[Federal Register Volume 68, Number 76 (Monday, April 21, 2003)]
[Rules and Regulations]
[Pages 19371-19372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9621]


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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rescinded the Region's delegations of authority to issue federal 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 [email protected].

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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