[Federal Register Volume 68, Number 173 (Monday, September 8, 2003)]
[Rules and Regulations]
[Pages 52837-52838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22648]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-7554-1]


Prevention of Significant Deterioration; Notice of Partial 
Delegation of Authority; Nevada Division of Environmental Protection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Partial Delegation of PSD permitting authority.

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SUMMARY: This document is to inform interested parties that, by a 
Delegation Agreement dated June 3, 2003, the Air Division Director of 
EPA, Region 9, is implementing a partial delegation of authority to 
issue Federal Prevention of Significant Deterioration (PSD) permits to 
the Nevada Division of Environmental Protection (NDEP).

DATES: The Delegation Agreement with NDEP is effective on June 3, 2003.

ADDRESSES: You can inspect a copy of the partial PSD Delegation 
Agreement at our Region IX office during normal business hours. Due to 
security procedures, please call Roger Kohn at 415-972-3973 at least 
one day in advance of inspecting this document at our office: Permits 
Office (AIR-3), Air Division, U.S. Environmental Protection

[[Page 52838]]

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
    You may also see copies of the partial Delegation Agreement at the 
following location: Nevada Division of Environmental Protection, Bureau 
of Air Pollution Control, 333 West Nye Lane, Carson City, NV 89706.

FOR FURTHER INFORMATION CONTACT: Gerardo Rios, EPA Region IX, (415) 
972-3974, or send email 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 between the Agency and permitting 
agencies set 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 a PSD delegation agreement with the Nevada Division of 
Environmental Protection (NDEP) on May 27, 1983. Region 9 published a 
notice of the delegation agreement in the Federal Register, (see 48 FR 
28269, June 21, 1983).
    On December 31, 2002, EPA published its Final Rule significantly 
revising 40 CFR 52.21. 67 FR 80186 (December 31, 2002). The revised 
rules were effective on March 3, 2003.
    Since publication of the revised PSD rules, Region 9 has consulted 
with NDEP, who indicated that changes to Nevada law would be necessary 
for them to fully implement the revisions to 40 CFR 52.21.
    As NDEP did not believe that current law would allow it to fully 
implement revised 40 CFR 52.21, Region 9 withdrew the 1983 delegation 
agreement for issuing Federal PSD permits on March 3, 2003.
    NDEP has advised EPA that it is on schedule to adopt State 
regulations consistent with the revised Federal PSD regulations and 
intends to submit those to EPA for approval into the Nevada State 
Implementation Plan (SIP) as a SIP revision. NDEP expects to have 
adopted such State regulations by January 2004.
    NDEP and EPA desire to continue to have NDEP implement and enforce 
the Federal PSD regulations to the extent possible while NDEP proceeds 
with adopting State regulations to fully implement the revised PSD 
regulations. Accordingly, on June 3, 2003, the EPA and NDEP entered 
into the partial Delegation Agreement to issue Federal Prevention of 
Significant Deterioration (PSD) permits. A copy of the agreement 
delegating partial PSD permitting authority is available for inspection 
and copying at the addresses provided above.
    As part of the transition process for implementing the new 
provisions, NDEP and EPA intend to allow permit applicants the 
opportunity to re-evaluate their projects in light of the new Federal 
PSD requirements if they so choose.

II. EPA Action

    Pursuant to 40 CFR 52.21(u), EPA delegates to NDEP responsibility 
for implementing and enforcing part of the Federal PSD regulations for 
all sources located in the State of Nevada under NDEP jurisdiction. 
NDEP is delegated to implement and enforce the Federal PSD regulations 
for any new major stationary source and for any modification of a major 
source that is a major modification. Region 9 has retained the 
authority to make applicability determinations under the revised PSD 
provisions effective March 3, 2003. Both EPA and NDEP acknowledge that 
under certain circumstances the State PSD regulations and Federal PSD 
regulations have different applicability criteria and that obtaining an 
exemption under one set of PSD regulations does not relieve a facility 
from compliance with the other PSD regulations.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
regulations, Reporting and recordkeeping requirements.

    Dated: August 21, 2003.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 03-22648 Filed 9-5-03; 8:45 am]
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