ENVIRONMENTAL PROTECTION AGENCY 

40 CFR PART 52 

PREVENTION OF SIGNIFICANT DETERIORATION 

DELEGATION OF AUTHORITY 

NORTH COAST UNIFIED AIR QUALITY MANAGEMENT DISTRICT, CALIFORNIA 

AGENCY: Environmental Protection Agency (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 Quality Management 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 Protection Agency 

75 Hawthorne Street 

San Francisco, California 94105 

Telephone: (415) 744-1254 
SUPPLEMENTARY INFORMATION: 

The U.S. Environmental Protection Agency has delegated authority 

under the provision which are found in 40 CFR 52.2l(u), to the 

North Coast Unified Air Quality Management District to: (A) 

implement the PSD provisions for major stationary sources or 

major modifications which would either have stacks taller than 65 

meters or would use "dispersion techniques" 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 Unified Air Quality Management District received 

authority for PSD on August 30, 1985. The amended delegation 

became effective on January 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 Air Act only in the Ninth Circuit 

Court of Appeals. A petition for review must be filed by (60 days 

after publication in the Federal Register]. 

Date 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

Wayne Morgan 

75 Hawthorne Street 

San Francisco, CA 94105 

January 11, 1993 

Air Pollution Control Officer 

North Coast Unified Air Quality 

Management District 

2389 Myrtle Avenue 

Eureka, CA 95501 

Dear Mr. Morgan: 

OFFICE OF THE 

REGIONAL ADMINISTRATOR 

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 stack heights greater than 65 meters, and the federal N02 increment provisions. · 

EPA will continue to provide any guidance or technical 

assistance that may 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 know you are, unobstructed channels of 

communication between our agencies. We look forward to a 

continuing partnership in the permitting program. 

Enclosures 

cc: Ray Menebroker, ARB 

Sincerely, 

~ w~ :ro f.,.i vJ;sfDaniel W. McGovern 

-{\sV R€gional Administrator 

Printed on Recycled Paper 
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 or the District) and the United States 

Environmental Protection Agency (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 Basin Air Pollution Control 

Regulations which were adopted by NCUAQMD on November 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 or major modifications under 40 CFR ~21 

and which would either have 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 or modiTications 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. District Authorities 

EPA on October 17, 1988 at 

to Construct (permits) 

issued in accordance with the provisions of §52.21 will be deemed to 
meet Federal PSD permit requirements pursuant to the provisions of 

this delegation agreement. This delegation is executed pursuant to 40 

CFR §52.2l(u), Delegation of Authority. 

Permits 

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

2. 

with stack heights 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) that portion of any ~ ./ 

'l" 

stack height 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 Stack Height.) 

District permits issued ia.,ursuant to this agreement must meet the 

requirements of 40 CFR ~2.21. District Authorities 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 modified major stationary sources 

that may adversely impact visibility in mandatory Class I areas, 

unless the District permits comp~~ith EPA's final regulations 

regarding visibility review (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's preliminary 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 Coast AQMD 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 incorporated will be addressed, and a summary 

of the responses will be provided. 

6. The North Coast AQMD will send to EPA a copy of all applicability 

determinations and justifications made that would involve PSD 

exemptions for new or modified major sources. 

7. The North Coast AQMD will request EPA guidance on any matter 

irtvolving the interpretation of Sections 160-169 of the Clean Air 

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 authority under the Clean Air Act and upon 

reasonable notice, EPA may review the permits issued by the 

District under this agreement to ensure that the District's 

implementation of §52.21 is consistent with . 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 be made in accordance with 

current U.S. EPA guidance as provided to th~ District. Emissions 

from the following sources consume N02 increment: (1) any new 

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major stationary source or modification of a major stationary 

source on which construction begins after February 8, 1988; and 

(2) minor, area, and mobile sources_,;t_fter the minor 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 not 
begun, the summary report shall so state. 

12. Pursuant to its authority under 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 consistent with the 

requirements of the federal regulations (40 CFR &.21). 

13. District permits issued pursuant to this agreement which meet 

the requirements of 40 CFR i;;.21 will be considered valid by 

EPA. The determination of whether District permits are in 

compliance or noncompliance with 40 CFR ~2.21 shall be made by 

EPA. 

14. The primary responsibility for enforcement of the PSD regulations 

in the District will rest with the District. The District will 

enforce the provisions that pertain to the PSD program, except in 

those cases where the rules and policy of the District are more 

stringent. In that case, the District may 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 

District will immediately notify the Regional Administrator. 

Failure to notify the Regional Administrator does not preclude 

EPA from exercising its enforcement authority. Nothing in this 

agreement shall prohibit EPA from enforcing the PSD provisions of 

the Clean Air Act, the PSD regulations or any PSD permit issued 

by the District pursuant to this agreement. 
General Conditions 

1. This delegation may 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 Clean Air Act, this delegation, after having 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 such revocation 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 the Administrator on permits issued by the NCUAQMD 

under this delegation (address enclosed). For purposes of 
implementing 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 

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