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Notice of Deficiency for 34 Clean Air Act Operating Permits Programs in California

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[Federal Register: May 22, 2002 (Volume 67, Number 99)]
[Notices]
[Page 35990-35991]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my02-49]

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ENVIRONMENTAL PROTECTION AGENCY
[CA077-NOD; FRL-7215-1]
 
Notice of Deficiency for 34 Clean Air Act Operating Permits 
Programs in California

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of deficiency.

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SUMMARY: Pursuant to our authority at Clean Air Act section 504(i) and 
the implementing regulations at 40 CFR 70.10(b)(1), EPA is publishing 
this Notice of Deficiency for the following 34 Clean Air Act title V 
Operating Permits Programs in the State of California: Amador County 
Air Pollution Control District (APCD), Bay Area Air Quality Management 
District (AQMD), Butte County AQMD, Calaveras County APCD, Colusa 
County APCD, El Dorado County APCD, Feather River AQMD, Glenn County 
APCD, Great Basin Unified APCD, Imperial County APCD, Kern County APCD, 
Lake County AQMD, Lassen County APCD, Mariposa County APCD, Mendocino 
County APCD, Modoc County APCD, Mojave Desert AQMD, Monterey Bay 
Unified APCD, North Coast Unified AQMD, Northern Sierra AQMD, Northern 
Sonoma County APCD, Placer County APCD, Sacramento Metro AQMD, San 
Diego County APCD, San Joaquin Valley Unified APCD, San Luis Obispo 
County APCD, Santa Barbara County APCD, Shasta County APCD, Siskiyou 
County APCD, South Coast AQMD, Tehama County APCD, Tuolumne County 
APCD, Ventura County APCD, and Yolo-Solano AQMD. The Notice of 
Deficiency is based upon EPA's finding that the State's agricultural 
permitting exemption at Health and Safety Code 42310(e) unduly 
restricts the local districts' ability to adequately administer and 
enforce their title V programs, which have previously been granted full 
approval status. Therefore, EPA finds that the 34 districts' title V 
programs do not meet the minimum requirements required by Federal law. 
Publication of this notice is a prerequisite for withdrawal of title V 
program approval for the 34 districts, but does not effect such a 
withdrawal. Withdrawal of program approval, if necessary, will be 
accomplished through subsequent rulemaking.

EFFECTIVE DATE: May 22, 2002. Because this NOD is an adjudication and 
not a final rule, the Administrative Procedure Act's 30-day deferral of 
the effective date of a rule does not apply.

FOR FURTHER INFORMATION CONTACT: Gerardo C. Rios, Chief, Permits 
Office, Air Division, U.S. EPA Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105, (415) 972-3974.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' means EPA.

Table of Contents

I. Description of Action and Identification of Program Deficiency
II. Effect of Notice of Deficiency
III. Administrative Requirements

I. Description of Action and Identification of Program Deficiency

    We are publishing this Notice of Deficiency (NOD) for thirty-four 
(34) Clean Air Act (CAA or Act) operating permits programs in 
California. EPA promulgated final full approval of all 34 districts' 
title V operating permits programs on November 30, 2001. See 66 FR 
63503 (December 7, 2001).\1\ This document is being published to 
satisfy 40 CFR 70.10(b)(1), which provides that EPA shall publish in 
the Federal Register a notice of any determination that a title V 
permitting authority is not adequately administering or enforcing its 
title V operating permits program.
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    \1\ Although there are 35 separate permitting authorities in 
California, one permitting authority, Antelope Valley APCD, was not 
included in our final action because it only recently obtained its 
authority to issue part 70 permits and is still under its initial 
interim approval status granted on December 19, 2000 (65 FR 79314).
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    EPA has determined that all 34 local permitting authorities in 
California that have fully approved title V operating permit programs 
are not adequately administering or enforcing their programs because 
state law at Health and Safety Code 42310(e) exempts from permitting, 
``equipment used in agricultural operations in the growing of crops or 
the raising of fowl or animals.''
    Title V of the Act does not provide for this exemption and requires 
that all permitting authorities have the authority to ``issue permits 
and assure compliance by all sources required to

[[Page 35991]]

have a permit under this subchapter with each applicable standard, 
regulation or requirement under this chapter.'' CAA 502(b)(5)(A). These 
requirements are echoed in the operating permit program approval 
regulations promulgated at 40 CFR part 70. See 40 CFR 70.4(b)(3)(i).

II. Effect of Notice of Deficiency

    40 CFR 70.10(b) and 70.10(c) provide that EPA may withdraw a 40 CFR 
part 70 program approval, in whole or in part, whenever the permitting 
authority's legal authority does not meet the requirements of part 70 
and the permitting authority fails to take corrective action. 40 CFR 
70.10(b) sets forth the procedures for program withdrawal, and requires 
as a prerequisite to withdrawal that the permitting authority be 
notified of any finding of deficiency by the Administrator and that the 
notice be published in the Federal Register. Today's notice satisfies 
this requirement and constitutes a finding of program deficiency for 
each of the 34 districts listed above.
    If the State of California has not taken significant action to 
change state law to provide each of the 34 permitting authorities 
adequate authority to issue permits and assure compliance by all 
subject sources within 90 days after publication of this notice of 
deficiency, then EPA will take action to partially withdraw approval of 
each of the 34 California districts' title V operating permits 
programs. Such action would only withdraw the portions of the programs 
that relate to state-exempt major stationary agricultural sources. 
Also, if the state does not correct the deficiency during the 90-day 
period, then EPA has the discretion to apply sanctions under section 
179(b). Further, 40 CFR 70.10(b)(3) provides that, if a state has not 
corrected the deficiency within 18 months after the effective date of 
this notice, EPA will apply the sanctions under section 179(b) of the 
Act in accordance with section 179(a) of the Act.\2\ CAA Sec. 502(i)(1) 
and (2), 40 CFR 70.4(k) and 70.10(b)(2)-(4).
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    \2\ The EPA is developing an Order of Sanctions rule to 
determine which sanction applies at the end of this 18-month period.
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    This notice of deficiency is not itself a proposal to withdraw 
approval of the title V operating permits program for the 34 districts 
in California. Consistent with 40 CFR 70.10(b)(2), this notice provides 
the State of California 90 days to take significant action to assure 
adequate administration and enforcement of the local districts' 
programs. As stated above, EPA has determined that significant action 
in this instance means the revision or removal of Health and Safety 
Code 42310(e) so that local air pollution control districts have the 
required authority to issue title V permits to stationary agricultural 
sources that are major sources of air pollution. In anticipation that 
the State of California will not effect the necessary change in state 
law within 90 days, EPA expects to propose to partially withdraw 
approval for each of the 34 identified title V operating permits 
programs before the end of the 90 days provided in this notice; 
however, consistent with 40 CFR 70.10(b)(4), final action on our 
proposal will occur only after the 90 days for the state to take 
significant action has elapsed. EPA will ensure that the public comment 
period on the proposal to partially withdraw approval will extend 
beyond the 90-day period for the state to take significant action so 
that the public will have an opportunity to fully comment on that 
aspect of our action.

III. Administrative Requirements

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of today's action may be filed in the United States 
Court of Appeals for the appropriate circuit within 60 days of July 22, 
2002.

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: May 14,2002.
Sally Seymour,
Acting Regional Administrator, Region 9.
[FR Doc. 02-12847 Filed 5-21-02; 8:45 am]
BILLING CODE 6560-50-P

 
 

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