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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 are reprinted. Pending

such incorporation, contracting officers

must substitute the May 1983 clause for

previous editions of the clause.

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

W. Allen Sanders,

Associate General Counsel, Office of General

Law and Administration.

iFR Doc. 83-46410 Fided B-in-a: &-45 am]

BIUJNG CODE 7710-12-*

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[A-9-FRL 2386-11

Prevention of Significant

Deterioration; Delegation of Authorty,

State of Nevada "

AGENCY. Environmental Protection

Agency (EPA).

ACTION: Notice of final rulemaking.

SUMMARY. The Regional Administrator

for EPA Region 9, San Francisco, has

delegated full authority to the State of

Nevada to implement and enforce the

Federal Prevention of Significant

Deterioration (PSD) Program.

DATE: The effective date of delegation 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

of Nevada: (A) authority over all

sources in that State subject to review

for tire prevention of significant

deterioration of air quality, pursuant to

Part C, 160-169 of Title I of the Clean Air

Act as amended August 7, 1977 and the

requirements promulgated in the July 1,

1979 edition of 40 CFR 52.21 as amended

August 7, 1980 under authority of

sections 101, 110 and 160-169 of the

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 of the delegation is

provided below:

On August 12, 198Z the Director of the

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 of the delegation.

Ref: NSS-3-1-5

Mr. Roland D. Westergard

Director, Department of Conservation and

Natural Resources. State of Nevada, Nye

Building, 201 South Fall Stree Carson

City, NV

Dear Mr. Westergard: Thank you for your

letter of August 12, 1982 requesting delegation

of Prevention of Significant Deterioration

(PSD) authority to the State of Nevada. The

intent of delegating 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 staff have evaluated the practices

and procedures used by the Nevada

Department of Conservation and Natural

Resources, Division of Environmental

Protection (NDCNR-DEP) for reviewing

construction permit applications and have

determined that the technical and

administrative elements of this air program

are adequate to implement a delegated PSD

program.

Enclosed are two copies of the delegation

of authority agreement for the PSD program

which I have signed. I believe our respective

agencies have developed an arrangement

which will benefit our agencies as well as

permit applicants. If you will return 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 staff contributed in developing

this agreement. If you have any questions do

not hesitate to contact me or have your staff

contact Julie A. Rose of my staff at (415) 974-

8238k

Cordially yours,

Sonia F. Crow,

RegionalAdministrator.

Enclosure.

U.S. EPA-NDCNR-DEP Agreement for

Delegation of Authority of the Regulations for

Prevention of Significant Deterioration of Air

Quality (40 CFR 52.21) . The undersigned, on behalf of the Nevada

Department of Conservation and Natural

Resources, Division of Environmental

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 of the source

review provisions of 40 CFR 52.21, Prevention

of Significant Deterioration (PSD) from the

U.S. EPA to the NDCNR-DEP, subject to the

terms and conditions below. This delegation

is enacted pursuant to 40 CFR 52.21(v),

Delegation of Authority.

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 proposed permits. EPA will

ensure NDCNR-DEP access to the BACT

Clearinghouse.

2. The NDCNR-DEP and EPA will have

dual concurrence responsibility on the 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, 1,000 tons

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 of the

effective date of this Agreement inform the

NDCNR-DEP of the compliance status of

sources in the State of Nevada which have

been issued an NSR or PSD permit by U:S.

EPA.

b. The NDCNR-DEP will routinely report to

the U.S. EPA the compliance status of the

sources which have received an NSR or.PSD

permit from either NDCNR-DEP or EPA. The

Compliance Data System (CDS) will be 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, the NDCNR-DEP will forward

to the U.S. EPA all relevant permit

application materials immediately following

receipt of same by the State.

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 of each permit application.

2) a copy of NDCNR-DEP's preliminary

determination. and 3) a copy of all applicable

technical support documentation. Should

there be any comments or concerns 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 of the public comment

period.

e. The NDCNR-DEP will send to EPA a

copy of all applicability determinations and

justifications made that would involve PSD

exemptions due to offsetting or netting.

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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 of comments and responses will beincluded in the final permit package available

to the public.

g. The NDCNR-DEP will forward to U.S.

EPA copies of the final actions on the PSD

permit applications at the time of issuance, as

well as copies of substantive public

comments received during the comment

period.

h. The NDCNR-DEP will report the status

of incomplete 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, upon request, relevant technical data.

U.S. EPA will communicate comments and

concerns within three weeks of receipt of

notification.

j. The NDCNR-DEP shall consult with the

appropriate State and local agency primarily

responsible for managing land use, prior to

issuance of preliminary determinations.

5. Prior U.S. EPA concurrence is to be

obtained on any matter involving the

interpretation of Sections 160 to 169 of the

Clean Air Act or 40 CFR Section 52.21 to the

extent that implemenation, review,

administration or enforcement of these

sections have not been covered by

determinations or guidance sent to 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 of U.S. EPA.

7. The primary responsibility for

enforcement of the PSD regulations in the

State of Nevada will rest with the NDCNRDE. The NDCNR-DEP will enforce

whichever provisions are more stringent: the

Federal PSD program provisions or any EPA

approved State regulations. If the State

enforces the delegated provisions in a'

manner inconsistent with the terms and

conditions of this 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 of Nevada

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 shall be 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 any revisions

which are promulgated for 40 CFR 52.21. The

term "40 CFR 52.21" as used in the delegation

request and throughout this Agreement,

includes such regulations as are in effect on 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 40 CFR 52.21 received

after the effective date of this Agreement.

Where it is convenient to both NDCNR-DEP

and U.S. EPA, and a benefit to the applicant,

any PSD reviews already initiated by U.S.

EPA prior to this delegation shall be

transferred to the NDCNR-DEP for

completion.

12. By this Agreement, the NDCNR-DEP assumes authority for enforcement and

permit modification/amendment for EPA

issued NSR/PSD permits.

13. This delegation may be amended at any

time by the formal written agreement of both

the NDCNR-DEP.and the U.S. EPA including

amendments to add, change, or remove conditions or terms of this Agreement.

14. If the Regional Administrator

determines that the State is not implementing or enforcing the PSD program in accordance

with the terms and conditions of this

delegation and the requirements of 40 CFR

Section 52.21 or the Clean Air Act this

delegation, after consultation with the

NDCNR-DEP, 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 State.

15. This delegation of authority is effective

upon the date of this Agreement.

Dated: May 27, 1983.

Roland D. Westergard,

Department of Conservation &tNatural

Resources--Division of Environmental

Protection.

Dated: May 20, 1983.

John Wise,

U.S. Environmental Protection Agency.

Attachment A

1. Identification of all points of emission

(both stack and fugitive).

2. Specification of a numerical emission

limitation for each point of emission in terms

of mass rate or concentration limitations, If

emission testing based on a numerical

emission limitation is infeasible, the permit

may instead prescribe a design, operational, or equipment standard. Any permits issued

without numerical emission limitations must

contain conditions which assure that the

design characteristics or equipment will be

properly performed so as to continuously achieve the assumed degree of control.

3. Limitations of factors which were the

basis for air quality impact analysis must be

specified (e.g. hours of operation, stack

height, materials processed which affect

emissions).

4. Methods and frequency of determining

continued compliance for each point of

emission must be referenced (if part of the

SIP or subject to NSPS or NESHAPS) or explicitly identified if a reference method is

not used.

5. Recordkeeping requirements which

enable the agency to ascertain continued

compliance especially where factors such as hours of operation, through-put of materials,

sulfur content of fuels, fuel usage, type or

quantity of materials processed are

conditions of the 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 at its own expense.

8. Reporting requirements which enable the

agency to monitor the progress of source

construction and compliance including the

date by which construction is completed, and

if different from the completion of

construction date, the date by which full

compliance is to be achieved.

9. Identification of all 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, or the use of controls more

stringent than required by applicable SIP

limits, the source should be advised that any

relaxation of those limits may subject the

entire source to full PSD/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 of the 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 of this

addition of the State address to the

Code of Federal 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 CFR Part 52

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)

of the 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 of Title 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

of the State of Nevada 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: 8:45 am]

E"LUNG CODE 6560-50-M

40 CFR Part 52

[Region II Docket 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 (47 FR 38887), the

Environmental Protection Agency (EPA)

published its approval of a visible

emissions variance issued by the

Commonwealth of Puerto Rico to the

Owens-Illinois of Puerto Rico

Corporation's Vega Alta glassmaking

facility, ovens "A" and "B". This

variance was approved for a period of

three years from the date of EPA's

approval. Since EPA's approval became

effective on November 2, 1982, approval

of the 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.

List of 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 (42 U.S.C. 7410 and 7601))

Jacqueline E. Schafer,

Regional Administrator, Environmental

Protection Agency.

PART 52-APPROVAL AND

PROMULGATION OF

IMPLEMENTATION PLANS

Title 40, Chapter I, Subchapter C, Part

52, Code of Federal Regulations, is

amended as follows:

Subpart BBB-Puerto Rico

1. Section 52.2720 is amended by

revising paragraph (c)(29) as follows:

§ 52.2720 Identification of plan.

(c) The plan 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 of delegation.

SUMMARY: The EPA hereby places the

public on notice of its delegation of

NSPS authority to the Nevada

Department of Conservation and

Natural Resources (NDCNR). This

action is necessary to bring the NSPS

program delegations up to date with

recent EPA promulgations and

amendments of NSPS categories. This

action does not create any new

regulatory requirements affecting the

public. The effect of the 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 of certain NSPS categories.

Delegations of authority 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 of Environmental Protection,

Nevada Department of Conservation and

Natural Resources, 201 South Fall Street,

Carson City, NV.

Dear Mr. Serdoz: In response to your

request of November 8, 1982, 1 am pleased to

inform you that we are delegating to your

agency authority to implement and enforce

the New Source Performance Standard

(NSPS) category in 40 CFR Part 60: Subpart

UU, Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture.

We have reviewed your request for

delegation and have found your present

programs and procedures to be acceptable.

Acceptance of the delegation constitutes

your agreement to follow all applicable

provisions of 40 CFR Part 60. The delegation

is effective upon the date of the letter unless

the USEPA receives written notice from you

of any objections within 10 days of receipt of

this letter. A notice of this delegated

authority will be published in the Federal

Register in the near future. . Cordially yours,

Sonia F. Crow, .

Regional Administrator.

May 24, 1983.

Mr. Richard Serdoz,

Division of Environmental Protection,

Nevada Department of Conservation and

Natural Resources, 201 South Fall Street,

Carson City, NV

Dear Mr. Serdoz: In response to your

request of December 20, 1982, 1 am pleased to

inform you that we are delegating to your

agency authority to implement and enforce

the New Source Performance Standard

(NSPS) categories in 40 CFR Part 60 listed

below. We have reviewed your request for

delegation and have found your present

programs and procedures to be acceptable.

Subpart EE-Surface Coating of Metal

Furniture

Subpart QQ--Graphic Arts Industry:

Publication Rotogravure Printing

Subpart SS-Industrial Surface Coating:

Large Appliances

Subpart TT-Metal Coil Surface Coating

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HeinOnline -- 48 Fed. Reg. 28271 1983