Delegation of Authority to the Commonwealth of Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants Standards and New Source Performance Standards, 5188-5189 [2021-00964]

Download as PDF 5188 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices Submitting this document is not a requirement of the Methane Challenge Program partnership. The fact sheet template covered under this ICR is: • Methane Challenge Program— Historical Actions Fact Sheet Template: EPA Form No. 5900–413 Respondents/affected entities: The Natural Gas STAR Programs are open to companies in the production segment of the oil industry, and to companies in the production, gathering & boosting, processing, transmission & storage, and distribution segments of the natural gas industry. Respondent’s obligation to respond: Voluntary. Estimated number of respondents: 97 (Natural Gas STAR) and 58 (Methane Challenge) partners, and 50 vendors (total). Frequency of response: Annual for partners and semi-annual for vendors. Total estimated burden: 2,846 hours (per year) for the Natural Gas STAR Program plus 2,978 hours (per year) for the Methane Challenge Program. Burden is defined at 5 CFR 1320.03(b). Total estimated cost: $268,577.00 (per year) for the Natural Gas STAR Program plus $268,952 hours (per year) for the Methane Challenge Program. There are no capital/start-up costs or O&M costs associated with this information collection. Changes in Estimates: EPA expects that the burden associated with the final ICR submission for the Methane Challenge Program will increase compared to its previous estimated burden due to modifying this ICR to include the addition of respondents from the Natural Gas STAR Program. However, the final total burden for the total of the two programs is not expected to exceed the sum of the burdens for Natural Gas STAR and Methane Challenge Programs. Hans Christopher Grundler, Director, Office of Atmospheric Programs. [FR Doc. 2021–01070 Filed 1–15–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY khammond on DSKJM1Z7X2PROD with NOTICES [FRL–10016–80-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 and New Source Performance Standards Environmental Protection Agency (EPA). AGENCY: VerDate Sep<11>2014 19:19 Jan 17, 2021 Jkt 253001 Notice of delegation of authority. ACTION: On October 8, 2020, 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 8, 2020, 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 business hours at the Air and 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 by Mr. Burger can also be reached via electronic mail at burger.riley@epa.gov. SUPPLEMENTARY INFORMATION: On March 5, 2020, Virginia notified EPA that Virginia had updated its incorporation by reference of Federal NESHAP, NSPS, and Maximum Achievable 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, 2019. On October 8, 2020, 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 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 SUMMARY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 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 March 5, 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, 2019. 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 4, 2020. Based on Virginia’s submittal, EPA acknowledges that EPA’s delegations to Virginia of the authority to implement E:\FR\FM\19JAN1.SGM 19JAN1 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 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 4, 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). 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 NESHAP, NSPS, and MACT standards. Dated: November 17, 2020. Cristina Fernandez, Director, Air and Radiation Division, Region III. [FR Doc. 2021–00964 Filed 1–15–21; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE P 1 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008). VerDate Sep<11>2014 19:19 Jan 17, 2021 Jkt 253001 5189 ENVIRONMENTAL PROTECTION AGENCY Comments’’ or by using the search function. [EPA–HQ–SFUND–2012–0104; FRL—10019– 10–OMS] FOR FURTHER INFORMATION CONTACT: Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Brownfields Program— Accomplishment Reporting (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Brownfields Program—Accomplishment Reporting (EPA ICR Number 2104.08, OMB Control Number 2050–0192) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through January 31, 2021. Public comments were previously requested via the Federal Register on June 18, 2020 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. DATES: Additional comments may be submitted on or before February 18, 2021. SUMMARY: Submit your comments to EPA, referencing Docket ID No. EPA– HQ–SFUND–2012–0104, online using www.regulations.gov (our preferred method), by email to docket.superfund@ epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA’s policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute. Submit written comments and recommendations to OMB for the proposed information collection within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public ADDRESSES: PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 Kelly Gorini, Office of Brownfields and Land Revitalization, (5105T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 566– 1702; fax number: (202) 566–1476; email address: gorini.kelly@epa.gov SUPPLEMENTARY INFORMATION: Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information about EPA’s public docket, visit https://www.epa.gov/ dockets. Abstract: This ICR covers the collection of information from those organizations that receive cooperative agreements from EPA under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as amended by the Brownfields Utilization, Investment, and Local Development (BUILD) Act (Pub. L. 115–141). CERCLA, as amended, authorizes EPA to award grants or cooperative agreements to states, tribes, local governments, and other eligible entities to support the assessment and cleanup of brownfields sites. Under the Brownfields Amendments, a brownfields site means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. For funding purposes, EPA uses the term ‘‘brownfields property(ies)’’ synonymously with the term ‘‘brownfields sites.’’ The Brownfields Amendments authorize EPA to award several types of cooperative agreements to eligible entities on a competitive basis. Under subtitle A of the Small Business Liability Relief and Brownfields Revitalization Act, states, tribes, local governments, and other eligible entities can receive assessment cooperative agreements to inventory, characterize, assess, and conduct planning and community involvement related to brownfields properties; cleanup cooperative agreements to carry out cleanup activities at brownfields properties; multipurpose cooperative agreements to conduct activities E:\FR\FM\19JAN1.SGM 19JAN1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5188-5189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00964]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10016-80-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 and New Source Performance 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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

SUMMARY: On October 8, 2020, 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 8, 2020, 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 business hours at the Air and 
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 by Mr. Burger can also be reached via electronic 
mail at [email protected].

SUPPLEMENTARY INFORMATION: On March 5, 2020, Virginia notified EPA that 
Virginia had updated its incorporation by reference of Federal NESHAP, 
NSPS, and Maximum Achievable 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, 2019. On October 8, 
2020, 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 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 March 5, 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, 2019. 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 4, 
2020.
    Based on Virginia's submittal, EPA acknowledges that EPA's 
delegations to Virginia of the authority to implement

[[Page 5189]]

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 4, 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 NESHAP, NSPS, and MACT standards.

    Dated: November 17, 2020.
Cristina Fernandez,
Director, Air and Radiation Division, Region III.
[FR Doc. 2021-00964 Filed 1-15-21; 8:45 am]
BILLING CODE P

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