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
| Published date | 03 June 2021 |
| Citation | 86 FR 29771 |
| Record Number | 2021-11652 |
| Section | Notices |
| Court | Environmental Protection Agency |
Federal Register, Volume 86 Issue 105 (Thursday, June 3, 2021)
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\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 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]
BILLING CODE 6560-50-P
