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Citation: 48 Fed. Reg. 28269 1983

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### Federal Register 

# I Vol. 48, No. 120 

# I Tuesday, June 21, 1983 

## / Rules and Regulations

In 1-313h, the first sentence is replaced by two sentences which make it clearer that interest does not run on a claim that must be certified until it is certified and how the interest to be paid

on a claim is calculated.

In 7-103.12, the Claims and Disputes clause, (e)(ii) is revised to read "in the United States Claims Court" and (g) is revised to make it clearer that interest does not run on a claim that must be certified until it is certified and how the interest to be paid on a claim is calculated. The new clause (May 1983) will be incorporated in procurement forms as they arereprinted. Pending such incorporation, contracting officers must substitute the May 1983 clause for previous editions of the clause. (5U.S.C. 

### 552(a), 39 U.S.C. 401, 404. 410, 411)
W.

### Allen Sanders, AssociateGeneralCounsel,OfficeofGeneral Lawand Administration.

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### ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52
[A-9-FRL 2386-11

Prevention of Significant Deterioration; Delegation ofAuthorty, State of Nevada "
AGENCY. Environmental Protection Agency (EPA). ACTION: Notice offinal rulemaking.

SUMMARY. The Regional Administrator for EPARegion 9, San Francisco, has delegated full authority to the State of Nevada to implement and enforce the Federal Prevention ofSignificant Deterioration (PSD) Program. DATE: 

### The effective date ofdelegation is May 27, 1983. ADDRESS: Nevada Department of Conservation and Natural Resources, 201 South Fall Street Carson City, NV 89710. FOR FURTHER INFORMATION CONTACT. 

### Julie A. Rose, New Source Section (A-3- 1), Air Operations Branch, Air Management Division, U.S. Environmental Protection Agency, 215 Fremont Street, San Francisco, CA 94105, Telephone: (415) 974--8236.
SUPPLEMENTARY INFORMATION. The 

### Environmental Protection Agency has delegated under the provisions which

are found in 40 CFR 52.21(u), to the State ofNevada: (A) authority over all

sources in that State subject to review for tire prevention of significant deterioration ofair quality, pursuant to Part C, 160-169 ofTitle I ofthe Clean Air Act as amended August 7, 1977 and the requirements promulgated in the July 1, 1979 edition of40 CFR 52.21 as amended August 7, 1980 under authority of sections 101, 110 

### and 160-169 ofthe Clean Air Act; and (B) authority to review, administer, and enforce throughout the State the PSD requirements imposed by the Clean Air Act sections 101, 110, and 160-169, and 40 CFR 52.21 as amended August 7, 1980.

Information on this delegation together with a copy ofthe delegation is provided below:

On August 12, 198Z the Director ofthe Nevada Department of Conservation and Natural Resources requested delegationof authority for PSD. Full delegation was granted on May 20, 1983 and became effective on May 27, 1983. The following letter and attached agreement represent the terms and conditions ofthe delegation.
Ref: NSS-3-1-5 Mr.Roland D. Westergard Director, Department ofConservation and Natural Resources.Stateof Nevada, Nye Building,201 SouthFallStree Carson City,NV Dear Mr. Westergard: Thank you for your letter ofAugust 12, 1982requesting delegation ofPrevention ofSignificant Deterioration (PSD) authority to the State ofNevada. The intent ofdelegating PSD authority is to reduce duplicate source permit reviews by

our respective air programs and provide prospective applicants with one less agency to deal with in obtaining a construction permit.

Region 9 staffhave evaluated the practices and procedures used by the Nevada Department ofConservation and Natural Resources, Division ofEnvironmental Protection (NDCNR-DEP) for reviewing construction permit applications and have determined that the technical and administrative elements ofthis airprogram

are adequate to implement a delegated PSD program.

Enclosed are two copies ofthe delegation ofauthority agreement for the PSD program which Ihave signed.I believe our respective agencies have developed an arrangement which will benefit our agencies as well as permit applicants. Ifyou willreturn a signed copy within 10 days, we wil publish a notice announcing this delegation in the Federal Register in the near future.

Thank you for the cooperation and effort you and your staffcontributed in developing this agreement. If you have any questions do not hesitate to contact me or have your staff
contact Julie A. Rose of mystaffat (415) 974- 8238k Cordially yours, Sonia F. Crow, RegionalAdministrator. Enclosure. U.S. EPA-NDCNR-DEP Agreement for Delegation ofAuthority of the Regulations for Prevention ofSignificant Deterioration ofAir Quality (40 CFR 52.21)

. The undersigned, on behalfofthe Nevada Department ofConservation and Natural Resources, Division ofEnvironmental Protection (NDCNR-DEP) and the United States Environmental Protection Agency (U.S. EPA), hereby agree to the delegation of authority for the administrative, technical and enforcement elements ofthe source review provisions of40 CFR 52.21, Prevention ofSignificant Deterioration (PSD) from the U.S. EPA to the NDCNR-DEP, subject tothe
terms and conditions below. This delegation is enacted pursuant to40 CFR 52.21(v), Delegation ofAuthority.

1.For the first five PSD permits, EPA will assist the NDCNR-DEP in determining BACT. During this time, dual concurrence (Nevada and EPA) will be required for each BACT determination on proposedpermits. EPA will

ensure NDCNR-DEP access to theBACT Clearinghouse.

2.The NDCNR-DEP and EPA will have dual concurrence responsibility onthe White Pine Power Project

3. EPA concurrrence on modeling and BACT will be required for PSD sources with predicted actual emissions exceeding 2,000
tons per year for carbon monoxide, 1,000tons per year for nitrogen dioxide, and 500 tons per year for total suspended particulate and sulfur dioxide.

4. NDCNR-DEP and U.S. EPA will develop

a procedure and communication system which accomplishes the following:

a. The U.S. EPA will within 60 days ofthe effective date ofthis Agreement inform the NDCNR-DEP ofthe compliance status of

sources in the State ofNevada which have been issued an NSR orPSD permit by U:S. EPA.

b.The NDCNR-DEP will routinely report to the U.S. EPA the compliance status ofthe

sources which have received an NSR or.PSD permit from eitherNDCNR-DEP or EPA. The Compliance Data System (CDS) willbe used for this purpose. Compliance determinations will be made with respect to the conditions established in such NSR and PSD permits.

c. For the PSD permit applications to which 1, 2, or 3 apply, theNDCNR-DEP will forward to the U.S. EPA all relevant permit application materials immediately following receipt of same by theState.

d. For all other PSD permit applications, the NDCNR-DEP will forward to the U.S. EPA. at the onset of the public comment period, 1) a copy ofeach permit application. 2) a copy ofNDCNR-DEP's preliminary determination. and 3) a copy ofall applicable technical support documentation. Should there be any comments orconcerns about the pending PSD permit, U.S. EPA will communicate these comments and concerns to the NDCNR-DEP as soon as possible before the closing ofthe public comment period.

e. The NDCNR-DEP will send to EPA a copy ofall applicability determinations and justifications made that would involve PSD exemptions due to offsetting ornetting. 

### 28269

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### 28270 Federal Register / Vol. 48, No. 120 / Tuesday, June 21, 1983 / Rules and Regulations

f. The NDCNR-DEP will, as appropriate, incorporate all comments made by EPA on the draft permit. Any comments not incorporated will be addressed, and a summary ofcomments and responses will beincluded in the finalpermit package available to the public.

g. The NDCNR-DEP will forward to U.S. EPA copies ofthe final actions on the PSD permit applications at the time ofissuance, as well as copies ofsubstantive public comments received during the comment period.

h. The NDCNR-DEP will report the status ofincomplete permit applications to the U.S. EPA on an as-needed basis.

i.The NDCNR-DEP will notify the U.S. EPA prior to determinations concerning substantive PSD permit modifications and amendments, making available to the U.S. EPA, uponrequest, relevant technical data. U.S. EPA will communicate comments and

concerns within three weeks ofreceipt of notification.

j.The NDCNR-DEP shall consult with the appropriate State and local agency primarily responsible for managing land use, prior to issuance ofpreliminary determinations.

5. PriorU.S. EPA concurrence is to be obtained onany matter involving the interpretation ofSections 160to 169 ofthe Clean AirAct or 40 CFR Section 52.21 to the extent that implemenation, review, administration orenforcement ofthese sections have not been covered by determinations or guidance sentto NDCNRDER

6. The State will at no time grant any waiver or variance to the permit requirements, approve any compliance schedule, or issue any administrative order which violates any presently effective PSD provisions (including NSPS/NESHAPS requirements] without prior written

concurrence ofU.S. EPA.

7. The primary responsibility for enforcement ofthe PSD regulations in the State ofNevada will rest with the NDCNRDE. The NDCNR-DEP will enforce whicheverprovisions are more stringent: the Federal PSD program provisions or any EPA approved State regulations. If the State enforces the delegated provisions in a'

mannerinconsistent with the terms and conditions ofthis delegation or the Clean Air Act, U.S. EPA may exercise its enforcement authority contained in the Clean Air Act with respect to the sources in the State ofNevada subject to the PSD provisions.

8. Registration Certificates (Authorities to Construct) must include appropriate provisions as specified in Attachment A to
ensure permit enforceability. Pernit conditions shall at a minimum, contain reporting requirements on initiation of construction, start-up, and where applicable,

source testing. Upset/breakdown and malfunction conditions shallbe included in all permits.

9. Permits issued under this delegation should contain language stating that the Federal PSD requirements have been satisfied.

10. This delegation covers anyrevisions which are promulgated for40 CFR 52.21. The term "40 CFR 52.21" as used inthe delegation 

### request andthroughout this Agreement, includes such regulations as arein effecton the date this Agreement is executed and on revisions which are promulgated after that date.

11. This delegation covers the review of applications subject to 40CFR 52.21 received after the effective date ofthis Agreement. Where it is convenient toboth NDCNR-DEP and U.S. EPA, and a benefit to the applicant, any PSD reviews already initiated by U.S. EPA priorto this delegation shall be transferred to the NDCNR-DEP for completion.

12.By this Agreement, the NDCNR-DEP

assumes authority forenforcement and permit modification/amendment for EPA issued NSR/PSD permits.

13.This delegation maybe amended at any time by the formal written agreement ofboth the NDCNR-DEP.and the U.S. EPAincluding amendments to add, change, orremove conditions or termsofthis Agreement.

14. Ifthe Regional Administrator determines that the State is not implementing

orenforcing the PSD program in accordance with the terms and conditions ofthis delegation andthe requirements of40CFR Section 52.21 orthe Clean Air Act this delegation, after consultation with the NDCNR-DEP, maybe revoked in whole or in part. Any such revocation shall be effective

as ofthe date specified ina Notice of Revocation to the State.

15. This delegation ofauthority is effective upon the date ofthis Agreement.

Dated: May 27, 1983. Roland D. Westergard, Department ofConservation&tNatural Resources--Division of

Environmental Protection.

Dated: May 20, 1983. John Wise, 

### U.S. Environmental Protection Agency. Attachment A

1.Identification ofall points ofemission (both stack and fugitive).

2.Specification ofanumerical emission limitation for each point of emission in terms ofmass rate or concentration limitations, If emission testing based on a numerical emission limitation is infeasible, the permit may instead prescribe a design, operational,
orequipment standard.Any permits issued without numerical emission limitations must contain conditions which assure that the design characteristics or equipment willbe properly performed so as to continuously achieve the assumed degree ofcontrol.

3.Limitations offactors which were the basis for airquality impact analysis must be specified (e.g.hours ofoperation, stack height,materials processed which affect emissions).

4. Methods and frequency ofdetermining continued compliance for eachpoint of emission mustbe referenced (ifpart ofthe SIP orsubject to NSPS orNESHAPS) or explicitly identified ifareference method is notused.

5.Recordkeeping requirements which enable the agency to ascertain continued compliance especially where factors such as hours ofoperation,through-put ofmaterials, sulfur content offuels, fuel usage, type or quantity ofmaterials processed are conditions ofthe permit.

6. A condition that the permit will expire if the construction is not commenced within a certain specified time frame.

7. The condition that the source is responsible for providing sampling and testing facilities atits own expense.

8. Reporting requirements which enable the agency to monitor the progress ofsource construction and compliance including the date by which construction is completed, and ifdifferent fromthe completion of construction date, the date by which full compliance is to be achieved.

9. Identification ofall offsets, with conditions requiring implementation of offsets by a date specified; identification of all banked emissions offsets which are to be applied.

10. As a courtesy to sources exempted from PSD/NSR review due to federally enforceable operational or process restrictions, orthe use ofcontrols more stringent than required by applicable SIP limits, the source should be advised that any relaxation ofthose limits may subject the entire source to fullPSD/NSR review as if construction had not yet begun. Suggested language is as follows:

"This source is exempt from PSD/NSR review because of(e.g. "a requirement that operation is limited to eight hours per day"). Any relaxation in this limit that increases your potential to emit above the applicable PSD/NSR threshold will require a full PSD/ NSR review ofthe entire source."



### The Regional Administrator finds good cause for foregoing prior public notice and for making this rulemaking 

### effective immediately in that it is an administrative change and.not one of substantive content. No additional substantive burdens are imposed on'the 

### parties affected. This delegation became effective according to dates cited in DATES, therefore, it serves no purpose to delay the technical change ofthis 

### addition ofthe State address to the Code ofFederal Regulations.

A copy of the request for delegation of 

### authority is available for public inspection at the U.S. Environmental Protection Agency, Region 9 Office, Air Management Division, Air Operations Branch, 215 Fremont Street, San Francisco, California 94105.

List of Subjects In 40 CFRPart52

Air pollution control, Ozone, Sulfur oxides, Nitrogen dioxide, Lead, Particulate matter, Carbon monoxide, Hydrocarbons, Intergovernmental relations.

This rulemaking is under the authority of sections 101, 110, 160-169 and 301(a) ofthe Clean Air Act, as amended [42 U.S.C. 7401, 7410, 7470-79 and 7601(a)].

HeinOnline -- 48 Fed. Reg. 28270 1983

### Federal Register / Vol. 48, No. 120 / Tuesday, June 21, 1983 / Rules and Regulations

Dated: June 13, 1983. 

### John Wise, Acting Regional Administrator,

PART 52--AMENDED]

Accordingly, Subpart DD ofTitle 40 Code of Federal Regulations is amended

as follows: Subpart DD-Nevada

1. Section 52.1485 is amended by adding a new paragraph (c) to read as follows: §52.1485 Significant deterioration of air quality.

(c) All apllications and other information required pursuant to §52.21 from sources located in the jurisdiction ofthe State ofNevada shall be submitted to the Director, Department of Conservation and Natural Resources, 201 South Fall Street, Carson City, Nevada instead of the EPA Region 9 Office.

IFR Doc. 83-16555 Filed 8-20-83: 8:45am] E"LUNG CODE 6560-50-M



### 40 CFR Part 52 [Region IIDocket No. 9;A-2-FRL 2378-3J

Revision to the Commonwealth of Puerto Rico Implementation Plan; Correction

AGENCY: 

### Environmental 

### Protection Agency. ACTION: Final rule; correction.

SUMMARY: 

### This 

### notice corrects a date in

a final rule which appeared in the Federal Register on September 3, 1982 (47 FR 38887). This final rule dealt with a revision to the Puerto Rico Implementation Plan. FOR FURTHER INFORMATION CONTACT: 

### William S. Baker, Chief,Air Programs Branch, Environmental Protection Agency, Room 1005, 26 Federal Plaza, New York, New York 10278, (212) 264- 2517. SUPPLEMENTARY INFORMATION: On 

### September 3, 1983 (47FR 38887), the Environmental Protection Agency (EPA) published its approval ofa visible emissions variance issued by the Commonwealth ofPuerto Rico to the Owens-Illinois ofPuerto Rico Corporation's Vega Alta glassmaking facility, ovens "A" and "B". This variance was approved for a period of three years from the date ofEPA's approval. Since EPA's approval became effective on November 2, 1982, approval ofthe variance will remain in effect unti November 2, 1985. However, the September 3, 1983 Federal Register notice incorrectly noted that the approval will remain in effect only until September 3, 1985. In addition, today's notice incorporates into the Code of Federal Regulations the date until which the variance will remain in effect.

Listof Subjects in 40 CFR Part 52

Air pollution control, Ozone, Sulfur oxides, Nitrogen dioxide, Lead, Particulate matter, Carbon monoxide, Hydrocarbons. (Sections 110 and 301, Clean Air Act, as amended (42U.S.C. 7410and 7601)) JacquelineE.Schafer, RegionalAdministrator,Environmental ProtectionAgency.

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

Title 40, Chapter I, Subchapter C, Part 52, Code ofFederal Regulations, is amended as follows: Subpart BBB-Puerto Rico

1. Section 52.2720 is amended by revising paragraph (c)(29) as follows: §52.2720 Identificationof plan.

(c) Theplan revisions listed below

were submitted-on the dates specified.

(29) Revision submitted by the Puerto Rico Environmental Quality Board on April 26, 1982, as modified by a July 8, 1982 letter,which grants a visible emissions standard variance to ovens "A" and "B" of the Owens-Illinois, Inc. Vega Alta plant.This variance remains in effect until November 2, 1985.

[FR Doc. 83-16543 Filed 6-20-83; 8:45 am] BILUNG CODE 6560-50-M



### [A-9-FRL 2386-41
40 CFR Part 60 Delegation of New Source Performance Standards (NSPS); State of Nevada
AGENCY: Environmental Protection Agency (EPA). ACTION: Notice ofdelegation.
SUMMARY: The EPAhereby places the public on notice ofits delegation of NSPS authority to the Nevada Department ofConservation and Natural Resources (NDCNR). This action is necessary to bring the NSPS program delegations up to date with
recent EPA promulgations and amendments ofNSPS categories. This action does not create any new regulatory requirements affecting the 

### public. The effect ofthe delegation is to shift primary program responsibility for 

### the affected NSPS categories from EPA to State and local governments. EFFECTIVE DATE: 

### June 6, 1983.

FOR FURTHER INFORMATION CONTACT. 

### Julie A. Rose, New Source Section (A-3- 

### 1), Air Operations Branch, Air Management Division, EPA, Region 9, 215 Fremont Street, San Francisco, CA 94105, Tel: (415) 974-8236, FTS 454-8236.

SUPPLEMENTARY INFORMATION: 

### The 

### NDCNR has requested authority for delegation ofcertain NSPS categories. Delegations ofauthority were granted by letters dated December 26, 1982 and May 24, 1983 and are reproduced in their entirety as follows:
December 26, 1982. Mr. Richard Serdoz, Division ofEnvironmental Protection, Nevada Department ofConservation and NaturalResources, 201 South FallStreet, Carson City,NV. DearMr. Serdoz: In response to your request ofNovember 8, 1982,1am pleased to inform you that we aredelegating to your agency authority to implement and enforce the New Source Performance Standard (NSPS) category in 40 CFR Part 60: Subpart UU, Standards ofPerformance for Asphalt 

### Processingand Asphalt Roofing Manufacture. Wehave reviewed your request for delegation andhave foundyourpresent programs and procedures to be acceptable.

Acceptance of the delegation constitutes your agreement to follow all applicable provisions of40 CFR Part 60.The delegation is effective upon the date ofthe letterunless the USEPA receives written notice from you ofany objections within 10 days ofreceipt of this letter. A notice ofthis delegated authority will be published in the Federal Register in the near future.

.Cordially yours, Sonia F. Crow,

. RegionalAdministrator. May 24, 1983. Mr. Richard Serdoz, 

### Division ofEnvironmental Protection, NevadaDepartment ofConservation and Natural Resources,201 South FallStreet, Carson City,NV Dear Mr. Serdoz: In response to your request ofDecember 20, 1982, 1am pleased to inform you that we are delegating to your agency authority to implement and enforce 

### the New Source Performance Standard (NSPS) categories in 40CFR Part60 listed below. Wehave reviewed your request for delegation and have found your present programs andprocedures to be acceptable. Subpart EE-Surface Coating ofMetal

Furniture Subpart QQ--Graphic Arts Industry:

Publication Rotogravure Printing Subpart SS-Industrial Surface Coating:

Large Appliances Subpart TT-Metal Coil Surface Coating 

### 28271

I

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