Delegation of Authority Documents

A delegated program is one in which EPA delegates the authority to adopt and enforce certain federal standards for new sources to the states. In order to manage such delegated programs, a state must demonstrate to EPA that it has the legal authority and necessary mechanisms to fully implement the program. The state must then adopt any standards that EPA issues in the form of regulations into its own regulations.

Currently, EPA has delegated the following programs to Virginia:

• New Source Performance Standards or NSPS; see Article 5 of 9 VAC 5 Chapter 50. As described in 9 VAC 5-50-405 B, the state’s delegated authority to implement and enforce these standards is identified in the following documents:
  1. Letter dated December 30, 1975.
  2. Federal Register notice dated February 26, 1976 (41 FR 8416).
  3. Letter dated July 22, 1981.
  4. Federal Register Notice dated August 27, 1981 (46 FR 43300).
  5. Letter dated July 2, 1985.

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• National Emission Standards for Sources of Hazardous Air Pollutants (NESHAPs); see Article 1 of 9 VAC 5 Chapter 60. As described in 9 VAC 5-60-65 B, the state’s delegated authority to implement and enforce these standards is identified in the following documents:

• 1. Letter dated December 30, 1975.
  2. Federal Register Notice dated February 26, 1976 (41 FR 8416).
  3. Letter dated July 22, 1981.
  4. Federal Register Notice dated August 27, 1981 (46 FR 43300).
  5. Letter dated July 2, 1985.
  6. Letter dated July 15, 1993.
  7. Federal Register Notice dated October 20, 1993 (58 FR 54135).

   

• National Emission Standards for Hazardous Air Pollutants for Source Categories (Maximum Achievable Control Technology or MACT standards); see Article 2 of 9 VAC 5 Chapter 60. As described in 9 VAC 5-60-95 B, the state’s delegated authority to implement and enforce these standards is identified in the following documents:

The State Air Pollution Control Board incorporates one year's worth of delegated standards at about the same time each year (December or January). At that time, standards that have been promulgated between July 1 of the previous year and July 1 of the current year are incorporated. For example, at their December 1999 meeting, the board incorporated the standards promulgated between July 1, 1998 and July 1, 1999.

A list of specific standards and when they were incorporated into Virginia's regulations is available here