[Federal Register: April 21, 2003 (Volume 68, Number 76)]
[Rules and Regulations]
[Page 19371-19372]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap03-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-7485-3]
Prevention of Significant Deterioration; Notice of Withdrawal of
Delegation of Authority; Bay Area Air Quality Management District; Kern
County Air Pollution Control District; Nevada Division of Environmental
Protection; San Diego County Air Pollution Control District; Santa
Barbara County Air Pollution Control District; Shasta County Air
Quality Management District; South Coast Air Quality Management
District; and Washoe County District Health Department
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of withdrawal of delegation of PSD permitting authority.
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SUMMARY: This document is to inform interested parties that, by letters
dated March 3, 2003, the Regional Administrator of EPA, Region 9, has
rescinded the Region's delegations of authority to issue federal
Prevention of Significant Deterioration (PSD) permits to the following
agencies in California and Nevada: Bay Area Air Quality Management
District; Kern County Air Pollution Control District; Nevada Division
of Environmental Protection; San Diego County Air Pollution Control
[[Page 19372]]
District; Santa Barbara County Air Pollution Control District; Shasta
County Air Quality Management District; South Coast Air Quality
Management District; and Washoe County District Health Department.
DATES: The letters withdrawing delegation to these jurisdictions
specify that the rescission of the PSD delegations is effective on
March 3, 2003.
ADDRESSES: You can inspect copies of the delegation agreements and
Region 9's letters rescinding each delegation agreement at our Region
IX office during normal business hours. Due to security procedures,
please call Curt Taipale at 415-972-3966 at least one day in advance of
inspecting these documents at our office: Permits Office (AIR-3), Air
Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105.
You may also see copies of the pertinent delegation agreement and
rescission letter at the following locations:
Bay Area Air Quality Management District, 939 Ellis Street, San
Francisco, CA 94109.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Kern County Air Pollution Control District, 2700 ``M'' Street,
Suite 302, Bakersfield, CA 93301-2370.
Nevada Division of Environmental Protection, Bureau of Air
Pollution Control, 333 West Nye Lane, Carson City, NV 89706.
San Diego Air Pollution Control District, 9150 Chesapeake Drive,
San Diego, CA 92123-1096.
Santa Barbara County Air Pollution Control District, 26 Castilian
Drive B-23, Goleta, CA 93117.
Shasta County Air Quality Management District, 1855 Placer Street,
Suite 101, Redding, CA 96001-1759.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
Washoe County District Health Department, Air Quality Management
Division, 401 Ryland Street, Suite 331, Reno, Nevada 89502.
FOR FURTHER INFORMATION CONTACT: Gerardo Rios, EPA Region IX, (415)
972-3974, or send e-mail to rios.gerardo@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
I. Background
In 1978, EPA published final regulations at 40 CFR 52.21,
implementing the PSD program required under Part C of the Clean Air
Act, 42 U.S.C. 7475-7479. See 43 FR 26403 (June 19, 1978). The PSD
regulations provide authority to EPA to delegate the responsibility for
conducting PSD source review to a State or local air pollution control
agency. 40 CFR 52.21(u). In general, delegations are implemented
through agreements between EPA Regions and state or local air pollution
control agencies. These agreements are in essence contracts between the
Agency and permitting agencies, setting out the responsibilities of
each in carrying out the federal PSD program for that jurisdiction. The
specific elements of delegation agreements vary to take into
consideration particular circumstances, such as legal restrictions that
may apply in a specific jurisdiction.
Pursuant to its authority under Sec. 52.21(u), Region 9 entered
into delegation agreements with the following permitting agencies on
the date specified: Bay Area Air Quality Management District--April 23,
1986; Kern County Air Pollution Control District--August 12, 1999;
Nevada Division of Environmental Protection--May 27, 1983; San Diego
County Air Pollution Control District--November 21, 1985; Santa Barbara
County Air Pollution Control District--August 21, 1985; Shasta County
Air Quality Management District--July 8, 1985; South Coast Air Quality
Management District--January 15, 1997; and Washoe County District
Health Department--April 9, 1985. Region 9 published notices of the
delegation agreements in the Federal Register at various dates.
On December 31, 2002, EPA published its Final Rule significantly
revising 40 CFR 52.21. 67 FR 80186 (Dec. 31, 2002). The revised rules
were effective on March 3, 2003.
Since publication of the revised PSD rules, Region 9 has consulted
with each of the California permitting agencies that implemented 40 CFR
52.21 pursuant to a delegation agreement and with the California Air
Resources Board (CARB). The permitting agencies and CARB have informed
Region 9 that they are unable to implement 40 CFR 52.21 as revised
without making changes to California law and/or local regulations.
Region 9 has also discussed the issue with the Nevada Division of
Environmental Protection, who indicated that changes to Nevada law
would be necessary for either NDEP or the Washoe County District Health
Department to implement the revisions to 40 CFR 52.21.
As the California and Nevada permitting agencies identified above
did not believe that their current law would allow them to implement
revised 40 CFR 52.21, Region 9 will resume issuing federal PSD permits
as of the date the revisions to 40 CFR 52.21 take effect. Region 9 has
issued a letter to each permitting agency in the Region that is
implementing 40 CFR 52.21 pursuant to a delegation agreement, advising
the permitting agencies that the delegation of federal PSD permitting
authority would be rescinded effective March 3, 2003. A copy of each
letter rescinding the PSD delegation of authority is available for
inspection and copying at the addresses provided above.
EPA's withdrawal of authority to implement the federal PSD
permitting program does not affect permitting requirements under state
or local law. Companies should continue to work with their state or
local permitting agencies to ensure that state or local permitting
requirements are met.
II. EPA Action
We have written letters rescinding the delegation agreements to
implement the regulations at 40 CFR 52.21 for the following California
permitting agencies: Bay Area Air Quality Management District; Kern
County Air Pollution Control District; San Diego County Air Pollution
Control District; Santa Barbara County Air Pollution Control District;
Shasta County Air Quality Management District; and South Coast Air
Quality Management District. We have written a letter rescinding the
delegation agreements to implement the regulations at 40 CFR 52.21 for
the following Nevada permitting agencies: Nevada Division of
Environmental Protection; Washoe County District Health Department.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
regulations, Reporting and recordkeeping requirements.
Dated: April 2, 2003.
Alexis Strauss,
Acting, Regional Administrator, Region IX.
[FR Doc. 03-9621 Filed 4-18-03; 8:45 am]
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