Time that the National Park Service (NPS) has to Review Prevention of Significant Deterioration (PSD) Permit Applications for Facilities which may Impact Class I areas 9.5

9.5

Mr. Russell E. Dickenson, Director
National Park Service
U. S. Department of Interior
Washington, D.C. 20240

Dear Mr. Dickenson:

Thank you for your letter of February 26, 1981 outlining your concerns over the limited time that the National Park Service (NPS) has to review prevention of significant deterioration (PSD) permit applications for facilities which may impact Class I areas. Therein you suggested that EPA reconfirm our policy to notify the NPS as early in the permitting process as possible as outlined in the memo from Dave Hawkins to the Regional Administrators dated March 19, 1979. You also suggested that EPA amend 40 CFR Part 51 regulations for an approvable state PSD program and 40 CFR Part 52 PSD regulations to require EPA and States to provide the appropriate Federal Land Manager (FLM) with copies of relevant permit applications on or shortly after the date of receipt of the permit application.

I would first like to reaffirm the existing policy for timely EPA transmittal of PSD permits affecting Class I areas as identified in the Hawkins' memo of March 19, 1979. By this letter, I am advising the Regions that these permit applications should be sent to the appropriate FLM NPS Regional Office, NPS Air Quality Division Permit Review Unit, and all other appropriate personnel as described in your letter (see enclosure) as soon as possible. Normally the EPA Region should transmit the permit application within 10 days of receipt of such applications.

In response to your second suggestion, I do not believe that additional rulemaking is necessary to ensure that your staff has notice of each PSD source with potential Class I area impacts well before the preliminary determinations. As noted above, EPA's policy is to provide copies of the permit application to the applicable contacts soon after its receipt. This policy clearly covers those situations where EPA now implements the PSD review.

Similarly, further rulemaking is not necessary, to guarantee that State PSD programs provide this same type of notification. 40 CFR 51.24(p)(1) now requires that each PSD State Implementation Plan (SIP) is to provide that "the reviewing authority shall transmit to the Administrator a copy of each permit application relating to a major stationary source or major modification and provide notice to the Administrator of every action related to the consideration of such [application]."

EPA would read the quoted language to mean that the reviewing authority is to transmit a copy of each PSD permit application before it takes any significant action on the application. Also EPA would regard any determination of the completeness of an application as a significant action. As a result, EPA would interpret 40 CFR 51.24(p)(1) as requiring each PSD SIP to require in turn that the reviewing authority must submit each PSD application to EPA before it makes a completeness determination. Of course, once EPA receives an application for a project that might significantly affect a Class I area, it would provide you with notice of it in accordance with this letter and the March 19, 1979 policy.

I hope that this response has been helpful. If I can be of any further assistance, please do not hesitate to contact me.

Enclosure

cc: Regional Administrator Regions I - X

Mr. Walter C. Barber, Acting Administrator
U.S. Environmental Protection Agency
Washington, D. C. 20460

Dear Mr. Barber:

In a March 19, 1979 memorandum to the EPA Regional Administrators, Mr. David Hawkins requested each Regional Office to establish a mechanism to ensure that notice is provided to the Federal land manager immediately upon receipt of a PSD permit application for facilities which may affect a class I area. This action was requested by the Director of the National Park Service (NPS) to enable the NPS to carry out our statutory responsibilities for the protection of air quality related values in class I areas under section 165(d) of the Clean Air Act. Although in some instances the NPS has been notified of a permit application when it is submitted, or even before it is submitted, the majority of notifications are being made when EPA, or a state which has been delegated PSD authority, proposes the preliminary determination on the permit. This gives us at most 30 days to evaluate the impact on the class I area, which is simply not enough time to do a proper review.

Therefore, I urge you to reiterate the points made in Mr. Hawkins' March 19 memorandum. In addition, I urge you to amend the 40 CFR Part 51 requirements for an approvable State PSD program to include a requirement to notify the appropriate Federal land manager on the date of receipt of a permit application and to similarly amend EPA's 40 CFR Part 52 PSD requirements. Such notification should include at least two copies of the application, one for the NPS Regional Office and one for the NPS Air Quality Division Permit Review Unit. An updated list of responsible NPS officials is enclosed to assist EPA in meeting this request.

Under a cooperative agreement with the Fish and Wildlife Service (FWS), the NPS Air Quality Division is providing technical review of PSD permits that affect FWS class I areas. Therefore, I am also enclosing a list of responsible FWS officials to be notified.

We appreciate the continued cooperation of EPA in meeting our Clean Air Act responsibilities.

Superintendent
Shenandoah National Park
Route 4, Box 292
Luray, Virginia 22835

Superintendent
Theodore Roosevelt NMP
Medora, ND 58645

Superintendent
Virgin Islands National Park
P. O. Box 806
Charlotte Amalie
St. Thomas, VI 00801

Superintendent
Voyageurs National Park
P. O. Drawer 50
International Falls, MN 56649

Superintendent
Wind Cave National Park
Hot Springs, SD 57747

Superintendent
Yellowstone National Park
P. O. Box 168
Yellowstone National Park, WY 82190

Superintendent
Yosemite National Park
Yosemite NP, California 95389

Superintendent
Zion National Park
Springdale, UT 84767

NPS AIR QUALITY DIVISION:

Chief, Air Quality Division
Deparment of the Interior
National Park Service (492)
18th and C Streets, N. W.
Washington, D. C. 20240

Chief, Permit Review Unit
National Park Service - AIR
P. O. Box 25287
Denver, CO 80215

[NOTE: PARTS OF THIS LISTING ARE MISSING. FOR A MORE CURRENT/COMPLETE LISTING CONTACT THE REGION 6 AIR QUALITY DIVISION AT LAKEWOOD COLORADO FOR INFORMATION.]