[Federal Register Volume 68, Number 214 (Wednesday, November 5, 2003)]
[Rules and Regulations]
[Pages 62529-62535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27265]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 60

[SIP No. MT-001-0047a, WY-001-0010a, WY-001-0011a, WY-001-0012a; FRL-
7573-2]


Approval and Promulgation of Air Quality Implementation Plans; 
States of Montana and Wyoming; Revisions to the Administrative Rules of 
Montana; New Source Performance Standards for Wyoming and Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule and NSPS delegation.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action approving State 
Implementation Plan (SIP) revisions submitted by the Governor of 
Montana on October 28, 2002. The October 28, 2002 submittal revises the 
Administrative Rules of Montana (ARM) by updating the Incorporation by 
Reference rules, deleting the definition for volatile organic compounds 
(VOCs), and making other minor corrections to the rules. The October 
28, 2002 submittal also makes revisions to the Yellowstone County Air 
Pollution Control Program (YCAPCP). EPA is only approving the revisions 
to the section of the YCAPCP that have been approved into the SIP. The 
intended effect of this action is to make these revisions federally 
enforceable. We are also announcing that on June 24, 2003, we updated 
the delegation of authority for the implementation and enforcement of 
the New Source Performance Standards (NSPS) to the State of Montana.
    On August 9, 2000, August 2, 2001 and June 30, 2003, the State of 
Wyoming submitted revisions to the NSPS in the Wyoming Air Quality 
Standards and Regulations and requested delegation of the NSPS. We are 
announcing that on August 13, 2003, we delegated the authority for the 
implementation and enforcement of the NSPS to the State of Wyoming. In 
addition, we are updating the ``Delegation Status of New Source 
Performance Standards [(NSPS) for Region VIII]'' table to add entries 
for newly delegated NSPS subparts for the State of Montana and the 
State of Wyoming. These actions are being taken under sections 110 and 
111 of the Clean Air Act (CAA).

DATES: This rule is effective on January 5, 2004 without further 
notice, unless EPA receives adverse comment by December 5, 2003. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Written comments may be submitted by mail to Richard R. 
Long, Director, Air and Radiation Program, Mailcode 8P-AR, 
Environmental Protection Agency (EPA), Region 8, 999 18th Street, Suite 
300, Denver, Colorado 80202-2466. Comments may also be submitted 
electronically, or through hand delivery/courier. Please follow the 
detailed instructions described in sections (I)(B)(1)(i) through (iii) 
of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, EPA, Region 8, 999 
18th Street, Suite 300, Mailcode 8P-AR, Denver, Colorado 80202, (303) 
312-6144, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies Of This Document and Other Related Information 
?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under [MT-001-0047, WY-001-0010, WY-001-0011, WY-001-0012]. The 
official public file consists of the documents specifically referenced 
in this action, any public comments received, and other information 
related to this action. Although a part of the official docket, the 
public rulemaking file does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public rulemaking file is the collection of 
materials that is available for public viewing at the Air and Radiation 
Program, EPA Region 8, 999 18th Street, Suite 300, Denver, CO. EPA 
requests that if at all possible, you contact the contact listed in the 
For Further Information Contact section to schedule your inspection. 
You may view the public rulemaking file at the

[[Page 62530]]

Regional Office, Monday through Friday, 8 a.m. to 4 p.m., excluding 
Federal holidays. Copies of the Incorporation by Reference material are 
also available at the Air and Radiation Docket and Information Center, 
U.S. Environmental Protection Agency, Room B-108 (Mail Code 6102T), 
1301 Constitution Ave. NW., Washington, DC 20460.
    2. Copies of the State submittal are also available for public 
inspection during normal business hours, by appointment at the State 
Air Agency. Copies of the State documents relevant to this action are 
available for public inspection at the Montana Department of 
Environmental Quality, Air and Waste Management Bureau, 1520 E. 6th 
Avenue, Helena, Montana 59620.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking MT-001-0047, WY-001-0010, WY-
001-0011, WY-001-0012'' in the subject line on the first page of your 
comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail). Please 
send any comments to [email protected] and [email protected] 
and include the text ``Public comment on proposed rulemaking MT-001-
0047, WY-001-0010, WY-001-0011, WY-001-0012'' in the subject line. 
EPA's e-mail system is not an ``anonymous access'' system. If you send 
an e-mail comment directly without going through ``Regulations.gov'' 
(see below), EPA's e-mail system will automatically capture your e-mail 
address. E-mail addresses that are automatically captured by EPA's e-
mail system are included as part of the comment that is placed in the 
official public docket.
    ii. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then click on the button 
``TO SEARCH FOR REGULATIONS CLICK HERE'' and select Environmental 
Protection Agency as the agency name to search on. The list of current 
EPA actions available for comment will be listed. Please follow the 
online instructions for submitting comments. The system is an 
``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Richard R. Long, Director, Air 
and Radiation Program, Mailcode 8P-AR, Environmental Protection Agency 
(EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Please include the text ``Public comment on proposed rulemaking 
MT-001-0047, WY-001-0010, WY-001-0011, WY-001-0012'' in the subject 
line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Richard 
R. Long, Director, Air and Radiation Program, Mailcode 8P-AR, 
Environmental Protection Agency (EPA), Region 8, 999 18th Street, Suite 
300, Denver, Colorado 80202-2466. Such deliveries are only accepted 
Monday through Friday, 8 a.m. to 4:55 p.m., excluding federal Holidays.

C. How Should I Submit CBI To the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the For Further Information Contact section.

II. Summary of SIP Revision

A. Montana October 28, 2002 submittal

    On October 28, 2002, the Governor of Montana submitted revisions to 
its (SIP). The specific revisions to the SIP contained in the October 
28, 2002 submittal are explained below.

[[Page 62531]]

1. ARM 17.8.102--Incorporation by Reference

    ARM 17.8.102 was revised to update the dates of documents which are 
incorporated by reference. These revisions are necessary to allow the 
State to include the most recent editions of State rules and federal 
regulations. ARM 17.8.102(a) was revised to change the incorporation by 
reference of the Code of Federal Regulations (CFR) from the July 1, 
2000 to the July 1, 2001 edition. ARM 17.8.102(d) was revised to change 
the incorporation by reference of the ARM from the December 31, 2000 to 
the December 31, 2001 edition. EPA believes these revisions are minor 
and we are approving them into the SIP.

2. ARM 17.8.101, ARM 17.8.801, ARM 17.8.901--Definitions

    In ARM 17.8.101(41), 17.8.801(29) and 17.8.901(20), the state 
definition for ``volatile organic compounds'' (VOCs) that is equivalent 
to the federal definition is deleted and replaced by an incorporation 
by reference to the federal regulation of the same definition in 40 CFR 
51.100(s). The reason for incorporating by reference the definition for 
VOCs is that EPA frequently revises the federal definition, which means 
the State must frequently revise its definition to reflect these 
changes. By incorporating by reference the federal definition, the 
State will not have to change its definition when the EPA revises the 
federal definition. EPA believes these revisions are consistent with 
the federal definition and we are approving them into the SIP.

3. ARM 17.8.302--Incorporation by Reference

    ARM 17.8.302(1)(f) is revised by deleting the reference to a 
specific Federal Register notice (66 FR 3179) for new federal pulp mill 
emission standards for hazardous air pollutants. The standards have now 
been codified in the CFR and the State is incorporating by reference 40 
CFR part 63, where the standards were codified. The EPA believes these 
revisions are consistent with the federal requirements and we are 
approving them into the SIP.

4. ARM 17.8.401--Definitions

    Minor changes were made to this section to correct a typographical 
error in a reference to another ARM section. Specifically, 
17.8.401(1)(b)(v) references (a)(iii) and should reference (1)(a)(iii). 
EPA believes that these revisions are minor, consistent with the 
federal requirements, and we approving them into the SIP.

5. ARM 17.8.1005--Additional Conditions of Air Quality Pre-Construction 
Permits

    ARM 17.8.1005(6) has been revised to correct a reference to another 
air quality rule. ARM 17.8.1005(6) references ARM 17.8.906(6) through 
(8). This reference should be ARM 17.8.906(7) through (9). EPA believes 
that these revisions are minor, consistent with the federal 
requirements, and we approving them into the SIP.

6. Yellowstone County Air Pollution Control Program

    This section of the submittal contains numerous revisions to the 
YCAPCP. We are only acting on the minor revision to Regulation No. 
002--Open Burning Restrictions, as the other revisions are to sections 
of the YCAPCP that have never been approved into the SIP. The revision 
to Regulation No. 002--Open Burning Restrictions, corrects a reference 
to another air quality rule. Specifically, in part (H)(4)(b)(i), the 
reference to ARM 16.14.5 should refer to 17.50.5--Solid Waste 
Management. EPA believes that these revisions are minor, consistent 
with the federal requirements, and we approving them into the SIP.

7. Announcement of NSPS Delegation

    Pursuant to the State's October 28, 2002 submittal, which updated 
the effective date of the incorporated NSPS, on June 24, 2003, EPA 
updated the delegation of authority for the implementation and 
enforcement of the NSPS to the State. Also, we are updating the 
``Delegation Status of New Source Performance Standards [(NSPS) for 
Region VIII]'' table in 60.4(c) by adding entries for newly delegated 
NSPS subparts. The June 24, 2003 letter of delegation to the State 
follows:

Honorable Judy Martz,
Governor of Montana, State Capitol, Helena, Montana 59620-0801

    Dear Governor Martz: On October 28, 2002, the State submitted a 
revision to the Administrative Rules of Montana (ARM) 17.8.102. 
Specifically, the State revised its rules to incorporate the July 1, 
2001 Code of Federal Regulations. This revision, in effect, updates 
the citation of the incorporated Federal New Source Performance 
Standards (NSPS) to July 1, 2001.
    Subsequent to States adopting NSPS regulations, EPA delegates 
the authority for the implementation and enforcement of those NSPS, 
so long as the State's regulations are equivalent to the Federal 
regulations. EPA reviewed the pertinent statutes and regulations of 
the State of Montana and determined that they provide an adequate 
and effective procedure for the implementation and enforcement of 
the NSPS by the State of Montana. 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 Montana as follows:
    (A) Responsibility for all sources located, or to be located, in 
the State of Montana 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 in effect on July 1, 2001. Note this 
delegation does not include the emission guidelines in subparts Cb, 
Cc, Cd, and Ce. 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 to implement. Therefore, of the NSPS of 40 CFR part 60 
being delegated in this letter, the enclosure lists examples of 
sections in 40 CFR part 60 that cannot be delegated to the State of 
Montana.
    (C) The DEQ and EPA will continue a system of communication 
sufficient to guarantee that each office is always fully 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 DEQ. If the DEQ determines that such 
enforcement is not feasible and so notifies EPA, or where the DEQ 
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 Montana subject to NSPS.
    (E) The State of Montana will at no time grant a variance or 
waiver from compliance with NSPS regulations. Should DEQ grant such 
a variance or waiver, EPA will consider the source receiving such 
relief to be in violation of the applicable Federal regulation and 
initiate enforcement action against the source pursuant to section 
113 of the Act. The granting of such relief by the DEQ shall also 
constitute grounds for revocation of delegation by EPA.
    (F) If at anytime 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 DEQ.
    (H) Acceptance of this delegation of presently promulgated NSPS 
does not

[[Page 62532]]

commit the State of Montana 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 request of October 28, 
2002.
    (I) Upon approval of the Regional Administrator of EPA Region 
VIII, the Director of DEQ may subdelegate 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 Montana must require reporting of all excess 
emissions from any NSPS source in accordance with 40 CFR 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 60.8(b)(2) and (3), the State may approve minor changes in 
methodology provided these changes are reported to EPA Region VIII. 
The Administrator also retains the right to change the opacity 
standard as specified in 40 CFR 60.11(e).
    (L) Determinations of applicability such as those specified in 
40 CFR 60.5 and 60.6 shall be consistent with those which have 
already been made by the EPA.
    (M) Alternatives to continuos monitoring procedures or reporting 
requirements, as outlined in 40 CFR 60.13(i), may be approved by the 
State with the prior concurrence of the Regional Administrator.
    (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 VIII and obtain a determination on the 
applicability of the NSPS regulations.
    (O) Information shall be made available to the public in 
accordance with 40 CFR 60.9. Any records, reports, or information 
provided to, or otherwise obtained by, the 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 VIII office, but rather to the 
DEQ.
    (Q) As 40 CFR part 60 is updated, Montana 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 Montana's request for NSPS delegation for all 
areas within the State except for the following: lands within the 
exterior boundaries of the Northern Cheyenne, Rocky Boys, Blackfeet, 
Crow, Flathead, Fort Belknap, and Fort Peck Indian Reservations; and 
any other areas which are Indian Country within the meaning of 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 Montana will be deemed 
to accept all the terms of this delegation. EPA will publish an 
information notice in the Federal Register in the near future to 
inform the public of this delegation, in which this letter will 
appear in its entirety.
    If you have any questions on this matter, please contact me or 
have your staff contact Richard Long, Director of our Air and 
Radiation Program, at (303) 312-6005.

 Sincerely yours,

Robert E. Roberts,
Regional Administrator

Enclosures
    cc: Jan Sensibaugh, Director, Montana Department of 
Environmental Quality, John Wardell, 8MO

Enclosure to Letter Delegating NSPS in 40 CFR Part 60,
Effective Through July 1, 2001, to the State of Montana

   Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
------------------------------------------------------------------------
          40 CFR  Subparts                        Section(s)
------------------------------------------------------------------------
A...................................  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).
Da..................................  60.45a.
Db..................................  60.44b(f), 60.44b(g) and
                                       60.49b(a)(4).
Dc..................................  60.48c(a)(4).
Ec..................................  60.56c(i), 60.8.
J...................................  60.105(a)(13)(iii) and
                                       60.106(i)(12).
Ka..................................  60.114a.
Kb..................................  60.111b(f)(4), 60.114b,
                                       60.116b(e)(3)(iii),
                                       60.116b(e)(3)(iv), and
                                       60.116b(f)(2)(iii).
O...................................  60.153(e).
S...................................  60.195(b).
DD..................................  60.302(d)(3).
GG..................................  60.332(a)(3) and 60.335(a).
VV..................................  60.482-1(c)(2) and 60.484.
WW..................................  60.493(b)(2)(i)(A) and
                                       60.496(a)(1).
XX..................................  60.502(e)(6).
AAA.................................  60.531, 60.533, 60.534, 60.535,
                                       60.536(i)(2), 60.537, 60.538(e)
                                       and 60.539.
BBB.................................  60.543(c)(2)(ii)(B).
DDD.................................  60.562-2(c).
GGG.................................  60.592(c).
III.................................  60.613(e).
JJJ.................................  60.623.
KKK.................................  60.634.
NNN.................................  60.663(f).
QQQ.................................  60.694.
RRR.................................  60.703(e).
SSS.................................  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.
TTT.................................  60.723(b)(1), 60.723(b)(2)(i)(C),
                                       60.723(b)(2)(iv), 60.724(e) and
                                       60.725(b).
VVV.................................  60.743(a)(3)(v)(A) and (B),
                                       60.743(e), 60.745(a) and 60.746.
WWW.................................  60.754(a)(5).
------------------------------------------------------------------------

    In the June 24, 2003 letter of delegation to the State of Montana, 
we mistakenly did not indicate that two of the NSPS subparts in the 
July 2001 version of the CFR could not be delegated to the State. 
Subparts BBBB and DDDD contain emission guidelines, which are not 
delegated to the state, but require state plans that are approved under 
a separate process pursuant to Section 111(d) of the CAA. On September 
8, 2003, we notified the State that we mistakenly did not include 
Subparts BBBB and DDDD in their letter of delegation as Subparts that 
could not be delegated. We will be taking action on the State plans 
under Section 111(d) of the CAA at a later time.

B. Wyoming August 9, 2000, August 7, 2001 and June 30, 2003 Submittals

    On August 9, 2000, August 7, 2001 and June 30, 2003, the State of 
Wyoming submitted revisions to the NSPS in Chapter 5, Section 2 of the 
Wyoming Air Quality Standards and Regulations. The revisions update the 
incorporation by reference date of the federal NSPS and request 
delegation of the authority to implement and enforce the NSPS to the 
State. EPA is announcing that on August 13, 2003, we issued a letter 
delegating the responsibility for the implementation and enforcement of 
the of the NSPS to the State of Wyoming. Also, we are updating the 
``Delegation Status of New Source Performance Standards [(NSPS) for 
Region VIII]'' table in 60.4(c) by adding entries for newly delegated 
NSPS subparts. The August 13, 2003 letter of delegation to the State 
follows:

John V. Corra, Director
Department of Environmental Quality, 122 West 25th Street, Cheyenne, 
WY 82002

    Dear Mr. Corra: On June 30, 2003, the State submitted a revision 
to the Wyoming Air Quality Standards and Regulations. Specifically, 
the State revised Chapter 5, Section 2, New Source Performance 
Standards, to incorporate the July 1, 2001 Code of Federal 
Regulations. This revision, in effect, updates the citation of the 
incorporated Federal New Source

[[Page 62533]]

Performance Standards (NSPS) to July 1, 2001.
    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 of Wyoming. 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 in effect on July 1, 2001, except 
subparts BBBB and DDDD. Note this delegation does not include the 
emission guidelines in subparts Cb, Cc, Cd, and Ce. 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 to implement. Therefore, of the NSPS of 40 CFR part 60 
being delegated in this letter, the enclosure lists examples of 
sections in 40 CFR part 60 that cannot be delegated to the State of 
Wyoming.
    (C) The DEQ and EPA will continue a system of communication 
sufficient to guarantee that each office is always fully 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 DEQ. If the DEQ determines that such 
enforcement is not feasible and so notifies EPA, or where the DEQ 
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 DEQ grant such 
a variance or waiver, EPA will consider the source receiving such 
relief to be in violation of the applicable Federal regulation and 
initiate enforcement action against the source pursuant to section 
113 of the Act. The granting of such relief by the DEQ shall also 
constitute grounds for revocation of 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 DEQ.
    (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 request of 
June 30, 2003.
    (I) Upon approval of the Regional Administrator of EPA Region 8, 
the Director of DEQ may subdelegate 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 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 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 60.11(e).
    (L) Determinations of applicability such as those specified in 
40 CFR 60.5 and 60.6 shall be consistent with those which have 
already been made by the EPA.
    (M) Alternatives to continuous monitoring procedures or 
reporting requirements, as outlined in 40 CFR 60.13(i), may be 
approved by the State with the prior concurrence of the Regional 
Administrator.
    (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.
    (O) Information shall be made available to the public in 
accordance with 40 CFR 60.9. Any records, reports, or information 
provided to, or otherwise obtained by, the 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 DEQ.
    (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; and any 
other areas which are ``Indian Country'' within the meaning of 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. EPA will publish an 
information notice in the Federal Register in the near future to 
inform the public of this delegation, in which this letter will 
appear in its entirety.
    If you have any questions on this matter, please contact me or 
have your staff contact Richard Long, Director of our Air and 
Radiation Program, at (303) 312-6005, or toll-free at 1-800-227-
8917.

 Sincerely,

Robert E. Roberts,
Regional Administrator

Enclosures
    cc: Dan Olson, Administrator, Air Quality Division

Enclosure to Letter Delegating NSPS in 40 CFR Part 60,
Effective Through July 1, 2001, to the State of Wyoming

   Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
------------------------------------------------------------------------
          40 CFR  subparts                        Section(s)
------------------------------------------------------------------------
A...................................  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).
Da..................................  60.45a.
Db..................................  60.44b(f), 60.44b(g) and
                                       60.49b(a)(4).
Dc..................................  60.48c(a)(4).
Ec..................................  60.56c(i), 60.8
J...................................  60.105(a)(13)(iii) and
                                       60.106(i)(12).
Ka..................................  60.114a.
Kb..................................  60.111b(f)(4), 60.114b,
                                       60.116b(e)(3)(iii),
                                       60.116b(e)(3)(iv), and
                                       60.116b(f)(2)(iii).
O...................................  60.153(e).
S...................................  60.195(b).
DD..................................  60.302(d)(3).
GG..................................  60.332(a)(3) and 60.335(a).
VV..................................  60.482-1(c)(2) and 60.484.
WW..................................  60.493(b)(2)(i)(A) and
                                       60.496(a)(1).
XX..................................  60.502(e)(6).
AAA.................................  60.531, 60.533, 60.534, 60.535,
                                       60.536(i)(2), 60.537, 60.538(e)
                                       and 60.539.
BBB.................................  60.543(c)(2)(ii)(B).
DDD.................................  60.562-2(c).
GGG.................................  60.592(c).
III.................................  60.613(e).

[[Page 62534]]

 
JJJ.................................  60.623.
KKK.................................  60.634.
NNN.................................  60.663(f).
QQQ.................................  60.694.
RRR.................................  60.703(e).
SSS.................................  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.
TTT.................................  60.723(b)(1), 60.723(b)(2)(i)(C),
                                       60.723(b)(2)(iv), 60.724(e) and
                                       60.725(b).
VVV.................................  60.743(a)(3)(v)(A) and (B),
                                       60.743(e), 60.745(a) and 60.746.
WWW.................................  60.754(a)(5).
------------------------------------------------------------------------

III. Final Action

    EPA is approving the following revisions to the Montana SIP 
submitted on October 28, 2002: Revisions to ARM 17.8.101, 102, 302, 
401, 801, 901 and 1005. EPA is also approving the revisions to the 
YCAPCP, Regulation No. 002--Open Burning Restrictions. We are 
announcing that on June 24, 2003 and on August 13, 2003, we updated the 
delegation of authority for the implementation and enforcement of the 
NSPS to the State of Montana and the State of Wyoming, respectively. We 
are also updating the ``Delegation Status of New Source Performance 
Standards [(NSPS) for Region VIII]'' table in 60.4(c) by adding entries 
for newly delegated NSPS subparts.
    Section 110(l) of the Clean Air Act states that a SIP revision 
cannot be approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
towards attainment of the NAAQS or any other applicable requirements of 
the Act. The Montana SIP revisions and the Montana and Wyoming NSPS 
delegations that are the subject of this document do not interfere with 
the maintenance of the NAAQS or any other applicable requirement of the 
Act because of the following: (1) The update to the incorporation by 
reference, as well as amending the definition of VOCs, allows the State 
of Montana to include the most recent version of federal regulations; 
and (2) the NSPS delegations for Montana and Wyoming meet the 
requirements of section 111(c) of the CAA and 40 CFR part 60. 
Therefore, section 110(l) requirements are satisfied.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the ``Proposed Rules'' section of today's 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision if adverse 
comments be filed. This rule will be effective January 5, 2004 without 
further notice unless the Agency receives adverse comments by December 
5, 2003. If the EPA receives adverse comments, EPA will publish a 
timely withdrawal in the Federal Register informing the public that the 
rule will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of

[[Page 62535]]

this action must be filed in the United States Court of Appeals for the 
appropriate circuit by January 5, 2004. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 60

    Air pollution control, Aluminum, Ammonium sulfate plants, 
Beverages, Carbon monoxide, Cement industry, Coal, Copper, Dry 
cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline, Glass 
and glass products, Grains, Graphic arts industry, Household 
appliances, Insulation, Intergovernmental relations, Iron, Lead, Lime, 
Metallic and nonmetallic mineral processing plants, Metals, Motor 
vehicles, Natural gas, Nitric acid plants, Nitrogen dioxide, Paper and 
paper products industry, Particulate matter, Paving and roofing 
materials, Petroleum, Phosphate, Plastics materials and synthetics, 
Reporting and recordkeeping requirements, Sewage disposal, Steel, 
Sulfur oxides, Tires, Urethane, Vinyl, Waste treatment and disposal, 
Wool, Zinc.

    Dated: October 1, 2003.
Robert E. Roberts,
Regional Administrator, Region 8.

0
40 CFR parts 52 and 60 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart BB--Montana

0
2. Section 52.1370 is amended by adding paragraph (c)(59) to read as 
follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (59) On October 28, 2002, the Governor of Montana submitted 
revisions to the Administrative Rules of Montana (ARM). The State 
revised its Incorporation by Reference rules (ARM 17.8.102, 17.8.302) 
and revised the definition of volatile organic compounds to incorporate 
by reference the federal regulation (ARM 17.8.101, 17.8.801, 17.8.901). 
Additional minor changes were made to ARM 17.8.401, 17.8.1005 and the 
Yellowstone County Air Pollution Control Program Regulation No. 002.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections 17.8.101(41), 
17.8.102(a) and (d), 17.8.302(1)(f), 17.8.401(1)(b)(v), 17.8.801(29), 
17.8.901(20) and 17.8.1005(6), effective 6/28/02.
    (B) Yellowstone County Air Pollution Control Program, Regulation 
No. 002, (H)(4)(b)(i), effective June 7, 2002.

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, and 7601 as amended 
by the Clean Air Act Amendments of 1990, Pub. L. 101-549, 104 Stat. 
2399 (November 15, 1990; 402, 409, 415 of the Clean Air Act as 
amended, 104 Stat. 2399, unless otherwise noted).

Subpart A--General Provisions

0
2. Section 60.4 (c) is amended by adding entries for subparts ``AAAA'' 
and ``CCCC'' in the table entitled ``Delegation Status of New Source 
Performance Standards [(NSPS) for Region VIII]'' to read as follows:


Sec.  60.4  Address.

* * * * *
    (c) * * *

                 Delegation Status of New Source Performance Standards [(NSPS) for Region VIII]
----------------------------------------------------------------------------------------------------------------
           Subpart                    CO            MT            ND               SD               UT        WY
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
AAAA--Small Municipal Waste    ................     (*)    ...............  ...............  ...............  (*
 Combustors.                                                                                                   )
CCCC--Commercial and           ................     (*)    ...............  ...............  ...............  (*
 Industrial Solid Waste                                                                                       )
 Incineration Units.
----------------------------------------------------------------------------------------------------------------
* Indicates approval of the state regulation.

[FR Doc. 03-27265 Filed 11-4-03; 8:45 am]
BILLING CODE 6560-50-P