[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44410-44411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20322]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9967-87-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.

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

SUMMARY: On May 11, 2017, 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) and 
New Source Performance Standards (NSPS) 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 May 11, 2017, 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

[[Page 44411]]

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: Emily Linn, (215) 814[dash]5273, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On February 27, 2017, 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, 2016. On May 11, 
2017, 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 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
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 New Source 
Performance Standards (NSPS), National Emission Standards for 
Hazardous Air Pollutants (NESHAP), and National Emission Standards 
for Hazardous Air Pollutants for Source Categories (MACT standards) 
which are found at 40 CFR parts 60, 61 and 63, respectively. In 
those actions, EPA also delegated to Virginia the authority to 
implement and enforce any future federal NSPS, NESHAP or MACT 
Standards 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 27, 2017, Virginia submitted to EPA 
revised versions of Virginia's regulations which incorporate by 
reference specified federal NSPS, NESHAP and MACT standards, as 
those federal standards had been published in final form in the Code 
of Federal Regulations dated July 1, 2016. Virginia committed to 
enforcing the federal standards in conformance with the terms of 
EPA's previous delegations of authority and made only allowed 
wording changes.
    Virginia stated that it had submitted the revisions ``to retain 
its authority to enforce the NSPSs and NESHAPs under the delegation 
of authority granted by EPA on August 27, 1981 (46 FR 43300) and to 
enforce the MACT standards under the delegation of authority granted 
by EPA on January 26, 1999 (64 FR 3938) and January 8, 2002 (67 FR 
825).''
    Virginia provided copies of its revised regulations which 
specify the NSPS, NESHAP and MACT Standards which it had adopted by 
reference. Virginia's 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 22, 2017.
    Virginia stated in its submittal letter that ``Virginia may not 
accept delegation of a standard based on an assessment of 
implementation and enforcement commitments. The following standard 
is affected at this time: Subpart OOOOa, Standards of Performance 
for Crude Oil and Natural Gas Facilities for which Construction, 
Modification, or Reconstruction Commenced after September 18, 2015. 
. . .''
    Virginia further explained regarding Subpart 0000a that 
``[a]uthority to enforce this standard is being retained by EPA and 
it is not incorporated by reference into the Virginia regulations 
for any source that is not (i) a major source as defined in 9VAC5-
80-60 and subject to Article 1, Federal Operating Permits for 
Stationary Sources, or (ii) an affected source as defined in 9VAC5-
80-370 and subject to Article 3, Federal Operating Permits for Acid 
Rain Sources, of Part II of 9VAC5-80 (Permits for Stationary 
Sources).''
    In the regulations that it submitted Virginia also indicates 
various other EPA standards that the State had previously chosen not 
to adopt by reference or had chosen to adopt by reference only for 
certain specified sizes, etc. of sources.
    Based on Virginia's submittal, EPA acknowledges that EPA's 
delegations to Virginia of the authority implement and enforce EPA's 
NSPS, NESHAP, and MACT Standards have been updated, as provided for 
under the terms of EPA's previous delegation of authority actions, 
to allow the Virginia to implement and enforce the federal NSPS, 
NESHAP, and MACT standards which Virginia has adopted by reference 
as specified in Virginia's revised regulations 9 VAC 5-50 and 9 VAC 
5-60, both effective on February 22, 2017.
    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).
---------------------------------------------------------------------------

    \1\ 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 vs. EPA.
    EPA appreciates Virginia's continuing NSPS, NESHAP, and MACT 
standards enforcement efforts, and also Virginia's decision to take 
automatic delegation of additional or updated NSPS, NESHAP and MACT 
standards by adopting them by reference.

Sincerely,

Cristina Fernandez,
Director Air Protection Division.

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

    Dated: September 6, 2017.
Cristina Fernandez,
Director, Air Protection Division, Region III.
[FR Doc. 2017-20322 Filed 9-21-17; 8:45 am]
 BILLING CODE 6560-50-P