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Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Rules and Regulations
III. EPA Evaluation In its August 21, 2020 letter, WDEQ
requested that EPA formally transfer authority to WDEQ for the two July 26, 1973 permits issued under the federal NSR program at 40 CFR
52.2625b1972 based upon the EPAs 1975 approval of Wyomings NSR
program and deletion of the federal NSR
program as well as a demonstration that Wyomings current regulations still meet the requirements of a federally approved permit program as required under 40 CFR 51.11a4 and 51.18.
WDEQs request for the transfer of the federally-issued permits under 40 CFR
52.2625b1972 to Wyoming includes the request to transfer the authority to conduct general administration of these existing permits, authority to process and issue any and all subsequent permit actions relating to such permits e.g.
modifications, amendments, or revisions of any nature and authority to enforce such permits.
In its August 21, 2020 letter, WDEQ
provided that Wyomings stationary source permitting rules contained within its SIP including Chapter 6, section 2 of the Wyoming Air Quality Rules and Regulations, provide WDEQ
the authority to administer all permits, including the two 8AEE permits originally issued by the EPA. Chapter 6, section 2 of the Wyoming Air Quality Rules and Regulations authorizes WDEQ
to issue permits and impose conditions in those permits in order to ensure the maintenance or attainment of national and state ambient air quality standards which the EPA approved in 1975.12
WDEQ has authority to enforce these permits under Wyoming Statutes Annotated 3511901. This is in keeping with the requirements of 40
CFR 51.18 which requires state programs to have the ability to impose permit conditions to maintain the national and state ambient air quality standards. We agree with the States findings that Chapter 6, section 2
continues to satisfy the requirements of 40 CFR 51.18.
In addition, Wyoming asserts that Wyomings Chapter 6, section 2cii requirements satisfy the requirements of 40 CFR 51.11a4 and 51.18a.
Wyomings Chapter 6, section 2cii states that no approval to construct or modify will be granted unless the applicant shows, to the satisfaction of the Administrator of the Division of Air Quality that . . . the proposed facility will not prevent the attainment or maintenance of any ambient air quality standard. Under 40 CFR 51.18a, plans 12 40

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are required to set forth legally enforceable procedures to be used to implement the provisions of 40 CFR
51.11a4. 40 CFR 51.11a4 provides that the permitting entity must have the authority to prevent construction, modification, or operation of any stationary source at any location where emissions from such source will prevent the attainment or maintenance of a national standard. Since Wyomings SIP sets forth legally enforceable procedures to implement the authority to prevent construction, modification, or operation of any stationary source at any location where emissions from such source will prevent the attainment or maintenance of a national standard, we agree with the States findings that Chapter 6, section 2 continues to satisfy the requirements of 40 CFR 51.11a4
and 51.18a.
Wyoming also states that Chapter 6, section 2bi of the Wyoming Air Quality Rules and Regulations is analogous to 40 CFR 51.18b which requires plans to contain provisions that require applicants to submit information on the nature and amounts of emissions, locations, design, construction and operation of such sources as may be necessary to permit the state agency to make the determination referred to in 40
CFR 51.18a. We agree with the States findings that Chapter 6, Section 2
continues to satisfy the requirements of 40 CFR 51.18b.
Wyoming also provides in their August 21, 2020 letter that Chapter 6, section 2cii of the Wyoming Air Quality Rules and Regulations meets the requirements of 40 CFR 51.18c requiring state permitting agencies to have the authority to deny approval of construction of new sources or modification of existing sources that would result in interference with the attainment of maintenance of national standards. Chapter 6, section 2cii of the Wyoming Air Quality Rules and Regulations states that approval will not be granted unless the applicant demonstrates the construction or modification will not prevent attainment or maintenance of national standards. We agree with the States findings that Chapter 6, section 2
continues to satisfy the requirements of 40 CFR 51.18c.
Lastly, Wyoming states that Chapter 6, section 2l of the Wyoming Air Quality Standards and Regulations meets the requirements of 40 CFR 51.18d which states that an approval or any construction of modification must not affect the responsibility of the applicant to comply with applicable portions of the control strategy. Wyomings Chapter 6, section 2l of the Wyoming Air
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Quality Standards and Regulations, states that approval to construct or modify shall not relieve any owner or operator of the responsibility to comply with all local, state, and federal rules and regulations. We agree with the States findings that Chapter 6, section 2 continues to satisfy the requirements of 40 CFR 51.18d.
Pursuant to the criteria under section 110a2Ei of the Clean Air Act, we have determined that WDEQ has the authority, personnel and funding to implement the NSR program for direct sources within Wyoming for existing EPA-issued permits under 40 CFR
52.2625b1972. This is based upon the EPAs June 10, 1975 approval of Wyoming Air Quality Standards and Regulations, 1974 whereby the EPA
approved Wyomings NSR program for direct sources and deleted EPAs federal NSR program under 52.2625b 1972.13 In our 1975 rulemaking, we determined that Wyomings regulations met the requirement that Wyomings SIP
include procedures to assure that the construction or modification of new or existing stationary sources would not interfere with the attainment or maintenance of the NAAQS as required under 40 CFR 51.18. In addition, we have determined that Wyoming has demonstrated that its SIP and Chapter 6, section 2 of the Wyoming Air Quality Rules and Regulations provide WDEQ
the authority to administer all permits, including the two permits issued by the EPA under 40 CFR 52.2625b1972 on July 26, 1973.
IV. Final Action Based on our finding that WDEQ has met the criteria under section 110a2Ei of the CAA and that WDEQ has the authority, personnel and funding to implement the NSR program within Wyoming for existing EPAissued permits under 40 CFR
52.2625b1972, the two EPA-issued permits, both numbered 8AEE, will be transferred to Wyoming upon the effective date of this rule.
V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a state NSR program submittal that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410k;
40 CFR 52.02a. Thus, in reviewing NSR program submittals, the EPAs role is to approve state choices, provided they meet the criteria of the CAA and the criteria, standards and procedures defined in 40 CFR parts 51 and 52.
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