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-*I

c.. \&,- 3 274 f', \r 'j 

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 999 18TH STREET 

### - SUITE 300 DENVER, CO 80202-2466 Phone 800-227-8917 http:llwww.epa.govlregion08

Ref: SP-AR Honorable Judy Martz Governor ofMontana State Capitol Helena, Montana 59620-OS01 Dear Governor Martz: On August 20, 2003, 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 1,2002 Code of Federal Regulations. This revision, in effect, updates the citation ofthe incorporated Federal New SourcePerformance Standards (NSPS) to July 1,2002. Subsequentto States adopting NSPS regulations, EPA delegates the authority for the implementation and enforcement ofthose 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 ofMontana. Therefore, pursuant to Section 11l(c) ofthe 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, 2002. Note this delegation does not include the emission guidelines in subparts Cb, Cc, Cd, Ce,BBBB and

### DDDD. These subparts requirestateplans which are approved under a separateprocesspursuant to Section I I I (d) oftheAct. (B) Not all authorities ofNSPS can be delegated to States under Section 11l(c)ofthe Act, as amended. The EPA Administrator retains authority to implement those sections of the NSPS that require: (1) approving equivalency determinations and alternative test

dm 

### t$ Printed on Recycled Paper

# - 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 ofMontana. (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 ofthe 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 ofthis delegation, EPA may exercise its concurrent enforcement authority pursuant to section 1 13ofthe Act, as amended, with respect to sources within the State ofMontana subject to NSPS. 

### (E) The State ofMontana 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 sourcereceiving such relief to be in violation ofthe applicable Federal regulation and initiate enforcement action against the source pursuant to section 1 13of 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 Stateregulation and 

### a Federal regulation (40 CFR Part 60), the Federal regulation must be applied 

### ifit is more stringent than that ofthe State. Ifthe State does not have the authority to enforce the more stringent Federal regulation, this portion of the delegation maybe revoked. 

### (G) If the Regional Administrator determines that a Stateprocedure 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 ofRevocation to the 

### DEQ. 

### (H) Acceptance of this deIegation ofpresently promulgated NSPS doesnot commit the State ofMontana to accept delegation of fhture standards and requirements. A'new request for delegation will be required for any standards not included in the State's request of August 20,2003. (I) Upon approval of the Regional Administrator ofEPA Region VIII, the Director of DEQ may subdelegate hidher 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 sourcein accordance with 40 

### CFR 60.7(c). 'yI4,

### (K) Performance tests shall be scheduled and conducted in accordancewith the procedures set forth in 40 CFR Part 60 unless alternate methods orprocedures are approved by the EPA Administrator. Although the Administratorretains 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. TheAdministrator also retains the right to changethe opacity standard as specified in 

### 40 CFR 60.1l(e). (L) Determinations 

### of applicability such as those specified in 40 CFR 60.5 and 60.6 shall be consistent with those which have alreadybeen made by the EPA. 

### (M) Alternatives to continuous monitoring procedures orreporting requirements, as outlined in 40 CFR 60.13(i),may be approved by the Statewith 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 VI11 and obtain a determination on the applicability of the NSPS regulations. (0)Information shall be made available to the public in accordancewith 40 CFR 60.9. Any records, reports, or information provided to, or otherwise obtainedby, 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 EPARegion VI11 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’srequest for NSPS delegation for all areas within the State except for the following: lands within the exteriorboundaries of the Northem Cheyenne, Rocky Boys, Blackfeet, Crow, Flathead, Fort Belknap, and Fort Peck Lndian Reservations; and any other areas which are Indian Countrywithin the meaning of 18U.S.C. 1 151. 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 ofMontana will be deemed to accept all the terms ofthis 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 T Richard 

### Long, Director of our Air and Radiation Program. We can both be reached at (800) 227-8917.

Sincerelyyours,

Robert



### . Roberts



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Regional Administrator Enclosure

cc: Jan Sensibaugh,Director Montana Department ofEnvironmental Quality John Wardell, 8M0



# . 11Enclosure to Letter DelegatingNSPS in 40 CFR Part 60, Effective Through July 1,2002,to the StateofMontana 

### Examples ofAuthorities in 40 

### CFR 

### Part 60 

### Which Cannot Be Delegated

~ 40CFR Section(s) ' Subparts

A 60.8(b)(2) and (b)(3), and those sections throughout the standards that reference 60.8(b)(2) and (b)(3); 60.1l(b) and (e). Da 

# 1 60.45a. 

# I
Db 

# I 60.44b(f), 60.44b(g) and 60.49b(a)(4). 

# I

I I Dc 

# I 60.48c(a)(4). 

# I Ec 

# I 60.56c(i), 60.8

~ 

### J 

# I 60.105(a)(13)(iii) and 60.106(i)(12).

Ka 60.1 14a. Kb 60.1 1lb(f)(4),

### 60.1 14b, 60.1 16b(e)(3)(iii),60.1 16b(e)(3)(iv),and 60.1 16b(f)(2)(iii). 0 60.153(e). 

### S 60.195(b). DD 60.302(d)(3). 

### GG 

# I 60.332(a)(3) and 60.335(a). 

## vv 

# I 60.482-1(~)(2) and 60.484. 

# ww 

# I 60.493(b)(2)(i)(A) and 60.496(a)(1). 

## xx 

# I 60.502(e)(6) 

### AAA 60.53 1, 60.533, 60.534, 60.535, 60.536(i)(2), 60.537, 60.538(e) and 60.539. 

### BBB 

# I 60.543(c)(2)(ii)(

### B)

. DDD 60.562-2(c). 

### GGG 60.592(c)

. I11 60.613(e). 

### JJJ 60.623.

### KKK NNN 

## QQQ RRR 

## sss 60.634. 60.663(f). 60.694. 60.703(e). 60.71 l(a)(16), 60.713(b)(l)(i) 

### and (ii), 60.713(b)(5)(i),60.713(d), 60.715(a) and 60.716. 

### TTT 60.723(b)(l), 60.723(b)(2)(i)(C), 60.723(b)(2)(iv),60.724(e) and 60.725(b). 

## vvv 

# I 60+743(a)(3)(v)(A) and 

### (B), 60.743(e), 60.745(a) and 60.746. WWW 60.2030(c)identifies authoritiesin Subpart 

### CCCC that 

### cannotbe 

# Icccc delegated to the State