Delegation of Authority to the Commonwealth of Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants Standards, 44410-44411 [2017-20322]

Download as PDF 44410 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices Project, Comment Period Ends: 10/30/ 2017, Contact: Anne Davy 406–273– 1836. Revision to FR Notice Published 09/15/2017; Correcting Lead Agency from AFS to USFS. Dated: September 19, 2017. Kelly Knight, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. 2017–20282 Filed 9–21–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [9966–15–OEI] Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of Arizona Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: This notice announces EPA’s approval of the State of Arizona’s request to revise its National Primary Drinking Water Regulations Implementation EPA-authorized program to allow electronic reporting. DATES: EPA approves the authorized program revision for the State of Arizona’s National Primary Drinking Water Regulations Implementation program as of October 23, 2017, if no timely request for a public hearing is received and accepted by the Agency. FOR FURTHER INFORMATION CONTACT: Karen Seeh, U.S. Environmental Protection Agency, Office of Environmental Information, Mail Stop 2823T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566–1175, seeh.karen@epa.gov. SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media Electronic Reporting Rule (CROMERR) was published in the Federal Register (70 FR 59848) and codified as part 3 of title 40 of the CFR. CROMERR establishes electronic reporting as an acceptable regulatory alternative to paper reporting and establishes requirements to assure that electronic documents are as legally dependable as their paper counterparts. Subpart D of CROMERR requires that state, tribal or local government agencies that receive, or wish to begin receiving, electronic reports under their EPA-authorized programs must apply to EPA for a revision or modification of those programs and obtain EPA approval. Subpart D provides standards for such approvals based on consideration of the electronic document receiving systems that the state, tribe, or local government SUMMARY: VerDate Sep<11>2014 18:11 Sep 21, 2017 Jkt 241001 will use to implement the electronic reporting. Additionally, § 3.1000(b) through (e) of 40 CFR part 3, subpart D provides special procedures for program revisions and modifications to allow electronic reporting, to be used at the option of the state, tribe or local government in place of procedures available under existing programspecific authorization regulations. An application submitted under the subpart D procedures must show that the state, tribe or local government has sufficient legal authority to implement the electronic reporting components of the programs covered by the application and will use electronic document receiving systems that meet the applicable subpart D requirements. On July 26, 2017, the Arizona Department of Environmental Quality (ADEQ) submitted an application titled ‘‘Compliance Monitoring Data Portal’’ for revision to its EPA-approved drinking water program under title 40 CFR to allow new electronic reporting. EPA reviewed ADEQ’s request to revise its EPA-authorized program and, based on this review, EPA determined that the application met the standards for approval of authorized program revision set out in 40 CFR part 3, subpart D. In accordance with 40 CFR 3.1000(d), this notice of EPA’s decision to approve Arizona’s request to revise its Part 142— National Primary Drinking Water Regulations Implementation program to allow electronic reporting under 40 CFR part 141 is being published in the Federal Register. ADEQ was notified of EPA’s determination to approve its application with respect to the authorized program listed above. Also, in today’s notice, EPA is informing interested persons that they may request a public hearing on EPA’s action to approve the State of Arizona’s request to revise its authorized public water system program under 40 CFR part 142, in accordance with 40 CFR 3.1000(f). Requests for a hearing must be submitted to EPA within 30 days of publication of today’s Federal Register notice. Such requests should include the following information: (1) The name, address and telephone number of the individual, organization or other entity requesting a hearing; (2) A brief statement of the requesting person’s interest in EPA’s determination, a brief explanation as to why EPA should hold a hearing, and any other information that the requesting person wants EPA to consider when determining whether to grant the request; (3) The signature of the individual making the request, or, if the request is PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity. In the event a hearing is requested and granted, EPA will provide notice of the hearing in the Federal Register not less than 15 days prior to the scheduled hearing date. Frivolous or insubstantial requests for hearing may be denied by EPA. Following such a public hearing, EPA will review the record of the hearing and issue an order either affirming today’s determination or rescinding such determination. If no timely request for a hearing is received and granted, EPA’s approval of the State of Arizona’s request to revise its part 142—National Primary Drinking Water Regulations Implementation program to allow electronic reporting will become effective 30 days after today’s notice is published, pursuant to CROMERR section 3.1000(f)(4). Matthew Leopard, Director, Office of Information Management. [FR Doc. 2017–20275 Filed 9–21–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9967–87–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 Environmental Protection Agency (EPA). ACTION: Notice of delegation of authority. AGENCY: On May 11, 2017, 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 11, 2017, 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 SUMMARY: E:\FR\FM\22SEN1.SGM 22SEN1 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103– 2029. Copies of Virginia’s submittal are also available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Emily Linn, (215) 814-5273, or by email at linn.emily@epa.gov. SUPPLEMENTARY INFORMATION: On February 27, 2017, Virginia notified EPA that Virginia had updated its incorporation by reference of federal NESHAPs to include many such standards, as they were published in final form in the Code of Federal Regulations dated July 1, 2016. On May 11, 2017, 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 the 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 February 27, 2017, Virginia submitted to EPA revised versions of Virginia’s regulations which incorporate by reference specified federal NSPS, NESHAP and MACT standards, as those federal VerDate Sep<11>2014 18:11 Sep 21, 2017 Jkt 241001 standards had been published in final form in the Code of Federal Regulations dated July 1, 2016. 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 February 22, 2017. Virginia stated in its submittal letter that ‘‘Virginia may not accept delegation of a standard based on an assessment of implementation and enforcement commitments. The following standard is affected at this time: Subpart OOOOa, Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification, or Reconstruction Commenced after September 18, 2015. . . .’’ Virginia further explained regarding Subpart 0000a that ‘‘[a]uthority to enforce this standard is being retained by EPA and it is not incorporated by reference into the Virginia regulations for any source that is not (i) a major source as defined in 9VAC5–80– 60 and subject to Article 1, Federal Operating Permits for Stationary Sources, or (ii) an affected source as defined in 9VAC5–80–370 and subject to Article 3, Federal Operating Permits for Acid Rain Sources, of Part II of 9VAC5–80 (Permits for Stationary Sources).’’ In the regulations that it submitted Virginia also indicates various other EPA standards that the State had previously chosen not to adopt by reference or had chosen to adopt by reference only for certain specified sizes, etc. of sources. Based on Virginia’s submittal, EPA acknowledges that EPA’s delegations to Virginia of the authority 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 the 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 February 22, 2017. 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 1 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008). PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 44411 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). 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 Protection Division. This notice acknowledges the update of Virginia’s delegation of authority to implement and enforce NESHAP and NSPS. Dated: September 6, 2017. Cristina Fernandez, Director, Air Protection Division, Region III. [FR Doc. 2017–20322 Filed 9–21–17; 8:45 am] BILLING CODE 6560–50–P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the E:\FR\FM\22SEN1.SGM 22SEN1

Agencies

[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44410-44411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20322]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9967-87-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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

-----------------------------------------------------------------------

SUMMARY: On May 11, 2017, 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 11, 2017, 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

[[Page 44411]]

business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103-2029. Copies of Virginia's submittal are also 
available at the Virginia Department of Environmental Quality, 629 East 
Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Emily Linn, (215) 814[dash]5273, or by 
email at linn.emily@epa.gov.

SUPPLEMENTARY INFORMATION: On February 27, 2017, Virginia notified EPA 
that Virginia had updated its incorporation by reference of federal 
NESHAPs to include many such standards, as they were published in final 
form in the Code of Federal Regulations dated July 1, 2016. On May 11, 
2017, 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 the 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 February 27, 2017, 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, 2016. 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 February 22, 2017.
    Virginia stated in its submittal letter that ``Virginia may not 
accept delegation of a standard based on an assessment of 
implementation and enforcement commitments. The following standard 
is affected at this time: Subpart OOOOa, Standards of Performance 
for Crude Oil and Natural Gas Facilities for which Construction, 
Modification, or Reconstruction Commenced after September 18, 2015. 
. . .''
    Virginia further explained regarding Subpart 0000a that 
``[a]uthority to enforce this standard is being retained by EPA and 
it is not incorporated by reference into the Virginia regulations 
for any source that is not (i) a major source as defined in 9VAC5-
80-60 and subject to Article 1, Federal Operating Permits for 
Stationary Sources, or (ii) an affected source as defined in 9VAC5-
80-370 and subject to Article 3, Federal Operating Permits for Acid 
Rain Sources, of Part II of 9VAC5-80 (Permits for Stationary 
Sources).''
    In the regulations that it submitted Virginia also indicates 
various other EPA standards that the State had previously chosen not 
to adopt by reference or had chosen to adopt by reference only for 
certain specified sizes, etc. of sources.
    Based on Virginia's submittal, EPA acknowledges that EPA's 
delegations to Virginia of the authority 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 the 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 February 22, 2017.
    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 Protection Division.

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

    Dated: September 6, 2017.
Cristina Fernandez,
Director, Air Protection Division, Region III.
[FR Doc. 2017-20322 Filed 9-21-17; 8:45 am]
 BILLING CODE 6560-50-P
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