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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 60. Hazardous Air Pollutant Sources
2/28/2021

9VAC5-60-65. Authority to implement and enforce standards as authorized by EPA.

A. This article provides the legally enforceable mechanism to facilitate the Commonwealth's obligation to implement and enforce the federal NESHAP as state requirements.

B. The Commonwealth's delegated authority to implement and enforce the standards designated in 9VAC5-50-70 as authorized by EPA is identified in the documents specified in subdivisions 1 through 7 of this subsection. The Commonwealth's delegated authority extends only to the source categories and pollutants identified in the documents, and is subject to the provisions, conditions, and limitations set forth in the following documents:

1. Letter from Daniel J. Snyder dated December 30, 1975.

2. Federal Register notice dated February 26, 1976 (41 FR 8416).

3. Letter from Thomas C. Voltaggio dated July 22, 1981.

4. Federal Register notice dated August 27, 1981 (46 FR 43300).

5. Letter from W. Ray Cunningham dated July 2, 1985.

6. Letter from Stanley L. Laskowski dated July 15, 1993.

7. Federal Register Notice dated October 20, 1993 (58 FR 54135).

C. In its delegation notices and letters, EPA automatically delegated to the Commonwealth the authority to implement and enforce future NESHAP requirements if the Commonwealth legally adopted the requirements, informed EPA that it intended to enforce the standards in accordance with the terms of the delegation, and met other conditions. The latest letter that the Commonwealth submitted to obtain authority to implement and enforce additional requirements is available for examination as provided in subsection D of this section.

D. Copies of the documents cited in subsections B and C of this section may be examined by the public at the central office of the Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, Virginia between 8:30 a.m. and 4:30 p.m. of each business day.

E. The documents cited in subsection B of this section establish the terms of the delegation to the Commonwealth to implement and enforce the federal NESHAP as authorized by EPA. As such, the documents place requirements upon the Commonwealth, not the affected facilities; thus, the documents are not being incorporated by reference into the regulations of the board but are being cited for information purposes only.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from VR120-06-0101, eff. April 1, 1988; amended, Volume 12, Issue 03, eff. December 1, 1995; Volume 13, Issue 14, eff. May 1, 1997; Volume 14, Issue 11, eff. April 1, 1998; Volume 15, Issue 13, eff. April 14, 1999; Virginia Register Volume 16, Issue 14, eff. May 1, 2000; Volume 17, Issue 15, eff. June 1, 2001; Volume 18, Issue 07, eff. February 1, 2002; Volume 19, Issue 06, eff. February 1, 2003; Volume 20, Issue 16, eff. June 1, 2004; Volume 21, Issue 07, eff. January 12, 2005; Volume 22, Issue 04, eff. December 1, 2005; Volume 23, Issue 17, eff. June 1, 2007; Volume 24, Issue 05, eff. December 12, 2007; Volume 25, Issue 12, eff. March 18, 2009; Volume 26, Issue 08, eff. January 20, 2010; Volume 27, Issue 11, eff. March 2, 2011; Volume 28, Issue 10, eff. February 15, 2012; Volume 29, Issue 10, eff. February 13, 2013; Volume 30, Issue 10, eff. July 1, 2014; Volume 31, Issue 12, eff. March 11, 2015; Volume 32, Issue 10, eff. February 10, 2016; Volume 33, Issue 10, eff. February 22, 2017; Volume 34, Issue 11, eff. February 21, 2018; Volume 35, Issue 11, eff. February 20, 2019; Volume 36, Issue 12, eff. March 4, 2020; Volume 37, Issue 04, eff. November 11, 2020.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

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