[Federal Register Volume 68, Number 58 (Wednesday, March 26, 2003)]
[Notices]
[Pages 14617-14619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7241]


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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 [email protected].

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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