pursuant to the provisions of the delegation agreement. 

2. On December 31, 2002, EPA finalized revisions to the regulations at 40 CFR 

52.21, which became effective on March 3, 2003. See 67 FR 80186. After 

discussions with the California Air Resources Board and the District, EPA 

informed the District that it would need to adopt revisions to Regulation XVII to 

address the recent PSD revisions and continue to implement the federal PSD 

program pursuant to 40 CFR 52.21. Accordingly, on March 3, 2003, EPA 

withdrew the delegation of federal PSD authority from the District. See 68 FR 

19371 (Apri121, 2003). 

3. On June 24,2005, the District of Columbia Court of Appeals vacated two 

provisions of the revised federal PSD regulations related to Clean Units and 

Pollution Control Projects. The provisions upheld by the Court provide new 

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this delegation agreement. 

III. Applicability 

1. EPA and the District have agreed to this partial delegation of PSD authority to 

allow the District to issue initial and modified PSD permits, except for 

modifications seeking to determine PSD applicability based on the additional 

calculation methodologies set forth in 40 CFR 52.21 and new or modified PSD 

permits seeking PALs. (Modifications include Administrative Amendments, 

Major Modifications, and non-Major Modifications.) 

2. Pursuant to this partial delegation agreement, the District shall have primary 

responsibility for issuing all new and modified PSD permit(s). 

3. The authority to issue a PSD permit containing a PAL is not delegated to the 

District as part of this delegation agreement. If any facility subject to this 

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change, or remove terms or conditions of this Agreement. 

3. EPA may review the PSD permit( s) issued by the District to ensure that the 

District's implementation of this delegation Agreement is consistent with federal 

PSD regulations for major sources and major modifications (40 CFR 52.21). 

4. If the EPA determines that the District is not implementing or enforcing the PSD 

program in accordance with the terms and conditions of this partial delegation 

agreement, the requirements ofRegulation XVII, 40 CFR 52.21, 40 CFR 124 or 

the Clean Air Act, this partial delegation agreement 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 District. 

5. If the District determines that issuing a PSD permit in accordance with the terms 

and conditions of this agreement, the requirements of Regulation XVII, 40 CFR 

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pp, 

pp

until such time as the appeal is resolved. Failure by the District to comply with 

the terms ofthis paragraph shall render the subject permit invalid for PSD 

purposes. 

V. Communication Between EPA and the District 

The District and EPA will use the following communication procedures: 

1. The District will forward to EPA copies of ( 1) the findings related to the PSD 

application, (2) the justification for the District's preliminary determination, (3) 

the draft permit and (4) all public notices required by 40 CFR 124. Such copies 

shall be provided at or prior to the beginning of the public comment period for 

each PSD preliminary determination. EPA will provide comments to the District 

as soon as possible prior to the close of the public comment period. 

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agencies prior to issuance of a PSD permit preliminary determination. For the 

purposes of the Endangered Species Act (ESA), the District shall: 

a. Notify the Fish and Wildlife Service (FWS) and EPA when a PSD permit 

application has been received, in order to assist EPA in caring out its nondelegable responsibilities under Section 7 ofthe ESA (PL 97-304). 

b. Notify applicants ofthe potential need for consultation between EPA and 

FWS if an endangered species may be affected by the project. 

c. Refrain from issuing a final PSD permit unless FWS has determined that the 

proposed project will not adversely affect any endangered species. 

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those cases where District rules or policy are more stringent. In that case, the 

District may elect to implement the more stringent requirements. 

2. Nothing in this partial delegation agreement shall prohibit EPA from enforcing 

the PSD provisions of the Clean Air Act, 40 CFR 52.21 or any PSD permit 

issued by the District pursuant to this agreement. 

3. In the event that the District is unwilling or unable to enforce a provision of this 

partial delegation agreement with respect to a source subject to the PSD 

regulations, the District will immediately notify the Air Division Director. 

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