[Federal Register: March 26, 2003 (Volume 68, Number 58)]
[Notices]
[Page 14617-14619]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr03-67]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7472-7]
Full Delegation of Authority for Prevention of Significant
Deterioration of Air Quality; Allegheny County, PA
AGENCY: Environmental Protection Agency (EPA).
ACTION: Information notice.
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SUMMARY: Allegheny County, Pennsylvania submitted to EPA a request for
delegation of authority to implement and enforce the Federal prevention
of significant deterioration of air quality (PSD) permit program
regulations. The Clean Air Act authorizes the EPA to delegate its
authority to implement and enforce the PSD regulations to any state
that has submitted a demonstration that it possesses adequate
implementation and enforcement resources and procedures. After thorough
review of the request and available information, EPA has determined
that such delegation of authority is appropriate consistent with the
conditions set forth in the letter reproduced below.
EFFECTIVE DATE: March 26, 2003.
ADDRESSES: Copies of the request for delegation and related documents
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 and the
Allegheny County Health Department, Air Quality Program, 301 Thirty-
Ninth Street, Pittsburgh, Pennsylvania 15201-1891.
FOR FURTHER INFORMATION CONTACT: David Campbell, U.S. Environmental
Protection Agency Region III (3AP11), 1650 Arch Street, Philadelphia,
PA 19103 at (215) 814-2196, or by e-mail at campbell.dave@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 13, 2003, the Allegheny County, Pennsylvania Health
Department submitted a letter requesting full delegation of authority
for the implementation and enforcement of the Federal prevention of
significant deterioration of air quality (PSD) permit program
regulations as codified at 40 CFR 52.21. The PSD program covers any new
construction or any major modification of a major stationary air
emission source in an area which has air quality better than the
national ambient air quality standards. The program requires the
issuance of permits prior to construction or modification of certain
sources. Allegheny County's letter requests delegation of the Federal
PSD program at 40 CFR 52.21. Allegheny County's delegation request does
not reference a specific edition of 40 CFR part 52, and expressly
requests delegation of the current version of the PSD regulations and
any and all future changes to part 52 with regard to the Federal PSD
program.
Since 1983, the Allegheny County Health Department has been
delegated the authority to implement and enforce the provisions of 40
CFR 52.21 on behalf of EPA. (See 48 FR 55625, December 14, 1983). When
EPA granted delegation to Allegheny County in 1983, it specifically
delegated to the County the authority to implement and enforce the PSD
provisions at 40 CFR part 52, as amended August 7, 1980. The purpose of
Allegheny County's February 13, 2003, letter is to request renewal of
its existing delegation of authority to include more recent revisions
to the PSD regulations at 40 CFR part 52, and to include any and all
future revisions of those regulations.
II. Terms of Delegation of Authority
After a thorough review of the request for full PSD program
delegation, EPA has determined that such delegation is appropriate
subject to the conditions set forth in the following letter to
Allegheny County. Therefore, pursuant to 40 CFR 52.21(u), EPA formally
notified Allegheny County on March 18, 2003, that the Agency delegates
full PSD regulatory authority to Allegheny County, Pennsylvania as of
the publication of date of this information notice.
Dr. Roger C. Westman, Manager, Air Quality Program, Allegheny Health
Department, 301 Thirty-Ninth Street, Pittsburgh, PA 15201-1891.
Dear Dr. Westman:
Thank you for your February 13, 2003, request to update your
existing delegation of authority to implement and enforce the
Federal prevention of significant deterioration (PSD) of air quality
program. The intent of the request and the following delegation is
to update and affirm the existing delegation of authority agreement
between Allegheny County and the U.S. Environmental Protection
Agency (EPA). As you are aware, EPA granted full delegation of
authority for the PSD program to Allegheny County on December 14,
1983. (See, 48 FR 55625).
In 1983, EPA reviewed the pertinent laws of the Allegheny County
and the rules and regulations thereof and determined that they
provided an adequate and effective procedure for the full
implementation of all portions of the Federal PSD program. Based on
the representations included in your February 13, 2003, letter, as
well as the existing County legal authority, EPA has determined that
Allegheny County's laws and regulations continue to provide the
legal authority for the full implementation and enforcement of all
portions of the Federal PSD program. Therefore, pursuant to 40 CFR
52.21(u), we hereby delegate our authority to Allegheny County for
all portions of the Federal PSD program, as described in 40 CFR
52.21, as amended December 31, 2002. Additions, revisions, or
deletions to 40 CFR 52.21 adopted by EPA after the date of this
letter are incorporated into this delegation of authority agreement
on the effective date
[[Page 14618]]
established by the Federal regulations. The EPA delegates our
authority as follows:
1. Authority is delegated for all sources located in Allegheny
County subject to review pursuant to the Federal PSD program. This
includes all source categories listed in 40 CFR 52.21 for each
pollutant regulated by the Clean Air Act.
2. Acceptance of this delegation of authority of the Federal PSD
program commits Allegheny County to implement and enforce the
Federal PSD program currently promulgated at 40 CFR 52.21 and any
additions, revisions, or deletions to 40 CFR 52.21 adopted by EPA
after the date of this letter.
3. If at any time there is a conflict between a County
regulation and a Federal regulation, the Federal regulation must be
applied if it is more stringent than that of the County. If the
County does not have the authority to implement a Federal regulation
that is more stringent than the applicable County regulation, the
pertinent portion of the authority may be revoked.
4. In processing applications for PSD permits pursuant to 40 CFR
52.21, the County shall follow all procedural requirements which the
Administrator would be required to follow in processing such
applications, whether these procedural requirements are set forth in
full in 40 CFR 52.21 or only referenced therein.
5. If EPA determines that the County's procedures for
implementing and enforcing any or all of the portions of the PSD
program is inadequate, or is not being effectively carried out, the
authority granted pursuant to this delegation agreement may be
revoked in whole or in part. Any such revocation shall be effective
as of the date specified in a notice of revocation to Allegheny
County.
6. Allegheny County shall ensure through its interstate
intergovernmental cooperation procedures that all potential source
interactions along County boundaries are properly determined and
considered during the PSD permitting process.
7. Enforcement of the PSD program shall be the primary
responsibility of Allegheny County. If the County determines that
such enforcement is not feasible and so notifies EPA, or where the
County acts in a manner inconsistent with the terms of this granted
authority, EPA will exercise its concurrent enforcement authority
pursuant to sections 113, 167, and 505(b) of the Clean Air Act, 42
U.S.C. 7413, 7477 and 7661b, with respect to sources within
Allegheny County subject to PSD requirements. In accordance with 40
CFR 52.21(r) and sections 113, 167, and 505(b) of the Clean Air Act,
EPA reserves the right to commence an enforcement action against any
entity in violation of the Federal PSD program should Allegheny
County fail to take such an enforcement action or, in the opinion of
EPA, fail to pursue a timely or appropriate enforcement action.
Section 167 provides that EPA shall issue administrative orders,
initiate civil actions, or take whatever other enforcement action
may be necessary to prevent construction of a major stationary
source that does not ``conform to the requirements of'' the PSD
program. Similarly, section 113(a)(5) provides for administrative
orders and civil actions whenever EPA finds that the County ``is not
acting in compliance with'' any requirement or prohibition of the
Act regarding construction of new or modified sources. Likewise,
section 113(a)(1) provides for a range of enforcement remedies
whenever EPA finds that a person is in violation of an applicable
implementation plan.
8. The County and EPA shall continue to implement a system of
communication sufficient to guarantee a program that includes the
items described below:
a. Each agency is informed of the current compliance status of
sources in Allegheny County subject to the PSD program.
b. Allegheny County shall send a copy of preliminary
determinations and public comment notices required pursuant to 40
CFR 52.21(g) to EPA Region III at the same time the notice is being
forwarded for publication in the newspaper.
c. Allegheny County shall provide to EPA Region III copies of
the final PSD permit at the time of issuance.
d. The status of incomplete permit applications shall be
provided to EPA Region III on an as needed basis.
9. Prior EPA concurrence is to be obtained on any matter
involving the interpretation of sections 160-169 of the Clean Air
Act, 42 U.S.C. 7470-7492, or 40 CFR 52.21 to the extent that
implementation, review, administration, or enforcement of these
sections have not been covered by determinations or guidance
available to Allegheny County.
A notice announcing this delegation of authority of the Federal
PSD to Allegheny County will be published in the Federal Register in
the near future. This delegation of authority shall be effective as
of the publication date of that notice. This delegation of authority
should not be construed as a transfer of PSD responsibility under
section 110(a)(2)(J) of the Clean Air Act. Such a transfer involves
different procedures and considerations.
There is no requirement that the County notify EPA of its
acceptance. Unless EPA receives from the County written notice of
objections within 10 days of the date receipt of this letter, the
County shall be deemed to have accepted all of the terms as stated
herein. Finally, EPA commits to continue to provide training and
support assistance as requested by the County. If you have any
questions regarding this letter, please contact me or Ms. Judith
Katz, Director, Air Protection Division.
Sincerely,
Donald S. Welsh,
Regional Administrator.
III. Conclusion
Effective immediately, Allegheny County is the delegated permitting
authority to implement and enforce the Federal PSD program and all
applications and other information required pursuant to the PSD permit
program at 40 CFR 52.21 from sources located or locating in Allegheny
County shall continue to be submitted to the Allegheny County,
Pennsylvania Health Department at the following address: Allegheny
County Health Department, Air Quality Program, 301 Thirty-Ninth Street,
Pittsburgh, Pennsylvania 15201-1891.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
information notice is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this information notice is also not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This information notice imposes no additional
requirements beyond those imposed by state law. Accordingly, the
Administrator certifies that this information notice will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this information notice delegates pre-existing requirements under
Federal law and does not impose any additional enforceable duty beyond
that required by Federal law, it does not contain any unfunded mandate
or significantly or uniquely affect small governments, as described in
the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This
information notice also does not have tribal implications because it
will not have a substantial direct effect on one or more Indian tribes,
on the relationship between the Federal government and Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This information notice also
does not have federalism implications because it does not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This
information notice merely delegates the implementation of a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
information notice also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
[[Page 14619]]
In reviewing delegation requests, EPA's role is to approve state
capabilities, provided that they meet the criteria of the Clean Air
Act. In this context, in the absence of a prior existing requirement
for the State to use voluntary consensus standards (VCS), EPA has no
authority to disapprove a delegation request for failure to use VCS. It
would thus be inconsistent with applicable law for EPA, when it reviews
a delegation request, to use VCS in place of a delegation request that
otherwise satisfies the provisions of the Clean Air Act. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This
information notice granting delegation of the Federal PSD program to
Allegheny County issued under the authority of sections 101, 110, and
301 of the Clean Air Act, as amended (42 U.S.C. 7401, 7410, 7601).
Dated: March 18, 2003.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 03-7241 Filed 3-25-03; 8:45 am]
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