Federal Register, Volume 74, Number 44, March 9, 2009, Pages 9951-10164 Page: 9,960
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Federal Register/Vol. 74, No. 44/Monday, March 9, 2009/Rules and Regulations
State in accordance with the provisions of
these regulations shall be made available to
the designated representatives of EPA upon
request.
(P) All reports required pursuant to the
delegated NSPS should not be submitted to
the EPA Region 8 office, but rather to the
WDEQ.
(Q) As 40 CFR Part 60 is updated,
Wyoming should revise its regulations
accordingly and in a timely manner and
submit to EPA requests for updates to its
delegation of authority.
EPA is approving Wyoming's request for
NSPS delegation for all areas within the State
except for the following: Lands within the
exterior boundaries of the Wind River Indian
Reservation; any lands held in trust by the
United States for an Indian tribe; and any
other areas which are "Indian Country" as
defined in 18 U.S.C. 1151.
Since this delegation is effective
immediately, there is no need for the State
to notify the EPA of its acceptance. Unless
we receive written notice of objections from
you within ten days of the date on which you
receive this letter, the State of Wyoming will
be deemed to accept all the terms of this
delegation. To inform the public of thisdelegation, EPA will publish an information
notice in the Federal Register in which this
letter will appear in its entirety.
EPA would like to take this opportunity to
advise the State of Wyoming regarding some
inconsistencies between its NSPS program
and the Federal regulations. Although these
inconsistencies have not been problematic
from a practical standpoint, it would be best
to clarify the language for future purposes to
avoid any misinterpretations. Specifically,
the State of Wyoming should revise the
applicability provision (Chapter 5, Section
2(d)) and the definition of "existing facility"
(Chapter 5, Section 2(e)(i)) so that the
language is consistent with the language in
the Federal requirements. The Federal
regulations state that an "affected facility"
and "existing facility" are determined based
on the time a standard is proposed rather
than the standard's effective date (see 40 CFR
60.1(a), 60.2). The State should modify the
current Wyoming applicability section,
which refers to "construction or modification
of which is commenced after the effective
date" to be consistent with the Federal
applicability wording, which refers to "the
construction or modification of which is
commenced after * * * the date ofpublication of any proposed standard
applicable to that facility." Further, the
current Wyoming definition of "existing
facility," which refers to "construction or
modification of which commenced before the
effective date," should be revised to mirror
the Federal definition, which refers to
"construction or modification of which
commenced before the proposed date." EPA
requests that the State of Wyoming provide
confirmation that it intends to make these
modifications in an upcoming rulemaking.
If you have any questions on this matter,
please contact me at (303) 312-6241 or Callie
Videtich, Director of our Air Program, at
(303) 312-6434, or toll-free at 1-800-227-
8917.
Sincerely,
Stephen S. Tuber
Assistant Regional Administrator,
Office of Partnerships and Regulatory
Assistance.
Enclosure
cc: Christine Anderson, WY Air Quality
Division
Enclosure to Letter Delegating NSPS in 40
CFR Part 60, Effective Through July 1, 2006,
to the State of WyomingEXAMPLES OF AUTHORITIES IN 40 CFR PART 60 WHICH CANNOT BE DELEGATED
Section(s)
60.8(b)(2) and (b)(3), and those sections throughout the standards that reference 60.8(b)(2) and (b)(3); 60.11(b) and (e); and
60.13(i).
60.47Da.
60.44b(f), 60.44b(g) and 60.49b(a)(4).
60.48c(a)(4).
60.56c(i), 60.8.
60.105(a)(13)(iii) and 60.106(i)(12).
60.114a.
60.111 b(f)(4), 60.114b, 60.116b(e)(3)(iii), 60.116b(e)(3)(iv), and 60.116b(f)(2)(iii).
60.153(e).
60.302(d)(3).
60.332(a)(4) and 60.335(b)(10)(ii).
60.482-1(c)(2) and 60.484.
60.493(b)(2)(i)(A) and 60.496(a)(1).
60.502(e)(6).
60.531, 60.533, 60.534, 60.535, 60.536(i)(2), 60.537, 60.538(e), and 60.539.
60.543(c)(2)(ii)(B).
60.562-2(c).
60.592(c).
60.613(e).
60.623.
60.634.
60.663(f).
60.694.
60.703(e).
60.711(a)(16), 60.713(b)(1)(i) and (ii), 60.713(b)(5)(i), 60.713(d), 60.715(a) and 60.716.
60.723(b)(1), 60.723(b)(2)(i)(C), 60.723(b)(2)(iv), 60.724(e) and 60.725(b).
60.743(a)(3)(v)(A) and (B), 60.743(e), 60.745(a) and 60.746.
60.754(a)(5).
60.2030(c)(1) through (7).
60.2889(b)(1) through (6).II. Region 8 States Delegation Status
In 40 CFR 60.4, we publish a table for
Region 8 states that identifies the NSPS
subparts for which EPA has delegated
authority to implement and enforce to
each state. In this document, we updatethat table to reflect the NSPS subparts
delegated to Wyoming.
III. Summary of This Action
This action informs the public of an
update to the delegation of authority to
the State of Wyoming to implement andenforce the Federal New Source
Performance Standards as published in
40 CFR part 60 on July 1, 2006. The
letter granting delegation to the State of
Wyoming is effective November 26,
2008. The letter specified that the40 CFR
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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/m1/17/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.