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, 83939 [2023-26440]
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Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices
Dated: November 27, 2023.
Dzung Kim Ngo Kidd,
Acting Director, Water Division, Region 6.
[FR Doc. 2023–26437 Filed 11–30–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–11578–01–R3]
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 October 24, 2023, 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 24, 2023, 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, 1600 John F.
Kennedy Blvd., 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:
Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, Four Penn Center, 1600 JFK
Boulevard, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2339, or Mr. He can also be reached
via electronic mail at He.Yongtian@
epa.gov.
SUPPLEMENTARY INFORMATION: On March
16, 2023, Virginia notified EPA that
Virginia had updated its incorporation
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SUMMARY:
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18:47 Nov 30, 2023
Jkt 262001
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, 2022. On October 24, 2023, EPA
sent Virginia a letter acknowledging that
Virginia now 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 March 16, 2023, 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, 2022. 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
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
83939
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 15, 2023.
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
March 15, 2023.
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.
Cristina Fernandez,
Director, Air and Radiation Division, Region
III.
[FR Doc. 2023–26440 Filed 11–30–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL OP–OFA–098]
Environmental Impact Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information 202–
564–5632 or https://www.epa.gov/nepa.
Weekly receipt of Environmental Impact
Statements (EIS)
Filed November 17, 2023 10 a.m. EST
Through November 27, 2023 10 a.m.
EST
Pursuant to 40 CFR 1506.9.
Notice: Section 309(a) of the Clean Air
Act requires that EPA make public its
comments on EISs issued by other
Federal agencies. EPA’s comment letters
on EISs are available at: https://
cdxapps.epa.gov/cdx-enepa-II/public/
action/eis/search.
E:\FR\FM\01DEN1.SGM
01DEN1
]]>Agencies
[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Page 83939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26440]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-11578-01-R3]
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 October 24, 2023, 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 24, 2023, 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,
1600 John F. Kennedy Blvd., 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: Yongtian He, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, Four Penn Center, 1600 JFK Boulevard, Philadelphia, Pennsylvania
19103. The telephone number is (215) 814-2339, or Mr. He can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: On March 16, 2023, 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, 2022. On October
24, 2023, EPA sent Virginia a letter acknowledging that Virginia now
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 March 16, 2023, 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, 2022. 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 15, 2023.
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 March 15, 2023.
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.
Cristina Fernandez,
Director, Air and Radiation Division, Region III.
[FR Doc. 2023-26440 Filed 11-30-23; 8:45 am]
BILLING CODE 6560-50-P
