Federal Register, Volume 74, Number 44, March 9, 2009, Pages 9951-10164 Page: 9,959
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Federal Register/Vol. 74, No. 44/Monday, March 9, 2009/Rules and Regulations
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The words State or WY mean the
State of Wyoming, unless the context
indicates otherwise.
(iv) The initials WDEQ mean the
Wyoming Department of Environmental
Quality.
(v) The initials NSPS mean the
Federal New Source Performance
Standards, as codified in 40 CFR part
60.
I. Delegation of Authority
Sections 110, 111(c)(1), and 301 of the
Clean Air Act (CAA), as amended,
authorize EPA to delegate authority to
any state agency which submits
adequate regulatory procedures for
implementation and enforcement of the
New Source Performance Standards
(NSPS). The NSPS are codified in 40
CFR part 60. Delegation confers primary
responsibility for implementation and
enforcement of the listed NSPS to the
respective state agency; however, EPA
also retains the concurrent authority to
enforce the standards.
With a June 13, 2008 letter, the
Director of the Wyoming Department of
Environmental Quality (WDEQ)
requested delegation of authority for
revisions to the New Source
Performance Standards (NSPS),
promulgated in Chapter 5, National
Emission Standards, Section 2, New
source performance standards, of the
Wyoming Air Quality Standards and
Regulations. For the most part, the
revisions simply update the date for
incorporation by reference of the
Federal NSPS to those promulgated in
40 CFR part 60 as published on July 1,
2006. EPA's review of the pertinent
regulations determined that they
contain adequate and effective
procedures for the implementation and
enforcement of these Federal standards.
Therefore, on November 26, 2008,
delegation was given to Wyoming with
the following letter:
Ref: 8P-AR
John V. Corra, Director, Wyoming
Department of Environmental Quality, 122
West 25th Street, Cheyenne, WY 82002.
Re: Delegation of Clean Air Act New Source
Performance Standards
Dear Mr. Corra: With your June 13, 2008
letter, the State of Wyoming submitted
revisions to its Air Quality Standards and
Regulations and requested, among other
things, direct delegation to implement and
enforce the Federal New Source Performance
Standards (NSPS). Specifically, Wyoming Air
Quality Standards and Regulations, Chapter
5, National Emission Standards, Section 2,New source performance standards, was
revised, and a new Section 4, Incorporationby reference, was created to update the
citation for the incorporated Federal NSPS in
40 CFR Part 60 as published on July 1, 2006,
and to make minor administrative revisions.
Subsequent to States adopting NSPS
regulations, EPA delegates the authority for
the implementation and enforcement of those
NSPS, so long as the States' regulations are
equivalent to the Federal regulations. EPA
reviewed the pertinent statutes and
regulations of the State of Wyoming and
determined that they provide an adequate
and effective procedure for the
implementation and enforcement of the
NSPS by the State. Therefore, pursuant to
Section 111(c) of the Clean Air Act (Act), as
amended, and 40 CFR Part 60, EPA hereby
delegates its authority for the implementation
and enforcement of the NSPS to the State of
Wyoming as follows:
(A) Responsibility for all sources located,
or to be located, in the State of Wyoming
subject to the standards of performance for
new stationary sources promulgated in 40
CFR Part 60. The categories of new stationary
sources covered by this delegation are all
NSPS subparts in 40 CFR Part 60, as
published on July 1, 2006. Note this
delegation does not include the emission
guidelines in subparts Cb, Cc, Cd, Ce, BBBB,
DDDD, FFFF, and HHHH. These subparts
require state plans, which are approved
under a separate process pursuant to Section
111(d) of the Act.
(B) Not all authorities of NSPS can be
delegated to States under Section 111(c) of
the Act, as amended. The EPA Administrator
retains authority to implement those sections
of the NSPS that require: (1) Approving
equivalency determinations and alternative
test methods, (2) decision-making to ensure
national consistency, and (3) EPA rulemaking
in order to implement. Enclosed with this
letter is a list of examples of sections in 40
CFR Part 60 related to the NSPS being
delegated in this letter that cannot be
delegated to the State of Wyoming. Please
note that the enclosed list has been updated
since our November 9, 2006 delegation of
authority to implement and enforce the NSPS
to the State of Wyoming.
(C) The Wyoming Department of
Environmental Quality (WDEQ) and EPA will
continue a system of communication
sufficient to guarantee that each office is
always kept informed and current regarding
compliance status of the subject sources and
interpretation of the regulations.
(D) Enforcement of the NSPS in the State
will be the primary responsibility of the
WDEQ. If the WDEQ determines that such
enforcement is not feasible and so notifies
EPA, or where the WDEQ acts in a manner
inconsistent with the terms of this
delegation, EPA may exercise its concurrent
enforcement authority pursuant to section
113 of the Act, as amended, with respect to
sources within the State of Wyoming subject
to NSPS.
(E) The State of Wyoming will at no time
grant a variance or waiver from compliance
with NSPS regulations. Should WYDEQ grant
such a variance or waiver, EPA will consider
the source receiving such relief to be inviolation of the applicable Federal regulation
and initiate enforcement action against thesource pursuant to section 113 of the Act.
The granting of such relief by the WYDEQ
shall also constitute grounds for revocation of
the delegation by EPA.
(F) If at any time there is a conflict between
a State regulation and a Federal regulation
(40 CFR Part 60), the Federal regulation must
be applied if it is more stringent than that of
the State. If the State does not have the
authority to enforce the more stringent
Federal regulation, this portion of the
delegation may be revoked.
(G) If the Regional Administrator
determines that a State procedure for
enforcing or implementing the NSPS is
inadequate, or is not being effectively carried
out, this delegation may be revoked in whole
or part. Any such revocation shall be
effective as of the date specified in a Notice
of Revocation to the WDEQ.
(H) Acceptance of this delegation of
presently promulgated NSPS does not
commit the State of Wyoming to accept
delegation of future standards and
requirements. A new request for delegation
will be required for any standards not
included in the State's June 13, 2008 letter.
(I) Upon approval of the Regional
Administrator of EPA Region 8, the Director
of WDEQ may sub-delegate his authority to
implement and enforce the NSPS to local air
pollution control authorities in the State
when such authorities have demonstrated
that they have equivalent or more stringent
programs in force.
(J) The State of Wyoming must require
reporting of all excess emissions from any
NSPS source in accordance with 40 CFR Part
60.7(c).
(K) Performance tests shall be scheduled
and conducted in accordance with the
procedures set forth in 40 CFR Part 60 unless
alternate methods or procedures are
approved by the EPA Administrator.
Although the Administrator retains the
exclusive right to approve equivalent and
alternate test methods as specified in 40 CFR
Part 60.8(b)(2) and (3), the State may approve
minor changes in methodology provided
these changes are reported to EPA Region 8.
The Administrator also retains the right to
change the opacity standard as specified in
40 CFR Part 60.11(e).
(L) Determinations of applicability, such as
those specified in 40 CFR Part 60.5 and
review of plans, as provided for in 40 CFR
Part 60.6, shall be consistent with those
determinations already made and reviews
conducted by the EPA.
(M) Alternatives to continuous monitoring
procedures or reporting requirements, as
outlined in 40 CFR Part 60.13(i), may be
approved by the State only if the specific
NSPS grants that authority. Otherwise, EPA
retains the authority to review and approve
such alternatives.
(N) If a source proposes to modify its
operation or facility which may cause the
source to be subject to NSPS requirements,
the State shall notify EPA Region 8 and
obtain a determination on the applicability of
the NSPS regulations.
(0) Information shall be made available to
the public in accordance with 40 CFR Part60.9. Any records, reports, or information
provided to, or otherwise obtained by, the9959
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 44, March 9, 2009, Pages 9951-10164, periodical, March 9, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132906/m1/16/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.