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

2. B. The Commonwealth's delegated authority to implement and enforce the standards designated in 9VAC5-60-100 as authorized by EPA is identified in the documents specified in subdivisions 1 through 5 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. 1. Letter from W. Michael McCabe dated April 20, 1998.
   2. 2. Letter from W. Michael McCabe dated November 19, 1998.
   3. 3. Federal Register notice dated January 26, 1999 (64 FR 3938).
   4. 4. Letter from Judith M. Katz dated May 30, 2001.
   5. 5. Federal Register notice dated January 8, 2002 (67 FR 825).
3. C. In its delegation notices and letters, EPA automatically delegated to the Commonwealth the authority to implement and enforce future MACT 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.
4. 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.
5. 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 MACT 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, Virginia Register Volume 12, Issue 3, 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 7, eff. February 1, 2002; Volume 19, Issue 6, eff. February 1, 2003; Volume 20, Issue 16, eff. June 1, 2004; Volume 21, Issue 7, eff. January 12, 2005; Volume 22, Issue 4, eff. December 1, 2005; Volume 23, Issue 17, eff. June 1, 2007; Volume 24, Issue 5, eff. December 12, 2007; Volume 25, Issue 12, eff. March 18, 2009; Volume 26, Issue 8, 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 4, eff. November 11, 2020.