[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Rules and Regulations]
[Pages 31241-31242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12950]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[A-1-FRL-9310-9]


Prevention of Significant Deterioration (PSD) Program; 
Massachusetts; Announcing Delegation Agreement Between EPA and 
Massachusetts Department of Environmental Protection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Announcement of delegation agreement.

-----------------------------------------------------------------------

SUMMARY: This document announces that effective April 11, 2011, EPA 
Region 1 has signed an agreement with the Massachusetts Department of 
Environmental Protection (MassDEP) delegating authority to implement 
and enforce the Federal Prevention of Significant Deterioration (PSD) 
program to the MassDEP. Therefore, effective that date, MassDEP is the 
implementing authority for the PSD program in Massachusetts. This 
document explains the consequences of this change for owners and 
operators of sources that have PSD permits or that will need such 
permits in the future.

DATES: Effective Date: EPA's PSD program delegation agreement with the 
MassDEP is effective on April 11, 2011.

ADDRESSES: The Delegation Agreement is available either electronically 
through http://www.epa.gov/NE/communities/nseemissions.html or in hard 
copy at the Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, 
Boston, MA. EPA requests that if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 to 4:30, excluding legal 
holidays.
    Copies of the Delegation Agreement are also available for public 
inspection during normal business hours, by appointment at the Division 
of Air Quality Control, Department of Environmental Protection, One 
Winter Street, 8th Floor, Boston, MA.

FOR FURTHER INFORMATION CONTACT: Brendan McCahill, EPA Region 1, (617) 
918-1652, or send an e-mail to [email protected].

SUPPLEMENTARY INFORMATION:
    I. Background: On June 30, 1982 EPA delegated authority to 
implement the Federal PSD program in 40 CFR 52.21 to the MassDEP. On 
December 31, 2002, EPA published in the Federal Register revisions to 
the Federal PSD regulations (67 FR 80186). A final rule revising the 
Federal portions of implementation plans in 40 CFR part 52 to include 
the revisions to the Federal PSD regulations was published in the 
Federal Register on March 10, 2003. Both of these actions were 
effective on March 3, 2003.
    On February 27, 2003, the MassDEP notified the Regional 
Administrator of EPA Region 1 that the MassDEP would not accept 
authority for the

[[Page 31242]]

implementation of the amended PSD program and was ending its June 30, 
1982, agreement with EPA to assume responsibility for implementing the 
Federal PSD regulations. The letter from the MassDEP explained that the 
MassDEP would no longer implement the Federal PSD program as of March 
3, 2003. Consequently, as of March 3, 2003, sources of air pollution 
located in Massachusetts and subject to the Federal PSD program were 
required to apply for and receive a PSD permit from EPA New England 
before beginning actual construction.
    On June 17, 2003, EPA published a Federal Register announcing the 
MassDEP's decision to end its delegation agreement with the EPA and 
explaining the consequences of this decision for owners and operators 
of sources that have PSD permits or that will need such permits in the 
future (68 FR 35881).
    On April 4, 2011, the Commissioner of the MassDEP signed a 
delegation agreement under which EPA would again delegate 
responsibility for conducting source review under the Federal PSD 
regulations to the MassDEP.
    II. Final Action: On April 11, 2011, the Regional Administrator of 
EPA Region 1 signed the delegation agreement, which is entitled 
``Agreement for Delegation of the Federal Prevention of Significant 
Deterioration Program by the United States Environmental Protection 
Agency, Region 1 to the Massachusetts Department of Environmental 
Protection,'' and which sets forth the terms and conditions according 
to which the MassDEP agrees to implement and enforce the Federal PSD 
program. The Regional Administrator's signature on the delegation 
agreement grants full delegation of the Federal PSD regulations at 40 
CFR 52.21 to the MassDEP pursuant to the terms and conditions of the 
delegation agreement, 40 CFR 52.21(u), and the requirements of the 
Clean Air Act.
    Effective on April 11, 2011, all permit applications for new or 
modified major sources and all other information pursuant to 40 CFR 
52.21 for sources in the Commonwealth of Massachusetts, and all 
inquiries regarding the implementation of 40 CFR 52.21 in the 
Commonwealth, should be sent directly to the MassDEP at the following 
address: Massachusetts Department of Environmental Protection, One 
Winter Street, Boston, MA, 02108. In addition, the MassDEP will assume 
responsibility to administer and enforce all PSD permits issued in 
Massachusetts, including those PSD permits already issued by EPA. EPA 
retains authority to issue and administer permits in certain limited 
areas of federal jurisdiction defined in the delegation agreement, and 
also retains authority to issue a PSD permit to Pioneer Valley Energy 
Center (PVEC) in Westfield, Massachusetts. Finally, EPA retains certain 
oversight roles regarding federal requirements, which are set forth in 
detail in the delegation agreement.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 13, 2011.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
[FR Doc. 2011-12950 Filed 5-27-11; 8:45 am]
BILLING CODE 6560-50-P