[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5188-5189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00964]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10016-80-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 and New Source Performance 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: On October 8, 2020, 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 October 8, 2020, 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 and 
Radiation Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, PA 19103-2029. Copies of Virginia's 
submittal are also available at the Virginia Department of 
Environmental Quality, 1111 East Main Street, Richmond, VA 23219.

FOR FURTHER INFORMATION CONTACT: Riley Burger, Permits Branch (3AD10), 
Air & Radiation Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, PA 19103. The telephone number is 
(215) 814 2217, or by Mr. Burger can also be reached via electronic 
mail at [email protected].

SUPPLEMENTARY INFORMATION: On March 5, 2020, Virginia notified EPA that 
Virginia had updated its incorporation by reference of Federal NESHAP, 
NSPS, and Maximum Achievable Control Technology (MACT) standards to 
include many such standards, as they were published in final form in 
the Code of Federal Regulations (CFR) dated July 1, 2019. On October 8, 
2020, 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 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 March 5, 2020, 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, 2019. 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 March 4, 
2020.
    Based on Virginia's submittal, EPA acknowledges that EPA's 
delegations to Virginia of the authority to implement

[[Page 5189]]

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 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 March 4, 2020.
    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 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 and Radiation Division''

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

    Dated: November 17, 2020.
Cristina Fernandez,
Director, Air and Radiation Division, Region III.
[FR Doc. 2021-00964 Filed 1-15-21; 8:45 am]
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