Finding of Substantial Inadequacy of Implementation Plan; Call for California State Implementation Plan Revision

EPA is finalizing our February 13, 2003 proposed finding (68 FR 7327) that the California State Implementation Plan (SIP) is substantially inadequate for all nonattainment air pollution control districts in the State and for all attainment area districts that have an approved Prevention of Significant Deterioration (PSD) program. We did not receive any comments on our proposal. EPA is finalizing this finding, pursuant to our authority in section 110(k)(5) of the Clean Air Act (CAA or Act), because the State cannot provide "necessary assurances" that it or the districts have authority to carry out the applicable nonattainment New Source Review (NSR) or PSD portions of the SIP. This action requires California to amend its State law to eliminate the permitting exemption as it pertains to major agricultural sources of air pollution and submit the necessary assurances by November 23, 2003 to support an affirmative finding by EPA under section 110(a)(2)(E). If the State fails to submit the necessary assurances of authority or if EPA disapproves any such submittal in response to this final SIP call, the sanctions clock in section 179 of the Act will be triggered.