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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 8 

999 18THSTREET - SUITE 300 

DENVER, CO 80202-2466 

Phone 800-227-8917 

http:llwww.epa.govlregion08 

Ref: SP-AR 

Honorable Judy Martz 

Governor of Montana 

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 of the incorporated 

Federal New Source Performance Standards (NSPS) to July 1,2002. 

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 11l(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, 2002. Note this delegation does 

not include the emission guidelines in subparts Cb, Cc, Cd, Ce, BBBB and DDDD. These 

subparts require state plans which are approved under a separate process pursuant to 

Section I I I (d) of the Act. 

(B) Not all authorities of NSPS can be delegated to States under Section 11l(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 

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methods, (2) decision making to ensure national consistency, and (3) EPA rulemaking to 

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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 deIegation of presently promulgated NSPS does not commit the 

State of Montana 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 of EPA 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 

source in accordance with 40 CFR 60.7(c). 'yI4, 
(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 60.1l(e). 

(L) Determinations of applicability such as those specified in 40 CFR 60.5 and 60.6 shall 

be consistent with those which have 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 VI11 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 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 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’s request for NSPS delegation for all areas within the State 

except for the following: lands within the exterior boundaries of the Northem Cheyenne, Rocky 

Boys, Blackfeet, Crow, Flathead, Fort Belknap, and Fort Peck Lndian 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 T 

Richard Long, Director of our Air and Radiation Program. We can both be reached at 

(800) 227-8917. 

Sincerely yours, 

+Yk Robert .Roberts

Regional Administrator 

Enclosure 

cc: Jan Sensibaugh, Director 

Montana Department of Environmental Quality 

John Wardell, 8M0 

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Enclosure to Letter Delegating NSPS in 40 CFR Part 60, 

Effective Through July 1,2002, to the State of Montana 

Examples of Authorities 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); 60.1 l(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 60.114a. 

Kb 60.11lb(f)(4), 60.114b, 60.116b(e)(3)(iii), 60.116b(e)(3)(iv),and 

60.116b(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 60.531, 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). 

60.71l(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 authorities in Subpart CCCC that cannot be I cccc delegated to the State