
[Federal Register Volume 77, Number 53 (Monday, March 19, 2012)]
[Notices]
[Pages 16029-16030]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6559]


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ENVIRONMENTAL PROTECTION AGENCY

[D-Phila-2012-0001; FRL-9649-2]


Delegation of Authority To Implement and Enforce Additional 
National Emission Standards for Hazardous Air Pollutants to the 
Philadelphia Department of Public Health's Air Management Services

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of delegation of authority.

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SUMMARY: On October 17, 2011, EPA sent the Philadelphia Department of 
Public Health's Air Management Services (AMS) a letter acknowledging 
that AMS's delegation of authority to implement and enforce National 
Emissions Standards for Hazardous Air Pollutants (NESHAP) had been 
updated, as provided for under a previously approved delegation 
mechanism. EPA sent this letter in response to an AMS request for the 
update. To inform regulated facilities and the public of AMS's updated 
delegation of authority to implement and enforce NESHAP, EPA is making 
available a copy of EPA's letter to AMS through this notice.

DATES: On October 17, 2011, EPA sent AMS a letter acknowledging that 
AMS's delegation of authority to implement and enforce NESHAP 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 
AMS's submittal are also available at the Philadelphia Department of 
Public Health, Air Management Services, 321 University Avenue, 
Philadelphia, Pennsylvania 19104. Copies of AMS's request, and of EPA's 
response, may also be found posted on EPA Region III's Web site at: 
http://www.epa.gov/reg3artd/airregulations/delegate/phdelegation.htm.

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

SUPPLEMENTARY INFORMATION: On August 5, 2011, AMS requested that its 
delegation of authority to implement and enforce Federal NESHAP be 
updated to include several additional NESHAP. On October 17, 2011, EPA 
sent AMS a letter acknowledging that AMS's delegation of authority to 
implement and enforce NESHAP had been updated to include these 
additional NESHAP, as provided for under a previously approved 
delegation mechanism. All notifications, applications, reports and 
other correspondence required pursuant to the delegated NESHAP must be 
submitted to both the US EPA Region III and to AMS. A copy of EPA's 
letter to AMS follows:

Mr. Thomas Huynh
Director
Philadelphia Air Management Services
321 University Avenue, 2nd Floor
Philadelphia, PA 19104

    Dear Mr. Huynh,
    The United States Environmental Protection Agency (EPA) has 
previously delegated to the Philadelphia Department of Public 
Health's Air Management Services (AMS) the authority to implement 
and enforce various federal National Emissions Standards for 
Hazardous Air Pollutants (NESHAP), as found at 40 CFR Part 63. (67

[[Page 16030]]

FR 4181, January 29, 2002.) \1\ EPA's approval of that previous 
delegation included an approval of an AMS mechanism for obtaining 
automatic delegation of any future NESHAP regulations which AMS 
adopted unchanged from the Federal requirements. This mechanism is 
for AMS to submit a letter requesting additional delegations to EPA.
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    \1\ EPA has posted copies of this action at: http://www.epa.gov/reg3artd/airregulations/delegate/phdelegation.htm.
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    In a letter dated August 5, 2011, AMS requested ``delegation by 
reference'' to implement and enforce the following additional NESHAP 
for area sources as in 40 C.F.R. Part 63:
    1. Subpart BBBBBB--Gasoline Distribution Bulk Terminal, Bulk 
Plant and Pipeline Facilities.
    2. Subpart CCCCCC--Gasoline Distribution, Gasoline Dispensing 
Facilities.
    3. Subpart EEE--Hazardous Waste Combustors.
    4. Subpart HHHHHH--Paint Stripping and Miscellaneous Surface 
Coating.
    5. Subpart OOOOOO--Flexible Polyurethane Foam Fabrication and 
Production.
    6. Subpart VVV--Publicly Owned Treatment Works (POTW).
    7. Subpart WWWWW--Hospital Ethylene Oxide Sterilizers.
    8. Subpart ZZZZZ--Iron and Steel Foundries.
    AMS also requested ``automatic delegation'' of future amendments 
that EPA promulgates with respect to these NESHAP.
    AMS specified in its request letter that it was seeking 
delegation of the authority to implement and enforce these 
additional NESHAP and future amendments that EPA promulgates with 
respect to these NESHAP under its previously approved mechanism for 
obtaining delegation of additional NESHAP.
    On January 29, 2002, EPA initially delegated to AMS the 
authority to implement and enforce various NESHAP as found at 40 CFR 
Part 63. In this action, EPA concluded that AMS had demonstrated, as 
required, that AMS met the general ``up-front'' criteria for 
approval which are set forth at 40 C.F.R. Sec.  63.91(d). According 
to 40 C.F.R. Sec.  63.91(d)(2), ``[o]nce a State has satisfied the 
Sec.  63.91(d) up-front approval requirements, it only needs to 
reference the previous demonstration and reaffirm that it still 
meets the criteria for any subsequent equivalency submittals.''
    In its August 5, 2011 request for delegation of additional area 
source NESHAP, AMS included a full new demonstration that it met the 
requirements of 40 CFR Sec.  63.91(d). While a full new 
demonstration was not required, EPA finds that the full new 
demonstration meets the requirement for a reaffirmation that AMS 
continues to meet the up-front approval requirements of 40 CFR Sec.  
63.91(d).
    EPA finds that AMS has met the requirements to be automatically 
delegated the authority to implement and enforce the eight 
additional NESHAP for area sources specified in the listing above, 
as well as any future amendments EPA may promulgate with respect to 
them. Accordingly, EPA hereby delegates to AMS the authority to 
implement and enforce these eight additional NESHAP for area 
sources, as well as any future amendments EPA may make to them. This 
delegation to AMS is subject to the same terms of approval as set 
forth in EPA's initial January 29, 2002 delegation to AMS of the 
authority to implement and enforce NESHAPs as found at 40 CFR Part 
63.
    Please note that on December 19, 2008 in Sierra Club vs. 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 the mandate 
vacating these SSM exemption provisions, which are found at 40 CFR 
Sec.  63.6(f)(1) and (h)(1).
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    \2\ Sierra Club v. EPA, 551 F.3rd 1019 (D.C. Cir. 2008).
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    Accordingly, EPA no longer allows sources the SSM exemption as 
provided for in the vacated provisions at 40 CFR Sec.  63.6(f)(1) 
and (h)(1), even though EPA has not yet formally removed the SSM 
exemption provisions from the General Provisions of 40 CFR Part 63. 
Because AMS incorporated 40 CFR Part 63 by reference, AMS 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 AMS's continuing NESHAP implementation and 
enforcement efforts, and also AMS's decision to take automatic 
delegation of eight additional and more recent NESHAP for area 
sources.
    If you have any questions, please contact me or Ms. Kathleen 
Cox, Associate Director, Office of Permits and Air Toxics, at 215-
814-2173.

    Sincerely,

Diana Esher, Director
Air Protection Division

    This notice acknowledges the update of AMS's delegation of 
authority to implement and enforce NESHAP.

    Dated: March 6, 2012.
Diana Esher,
Director, Air Protection Division, Region III.
[FR Doc. 2012-6559 Filed 3-16-12; 8:45 am]
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