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, 29771-29772 [2021-11652]

Download as PDF Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES actions pursuant to the CAA. First, the proposed consent decree would establish a deadline for EPA to take action pursuant to CAA section 110(k)(2)–(4) to approve, disapprove, conditionally approve, or approve in part and disapprove in part the SJV PM2.5 Plan’s 2006 24-hour PM2.5 NAAQS Serious area plan contingency measures element. The proposed consent decree would require EPA to take action on the SIP submission for this requirement by no later than November 30, 2021. Second, the proposed consent decree would establish a deadline for EPA to take final action pursuant to CAA section 110(k)(2)–(4) to approve, disapprove, conditionally approve, or approve in part and disapprove in part, the SJV PM2.5 Plan’s 1997 24-hour PM2.5 NAAQS Serious area and CAA section 189(d) plan. The proposed consent decree would require EPA to take action on the SIP submission for these requirements by no later than February 28, 2022. Third, the proposed consent decree would establish a deadline for EPA to take final action pursuant to CAA section 110(k)(2)–(4) to approve, disapprove, conditionally approve, or approve in part and disapprove in part, the SJV PM2.5 Plan’s 2012 annual PM2.5 NAAQS Serious area plan. The proposed consent decree would require EPA to take action on the SIP submission for these requirements by no later than April 29, 2022. In accordance with section 113(g) of the CAA, for a period of thirty (30) days following the date of publication of this document, the Agency will accept written comments relating to the proposed consent decree. EPA or the Department of Justice may withdraw or withhold consent to the proposed consent decree if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. III. Additional Information About Commenting on the Proposed Consent Decree Submit your comments, identified by Docket ID No. EPA–HQ–OGC–2021– 0351, via https://www.regulations.gov. Once submitted, comments cannot be edited or removed from this docket. EPA may publish any comment received to its public docket. Do not submit to EPA’s docket at https:// www.regulations.gov any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia VerDate Sep<11>2014 17:23 Jun 02, 2021 Jkt 253001 submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https:// www.epa.gov/dockets/commenting-epadockets. For additional information about submitting information identified as CBI, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this document. Note that written comments containing CBI and submitted by mail may be delayed and deliveries or couriers will be received by scheduled appointment only. If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket and made available in EPA’s electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Use of the https:// www.regulations.gov website to submit comments to EPA electronically is EPA’s preferred method for receiving comments. The electronic public docket system is an ‘‘anonymous access’’ system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ‘‘late.’’ EPA is not required to consider these late comments. Gautam Srinivasan, Associate General Counsel. [FR Doc. 2021–11692 Filed 6–2–21; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 29771 ENVIRONMENTAL PROTECTION AGENCY [FRL–10024–57–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 17, 2021, 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 17, 2021, EPA sent Virginia a letter acknowledging that Virginia’s delegation of authority to implement and enforce certain Federal NSPS and NESHAPs had been updated. ADDRESSES: Copies of documents pertaining to this action are available for public inspection during normal business hours at the Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 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 Mr. Burger can also be reached via electronic mail at burger.riley@epa.gov. SUPPLEMENTARY INFORMATION: On November 12, 2020, Virginia notified EPA that Virginia had updated its incorporation by reference of Federal NSPS, NESHAP, and Maximum Available Control Technology (MACT) standards to include many such standards, as they were published in final form in the Code of Federal Regulations (CFR) dated July 1, 2020. On May 17, 2021, EPA sent Virginia a letter acknowledging that Virginia now SUMMARY: E:\FR\FM\03JNN1.SGM 03JNN1 29772 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES has the authority to implement and enforce the NSPS, NESHAP, and MACT standards as specified by Virginia in its notice to EPA, as provided for under previously approved automatic delegation mechanisms. All notifications, applications, reports, and other correspondence required pursuant to the delegated NSPS, NESHAP, and MACT must be submitted to both EPA, Region III and to the Virginia Department of Environmental Quality, unless the delegated standard specifically provides that such submittals may be sent to EPA or a delegated State. In such cases, the submittals should be sent only to the Virginia Department of Environmental Quality. A copy of EPA’s letter to Virginia follows: Michael G. Dowd, Director Air Division Virginia Department of Environmental Quality P.O. Box 1105 Richmond, VA 23218 Dear Mr. Dowd: The United States Environmental Protection Agency (EPA) has previously delegated to the Commonwealth of Virginia (Virginia) the authority to implement and enforce various federal New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and National Emission Standards for Hazardous Air Pollutants for Source Categories (MACT standards) which are found at 40 CFR parts 60, 61 and 63, respectively. In those actions, EPA also delegated to Virginia the authority to implement and enforce any future federal NSPS, NESHAP or MACT Standards on the condition that Virginia legally adopt the future standards, make only allowed wording changes, and provide specified notice to EPA. In a letter dated November 12, 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, 2020. 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 VerDate Sep<11>2014 17:23 Jun 02, 2021 Jkt 253001 VAC 5–60 ‘‘Hazardous Air Pollutant Sources.’’ These revised regulations have an effective date of November 11, 2020. Based on Virginia’s submittal, EPA acknowledges that EPA’s delegations to Virginia of the authority to implement and enforce EPA’s NSPS, NESHAP, and MACT standards have been updated, as provided for under the terms of EPA’s previous delegation of authority actions, to allow Virginia to implement and enforce the federal NSPS, NESHAP and MACT standards which Virginia has adopted by reference as specified in Virginia’s revised regulations 9 VAC 5–50 and 9 VAC 5–60, both effective on November 11, 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 NSPS, NESHAP, and MACT standards. Dated: May 27, 2021. Cristina Fernandez, Director, Air & Radiation Division, Region III. [FR Doc. 2021–11652 Filed 6–2–21; 8:45 am] BILLING CODE 6560–50–P 1 Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008). PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–0295 and 3060–0281; FRS 29475] Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s). Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission’s burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number. DATES: Written comments should be submitted on or before August 2, 2021. If you anticipate that you will be submitting comments but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts below as soon as possible. ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email to PRA@ fcc.gov and to Cathy.Williams@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection, contact Cathy Williams at (202) 418–2918. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0295. SUMMARY: E:\FR\FM\03JNN1.SGM 03JNN1

Agencies

[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29771-29772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11652]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10024-57-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 17, 2021, 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 17, 2021, EPA sent Virginia a letter acknowledging that 
Virginia's delegation of authority to implement and enforce certain 
Federal NSPS and NESHAPs had been updated.

ADDRESSES: Copies of documents pertaining to this action are available 
for public inspection during normal business hours at the Air & 
Radiation Division, U.S. Environmental Protection Agency, Region III, 
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 Mr. Burger can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION: On November 12, 2020, Virginia notified EPA 
that Virginia had updated its incorporation by reference of Federal 
NSPS, NESHAP, and Maximum Available Control Technology (MACT) standards 
to include many such standards, as they were published in final form in 
the Code of Federal Regulations (CFR) dated July 1, 2020. On May 17, 
2021, EPA sent Virginia a letter acknowledging that Virginia now

[[Page 29772]]

has the authority to implement and enforce the NSPS, NESHAP, and MACT 
standards as specified by Virginia in its notice to EPA, as provided 
for under previously approved automatic delegation mechanisms. All 
notifications, applications, reports, and other correspondence required 
pursuant to the delegated NSPS, NESHAP, and MACT must be submitted to 
both EPA, Region III and to the Virginia Department of Environmental 
Quality, unless the delegated standard specifically provides that such 
submittals may be sent to EPA or a delegated State. In such cases, the 
submittals should be sent only to the Virginia Department of 
Environmental Quality. A copy of EPA's letter to Virginia follows:

Michael G. Dowd, Director
Air Division
Virginia Department of Environmental Quality
P.O. Box 1105
Richmond, VA 23218

Dear Mr. Dowd:
    The United States Environmental Protection Agency (EPA) has 
previously delegated to the Commonwealth of Virginia (Virginia) the 
authority to implement and enforce various federal New Source 
Performance Standards (NSPS), National Emission Standards for 
Hazardous Air Pollutants (NESHAP), and National Emission Standards 
for Hazardous Air Pollutants for Source Categories (MACT standards) 
which are found at 40 CFR parts 60, 61 and 63, respectively. In 
those actions, EPA also delegated to Virginia the authority to 
implement and enforce any future federal NSPS, NESHAP or MACT 
Standards on the condition that Virginia legally adopt the future 
standards, make only allowed wording changes, and provide specified 
notice to EPA.
    In a letter dated November 12, 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, 2020. 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 November 11, 2020.
    Based on Virginia's submittal, EPA acknowledges that EPA's 
delegations to Virginia of the authority to implement and enforce 
EPA's NSPS, NESHAP, and MACT standards have been updated, as 
provided for under the terms of EPA's previous delegation of 
authority actions, to allow Virginia to implement and enforce the 
federal NSPS, NESHAP and MACT standards which Virginia has adopted 
by reference as specified in Virginia's revised regulations 9 VAC 5-
50 and 9 VAC 5-60, both effective on November 11, 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 NSPS, NESHAP, and MACT standards.

    Dated: May 27, 2021.
Cristina Fernandez,
Director, Air & Radiation Division, Region III.
[FR Doc. 2021-11652 Filed 6-2-21; 8:45 am]
BILLING CODE 6560-50-P
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