ENVIRONMENTAL PROTECTION AGENCY 40 CFR PART 52 PREVENTION OF SIGNIFICANT DETERIORATION DELEGATION OF AUTHORITY NORTH COAST UNIFIED AIR QUALITY MANAGEMENT DISTRICT, CALIFORNIA
AGENCY: Environmental ProtectionAgency (EPA)
ACTION: Delegation of Authority
SUMMARY: The Regional Administrator for EPA Region 9, San Francisco, has delegated to North Coast Unified Air Quality Management District, California, authority to implement the N02 increment**~rogram** and**impl~ment** the Federal Prevention of Significant Deterioration (PSD) Program for sources with stack heights greater than 65 meters.
DATE: The effective date of the initial delegation was August 30, 1985. The effective date of the revised delegation is January 8, 1993.
ADDRESS: North Coast Unified Air QualityManagement District 2389 Myrtle Avenue Eureka, CA 95501
FOR FURTHER INFORMATION CONTACT: Matt Haber New Source Section (A-5-1) Stationary Source Branch Air and Toxics Division U.S. Environmental ProtectionAgency 75 Hawthorne Street San Francisco, California 94105 Telephone: (415) 744-1254SUPPLEMENTARY INFORMATION: The U.S. Environmental ProtectionAgency has delegated authority under the provision which are found in 40 CFR 52.2l(u), to the North Coast UnifiedAir QualityManagement District to: (A) implement the PSD provisions for major stationary sources or majormodificationswhichwould eitherhave stacks tallerthan 65 meters orwould use "dispersiontechniques" which commence· construction after the effective date of this delegation; and (B) implement the Nitrogen Oxides provisions of the PSD rule promulgated by EPA on October 17, 1988 at 53 Fed. Reg. 40656.
Information on this delegation together with a copy of the delegation is provided below:
North Coast UnifiedAir QualityManagement District received authority for PSD on August 30, 1985. The amended delegation became effective onJanuary 8, 1993. The following letter and attached agreement represent the terms and conditions of the amended delegation.
DATE: The pSD Delegation of Authority is reviewable under Section 307(b)(1) of the Clean AirAct only in the Ninth Circuit Court ofAppeals. Apetition for reviewmustbe filed by (60 days after publication in the Federal Register].

DateUNITEDSTATESENVIRONMENTALPROTECTIONAGENCY REGIONIX

WayneMorgan 75HawthorneStreet SanFrancisco,CA94105 January 11, 1993

Air Pollution Control Officer North Coast UnifiedAir Quality Management District 2389 MyrtleAvenue Eureka, CA 95501 DearMr. Morgan: OFFICEOFTHE REGIONALADMINISTRATOR

I am pleased to transmit the EPA-NCUAQMD Prevention of Significant Deterioration (PSD) delegation agreement. The agreement extends the District's PSD authority to include sources with stackheights greaterthan 65 meters, and the federal N02 increment provisions. · EPA will continueto provide any guidance or technical assistance thatmay be needed in the District's implementation of this agreement. EPA is committed to including the District in decisions relating to determinations of compliance or noncompliance with permits issued under this agreement, intended PSD enforcement actions, and in any intended revocation proceedings related to this agreement. We are also committed to maintaining, as I knowyou are, unobstructed channels of communicationbetween our agencies. We look forward to a continuing partnership in the permittingprogram.

Enclosures
cc: Ray Menebroker, ARB Sincerely,

# ~**w~** :rof.,.i 

### vJ;sfDaniel W. McGovern 

## -{\sVR€gionalAdministrator

PrintedonRecycledPaper

### U.S. EPA-NORTH**~OAST** 

### UNIFIED AQMD AGREEMENT FOR DELEGATION OF AUTHORITY FOR PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY (40 CFR

# ~21)
The undersigned, on behalf of the North Coast Unified Air Quality Management District (NCUAQMD orthe District) and the United States Environmental ProtectionAgency (U.S. EPA), hereby agree to the delegation of authority of the administrative and enforcement elements of the stationary sour}: review and the Nitrogen Dioxide Increment provisions of 40 CFR {52.21, Prevention of Significant Deterioration (PSD), from the U.S. EPA to the NCUAQMD, subject to the terms and conditions below. In the July 31, 1985 Federal Register (50 FR 30943), EPA approved the North Coast Air BasinAir Pollution Control Regulations whichwere adopted by NCUAQMD onNovember 3, 1982 and amended subsequently. The PSD portion of Regulation 1 was determined to generally meet the requirements of 40 CFR

# ~-21. However, EPA retained the authority to apply 40 CFR

# ~21 for projects which are major stationary sources ormajor modifications under 40 CFR

# ~21 and which would eitherhave stacks taller than 65 meters or would use "dispersion techniques" as defined in 40 CFR

# 1. This delegation

# v~ agreement authorizes NCUAQMD to implement the PSD provisions for any such sources ormodiTications which commence construction after the effective date of this delegation. In addition, this delegation agreement authorizes NCUAQMD to implement the Nitrogen Oxides**provis~ns** of the PSD rule promulgated by 53

# F~.**Re~** 40656. DistrictAuthorities EPA on October 17, 1988 at to Construct (permits) issued in accordance with the provisions of §52.21 will be deemed tomeet Federal PSD permit requirements pursuant to the provisions of this delegation agreement. This delegation is executedpursuant to 40 CFR §52.2l(u), Delegation of Authority.

Permits

l. For those major stationary sources, or major modifications,

2. with stackheights greater than 65 meters: in determining the degree of air pollutant emission limitation required under the applicable State Implementation Plan or this delegation agreement, no credit shall be given for!(1) thatportion of any**~** ./ 'l" stackheight which exceeds good engineering practice (GEP) or for (2) any other dispersion technique. (Refer to the enclosed June 1985 EPA Guideline for Determination of GEP StackHeight.)

District permits issuedia.,ursuant to this agreement must meet the requirements of 40 CFR

### ~2.21. DistrictAuthorities to Construct must be issued prior to the beginning of actual construction, as - that

. term is defined in 40 CFR

## ~2.2l(b)(11), as required by 40 CFR

# rs;.21(i)(1)

.

3. EPA reserves authority for performing the review of the visibility impacts of new or modifiedmajor stationary sources thatmay adversely impact visibility in mandatory Class I areas, unless the Districtpermits**comp~~ith** EPA's final regulations regarding visibilityreview (50

### ~28544, July 12, 1985).

4. The North Coast AQMD shall forward to EPA, at or prior to the

# ~beginning of the public comment period, a summary of:(l)**~he**pfindings related to each PSD application for new sources, major modifications and permit amendments (2) the justification for the District'spreliminary determination, and (3) a copy of the draft PSD permit. Should there be any comments or concerns about the pending PSD permit, EPA will communicate them to the District as
soon as possible prior to the close of the public comment period.

5. The North CoastAQMD shall forward to EPA copies of the proposed final action on PSD permit applications prior to issuance, as well as copies of substantive public comments. Any substantive public comments not incorporatedwill be addressed, and a summary of the responses will beprovided.

6. The North CoastAQMD will send to EPA a copy of all applicability determinations and justificationsmade that would involve PSD exemptions for new or modifiedmajor sources.

7. The North CoastAQMD will request EPA guidance on any matter irtvolving the interpretation of Sections 160-169 of the CleanAir Act or 40 CFR ls;.21 to the extent that implementation, review, administration or enforcement of these sections has not been covered by determinations or guidance sent to the District.

8. Pursuant to its authorityunder the CleanAir Act and upon reasonable notice, EPA may review the permits issued by the Districtunder this agreement to ensure that the District's implementation of §52.21 is consistentwith

.the**cont~rnporaneous**time frame and actual emissions baseline requirements of federal regulations (40 CFR fs2.21(b)(3)).

9. Pursuant to provisions of Section 7(a} of the Endangered Species

10. Act of 1973 (16

## u.s.c. 1536(a)), EPA may not delegate and hereby retains its responsibilities to ensure that PSD permitting actions by the District are not likely to jeopardize the continued existence of endangered or threatened species, or adversely modify their critical habitats.

Pursuant to the provisions of 40 CFR

# fu.21(u)(2)· ,·the District shall consult with the appropriate State or local agency primarily responsible for managing land use prior to making any determinations under this Agreement.

11. The District shall conduct a periodic review of the N02 increment status for each Section 107 area designated as attainment over which it has jurisdiction and shall prepare a summary report of that review. Such review shall bemade in accordance with current U.S. EPA guidance as provided to**th~** District. Emissions from the following sources consume N02 increment: (1) any new 5-- major stationary source ormodification of a major stationary
source on which construction begins after February 8, 1988; and (2) minor, area, and mobile sources_,;t_fter theminor source baseline date as defined by 40 CFR §s2.21. The initial review of the N02 increment status shall address the·consumption of N02 increment, if any, between February 8, 1988, and the effective date of this Agreement. If N02 increment consumption has notbegun, the summary report shall so state.

12. Pursuant to its authorityunder the Act and upon reasonable notice, EPA may review N02 increment consumption analyses performed by NCUAQMD under this agreement to ensure that the**Dist~ict's** implementation of Regulation 1 is consistentwith the requirements of the federal regulations (40 CFR &.21).

13. Districtpermits issuedpursuant to this agreement whichmeet the requirements of 40 CFR i;;.21will be considered valid by EPA. The determination of whether District permits are in compliance or noncompliance with 40 CFR

## ~2.21 shall bemade by EPA.

14. The primaryresponsibility for enforcement of the PSD regulations in the District will rest withthe District. The Districtwill enforce the provisions thatpertain to the PSD program, except in those cases where the rules and policy of the District aremore stringent. In that case, the Districtmay elect to implement the
more stringent requirements. In the event that the District is unwilling or unable to enforce a provision of this delegation with respect to a source subject to the PSD regulations, the Districtwill immediately notify the Regional Administrator. Failure to notify the Regional Administrator does not preclude EPA from exercising its enforcement authority. Nothing inthis agreement shall prohibit EPA from enforcing the PSD provisions of the CleanAir Act, the PSD regulations or any PSD permit issued by the Districtpursuant to this agreement.General Conditions

1. This delegationmay be amended at any time by the formal written agreement of both the NCUAQMD and the U.S. EPA, including amendment to add, change, or remove conditions or terms of this agreement.

2. If the District adopts revisions to Regulation 1 that EPA deems to be less stringent than 40 CFR

## ~2.21 provisions or conditions of this agreement, EPA may take steps to revoke the delegation in whole or in part pursuant to condition 3 below or the parties may amend the agreement pursuant to condition 1 above. Any substantive amendments to Regulation 1 that are adopted by the District shall not be applied under this agreement until the agreement is amended so to provide.

3. If the U.S. EPA determines that the NCUAQMD is not implementing

4 . the PSD program in accordance with the terms and conditions of this delegation, the requirements of 40 CFR f52.21, 40 CFR efi'24,
or the CleanAir Act, this delegation, afterhaving provided written notification to the District of the deficiencies and allowed a reasonable time to respond, may be revoked in whole or in part. Any suchrevocation shall be effective as of the date specified in a Notice of Revocation to the NCUAQMD.

The permit appeal provisions of 40 CFR *24 shall apply to all appeals to theAdministrator on permits issued by the NCUAQMD under this delegation (address enclosed). For purposes ofimplementing the federal permit appeal provisions under this delegation, if there is a public comment requesting a change in a draft preliminary determination or draft permit conditions, the final

.permit issued by the NCUAQMD shall contain a statement that for Federal PSD purposes and in accordance with 40 CFR fi24.15 and

# fl24.19~ (1) the effective date of the permit is 30 days**~ /**  after the date of the final decision to issue, modify, or revoke and reissue the permit; and (2) if an appeal is made to the Administrator, the effective date of the permit is suspended 

## · {?..-- until such time as the appeal is resolved. The NCUAQMD shall inform EPA Region IX in accordance with conditions of this delegation when there is public comment requesting a change in



### .. . the preliminary determination or in a draft permit condition. Failure by the NCUAQMD to comply with the terms of this paragraph shall render the subject permit invalid for Federal PSD purposes.

6. This delegation of authority becomes effective upon the date of the signatures of both parties to this Agreement.

Date:

### l:J-/J.~**/q~** I 

# w·**,~** 

# .· .**North°&lasf=unified~C\.~~~** QualityManagement District**VVlav-)~1-"** 

# &.w LA-<--- ·

### ~oh.
. . V\. U.S.

### ~ntalProtection

### L~f("' Agency**l~**

# ~ \0