[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Notices]
[Pages 37149-37150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15763]



[[Page 37149]]

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ENVIRONMENTAL PROTECTION AGENCY

[CA091-OPP; FRL-7517-1]


Expiration of Interim Approval of Antelope Valley's Clean Air Act 
Operating Permits Program in California; Announcement of a Federal 
Operating Permits Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that as of January 21, 2003, pursuant to 
EPA's title V operating permits program regulations, interim approval 
of the title V operating permits program in Antelope Valley Air 
Pollution Control District (Antelope Valley APCD or the District) has 
expired. EPA was unable to grant full approval to the District's title 
V program before the expiration date because the District could not 
resolve EPA's finding that California's agricultural permitting 
exemption in Health and Safety Code Section 42310(e) unduly restricts 
the District's ability to adequately administer and enforce the title V 
program. As a result of the expiration of the interim approval of the 
District's program, EPA will implement the federal operating permits 
program for all major stationary sources in Antelope Valley APCD.

ADDRESSES: Correspondence with the Region IX Air Permits Office should 
be mailed to EPA Region 9, Air Division, Permits Office (AIR-3), 75 
Hawthorne Street, San Francisco, California, 94105.

FOR FURTHER INFORMATION CONTACT: Gerardo Rios, EPA Region 9, Air 
Division, Permits Office (AIR-3), at (415) 972-3974 or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' means EPA.

Table of Contents

I. Background
II. Effect of Today's Notice
III. Notification of Part 71 Program Effectiveness

I. Background

    Title V of the Clean Air Act (CAA or Act) requires all state 
permitting authorities to develop operating permits programs that meet 
certain federal criteria codified at 40 Code of Federal Regulations 
(CFR) part 70. California has delegated responsibility for adopting and 
implementing the required title V permitting programs to the local air 
pollution control districts. On November 30, 2001, EPA approved the 
permitting programs for 34 air districts in the State. 66 FR 63503 
(December 7, 2001). Our approval, however, was challenged by several 
groups alleging that the approval was unlawful based in part on a State 
law provision (Health and Safety Code Section 42310(e)), which 
precludes local air districts from permitting major agricultural 
sources that would otherwise be subject to title V permitting. Because 
of this permitting exemption, EPA determined that the title V programs 
in these 34 districts were inadequate and published this determination 
in a Notice of Deficiency (NOD). 67 FR 35990 (May 22, 2002). The State 
had 90 days to take corrective action. Since the State did not take 
corrective action, EPA partially withdrew approval of the title V 
programs in these 34 districts, with the final rule effective November 
14, 2002. 67 FR 63551 (October 15, 2002). In conjunction with this 
partial withdrawal, EPA announced that we would implement a federal 
title V permitting program in these districts for major agricultural 
sources. Id.
    Antelope Valley APCD is a relatively new air pollution control 
district in California, created by the State legislature in 1997. As a 
result, review of the District's title V program has been independent 
from review of the other 34 districts' programs. Antelope Valley APCD's 
title V operating permits program was granted interim approval, 
effective January 18, 2001. 65 FR 79314 (December 19, 2000). EPA 
identified three deficiencies in the District's program which prevented 
full approval.\1\ In the final interim approval, EPA explained that if 
these deficiencies were not corrected such that EPA could grant full 
approval of the District's program by January 21, 2003, federal law 
would require EPA to administer and enforce a federal permits program 
for the District. Id. at 79315.
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    \1\ In addition to the permitting exemption for agricultural 
sources described above, EPA also directed the District to address 
inconsistencies between District rules and federal requirements 
governing reopening of certain permits and emission cutoffs for 
insignificant sources.
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    Of the three deficiencies noted by EPA, two were corrected by 
Antelope Valley APCD in a timely manner (submittal dates of October 22, 
2001, and June 17, 2002). The third deficiency--EPA's finding that the 
State's agricultural permitting exemption at Health and Safety Code 
Section 42310(e) unduly restricts the local district's ability to 
adequately administer and enforce its title V program--has not been 
corrected by the State. This is the same deficiency identified in the 
NOD regarding the inadequacy of the title V programs for the 34 other 
districts (see 67 FR 35990, May 22, 2002). Because this deficiency has 
not been corrected and interim approval of the District's program has 
expired, EPA must implement and enforce the part 71 program for major 
stationary sources, including major stationary agricultural sources, in 
Antelope Valley APCD. EPA will continue to implement the title V 
permitting program in the District until the permitting exemption in 
state law is removed and EPA grants full approval to the District's 
program.

II. Effect of Today's Notice

    As a result of the expiration of the interim approval, EPA began 
implementation of the part 71 program for major stationary sources in 
the Antelope Valley APCD, effective January 21, 2003. EPA is not 
promulgating a part 71 program with today's notice, since such a 
program has already been promulgated by the Agency. See 61 FR 34202 
(July 1, 1996). The purpose of today's notice is to inform the public 
that the interim approval of Antelope Valley APCD's title V program has 
expired and that EPA is now implementing the federal part 71 permitting 
program for major stationary sources, including major stationary 
agricultural sources, in the District.
    Pursuant to 40 CFR 71.5(a)(1)(i), major stationary sources which do 
not have an existing operating permit issued by a State (or local 
permitting authority) under an approved part 70 program, and which are 
applying for a part 71 permit for the first time, must submit an 
application within 12 months after becoming subject to the permit 
program or on or before such earlier date as the permitting authority 
may establish. For Antelope Valley APCD, the deadline will be 12 months 
after January 21, 2003. Therefore, major stationary sources (including 
major stationary agricultural sources) that do not have a title V 
permit are required to submit part 71 permit applications to the EPA 
Region IX Permits Office (see ADDRESSES section) no later than January 
21, 2004. Existing major stationary sources planning to undergo 
modification(s) should note that applications or supplemental 
information for a pending application should be sent to the EPA Region 
IX Permits Office and that EPA will review the application.
    The deadline for submitting fees depends on the type of source or, 
more specifically, on the source's SIC code. Pursuant to 40 CFR 
71.9(f)(1)(i), agricultural sources have six months from the effective 
date of the part 71 program. Therefore, agricultural sources

[[Page 37150]]

must submit fees by July 21, 2003. However, agricultural sources should 
note that EPA has published a direct final rule and parallel proposal 
to amend these regulations to defer fees for agricultural sources. 68 
FR 25507 (May 13, 2003); 68 FR 25548 (May 13, 2003). For other types of 
sources, refer to 40 CFR 71.9(f)(1) for fee submittal deadlines.
    As we noted in the final rulemaking for the 34 other districts in 
California, EPA is committing to provide additional guidance on the 
implementation of the part 71 program for new major stationary 
agricultural sources. The additional guidance, which EPA will make 
widely available through direct outreach to potentially subject sources 
and through other means, will provide clearer direction as to the types 
and sizes of operations that are presumptively major under the title V 
program.
    In line with this commitment, EPA is developing streamlined 
application forms \2\ and user-friendly instructions for agricultural 
sources. The documents, along with regularly updated information, are 
available at a web page dedicated to the topic of title V permitting 
for agricultural sources in California.\3\ The Web site is at: http://www.epa.gov/region09/air/ca/title5app.html. It should be noted that it 
is ultimately the responsibility of the source to submit a permit 
application if it is subject to the part 71 program, regardless of 
whether contact is initiated by EPA or any other regulatory authority.
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    \2\ If an owner or operator of a subject source prefers to use 
the standard part 71 permit application, those forms, as well as 
instructions for completing the forms, are available electronically 
at www.epa.gov/air/oaqps/permits/p71forms.html. Part 71 permit 
applicants may also contact the EPA Region IX Air Permits Office as 
described in the FOR FURTHER INFORMATION CONTACT section of this 
notice.
    \3\ Note that the Web site lists an application deadline of May 
14, 2003. This deadline applies only to the 34 other districts in 
California. The application deadline for all major stationary 
sources in Antelope Valley APCD that do not have a title V permit is 
January 21, 2004.
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    If you have questions, EPA has also implemented a toll-free 
voicemail hotline as well as a dedicated e-mail address for any 
agricultural-permit-related questions. The phone number and e-mail 
address are listed below and can also be found on the Web site.

Toll-free voicemail hotline: 1-800-810-9798
E-mail: [email protected]

    An owner or operator of a source may request a part 71 
applicability determination from EPA. Pursuant to 40 CFR 71.3(e), the 
written request shall be made by the source's responsible official to 
the EPA Region IX Regional Administrator, shall include identification 
of the source and relevant facts about the source, and shall meet the 
certification requirements of 40 CFR 71.5(d).

III. Notification of Part 71 Program Effectiveness

    Section 71.4(g) requires that, in taking action to implement and 
enforce a part 71 program, EPA shall publish a notice in the Federal 
Register informing the public of such action and the effective date of 
any part 71 program. By this notice, EPA is today informing the public 
of the Agency's implementation of the part 71 federal operating permits 
program for major stationary sources located within the jurisdiction of 
Antelope Valley APCD. The effective date of this program is January 21, 
2003.
    In addition to today's Federal Register notice, EPA will also, to 
the extent practicable, publish notice in a newspaper of general 
circulation within the Antelope Valley APCD area in accordance with the 
requirements of 40 CFR 71.4(g). Finally, in accordance with 40 CFR 
71.4(g), EPA has provided a letter to Winston H. Hickox, Secretary, 
California Environmental Protection Agency, as California Governor Gray 
Davis' designee, to provide notice of the effectiveness of EPA's part 
71 program for major stationary sources in Antelope Valley APCD.

    Dated: June 12, 2003.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 03-15763 Filed 6-20-03; 8:45 am]
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