Notice2023-26440
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
Primary source
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Published
December 1, 2023
Issuing agencies
Environmental Protection Agency
Abstract
On October 24, 2023, 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.
Full Text
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<title>Federal Register, Volume 88 Issue 230 (Friday, December 1, 2023)</title>
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[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Page 83939]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26440]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-11578-01-R3]
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 October 24, 2023, 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 24, 2023, 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,
1600 John F. Kennedy Blvd., 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: Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, Four Penn Center, 1600 JFK Boulevard, Philadelphia, Pennsylvania
19103. The telephone number is (215) 814-2339, or Mr. He can also be
reached via electronic mail at <a href="/cdn-cgi/l/email-protection#f2ba97dcab9d9c95869b939cb2978293dc959d84"><span class="__cf_email__" data-cfemail="6c2409423503020b18050d022c091c0d420b031a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On March 16, 2023, 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, 2022. On October
24, 2023, EPA sent Virginia a letter acknowledging that Virginia now
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 March 16, 2023, 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, 2022. 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 15, 2023.
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 March 15, 2023.
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.
Cristina Fernandez,
Director, Air and Radiation Division, Region III.
[FR Doc. 2023-26440 Filed 11-30-23; 8:45 am]
BILLING CODE 6560-50-P
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