[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Rules and Regulations]
[Pages 52667-52669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24638]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 61

[EPA-R01-OAR-2017-0439; FRL-9970-60-Region 1]


Notification of Partial Voluntary Withdrawal of Delegation of 
Authority; Connecticut; National Emission Standards for Hazardous Air 
Pollutants for Asbestos

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of partial withdrawal of delegation of asbestos 
program.

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

SUMMARY: This document notifies affected sources and other interested 
parties that the Connecticut Department of Energy and Environmental 
Protection (CT DEEP) has voluntarily and partially withdrawn from the 
delegation of authority to implement and enforce the federal asbestos 
program provisions at 40 CFR part 61, subpart M. The withdrawal action 
only applies to sources that are not subject to CT DEEP's title V 
operating permit program, or that are subject to the title V operating 
permit program but have not yet received a title V operating permit 
from CT DEEP. CT DEEP will continue to implement and enforce 40 CFR 
part 61, subpart M for all sources that have already obtained a title V 
operating permit, or that obtain such a permit after the effective date 
of this action.

DATES: This delegation withdrawal is effective on December 14, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R01-OAR-

[[Page 52668]]

2017-0439. You can inspect copies of the delegation agreement and all 
correspondence regarding CT DEEP's voluntary and partial withdrawal 
from delegation of the asbestos program at our Region 1 office during 
normal business hours. All documents in the electronic docket are 
listed in the www.regulations.gov index. Although listed in the index, 
some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
www.regulations.gov or in hard copy at the Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Boston, MA. EPA requests that if 
at all possible, you contact the contact listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Eric Wortman, Air Permits, Toxics and 
Indoor Programs Unit, Office of Ecosystem Protection, U.S. 
Environmental Protection Agency, EPA New England Regional Office, 5 
Post Office Square (OEP05-2), Boston, MA 02109-3912, telephone number 
(617) 918-1624, fax number (617) 918-0624, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever '' we,'' 
'' us,'' or '' our'' is used, we mean EPA. Organization of this 
document. The following outline is provided to aid in locating 
information in this preamble.

Table of Contents

I. Background and Purpose
II. Where should affected sources send notifications required by the 
Asbestos NESHAP?
III. Do I still need to comply with the State of Connecticut 
regulations?
IV. EPA Action

I. Background and Purpose

    EPA first promulgated standards to regulate asbestos emissions on 
April 6, 1973 (38 FR 8820). These standards have since been amended 
several times and are codified in 40 CFR part 61, subpart M, ``National 
Emission Standard for Hazardous Air Pollutants for Asbestos'' (Asbestos 
NESHAP).
    Prior to the 1990 Clean Air Act (CAA) Amendments, section 112(d) of 
the CAA allowed states to develop and submit to the Administrator a 
procedure for implementing and enforcing NESHAPs. The 1990 Amendments 
to the Act revised section 112 extensively, removed delegation 
provisions from 112(d)(1), and added section 112(l), which now provides 
the mechanism for delegating section 112 standards to state, local, and 
tribal agencies. Section 112(l) of the CAA authorizes the Administrator 
to delegate to each state, when appropriate, the authority to implement 
and enforce NESHAPs for stationary sources located in such state. The 
federal regulations governing EPA's delegation of authority for section 
112 federal rules as promulgated without changes are located at 40 CFR 
part 63, subpart E. See 58 FR 62262 (November 26, 1993), as amended by 
65 FR 55810 (September 14, 2000). Upon approval by EPA, the state 
agency is authorized to implement and enforce the federal rule. Under 
these regulations, a state air pollution control agency may voluntarily 
withdraw from an approved delegation using the procedures outlined in 
40 CFR 63.96(b)(7).
    In general, delegations are implemented through agreements between 
the EPA regional offices and state or local air pollution control 
agencies. In a letter dated May 11, 1988, CT DEEP requested full 
delegation of the Asbestos NESHAP regulations. In a letter dated 
February 27, 1990, the EPA granted delegation of full administrative 
and enforcement authority for the Asbestos NESHAP to CT DEEP. On April 
23, 1999, the EPA approved CT DEEP's mechanism for receiving delegation 
of Section 112 standards through the State's title V operating permit 
program. EPA also reconfirmed previously delegated standards for 
sources that obtained title V operating permits. See 64 FR 19922 (April 
23, 1999).
    On February 7, 2017, pursuant to the provisions at 40 CFR 
63.96(b)(7), CT DEEP notified EPA of its intent to voluntarily and 
partially withdraw from delegation of the Asbestos NESHAP. 
Subsequently, CT DEEP provided electronic notice to the public and 
affected sources of the partial delegation withdrawal on June 20, 2017. 
Notification was also published in the Hartford Courant on June 27, 
2017, and CT DEEP accepted written comments through 5 p.m. on July 31, 
2017. In the notification, CT DEEP affirmed it will continue to assure 
compliance with all applicable CAA Section 112 requirements under an 
issued title V operating permit. CT DEEP received three written 
comments from the public and regulated community during the public 
comment period. After reviewing the comments received, CT DEEP sent a 
letter to the EPA on August 18, 2017 indicating CT DEEP completed the 
public comment procedures required by Sec.  63.96(b)(7). The letter 
also requested that EPA proceed with a Federal Register notice 
concerning CT DEEP's voluntary, partial withdrawal of delegation for 
the Asbestos NESHAP. Copies of the correspondence letters between CT 
DEEP and the EPA regarding this action, the public notice issued by CT 
DEEP, and the public comments received by CT DEEP are included in the 
docket for this action.

II. Where should affected sources send notifications required by the 
Asbestos NESHAP?

    Among other things, the Asbestos NESHAP at 40 CFR 61.145(b) 
requires all owners or operators of a demolition or renovation (demo/
reno) activity that is subject to the Asbestos NESHAP to notify the EPA 
Administrator in writing before certain renovation and/or demolition 
activities occur and within specified time frames. Since the State of 
Connecticut was fully delegated the Asbestos NESHAP pursuant to Section 
112(d) of the CAA prior to the 1990 amendments, the EPA determined that 
the State of Connecticut's regulations governing demo/reno activities 
at the time of delegation were adequate for the purposes of effectively 
implementing and enforcing the Asbestos NESHAP. This included the 
requirement that the owners or operators of a demo/reno activity notify 
in writing the designated state agency in advance of commencing the 
demo/reno activity. Because the EPA viewed this as a duplicative 
notification effort in relation to the state and federal requirements, 
the EPA determined that, with certain exceptions, notification to the 
designated state agency satisfied the federal notification requirement. 
On October 2, 1997 (62 FR 51654), the EPA published a notification in 
the Federal Register outlining the notification procedures for sources 
subject to the Asbestos NESHAP. The notification no longer required the 
regulated community in Connecticut to provide written notice of demo/
reno activities to the EPA, with certain exceptions, as long as such 
notices were delivered to the designated state agency.
    As a result of CT DEEP's partial, voluntary withdrawal from 
delegation of the Asbestos NESHAP, owners or operators of a demo/reno 
activity subject to the rule must submit the required notifications to 
the EPA, unless the owner or operator has a title V operating permit 
from CT DEEP. This notification requirement to EPA

[[Page 52669]]

includes owners or operators of title V sources prior to receiving a 
title V operating permit from CT DEEP, as well as sources not subject 
to the title V operating permit program. Therefore, after December 14, 
2017, such owners or operators of a demo/reno activity in Connecticut 
subject to the Asbestos NESHAP must submit Asbestos NESHAP 
notifications required under Section 61.145(b) to the following 
address: Asbestos Demo/Reno Notifications, U.S. EPA Region 1, 5 Post 
Office Square, Mail Code: OES05-4, Boston, MA 02109-3912. The EPA 
believes the effective date of this notification provides sufficient 
time for affected sources that are not subject to the title V operating 
permit program, or are subject to the program but have not obtained a 
title V operating permit, to notify the EPA of future demo/reno 
activity in accordance with the Asbestos NESHAP. As noted throughout 
this document, the requirement to notify the EPA does not apply to 
sources that have obtained a title V operating permit under CT DEEP's 
title V operating permit program, already, or that obtain a title V 
operating permit in the future. Any source that has received a title V 
operating permit from CT DEEP will continue to submit demo/reno 
notifications to the State of Connecticut.

III. Do I still need to comply with the State of Connecticut 
regulations?

    Nothing in this notification or CT DEEP's voluntary, partial 
withdrawal changes any source's obligation to comply with state or 
local laws. All sources subject to such laws must still comply with the 
state and local regulations. The Connecticut Department of Public 
Health implements an asbestos program under the Regulations of 
Connecticut State Agencies. Sources that are subject to the Asbestos 
NESHAP must also comply with the Connecticut Department of Public 
Health's asbestos program regulations. This includes potentially 
duplicative notification requirements for owners or operators of demo/
reno activity subject to the Asbestos NESHAP, as well as the 
Connecticut Department of Public Health's asbestos program. Owners or 
operators of affected sources should continue to work with their state 
or local agencies to ensure any applicable requirements are being met. 
More information on the Connecticut Department of Public Heath asbestos 
program can be accessed online at www.ct.gov/dph/asbestos.

IV. EPA Action

    Based on CT DEEP's voluntary and partial withdrawal relating to 
implementation and enforcement of the Asbestos NESHAP, the EPA is 
issuing this notification. As noted above, the CT DEEP will retain its 
delegation to implement and enforce the Asbestos NESHAP for sources 
that have obtained a title V operating permit from CT DEEP, or for 
sources that receive a title V operating permit in the future (once the 
permit is issued). CT DEEP will continue to assure compliance with all 
applicable CAA Section 112 requirements for all sources that have title 
V operating permits or obtain title V operating permits after the date 
of this action. The delegation withdrawal is effective on December 14, 
2017.

List of Subjects in 40 CFR Part 61

    Environmental protection, Air pollution control, Asbestos, 
Hazardous substances, Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of section 
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.

    Dated: October 25, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA-New England.
[FR Doc. 2017-24638 Filed 11-13-17; 8:45 am]
BILLING CODE 6560-50-P


