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In re Sierra Pacific Industries

03/10/2014
Case Number:PSD Appeal No. 14-01
ELR Citation:47 ELR 41371

In her appeal, Celeste Draisner petitions the Environmental Appeals Board (“Board”) to review Permit Number 94-VP-18d, which she asserts is a Prevention of Significant Deterioration (“PSD”) permit that the Shasta County Air Quality Management District (“Shasta County AQMD”) issued to Sierra Pacific Industries, Anderson Division, pursuant to section 165 of the Clean Air Act, 42 U.S.C. § 7475. Upon review of the challenged permit, the Board determined that it is not a PSD permit but a renewed Title V operating permit that Shasta County AQMD issued to Sierra Pacific Industries under a different part of the Clean Air Act, section 502, 42 U.S.C. § 7661a, and associated regulations at 40 C.F.R. part 70. The U.S. Environmental Protection Agency (“EPA”) had granted Shasta County AQMD interim approval to run the Title V operating program in Shasta County in 1995 and full approval in 2001 pursuant to EPA’s Title V regulations at 40 C.F.R. part 70.

Held: The Board dismisses the appeal for lack of jurisdiction. Neither the Clean Air Act nor the part 70 regulations grant the Board jurisdiction to review Title V permits that are issued by states or local authorities under part 70. Here, EPA granted Shasta County AQMD approval to administer the Title V operating program in Shasta County under part 70, and the County issued the challenged permit pursuant to that authority.