[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Rules and Regulations]
[Pages 52667-52669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24638]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 61
[EPA-R01-OAR-2017-0439; FRL-9970-60-Region 1]
Notification of Partial Voluntary Withdrawal of Delegation of
Authority; Connecticut; National Emission Standards for Hazardous Air
Pollutants for Asbestos
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notification of partial withdrawal of delegation of asbestos
program.
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SUMMARY: This document notifies affected sources and other interested
parties that the Connecticut Department of Energy and Environmental
Protection (CT DEEP) has voluntarily and partially withdrawn from the
delegation of authority to implement and enforce the federal asbestos
program provisions at 40 CFR part 61, subpart M. The withdrawal action
only applies to sources that are not subject to CT DEEP's title V
operating permit program, or that are subject to the title V operating
permit program but have not yet received a title V operating permit
from CT DEEP. CT DEEP will continue to implement and enforce 40 CFR
part 61, subpart M for all sources that have already obtained a title V
operating permit, or that obtain such a permit after the effective date
of this action.
DATES: This delegation withdrawal is effective on December 14, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R01-OAR-
[[Page 52668]]
2017-0439. You can inspect copies of the delegation agreement and all
correspondence regarding CT DEEP's voluntary and partial withdrawal
from delegation of the asbestos program at our Region 1 office during
normal business hours. All documents in the electronic docket are
listed in the www.regulations.gov index. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Boston, MA. EPA requests that if
at all possible, you contact the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Eric Wortman, Air Permits, Toxics and
Indoor Programs Unit, Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA New England Regional Office, 5
Post Office Square (OEP05-2), Boston, MA 02109-3912, telephone number
(617) 918-1624, fax number (617) 918-0624, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever '' we,''
'' us,'' or '' our'' is used, we mean EPA. Organization of this
document. The following outline is provided to aid in locating
information in this preamble.
Table of Contents
I. Background and Purpose
II. Where should affected sources send notifications required by the
Asbestos NESHAP?
III. Do I still need to comply with the State of Connecticut
regulations?
IV. EPA Action
I. Background and Purpose
EPA first promulgated standards to regulate asbestos emissions on
April 6, 1973 (38 FR 8820). These standards have since been amended
several times and are codified in 40 CFR part 61, subpart M, ``National
Emission Standard for Hazardous Air Pollutants for Asbestos'' (Asbestos
NESHAP).
Prior to the 1990 Clean Air Act (CAA) Amendments, section 112(d) of
the CAA allowed states to develop and submit to the Administrator a
procedure for implementing and enforcing NESHAPs. The 1990 Amendments
to the Act revised section 112 extensively, removed delegation
provisions from 112(d)(1), and added section 112(l), which now provides
the mechanism for delegating section 112 standards to state, local, and
tribal agencies. Section 112(l) of the CAA authorizes the Administrator
to delegate to each state, when appropriate, the authority to implement
and enforce NESHAPs for stationary sources located in such state. The
federal regulations governing EPA's delegation of authority for section
112 federal rules as promulgated without changes are located at 40 CFR
part 63, subpart E. See 58 FR 62262 (November 26, 1993), as amended by
65 FR 55810 (September 14, 2000). Upon approval by EPA, the state
agency is authorized to implement and enforce the federal rule. Under
these regulations, a state air pollution control agency may voluntarily
withdraw from an approved delegation using the procedures outlined in
40 CFR 63.96(b)(7).
In general, delegations are implemented through agreements between
the EPA regional offices and state or local air pollution control
agencies. In a letter dated May 11, 1988, CT DEEP requested full
delegation of the Asbestos NESHAP regulations. In a letter dated
February 27, 1990, the EPA granted delegation of full administrative
and enforcement authority for the Asbestos NESHAP to CT DEEP. On April
23, 1999, the EPA approved CT DEEP's mechanism for receiving delegation
of Section 112 standards through the State's title V operating permit
program. EPA also reconfirmed previously delegated standards for
sources that obtained title V operating permits. See 64 FR 19922 (April
23, 1999).
On February 7, 2017, pursuant to the provisions at 40 CFR
63.96(b)(7), CT DEEP notified EPA of its intent to voluntarily and
partially withdraw from delegation of the Asbestos NESHAP.
Subsequently, CT DEEP provided electronic notice to the public and
affected sources of the partial delegation withdrawal on June 20, 2017.
Notification was also published in the Hartford Courant on June 27,
2017, and CT DEEP accepted written comments through 5 p.m. on July 31,
2017. In the notification, CT DEEP affirmed it will continue to assure
compliance with all applicable CAA Section 112 requirements under an
issued title V operating permit. CT DEEP received three written
comments from the public and regulated community during the public
comment period. After reviewing the comments received, CT DEEP sent a
letter to the EPA on August 18, 2017 indicating CT DEEP completed the
public comment procedures required by Sec. 63.96(b)(7). The letter
also requested that EPA proceed with a Federal Register notice
concerning CT DEEP's voluntary, partial withdrawal of delegation for
the Asbestos NESHAP. Copies of the correspondence letters between CT
DEEP and the EPA regarding this action, the public notice issued by CT
DEEP, and the public comments received by CT DEEP are included in the
docket for this action.
II. Where should affected sources send notifications required by the
Asbestos NESHAP?
Among other things, the Asbestos NESHAP at 40 CFR 61.145(b)
requires all owners or operators of a demolition or renovation (demo/
reno) activity that is subject to the Asbestos NESHAP to notify the EPA
Administrator in writing before certain renovation and/or demolition
activities occur and within specified time frames. Since the State of
Connecticut was fully delegated the Asbestos NESHAP pursuant to Section
112(d) of the CAA prior to the 1990 amendments, the EPA determined that
the State of Connecticut's regulations governing demo/reno activities
at the time of delegation were adequate for the purposes of effectively
implementing and enforcing the Asbestos NESHAP. This included the
requirement that the owners or operators of a demo/reno activity notify
in writing the designated state agency in advance of commencing the
demo/reno activity. Because the EPA viewed this as a duplicative
notification effort in relation to the state and federal requirements,
the EPA determined that, with certain exceptions, notification to the
designated state agency satisfied the federal notification requirement.
On October 2, 1997 (62 FR 51654), the EPA published a notification in
the Federal Register outlining the notification procedures for sources
subject to the Asbestos NESHAP. The notification no longer required the
regulated community in Connecticut to provide written notice of demo/
reno activities to the EPA, with certain exceptions, as long as such
notices were delivered to the designated state agency.
As a result of CT DEEP's partial, voluntary withdrawal from
delegation of the Asbestos NESHAP, owners or operators of a demo/reno
activity subject to the rule must submit the required notifications to
the EPA, unless the owner or operator has a title V operating permit
from CT DEEP. This notification requirement to EPA
[[Page 52669]]
includes owners or operators of title V sources prior to receiving a
title V operating permit from CT DEEP, as well as sources not subject
to the title V operating permit program. Therefore, after December 14,
2017, such owners or operators of a demo/reno activity in Connecticut
subject to the Asbestos NESHAP must submit Asbestos NESHAP
notifications required under Section 61.145(b) to the following
address: Asbestos Demo/Reno Notifications, U.S. EPA Region 1, 5 Post
Office Square, Mail Code: OES05-4, Boston, MA 02109-3912. The EPA
believes the effective date of this notification provides sufficient
time for affected sources that are not subject to the title V operating
permit program, or are subject to the program but have not obtained a
title V operating permit, to notify the EPA of future demo/reno
activity in accordance with the Asbestos NESHAP. As noted throughout
this document, the requirement to notify the EPA does not apply to
sources that have obtained a title V operating permit under CT DEEP's
title V operating permit program, already, or that obtain a title V
operating permit in the future. Any source that has received a title V
operating permit from CT DEEP will continue to submit demo/reno
notifications to the State of Connecticut.
III. Do I still need to comply with the State of Connecticut
regulations?
Nothing in this notification or CT DEEP's voluntary, partial
withdrawal changes any source's obligation to comply with state or
local laws. All sources subject to such laws must still comply with the
state and local regulations. The Connecticut Department of Public
Health implements an asbestos program under the Regulations of
Connecticut State Agencies. Sources that are subject to the Asbestos
NESHAP must also comply with the Connecticut Department of Public
Health's asbestos program regulations. This includes potentially
duplicative notification requirements for owners or operators of demo/
reno activity subject to the Asbestos NESHAP, as well as the
Connecticut Department of Public Health's asbestos program. Owners or
operators of affected sources should continue to work with their state
or local agencies to ensure any applicable requirements are being met.
More information on the Connecticut Department of Public Heath asbestos
program can be accessed online at www.ct.gov/dph/asbestos.
IV. EPA Action
Based on CT DEEP's voluntary and partial withdrawal relating to
implementation and enforcement of the Asbestos NESHAP, the EPA is
issuing this notification. As noted above, the CT DEEP will retain its
delegation to implement and enforce the Asbestos NESHAP for sources
that have obtained a title V operating permit from CT DEEP, or for
sources that receive a title V operating permit in the future (once the
permit is issued). CT DEEP will continue to assure compliance with all
applicable CAA Section 112 requirements for all sources that have title
V operating permits or obtain title V operating permits after the date
of this action. The delegation withdrawal is effective on December 14,
2017.
List of Subjects in 40 CFR Part 61
Environmental protection, Air pollution control, Asbestos,
Hazardous substances, Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of section
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.
Dated: October 25, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA-New England.
[FR Doc. 2017-24638 Filed 11-13-17; 8:45 am]
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