[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Pages 5574-5575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01112]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 61, and 63
[EPA-R01-OAR-2020-0006; FRL-10004-44-Region 1]
Notice of Memorandum of Agreement for Delegation of Authority;
Connecticut; New Source Performance Standards and National Emissions
Standards for Hazardous Air Pollutants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action.
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SUMMARY: On October 2, 2019, the Environmental Protection Agency (EPA)
Region 1 Administrator signed a Memorandum of Agreement (MOA) between
EPA Region 1 and the Connecticut Department of Energy and Environmental
Protection (CT DEEP) for delegation of New Source Performance Standards
(NSPS) and National Emissions Standards for Hazardous Air Pollutants
(NESHAPs). The MOA was signed by the Commissioner of CT DEEP on
September 10, 2019. To inform the public of the EPA and CT DEEP's
October 2, 2019 MOA regarding delegation of NSPS and NESHAPs, the EPA
is making a copy of the MOA available through this document.
DATES: On October 2, 2019, the EPA finalized a Memorandum of Agreement
between EPA Region 1 and the CT DEEP regarding delegation of NSPS and
NESHAPs.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R01-OAR-2020-0006. All documents in the
docket are listed on the https://www.regulations.gov website. Although
listed in the index, some information may not be 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, Air Permits,
Toxics, and Indoor Programs Branch, 5 Post Office Square--Suite 100,
Boston, MA. The 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: Susan Lancey, Air Permits, Toxics, and
Indoor Programs Branch, U.S. Environmental Protection Agency, EPA
Region 1, 5 Post Office Square--Suite 100, (Mail code 05-2), Boston, MA
02109-3912, telephone number (617) 918-1656, email
[email protected].
SUPPLEMENTARY INFORMATION: In a letter dated August 14, 2019, EPA
Region 1 suggested that CT DEEP and EPA Region 1 update the protocol
for delegation of NSPS and NESHAPs and develop a delegation MOA between
EPA Region 1 and CT DEEP. The MOA was signed by the Commissioner of CT
DEEP on September 10, 2019 and was signed by the Region 1 Administrator
on October 2, 2019. The MOA summarizes the approved delegation
mechanisms, the procedures for delegation, and the conditions of
delegation. The delegation mechanisms being used for delegation of 40
CFR parts 60, 61, and 63 were previously approved by EPA Region 1 and
have not changed, as described in more detail below in the MOA. The
August 14, 2019 letter provided a list of previously delegated NSPS and
NESHAPs, in order to reconfirm delegation of those standards. In
addition, the letter provided a checklist for CT DEEP to complete and
return to indicate its acceptance of delegation of subsequent standards
in parts 60, 61, and 63 for Title V permitted sources, and to request
delegation for parts 60 and 61 for all sources, including non-Title V
permitted sources. The text of EPA Region 1 and CT DEEP's October 2,
2019 MOA is reproduced below:
Memorandum of Agreement Between Connecticut Department of Energy and
Environmental Protection (CT DEEP) and U.S. EPA Region 1 for Delegation
of National Emissions Standards for Hazardous Air Pollutants (NESHAPs)
and New Source Performance Standards (NSPS)
I. Delegation Mechanisms
On April 23, 1999, EPA approved CT DEEP's delegation mechanism to
accept delegation of the Clean Air Act (CAA) Section 111 and Section
112 federal standards for sources that have obtained a CAA Title V
operating permit. See 64 FR 19922. This Memorandum of Agreement (MOA)
reconfirms the delegation mechanism approved in the April 23, 1999
Federal Register notice for delegation of part 60 NSPS, part 61
NESHAPs, and part 63 NESHAPs for Title V permitted sources upon
issuance of the Title V permit incorporating the applicable standards
for affected sources. EPA's April 23, 1999 approval referenced the
delegation procedures in a letter dated October 7, 1996 from CT DEEP to
EPA Region 1. This MOA revises the delegation procedures contained in
the October 7, 1996 letter and provides revised conditions of
delegation.
CT DEEP can accept delegation of part 60 NSPS and part 61 NESHAPs
for all stationary sources, including non-Title
[[Page 5575]]
V operating permitted sources, under the authority in 22a-174-9 of the
Regulations of the Connecticut State Agencies (RCSA). This delegation
mechanism was approved in a letter dated September 30, 1982 from EPA
Region 1 to CT DEEP, was confirmed in a letter dated December 22, 1994
from EPA Region 1 to CT DEEP, and was again confirmed in a letter dated
November 8, 2018 from CT DEEP to EPA. This MOA reconfirms this
delegation mechanism for part 60 NSPS and part 61 NESHAPs. In addition,
this MOA revises the procedures and conditions of delegation contained
in the September 30, 1982 letter.
II. Procedures for Delegation
1. EPA Region 1 will provide an annual letter to CT DEEP with a
checklist identifying the newly promulgated part 60 NSPS, part 61
NESHAPs, and part 63 NESHAPs standards and amendments to standards
which have been previously delegated.
2. CT DEEP will complete the checklist and return it to EPA Region
1 within 60 days of receipt of the checklist. For each standard, CT
DEEP will indicate whether there are any affected sources in the State.
3. CT DEEP will complete the checklist to indicate whether CT DEEP
requests delegation of part 60 NSPS, part 61 NESHAPs, and part 63
NESHAPs standards for affected sources subject to the Title V operating
permit program. Delegation of a standard for a source subject to a
Title V operating permit occurs upon issuance of the Title V operating
permit incorporating the applicable standards for affected sources.
4. CT DEEP will complete the checklist to indicate which new part
60 NSPS and part 61 NESHAPs standards, if any, for which the CT DEEP is
requesting delegation for all sources.
5. Amendments to standards previously delegated will be
automatically delegated, unless CT DEEP declines delegation in writing
to EPA Region 1 within 60 days of receipt of the annual checklist.
6. Upon receipt of the completed checklist, EPA Region 1 will issue
a letter to the CT DEEP confirming delegation of the federal standards.
7. EPA Region 1 will develop and maintain a list of delegated NSPS
and NESHAPs on the EPA Region 1 website.
III. Conditions of Delegation
1. CT DEEP will assume primary responsibility for enforcement of
delegated NSPS and NESHAPs.
2. CT DEEP will not grant a variance from compliance with
applicable emission standards of NSPS and NESHAPs.
3. CT DEEP will communicate with EPA Region 1 to keep each office
fully informed regarding the current compliance status of subject
sources in Connecticut and interpretation of applicable regulations.
4. CT DEEP will require all NSPS and NESHAPs sources to adhere to
the reporting, monitoring, and recordkeeping requirements specified in
the NSPS and NESHAPs, except as may be modified through Title V
streamlining or other approvals. CT DEEP will describe any Title V
streamlining or alternatives to reporting, monitoring, and
recordkeeping in the Title V Technical Support Document or in
documentation concerning approvals for modifications of reporting,
monitoring and recordkeeping for non-Title V sources.
5. CT DEEP will issue applicability determinations that are routine
in nature and will forward to EPA Region 1 any applicability questions
that are unique or unusually complex. EPA Region 1 will provide
technical assistance as necessary to the CT DEEP.
6. EPA delegates only the authority to approve minor or
intermediate alternatives to test methods and monitoring.\1\ EPA
retains the authority to approve major alternatives to test methods and
monitoring. CT DEEP must maintain a record of all approved alternatives
to all monitoring, testing, recordkeeping, and reporting requirements
and provide this list of alternatives to EPA Region 1 at least semi-
annually.
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\1\ Forty CFR part 63 subpart E, section 63. 91(g) specifies the
part 63 subpart A authorities which may be delegated. In addition,
the EPA document titled ``How to Review and Issue Clean Air Act
Applicability Determinations and Alternative Monitoring'' (EPA 305-
B-99-004, February 1999) specifies that EPA may delegate the
authority to issue minor or intermediate alternatives to test
methods and monitoring for part 60 NSPS and part 61 NESHAPs. This
guidance document and 40 CFR 63.90 provide definitions of minor,
intermediate, and major alternatives to test methods and monitoring.
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7. CT DEEP will follow the process identified in 40 CFR 63.96(b)
for returning delegation of part 61 NESHAPs or part 63 NESHAPs
standards. CT DEEP will notify EPA Region 1 in writing if CT DEEP
intends to return delegation of any part 60 NSPS and will coordinate
with EPA Region 1 on the process required for returning delegation of a
part 60 NSPS standard.
8. CT DEEP will coordinate with EPA Region 1 on the process
required in the event CT DEEP intends to pursue partial delegation of
part 60 NSPS, part 61 NESHAPs, or part 63 NESHAPs standards.
9. If the EPA Regional Administrator determines that CT DEEP is not
adequately implementing or enforcing NSPS or NESHAPs, the Regional
Administrator may revoke delegation of NSPS or NESHAPs in whole or
part.
V. Signatures
For the United States, United States Environmental Protection
Agency, Region 1
Dennis Deziel, Regional Administrator, October 2, 2019
For the State of Connecticut, Department of Energy and
Environmental Protection
Katherine S. Dykes, Commissioner, September 10, 2019
This document informs the public of EPA Region 1 and CT DEEP's
October 2, 2019 Memorandum of Agreement for delegation of NSPS and
NESHAPs. In addition, as specified in the October 2, 2019 MOA, EPA
Region 1 has developed and will maintain a list of NSPS and NESHAP
standards delegated to CT DEEP, available on the https://www.epa.gov/caa-permitting/epa-region-1-state-delegations-federal-new-source-performance-standard-nsps-and website. The list of delegated standards,
the October 2, 2019 MOA, and accompanying letters exchanged between EPA
Region 1 and CT DEEP are also available in the public docket for this
action identified in the ADDRESSES section above.
List of Subjects in 40 CFR Parts 60, 61, and 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: January 15, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2020-01112 Filed 1-30-20; 8:45 am]
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