[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29771-29772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11652]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10024-57-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: On May 17, 2021, 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 17, 2021, EPA sent Virginia a letter acknowledging that 
Virginia's delegation of authority to implement and enforce certain 
Federal NSPS and NESHAPs had been updated.

ADDRESSES: Copies of documents pertaining to this action are available 
for public inspection during normal business hours at the Air & 
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 Mr. Burger can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION: On November 12, 2020, Virginia notified EPA 
that Virginia had updated its incorporation by reference of Federal 
NSPS, NESHAP, and Maximum Available 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, 2020. On May 17, 
2021, EPA sent Virginia a letter acknowledging that Virginia now

[[Page 29772]]

has the authority to implement and enforce the NSPS, NESHAP, and MACT 
standards 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 NSPS, NESHAP, and MACT 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, VA 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 November 12, 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, 2020. 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 November 11, 2020.
    Based on Virginia's submittal, EPA acknowledges that EPA's 
delegations to Virginia of the authority to 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 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 November 11, 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 NSPS, NESHAP, and MACT standards.

    Dated: May 27, 2021.
Cristina Fernandez,
Director, Air & Radiation Division, Region III.
[FR Doc. 2021-11652 Filed 6-2-21; 8:45 am]
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