40 C.F.R. § 60.250

Applicability and designation of affected facility

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(a) The provisions of this subpart apply to affected facilities in coal preparation and processing plants that process more than 181 megagrams (Mg) (200 tons) of coal per day.

(b) The provisions in §§ 60.251, 60.252(a), 60.253(a), 60.254(a), 60.255(a), and 60.256(a) of this subpart are applicable to any of the following affected facilities that commenced construction, reconstruction or modification after October 27, 1974, and on or before April 28, 2008: Thermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), and coal storage systems, transfer and loading systems.

(c) The provisions in §§ 60.251, 60.252(b)(1) and (c), 60.253(b), 60.254(b), 60.255(b) through (h), 60.256(b) and (c), 60.257, and 60.258 of this subpart are applicable to any of the following affected facilities that commenced construction, reconstruction or modification after April 28, 2008, and on or before May 27, 2009: Thermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), and coal storage systems, transfer and loading systems.

(d) The provisions in §§ 60.251, 60.252(b)(1) through (3), and (c), 60.253(b), 60.254(b) and (c), 60.255(b) through (h), 60.256(b) and (c), 60.257, and 60.258 of this subpart are applicable to any of the following affected facilities that commenced construction, reconstruction or modification after May 27, 2009: Thermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), coal storage systems, transfer and loading systems, and open storage piles.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2018–2021 · leading case: Casey Voigt v. Coyote Creek Mining Co., LLC, 980 F.3d 1191 (8th Cir. 2020).

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Casey Voigt v. Coyote Creek Mining Co., LLC, 980 F.3d 1191 (8th Cir. 2020). · cites it 9× “” 40 C.F.R. § 60.250 (a) (emphasis added). Affected facilities for the purposes of Subpart Y performance standards is defined to include “[t]hermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers),…”

Casey Voigt v. Coyote Creek Mining Co., LLC, 999 F.3d 555 (8th Cir. 2021). “I am pleased that the court now exercises its own independent judgment to say what the law is, rather than deferring to a state agency’s view, but it still misreads the regulation at the heart of this case.”

Voigt v. Coyote Creek Mining Co., 329 F. Supp. 3d 735 (2018). · cites it 2× “40 C.F.R. § 60.250 (d) (italics added). 4 The reason for the separate definition of "affected facilities" is that Subpart Y only *754 imposes performance standards on "affected facilities" of the coal processing plant and not on the entire plant.”

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