Delegation of Authority to the Commonwealth of Pennsylvania To Implement and Enforce Additional National Emission Standards for Hazardous Air Pollutants, 30703-30705 [2011-11787]

Download as PDF Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices Dated: May 20, 2011. John Moses, Director, Collection Strategies Division. [FR Doc. 2011–13101 Filed 5–25–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [D–VA–2011–0001; FRL–9305–9] 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 Environmental Protection Agency (EPA). ACTION: Notice of delegation of authority. AGENCY: On April 4, 2011, EPA sent Virginia a letter acknowledging that Virginia’s delegation of authority to implement and enforce National Emission Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) had been updated, as provided for under previously approved delegation mechanisms. To inform regulated facilities and the public of Virginia’s updated delegation of authority to implement and enforce NESHAP and NSPS, EPA is making available a copy of EPA’s letter to Virginia through this notice. DATES: On April 4, 2011, EPA sent Virginia a letter acknowledging that Virginia’s delegation of authority to implement and enforce additional and updated NESHAP and NSPS had been updated. SUMMARY: Copies of documents pertaining to this action are available for public inspection during normal 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. Copies of Virginia’s notice to EPA that Virginia has updated its incorporation by reference of Federal NESHAP and NSPS, and of EPA’s response, may also be found posted on EPA Region III’s Web site at: http:// www.epa.gov/reg3artd/airregulations/ delegate/vadelegation.htm. FOR FURTHER INFORMATION CONTACT: Ray Chalmers, (215) 814–2061, or by e-mail at chalmers.ray@epa.gov. mstockstill on DSK4VPTVN1PROD with NOTICES ADDRESSES: VerDate Mar<15>2010 20:04 May 25, 2011 Jkt 223001 Virginia notified EPA that Virginia has updated its incorporation by reference of Federal NESHAP and NSPS to include many such standards, as they were published in final form in the Federal Code of Federal Regulations dated July 1, 2010. EPA responded by sending Virginia a letter acknowledging that Virginia now has the authority to implement and enforce the NESHAP and NSPS 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 standards must be submitted to both the US EPA Region III and to the Virginia Department of Environmental Quality. A copy of EPA’s letter to Virginia follows: SUPPLEMENTARY INFORMATION: Michael G. Dowd, Air Program Director, 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 National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS), which are found at 40 CFR Parts 60, 61 and 63.1 In those actions, EPA also delegated to Virginia the authority to implement and enforce any future EPA NESHAP or NSPS 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 3, 2011, Virginia informed EPA that Virginia had updated its incorporation by reference of Federal NESHAP and NSPS to include many such standards, as they were published in final form in the Federal Code of Federal Regulations dated July 1, 2010. Virginia noted that its intent in updating its incorporation by reference of the NESHAP and NSPS was to retain the authority to enforce all standards included in the revisions, as per the provisions of EPA’s previous delegation actions. Virginia committed to enforcing the Federal standards in conformance with the terms of EPA’s previous delegations of authority. Virginia made only allowed wording changes. Virginia provided copies of its revised regulations specifying the NESHAP and NSPS which Virginia has adopted by reference. These 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 2, 2011. Accordingly, EPA acknowledges that Virginia now has the authority, as provided 1 EPA has posted copies of these actions at: http://www.epa.gov/reg3artd/airregulations/ delegate/vadelegation.htm. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 30703 for under the terms of EPA’s previous delegation actions, to implement and enforce the NESHAP and NSPS standards which Virginia has adopted by reference in Virginia’s revised regulations 9 VAC 5–50 and 9 VAC 5–60, both effective on March 2, 2011. Please note that on December 19, 2008, in Sierra Club v. EPA,2 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). 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 NESHAP and NSPS enforcement efforts, and also Virginia’s decision to take automatic delegation of additional and more recent NESHAP and NSPS by adopting them by reference. Sincerely, Diana Esher, Director, Air Protection Division. This notice acknowledges the update of Virginia’s delegation of authority to implement and enforce NESHAP and NSPS. Dated: April 26, 2011. Diana Esher, Director, Air Protection Division, Region III. [FR Doc. 2011–11823 Filed 5–25–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [D–PA–2011–0001; FRL–9305–8] Delegation of Authority to the Commonwealth of Pennsylvania To Implement and Enforce Additional National Emission Standards for Hazardous Air Pollutants Environmental Protection Agency (EPA). ACTION: Notice of delegation of authority. AGENCY: Pennsylvania has requested that EPA delegate to Pennsylvania the authority to implement and enforce twelve additional National Emission SUMMARY: 2 Sierra Club v. EPA, 551 F.3rd 1019 (DC Cir. 2008). E:\FR\FM\26MYN1.SGM 26MYN1 30704 Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices Standards for Hazardous Air Pollutants (NESHAP) for area sources, and EPA has responded by sending Pennsylvania a letter approving this delegation, pursuant to previously approved delegation mechanisms. To inform regulated facilities and the public of EPA’s delegation to Pennsylvania of the authority to implement and enforce these twelve additional NESHAP for area sources, EPA is making available a copy of EPA’s letter to Pennsylvania through this notice. On January 5, 2011, EPA sent Pennsylvania a letter acknowledging the delegation to Pennsylvania of the authority to implement and enforce twelve additional NESHAP for area sources. DATES: Copies of documents pertaining to this action are available for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103– 2029. Copies of Pennsylvania’s submittal are also available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. Copies of Pennsylvania’s request for the delegation of authority to implement additional NESHAP (except for the appendices to that request) and of EPA’s response, may also be found posted on EPA Region III’s Web site at: http://www.epa.gov/reg3artd/ airregulations/delegate/ padelegation.htm. ADDRESSES: Ray Chalmers, (215) 814–2061, or by e-mail at chalmers.ray@epa.gov. mstockstill on DSK4VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Pennsylvania requested that EPA delegate to Pennsylvania the authority to implement and enforce twelve additional NESHAP for area sources. On January 5, 2011, EPA sent Pennsylvania a letter informing Pennsylvania that EPA had delegated to the Commonwealth the authority to implement and enforce these twelve additional NESHAP for area sources, pursuant to previously approved delegation mechanisms. All notifications, applications, reports and other correspondence required pursuant to the newly delegated standards must be submitted to both the US EPA Region III and to the Pennsylvania Department of Environmental Protection. A copy of EPA’s letter to Pennsylvania follows: ‘‘Ms. Joyce E. Epps, Esquire Director of Air Quality VerDate Mar<15>2010 20:04 May 25, 2011 Jkt 223001 Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8468 Harrisburg, PA 17105–8468 Dear Ms. Epps: The Environmental Protection Agency (EPA) has previously delegated to the Commonwealth of Pennsylvania (Pennsylvania) the authority to implement and enforce numerous specified Federal National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS), which are found at 40 CFR Parts 60, 61 and 63.1 In those actions EPA also automatically delegated to Pennsylvania the authority to implement and enforce future NESHAP applicable to major sources, future changes to any of the specific NESHAP applicable to area sources that Pennsylvania had been delegated the authority to implement and enforce, and any future NSPS requirements. EPA also previously approved processes by which Pennsylvania may easily request and quickly receive delegation of authority to implement and enforce additional NESHAP applicable to area sources. As part of Pennsylvania’s Title V Operating Permits Program approval,2 EPA promulgated full approval under CAA section 112(l)(5) and 40 CFR 63.91 of the State’s program for receiving delegation of the CAA section 112 standards that are unchanged from Federal standards as promulgated in 40 CFR part 63. That approval allows Pennsylvania to request and receive delegation of NESHAP for sources covered by the 40 CFR part 70 program, including area sources which are subject to NESHAP which require area sources to obtain part 70 program permits. In addition, EPA has separately approved a mechanism by which Pennsylvania may request and receive delegation of any additional NESHAP applicable to area sources which are not covered by the 40 CFR part 70 operating permits program.3 That mechanism is for Pennsylvania to adopt the additional NESHAP applicable to area sources without changes and to send EPA a letter requesting delegation of those additional NESHAP. In a letter dated December 10, 2009, Pennsylvania requested delegation of authority, by reference, to implement and enforce NESHAP as codified in 40 CFR Part 63 for the following source categories: (1) Subpart AAAA (relating to municipal solid waste landfills); (2) Subpart BBBBBB (relating to gasoline bulk terminals, bulk plants and pipeline facilities); (3) Subpart EEE (relating hazardous waste combustion; (4) Subpart LLL (relating to Portland cement manufacturing industry; (5) Subpart NNNNNN (relating to chromium compounds), (6) Subpart OOOOOO (relating to flexible polyurethane foam fabrication and production area sources; (7) Subpart PPPPPP (relating to lead acid battery manufacturing area sources; (8) Subpart SSSSSS (relating to 1 EPA has posted copies of these actions at: http://www.epa.gov/reg3artd/airregulations/ delegate/padelegation.htm 2 61 FR 39597 (July 30, 1996) 3 66 FR 47579 (September 13, 2001) PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 glass manufacturing area sources); (10) Subpart TTTTTT (relating to secondary nonferrous metals processing area sources; (11) Subpart YYYYY (relating to electric arc furnace steelmaking facilities, and (12) Subpart ZZZZZ (relating to iron and steel foundries area sources). Pennsylvania also requested ‘‘automatic delegation’’ of future amendments to these NESHAP. In its delegation request letter Pennsylvania confirmed that the EPA rules in 40 CFR Part 63 ‘‘are applicable, without revisions, to affected sources in Pennsylvania on the effective dates published in the Federal Register.’’ Pennsylvania also confirmed that it continues to have adequate legal authority to implement and enforce such Federal rules. Pennsylvania’s December 10, 2009 request for delegation of authority to implement and enforce additional Federal NESHAP is approvable under the previously approved delegation processes discussed above. Accordingly, EPA hereby delegates to Pennsylvania the authority to implement and enforce the additional NESHAP for which Pennsylvania requested delegation in its December 10, 2009 submittal. Please note that on December 19, 2008, in Sierra Club v. EPA,4 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). 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 Pennsylvania incorporates 40 CFR Part 63 by reference, Pennsylvania 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 Pennsylvania’s continuing NESHAP and NSPS enforcement efforts, and also Pennsylvania’s decision to request delegation of additional NESHAP. Sincerely, Diana Esher, Director Air Protection Division’’ In the above letter EPA approved Pennsylvania’s December 10, 2009 request for delegation of additional NESHAP for area sources in its entirety. EPA erred in that letter in not listing one of the additional NESHAP for which Pennsylvania had requested delegation, NESHAP Subpart RRRRRR for Clay Ceramics Manufacturing Area Sources. To address this oversight, EPA sent Pennsylvania a subsequent letter on April 4, 2011 confirming that EPA’s approval of Pennsylvania’s December 10, 2009 request for delegation had 4 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008) E:\FR\FM\26MYN1.SGM 26MYN1 Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices included approval of the delegation of NESHAP Subpart RRRRRR and of any future amendments to Subpart RRRRRR. A copy of that letter is provided as follows: ‘‘Ms. Joyce E. Epps, Director Bureau of Air Quality Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8468 Harrisburg, PA 17105–8468 mstockstill on DSK4VPTVN1PROD with NOTICES Diana Esher, Director Air Protection Division’’ This notice confirms EPA’s delegation to Pennsylvania of the authority to implement and enforce additional NESHAP. VerDate Mar<15>2010 20:04 May 25, 2011 Jkt 223001 EPA is announcing the availability of a final report titled, ‘‘Problem Formulation for Human Health Risk Assessments of Pathogens in Land-Applied Biosolids’’ EPA/600/R– 08/035F, which was prepared by the National Center for Environmental Assessment (NCEA) within EPA’s Office of Research and Development (ORD). DATES: This document will be available on or about May 26, 2011. ADDRESSES: The document will be available electronically through the NCEA Web site at http://www.epa.gov/ ncea. A limited number of paper copies will be available from the EPA’s National Service Center for Environmental Publications (NSCEP), P.O. Box 42419, Cincinnati, OH 45242; telephone: 1–800–490–9198; facsimile: 301–604–3408; e-mail: nscep@bpslmit.com. Please provide your name, your mailing address, the title and the EPA number of the requested publication. FOR FURTHER INFORMATION CONTACT: The Information Management Team, National Center for Environmental Assessment (8601P), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Telephone: 703–347–8561; fax: 703–347–8691; e-mail: nceadc.comment@epa.gov. SUPPLEMENTARY INFORMATION: This document may be useful to Federal, State or local risk assessors and managers, contractors, or other parties interested in conducting microbial risk assessments on land-applied biosolids. In particular, this document provides concepts and planning considerations for conducting human health risk assessments on potential pathogens in land-applied biosolids. The document does not represent guidance, nor does it constitute a risk assessment for pathogens in land-applied biosolids. As one component of U.S. EPA’s action plan for its biosolids program (http:// cfpub.epa.gov/ncea/cfm/ recordisplay.cfm?deid=231964), this document summarizes the existing literature; defines critical pathogen stressors; develops conceptual models linking the most likely stressors, SUMMARY: Sincerely, BILLING CODE 6560–50–P Problem Formulation for Human Health Risk Assessments of Pathogens in Land-Applied Biosolids Environmental Protection Agency (EPA). ACTION: Notice of availability. On January 5, 2011, the U.S. Environmental Protection Agency (EPA) delegated to Pennsylvania the authority to implement and enforce all of the additional National Emissions Standards for Hazardous Air Pollutants (NESHAP) for which Pennsylvania had requested delegation in a December 10, 2009 submittal. EPA granted this delegation pursuant to previously approved delegation mechanisms. In EPA’s January 5, 2011 approval EPA listed for reference the additional NESHAP for which Pennsylvania had requested delegation in its December 10, 2009 submittal. EPA has since noted that its listing was incomplete in that it did not include one of the NESHAP for which Pennsylvania had requested delegation, NESHAP Subpart RRRRRR for Clay Ceramics Manufacturing Area Sources. This is to confirm that EPA’s January 5, 2011 approval of Pennsylvania’s December 10, 2009 request for delegation of authority to implement and enforce additional NESHAP also delegated to Pennsylvania the authority to implement and enforce NESHAP Subpart RRRRRR for Clay Ceramics Manufacturing Area Sources. EPA appreciates Pennsylvania’s continuing efforts to implement and enforce all delegated NESHAP. If you have any questions, please contact me at 814–2706 or Ray Chalmers of my staff at 215–814–2061. [FR Doc. 2011–11787 Filed 5–25–11; 8:45 am] [FRL–9311–4] AGENCY: Dear Ms. Epps: Dated: April 26, 2011. Diana Esher, Director, Air Protection Division, Region III. ENVIRONMENTAL PROTECTION AGENCY PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 30705 pathways and health responses of concern; evaluates the overall quality and utility of available risk assessment data; highlights existing tools and methodologies; and provides an outline of an Analysis Plan that identifies gaps in knowledge and research and methods needed to provide more scientifically defensible assessments relevant to U.S. EPA’s decision needs. The document has been updated and revised by EPA based on comments received from the public and an independent, external panel of scientific experts (73 FR 54400). Dated: May 18, 2011. Darrell A. Winner, Acting Director, National Center for Environmental Assessment. [FR Doc. 2011–13106 Filed 5–25–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9311–5] Gulf of Mexico Citizen Advisory Committee; Request for Nominations to the Gulf of Mexico Citizen Advisory Committee (GMCAC) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The U.S. Environmental Protection Agency (EPA), invites nominations from a diverse range of qualified candidates to be considered for appointment to the Gulf of Mexico Citizen Advisory Committee (GMCAC). Vacancies are anticipated to be filled by August 30, 2011. Sources in addition to this Federal Register Notice may also be utilized in soliciting nominees. Background: The GMCAC is a Federal advisory committee chartered under the Federal Advisory Committee Act (FACA), Public Law 920463 5 U.S.C. App.2. EPA is establishing the Gulf of Mexico Citizen Advisory Committee (GMCAC) to provide independent citizen advice to the EPA Administrator on a broad range of environmental issues affecting the five Gulf of Mexico Coastal States. Members serve as representatives of citizens and citizen groups. Members are appointed by the EPA Administrator for a two or threeyear term with a possibility of reappointment to a second term. The GMCAC usually is expected to meet as needed, but at least quarterly, and the average workload for the members is approximately 3 to 5 hours per month. EPA may provide reimbursement for travel and other incidental expenses SUMMARY: E:\FR\FM\26MYN1.SGM 26MYN1

Agencies

[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Pages 30703-30705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11787]


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ENVIRONMENTAL PROTECTION AGENCY

[D-PA-2011-0001; FRL-9305-8]


Delegation of Authority to the Commonwealth of Pennsylvania To 
Implement and Enforce Additional National Emission Standards for 
Hazardous Air Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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

SUMMARY: Pennsylvania has requested that EPA delegate to Pennsylvania 
the authority to implement and enforce twelve additional National 
Emission

[[Page 30704]]

Standards for Hazardous Air Pollutants (NESHAP) for area sources, and 
EPA has responded by sending Pennsylvania a letter approving this 
delegation, pursuant to previously approved delegation mechanisms. To 
inform regulated facilities and the public of EPA's delegation to 
Pennsylvania of the authority to implement and enforce these twelve 
additional NESHAP for area sources, EPA is making available a copy of 
EPA's letter to Pennsylvania through this notice.

DATES: On January 5, 2011, EPA sent Pennsylvania a letter acknowledging 
the delegation to Pennsylvania of the authority to implement and 
enforce twelve additional NESHAP for area sources.

ADDRESSES: Copies of documents pertaining to this action are available 
for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103-2029. Copies of 
Pennsylvania's submittal are also available at the Pennsylvania 
Department of Environmental Protection, Bureau of Air Quality Control, 
P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. 
Copies of Pennsylvania's request for the delegation of authority to 
implement additional NESHAP (except for the appendices to that request) 
and of EPA's response, may also be found posted on EPA Region III's Web 
site at: http://www.epa.gov/reg3artd/airregulations/delegate/padelegation.htm.

FOR FURTHER INFORMATION CONTACT: Ray Chalmers, (215) 814-2061, or by e-
mail at chalmers.ray@epa.gov.

SUPPLEMENTARY INFORMATION: Pennsylvania requested that EPA delegate to 
Pennsylvania the authority to implement and enforce twelve additional 
NESHAP for area sources. On January 5, 2011, EPA sent Pennsylvania a 
letter informing Pennsylvania that EPA had delegated to the 
Commonwealth the authority to implement and enforce these twelve 
additional NESHAP for area sources, pursuant to previously approved 
delegation mechanisms. All notifications, applications, reports and 
other correspondence required pursuant to the newly delegated standards 
must be submitted to both the US EPA Region III and to the Pennsylvania 
Department of Environmental Protection. A copy of EPA's letter to 
Pennsylvania follows:

``Ms. Joyce E. Epps, Esquire
Director of Air Quality
Pennsylvania Department of Environmental Protection
Rachel Carson State Office Building
P.O. Box 8468
Harrisburg, PA 17105-8468

Dear Ms. Epps:

    The Environmental Protection Agency (EPA) has previously 
delegated to the Commonwealth of Pennsylvania (Pennsylvania) the 
authority to implement and enforce numerous specified Federal 
National Emissions Standards for Hazardous Air Pollutants (NESHAP) 
and New Source Performance Standards (NSPS), which are found at 40 
CFR Parts 60, 61 and 63.\1\ In those actions EPA also automatically 
delegated to Pennsylvania the authority to implement and enforce 
future NESHAP applicable to major sources, future changes to any of 
the specific NESHAP applicable to area sources that Pennsylvania had 
been delegated the authority to implement and enforce, and any 
future NSPS requirements.
---------------------------------------------------------------------------

    \1\ EPA has posted copies of these actions at: http://www.epa.gov/reg3artd/airregulations/delegate/padelegation.htm
---------------------------------------------------------------------------

    EPA also previously approved processes by which Pennsylvania may 
easily request and quickly receive delegation of authority to 
implement and enforce additional NESHAP applicable to area sources. 
As part of Pennsylvania's Title V Operating Permits Program 
approval,\2\ EPA promulgated full approval under CAA section 
112(l)(5) and 40 CFR 63.91 of the State's program for receiving 
delegation of the CAA section 112 standards that are unchanged from 
Federal standards as promulgated in 40 CFR part 63. That approval 
allows Pennsylvania to request and receive delegation of NESHAP for 
sources covered by the 40 CFR part 70 program, including area 
sources which are subject to NESHAP which require area sources to 
obtain part 70 program permits. In addition, EPA has separately 
approved a mechanism by which Pennsylvania may request and receive 
delegation of any additional NESHAP applicable to area sources which 
are not covered by the 40 CFR part 70 operating permits program.\3\ 
That mechanism is for Pennsylvania to adopt the additional NESHAP 
applicable to area sources without changes and to send EPA a letter 
requesting delegation of those additional NESHAP.
---------------------------------------------------------------------------

    \2\ 61 FR 39597 (July 30, 1996)
    \3\ 66 FR 47579 (September 13, 2001)
---------------------------------------------------------------------------

    In a letter dated December 10, 2009, Pennsylvania requested 
delegation of authority, by reference, to implement and enforce 
NESHAP as codified in 40 CFR Part 63 for the following source 
categories: (1) Subpart AAAA (relating to municipal solid waste 
landfills); (2) Subpart BBBBBB (relating to gasoline bulk terminals, 
bulk plants and pipeline facilities); (3) Subpart EEE (relating 
hazardous waste combustion; (4) Subpart LLL (relating to Portland 
cement manufacturing industry; (5) Subpart NNNNNN (relating to 
chromium compounds), (6) Subpart OOOOOO (relating to flexible 
polyurethane foam fabrication and production area sources; (7) 
Subpart PPPPPP (relating to lead acid battery manufacturing area 
sources; (8) Subpart SSSSSS (relating to glass manufacturing area 
sources); (10) Subpart TTTTTT (relating to secondary nonferrous 
metals processing area sources; (11) Subpart YYYYY (relating to 
electric arc furnace steelmaking facilities, and (12) Subpart ZZZZZ 
(relating to iron and steel foundries area sources). Pennsylvania 
also requested ``automatic delegation'' of future amendments to 
these NESHAP.
    In its delegation request letter Pennsylvania confirmed that the 
EPA rules in 40 CFR Part 63 ``are applicable, without revisions, to 
affected sources in Pennsylvania on the effective dates published in 
the Federal Register.'' Pennsylvania also confirmed that it 
continues to have adequate legal authority to implement and enforce 
such Federal rules.
    Pennsylvania's December 10, 2009 request for delegation of 
authority to implement and enforce additional Federal NESHAP is 
approvable under the previously approved delegation processes 
discussed above. Accordingly, EPA hereby delegates to Pennsylvania 
the authority to implement and enforce the additional NESHAP for 
which Pennsylvania requested delegation in its December 10, 2009 
submittal.
    Please note that on December 19, 2008, in Sierra Club v. EPA,\4\ 
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 
Sec.  63.6(f)(1) and (h)(1).
---------------------------------------------------------------------------

    \4\ 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 Sec.  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 Pennsylvania incorporates 40 CFR Part 63 by reference, 
Pennsylvania 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 Pennsylvania's continuing NESHAP and NSPS 
enforcement efforts, and also Pennsylvania's decision to request 
delegation of additional NESHAP.

    Sincerely,
Diana Esher, Director
Air Protection Division''

    In the above letter EPA approved Pennsylvania's December 10, 2009 
request for delegation of additional NESHAP for area sources in its 
entirety. EPA erred in that letter in not listing one of the additional 
NESHAP for which Pennsylvania had requested delegation, NESHAP Subpart 
RRRRRR for Clay Ceramics Manufacturing Area Sources. To address this 
oversight, EPA sent Pennsylvania a subsequent letter on April 4, 2011 
confirming that EPA's approval of Pennsylvania's December 10, 2009 
request for delegation had

[[Page 30705]]

included approval of the delegation of NESHAP Subpart RRRRRR and of any 
future amendments to Subpart RRRRRR. A copy of that letter is provided 
as follows:

``Ms. Joyce E. Epps, Director
Bureau of Air Quality
Pennsylvania Department of Environmental Protection
Rachel Carson State Office Building
P.O. Box 8468
Harrisburg, PA 17105-8468

Dear Ms. Epps:

    On January 5, 2011, the U.S. Environmental Protection Agency (EPA) 
delegated to Pennsylvania the authority to implement and enforce all of 
the additional National Emissions Standards for Hazardous Air 
Pollutants (NESHAP) for which Pennsylvania had requested delegation in 
a December 10, 2009 submittal. EPA granted this delegation pursuant to 
previously approved delegation mechanisms.
    In EPA's January 5, 2011 approval EPA listed for reference the 
additional NESHAP for which Pennsylvania had requested delegation in 
its December 10, 2009 submittal. EPA has since noted that its listing 
was incomplete in that it did not include one of the NESHAP for which 
Pennsylvania had requested delegation, NESHAP Subpart RRRRRR for Clay 
Ceramics Manufacturing Area Sources.
    This is to confirm that EPA's January 5, 2011 approval of 
Pennsylvania's December 10, 2009 request for delegation of authority to 
implement and enforce additional NESHAP also delegated to Pennsylvania 
the authority to implement and enforce NESHAP Subpart RRRRRR for Clay 
Ceramics Manufacturing Area Sources.
    EPA appreciates Pennsylvania's continuing efforts to implement and 
enforce all delegated NESHAP. If you have any questions, please contact 
me at 814-2706 or Ray Chalmers of my staff at 215-814-2061.

    Sincerely,

Diana Esher, Director
Air Protection Division''

    This notice confirms EPA's delegation to Pennsylvania of the 
authority to implement and enforce additional NESHAP.

    Dated: April 26, 2011.
Diana Esher,
Director, Air Protection Division, Region III.
[FR Doc. 2011-11787 Filed 5-25-11; 8:45 am]
BILLING CODE 6560-50-P