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, 38446-38447 [2015-16516]

Download as PDF Lhorne on DSK7TPTVN1PROD with NOTICES 38446 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices 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 January 4, 2010, the Kansas Department of Health and Environment (KDHE) submitted an application titled ‘‘Department of Health and Environment Enterprise System’’ for revisions/modifications of its EPAauthorized programs under title 40 CFR. EPA reviewed KDHE’s request to revise/ modify its EPA-authorized programs and, based on this review, EPA determined that the application met the standards for approval of authorized program revisions/modifications 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 Kansas’ request to revise/modify its following EPA-authorized programs to allow electronic reporting under 40 CFR parts 51, 70–71, 122, 141, 144, 146, 257, 258, 262, 264–266, 268, 270, 403, 412, and 437, is being published in the Federal Register: Part 52—Approval and Promulgation of Implementation Plans; Part 70—State Operating Permit Programs; Part 71—Federal Operating Permit Programs; Part 123—EPA Administered Permit Programs: The National Pollutant Discharge Elimination System; Part 142—National Primary Drinking Water Regulations Implementation; Part 145—State Underground Injection Control Programs; Part 239—Requirements for State Permit Program Determination of Adequacy; Part 272—Approved State Hazardous Waste Management Programs; Part 403—General Pretreatment Regulations for Existing and New Sources of Pollution; and Part 437—The Centralized Waste Treatment Point Source Category. KDHE was notified of EPA’s determination to approve its application with respect to the authorized programs listed above. Also, in this notice, EPA is informing interested persons that they may request a public hearing on EPA’s action to approve the State of Kansas’ 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 VerDate Sep<11>2014 14:37 Jul 02, 2015 Jkt 235001 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 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 Kansas’ 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 Collection. [FR Doc. 2015–16314 Filed 7–2–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9930–07–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 Environmental Protection Agency (EPA). ACTION: Notice of delegation of authority. AGENCY: On May 7, 2015, the Environmental Protection Agency (EPA) sent the Commonwealth of Virginia (Virginia) a letter acknowledging that Virginia’s delegation of authority to implement and enforce National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) had been SUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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 May 7, 2015, EPA sent Virginia a letter acknowledging that Virginia’s delegation of authority to implement and enforce NESHAP and NSPS had been updated. 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 Virginia’s submittal are also available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Ray Chalmers, (215) 814–2061, or by email at chalmers.ray@epa.gov. SUPPLEMENTARY INFORMATION: On March 12, 2015, Virginia notified 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 Code of Federal Regulations dated July 1, 2014. On May 7, 2015, EPA sent 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 NESHAP and NSPS must be submitted to both the US 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, 629 East Main Street, P.O. Box 1105, Richmond, Virginia 23218 Dear Mr. Dowd: The United States Environmental Protection Agency (EPA) has previously delegated to the Commonwealth of E:\FR\FM\06JYN1.SGM 06JYN1 Lhorne on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices 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 12, 2015, 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 Code of Federal Regulations dated July 1, 2014. 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 11, 2015. Accordingly, EPA acknowledges that Virginia now has the authority, as provided 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 11, 2015. 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). 1 EPA has posted copies of these actions at: http://www.epa.gov/reg3artd/airregulations/ delegate/vadelegation.htm. 2 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008). VerDate Sep<11>2014 14:37 Jul 02, 2015 Jkt 235001 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 v. 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: June 18, 2015. Diana Esher, Director, Air Protection Division, Region III. [FR Doc. 2015–16516 Filed 7–2–15; 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 standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 38447 noted, nonbanking activities will be conducted throughout the United States. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than July 30, 2015. A. Federal Reserve Bank of Cleveland (Nadine Wallman, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101–2566: 1. The Old Fort Banking Company Employee Stock Ownership Plan and Trust, Old Fort, Ohio; to become a bank holding company by acquiring 45 percent of the voting shares of Gillmor Financial Services, Inc., and thereby indirectly acquire voting shares of The Old Fort Banking Company, both in Old Fort, Ohio. Board of Governors of the Federal Reserve System, June 30, 2015. Michael J. Lewandowski, Associate Secretary of the Board. [FR Doc. 2015–16467 Filed 7–2–15; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Unless otherwise noted, comments regarding the notices must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than July 30, 2015. A. Federal Reserve Bank of Atlanta (Chapelle Davis, Assistant Vice President) 1000 Peachtree Street, NE., Atlanta, Georgia 30309: E:\FR\FM\06JYN1.SGM 06JYN1

Agencies

[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38446-38447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16516]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9930-07-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 7, 2015, the Environmental Protection Agency (EPA) sent 
the Commonwealth of Virginia (Virginia) a letter acknowledging that 
Virginia's delegation of authority to implement and enforce National 
Emissions 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 May 7, 2015, EPA sent Virginia a letter acknowledging that 
Virginia's delegation of authority to implement and enforce NESHAP and 
NSPS had been updated.

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 
Virginia's submittal are also available at the Virginia Department of 
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

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

SUPPLEMENTARY INFORMATION: On March 12, 2015, Virginia notified 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 Code of Federal Regulations dated July 1, 2014. On 
May 7, 2015, EPA sent 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 NESHAP and NSPS must be submitted to both the US 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, 629 East Main Street, P.O. Box 1105, Richmond, 
Virginia 23218

Dear Mr. Dowd:

    The United States Environmental Protection Agency (EPA) has 
previously delegated to the Commonwealth of

[[Page 38447]]

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.
---------------------------------------------------------------------------

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

    In a letter dated March 12, 2015, 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 Code of Federal Regulations dated July 1, 2014. 
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 11, 2015.
    Accordingly, EPA acknowledges that Virginia now has the authority, 
as provided 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 11, 2015.
    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).
---------------------------------------------------------------------------

    \2\ 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 v. 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: June 18, 2015.
Diana Esher,
Director, Air Protection Division, Region III.
[FR Doc. 2015-16516 Filed 7-2-15; 8:45 am]
 BILLING CODE 6560-50-P