[Federal Register Volume 69, Number 222 (Thursday, November 18, 2004)]
[Notices]
[Pages 67578-67579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25624]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7837-8]


Announcement of the Delegation of the Title V Permitting Program, 
Consistent With Federal Operating Permit Programs to the Navajo Nation 
Environmental Protection Agency and the Suspension of Federal Operating 
Permit Program Fee Collection by EPA for Sources Covered by the 
Delegation of Authority Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Informational notice.

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SUMMARY: The purpose of this notice is to announce that on October 15, 
2004, EPA granted the Navajo Nation Environmental Protection Agency's 
(NNEPA) request for full delegation of authority to administer the 
Clean Air Act's (the Act) federal operating permits program. Under this 
delegation, NNEPA will issue and implement Title V operating permits 
for certain air pollution sources located within the formal boundaries 
of the Navajo Nation reservation and certain off-reservation Tribal 
Trust lands and will otherwise administer the program. The terms and 
conditions of the full delegation are specified in a Delegation of 
Authority Agreement (``Agreement'') between EPA Region IX and NNEPA, 
signed and dated on October 15, 2004. Region IX is also simultaneously 
suspending its collection of Part 71 fees, pursuant to 40 CFR 
71.9(c)(2)(ii), for sources identified in this notice or otherwise 
covered by the Agreement.

EFFECTIVE DATES: The effective date for the Agreement between EPA and 
NNEPA, and EPA's suspension of its Part 71 fee collection for sources 
identified in this notice or otherwise covered by the Agreement, is 
October 15, 2004.

ADDRESSES: Copies of the letter requesting delegation of authority to 
administer the federal operating permits program and the Agreement 
between EPA and NNEPA are available for public inspection at EPA's 
Region IX Office, 75 Hawthorne Street, San Francisco, CA 94105 and at 
the Navajo Nation Environmental Protection Agency Air Quality Control 
Program Office, Rt. 12 North/Bldg F004-051, Fort Defiance, AZ 
86504. Effective October 15, 2004, all notifications, requests, 
applications, reports and other correspondence required under 40 CFR 
Part 71 for all Part 71 sources identified in this notice or otherwise 
covered by the Agreement shall be submitted to NNEPA's Air Quality 
Control Program Office at the following address: Navajo Nation Air 
Quality Control Program Office, P.O. BOX 529 Fort Defiance, AZ 86504 
Attn: Chris Lee. Sources will also remain obligated to submit copies of 
such documents to EPA as set forth in the terms and conditions of their 
Part 71 permits and consistent with Section VII(2) of the Agreement.

FOR FURTHER INFORMATION CONTACT: Emmanuelle Rapicavoli, Permits Office 
(AIR-3), 75 Hawthorne Street, San Francisco, CA 94110, Telephone: 415-
972-3969, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The purpose of this notice is to announce 
that on October 15, 2004, EPA granted NNEPA's request for full 
delegation of authority to administer the Part 71 federal operating 
permits program for certain Part 71 sources. The Act and its 
implementing regulations under Part 71 authorize EPA to delegate 
authority to administer the Part 71 program to any eligible Tribe that 
submits a demonstration of adequate regulatory procedures and authority 
for administration of the Part 71 operating permits program.
    In order to be considered an ``eligible tribe,'' the NNEPA 
submitted, on June 17, 2004, an application for a determination, under 
the provisions of the Tribal Authority Rule (TAR), 40 CFR Part 49, that 
it is eligible to be treated in the same manner as a state for the 
purpose of receiving delegation of authority to administer the federal 
Part 71 operating permit program. The application excluded the Four 
Corners Power Plant and the Navajo Generating Station. Region IX 
reviewed NNEPA's application and determined that it met the four 
criteria for eligibility, identified in 40 CFR 49.6, for the sources 
described, and was thus eligible for entering into a delegation 
agreement with Region IX to administer the Part 71 program. Region IX's 
eligibility determination was signed on October 13, 2004.
    On July 16, 2004, NNEPA submitted a request to the Region to 
delegate the administration of the federal Part 71 program for certain 
Part 71 sources. The area included in the request, herein called the 
``Delegated Program Area,'' includes all lands within the formal 
boundaries of the Navajo Nation Reservation and the satellite 
reservations of Alamo, Canoncito and Ramah and Tribal trust lands 
located outside of the formal reservations in the Eastern Agency, 
excluding the Bennet Freeze area.
    As part of its request, NNEPA submitted a legal opinion from its 
attorney general stating that the Navajo Nation Air Pollution 
Prevention and Control Act and the Navajo Nation Air Quality Control 
Program Operating Permit Regulations provide it adequate authority to 
carry out all aspects of the delegated program. NNEPA provided all 
necessary documentation to demonstrate that it has adequate authority 
and adequate resources to administer the Part 71 federal permitting 
program.
    Pursuant to 40 CFR 71.10(b), EPA hereby notifies the public that 
effective October 15, 2004, it has granted NNEPA's request and is fully 
delegating the authority to administer the federal operating permits 
program as set forth under 40 CFR Part 71 and in the Agreement. The 
terms and conditions for full delegation are specified in the Agreement 
between EPA Region IX and NNEPA signed and dated on October 15, 2004.
    The Agreement applies to all new and existing sources within the 
Delegated Program Area except the Four Corners Power Plant and the 
Navajo Generating Station, for which Region IX retains sole authority 
to regulate under Title V. The existing Part 71 sources covered by the 
Agreement are the following: the El Paso Natural Gas Window Rock 
Compressor Station, the El Paso Natural Gas White Rock Compressor 
Station, the El Paso Natural Gas Navajo Compressor Station, the El Paso 
Natural Gas Leupp Compressor Station, the El Paso Natural Gas Dilkon 
Compressor Station, the Transwestern Pipeline Klagetoh Compressor 
Station, the Transwestern Pipeline Leupp Compressor Station, El Paso 
Natural Gas Gallup Compressor Station, the Conoco Phillips Wingate 
Fractionating Plant, Peabody Western Coal Company's Black Mesa Complex, 
the Chevron-Texaco Aneth Gas Plant, and the Exxon-Mobil McElmo Creek 
Unit. The Agreement also applies to all new Part 71 sources which will 
construct and operate within the Delegated Program Area as well as 
existing sources in the Delegated Program Area which later become 
subject to Part 71.
    If, at any time, EPA determines that NNEPA is not or cannot 
adequately

[[Page 67579]]

administer the requirements of Part 71 or fulfill the terms of the 
Agreement, this delegation may be revoked, in whole or in part, 
pursuant to 40 CFR 71.10(c). Under this delegation, EPA retains its 
authority to (1) object to the issuance of any Part 71 permit, (2) act 
upon petitions submitted by the public, and (3) collect fees from all 
owners or operators of sources described in the Agreement and subject 
to 40 CFR Part 71 if it is demonstrated that NNEPA is not adequately 
administering the Part 71 program in accordance with the Agreement, 40 
CFR Part 71, and/or the Act. Because EPA is retaining its authority to 
act upon petitions submitted pursuant to 40 CFR 71.10(h) and 71.11(n), 
any such petitions must be submitted to Region IX following the 
procedures set forth in those regulations.
    EPA also notifies the public, pursuant to 40 CFR 71.9(c)(2)(ii), 
that effective October 15, 2004, it has suspended collection of its 
Part 71 permit fees for those Part 71 sources identified in this notice 
or otherwise covered by the Agreement. In delegating the administration 
of the Part 71 program, EPA has determined that NNEPA can collect fees 
under tribal law sufficient to fund the delegated Part 71 program and 
carry out the duties specified in the Agreement. EPA retains its 
authority to collect Part 71 fees if it is demonstrated that NNEPA is 
not adequately administering the Part 71 program in accordance with the 
Agreement, Part 71, and/or the Act.

    Dated: October 26, 2004.
Jane Diamond,
Acting Regional Administrator, Region 9.
[FR Doc. 04-25624 Filed 11-17-04; 8:45 am]
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