provisions of 
the subpart incorporated by reference. The specific version of the 
provision adopted by reference shall be that contained in the CFR 2015 
in effect July 1, 2015.''
    EPA further notes that Virginia provides in its regulatory action 
that ``[t]he Environmental Protection Agency National Emission 
Standards (NESHAPs) as promulgated in 40 CFR part 61 and designated in 
9VAC5-60-70 are, unless indicated otherwise, incorporated by reference 
into the regulations of the board as amended by the word or phrase 
substitutions given in 9VAC5-60-80. The complete text of the subparts 
in 9VAC5-60-70 incorporated herein by reference is contained in 40 CFR 
part 61. The 40 CFR section numbers appearing under each subpart in 
9VAC5-60-70 identify the specific provisions of the subpart 
incorporated by reference. The specific version of the provision 
adopted by reference shall be that contained in the CFR 2015 in effect 
July 1, 2015.''
    In response to Virginia's submittal, 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 
standards which Virginia has adopted by reference in Virginia's revised 
regulations 9 VAC 5-60-100 and 9 VAC 5-60-70, both effective on 
February 10, 2016.
    Please note that on December 19, 2008, in Sierra Club v. EPA,\1\ 
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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    \1\ 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 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 enforcement efforts, 
and also Virginia's decision to take automatic delegation of more 
recent NESHAP by adopting them by reference.

Sincerely,

Nikos Singelis, Acting Director
Air Protection Division''

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

    Dated June 1, 2016.
Nikos Singelis,
Acting Director, Air Protection Division, Region III.
[FR Doc. 2016-13912 Filed 6-10-16; 8:45 am]
 BILLING CODE 6560-50-P