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! To protect, conserve and enhance the quality of Wyoming's env/ronrn_e[l.t for the benefit ofcurrent and future qenerations. Matthew H. Mea'a,**.Gove~nor** ':. · · · Todd Paliitt.Director

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### Section 3 ofChapter 1, Common·Provisions;

# \Vai iev{;e4to·add

## thed~fiAit1qr of:'. ·. : "Greenhouse gases (GHGs)." A new Section 7,**Gr~eriliouse** 

### .gases;AY:as added

## to require the: permitting ofsources ofgreenhouse gases, exempt

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### permitting, and provide several offramps for greerihouse gas perinitting.:. 'Offramp language wa;s' ,' not included in the SIP submittal. · ·'

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### Section 4 ofChapter 6, Permitting Requirements, was modified to allowfor

### the' , ;:·· permitting ofgreenhouse gases under the PSD program. Definitions for "Greenhouse gases,,;: (GHGs)," "emissions increase," and "tpy C02 equivalent emissions (COze)" 

### with**exclusiob's~.((J.r·f·** 

### biogenic sources, were added to this section. Applicability thresholds for several different types ofpermitting scenarios were also added. Changes were made to the PSD definition of"Major source" to avoid triggering applicability on minor sources. A temporary phrase was inserted in Section 14, Incorporation by reference, to allow adoption by reference ofgreenhouse gas-related regulations that came after July 1, 

### 2010.

Herschler Building · 122 West 25th Street · Cheyenne, WY 82002 · http://deq.state.wy.us

### Mr. Howard Cantor March 8, 2013 Page 2

Afterreviewing comments received before or during the public hearing, the Environmental Quality Council approved the proposedrevisions on October 5, 2012. Pursuant to the Wyoming Administrative Procedures Act, the revisions were forwarded to the Governor's Office for approval. The Wyoming Legislature recently completed all ofthe necessary legislation which allows the State ofWyoming to regulate GHGs and submit those regulation changes to the Environmental Protection Agency. Upon completion ofthis legislation, the rule revisions were transmitted to the Secretary ofState's Office, and became effective on February 14,2013. In the process ofpreparing the SIP submittal for GHG permittingprovisions, itquickly became apparent thatthere are two prior Wyoming SIP submittals involvingthe same State regulations which require prompt EPA action as well. The first ofthese submittals was received by EPA on5/11/2011, and the second submittal was received on 5/25/2012. Both submittals concernmajor source permitting sections ofthe Wyoming regulations, and therefore, overlap with this submittal on GHGpermitting. We respectfully request that EPA act onthose submittals as well as this GHG SIP revision to make all ofWyoming'sPrevention ofSignificant Deterioration (PSD) regulations fully approvable in the SIP. Since all ofthe necessary Statereviews and approvals have been secured, I am submitting one paper copy and one electronic copy (in .pdfformat on CD) ofthe revisions to the State Implementation Plan. The electronic copy is an exact duplicate ofthe paper copy. The following administrative materials are included in the plan submission and have been attached for your**r~view:** 

### I. A copy ofthe stamped Certification Page by the Secretary ofState indicating the effective date ofthe revisions. The Certification Page, which has been signed by the Governor and Director oftheDepartment ofEnvironmental Quality, documents the necessary legal authority under State lawto adopt and implement the revised regulations and also provides evidence, along with the attachments listed below, that Wyoming followed all ofthe procedural requirements ofthe State's laws and constitution in conducting and completing the adoption ofthe plan. The rules became effective February 14, 2013. 2. A July 13,2012 memorandum from John Corra, the presiding Director ofthe Department ofEnvironmental Quality at the time, to the Governor's Office requesting approval to proceed with the rulemaking. 3. An·october 18, 2012 review from the Legislative Service Office, finding the revised regulations within the scope ofintent oflegislative authority. 4. A copy ofthe notices issued bythe Air Quality Division for public hearings with a list ofnewspapers and dates ofpublication. 

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### Mr. Howard Cantor March 8, 2013 Page 3

5. A copy ofthe Statement ofPrincipal Reasons that was adopted with the rules.

6. A copy ofthe summary ofcomments and responses. 7. A list ofsignatures ofwitnesses present at the October 5, 2012 hearing as well as a copy ofthe agenda. 8. Two copies ofthe revised chapters, one copy showing where revisions were made in underline and strikeout and a second clean copy with all the revisions incorporated into a document the State believes the SIP should looklike. 9. A courtesy copy showing all Chapter 6, PSD changes made i:n the 5/11/2011 SIP submittal, the 5/25/2012 SIP submittal, andthe current SIP submittal. This is provided for informationalpurposes only and does notrepresent a new SIP submittal. '' 

### Withthis submission I am asking for Environmental Protection Agency approval ofthe revised State ImplementationPlan for the State ofWyoming to include Chapter 1, Common Provisions, Section 3, Definitions, Section 7, Greenhouse gases, and Chapter 6, Permitting Requirements, Section4, Prevention ofsignificant deterioration, and Section 14, Incorporation by reference, oftheWyoming Air Quality Standards and Regulations as revised February 14, 2013. I am also requesting thatEPA expedite the review onprevious submittals (5/11/2011 and 5/25/2012) inorderto create a fully approved PSD SIP for the State ofWyoming. Ifyou have any questions regarding this submittal, please feel free to contact Steven A. Dietrich, Air Quality Administrator, at 307-777-7391. Sincerely,

Todd Parfitt Director Enclosures

cc: Steven A. Dietrich, Administrator, Air Quality Division w/o enc. Christine Anderson, Air Quality Division w/enc. Jeni Cederle, Air Quality Divisionw/enc. Carl Daly, EPARegion 8 w/o enc. Kathy Ayala, EPARegion 8 w/o enc. Steven Pratt, EPA Region 8 w/o enc.

# Department of Environmental Quality

To protect, consetve andenhance the qualityofWyoming's environmentforthe benefitofcurrentandfuture generations.

Matthew H. Mead, Governor John Corra, Director

To: From: Honorable Matthew H. Mead, Governor

### ~~ John V. Corra, Director, Department ofEnvironmental Quality \ \:

## ~ Subject:

Date: Proposed Rules for Chapters I, 6 and 7 (R-21)

- Greenhouse Gas Permitting Department ofEnvironmental Quality, Air Quality Division July 13, 2012 Priority: HIGH- Deadline for response is July 27, 2012 Summary: Notice ofAgency Rulemaking The AirQuality Division (Division) is proposing revisions to the Wyoming Air Quality Standards and Regulations (WAQS&R) to allow the State to permit sources ofgreenhouse gases. The following is a briefsummary ofthe proposed rule changes:

• Revisions were made to add the definition of"Greenhouse gases (GHGs)." • Anew section was added to require the permitting ofsources ofgreenhouse gases, exempt minor sources from greenhouse gas permitting, and provide several offramps for greenhouse gas permitting. • The definition of"Major source" underthe Wyoming Title VProgram was modified to include anew applicability threshold for greenhouse gases. • Adefinition for "tpy C02 equivalentemissions (C02e)" was added which excludes biogenic emissions through July 21, 2014. • The PSD program was modified to allow for new construction permitting ofgreenhouse gases. Definitions for "Greenhouse gases (GHGs)," "emissions increase," and "tpyC02 equivalent emissions (C02e)'' with exclusions for biogenic sources, were added to the PSD program section. Applicability thresholds for several different types ofpermitting scenarios were also added. Changes were made to the PSD definition of''Majorsource" to avoid triggering applicability on minor sources. The proposed revisions are consistent with federal regulation but no more stringent, and comply with Senate File 0086. Chapter I, Sections 3and 7, and Chapter6, Sections 4and 14 will involve changes to the State Implementation Plan (SIP), and should eventually replace the current Federal Implementation Plan for greenhouse gases. The WyomingAir Quality Advisory Board recommended thatthese revisions be taken forward through the rulemaking process at a public meeting held in Casper, Wyoming on July 12, 2012. AgencyContactName: Agency Contact Phone: Agency Contact Email: Christine Anderson 307-675-5624 tina.anderson@wvo.gov

Governor's Response Options (to be completed by Governor's Office): 

### v Agency may proceed.

____Delay public comment and set up meeting with

# ~**tkd~** 7-ti-12- Signature: Governor's Counsel 

### If

noresponse has been receivedbythe 1

### dh workingday, the agency willproceedwith these rules.

Herschler Building · 122 West 25th Street · Cheyenne, WY 82002 · http:l/deq.state.wy.us ADMIN/OUTREACH ABANDONED MINES (307) 777-7758 (307) 777·6145 FAX 777-7682 FAX 777-6462 AIR QUALITY (307) 777-7391 FAX 777-5616 INDUSTRIAL SITING (307) 777 7369 FAX 177-6937 LAND QUALITY (307) 777·7756 FAX 777·5664 SOLID &HAZ. WASTE (307) 777-7752 FAX 777-5973 WATER QUALITY (307) 777-7781 FAX 7775973 

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### THE STATE OF WYOMING ENVIRONMENTAL QUALITY COUNCIL AGENDA The agenda may be amended at anytime, up to 24 hours prior to the meeting. Emergency items can be added atany time. Agenda items thatdo not have a specific time indicated can be taken up by the Council at any time. MEETINGDATE: October5, 2012- HerschlerBldg., Conference Rm. B63, Cheyenne, WY In Re THOMAS KINDLER#12-5601 Motion for Judgment on Pleadings: 8:30 a.m DEQ/AQD- RULEMAKING HEARINGDockets 12-2101 & 

### 12-2102: 9:00A.M. DEQ/WQD- RULEMAKING HEARING Docket 12-3104: 1:30 P.M. DEQILQD-RULEMAKING HEARING Docket 12-4102: 3:30P.M. CALL TO ORDER- Introduction ofCouncil and Staff 

### 1. APPROVAL OFMINUTES A. July 13, 2012 B. July 13, 2012 Exec. Session

2. 

### CONSENT AGENDA A. Notice ofViolation and Order

a. 12-3206 Country Meadow, LLC.: Effluent violations ofthe Wyoming Pollution Discharge Elimination System b. 12-3207 R.S. Bennett Construction: Violations at the Calpet Road construction site, failure to obtain coverage under the general permit for large construction activities, failure to submit a storm water pollution prevention plan and site map, failure to install effective best management practices to control storm water runoffand failure to conduct inspections



### c. 12-3208 Anadarko Petroleum unpermitted release ofa pollutant (C02) into a water the state resulting in chemical changes to the water quality. of

d. 12-3209 Town of Dayton; recurring effluent violations of the Wyoming Pollution Discharge Elimination System.

e. 12-3210 Audrey Bergeson, Sewage discharge without proper treatment, construction of sewer system without a permit. 

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### If. 12-3211 MC Family ofCompanies, LLC, failure to obtain and operate under a general permit to discharge storm water associated with Large ConstructionActivity. g. 12-3212 Badger Daylighting, unpermitted release ofa petroleum pollutant into a storm water collection basin. h. 12-5207 Scott Yates, Storage tank, contaminated site, failed ot pay 2012 tank fees.

1. 12-5208 Frenchman Valley Farmers Cooperative, storage tank violations , lack ofoverfill alarms, lack ofoverfill restriction devices. j. 12-5209 WyColo Lodge, storage tank violation, failed to pay 2012 tank fee. k. 12-5210 Lincolnway Fast Break, storage tank violations, failure to have Class A or B storage Tank Operator, Failure to perform an OAI, failure to pay annual tank fees B. ADMINISTRATIVE ORDER ON CONSENT

a. 12-5902 Town ofManville: Operating a solid waste management facility without a valid permit. 

### 3. 

### APPROVAL OFORDERSANDDISMISSALS A. Joint Stipulation for Modification: Ram Trucking 12-5213A B. Joint Stipulation for Modification ofOriginal Joint Stipulation and Order- EnviroTank 11-5208A 4. 

### DISCUSSION A. Executive Secretary's Report- Jim Ruby B. AG Report- John Knepper C. John Carra: DEQ enforcement tools. What are they? ADJOURN In accordance with the Americans with DisabilitiesAct, special assistance or alternateformats will be made available upon request for individuals with disabilities.Oo..vlc..Po++erCukb£"<1AGDENVIRONMENTALQUALITYCOUNCILSIGNINSHEETFORMEETINGPlace:HerschlerBldg.,Conf.RmBle.3Cheyenne,VfYrDate:Jdly48.it612CJ"c:::.t--v-l(}ctfMLCorp:J!f-C--

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# Environmental Quality Council Public Hearing October 5, 2012--Public Notice

Newspaper Date ofPublication Casper StarTribune August 1 and 2, 2012 Gillette News Record August 2, 2012 Cody Enterprise August 1, 2012 Wyoming Tribune-Eagle August 2, 2012 Rock Springs Daily RocketMiner August 1, 2012BEFORE THE ENVIRONMENTAL QUALITY COUNCIL STATE OF WYOMING IN THE MATTER OF REVISIONS TO SECTIONS ONE, THREE, AND SEVEN OF CHAPTER ONE; REVISIONS TO SECTIONS ONE, THREE, FOUR AND FOURTEEN OF CHAPTER SIX; AND REVISIONS TO SECTION THREE OF CHAPTER SEVEN OF THE WYOMING AIR QUALITY STANDARDS AND REGULATIONS STATEMENT OF PRINCIPAL REASONS FOR ADOPTION

1. The Environmental Quality Council, pursuant to the authority vested in it by the Wyoming Statutes 35-11-112 (a) (i), has revised orremoved the following chapters and sections to the Wyoming Air Quality Standards and Regulations. The following sections have been revised: Chapter I, Common Provisions, Section I, Introduction to common provisions, and Section 3, Definitions; Chapter 6, Permitting Requirements, Section I, Introduction to permitting requirements, Section 3, Operating permits, Section 4, Prevention ofsignificant deterioration, and Section 14, Incorporation by reference; and Chapter 7, Monitoring Regulations, Section 3, Compliance assurance monitoring (CAM). The following section has been added: Chapter I, Common Provisions, Section 7, Greenhouse gases. 2. Section 35-11-202 (a) ofthe Environmental Quality Act states that the Administrator, after consultation with the Advisory Board, shall recommend to the Director such ambient air standards and regulations that may be necessary to prevent, abate, orcontrol pollution. Section 35-l I-202 (b) ofthe Act states that in recommending such standards the Administrator shall consider all facts and circumstances bearing upon the reasonableness ofthe emissions involved including: (A) The character and degree ofinjury to, or interference with the health and physical well being ofthe people, animals, wildlife and plant life; (B) The social and economic value ofthe source ofpollution; (C) The priority oflocation in the area involved; (D) The technical practicability and economic reasonableness ofreducing or eliminating the pollution; and (E) The social welfare and aesthetic value. 3. Chapter 1. Common Provisions, Section I, Introduction to common provisions, was updated to describe the contents ofeach section ofthe chapter. Section 3, Definitions, was revised to add the definition of"Greenhouse gases (GHGs)." A new Section 7, Greenhouse gases, was added to require the permitting ofsources ofgreenhouse gases, exemptminor sources from greenhouse gas permitting, and provide several offramps for greenhouse gas permitting. The revisions to Section 3, Definitions, and Section 7, Greenhouse gases, involve changes to the State Implementation Plan (SIP). 4. Chapter 6, Permitting Requirements, Section 1, Introduction to permitting requirements, was revised to add a statement exempting minor sources from greenhouse gas permitting. Section 3, Operating permits, was revised to add the definition of"Greenhouse gases (GHGs)," and modify the definition of"Major source" to include a new applicability threshold for greenhouse gases. A definition for ''tpy C02equivalent emissions (C02e)" which excludes biogenic emissions through July 21, 2014, was also added to Section 3. Chapter 6, Section 4, Prevention ofsignificant deterioration, was also modified to allow for the permitting ofgreenhouse gases under the PSD program. Definitions for "Greenhouse gases (GHGs)," ·'emissions increase," and "tpy C02equivalent emissions (C02e)'" with exclusions for biogenic sources, were added to this section. Applicability thresholds forseveral different types ofpermitting scenarios were also added. Changes were made to the PSD definition of

..Major source" to avoid triggering applicability on minor sources. All changes made to Chapter 6 mirror federal requirements, but are no more stringent. A temporary phrase was inserted in Section 14, Incorporation by reference, to allow adoption by reference ofgreenhouse gas-related regulations that came after July I, 20I0. The Department ofEnvironmental Quality has not made plans at this time to assess fees for greenhouse gas emissions, as EPA does not currently collect fees for greenhouse gas emissions. The revisions to Section 4, Prevention ofsignificant deterioration, and Section 14, Incorporation by reference, involve changes to the State Implementation Plan (SIP). 5. Chapter 7, Monitoring Regulations, Section 3, Compliance assurance monitoring (CAM), was revised to bring in changes to Chapter 6, Section 3. Chapter 6, Section 3 and Chapter 7, Section 3 use the same definitions. The Council finds that these regulations are reasonable and necessary to accomplish the policy and purpose ofthe ACT, as stated in W.S. 35-11-102, and that they have been promulgated in accordance**~--ith** rulemaking provisions ofthe Wyoming Administrative Procedures Act. Dated this**-~)_ _~-.,_**  day of (), 

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2 , 2012.

Hearing Examiner Wyoming Environmental Quality Council ;: I

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INotice ofProposed Rulemaking Before The Environmental Quality Council By the Department ofEnvironmental Quality Air Quality Division (AQD) The Environmental Quality Council (EQC) will hold a public hearing beginning at 9:00AM on October 5, 2012. The hearing will be held at the Herschler Building, Conference Room B63, 122 W. 25th Street, Cheyenne, Wyoming. The Wyoming Department ofEnvironmental Quality, Air Quality Division (AQD orDivision), will be bringing two proposed rulemakings before the EQC. The first proposed rulemaking will involve revising Wyoming Air Quality Standards and Regulations (WAQSR) Chapter 1, Common Provisions, Chapter 6, Permitting Requirements, and Chapter 7, Monitoring Regulations. Modifications to these chapters incorporate language that will allow the State to permit for greenhouse gases. In addition, these changes are proposed to be consistent with the requirements established in the current Federal Implementation Plan (FIP). Chapter 1, Sections 3 and 7, and Chapter 6, Sections 4 and 14, involve changes to the State Implementation Plan (SIP) to satisfY Clean Air Act (CAA) Sections 101, 114, 116, 301 and 307(d)(7)(B). After authorized in accordance with the 2012 State ofWyoming, Enrolled Act No. 16 (Senate File 0086), the AQD will submit these SIP changes to the Environmental Protection Agency (EPA) with the goal ofreplacing the current Greenhouse Gas FIP with a SIP. The second proposed rulemaking will involve revising WAQSR Chapter 2, Ambient Standards, Chapter 3, General Emission Standards, Chapter 5, National Emission Standards, and Chapter 8, Nonattainment Area Regulations. Revisions to Chapter 2 consist ofupdating the ambient N02, S02, and ozone standards to be consistent with current federal regulations. Chapter 3, Section 4, Emission standards for sulfur oxides, is being repealed and superseded by more updated regulations. Changes to Chapter 5 involve the removal of the vacated version of40 CFR part 63, Subpart DDDDD (Boiler MACT) from Section 3. Chapter 8, Section 3, Conformity ofgeneral federal actions to state implementation plans, is being revised to maintain consistency with the federal general conformity regulations. Chapter 2, Sections 3, 4, 6 and 12, Chapter 3, Sections 4 and 9, and Chapter 8, Sections 3 and 5, involve changes to the SIP to satisfy CAA Sections 108, 109, 110 and 176. The AQD will submit these SIP changes to the EPA. The notice for submitting written comments on the WDEQ/AQD proposed revisions was first published on August I, 2012. The written comment period will close on September 17,2012. Written comments will also become a part ofthe public record ifthel are signed by the commenter and submitted to Administrator, WDEQ/AQD, Herschler Building 2-E, 122 W. 25 Street, Cheyenne, Wyoming, 82002, or faxed to 307-777-5616. Copies of the public notice and the proposed rules are available for public inspection at the Department ofEnvironmental Quality, Air Quality Division, Herschler Building, 2"d Floor, 122 W. 25th Street, Cheyenne, Wyoming. Electronic copies are available at http://dcg.statc.wv.us/aqd/index.asp and the EQC website stated below. Ifyou have questions regarding the proposed rules, contact Christine Anderson, Air Quality Division, at 307-675-5624. The WDEQ/AQD will file an analysis ofthe comments received. The EQC has scheduled the public hearing on October 5, 2012. The EQC will consider the proposed rules, written comments, and the analysis ofcomments, along with any modifications proposed by the WDEQ/AQD to the draft rules. At the public hearing, oral statements that focus on the written comments, the DEQ's analysis ofcomments and issues raised by the analysis will be accepted. Comments submitted during the comment period can be viewed at the EQC website: http://cgc.state.wy.us/docket.htm under the link titled "12-2101 and12-2102 ". Any person wishing to use a digital presentation during their testimony before the EQC must provide a digital copy to the EQC no less than 3 days prior to the hearing unless you contact the EQC and request an extension for good cause. Failure to timely submit a digital copy will result in the person not being allowed to use the presentation during their testimony. The EQC may convene a meeting to deliberate and make a decision on these rules at the end ofthe hearing. The EQC also has the option to extend the public comment period on these rules. Ifthe comment period is extended, the extension will be posted on the Air Quality website as well as the website for the Environmental Quality Council http://dcq.statc.wv .us/cqc/index.asp. In accordance with theAmericanswith DisabilitiesAct, specialassistance oralternative formats will be made available upon request for individuals with disabilities

### FORINCLUSIONIN WYOMING STATE IMPLEMENTATION PLAN FROMWYOMING AIR QUALITY STANDARDS AND REGULATIONS

PermittingRequirements CHAPTER6 Section 4. 

### Prevention ofsignificantdeterioration. (a) Definitions. For purposes ofthis section: 

### "Actualemissions" means the actual rate ofemissions ofa regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (i) through (iii) ofthis definition, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under paragraph (b)(xv) ofthis section. Instead, the definitions for "Projected actual emissions" and "Baseline actual emissions" ofthis section shall apply for those purposes. (i) In general, actual emissions as ofa particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative ofnormal source operation. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored, or combusted during the selected time period. (ii) The Division may presume that source-specific allowable emissions for the unit are equivalentto the actual emissions ofthe unit. (iii) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit on that date. 

### "Administrator"means Administrator ofthe Division ofAir Quality, Wyoming Department ofEnvironmental Quality. 

### "Allowable emissions" means the emission rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to enforceable permit conditions which limit the operating rate or hours ofoperation, or both) and the most stringent ofthe following:

6-1(i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these regulations and other new source performance standards and national emission standards for hazardous airpollutants promulgated by the EPA but not yet adopted by the State ofWyoming. (ii) Any other applicable emission limit in these regulations. (iii) The emission rate agreed to by the owner or operator as an enforceable permit condition. 

### "Baseline actualemissions"means the rate ofemissions, in tons per year, ofa regulated NSRpollutant, as determined in accordance with paragraphs (i) through (iv) of this definition. (i) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons peryear, at which the unit actually emitted the pollutant during any consecutive 24-month period selected bythe owner or operator within the 5-year period immediately preceding when the owner oroperator begins actual construction ofthe project. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) For a regulated NSRpollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. (D) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired byparagraph (i)(B) ofthis definition. (ii) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding eitherthe date the owner or operator begins actual construction ofthe project, orthe date a complete permit application is received by the Division for a Chapter 6, Section 4

6-2permit, whichever is earlier, except that the 1 0-year period shall not include any period earlierthan November 15, 1990. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period; however, ifan emission limitation is part ofa maximum achievable control technology standard that the EPA Administrator proposed or promulgated under 40 CFR 63, the baseline actual emissions need only be adjusted ifthe Division has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of40 CFR 51.165(a)(3)(ii)(G). (D) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSRpollutant. (E) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by paragraphs (ii)(B) and (C) ofthis definition. (iii) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (iv) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (i) ofthis definition, for other existing emissions units in accordance with the procedures contained in paragraph (ii) ofthis definition, and for a new emissions unit in accordance with the procedures contained in paragraph (iii) ofthis definition. 

### "Baseline area" means any intrastate area (and every part thereof) designated as attainment or unclassifiable under the Federal Clean Air Act in which a major source or major modification establishing the minor source baseline date would construct orwould

6-3have an air quality impact for the pollutant for which the baseline date is established as follows: Equal to or greater than 1 flg/m3 (annual average) for S02, N02, or PM10; or equal to or greater than 0.3 Jlg/m3 (annual average) for PM2.5• (i) The following baseline areas have been designated as separate particulate matter attainment areas under section 107 ofthe Clean Air Act: (A) The Powder River Basin Area, described as that area bounded by Township 40 through 52 North, and Range 69 through 73 West, inclusive ofthe Sixth Principal Meridian, Campbell and Converse Counties, excluding the areas defined as the Pacific Power and Light attainment area and the Hampshire Energy attainment area. (B) The Pacific Power and Light Area, described as that area bounded by the NW'/4 ofSection 27, T50N, R71W, Campbell County, Wyoming. (C) The Hampshire Energy Area, described as that area bounded by Section 6 excluding the SW'/4; Elh Section 7; Section 17 excluding the SW'/4; Section 14 excluding the SE'/4; Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 ofT48N, R70W and Section 26 excluding the NE'/4; SW'/4 Section 23; Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35 ofT49N, R70W, Campbell County, Wyoming. (D) The Kennecott-Puron Area, described as the area bounded by the WlhSW'/4 Section 18, WlhNW'/4, NW'I!SW'/4 Section 19, T47N, R70W, Slh Section 

### 13, Nlh, NlhSW'/4, NlhSE'/4 Section 24 T47N, R71W, Campbell County, Wyoming. (E) The remainder ofthe State ofWyoming. (ii) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM 10 increments. 

### "Baseline concentration"means that ambient concentration level which exists in the baseline area at the time ofthe applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: (i) The actual emissions, as defined in this section, representative of sources in existence on the applicable minor source baseline date, except as provided in paragraph (iv) ofthis definition; (ii) The allowable emissions ofmajor stationary sources which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date;

6-4(iii) Contributions due to emissions from any emitting source or modification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a) and qualified as "major" prior to August 7, 1980 only because fugitive emissions were included in determining potential to emit, (2) submitted a complete permit application under Chapter 6, Section 4(b) orthe Federal Clean Air Act priorto August 7, 1980, and (3) was in existence as ofthe minor source baseline date; (iv) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increment: (A) Actual emissions, as defined in this section, from any major stationary source on which construction commenced after the major source baseline date; and (B) Actual emissions increases and decreases, as determined in accordance with the definition for "Actual emissions" in this section, at any stationary source occurring after the minor source baseline date. 

### "Begin actualconstruction" means, in general, initiation ofphysical on-site construction activities on an emissions unit which are ofa permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofunderground pipework, and construction ofpermanent storage structures. With respect to a change in method ofoperation this term refers to those onsite activities, other than preparatory activities, which mark the initiation ofthe change. 

### "Bestavailable controltechnology"means an emission limitation (including a visible emission standard) based on the maximum degree ofreduction ofeach pollutant subject to regulation under these Standards and Regulations orregulation underthe Federal Clean Air Act, which would be emitted from orwhich results for any proposed major stationary source or major modification which the Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application or production processes and available methods, systems, and techniques, including fuel cleaning or treatment orinnovative fuel combustion techniques for control ofsuch pollutant. IftheAdministrator determines that technological or economic limitations on the application ofmeasurement methodology to a particular emissions unit would make the imposition ofan emission standard infeasible, he may instead prescribe a design, equipment, work practice or operational standard or combination thereofto satisfy the requirement ofBest Available Control Technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation ofsuch design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results. Application ofBACT shall not result in emissions in excess ofthose allowed under Chapter 5, Section 2 or Section 3 ofthese regulations and any other new source performance standard or national emission standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the State ofWyoming.

6-5

### "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reduction in air emissions ofsulfur dioxide oroxides of nitrogen associated with the utilization ofcoal in the generation ofelectricity, or process steam which was not in widespread use as ofNovember 15, 1990. 

### "Clean coaltechnology demonstrationproject" means a project using funds appropriated underthe heading "Department ofEnergy-Clean Coal Technology", up to a total amount of$2,500,000,000 for commercial demonstration ofclean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost ofthe demonstration project. 

### "Commenced", as applied to construction ofa major stationary source or major modification, means that the owner or operator has obtained a Construction Permit required by Chapter 6, Section 2 and either has (i) begun, orcaused to begin, a continuous program ofactual on-site construction ofthe source or (ii) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program ofconstruction ofthe source to be completed within a reasonable time. 

### "Complete" means, in reference to an application for a permit, that the application contains all the information necessary for processing the application. Designating an application complete for purposes ofpermit processing does not precludethe Division from requesting or accepting any additional information. 

### "Construction" means any physical change or change in the method ofoperation (including fabrication, erection, installation, demolition, ormodification ofan emissions unit) which would result in a change in emissions. 

### "Continuous emissions monitoringsystem (CEMS)" means all ofthe equipment that may be required to meet the data acquisition and availability requirements ofthis section, to sample, condition (ifapplicable), analyze, and provide a record ofemissions on a continuous basis. 

### "Continuous emissions rate monitoringsystem (CERMS)" means the total equipment required for the determination and recording ofthe pollutant mass emissions rate (in terms ofmass per unit oftime). 

### "Continuousparametermonitoringsystem (CPMS)" means all oftheequipment necessary to meet the data acquisition and availability requirements ofthis section, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow

6-6rate, 0 2 or C02 concentrations), and to record average operational parametervalue(s) on a continuous basis. 

### "Electric utility steamgenerating unit"means any steam electric generating unit that is constructed for the purpose ofsupplying more than one-third ofits potential electric output capacity and more than 25 MW electrical outputto any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose ofproviding steam to a steam-electric utility steam generatorthat would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. 

### "Emissions unit"means any part ofa stationary source that emits orwould have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in this section. For purposes ofthis section, there are two types ofemissions units as described in paragraphs (i) and (ii) ofthis definition. (i) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated. (ii) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph (i) ofthis definition. 

### "Enforceable"means all limitations and conditions which are enforceable under provisions ofthe Wyoming Environmental Quality Act and/or are federally enforceable by the Administrator ofthe EPA, including those requirements developed pursuantto 40 CFR parts 60 and 61, requirements within the State Implementation Plan, and any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.18 or 51.166. 

### "FederalLandManager" means, with respect to any lands in the United States, the Secretary ofthe Departmentwith authority over such lands. 

### "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 

### "Greenhousegases (GHGs) ", the air pollutant defined as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfurhexafluoride, shall not be subject to regulation except as provided in paragraph (iii) ofthis definition. (i) For purposes ofparagraphs (ii) and (iii) ofthis definition, the term 

### "tpy 

### C02 

### equivalent emissions (C02

### e)" shall represent an amount ofGHGs emitted, and shall be computed as follows:

6-7(A) Multiplying the mass amount ofemissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to Subpart A of40 CFR part 98--Global Warming Potentials. Table A-1 to Subpart A of40 CFR part 98 is adopted by reference from the Code ofFederal Regulations (CFR), revised and published as ofJuly 1, 2011, not including any later amendments. Copies ofthe Code ofFederal Regulations are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division ofAir Quality, 122 W. 25 1h Street, Cheyenne, Wyoming 82002. Copies ofthe CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214. (B) Sum the resultant value from paragraph (i)(A) ofthis definition for each gas to compute a tpy C02e. (C) Prior to July 21, 2014, the mass ofthe greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition ofnon-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions ofindustrial and municipal wastes, including gases and liquids recovered from the decomposition ofnon-fossilized and biodegradable organic material). (ii) The term 

### "emissions increase" as used in paragraph (iii) ofthis definition shall mean that both a significant emissions increase (as calculated using the procedures in (b)(i)(J) ofthis section) and a significant net emissions increase (as "net emissions increase" and "significant" are defined in this section) occur. Forthe pollutant GHGs, an emissions increase shall be based on tpy C02e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy C02e instead ofapplying the provisions in paragraphs (ii) or (iii) ofthe definition of"significant" in this section. (iii) The pollutant GHGs is subject to regulation ifthe stationary source is: (A) A new major stationary source for a regulated NSRpollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy C02e or more; or (B) An existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase ofa regulated NSR pollutant, and an emissions increase of75,000tpy C02e or more; or, (C) A new stationary source that will emit or have the potential to emit 100,000 tpy C02e; or

6-8(D) An existing stationary source that emits orhas the potential to emit I00,000 tpy C02e, when such stationary source undertakes a physical change or change in the method ofoperation that will result in an emissions increase of75,000 tpy C02e or more. 

### "High terrain"means any area having an elevation 900 feet or more above the base ofthe stack ofa source. 

### "Indian GoverningBody"means the governing body ofany tribe, band, or group ofIndians subjectto thejurisdiction ofthe United States and recognized bythe United States as possessing power ofself-Government. 

### "Indian Reservation"means any federally recognized reservation established by treaty, agreement, executive order, oract ofCongress. 

### "Innovative controltechnology"means any system ofair pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice or ofachieving at least comparable reductions at lower cost in terms ofenergy, economics, or non air quality environmental impacts. 

### "Lowest achievable emission rate (LAER)" means, for any source, the more stringent rate ofemissions based on the following: (i) The most stringent emissions limitation which is contained in the implementation plan ofany State for such class or category ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or (ii) The most stringent emissions limitation which is achieved in practice by such class or category ofstationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. In no event shall the application ofthe term permit a proposed new or modified stationary source to emit anypollutant in excess of the amount allowable under an applicable new source standard ofperformance. 

### "Low terrain"means any area other than high terrain. 

### "Majormodification"means any physical change in or change in the method of operation ofa major stationary source that would result in: a significant emissions increase (as defined in the definition for "Significant emissions increase" in this section) ofa regulated NSRpollutant (as defined in the definition for "Regulated NSRpollutant" in this section); and a significant net emissions increase ofthat pollutant from the major stationary source. Any significant emissions increase (as defined in the definition for

6-9"Significant emissions increase" in this section) from any emissions units or net emissions increase (as defined in the definition for "Netemissions increase" in this section) at a major stationary source that is significant for volatile organic compounds or NOx shall be considered significant for ozone. (i) A physical change or change in the method ofoperation shall not include: (A) Routine maintenance, repair and replacement. (B) Use ofan alternative fuel by reason ofan order under section 125 ofthe Federal Clean Air Act; (C) An increase in the hours ofoperation or in the production rate, ifsuch increase does not exceed the operating design capacity ofthemajor stationary source unless such change would be prohibited by, or inconsistent with, an enforceable permit issued by the Division; (D) Use ofan alternative fuel or raw material byreason ofan order in effect under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), orbyreason ofa natural gas curtailment plan in effect pursuantto the Federal PowerAct; (E) Use ofan alternative fuel orraw material, ifpriorto January 6, 1975, the source was capable ofaccommodating such fuel or material unless such change would be prohibited by, or inconsistent with, an enforceable permit issued bythe Division, or ifthe source is approved to use such fuel ormaterial through an enforceable permit issued under these regulations; (F) Change in ownership ofthe stationary source; (G) The use ofmunicipal solid waste as an alternative fuel at a steam generating plant; (H) The installation, operation, cessation or removal ofa temporary clean coal technology demonstration project, provided that the project complies with: (I) The Wyoming State Implementation Plan, and (II) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. (I) The installation oroperation ofa permanent clean coal technology demonstration projectthat constitutes repowering, provided that the project

6-10does not result in an increase in the potential to emit ofany regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis. (J) The reactivation ofa very clean coal-fired electric utility steam generating unit. (ii) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under paragraph (b)(xv) ofthis section for a PAL for that pollutant. Instead, the definition in paragraph (b)(xv)(B) for "PAL major modification" ofthis section shall apply. 

### "Majorsource baseline date" means: (i) In the case ofPM 10 and sulfur dioxide, January 6, 1975; and (ii) In the case ofnitrogen dioxide, February 8, 1988. (iii) 

### In the case ofPM2.5, October 20, 2010. 

### "Majorstationary source"means (a) any ofthe following stationary sources of air pollutants which emit, or have the potential to emit, one hundred tons per year or more ofany air pollutant for which standards are established under these Standards and Regulations or under the Federal Clean Air Act, except for sources ofGHGs addressed separately under (e) ofthis definition: fossil fuel-fired steam electric plants ofmore than two hundred and fifty million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable ofcharging more than two hundred and fifty tons ofrefuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil fuel boilers (or combinations thereof) ofmore than two hundred and fifty million British thermal units per hourheat input, petroleum storage and transfer plants with a capacity exceedingthree hundred thousand barrels, taconite ore processing plants, glass fiber processing plants, charcoal production plants. (b) Such term also includes any stationary source which emits, or has the potential to emit, two hundred and fifty tons per year or more ofany air pollutant for which standards are established under these Standards and Regulations or under the Federal Clean Air Act, except for sources ofGHGs addressed separately under (e) ofthisdefinition. (c) Such term also includes any physical change that would occur at a stationary source not otherwise qualifying under this definition ifthe change would constitute a major stationary source by itself. (d) A major source which is major for

6-11volatile organic compounds orNOx is considered to be major for ozone. (e) Such term also includes any source ofgreenhouse gases as defined in Chapter 6, Section 4(a), but only if: the greenhouse gases are subject to regulation under subsection (iii) ofthat definition, and the source's potential to emit greenhouse gases exceeds 100 tpy on a mass basis iflisted under (a) ofthis definition of"Major stationary source" or 250 tpy on a mass basis iflisted under (b) ofthis definition of"Major stationary source." 

### "Minorsource baselinedate" means the earliest date after August 7, 1977 for PM 10 and sulfur dioxide, and after February 8, 1988 for nitrogen oxides, and after October 20, 2011 for PM2.5 on which a major stationary source ormajor modification submits a complete permit application under Chapter 6, Section 4(b) or underthe Federal Clean Air Act. (i) The minor source baseline date for sulfur dioxide for the State of Wyoming is February 2, 1978. (ii) The minor source baseline date for nitrogen oxides for the State of Wyoming is February 26, 1988. (iii) The minor source baseline date for PM 10 is as follows: (A) Forthe Powder River Basin Area- March 6, 1997; (B) Forthe Pacific Power and Light Area- June 18 1980; (C) Forthe Hampshire Energy Area- September 30, 1982; (D) Forthe Kennecott-Puron Area- February 27, 1995; (E) Forthe rest ofthe State ofWyoming- February 22, 1979. (iv) The baseline date is established for each pollutant for which increments or other equivalent measures have been established, if: (A) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under the Federal Clean AirAct for the pollutant on the date ofits complete application; and (B) In the case ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant. (v) The baseline date is not established by the permit application for an emitting source ormodification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a), (2) qualified as "major" prior to

6-12August 7, 1980 only because fugitive emissions were included in determining potential to emit, and (3) submitted a complete permit application under Chapter 6, Section 4(b) or the Federal Clean AirAct prior to August 7, 1980. (vi) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM10 increments. 

### "Net emissions increase" means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum ofthe following exceeds zero: (i) The increase in emissions from a particular physical change orchange in the method ofoperation at a stationary source as calculated pursuant to paragraph (b)(i)(J) ofthis section; (ii) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph (ii) shall be determined as provided in the definition for "Baseline actual emissions", except that paragraphs (i)(C) and (ii)(D) ofthe definition for "Baseline actual emissions" shall not apply. (iii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs between: (A) The date five years before construction on the particular change commences; and (B) The date that the increase from the particular change occurs. (iv) An increase or decrease in actual emissions is creditable only if: (A) The Division has not relied on it in issuing a Chapter 6, Section 4 permit for the source, which is in effect when the increase in actual emissions from the particular change occurs. (v) An increase or decrease in actual emissions ofsulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculating the amount ofmaximum allowable increases remaining available. (vi) An increase in actual emissions is creditable onlyto the extent that the new. level ofactual emissions exceeds the old level.

6-13(vii) A decrease in actual emissions is creditable onlyto the extentthat: (A) The old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (B) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins; (C) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and (viii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particularpollutant. Anyreplacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (ix) The definition of"Actual emissions" ofthis section, shall not apply for determining creditable increases and decreases. 

### "Potential to emit"means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions on hours ofoperation orthe type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitation or the affect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. 

### "Predictive emissionsmonitoringsystem (PEMS)" means all ofthe equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 

### 0 2 or

### C02 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 

### "Project" means a physical change in, orchange in method ofoperation of, an existing major stationary source. 

### "Projectedactualemissions"means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSRpollutant in any one ofthe 5 years (12-month period) following the date the unit resumes regular operation afterthe project, or in any one ofthe 10 years following that date, ifthe project involves increasing the emissions unit's design capacity or its potential to emitthat regulated NSRpollutant, and full utilization ofthe unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source.

6-14(i) In determining the projected actual emissions under the above paragraph ofthis section (before beginning actual construction), the owner or operator of the major stationary source: (A) Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections ofbusiness activity, the company's filings with the State or Federal regulatory authorities, and compliance plans approved bythe Division; (B) Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; (C) Shall exclude, in calculating any increase in emissions that results from the particular project, that portion ofthe unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under the definition for "Baseline actual emissions" ofthis section and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or, (D) In lieu ofusing the method set out in paragraphs (i)(A) through (C) ofthis definition, may electto use the emissions unit's potential to emit, in tons per year, as defined under the definition of"Potential to emit" ofthis section. 

### "Reactivation of a very clean coal-firedelectric utility steamgenerating unit" means any physical change or change in the method ofoperation associated with the commencement ofcommercial operations by a coal-fired utility unit after a period of discontinued operation where the unit: (i) Has not been in operation for the two-year period priorto the enactment ofthe Clean AirAct Amendments of 1990, and the emissions from such unit continue to be carried in the State ofWyoming's emissions inventory at the time of enactment; (ii) Was equipped prior to shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide ofno less than 85 percent and a removal efficiency for particulates ofnot less than 98 percent; (iii) Is equipped with low-NOx burners prior to the time of commencement ofoperations following reactivation; and (iv) Is otherwise in compliance with the requirements ofthe Clean Air Act. 

### "RegulatedNSRpollutant", for purposes ofthis section, means the following:

6-15(i) Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this paragraph as a constituent or precursor to such pollutant. Precursors identified bythe EPA Administrator for purposes ofNSR are the following: (A) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas. (B) Sulfur dioxide is a precursor to PM2

.5 in all attainment and unclassifiable areas. (C) Nitrogen oxides are presumed to be precursors to PM2

.5 in all attainment and unclassifiable areas, unless the State demonstrates to the EPA Administrator's satisfaction orEPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not a significant contributorto that area's ambient PM2

.5 concentrations. (D) Volatile organic compounds are presumed notto be precursors to PM25 in any attainment or unclassifiable area, unless the State demonstrates to the EPA Administrator's satisfaction or EPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributorto that area's ambient PM2.s concentrations. (ii) Any pollutantthat is subject to any standard promulgated under section 111 ofthe Federal Clean Air Act; (iii) Any Class I or II substance subject to a standard promulgated under or established byTitle VI ofthe Federal Clean Air Act; (iv) Any pollutantthat otherwise is subject to regulation under the Federal Clean Air Act; exceptthat any or all hazardous air pollutants either listed in section 112 ofthe Federal Clean Air Act or added tothe list pursuant to section 112(b)(2) ofthe Federal Clean Air Act, which have not been delisted pursuant to section 112(b)(3) ofthe Federal Clean Air Act, are not regulated NSRpollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor ofa general pollutant listed under section 108 ofthe Federal Clean Air Act. (v) [Reserved.] (vi) Particulate matter (PM) emissions, PM2

.5 emissions, and PM 10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On orafter January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2

.5 and PM 10 in PSD permits. Compliance with emissions limitations for PM, PM2

.5 and PM10 issued prior to this date

6-16shall not be based on condensable particulate matter unless required by the terms and conditions ofthe permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation ofthis section unless the applicable implementation plan required condensable particulate matterto be included. 

### ''Replacement unit" means an emissions unit for which all the criteria listed in this section are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (i) The emissions unit is a reconstructed unit within the meaning of 40 CFR part 60.15(b)(I), or the emissions unit completelytakes the place ofan existing emissions unit.(ii) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (iii) The replacement does not change the basic design parameter(s) (as discussed in 40 CFR part 51.166(y)(2)) ofthe process unit. (iv) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. Ifthe replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

### "Repowering" means replacement ofan existing coal-fired boiler with one ofthe following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as determined bythe Administrator of EPA, in consultation with the Secretary ofEnergy, a derivative ofone or more ofthese technologies, and any othertechnology capable ofcontrolling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance oftechnology in widespread commercial use as ofNovember 15, 1990. (i) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as ofJanuary I, 1991, by the Department ofEnergy. (ii) The Administrator shall give expedited consideration to permit applications for any source that satisfies the requirements ofthis subsection and is granted an extension under section 409 ofthe Clean Air Act. 

### "Secondary emissions" means emissions which occur as a result ofthe construction or operation ofa major stationary source or major modification, but do not

6-17come from the major stationary source or major modification itself. Forthe purposes of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result ofthe construction or modification ofthe major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofa motor vehicle or from a train. "Significant" means: (i) In reference to a net emissions increase orthe potential ofa source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed any ofthe following rates: POLLUTANTAND EMISSIONS RATE Carbon monoxide: Nitrogen oxides: Sulfur dioxide: Particulate matter:

Ozone: Lead: Fluorides: Sulfuric acid mist: Hydrogen sulfide (H2 S): Total reduced sulfur (including H2 S): Reduced sulfur compounds (including H2 S): Municipal waste combustor organics (measured as total tetra- through acta-chlorinated dibenzo-p-dioxins and dibenzofurans): Municipal waste combustor metals (measured as particulate matter):

6-18 100 tons per year (tpy) 40 tpy 40 tpy 25 tpy ofparticulate matter emissions; 15 tpy ofPM10 emissions 10 tpy ofdirect PM2

.5 emissions; 40 tpy ofsulfur dioxide emissions; 40 tpy ofnitrogen oxide emissions unless demonstrated notto be a PM2.s precursor under the definition of"Regulated NSRpollutant" in Section 4(a) ofthis chapter 40 tpy ofvolatile organic compounds ornitrogen oxides 0.6 tpy 3 tpy 7tpy 10 tpy 10 tpy 10 tpy

3.2 x 10-6 megagrams per year (3.5 x 10-6 tons per year) 14 megagrams per year (15 tons per year)Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride):36 megagrams per year (40 tons per year) Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year) (ii) "Significant" means, in reference to a net emissions increase or the potential ofa source to emit a pollutant subject to these regulations and regulations under the Clean Air Act, that paragraph (i) above does not list, any emissions rate. (iii) Notwithstanding paragraph (i) above, "significant" means any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 10 kilometers ofa Class I Area, and have an impact on such area equal to or greaterthan I J..lg/m3 (24-hour average). 

### "Significantemissions increase" means, for a regulated NSRpollutant, an increase in emissions that is significant (as defined in paragraph (i) ofthe definition of "Significant" in this section) for that pollutant. 

### "Stationary source"means any structure, building, facility, equipment, installation or operation (or combination thereof) which emits or may emit any air pollutant subject to these regulations orregulations under the Federal Clean Air Act. 

### "Structure, building, facility, equipment, installation, oroperation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control ofthe same person (or persons under common control) except the activities ofanyvessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same Major Group (i.e., which have the same two-digit code) as described in the StandardIndustrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005- 00176-0, respectively). 

### "Temporary clean coaltechnology demonstrationproject"means a clean coal technology demonstration project that is operated for a period of5 years or less, and which complies with the Wyoming State Implementation Plan and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. 

### "Volatile organic compounds (VOCs)" is defined in Chapter 3, Section 6(a) of these regulations.

6-19(b) Any person who plans to construct any major stationary source orundertake a major modification ofan existing stationary source shall be subject to the conditions outlined below. (i) (A) (I) The review ofthe stationary source for the construction or modification permit(s) required under Chapter 6, Section 2 ofthese regulations shall apply and shall be expanded so as to include analysis ofthe predicted impact ofthe allowable and secondary emissions from the stationary source on the ambient air quality in areas affected by such emissions. An analysis ofthe predicted impact ofemissions from the stationary source is required for all pollutants for which standards have been established under these regulations or under the Federal Clean AirAct and which are emitted in significant amounts. An analysis ofthe impact ofother pollutants may be required bythe Administrator. Such analysis shall identify and quantify the impact on the air quality in the area ofall emissions not included in the baseline concentrations including, but not limited to, those emissions resulting from the instant application and all other permits issued in the area. The purpose ofthis analysis is to determine the total deterioration ofair quality from the baseline concentrations; however, projections of deterioration due to general non-stationary source growth in the area predicted to occur after the date ofapplication is not required. A permitto construct pursuant to Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are complied with and ifthe predicted impact (over and above the baseline concentration) ofemissions defined above is less than the maximum allowable increment shown in Table 1for the classification ofthe area in which the impact is predicted, and ifthe ambient standard for the pollutant(s) is not exceeded. Table 1 Maximum Allowable Increments ofDeterioration

- J.tg/m3

Pollutant Particulate Matter: PM2

.5, annual arithmetic mean PM2.s, 24-hrmaximum PM 10, annual arithmetic mean PM10, 24-hour maximum Sulfur Dioxide: Annual arithmetic mean 24-hour maximum* 3-hourmaximum* Nitrogen Dioxide Annual arithmetic mean Class I

1 2 4 8

2 

### 5 

### 25

2.5 Class II

4 9 17 30

20 91 

### 512

25 *Maximum allowable increment may be exceeded once per year at any receptor site.

6-20(1.) Forpurposes ofPM25, the demonstration required in paragraph (b)(i)(A)(I) ofthis section is deemed to have been made ifthe emissions increase from the new stationary source alone or from the modification alone would cause, in all areas, air quality impacts less than the amounts specified in Table 2.

Pollutant PM2.s Table 2 PM2.s Significant Impact Levels Averaging Time Annual 24-hour Class I 0.06 

### Jlg/m3 0.07 

### Jlg/m3 Class II

(II) Notwithstanding the provisions ofparagraph (b)(i)(A)(I) above, the following concentrations shall be excluded in determining compliance with maximum allowable increases: (I.) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use ofpetroleum products, natural gas, or both by reason of

### an order in effect under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) overthe emissions from such sources before the effective date ofsuch an order. No such exclusion shall apply for more than five years after the later ofsuch effective dates; (2.) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason ofnatural gas curtailment plan in effect pursuant to the Federal PowerAct over the emissions from such sources before the effective date ofsuch plan. No such exclusion shall apply for more than 

### 5 years after the later ofsuch effective date; (3.) Concentrations ofparticulate matter attributable to the increase in emissions from construction or othertemporary emission-related activities ofnew ormodified sources; (4.) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentrations; and (5.) Concentrations attributable to the temporary increase in emissions ofsulfur dioxide, particulate matter, or nitrogen oxides from stationary sources as specified below.

a. The temporary emissions do not occur for more than 2 years.

6-21b. The 2-yeartime period is not renewable.

c. Such temporary emissions are not eligible for exclusion ifthey would impact a Class I Area or an area where the applicable increment is known to be violated or an area where they would cause or contribute to a violation ofthe applicable ambient air quality standard. d. At the end ofthe temporary emission time frame, emissions from the stationary source causing these temporary emissions shall not exceed those levels occurring at such source prior to suchtemporary emission. (B) In addition to the analyses required under Chapter 6, Section 4(b)(i)(A) above, (I) The owner or operator shall provide an analysis ofthe impairment to visibility, soils and vegetation that would occur as a result ofthe source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value. (II) The owner or operator shall provide an analysis ofthe air quality impact projected for the area as a result ofgeneral commercial, residential, industrial and other growth associated with the source ormodification. (C) Therequirements for demonstration ofcompliance with applicable increments ofChapter 6, Section 4(b)(i)(A)(I), the additional analysis requirements ofChapter 6, Section 4(b)(i)(B) and the ambient air quality analysis requirements ofChapter 6, Section 4(b)(i)(E) shall not apply to a proposed major stationary source or modification with respect to a particularpollutant ifthe Administrator determines that: (I) The increase in allowable emissions ofthat pollutant from the stationary source orthe net emissions increase ofthat pollutant from a modification would be temporary and would impact no Class I Area and no area where an applicable increment is known to be violated; or (II) The stationary source was in existence on March 1, 1978, and thatthe maximum allowable emission increases only impact Class II Areas, and that after application ofBACT, the increase in allowable emissions ofeach pollutant would be less than 50 tons per year. (D) Fugitive emissions, to the extent quantifiable, will be considered in calculating the potential to emit ofthe stationary source or modification only for:

6-22(I) Sources listed in Chapter 6, Section 4(a) under the definition of"Major stationary source", item (a). (II) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 ofthe Clean AirAct. (III) And such other sources as the Environmental Quality Council may later determine. (E) An application subject to this section shall contain an analysis ofambient air quality in the area that would be affected by the stationary source or modification as required below: (I) For each pollutantthat the source would have the potential to emit in a significant amount. (II) For the modification, each pollutant for which it would result in a significant net emissions increase. (III) Forpollutants for which National Ambient Air Quality Standards have been established, the analysis shall contain continuous air quality monitoring data gathered for purposes ofdetermining whether emissions ofthat pollutant would cause or contribute to a violation ofthe standard or any maximum allowable increase. (IV) In general, the required continuous air quality monitoring data shall have been gathered over a period ofone year immediately preceding receipt ofthe application. The Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorterthan one year. (V) All monitoring conducted pursuant to the requirements ofthis section shall meet the requirements ofAppendix B of40 CFR part 58. (VI) The requirements for pre-construction monitoring specified above and under Chapter 6, Section 2(b) with respect to monitoring for a particularpollutant may be waived by the Administrator upon petition from an applicant if: (1.) The emissions increase ofthe pollutant from a new stationary source or the net emissions increase ofthe pollutant from a modification would cause, in any area, air quality impacts less than the following amounts:

6-23a. Carbon Monoxide

- 575 11g/m3

, 8-hour average; b. Nitrogen Dioxide

- 14 11g/m3

, annual average;

c. PM2

.5 - 4 11g/m3

, 24-hour average; d. PM 10 - 10 11g/m3 ofPM10, 24-hour average;

e. Sulfur Dioxide- 13 11g/m3

, 24-hour average; f. Ozone (No de minimis air quality level is provided for ozone; however, any net emissions increase of 100 tons per year ormore of volatile organic compounds or nitrogen oxides subjectto PSD would be required to perform an ambient impact analysis, including the gathering ofair quality data.)

g. Lead- 0.1 11g/m3

, 3-month average; h. Fluorides- 0.25 11g/m3

, 24-hour average; i. Total Reduced Sulfur

- 10 11g/m3

, 1-hour average; j. Hydrogen Sulfide- 0.2 11g/m3

, 1-hour average; k. Reduced Sulfur Compounds- 10 11g/m3

, 1-hour average; or (2.) The concentrations ofthe pollutant in the area that the source ormodification would affect are less than the concentrations listed in paragraph (b)(i)(E)(VI)(1.) ofthis section; or (3.) Thepollutant is not listed in paragraph (b)(i)(E)(VI)(l.) ofthis section. (F) The Administrator may require an applicant subjectto the provisions ofthis section to conduct an approved visibility monitoring program in any Class IArea which may be impacted by emissions from the proposed stationary source. (G) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue ofa relaxation in any

6-24enforceable limitation which was established after August 7, 1980 on the capacity ofthe source or modification otherwise to emit a pollutant, then all ofthe provisions ofChapter 6, Sections 2 and 4 shall apply to the source ormodification as though construction had not yet commenced on the source or modification. (H) The following specific provisions apply to projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where the owner or operator elects to use the method specified in paragraphs (i)(A) through (C) ofthe definition for "Projected actual emissions" for calculating projected actual emissions. (I) Before beginning actual construction ofthe project, the owner or operator shall document and maintain a record ofthe following information: (1.) A description ofthe project; (2.) Identification ofthe emissions unit(s) whose emissions ofa regulated NSRpollutant could be affected bythe project; and (3.) A description ofthe applicability test used to determine that the project is not a major modification for any regulated NSRpollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (i)(C) ofthe definition for "Projected actual emissions" in Section 4(a) and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. (II) Before beginning actual construction, the owner or operator shall provide the information set out in paragraph (b)(i)(H)(I) ofthis section to the Division as a Chapter 6, Section 2 permit application. (III) The owner or operator shall monitorthe emissions of any regulated NSRpollutant that could increase as a result ofthe project and that is emitted by any emissions unit identified in paragraph (b)(i)(H)(I)(2.) ofthis section; and calculate and maintain a record ofthe annual emissions, in tons per year on a calendar year basis, for a period of5 years following resumption ofregular operations after the change, or for a period of 10 years following resumption ofregular operations after the change ifthe project increases the design capacity or potential to emit ofthat regulated NSR pollutant at such emissions unit. (IV) The owner or operator shall submit a report to the Division within 60 days after the end ofeach year during which records must be generated under paragraph (b)(i)(H)(III) ofthis section setting out the unit's annual emissions during the calendar yearthat preceded submission ofthe report.

6-25(I) The owner or operator ofthe source shall make the information required to be documented and maintained pursuant to paragraph (b)(i)(H) ofthis section available for review upon request for inspection bythe Division orthe general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). (J) (I) Except as otherwise provided in paragraph (b)(xv) of this section, and consistent with the definition of"Majormodification" contained in Section 4(a), a project is a majormodification for a regulated NSRpollutant ifit causes two types ofemissions increases- a significant emissions increase (as defined in the definition for "Significant emissions increase" in Section 4(a)), and a significant net emissions increase (as defined in the definitions for "Net emissions increase" and "Significant" in Section 4(a)). The project is not a major modification ifit does not cause a significant emissions increase. Ifthe project causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase. (II) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step ofthe process) will occur depends upon the type ofemissions units being modified, according to paragraphs (b)(i)(J)(III) through (V) ofthis section. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step ofthe process) is contained in the definition for "Netemissions increase" in Section 4(a). Regardless ofany such preconstruction projections, a major modification results ifthe project causes a significant emissions increase and a significant net emissions increase. (III) Actual-to-Projected-Actual ApplicabilityTest For Projects That Only Involve Existing Emissions Units. A significant emissions increase of a regulated NSRpollutant is projected to occur ifthe sum ofthe difference between the projected actual emissions (as defined in the definition for "Projected actual emissions" in Section 4(a)) and the baseline actual emissions (as defined in paragraphs (i) and (ii) in the definition of"Baseline actual emissions" in Section 4(a)) for each existing emissions unit, equals or exceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)). (IV) Actual-to-Potential Test For Projects That Only Involve Construction ofa New Emissions Unit(s). A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe difference betweenthe potential to emit (as defined in the definition for "Potential to emit" in Section 4(a)) from each new emissions unit following completion ofthe project and the baseline actual emissions (as defined in paragraph (iii) for the definition of"Baseline actual emissions" in Section 4(a)) ofthese units before the project equals or exceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)).

6-26(V) Hybrid Test ForProjects That Involve Multiple Types ofEmissions Units. A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified in paragraphs (b)(i)(J)(III) and (IV) ofthis section as applicable with respect to each emissions unit, for each type ofemissions unit equals or exceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)). (ii) (A) The required permit shall not be issued unless the proposed major stationary source or major modification would meet an emission limit(s) or equipment standard(s) specified by the Administrator to represent the application ofBest Available Control Technology for each pollutant regulated under these Standards and Regulations and under the Federal Clean Air Act and having the potential to emit in significant amounts. For phased construction projects, the determination ofBACT shall be reviewed and modified as appropriate at the latest, most reasonable time no later than 18 months prior to commencement ofeach phase ofthe proposed project. At such time, the owner or operator ofthe applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbest available control technology for the stationary source. (B) In the case ofa major modification, the requirements for Best Available Control Technology shall apply only to each new or modified emissions unit at which a net emissions increase ofthe pollutant would occur. (C) (I) The applicant for a permit for a source subjectto this section may petition the Administrator to approve a system ofinnovative control technology. (II) The Administrator, with the approval ofthe govemor(s) ofother affected state(s) may approve the employment ofa system of innovative control technology if: (1.) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; (2.) The owner or operator agrees to achieve a level ofcontinuous emissions reduction equivalent to that which would have been required under paragraphs (ii)(A) and (B) above by a date specified bythe Administrator. Such date shall not be later than 4 years from the time ofstartup or 7 years from permit issuance. (3.) The major stationary source or major modification would meet the requirements equivalent to those in paragraphs (b)(i)(A)(I), (b)(ii)(A), and (b)(ii)(B) above based on the emission rate that the stationary source

6-27employing the system ofinnovative control technology would be required to meet on the date specified bythe Administrator. (4.) The source ormodification would not before the date specified bythe Administrator:

a. Cause or contribute to any violation ofan applicable National Ambient Air Quality Standard, or b. Impact any Class I Area, or

c. Impact any area where an applicable increment is known to be violated. (5.) All other applicable requirements including those for public participation have been met. (III) The approval to employ a system ofinnovative control technology shall be withdrawn bythe Administrator if: (1.) The proposed system fails bythe specified date to achieve the required continuous emissions reduction rate, or (2.) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety, or (3.) The Administrator decides at anytime that the proposed system is unlikely to achieve the required level ofcontrol or to protect the public health, welfare, or safety. (IV) Ifthe source or modification fails to meetthe required level ofcontinuous emissions reduction within the specified time period or ifthe approval is withdrawn in accordance with (III) above, the Administrator may allow the source or modification up to an additional three years to meet the requirement for the application ofBACTthrough use ofa demonstrated system ofcontrol. (iii) Temporary particulate matter emissions such as those associated with the construction phase ofthe source shall not be included in the determination on the issuance or denial ofa required permit and shall not be taken into account when determining compliance with the maximum allowable increments in Table 1; however, Best Available Control Technology shall be applied to abate such temporary emission. (iv) All applications ofair quality modeling required under paragraph (b)(i) above shall be based on the applicable models, databases, and other requirements specified in Appendix W of40 CFR part 51 (Guideline on Air Quality Models). Where

6-28an air quality model specified in Appendix W of40 CFRpart 51 (Guideline on Air Quality Models) is inappropriate, the model may be modified oranother model substituted. Such a modification or substitution ofa model maybe made on a case-bycase basis or, where appropriate, on a generic basis for a specific State ofWyoming program. Written approval ofthe EPA Administrator must be obtained for any modification or substitution. In addition, use ofa modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in Chapter 6, Section 2(g). (v) In any case where the federal official charged with direct responsibility for management ofany lands within a Class I Area, orthe Administrator of EPA or the governor ofan adjacent state containing such a Class I Area, files a notice alleging that emissions from a proposed source or major modification may cause or contribute to a change in the air quality in such area and identifying the potential adverse impact ofsuch change, a permit shall not be issued unless the owner or operator ofsuch source demonstrates to the satisfaction ofthe Administrator that emissions ofparticulate matter, sulfur dioxide, and nitrogen oxides will not cause or contribute to concentrations which exceed the maximum allowable increases for the Class I Area in question. (vi) (A) In any case where a Federal Land Manager demonstrates to the satisfaction ofthe Administratorthat the emissions from such source will have an adverse impact on the air quality-related values (including visibility) ofsuch Class I Areas, notwithstanding the fact that the change in air quality resulting from emissions from such source will not cause or contribute to concentrations which exceed the maximum allowable increases for Class I Areas, a permit shall not be issued. (B) However, in the case where the Federal Land Manager provides to the Division at least 30 days prior to the Public Notice issued pursuant to Chapter 6, Section 2(m) ofthese regulations, an analysis ofthe impact ofthe emissions on visibility in a Federal Class I Area, the Division must consider such analysis in making its proposed decision. Ifthe Federal Land Manager's analysis concludes that an adverse impact on visibility in the Federal Class I Area will occur butthe Administrator determines that the analysis does not demonstrate to his satisfaction that such an adverse impact on visibility will occur, the Administrator shall in the Public Notice issued pursuant to the requirements ofChapter 6, Section 2(m), explain his decision or give notice as to where the explanation can be obtained. (vii) In any case where the owner or operator ofsuch source demonstrates to the satisfaction ofthe Federal Land Manager, and the Federal Land Manager so certifies, that the emissions from such source will have no adverse impact on the air quality-related values ofsuch Class I Areas (including visibility) notwithstanding the fact that the change in air quality resulting from emissions from such source will cause or contribute to concentrations which exceed the maximum allowable increases for Class I Areas, the Administrator may issue a permit.

6-29 I 

# I I 

# I 

# I 

# I I 

# I f 

## I 

# I

r 

# t f t 

# l

?(viii) In the case ofa permit issued pursuantto subsection (vii), such source shall complywith such emission limitation under such permit as may be necessary to assure that emissions ofsulfur oxides, particulate matter, and nitrogen oxides from such source, will not cause or contribute to concentrations ofsuch pollutant which exceeds the following maximum allowable increases overthe baseline concentration for such pollutants:

Particulate matter: PM2

.5, annual arithmetic mean PM2.s, 24-hr maximum PM 10, annual arithmetic mean PM 10, 24-hour maximum Sulfur dioxide: Annual arithmetic mean Twenty-four-hourmaximum Three-hourmaximum Nitrogen dioxide: Annual arithmetic mean Maximum Allowable Increase (micrograms per cubic meter)

4 9 17 30 

### 20 91 325

25 (ix) (A) In any case where the owner or operator ofa proposed major stationary source or major modification who has been denied a certification under subparagraph (vii) demonstrates to the satisfaction ofthe Governor ofWyoming (hereinafter the Governor), after notice and public hearing, and the Governor finds, that the source cannot be constructed byreason ofany maximum allowable increases for sulfur dioxide for periods oftwenty-four hours or less applicable to any Class I Area and, in the case offederal Mandatory Class I Areas, that a variance underthis clause will not adversely affect the air quality related values ofthe area (including visibility), the Governor, after consideration ofthe Federal Land Manager'srecommendation (ifany) and subject to his concurrence, may grant a variance from such maximum allowable increase. Ifa variance is granted, a permit may be issued to such source pursuantto the requirements ofthis subparagraph provided other requirements ofthis section are met. (B) In the case ofa permit issued pursuant to subparagraph (ix)(A), such source shall complywith such emission limitations under such permit as may be necessary to assure that emissions ofsulfur oxides from such source will not (during any day on whichthe otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which exceed the following maximum allowable increases for such areas overthe baseline concentration for such pollutant and to assure that such emissions will not cause or contributeto concentrations which exceed the otherwise applicable maximum allowable increases for periods ofexposure of24 hours or less on more than 18 days during any annual period.

6-30Period ofexposure: Lowterrain areas: 24-hr maximum 3-hr maximum High terrain areas: 24-hr. maximum 3-hr maximum Maximum Allowable Increase (micrograms per cubic meter)

36 130



### 62 221 (x) Notwithstanding other requirements ofthis section, a portable source which is a major stationary source and which has otherwise received a construction permit under Chapter 6, Sections 2 and 4 shall not be required to obtain additional relocation permits under this section if: (A) Emissions from the source would not exceed allowable emissions; and (B) Such relocation would impact no Class I Area and no area where an applicable increment is known to be violated; and (C) Notice is given to the Division at least 10 days priorto such relocation identifying the proposed new location and the probable duration ofoperation at such location; and (D) Emissions at the new location will be temporary. (xi) After a final decision is made on an application for a source subject to this section, the final decision will be transmitted in writing to the applicant and the final decision and all comments received bythe Division during the public commentperiod will be made available for public inspection in the same location where the application and analysis was posted. A copy ofeach permit application for each source or modification subject to this section and impacting a Federal Class I Area will be transmitted to EPA. EPA will be provided with notice ofeach action taken bythe Division on such application. (xii) [Reserved.] (xiii) [Reserved.] (xiv) [Reserved.] (xv) Actuals Plantwide Applicability Limitations (PALs). (A) Applicability.

6-31(I) The Division may approve the use ofan actuals PAL for any existing major stationary source ifthe PAL meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section. The term "PAL" shall mean "actuals PAL" throughout paragraph (b)(xv) ofthis section. (II) Any physical change in or change in the method of operation ofa major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section, and complies with the PAL permit: (1.) Is not a major modification for the PAL pollutant; (2.) Does not have to be approved through a Chapter 6, Section 4 permit; and (3.) Is not subject to the provisions in paragraph (b)(i)(G) ofthis section (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability ofChapter 6, Section 4). (III) Except as provided under paragraph (b)(xv)(A)(II)(3.) ofthis section, a major stationary source shall continue to comply with all applicable Federal or State ofWyoming requirements, emission limitations, and work practice requirements that were established prior to the effective date ofthe PAL. (B) Definitions. The following definitions shall be used for actuals PALs consistent with paragraphs (b)(xv)(A) through (0) ofthis section. When a term is not defined in these paragraphs, it shall have the meaning given in Section 4(a) of this section orin the Clean AirAct. 

### "ActualsPAL for amajorstationary source"means a PAL based on the baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofall emissions units (as defined in the definition for "Source" in Section 4(a)) at the source, that emit orhave the potential to emit the PAL pollutant. 

### ''Allowable emissions" has the same meaning as in the definition for "Allowable emissions" in Section 4(a), except as this definition is modified according to paragraphs (i) and (ii) ofthis definition. (i) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.

6-32(ii) An emissions unit's potential to emit shall be determined using the definition of"Potential to emit" in Section 4(a), exceptthat the words "orenforceable as a practical matter" should be added after "enforceable". 

### ''Major emissions unit"means: (i) Any emissions unit that emits orhas the potential to emit 100 tons per year or more ofthe PAL pollutant in an attainment area; or (ii) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amountthat is equal to or greater than the major source threshold for the PAL pollutant as defined bythe Clean AirAct for nonattainment areas. (For example, in accordance with the definition ofmajor stationary source in section 182(c) ofthe Clean Air Act, an emissions unit would be a major emissions unit for VOC ifthe emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons ofVOC per year.) 

### "PAL effective date" generally means the date ofissuance ofthe PAL permit; however, the PAL effective date for an increased PAL is the date any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutant. 

### "PAL effectiveperiod" means the period beginning with the PAL effective date and ending 10 years later. 

### "PAL majormodification" means, notwithstanding the definitions for "Major modification" and "Net emissions increase" ofSection 4(a), any physical change in or change in the method ofoperation ofthe PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

### "PALpermit"means the Chapter 6, Section 2 or Section 4 permit issued by the Division that establishes a PAL for a major stationary source. 

### "PALpollutant"means the pollutant for which a PAL is established at a major stationary source. 

### "Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs (b)(xv)(A) through (0) ofthis section. 

### "Significantemissions unit"means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in the definition for "Significant" in Section 4(a) or in the Clean AirAct, whichever is lower) for that PAL pollutant, but less than the amount that

6-33would qualify the unit as a major emissions unit as defined in paragraph (b)(xv)(B) for the definition of"Majoremissions unit" ofthis section. 

### "Smallemissions unit"means an emissions unit that emits or has the potential to emitthe PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in the definition for "Significant" in Section 4(a) or in the Clean Air Act, whichever is lower. (C) Permit Application Requirements. As part ofa permit application requesting a PAL, the owner oroperator ofa major stationary source shall submit the following information in paragraphs (b)(xv)(C)(I) through (III) ofthis section to the Division for approval. (I) A List ofAll Emissions Units at the Source Designated as Small, Significant or Major Based on Their Potential to Emit. In addition, the owner or operator ofthe source shall indicate which, ifany, Federal or State ofWyoming applicable requirements, emission limitations, or work practices apply to each unit. (II) Calculations ofthe Baseline Actual Emissions (With Supporting Documentation). Baseline actual emissions are to include emissions associated not only with operation ofthe unit, but also emissions associated with startup, shutdown, and malfunction. (III) The calculation procedures that the major stationary source owner oroperator proposes to use to convert the monitoring system datato monthly emissions and annual emissions based on a 12-monthrolling total for each month as required byparagraph (b)(xv)(M)(I) ofthis section. (D) General Requirements For Establishing PALs. (I) The Division may establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs (b)(xv)(D)(I)(l.) through (7.) ofthis section are met. (1.) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months ofestablishing a PAL, the major stationary source owner or operator shall show that the sum ofthe monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). Foreach month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum ofthe preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL.

6-34(2.) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (b)(xv)(E) ofthis section. (3.) The PAL permit shall contain all the requirements ofparagraph (b)(xv)(G) ofthis section. (4.) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source. (5.) Each PAL shall regulate emissions ofonly one pollutant. (6.) Each PAL shall have a PAL effective period of 10 years. (7.) The owner or operator ofthe major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs (b)(xv)(L) through (N) ofthis section for each emissions unit underthe PALthrough the PAL effective period. (II) Atno time (during or after the PAL effective period) are emissions reductions ofa PAL pollutant that occur during the PAL effective period creditable as decreases for purposes ofoffsets under 40 CFRpart 51.165(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL. (E) Public Participation Requirements For PALs. PALs for existing major stationary sources shall be established, renewed, or increased, through a procedure that is consistent with Chapter 6, Section 2. This includes the requirement that the Division provide the public with notice ofthe proposed approval ofa PAL permit and at least a 30-day period for submittal ofpublic comment. The Division must address all material comments before taking final action on the permit. (F) Setting the 1 0-Year Actuals PAL Level. {I) Except as provided in paragraph (b)(xv)(F){II) ofthis section, the actuals PAL level for a major stationary source shall be established as the sum ofthe baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal tothe applicable significant level for the PAL pollutant under the definition of"Significant" in Section 4(a) or under the Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24- month period must be used to determine the baseline actual emissions for all existing emissions units; however, a different consecutive 24-month period may be used for each

6-35different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The Division shall specify a reduced PAL level(s) (in tons/yr) in the PAL permitto become effective on the future compliance date(s) ofany applicable Federal or State ofWyoming regulatory requirement(s) that the Division is aware ofprior to issuance ofthe PAL permit. For instance, ifthe source owner or operator will be required to reduce emissions from industrial boilers in halffrom baseline emissions of60 ppm 

### NOx to a new rule limit of30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by halfofthe original baseline emissions ofsuch unit(s). (II) For newly constructed units (which do not include modifications to existing units) on which actual construction began afterthe 24-month period, in lieu ofadding the baseline actual emissions as specified in paragraph (b)(xv)(F)(I) ofthis section, the emissions must be added to the PAL level in an amount equal to the potential to emit ofthe units. (G) Contents ofthePAL Permit. The PAL permit shall contain, at a minimum, the information in paragraphs (b)(xv)(G)(I) through (X) ofthis section. (I) The PAL pollutant and the applicable source-wide emission limitation in tons per year. (II) The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). (Ill) Specification in the PAL permitthat ifa major stationary source owner or operator applies to renew a PAL in accordance with paragraph (b)(xv)(J) ofthis section before the end ofthePAL effective period, then the PAL shall not expire at the end ofthe PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Division. (IV) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. (V) A requirement that, once the PAL expires, the major stationary source is subject to the requirements ofparagraph (b)(xv)(I) ofthis section. (VI) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system datato monthly emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph (b)(xv)(C)(I) ofthis section. (VII) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under paragraph (b)(xv)(M) ofthis section.

6-36(VIII) A requirement to retain the records required under paragraph (b)(xv)(M) ofthis section on site. Such records may be retained in an electronic format. (IX) A requirement to submit the reports required under paragraph (b)(xv)(N) ofthis section by the required deadlines. (X) Any other requirements that the Division deems necessary to implement and enforce the PAL. (H) PAL Effective Period and Reopening ofthe PAL Permit. (I) PAL Effective Period. The PAL effective period shall be 10 years. (II) Reopening ofthe PAL Permit. (1.) During the PAL effective period, the Division shall reopen the PAL permitto:

a. Correct typographical/calculation errors made in setting the PAL orreflect a more accurate determination ofemissions used to establish the PAL; b. Reduce the PAL ifthe owner or operator ofthe major stationary source creates creditable emissions reductions for use as offsets under 40 CFR part 51.165(a)(3)(ii); and

c. Revise the PAL to reflect an increase in the PAL as provided under paragraph (b)(xv)(K) ofthis section. (2.) The Division may reopen the PAL permit for the following:

a. Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date; b. Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the Division may impose on the major stationary source; and

c. Reduce the PAL ifthe Division determines that a reduction is necessary to avoid causing or contributing to a NAAQS or

6-37PSD increment violation, orto an adverse impact on an AQRV that has been identified for a Federal Class I Area by a Federal Land Manager and for which information is available to the general public. (3.) Except for the permit reopening in paragraph (b)(xv)(H)(II)(l.)a. ofthis section for the correction oftypographical/calculation errors that do not increase the PAL level, all reopenings shall be carried out in accordance with the public participation requirements ofparagraph (b)(xv)(E) ofthis section. (I) Expiration ofa PAL. Any PAL that is not renewed in accordance with the procedures in paragraph (b)(xv)(J) ofthis section shall expire at the end ofthe PAL effective period, and the requirements in paragraphs (b)(xv)(l)(l) through (V) ofthis section shall apply.(I) Each emissions unit (or each group ofemissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (b)(xv)(l)(l)(l.) and (2.) ofthis section. (1.) Within the time frame specified for PAL renewals in paragraph (b)(xv)(J)(II) ofthis section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group ofemissions units, ifsuch a distribution is more appropriate as decided by the Division) by distributing the PAL-allowable emissions for the major stationary source among each ofthe emissions units that existed under the PAL. Ifthe PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under paragraph (b)(xv)(J)(V) ofthis section, such distribution shall be made as ifthePAL had been adjusted. (2.) The Division shall decide whether and how the PAL-allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as the Division determines is appropriate. (II) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Division may approve the use of monitoring systems (source testing, emission factors, etc.) otherthan CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. (Ill) Until the Division issues the revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as required under paragraph (b)(xv)(I)(I)(2.) ofthis section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level ofthe PAL emission limitation.

6-38(IV) Anyphysical change or change in the method of operation at the major stationary source will be subject to Chapter 6, Section 4 requirements ifsuch change meets the definition of"Major modification" in Section 4(a). (V) The major stationary source owneroroperator shall continue to comply with any State ofWyoming or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to paragraph (b)(i)(G) ofthis section, but were eliminated bythe PAL in accordance with the provisions in paragraph (b)(xv)(A)(II)(3.) ofthis section. (J) Renewal ofa PAL. (I) The Division shall follow the procedures specified in paragraph (b)(xv)(E) ofthis section in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration bythe Division. (II) Application Deadline. A major stationary source owner or operator shall submit a timely application to the Division to request renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier than 18 months from, the date ofpermit expiration. This deadline for application submittal is to ensure thatthe permit will not expire before the permit is renewed. Ifthe owner or operator ofa major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. (III) Application Requirements. The application to renew a PAL permit shall contain the information required in paragraphs (b)(xv)(J)(III)(1.) through (4.) ofthis section. (1.) The information required in paragraphs (b)(xv)(C)(I) through (Ill) ofthis section. (2.) A proposed PAL level. (3.) The sum ofthe potential to emit ofall emissions units under the PAL (with supporting documentation). (4.) Any other information the owner oroperator wishes the Division to consider in determining the appropriate level for renewing the PAL.

6-39{IV) PAL Adjustment. In determining whether and how to adjust the PAL, the Division shall consider the options outlined in paragraphs (b)(xv)(J)(IV)(l.) and (2.) ofthis section; however, in no case may any such adjustment fail to comply with paragraph (b)(xv)(J)(IV)(3.) ofthis section. (1.) lfthe emissions level calculated in accordance with paragraph (b)(xv)(F) ofthis section is equal to or greater than 80 percent ofthe PAL level, the Division mayrenew the PAL at the same level without considering the factors set forth in paragraph (b)(xv)(J){IV)(2.) ofthis section; or (2.) The Division may set the PAL at a level that it determines to be more representative ofthe source's baseline actual emissions, orthat it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, orother factors as specifically identified by the Division in its written rationale. (3.) Notwithstanding paragraphs (b)(xv)(J)(IV)(1.) and (2.) ofthis section:

a. Ifthepotential to emit ofthe major stationary source is less than the PAL, the Division shall adjust the PAL to a level no greater than the potential to emit ofthe source; and b. The Division shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions ofparagraph (b)(xv)(K) ofthis section (increasing a PAL). (V) Ifthe compliance date for a State ofWyoming or Federal requirement that applies to the PAL source occurs during the PAL effective period, and iftheDivision has not already adjusted for such requirement, the PAL shall be adjusted at the time ofPAL permit renewal or Chapter 6, Section 3 operating permit renewal, whichever occurs first. (K) Increasing a PAL During the PAL Effective Period. (I) The Division may increase a PAL emission limitation only ifthe major stationary source complies with the provisions in paragraphs (b)(xv)(K)(I)(l.) through (4.) ofthis section. (I.) The owner or operator ofthe major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL.

6-40(2.) As part ofthis application, the major stationary source owner or operator shall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units assuming application ofBACT equivalent controls, plus the sum ofthe allowable emissions ofthe new or modified emissions unit(s), exceeds the PAL. The level ofcontrol that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level ofBACT or LAER with which that emissions unit must currently comply. (3.) The owner or operator obtains a Chapter 6, Section 4 permit for all emissions unit(s) identified in paragraph (b)(xv)(K)(I)(l.) ofthis section, regardless ofthe magnitude ofthe emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the Chapter 6, Section 4 process (for example, BACT), even though they have also become subject to the PAL or continue to be subjectto the PAL. (4.) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emitthe PAL pollutant. (II) The Division shall calculate the new PAL as the sum ofthe allowable emissions for each modified ornew emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units (assuming application ofBACT equivalent controls as determined in accordance with paragraph (b)(xv)(K)(I)(2.) ofthis section), plus the sum ofthe baseline actual emissions ofthe small emissions units. (III) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofparagraph (b)(xv)(E) of this section. (L) Monitoring Requirements for PALs. (I) General Requirements. (1.) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions ofthe PAL pollutant in terms ofmass per unit oftime. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the

6-41information.generated by such system must meet minimum legal requirements for admissibility in ajudicial proceeding to enforce the PAL permit. (2.) The PAL monitoring system must employ one or more ofthe four general monitoring approaches meeting the minimum requirements set forth in paragraphs (b)(xv)(L)(II)(l.) through (4.) ofthis section and must be approved bythe Division. (3.) Notwithstanding paragraph (b)(xv)(L)(I)(2.) of this section, you may also employ an alternative monitoring approach that meets paragraph (b)(xv)(L)(I)(l.) ofthis section ifapproved by the Division. (4.) Failure to use a monitoring system that meets the requirements ofthis section renders the PAL invalid. (II) Minimum Performance Requirements For Approved Monitoring Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (b)(xv)(L)(III) through (IX) ofthis section: (1.) Mass balance calculations for activities using coatings or solvents; (2.) CEMS; (3.) CPMS or PEMS; and (4.) Emission factors. (Ill) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: (1.) Provide a demonstrated means ofvalidating the published content ofthe PAL pollutantthat is contained in or created by all materials used in or at the emissions unit; (2.) Assume that the emissions unit emits all ofthe PAL pollutant that is contained in or created by any raw material orfuel used in or at the emissions unit, ifit cannot otherwise be accounted for in the process; and (3.) Where the vendor ofa material or fuel, which is used in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operator must use the highest value ofthe range to calculate the

6-42PAL pollutant emissions unless the Division determines there is site-specific data or a site-specific monitoring program to support another content within the range. {IV) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements: (I.) CEMS must comply with applicable Performance Specifications found in 40 CFR part 60, Appendix B; and (2.) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions unit is operating. (V) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: (I.) The CPMS orthe PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range ofoperation ofthe emissions unit; and (2.) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Division, while the emissions unit is operating. (VI) Emission Factors. An owner oroperator using emission factors to monitor PAL pollutant emissions shall meet the following requirements: (1.) All emission factors shall be adjusted, if appropriate, to account for the degree ofuncertainty or limitations in the factors' development; (2.) The emissions unit shall operate within the designated range ofuse for the emission factor, ifapplicable; and (3.) Iftechnically practicable, the owner or operator ofa significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months ofPAL permit issuance, unless the Division determines that testing is not required. (VII) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period oftime that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.

6-43(VIII) Notwithstanding the requirements in paragraphs (b)(xv)(L)(III) through (VIII) ofthis section, where an owner or operator ofan emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points ofthe emissions unit, the Division shall, at the time ofpermit issuance: (1.) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or (2.) Determine that operation ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation ofthePAL. (IX) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Division. Such testing must occur at least once every 5 years after issuance ofthe PAL. (M) Recordkeeping Requirements. (I) The PAL permit shall require an owner or operatorto retain a copy ofall records necessary to determine compliance with anyrequirement of paragraph (b)(xv) ofthis section and ofthe PAL, including a determination ofeach emissions unit's 12-month rolling total emissions, for 5 years from the date ofsuch record. (II) The PAL permit shall require an owner or operatorto retain a copy ofthe following records, for the duration ofthePAL effective period plus 5 years: (1.) A copy ofthe PAL permit application and any applications for revisions to the PAL; and (2.) Each annual certification ofcompliance pursuant to Chapter 6, Section 3 and the data relied on in certifying the compliance. (N) Reporting and Notification Requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Division in accordance with the applicable Chapter 6, Section 3 operating permit program. The reports shall meet the requirements in paragraphs (b)(xv)(N)(I) through (III) ofthis section.

6-44{I) Semi-annual Report. The semi-annual report shall be submitted to the Division within 30 days ofthe end ofeach reporting period. This report shall contain the information required in paragraphs (b)(xv)(N)(I){l.) through (7.) ofthis section. (I.) The identification ofowner and operator and the permit number. (2.) Total annual emissions (tons/year) based on a 12-monthrolling total for each month in the reporting period recorded pursuantto paragraph (b)(xv)(M)(I) ofthis section. (3.) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculatingthe monthly and annual PAL pollutant emissions. (4.) A list ofany emissions units modified or added to the major stationary source during the preceding 6-month period. (5.) The number, duration, and cause ofany deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. (6.) A notification ofa shutdown ofany monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored bythe monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant orthe number determined by method included in the permit, as provided by paragraph (b)(xv)(L){VII) ofthis section. (7.) A signed statement bythe responsible official (as defined bythe applicable Chapter 6, Section 3 operating permit program) certifying the truth, accuracy, and completeness ofthe information provided in the report. (II) Deviation Report. The major stationary source owner or operator shall promptly submit reports ofany deviations or exceedance ofthe PAL requirements, including periods where no monitoring is available. A report submitted pursuant to Chapter 6, Section 3(h)(i)(C)(III){2.) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by Chapter 6, Section 3(h){i)(C)(III)(2.). Thereports shall contain the following information: (1.) The identification ofowner and operator and the permit number;

6-45(2.) The PAL requirement that experienced the deviation or that was exceeded; (3.) Emissions resulting from the deviation orthe exceedance; and (4.) A signed statement by the responsible official (as defined by the applicable Chapter 6, Section 3 operating permit program) certifying the truth, accuracy, and completeness ofthe information provided in the report. (III) Re-validation Results. The owner oroperator shall submit to the Division the results ofany re-validation test or method within three months after completion ofsuch test ormethod. (0) Transition Requirements. (I) The Division shall not issue a PAL that does not comply with the requirements in paragraphs (b)(xv)(A) through (0) ofthis section after the Administrator has approved regulations incorporating these requirements into Chapter 6, Section 4. (II) The Division may supersede any PAL which was established prior to the date ofapproval ofthis regulation bythe Administrator ofEPA with a PAL that complies with the requirements ofparagraphs (b)(xv)(A) through (0) of this section. (xvi) Ifany provision ofthis section, or the application ofsuch provision to any person or circumstance, is held invalid, the remainder ofthis section, orthe application ofsuch provision to persons or circumstances otherthan those as to which it is held invalid, shall not be affected thereby. (xvii) Transition: (A) The requirements for BACT in Chapter 6, Section 4(b)(ii) and the requirements for air quality analysis in Chapter 6, Section 4(b)(i) shall not apply to a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner or operator ofthe source submitted an application for a permit under these regulations before August 7, 1980, and the Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirements ofChapter 6, Section 4 as in effect on January 25, 1979, apply to any such source ormodification. (B) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was subject to Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner or operator ofthe source or

6-46modification submits an application for a permit under these regulations on orbefore June 8, 1981, and the Administrator subsequently determines thatthe application submitted before that date was complete with respect to the requirements for ambient air quality data analyses as in effect on January 25, 1979. Instead, the latter requirements shall apply to such source or modification. (C) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was not subjectto Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner or operator ofthe source ormodification submits an application for a permit under these regulations before June 8, 1981, and the Administrator subsequently determines thatthe application as submitted before that date was complete except with respect to the requirements in paragraph (b)(i)(F). (D) The requirements for air quality monitoring for PM 10 in paragraphs (b)(i)(E)(I) through (IV) ofthis section, effective February 13, 1989, shall not apply to a particular source or modification, ifthe owner or operator ofthe source or modification submits an application for a permit under Chapter 6, Section 4 on orbefore June 1, 1988 and the Administrator subsequently determines thatthe application submitted before that date was complete, except with respect to the requirements for monitoring particulate matter. (E) The requirements for air quality monitoring ofPM 10 in paragraphs (b)(i)(E)(IV) through (b)(i)(E)(V) ofthis section, effective February 13, 1989, shall apply to a particular source or modification if the owner or operator ofthe source or modification submits an application for a permit under this section after June 1, 1988 and no later than December 1, 1988. The data shall have been gathered over at least the period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (b)(xvii)(G) ofthis section, except that the Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered overthat shorterperiod of time. (F) For any application under this section that becomes complete except as to the requirements ofparagraphs (b)(i)(E)(III) and (b)(i)(E)(IV) pertaining to PM10, after December 1, 1988 and no later than August 1, 1989, the data that paragraph (b)(i)(E)(III) requires will have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwise complete. The Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered overthat shorter period oftime. (G) With respect to any requirements for air quality monitoring of PMw specified under paragraphs (b)(xvii)(D) and (b)(xvii)(E) ofthis section, effective

6-47February 13, 1989, the owner or operator ofthe source or modification shall use a monitoring method approved bythe Administrator and shall estimate the ambient concentrations ofPM 10 using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Administrator. (H) The requirement to demonstrate compliance with the maximum allowable increment for nitrogen dioxide shall not apply to a major stationary source or major modification that was subjectto Chapter 6, Section 4, as effective on February 8, 1988, ifthe owner or operator ofthe source or modification submits an application for a permit under these regulations on or before October 30, 1990 and the Administrator subsequently determines that the application submitted before that date was complete. (I) The requirement to demonstrate compliance with the maximum allowable increment for PM 10 shall not applyto a major stationary source ormajor modification that was subjectto Chapter 6, Section 4, as effective onJune 3, 1993, ifthe owner oroperator ofthe source or modification submits an application for a permit under these regulations on or before the effective date ofthis regulation revision and the Administrator subsequently determines that the application submitted beforethat date was complete. Instead, the requirement to demonstrate compliance with the maximum allowable increment for TSP, as in effect at the time the application was submitted, shall apply: Maximum Allowable Increments ofDeterioration- J.tg/m3

Pollutant Class I Class II Particulate Matter: TSP, Annual geometric mean TSP, 24-hour maximum* 

### 5 10 19 37 *Maximum allowable increment may be exceeded once per year at anyreceptor site. (c) All national parks, national wilderness areas, and national memorial parks in Wyoming as ofJanuary 25, 1979, shall be designated Class I and maynot be redesignated. All other areas ofthe State ofWyoming shall be designated Class II as of the effective date ofthis regulation. (d) Redesignation. All redesignation ofareas within the State ofWyoming shall be accomplished through the process ofestablishment ofStandards and Regulations set forth in the Wyoming Environmental QualityAct. (i) The following areas may be redesignated only as Class I or Class II areas:

6-48(A) An area which exceeds 10,000 acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore; and (B) A national park or national wilderness area which exceeds 10,000 acres in size and is established after the effective date ofthis regulation. (ii) Except as provided in paragraph (c) above, any area may be redesignated as Class I or II, with the approval ofthe Administrator ofthe Environmental Protection Agency, in accordance with the provisions ofparagraph (iii) below; provided, however, that lands within the exterior boundaries ofreservations offederally recognized Indian tribes may be redesignated to any class, but only bythe appropriate Indian governing body. (iii) (A) At least one public hearing must be held in accordance with the provisions for adoption ofregulations as set forth in the Administrative Procedures Act and the Wyoming Environmental Quality Act. (B) At least 30 days priorto the public hearing, a description and analysis ofthe health, environmental, economic, social and energy effects ofthe proposed redesignation shall be prepared and made available for public inspection. Any person petitioningthe Department or Council to redesignate an area shall be responsible for preparing or submitting such description and analysis. Such persons shall also be responsible for revising this required documentation to the extent necessary to satisfy the Administrator ofthe U.S. EPA. The notice ofthe public hearing shall contain appropriate notification ofthe availability ofthe description and analysis ofthe proposed redesignation. (C) Agencies from neighboring states, Indian governing bodies, Federal Land Managers, and local governments whose land may be affected by the proposed redesignation shall be notified at least 30 days priorto the hearing. (D) Priorto proposing a redesignation, the Division and the Air Quality Advisory Board shall consult with the elected leadership oflocal and other substate general purpose governments in the area covered bythe redesignation. (E) Priorto public notice ofthe proposed redesignation the Division shall provide written notice to any Federal Land Manager who may be responsible for any federal lands within the area proposed for such redesignation and shall afford adequate opportunity (but not in excess of60 days) to confer with the State respecting the intended notice ofdesignation. The Federal Land Manager shall be offered the opportunityto submit written comments and recommendations with respect to such intended notice ofredesignation. In redesignating any area with respect to which the federal land manager has submitted written comments and recommendations, the Division will publish a list ofany inconsistencybetween such redesignation and such

6-49recommendation with an explanation ofsuch inconsistency (together with the reasons for making such redesignation against the recommendation ofthe Federal Land Manager). (F) The Council shall review and examinethe description and analysis prepared pursuant to subparagraph (iii)(B) above prior to anyredesignation. (iv) (A) Ifan area has been proposed for redesignation to a more stringent class, no permitto construct may be granted to a source which may cause an impact in the area proposed for redesignation and for which an application to construct is received bythe Division after the filing ofthe petition for redesignation with the Environmental Quality Council until the proposed redesignation has been acted upon; however, approval may be granted if, in the Administrator'sjudgment, the proposed source would not violate the applicable increments ofthe proposed redesignation. Such approval shall be withheld only so long as in the Administrator'sjudgment, the petitioner is expeditiously proceeding toward development ofthe "description and analysis" required under (iii)(B) above, and provided that such "description and analysis" is complete and submitted to the Council for action on the petition within 18 months ofthe filing ofthe initial petition. Upon good cause shown, the Council may extend the foregoing deadline. (B) Where an application for a permitto construct a source has been received by the Division priorto the receipt bythe Council ofa petition for redesignation ofan area to a more stringent class and where such source may cause an impact in the area proposed for redesignation, the permit application shall be processed considering the classification ofan area which existed at the time ofpermit application. For purposes ofestablishing a priority date under this Chapter 6, Section 4(d)(vi)(B), (1) such permit application is not required to meet the provisions for completeness in Chapter 6, Section 2, and (2) the time frames in Chapter 6, Section 2(g) for action on applications shall not apply. However, a priority date established under Chapter 6, Section 4(d)(vi)(B), shall remain in effect only so long as in the Administrator'sjudgment, the applicant is expeditiously proceeding toward the development and submittal ofsuch other information and data as required to make the application complete under the provisions ofChapter 6, Section 2, and provided that such other information and data is submitted to, andjudgedto be complete by the Administrator within 18 months ofthe filing ofthe initial permit application. Upon good cause shown, the Administrator may extend the foregoing deadline. Section 14. Incorporation by reference. (a) Code ofFederal Regulations (CFR). Except as otherwise noted, all Code of Federal Regulations (CFRs) cited in this chapter, including their Appendices, revised and published as ofJuly 1, 2010, not including any later amendments, are incorporated by reference. Copies ofthe Code ofFederal Regulations are available for public inspection

6-50and copies can be obtained at cost from the Department ofEnvironmental Quality, Division ofAir Quality, 122 W. 25 1 h Street, Cheyenne, Wyoming 82002. Copies ofthe CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214.

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# • 

# ..

REDLINE/STRIKEOUT SUMMARY VERSION

FORINFORMATIONAL PURPOSES ONLY EPA PENDING SIPAPPROVALS

- CHAPTER SECTIONS 4 13 

### AND 14- R-18 (5/11/2011), AND

PermittingRequirements 

### CHAPTER6 Section 4. Prevention ofsignificantdeterioration. (a) Definitions. Forpurposes ofthis section: 

### "Actualemissions" means the actual rate ofemissions ofa regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (i) through (iii) ofthis definition, exceptthat this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under paragraph (b)(xv) ofthis section. Instead, the definitions for "Projected actual emissions" and "Baseline actual emissions" ofthis section shall apply for those purposes. (i) In general, actual emissions as ofa particulardate shall equal the average rate, in tons peryear, at which the unit actually emittedthe pollutant during a consecutive 24-month period which precedes the particulardate and which is representative ofnormal source operation. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored, orcombusted during the selected time period. (ii) The Division may presume that source-specific allowable emissions for the unit are equivalentto the actual emissions ofthe unit. (iii) For any emissions unitthat has notbegun normal operations onthe particular date, actual emissions shall equal the potential to emit ofthe unit on that date. 

### "Administrator"means Administrator ofthe Division ofAir Quality, Wyoming Department ofEnvironmental Quality. 

### "Allowable emissions"means the emission rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subjectto enforceable permit conditions which limit the operating rate or hours ofoperation, or both) and the most stringent ofthe following:

6-1

### (i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these regulations and othernew source performance standards and national emission standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the State ofWyoming. (ii) Any other applicable emission limit in these regulations. (iii) The emission rate agreed to bythe owner or operator as an enforceable permit condition. 

### "Baseline actualemissions"means the rate ofemissions, in tons peryear, ofa regulated NSR pollutant, as determined in accordance with paragraphs (i) through (iv) of this definition. (i) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tonsperyear, at which the unit actually emittedthe pollutant during any consecutive 24-monthperiod selected bythe owner or operator within the 5-yearperiod immediatelypreceding when the owner oroperatorbegins actual construction ofthe project. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) For a regulated NSRpollutant, when aproject involves multiple emissions units, only one consecutive 24-monthperiod must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSRpollutant. (D) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired byparagraph (i)(B) ofthis definition. (ii) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected bythe owner oroperator within the 1 0-yearperiod immediatelypreceding eitherthe date the owner oroperatorbegins actual construction ofthe project, orthe date a completepermit application is received by the Division for a Chapter 6, Section 4

6-2

### permit, whichever is earlier, exceptthat the 10-yearperiod shall not include any period earlierthanNovember 15, 1990. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) The average rate shall be adjusted downward to exclude any emissions thatwould have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period; however, ifan emission limitation is part ofa maximum achievable control technology standard that the EPA Administratorproposed orpromulgated under 40 CFR 63, the baseline actual emissions need only be adjusted ifthe Division has taken credit for such emissions reductions in an attainment demonstration ormaintenance plan consistent withthe requirements of40 CFR 51.165(a)(3)(ii)(G). (D) For a regulated NSRpollutant, when a project involves multiple emissions units, only one consecutive 24-monthperiod must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-monthperiod can be used for eachregulatedNSRpollutant. (E) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired byparagraphs (ii)(B) and 

### (C) ofthis definition. (iii) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all otherpurposes, shall equal the unit's potential to emit. (iv) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (i) 

### ofthis definition, for otherexisting emissions units in accordance with the procedures contained in paragraph (ii) ofthis definition, and for a new emissions unit in accordance withthe procedures contained in paragraph (iii) ofthis definition. · 

### "Baseline area"means any intrastate area (and every partthereof) designated as attainment orunclassifiable under the Federal Clean AirAct in which a major source or major modification establishingthe minor source baseline date would construct orwould

6-3(i) The following baseline areas have been designated as separate particulate matter attainment areas under section 107 ofthe Clean AirAct: (A) The PowderRiver Basin Area, described as that areabounded by Township 40 through 52 North, and Range 69 through 73 West, inclusive ofthe Sixth Principal Meridian, Campbell and Converse Counties, excludingthe areas defined as the Pacific Power and Light attainment area and the Hampshire Energy attainment area. (B) The Pacific Power and LightArea, described as that area bounded by the NWY4 ofSection 27, T50N, R71W, Campbell County, Wyoming. 

### (C) The Hampshire Energy Area, described as that area bounded by Section 6 excludingthe SWY4; E\12 Section 7; Section 17 excludingthe SWY4; Section 14 excludingthe SEY4; Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 ofT48N, R70W and Section 26 excludingthe NEY4; SWY4 Section 23; Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34,35 ofT49N, R70W, Campbell County, Wyoming. (D) The Kennecott-Puron Area, described as the area bounded by the WY2SWY4 Section 18, WY2NWY4, NWY4SWY4 Section 19, T47N, R70W, S\12 Section 13, N\12, NY2SWY4, NY2SEY4 Section 24 T47N, R71W, Campbell County, Wyoming. (E) The remainder ofthe State ofWyoming. (ii) Anybaseline area established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM10 increments. 

### "Baseline concentration"means that ambient concentration level which exists in the baseline area at the time ofthe applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: (i) The actual emissions, as defined in this section, representative of sources in existence on the applicable minor source baseline date, except as provided in paragraph (iv) ofthis definition; (ii) The allowable emissions ofmajor stationary sources which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date;

6-4(iii) Contributions due to emissions from any emitting source or modification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a) and qualified as "major"priorto August 7, 1980 only because fugitive emissions were included in determiningpotential to emit, (2) submitted a complete permit application under Chapter 6, Section 4(b) orthe Federal Clean AirAct priorto August 7, 1980, and (3) was in existence as ofthe minor source baseline date; (iv) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increment: (A) Actual emissions, as defined in this section, from any major stationary source on which construction commenced afterthe major source baseline date; and (B) Actual emissions increases and decreases, as determined in accordance with the definition for "Actual emissions" in this section, at any stationary source occurring after the minor source baseline date. 

### "Begin actualconstruction"means, in general, initiation ofphysical on-site construction activities on an emissions unit which are ofa permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofunderground pipework, and construction ofpermanent storage structures. With respect to a change in method ofoperation this term refers to those onsite activities, other than preparatory activities, which mark the initiation ofthe change. 

### "Bestavailable controltechnology"means an emission limitation (including a visible emission standard) based on the maximum degree ofreduction ofeachpollutant subjectto regulation underthese Standards and Regulations orregulation underthe Federal Clean AirAct, which would be emitted from orwhich results for anyproposed major stationary source ormajormodification which the Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and othercosts, determines is achievable for such source ormodification through application or production processes and available methods, systems, and techniques, including fuel cleaning ortreatment or innovative fuel combustion techniques for control ofsuch pollutant. Ifthe Administrator determines thattechnological oreconomic limitations on the application ofmeasurement methodology to a particular emissions unit would make the imposition ofan emission standard infeasible, he may instead prescribe a design, equipment, workpractice oroperational standard orcombinationthereofto satisfythe requirement ofBestAvailable Control Technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation ofsuch design, equipment, workpractice, oroperation and shall provide for compliance by means which achieve equivalent results. Application ofBACT shall notresult in emissions in excess ofthose allowed under Chapter 5, Section 2 or Section 3 ofthese regulations and any other new source performance standard ornational emission standards for hazardous air pollutants promulgated bythe EPA butnot yet adopted bythe State ofWyoming.

6-5

### "Clean coaltechnology"means any technology, includingtechnologies applied at the precombustion, combustion, orpostcombustion stage, at a new or existing facility which will achieve significantreduction in air emissions ofsulfur dioxide or oxides of nitrogen associated with the utilization ofcoal in the generation ofelectricity, orprocess steam which was not in widespread use as ofNovember 15, 1990. 

### "Clean coaltechnology demonstrationproject"means a projectusing funds appropriated underthe heading "DepartmentofEnergy-Clean Coal Technology", up to a total amount of$2,500,000,000 for commercial demonstration ofclean coal technology, or similarprojects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost ofthe demonstration project. 

### "Commenced", as applied to construction ofa major stationary source ormajor modification, means that the owner oroperatorhas obtained a Construction Permit required by Chapter 6, Section 2 and eitherhas (i) begun, orcaused to begin, a continuous program ofactual on-site construction ofthe source or (ii) entered into binding agreements or contractual obligations, which cannot be canceled ormodified without substantial loss to the owner oroperator, to undertake a program ofconstruction ofthe source to be completed within a reasonable time. 

### "Complete" means, in reference to an application for a permit, thatthe application contains all the information necessary for processingthe application. Designating an application complete for purposes ofpermitprocessing does notpreclude the Division from requesting or accepting any additional information. 

### "Construction"means any physical change orchange in the method ofoperation (including fabrication, erection, installation, demolition, ormodification ofan emissions unit) which would result in a change in emissions. 

### "Continuous emissionsmonitoringsystem (CEMS)" means all ofthe equipment that may be required to meet the data acquisition and availability requirements ofthis section, to sample, condition (ifapplicable), analyze, and provide a record ofemissions on a continuous basis. 

### "Continuous emissions ratemonitoringsystem (CERMS)"means the total equipmentrequired for the determination and recording ofthe pollutantmass emissions rate (in terms ofmass per unit oftime). 

### "Continuousparametermonitoringsystem (CPMS)" means all ofthe equipment necessary to meet the data acquisition and availability requirements ofthis section, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow

6-6

### rate, 0 2 

### orC02 

### concentrations), and to record average operational parametervalue(s) on a continuous basis. 

### "Electric utility steamgenerating unit"means any steam electric generating unit that is constructed for the purpose ofsupplying more than one-third ofits potential electric output capacity and more than 25 MW electrical outputto any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose ofproviding steam to a steam-electric utility steam generatorthat would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. 

### "Emissions unit"means any partofa stationary source that emits orwould have the potential to emit any regulated NSRpollutant and includes an electric utility steam generating unit as defined in this section. Forpurposes ofthis section, there are two types ofemissions units as described in paragraphs (i) and (ii) 

### ofthis definition. (i) A new emissions unit is any emissions unit that is (or will be) newly constructed and thathas existed for less than 2 years from the date such emissions unit first operated. (ii) 

### An existing emissions unit is any emissions unitthat does not meet the requirements in paragraph (i) 

### ofthis definition. 

### "Enforceable"means all limitations and conditions which are enforceable under provisions ofthe Wyoming Environmental Quality Act and/or are federally enforceable by the Administrator ofthe EPA, including those requirements developed pursuantto 40 CFRparts 60 and 61, requirements within the State Implementation Plan, and any permit requirements established pursuantto 40 CFR 52.21 orunderregulations approved pursuantto 40 CFR 51.18 or 51.166. 

### "FederalLandManager"means, with respect to any lands in the United States, the Secretary ofthe Department with authority over such lands. 

### "Fugitive emissions"means those emissions which could notreasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

6-7

# •

6-8

### "High terrain"means any area having an elevation 900 feet ormore above the base ofthe stack ofa source. 

### "Indian GoverningBody"means the governing body ofany tribe, band, or group ofIndians subjectto thejurisdiction ofthe United States and recognized bythe United States as possessingpowerofself-Government. 

### "IndianReservation"means any federally recognized reservation established by treaty, agreement, executive order, or act ofCongress. 

### "Innovative controltechnology" means any system ofairpollution control that has not been adequately demonstrated in practice, butwould have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice orofachieving at least comparable reductions at lower cost in terms ofenergy, economics, ornon air quality environmental impacts. 

### "Lowest achievable emission rate (LAER)"means, for any source, the more stringent rate ofemissions based onthe following: (i) The most stringent emissions limitation which is contained in the implementation plan ofany State for such class orcategory ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or (ii) The most stringent emissions limitation which is achieved in practice by such class orcategory ofstationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new ormodified emissions units within a stationary source. In no event shall the application ofthe term permit a proposed new ormodified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard ofperformance. 

### "Low terrain"means any area otherthan high terrain. 

### "Majormodification"means any physical change in orchange in the method of operation ofa major stationary source thatwould result in: a significantemissions increase (as defined in the definition for "Significant emissions increase" in this section) ofa regulatedNSRpollutant (as defined in the definition for "RegulatedNSRpollutant" in this section); and a significant net emissions increase ofthatpollutant from the major stationary source. Any significant emissions increase (as defined in the definition for

6-9

### "Significant emissions increase" in this section) from any emissions units ornet emissions increase (as defined in the definition for "Netemissions increase" in this section) at a major stationary source that is significant for volatile organic compounds or NOx shall be considered significantfor ozone. (i) A physical change or change in the method ofoperation shall not include: (A) Routine maintenance, repair and replacement. (B) Use ofan alternative fuel by reason ofan orderunder section 125 ofthe Federal Clean Air Act; 

### (C) An increase in the hours ofoperation or in the production rate, ifsuch increase does not exceed the operating design capacity ofthe major stationary source unless such change would be prohibited by, orinconsistentwith, an enforceable permit issued by the Division; (D) Use ofan alternative fuel or raw material by reason ofan order in effect under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), orby reason ofa natural gas curtailmentplan in effectpursuantto the Federal PowerAct; (E) Use ofan alternative fuel orraw material, ifpriorto January 6, 1975, the source was capable ofaccommodating such fuel ormaterial unless such change would be prohibited by, orinconsistent with, an enforceable permit issued by the Division, orifthe source is approved to use such fuel or material through an enforceable permit issued underthese regulations; (F) Change in ownership ofthe stationary source; (G) The use ofmunicipal solid waste as an alternative fuel at a steam generating plant; (H) The installation, operation, cessation orremoval ofa temporary clean coal technology demonstration project, providedthat the project complies with: (I) 

### The Wyoming State Implementation Plan, and (II) Otherrequirements necessaryto attain and maintain the national ambient air quality standards during the project and after it is terminated. (I) 

### The installation oroperation ofa permanent clean coal technology demonstration projectthat constitutes repowering, provided that the project

6-10

### does not result in an increase in the potential to emit ofanyregulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutantbasis. (J) The reactivation ofa very clean coal-fired electric utility steam generating unit. (ii) This definition shall not apply with respect to a particularregulated NSRpollutantwhen the major stationary source is complying with the requirements underparagraph (b)(xv) ofthis section for a PAL for thatpollutant. Instead, the definition in paragraph (b)(xv)(B) for "PAL major modification" ofthis section shall apply. 

### "Majorsourcebaselinedate"means: (i) 

### In the case of and sulfur dioxide, January 6, 1975;and (ii) In

### the case ofnitrogen dioxide, February 8, 1988.



### "Majorstationary source"means (a) any ofthe following stationary sources of airpollutants which emit, or have the potential to emit, one hundred tons peryear ormore ofany airpollutant for which standards are established under these Standards and

.........**~u**..... ·,

Jll" 

### orunder the Federal Clean Air fossil fuel-fired steam electric plants ofmore than two hundred and fifty million British thermal units perhour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, Portland Cementplants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable ofcharging more than two hundred and fifty tons ofrefuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processingplants, coke oven batteries, sulfur recovery plants, carbon blackplants (furnace process), primary lead smelters, fuel conversion plants, sinteringplants, secondary metal production plants, chemical process plants (which does not include ethanol production facilities thatproduce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil fuel boilers (or combinations thereof) ofmore than two hundred and fifty million British thermal units perhour heat input, petroleum storage and transferplants with a capacity exceedingthree hundred thousand barrels, taconite ore processing plants, glass fiber processingplants, charcoal productionplants. (b) 

### Such term also includes any stationary source which emits, orhas the potential to emit, two hundred and fifty tons per year ormore ofany air pollutant for which standards are established under these Standards and · underthe Federal Clean Air (c) Such term also includes any physical change that would occur at a stationary source not otherwise qualifying under this definition ifthe change would

6-11

### constitute a major stationary source by itself. (d) A major source which is volatile or

### NOx is consideredto be for ozone.



### "Minorsourcebaselinedate" means the earliest date afterAugust 7, 1977 for and sulfur · · and after February 8, 1988 for nitrogen oxides, on which a major stationary source ormajor modification submits a complete permit application under Chapter 6, Section 4(b) or underthe Federal Clean AirAct. (i) The minor source baseline date for sulfur dioxide for the State of Wyoming is February 2, 1978. (ii) The minor source baseline date for nitrogen oxides for the State of Wyoming is February 26, 1988. (iii) The minor source baseline date for is as follows: (A) Forthe PowderRiver Basin Area- March 6, 1997; (B) Forthe Pacific Power and Light Area- June 18 1980; (C) Forthe Hampshire Energy Area- September 30, 1982; (D) Forthe Kennecott-Puron Area- February 27, 1995; (E) Forthe rest ofthe State ofWyoming- February 22, 1979. (iv) The baseline date is established for eachpollutant for which increments orother equivalent measures have been established, if: (A) The area in which the proposed source ormodification would construct is designated as attainment orunclassifiable underthe Federal Clean Air Act for the pollutant on the date ofits complete application; and (B) In the case ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant.

6-12(v) The baseline date is not established bythe permitapplication for an emitting source ormodification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a), (2) qualified as "major"priorto August 7, 1980 only because fugitive emissions were included in determiningpotential to emit, and (3) submitted a complete permit application under Chapter 6, Section 4(b) or the Federal Clean AirActpriorto August 7, 1980. (vi) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdeterminingthe amount ofavailable PM 10 increments. 

### "Net emissions increase"means, with respect to any regulated NSRpollutant emitted by a major stationary source, the amount bywhich the sum ofthe following exceeds zero: (i) The increase in emissions from a particularphysical change orchange in the method ofoperation at a stationary source as calculated pursuantto paragraph (b)(i)(J) ofthis section; 

### (ii) Any other increases and decreases in actual emissions atthe major stationary source that are contemporaneous with the particularchange and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph (ii) shall be determined as provided in the definition for "Baseline actual emissions", exceptthat paragraphs (i)(C) and (ii)(D) ofthe definition for "Baseline actual emissions" shall not apply. (iii) An increase ordecrease in actual emissions is contemporaneous with the increase from the particularchange only ifit occurs between: (A) The date five years before construction onthe particular change commences; and (B) The date thatthe increase from the particular change occurs. (iv) An increase or decrease in actual emissions is creditable only if: (A) The Division has not relied on it in issuing a Chapter 6, Section 4 permit for the source, which is in effectwhenthe increase in actual emissions from the particularchange occurs. (v) An increase ordecrease in actual emissions ofsulfur dioxide, particulate matter, ornitrogen oxides that occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculatingthe amount ofmaximum allowable increases remaining available.

6-13(vi) An increase in actual emissions is creditable onlyto the extentthat the new level ofactual emissions exceeds the old level. (vii) A decrease in actual emissions is creditable onlyto the extentthat: (A) The old level ofactual emissions orthe old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (B) It is enforceable as a practical matter at and afterthe time that actual construction on the particular change begins; 

### (C) It has approximatelythe same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and (viii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particularpollutant. Any replacement unitthatrequires shakedown becomes operational only after a reasonable shakedown period, notto exceed 180 days. (ix) The definition of"Actual emissions" ofthis section, shall not apply for determining creditable increases and decreases. 

### "Potentialto emit"means the maximum capacity ofa stationary source to emit a pollutantunder its physical and operational design. Anyphysical or operational limitation on the capacity ofthe source to emit a pollutant, including airpollution control equipment and restrictions on hours ofoperation orthe type or amount ofmaterial combusted, stored, orprocessed, shall betreated as part ofits design ifthe limitation or the affect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. 

### "Predictive emissionsmonitoringsystem (PEMS)" means all ofthe equipment necessary to monitorprocess and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 

### 02 or

### C02concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 

### "Project" means a physical change in, or change in method ofoperation of, an existing major stationary source. 

### "Projectedactualemissions"means the maximum annual rate, in tons peryear, at which an existing emissions unit is projectedto emit a regulatedNSRpollutant in any one ofthe 5 years (12-monthperiod) following the date the unitresumes regular operation afterthe project, or in any one ofthe 10 years following that date, ifthe project involves increasingthe emissions unit's design capacity or its potential to emitthat

6-14regulatedNSRpollutant, and full utilization ofthe unit would result in a significant emissions increase, or a significant netemissions increase atthe major stationary source. (i) In determiningthe projected actual emissions underthe above paragraph ofthis section (before beginning actual construction), the owner oroperator of the major stationary source: (A) Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highestprojections ofbusiness activity, the company's filings with the State orFederal regulatory authorities, and compliance plans approved bythe Division; (B) Shall include fugitive emissions to the extentquantifiable and emissions associated with startups, shutdowns, and malfunctions; (C) Shall exclude, in calculating any increase in emissions that results from the particularproject, thatportion ofthe unit's emissions following the projectthat an existing unit could have accommodated duringthe consecutive 24-month period used to establishthe baseline actual emissions under the definition for "Baseline actual emissions" ofthis section and that are also unrelated to the particularproject, including any increased utilization due to product demand growth; or, (D) In lieu ofusing the method set out in paragraphs (i)(A) through 

### (C) ofthis definition, may electto use the emissions unit's potential to emit, in tons peryear, as defined under the definition of"Potential to emit" ofthis section. 

### "Reactivation of a very clean coal-firedelectric utility steamgenerating unit" means anyphysical change orchange in the method ofoperation associated with the commencement ofcommercial operations by a coal-fired utility unit after a period of discontinued operation where the unit: (i) Has not been in operation for the two-yearperiodpriorto the enactment ofthe Clean AirActAmendments of 1990, and the emissions from such unit continue to be carried in the State ofWyoming's emissions inventory atthe time of enactment; (ii) Was equipped priorto shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide ofno less than 85 percent and a removal efficiency for particulates ofnot less than 98 percent; (iii) Is equipped with low-NOx burners priorto the time of commencement ofoperations following reactivation; and (iv) Is otherwise in compliance with the requirements ofthe Clean Air Act.

6-15

### "RegulatedNSRpollutant", for purposes ofthis section, meansthe following: (i) Any pollutant for which a national ambient airquality standard has been promulgated and any pollutant identified underthis paragraph as a constituent or precursorto such pollutant. Precursors identified bythe EPA Administrator for purposes ofNSRare the following: (A) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment andunclassifiable areas. (B) Sulfur dioxide is a precursorto PM2

### .s in all attainment and unclassifiable areas. 

### (C) Nitrogen oxides are presumedto be precursors to PM2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the EPA Administrator's satisfaction orEPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not a significantcontributorto that area's ambientPM2.5 concentrations. (D) Volatile organic compounds are presumed notto be precursors to PM2.5 in any attainment orunclassifiable area, unless the State demonstrates to the EPA Administrator's satisfaction orEPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significantcontributorto that area's ambient PM2

### .s concentrations. (ii) Any pollutantthat is subjectto any standard promulgated under section Ill ofthe Federal CleanAirAct; (iii) Any Class I orII substance subjectto a standard promulgated under orestablished by Title VI ofthe Federal Clean AirAct; (iv) Anypollutantthat otherwise is subjectto regulation under the Federal CleanAirAct; exceptthat any or all hazardous airpollutants either listed in section 112 ofthe Federal Clean Air Act or added to the listpursuantto section 112(b)(2) ofthe Federal Clean AirAct, which have not been delisted pursuantto section 112(b)(3) ofthe Federal CleanAir Act, are notregulated NSRpollutants unless the listed hazardous air pollutant is also regulated as a constituentorprecursor ofa general pollutant listed under section 108 ofthe Federal CleanAirAct. (v) [Reserved.] (vi) Particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source or activity which condenseto form particulate matter at ambienttemperatures. On orafterJanuary 1, 2011, such

6-16

### condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2

### .s and PM 10 

### in PSD permits. Compliance with emissions limitations for PM, PM2

### .s and PM 10 

### issued priorto this date shall not be based on condensableparticulate matterunless required by the terms and conditions ofthe permitorthe applicable implementation plan. Applicability determinations made priorto this date without accounting for condensable particulate matter shall not be considered in violation ofthis section unless the applicable implementationplan required condensableparticulate matter to be included. 

### "Replacement unit"means an emissions unit for which all the criteria listed in this section are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (i) The emissions unit is a reconstructed unit within the meaning of 40 CFRpart 60.15(b)(1), orthe emissions unit completelytakes the place ofan existing emissions unit.(ii) The emissions unit is identical to or functionally equivalentto the replaced emissions unit. (iii) The replacement does not change the basic design parameter(s) (as discussed in 40 CFR part 51.166(y)(2)) ofthe process unit. (iv) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, orpermanently barred from operation by a permitthat is enforceable as a practical matter. Ifthe replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

### "Repowering" means replacement ofan existing coal-fired boilerwith one ofthe following clean coal technologies: atmospheric orpressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as determined bythe Administrator of EPA, in consultation with the Secretary ofEnergy, a derivative ofone ormore ofthese technologies, and any othertechnology capable ofcontrolling multiple combustion emissions simultaneously with improved boiler orgeneration efficiency and with significantly greater waste reduction relative to the performance oftechnology in widespread commercial use as ofNovember 15, 1990. (i) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as ofJanuary 1, 1991, by the Department ofEnergy. (ii) The Administrator shall give expedited considerationto permit applications for any source that satisfies the requirements ofthis subsection and is granted an extension under section 409 ofthe Clean AirAct.

6-17

### "Secondary emissions"means emissions which occur as a result ofthe construction oroperation ofa major stationary source ormajor modification, butdo not come from the major stationary source ormajormodification itself. Forthe purposes of this section, secondary emissions mustbe specific, well defined, quantifiable, and impact the same general areas as the stationary source ormodification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would notbe constructed orincrease its emissions except as a result ofthe construction ormodification ofthe major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofa motor vehicle orfrom a train. 

### "Significant"means: (i) In reference to a netemissions increase orthe potential ofa source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed any ofthe following rates: POLLUTANT AND EMISSIONS RATE Carbon monoxide: Nitrogen oxides: Sulfur dioxide: Particulate matter: PM2.s:

Ozone: Lead: Fluorides: Sulfuric acid mist: Hydrogen sulfide (H2 S): Total reduced sulfur (including H2S): Reduced sulfur compounds (including H2 S): Municipal waste combustororganics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans):

6-18 1 00 tons peryear ( tpy) 40tpy 40tpy 25 tpy ofparticulate matter emissions; 15 tpy ofPM 10 emissions 10 tpy ofdirect PM2.s emissions; 40 tpy ofsulfur dioxide emissions; 40 tpy ofnitrogen oxide emissions unless demonstrated not to be a PM2.s precursorunderthe definition of"RegulatedNSRpollutant" in Section 4(a) ofthis chapter 40 tpy ofvolatile organic compounds ornitrogen oxides 0.6 tpy 3 tpy 7 tpy 10 tpy 10 tpy 10 tpy

3.2 x 10-6 megagrams peryear (3.5 x 10-6 tons peryear)

### Municipal waste combustormetals (measured as particulate matter): Municipal waste combustor acid gases I4 megagrams peryear (I5 tons per year) (measured as sulfur dioxide and hydrogen chloride):36 megagrams peryear (40 tons per year) Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 megagramsperyear (50 tons per year) (ii) "Significant" means, in reference to a net emissions increase orthe potential ofa source to emit a pollutant subjectto these regulations and regulations under the Clean AirAct, thatparagraph (i) above does not list, any emissions rate. 

### (iii) Notwithstandingparagraph (i) 

### above, "significant" means any emissions rate orany net emissions increase associated with a major stationary source or major modification which would construct within I0 kilometers ofa Class I Area, and have an impact on such area equal to or greaterthan I J.tg/m3 

### (24-hour average). 

### "Significantemissions increase"means, for a regulated NSRpollutant, an increase in emissions that is significant (as defined in paragraph (i) ofthe definition of "Significant" in this section) for thatpollutant. 

### "Stationary source"means any structure, building, facility, equipment, installation oroperation (or combination thereof) which emits ormay emit any air pollutant subject to these regulations orregulations underthe Federal Clean Air Act. 

### "Structure, building,facility, equipment, installation, oroperation"means all of the pollutant-emitting activities which belongto the same industrial grouping, are located on one ormore contiguous oradjacent properties, and are underthe control ofthe same person (or persons under common control) exceptthe activities ofany vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the sameMajor Group (i.e., which have the same two-digit code) as described in the StandardIndustrial Classification Manual, 1972, as amended bythe I977 Supplement (U.S. Government Printing Office stock numbers 4IOI-0066 and 003-005- 00I76-0, respectively). 

### "Temporary clean coaltechnology demonstrationproject"means a clean coal technology demonstration projectthat is operated for a period of5 years or less, and which complies with the Wyoming State Implementation Plan and otherrequirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. 

### "Volatile organic compounds (VOCs)" is defined in Chapter 3, Section 6(a) of these regulations.

6-I9(b) Anyperson who plans to construct any major stationary source orundertake a majormodification ofan existing stationary source shall be subjectto the conditions outlined below. (i) (A) (I) The review ofthe stationary source for the construction or modification permit(s) required under Chapter 6, Section 2 ofthese regulations shall apply and shall be expanded so as to include analysis ofthe predicted impact ofthe allowable and secondary emissions from the stationary source onthe ambient air quality in areas affected by such emissions. An analysis ofthe predicted impact ofemissions from the stationary source is required for all pollutants for which standards have been established under these regulations orunderthe Federal Clean AirAct and which are emitted in significant amounts. An analysis ofthe impact ofotherpollutants may be required bythe Administrator. Such analysis shall identify and quantify the impact on the air quality in the area ofall emissions not included in the baseline concentrations including, but not limited to, those emissions resulting from the instant application and all otherpermits issued in the area. The purpose ofthis analysis is to determine the total deterioration ofair quality from the baseline concentrations; however, projections of deterioration due to general non-stationary source growth in the areapredicted to occur afterthe date ofapplication is notrequired. A permitto constructpursuantto Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are complied with and ifthe predicted impact (over and above the baseline concentration) ofemissions defined above is less than the maximum allowable increment shown in Table 1for the classification ofthe area in which the impact is predicted, and ifthe ambient standard for the pollutant(s) is not exceeded. Table 1 Maximum Allowable Increments ofDeterioration

- J..tg/m3

Pollutant Particulate Matter:

PM10, annual arithmetic mean PM 10, 24-hourmaximum SulfurDioxide: Annual arithmetic mean 24-hourmaximum* 3-hourmaximum* Nitrogen Dioxide Annual arithmetic mean Class I 

# I

4 

### 8

2 

### 5 

### 25

2.5 Class II 

# I

17 30

20 91 

### 512

25 *Maximum allowable increment may be exceeded once peryear at anyreceptor site.

6-20(II) Notwithstandingthe provisions ofparagraph (b)(i)(A)(I) above, the following concentrations shall be excluded in determining compliance with maximum allowable increases: (l.) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use ofpetroleum products, natural gas, orboth by reason ofan order in effect under sections 2(a) and (b) oftheEnergy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) overthe emissions from such sources before the effective date ofsuch an order. No such exclusion shall apply for more than five years after the later ofsuch effective dates; (2.) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason ofnatural gas curtailmentplan in effectpursuantto the Federal PowerAct overthe emissions from such sources beforethe effective date ofsuch plan. No such exclusion shall apply for more than 5 years afterthe later ofsuch effective date; (3.) Concentrations ofparticulate matter attributable to the increase in emissions from construction orothertemporary emission-related activities ofnew ormodified sources; (4.) The increase in concentrations attributable to new sources outside the United States overthe concentrations attributable to existing sources which are included in the baseline concentrations; and (5.) Concentrations attributable tothetemporary increase in emissions ofsulfur dioxide, particulate matter, or nitrogen oxides from stationary sources as specified below.

a. The temporary emissions do not occur for more than 2 years.

6-21b. The 2-yeartimeperiod is notrenewable.

c. Such temporary emissions are not eligible for exclusion ifthey would impact a Class I Area or an area where the applicable increment is known to be violated or an area where they would cause or contribute to a violation ofthe applicable ambient air quality standard. d. Atthe end ofthe temporary emission time frame, emissions from the stationary source causingthese temporary emissions shall not exceedthose levels occurring at such source priorto such temporary emission. (B) In addition to the analyses required under Chapter 6, Section 4(b)(i)(A) above, (I) The owneroroperator shall provide an analysis ofthe impairmentto visibility, soils and vegetation thatwould occur as a result ofthe source or modification and general commercial, residential, industrial, and other growth associated with the source ormodification. The owner oroperatorneed notprovide an analysis of the impact on vegetation having no significant commercial orrecreational value. 

### (II) The owneroroperator shall provide an analysis ofthe air quality impactprojected for the area as a result ofgeneral commercial, residential, industrial and other growth associated withthe source ormodification. 

### (C) The requirements for demonstration ofcompliance with applicable increments ofChapter 

### 6, Section 4(b)(i)(A)(I), the additional analysis requirements ofChapter 

### 6, Section 4(b)(i)(B) and the ambient air quality analysis requirements ofChapter

### 6, Section 4(b)(i)(E) shall not apply to a proposed major stationary source ormodification with respect to a particularpollutant ifthe Administrator determines that: (I) The increase in allowable emissions ofthatpollutant from the stationary source orthe net emissions increase ofthatpollutant from a modification would be temporary and would impactno Class I Area and no area where an applicable increment is known to be violated; or 

### (II) The stationary source was in existence onMarch 

### 1, 1978, and that the maximum allowable emission increases only impact Class 

### II Areas, and that after application ofBACT, the increase in allowable emissions ofeachpollutant would be less than 50 tons peryear. (D) Fugitive emissions, to the extent quantifiable, will be considered in calculatingthe potential to emit ofthe stationary source ormodification only for:

6-22(I) Sources listed in Chapter 6, Section 4(a) underthe definition of"Major stationary source", item (a). 

### (II) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 ofthe Clean AirAct. (III) And such other sources as the Environmental Quality Council may later determine. (E) An application subjectto this section shall contain an analysis ofambient air quality in the area that would be affected bythe stationary source or modification as required below: (I) Foreach pollutantthatthe source would have the potential to emit in a significant amount. 

### (II) Forthe modification, each pollutant for which it would result in a significant net emissions increase. (III) Forpollutants for which National AmbientAir Quality Standards have been established, the analysis shall contain continuous airquality monitoring data gathered for purposes ofdetermining whether emissions ofthatpollutant would cause orcontribute to a violation ofthe standard orany maximum allowable increase. (IV) In general, the required continuous air quality monitoring data shall have been gathered over a period ofone year immediately preceding receipt ofthe application. The Administratormayprovide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfiedthat a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorterthan one year. (V) All monitoring conducted pursuantto the requirements ofthis section shall meetthe requirements ofAppendix B of40 CFRpart 58. (VI) The requirements for pre-construction monitoring specified above and under Chapter 

### 6, Section 2(b) with respect to monitoring for a particularpollutant may be waived bythe Administrator upon petition from an applicant if: (1.) The emissions increase ofthe pollutant from a new stationary source orthe net emissions increase ofthe pollutant from a modification would cause, in any area, airquality impacts less thanthe following amounts:

6-23a. Carbon Monoxide- 575 J!g/m3

, 8-hour average; b. Nitrogen Dioxide

- 14 J!g/m3

, annual average;



### c.

PM10, 24-hour average;

•. Sulfur Dioxide

- 13 J!g/m3

, 24-hour average; 

# 1. Ozone (No 

### de minimis air quality level is provided for ozone; however, any net emissions increase of 100 tons peryear ormore of volatile organic compounds ornitrogen oxides subjectto PSD would be required to perform an ambient impact analysis, including the gathering ofair quality data.)

average;

average;

average;

1-hour average; or 

# 1. Lead- 0.1 J!g/m3

, 3-month average;

•. Fluorides

- 0.25 J!g/m3

, 24-hour 

# 1. Total Reduced Sulfur- 10 J!g/m3

, 1-hour 

# 1. Hydrogen Sulfide

- 0.2 J!g/m3

, 1-hour 

# 1. Reduced Sulfur Compounds- 10 J!g/m3

, (2.) The concentrations ofthepollutant in the area that the source ormodification would affect are less than the concentrations listed in paragraph (b)(i)(E)(VI)(1.) ofthis section; or (3.) The pollutant is not listed in paragraph (b)(i)(E)(VI)(1.) ofthis section. (F) The Administrator may require an applicant subjectto the provisions ofthis sectionto conduct an approved visibility monitoring program in any Class I Area which may be impacted byemissions from the proposed stationary source.

6-24(G) At such time that a particular source ormodification becomes a major stationary source ormajor modification solely by virtue ofa relaxation in any enforceable limitation which was established afterAugust 7, 1980 onthe capacity ofthe source ormodification otherwise to emit a pollutant, then all oftheprovisions ofChapter 6, Sections 2 and 4 shall apply to the source or modification as though construction had not yet commenced on the source ormodification. (H) The following specific provisions apply to projects at existing emissions units at a major stationary source (otherthan projects at a source with a PAL) in circumstances where the owner or operator elects to use the method specified in paragraphs (i)(A) through (C) ofthe definition for "Projected actual emissions" for calculatingprojected actual emissions. (I) Before beginning actual construction ofthe project, the owneroroperator shall document and maintain a record ofthe following information: (1.) A description ofthe project; (2.) Identification ofthe emissions unit(s) whose emissions ofa regulated NSRpollutantcould be affected bythe project; and (3.) A description ofthe applicability test used to determine that the project is not a majormodification for any regulated NSRpollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded underparagraph (i)(C) ofthe definition for "Projected actual emissions" in Section 4(a) and an explanation for why such amountwas excluded, and any netting calculations, ifapplicable. (II) Before beginning actual construction, the owneror operator shall provide the information set out in paragraph (b)(i)(H)(I) ofthis section to the Division as a Chapter 6, Section 2 permit application. (III) The owneroroperator shall monitorthe emissions of any regulated NSRpollutantthatcould increase as a result ofthe project andthat is emitted by any emissions unit identified in paragraph (b)(i)(H)(I)(2.) ofthis section; and calculate and maintain a record ofthe annual emissions, in tons peryear on a calendar yearbasis, for a period of5 years following resumption ofregular operations after the change, or for a period of 10 years following resumption ofregular operations afterthe change ifthe project increases the design capacity orpotential to emit ofthatregulated NSRpollutant at such emissions unit. (IV) The owneror operator shall submit a report to the Division within 60 days afterthe end ofeach year during which records mustbe generated underparagraph (b)(i)(H)(III) ofthis section setting outthe unit's annual emissions during the calendar year thatpreceded submission ofthe report.

6-25(I) The owneror operator ofthe source shall makethe information required to be documented and maintained pursuantto paragraph (b)(i)(H) ofthis section available for review upon request for inspection bythe Division orthe general public pursuantto the requirements contained in 40 CFR 70.4(b)(3)(viii). 

### (J) (I) Except as otherwise provided in paragraph (b)(xv) of this section, and consistent withthe definition of"Majormodification" contained in Section 4(a), a project is a major modification for a regulated NSRpollutant ifit causes two types ofemissions increases - a significant emissions increase (as defined in the definition for "Significant emissions increase" in Section 4(a)), and a significant net emissions increase (as defined in the definitions for "Netemissions increase" and "Significant" in Section 4(a)). The project is not a major modification ifit does not cause a significant emissions increase. Ifthe project causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase. (II) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step ofthe process) will occurdepends upon the type ofemissions units being modified, according to paragraphs (b)(i)(J)(III) through (V) ofthis section. The procedure for calculating (before beginning actual construction) whether a significantnetemissions increase will occur atthe major stationary source (i.e., the second step ofthe process) is contained in the definition for "Netemissions increase" in Section 4(a). Regardless ofany such preconstruction projections, a major modification results ifthe project causes a significant emissions increase and a significant net emissions increase. (III) Actual-to-Projected-Actual Applicability Test For Projects That Only Involve ExistingEmissions Units. A significant emissions increase of a regulatedNSRpollutant is projectedto occur ifthe sum ofthe difference betweenthe projected actual emissions (as defined in the definition for "Projected actual emissions" in Section 4(a)) and the baseline actual emissions (as defined in paragraphs (i) and 

### (ii) in the definition of"Baseline actual emissions" in Section 4(a)) for each existing emissions unit, equals or exceeds the significant amount for thatpollutant (as defined in the definition of"Significant" in Section 4(a)). (IV) Actual-to-Potential TestForProjects That Only Involve Construction ofa New Emissions Unit(s). A significant emissions increase ofa regulatedNSRpollutant is projected to occur ifthe sum ofthe difference betweenthe potential to emit (as defined in the definition for "Potential to emit" in Section 4(a)) from each new emissions unit following completion ofthe project and the baseline actual emissions (as defined in paragraph (iii) for the definition of"Baseline actual emissions" in Section 4(a)) ofthese units before the project equals orexceeds the significant amount for thatpollutant (as defined in the definition of"Significant" in Section 4(a)).

6-26

### (V) Hybrid Test ForProjects That Involve Multiple Types ofEmissions Units. A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified in paragraphs (b)(i)(J)(III) and (IV) ofthis section as applicable with respect to each emissions unit, for each type ofemissions unit equals orexceeds the significant amount for thatpollutant (as defined in the definition of"Significant" in Section 4(a)). (ii) (A) The required permit shall not be issued unless the proposed major stationary source ormajor modification would meet an emission limit(s) or equipment standard(s) specified by the Administratorto representthe application ofBest Available Control Technology for each pollutantregulated under these Standards and Regulations and under the Federal Clean Air Act and having the potential to emit in significant amounts. Forphased construction projects, the determination ofBACT shall be reviewed and modified as appropriate at the latest, mostreasonable time no laterthan 18 months priorto commencement ofeach phase ofthe proposedproject. At suchtime, the owner oroperator ofthe applicable stationary source maybe required to demonstrate the adequacy ofany previous determination ofbest available control technology for the stationary source. (B) In the case ofa major modification, the requirements for Best Available Control Technology shall apply only to each new ormodified emissions unit at which a net emissions increase ofthe pollutant would occur. 

### (C) (I) The applicant for a permit for a source subjectto this section may petition the Administratorto approve a system ofinnovative control technology. (II) The Administrator, with the approval ofthe govemor(s) ofother affected state(s) may approve the employment ofa system of innovative control technology if: 

### (I.) The proposed control system would not cause orcontribute to an unreasonable risk to public health, welfare, or safety in its operation or function; (2.) The owner oroperator agrees to achieve a level ofcontinuous emissions reduction equivalentto that which would have been required underparagraphs (ii)(A) and (B) above by a date specified bythe Administrator. Such date shall not be laterthan 4 years from the time ofstartup or7 years from permit issuance. (3.) The major stationary source ormajor modification would meet the requirements equivalentto those in paragraphs (b)(i)(A)(I), (b)(ii)(A), and (b)(ii)(B) above based on the emission rate that the stationary source

6-27employingthe system ofinnovative control technology would be required to meet on the date specified bythe Administrator. (4.) The source or modification would not before the date specified bythe Administrator:

a. Cause orcontribute to any violation ofan applicable National AmbientAir Quality Standard, or b. Impact any Class I Area, or

c. Impact any areawhere an applicable increment is known to be violated. (5.) All other applicable requirements including those for public participation have been met. (III) The approval to employ a system ofinnovative control technology shall be withdrawn bythe Administrator if: (1.) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate, or (2.) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety, or (3.) The Administratordecides at any time that the proposed system is unlikely to achieve the required level ofcontrol orto protectthe public health, welfare, or safety. (IV) Ifthe source ormodification fails to meetthe required level ofcontinuous emissions reduction within the specifiedtime period or ifthe approval is withdrawn in accordance with (III) above, the Administrator may allow the source ormodification upto an additional three years to meetthe requirement for the application ofBACTthrough use ofa demonstrated system ofcontrol. (iii) Temporaryparticulate matteremissions such as those associated with the construction phase ofthe source shall not be included in the determination onthe issuance ordenial ofa required permit and shall not be taken into accountwhen determining compliance withthe maximum allowable increments in Table 1; however, BestAvailable Control Technology shall be applied to abate suchtemporary emission. (iv) All applications ofair quality modeling required underparagraph (b)(i) above shall be based on the applicable models, databases, and otherrequirements specified in Appendix W of40 CFRpart 51 (Guideline onAir Quality Models). Where

6-28an airquality model specified in Appendix W of40 CFRpart 51 (Guideline on Air Quality Models) is inappropriate, the model may be modified oranother model substituted. Such a modification or substitution ofa model maybe made on a case-bycase basis or, where appropriate, on a generic basis for a specific State ofWyoming program. Written approval ofthe EPA Administratormust be obtained for any modification or substitution. In addition, use ofa modified or substituted model must be subjectto notice and opportunity for public commentunderprocedures set forth in Chapter 6, Section 2(g). (v) In any case where the federal official charged with direct responsibility for management ofany lands within a Class I Area, orthe Administrator of EPA orthe governor ofan adjacent state containing such a Class I Area, files a notice alleging that emissions from a proposed source ormajormodification may cause or contribute to a change in the airquality in such area and identifyingthe potential adverse impact ofsuch change, a permit shall not be issued unless the owneror operator ofsuch source demonstrates to the satisfaction ofthe Administratorthat emissions ofparticulate matter, sulfur dioxide, and nitrogen oxides will not cause orcontribute to concentrations which exceedthe maximum allowable increases for the Class I Area in question. (vi) (A) In any case where a Federal Land Managerdemonstrates to the satisfaction ofthe Administratorthatthe emissions from such source will have an adverse impact onthe air quality-related values (including visibility) ofsuch Class I Areas, notwithstanding the fact that the change in airquality resulting from emissions from such source will not cause orcontribute to concentrations which exceed the maximum allowable increases for Class I Areas, a permit shall notbe issued. (B) However, in the case where the Federal Land Manager provides to the Division at least 30 days priorto the Public Notice issued pursuantto Chapter 6, Section 2(m) oftheseregulations, an analysis ofthe impact ofthe emissions on visibility in a Federal Class I Area, the Division mustconsider such analysis in making its proposed decision. Ifthe Federal Land Manager's analysis concludesthat an adverse impact on visibility in the Federal Class I Area will occur butthe Administrator determines that the analysis does notdemonstrate to his satisfaction that such an adverse impact on visibility will occur, the Administrator shall in the Public Notice issued pursuantto the requirements ofChapter 6, Section 2(m), explain his decision orgive notice as to where the explanation can be obtained. (vii) In any case where the owneror operator ofsuch source demonstrates to the satisfaction ofthe Federal Land Manager, and the Federal Land Manager so certifies, thatthe emissions from such source will have no adverse impact onthe air quality-related values ofsuch Class I Areas (including visibility) notwithstandingthe fact thatthe change in air qualityresulting from emissions from such source will cause or contribute to concentrations which exceed the maximum allowable increases for Class I Areas, the Administrator may issue a permit.

6-29(viii) In the case ofa permit issued pursuantto subsection (vii), such source shall complywith such emission limitation under such permit as may be necessary to assure that emissions ofsulfur oxides, particulate matter, and nitrogen oxides from such source, will notcause or contribute to concentrations ofsuch pollutantwhich exceeds the following maximum allowable increases overthe baseline concentration for such pollutants:

Particulate matter:

PM 10, annual arithmetic mean PM 10, 24-hour maximum Sulfur dioxide: Annual arithmetic mean Twenty-four-hour maximum Three-hour maximum Nitrogen dioxide: Annual arithmetic mean Maximum Allowable Increase (micrograms per cubic meter) 

# I

17 30 20 91 325

25 (ix) (A) In any case where the owner oroperator ofa proposed major stationary source or majormodification who has been denied a certification under subparagraph (vii) demonstrates to the satisfaction ofthe Governor ofWyoming (hereinafterthe Governor), after notice and public hearing, andthe Governorfinds, that the source cannotbe constructed by reason ofany maximum allowable increases for sulfur dioxide for periods oftwenty-fourhours or less applicable to any Class I Area and, in the case offederal Mandatory Class I Areas, that a variance underthis clause will not adversely affectthe airquality related values ofthe area (including visibility), the Governor, after consideration ofthe Federal Land Manager's recommendation (ifany) and subjectto his concurrence, may grant a variance from such maximum allowable increase. Ifa variance is granted, a permitmaybe issued to such source pursuantto the requirements ofthis subparagraph provided otherrequirements ofthis section are met. (B) In the case ofa permit issued pursuantto subparagraph (ix)(A), such source shall comply with such emission limitations under such permitas maybe necessary to assure that emissions ofsulfur oxides from such source will not (during any day on whichthe otherwise applicable maximum allowable increases are exceeded) cause orcontributeto concentrations which exceed the following maximum allowable increases for such areas overthe baseline concentration for suchpollutantand to assure that such emissions will not cause orcontribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods ofexposure of24 hours orless on morethan 18 days during any annual period.

6-30Period ofexposure: Lowterrain areas: 24-hrmaximum 3-hrmaximum High terrain areas: 24-hr. maximum 3-hrmaximum Maximum Allowable Increase (micrograms percubic meter)

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62 221 (x) Notwithstanding other requirements ofthis section, a portable source which is a major stationary source and which has otherwise received a construction permit under Chapter 6, Sections 2 and 4 shall not be required to obtain additional relocation permits underthis section if: (A) Emissions from the source would not exceed allowable emissions; and (B) Such relocation would impactno Class I Area and no area where an applicable increment is known to be violated; and (C) Notice is given to the Division at least 10 days priorto such relocation identifyingthe proposed new location and the probable duration ofoperation at such location; and (D) Emissions atthe new location will be temporary. (xi) After a final decision is made on an application for a source subjectto this section, the final decision will be transmitted in writing to the applicant andthe final decision and all commentsreceived bythe Division during the public commentperiod will be made available for public inspection in the same location where the application and analysis was posted. A copy ofeachpermit application for each source or modification subjectto this section and impacting a Federal Class I Areawill be transmitted to EPA. EPA will be provided with notice ofeach action taken bythe Division on such application. (xii) [Reserved.] (xiii) [Reserved.] (xiv) [Reserved.] (xv) Actuals Plantwide ApplicabilityLimitations (PALs). (A) Applicability.

6-31(I) The Division may approve the use ofan actuals PAL for any existing major stationary source ifthe PAL meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section. The term "PAL" shall mean "actualsPAL" throughout paragraph (b)(xv) ofthis section. (II) Anyphysical change in or change in the method of operation ofa major stationary source that maintains its total source-wide emissions belowthe PAL level, meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section, and complies with the PALpermit: (1.) Is not a major modification for the PAL pollutant; (2.) Does nothave to be approvedthrough a Chapter 6, Section 4 permit; and (3.) Is not subjectto the provisions in paragraph (b)(i)(G) ofthis section (restrictions onrelaxing enforceable emission limitations thatthe major stationary source used to avoid applicability ofChapter 6, Section 4). (III) Except as provided under paragraph (b)(xv)(A)(II)(3.) ofthis section, a major stationary source shall continue to complywith all applicable Federal or State ofWyoming requirements, emission limitations, and work practice requirements that were established priorto the effective date ofthe PAL. (B) Definitions. The following definitions shall be used for actuals PALs consistent withparagraphs (b)(xv)(A) through (0) ofthis section. When a term is not defined in these paragraphs, it shall have the meaning given in Section 4(a) of this section or in the CleanAir Act. 

### "ActualsPAL for amajorstationary source"means a PAL based on the baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofall emissions units (as defined in the definition for "Source" in Section 4(a)) atthe source, that emit orhave the potential to emitthe PAL pollutant. 

### "Allowable emissions"has the same meaning as in the definition for "Allowable emissions" in Section 4(a), except as this definition is modified according to paragraphs (i) and 

### (ii) ofthis definition. (i) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit'spotential to emit.

6-32(ii) An emissions unit's potential to emit shall be determined using the definition of"Potential to emit" in Section 4(a), exceptthatthe words "orenforceable as a practical matter" should be added after "enforceable". 

### "Majoremissions unit"means: (i) Any emissions unit that emits orhas the potential to emit 100 tons peryear ormore ofthe PALpollutant in an attainment area; or 

### (ii) Any emissions unit that emits orhas the potential to emitthe PALpollutant in an amountthat is equal to orgreaterthan the major source threshold for the PALpollutant as defined bythe Clean AirAct for nonattainment areas. (For example, in accordance with the definition ofmajor stationary source in section 182(c) ofthe Clean AirAct, an emissions unit would be a majoremissions unit for VOC ifthe emissions unit is located in a serious ozone nonattainment area and itemits orhas the potential to emit 50 ormore tons ofVOC peryear.) 

### "PAL effectivedate" generally means the date ofissuance ofthe PALpermit; however, the PAL effective date for an increased PAL is the date any emissions unit that is part ofthe PAL major modification becomes operational and begins to emitthe PAL pollutant. 

### "PAL effectiveperiod"means the period beginning withthe PAL effective date and ending 10 years later. 

### "PAL majormodification"means, notwithstandingthe definitions for "Majormodification" and ''Net emissions increase" ofSection 4(a), any physical change in orchange in the method ofoperation ofthe PAL source that causes it to emit the PAL pollutant at a level equal to or greaterthanthe PAL. 

### ({PALpermit"means the Chapter 6, Section 2 or Section 4 permit issued by the Division that establishes a PAL for a major stationary source. 

### "PALpollutant"means the pollutant for which a PAL is established at a major stationary source. 

### "Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs (b)(xv)(A) through (0) ofthis section. 

### "Significant emissions unit"means an emissions unit that emits or has the potential to emit a PALpollutant in an amountthat is equal to orgreaterthanthe significant level (as defined in the definition for "Significant" in Section 4(a) orin the CleanAirAct, whichever is lower) for thatPAL pollutant, but less than the amountthat

6-33would qualify the unit as a major emissions unit as defined in paragraph (b)(xv)(B) for the definition of"Major emissions unit" ofthis section. "Small

### emissions unit"means an emissions unitthat emits orhas the potential to emitthe PAL pollutant in an amount less than the significant level for that PALpollutant, as defined in the definition for "Significant" in Section 4(a) orin the Clean AirAct, whichever is lower. (C) PermitApplication Requirements. As part ofa permit application requesting a PAL, the owneror operator ofa major stationary source shall submitthe following information in paragraphs (b)(xv)(C)(I) through (III) ofthis section to the Division for approval. (I) A List ofAll Emissions Units atthe Source Designated as Small, SignificantorMajorBased on TheirPotential to Emit. In addition, the owner or operator ofthe source shall indicate which, ifany, Federal or State ofWyoming applicable requirements, emission limitations, orworkpractices apply to each unit. (II) Calculations ofthe Baseline Actual Emissions (With Supporting Documentation). Baseline actual emissions are to include emissions associated not onlywith operation ofthe unit, but also emissions associated with startup, shutdown, and malfunction. (III) The calculation procedures thatthe major stationary source owner oroperatorproposes to use to convertthe monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required byparagraph (b)(xv)(M)(I) ofthis section. (D) General Requirements ForEstablishing PALs. (I) The Division may establish a PAL at a major stationary source, providedthat at a minimum, the requirements in paragraphs (b)(xv)(D)(I)(l.) through (7.) ofthis section are met. (1.) The PAL shall impose an annual emission limitation in tons peryear, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period afterthe first 12 months ofestablishing a PAL, the major stationary source owner or operator shall show that the sum ofthe monthly emissions from each emissions unit underthe PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). Foreach month during the first 11 months from the PAL effective date, the major stationary source owneroroperator shall showthatthe sum ofthe preceding monthly emissions from the PAL effective date for each emissions unitunder the PAL is less than the PAL.

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### (2.) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (b)(xv)(E) ofthis section. (3.) The PAL permit shall contain all the requirements ofparagraph (b)(xv)(G) ofthis section. (4.) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit orhave the potential to emitthe PALpollutant at the major stationary source. (5.) Each PAL shall regulate emissions ofonly one pollutant. (6.) Each PAL shall have a PAL effective period of 10 years. (7.) The owner oroperator ofthe major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs (b)(xv)(L) through (N) ofthis section for each emissions unit under the PAL through the PAL effective period. (II) At no time (during orafter the PAL effective period) are emissions reductions ofa PAL pollutantthat occurduring the PAL effective period creditable as decreases for purposes ofoffsets under40 CFRpart 51.165(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthePAL. (E) Public Participation Requirements For PALs. PALs for existing major stationary sources shall be established, renewed, orincreased, through a procedure that is consistent with Chapter 6, Section 2. This includes the requirementthat the Division provide the public with notice ofthe proposed approval ofa PALpermit and at least a 30-dayperiod for submittal ofpublic comment. The Division must address all material comments before taking final action on the permit. (F) Settingthe 10-Year Actuals PAL Level. (I) 

### Except as provided in paragraph (b)(xv)(F)(II) ofthis section, the actuals PAL level for a major stationary source shall be established as the sum ofthe baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under the definition of"Significant" in Section 4(a) orunder the Clean AirAct, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24- month period mustbe used to determine the baseline actual emissions for all existing emissions units; however, a different consecutive 24-month period may be used for each

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### different PAL pollutant. Emissions associated with units that were permanently shut down afterthis 24-month period must be subtracted from the PAL level. The Division shall specify a reduced PAL level(s) (in tons/yr) in the PALpermitto become effective on the future compliance date(s) ofany applicable Federal or State ofWyoming regulatory requirement(s) thatthe Division is aware ofpriorto issuance ofthe PAL permit. For instance, ifthe source owneroroperator will be required to reduce emissions from industrial boilers in halffrom baseline emissions of60 ppm

### NOx to a new rule limit of30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by halfofthe original baseline emissions ofsuch unit(s). (II) Fornewly constructed units (which do not include modifications to existing units) on which actual construction began afterthe 24-month period, in lieu ofadding the baseline actual emissions as specified in paragraph (b)(xv)(F)(I) ofthis section, the emissions must be added to the PAL level in an amount equal to the potential to emit ofthe units. (G) Contents ofthe PAL Permit. The PAL permit shall contain, at a minimum, the information in paragraphs (b)(xv)(G)(I) through (X) ofthis section. (I) The PAL pollutant and the applicable source-wide emission limitation in tons peryear. (II) The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). (III) Specification in the PALpermitthat ifa major stationary source owner or operator applies to renew a PAL in accordance with paragraph (b)(xv)(J) ofthis section before the end ofthe PAL effective period, then the PAL shall not expire at the end ofthe PAL effective period. It shall remain in effect until a revised PALpermit is issued by the Division. (IV) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. (V) A requirement that, once the PAL expires, the major stationary source is subject to the requirements ofparagraph (b)(xv)(I) ofthis section. (VI) The calculation procedures that the major stationary source owner oroperator shall use to convertthe monitoring system datato monthly emissions and annual emissions based on a 12-monthrolling total for each month as required byparagraph (b)(xv)(C)(I) ofthis section. (VII) A requirementthat the major stationary source owner or operator monitor all emissions units in accordance with the provisions underparagraph (b)(xv)(M) ofthis section.

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### (VIII) A requirement to retain the records required under paragraph (b)(xv)(M) ofthis section on site. Such records may be retained in an electronic format. (IX) 

### A requirement to submitthe reports required under paragraph (b)(xv)(N) ofthis section by the required deadlines. (X) 

### Any otherrequirements thatthe Division deems necessary to implement and enforce the PAL. (H) 

### PAL Effective Period and Reopening ofthe PAL Permit. (I) 

### PAL Effective Period. The PAL effective period shall be 10 years. (II) 

### Reopening ofthe PAL Permit. (1.) 

### Duringthe PAL effective period, the Division shall reopen the PAL permitto:

a. Correcttypographical/calculation errors made in setting the PAL orreflect a more accurate determination ofemissions used to establish the PAL; b. Reduce the PAL ifthe owneroroperator ofthe major stationary source creates creditable emissions reductions for use as offsets under 40 CFR part 51.165(a)(3)(ii); and

c. Revise the PAL to reflect an increase in the PAL as provided underparagraph (b)(xv)(K) ofthis section. (2.) 

### The Division may reopen the PALpermit for the following:

a. Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date; b. Reduce the PAL consistent with any otherrequirement, that is enforceable as a practical matter, and that the Division may impose onthe major stationary source; and

c. Reduce the PAL ifthe Division determines that a reduction is necessary to avoid causing orcontributingto a NAAQS or

6-37PSD incrementviolation, orto an adverse impact on an AQRV that has been identified for a Federal Class I Area by a Federal Land Manager and for which information is available to the general public. (3.) Except for the permitreopening in paragraph (b)(xv )(H)(II)(1.)a. ofthis section for the correction oftypographicaVcalculation errors that do not increase the PAL level, all reopenings shall be carried out in accordance with the public participation requirements ofparagraph (b)(xv)(E) ofthis section. (I) Expiration ofa PAL. Any PALthat is not renewed in accordance with the procedures in paragraph (b)(xv)(J) ofthis section shall expire atthe end ofthe PAL effective period, and the requirements in paragraphs (b)(xv)(I)(I) through (V) ofthis section shall apply. (I) Each emissions unit (or each group ofemissions units) that existed underthe PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (b)(xv)(I)(I)(l.) and (2.) ofthis section. 

### (1.) Withinthe time frame specified for PAL renewals in paragraph (b)(xv)(J)(II) ofthis section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group ofemissions units, ifsuch a distribution is more appropriate as decided bythe Division) by distributing the PAL-allowable emissions for the major stationary source among each ofthe emissions units that existed under the PAL. lfthe PAL had notyet been adjusted for an applicable requirementthatbecame effective during the PAL effective period, as required under paragraph (b)(xv)(J)(V) ofthis section, such distribution shall be made as ifthePAL had been adjusted. (2.) The Division shall decide whether and howthe PAL-allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, oreach group ofemissions units, as the Division determines is appropriate. (II) Each emissions unit(s) shall comply withthe allowable emission limitation on a 12-monthrolling basis. The Division may approve the use of monitoring systems (source testing, emission factors, etc.) otherthan CEMS, CERMS, PEMS or CPMS to demonstrate compliance withthe allowable emission limitation. (Ill) Until the Division issues the revisedpermit incorporating allowable limits for each emissions unit, oreach group ofemissions units, as required underparagraph (b)(xv)(I)(I)(2.) ofthis section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalentto the level ofthe PAL emission limitation.

6-38(IV) Anyphysical change orchange in the method of operation atthe major stationary source will be subjectto Chapter 6, Section 4 requirements ifsuch change meets the definition of"Majormodification" in Section 4(a). (V) The major stationary source owner or operator shall continue to complywith any State ofWyoming orFederal applicable requirements (BACT, RACT, NSPS, etc.) that mayhave applied eitherduring the PAL effective period orpriorto the PAL effective period except for those emission limitations that had been establishedpursuantto paragraph (b)(i)(G) ofthis section, butwere eliminated bythe PAL in accordance with the provisions in paragraph (b)(xv)(A)(II)(3.) ofthis section. (J) Renewal ofa PAL. (I) The Division shall follow the procedures specified in paragraph (b)(xv)(E) ofthis section in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, anyperson may propose a PAL level for the source for consideration bythe Division. (II) Application Deadline. A major stationary source owner oroperator shall submit a timely application to the Division to request renewal of a PAL. A timely application is one that is submitted at least 6 monthspriorto, butnot earlierthan 18 months from, the date ofpermit expiration. This deadline for application submittal is to ensure thatthe permitwill notexpire before the permit is renewed. Ifthe owner oroperator ofa major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permitwith the renewed PAL is issued. (Ill) Application Requirements. The application to renew a PALpermit shall contain the information required in paragraphs (b)(xv)(J)(III)(l.) through (4.) ofthis section. 

### (1.) The information required in paragraphs (b)(xv)(C)(I) through (III) ofthis section. (2.) A proposed PAL level. (3.) The sum ofthe potential to emitofall emissions units underthe PAL (with supporting documentation). (4.) Any other information the owneroroperator wishes the Divisionto consider in determiningthe appropriate level for renewing the PAL.

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### (IV) PAL Adjustment. In determining whether and howto adjustthe PAL, the Division shall considerthe options outlined in paragraphs (b)(xv)(J)(IV)(l.) and (2.) ofthis section; however, in no case may any such adjustment fail to comply with paragraph (b)(xv)(J)(IV)(3.) ofthis section. (1.) Ifthe emissions level calculated in accordance with paragraph (b)(xv)(F) ofthis section is equal to or greaterthan 80 percent ofthe PAL level, the Division may renew the PAL at the same level without consideringthe factors set forth in paragraph (b)(xv)(J)(IV)(2.) ofthis section; or (2.) The Division may setthe PAL at a level that it determines to be more representative ofthe source'sbaseline actual emissions, orthat it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward orencourage the source's voluntary emissions reductions, or other factors as specifically identified by the Division in its written rationale. (3.) Notwithstandingparagraphs (b)(xv)(J)(IV)(1.) and (2.) ofthis section:

a. Ifthe potential to emit ofthe major stationary source is less than the PAL, the Division shall adjust the PALto a level no greater than the potential to emitofthe source; and b. The Division shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions ofparagraph (b)(xv)(K) ofthis section (increasing a PAL). (V) Ifthe compliance date for a State ofWyoming or Federal requirement that applies to the PAL source occurs during the PAL effective period, and ifthe Division has not already adjusted for such requirement, the PAL shall be adjusted atthe time ofPAL permit renewal or Chapter 6, Section 3 operatingpermit renewal, whichever occurs first. (K) Increasing a PAL Duringthe PAL Effective Period. (I) 

### The Division may increase a PAL emission limitation only ifthe major stationary source complies with the provisions in paragraphs (b)(xv)(K)(I)(l.) through (4.) ofthis section. (1.) The owneroroperator ofthe major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal orexceed its PAL.

6-40(2.) Aspart ofthis application, the major stationary source owneroroperator shall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions ofthe significant and majoremissions units assuming application ofBACTequivalentcontrols, plus the sum ofthe allowable emissions ofthe new ormodified emissions unit(s), exceeds the PAL. The level ofcontrol that would result from BACTequivalent controls on each significant ormajoremissions unit shall be determined by conducting a new BACT analysis atthe time the application is submitted, unless the emissions unit is currentlyrequired to complywith a BACTorLAERrequirement that was established within the preceding I0 years. In such a case, the assumed control level forthat emissions unit shall be equal to the level ofBACTorLAERwith which that emissions unit must currently comply. (3.) The owner oroperator obtains a Chapter 6, Section 4 permit for all emissions unit(s) identified in paragraph (b)(xv)(K)(I)(l.) ofthis section, regardless ofthe magnitude ofthe emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall complywith any emissions requirements resulting from the Chapter 6, Section4 process (forexample, BACT), even though they have also become subjectto the PAL orcontinue to be subjectto the PAL. (4.) The PALpermit shall require thatthe increased PAL level shall be effective onthe day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emitthe PALpollutant. (II) The Division shall calculate the new PAL as the sum ofthe allowable emissions for each modified ornew emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and majoremissions units (assuming application ofBACTequivalent controls as determined in accordance with paragraph (b)(xv)(K)(I)(2.) ofthis section), plus the sum ofthe baseline actual emissions ofthe small emissions units. (III) The PALpermit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofparagraph (b)(xv)(E) of this section. (L) Monitoring Requirements for PALs. (I) General Requirements. 

### (1.) Each PALpermitmustcontain enforceable requirements for the monitoring system that accurately determines plantwide emissions ofthePALpollutant in terms ofmass perunit oftime. Any monitoring system authorized for use in the PALpermit must bebased on sound science and meetgenerally acceptable scientificprocedures for data quality and manipulation. Additionally, the

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### information,generated by such system must meet minimum legal requirements for admissibility in ajudicial proceedingto enforce the PALpermit. (2.) The PAL monitoring system must employ one or more ofthe four general monitoring approaches meeting the minimum requirements setforth in paragraphs (b)(xv)(L)(II)(l.) through (4.) ofthis section and mustbe approved bythe Division. (3.) Notwithstandingparagraph (b)(xv)(L)(I)(2.) of this section, you may also employ an alternative monitoring approach that meets paragraph (b)(xv)(L)(1)(1.) ofthis section ifapproved by the Division. (4.) Failureto use a monitoring system that meets the requirements ofthis section renders the PAL invalid. (II) Minimum Performance Requirements For Approved Monitoring Approaches. The following are acceptable general monitoring approaches when conducted in accordance withthe minimum requirements in paragraphs (b)(xv)(L)(III) through (IX) ofthis section: (1.) Mass balance calculations for activities using coatings or solvents; (2.) CEMS; (3.) CPMS orPEMS; and (4.) Emission factors. (III) Mass Balance Calculations. An owner oroperator using mass balance calculations to monitor PALpollutantemissions from activities using coating or solvents shall meetthe following requirements: (1.) Provide a demonstrated means ofvalidating the published content ofthe PALpollutantthat is contained in orcreated by all materials used in or at the emissions unit; (2.) Assume thatthe emissions unit emits all ofthe PAL pollutantthat is contained in orcreated by any raw material orfuel used in orat the emissions unit, ifit cannot otherwise be accounted for in the process; and (3.) Where the vendor ofa material orfuel, which is used in or at the emissions unit, publishes a range ofpollutantcontent from such material, the owner or operator mustuse the highestvalue ofthe range to calculatethe

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### PAL pollutantemissions unless the Division determines there is site-specific data or a site-specific monitoring program to support another content within the range. (IV) CEMS. An owner oroperator using CEMS to monitor PALpollutant emissions shall meetthe following requirements: (1.) CEMS must comply with applicable Performance Specifications found in 40 CFRpart 60, Appendix B; and (2.) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions unit is operating. (V) CPMS orPEMS. An 

### owner oroperator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: (1.) The CPMS orthe PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range ofoperation ofthe emissions unit; and (2.) Each CPMS orPEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Division, while the emissions unit is operating. (VI) Emission Factors. An owneroroperatorusing emission factors to monitor PAL pollutant emissions shall meet the following requirements: (1.) All emission factors shall be adjusted, if appropriate, to account for the degree ofuncertainty orlimitations in the factors' development; (2.) The emissions unit shall operate within the designated range ofuse for the emission factor, ifapplicable; and (3.) Iftechnicallypracticable, the owneror operator ofa significant emissions unit that relies on an emission factor to calculate PALpollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months ofPAL permit issuance, unless the Division determines that testing is not required. (VII) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during anyperiod oftime that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PALpermit.

6-43(VIII) Notwithstandingthe requirements in paragraphs (b)(xv)(L)(III) through (VIII) ofthis section, where an owneroroperator ofan emissions unit cannotdemonstrate a correlation betweenthe monitoredparameter(s) andthe PAL pollutantemissions rate at all operatingpoints ofthe emissions unit, the Division shall, at the time ofpermitissuance: 

### (l.) Establish default value(s) for determining compliance withthe PALbased onthe highestpotential emissions reasonably estimated at such operatingpoint(s); or (2.) Determine that operation ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PALpollutantemissions is a violation ofthe PAL. (IX) Re-validation. All data usedto establishthe PAL pollutantmustbe re-validated through performance testing or other scientifically valid means approved bythe Division. Suchtesting must occur at least once every 5 years after issuance ofthe PAL. (M) Recordkeeping Requirements. (I) The PALpermit shall require an owner oroperatorto retain a copy ofall records necessary to determine compliance with anyrequirement of paragraph (b)(xv) ofthis section and ofthe PAL, including a determination ofeach emissions unit's 12-monthrolling total emissions, for 5 years from the date ofsuch record. (II) The PALpermit shall require an owneror operatorto retain a copy ofthe following records, for the duration ofthe PAL effective periodplus 5 years: 

### (l.) A copy ofthe PAL permit application and any applications for revisions to the PAL; and (2.) Each annual certification ofcompliance pursuantto Chapter 6, Section 3 and the data relied on in certifyingthe compliance. (N) Reporting andNotification Requirements. The owneror operator shall submit semi-annual monitoring reports andpromptdeviation reports to the Division in accordance withthe applicable Chapter 6, Section 3 operatingpermit program. The reports shall meetthe requirements in paragraphs (b)(xv)(N)(I) through (III) ofthis section.

6-44(I) Semi-annual Report. The semi-annual report shall be submitted to the Division within 30 days ofthe end ofeach reportingperiod. This report shall containthe information required in paragraphs (b)(xv)(N)(I)(l.) through (7.) ofthis section. (1.) The identification ofowner and operator and the permitnumber. (2.) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuantto paragraph (b)(xv)(M)(I) ofthis section. (3.) All data relied upon, including, butnot limited to, any Quality Assurance or Quality Control data, in calculatingthe monthly and annual PALpollutant emissions. (4.) A list ofany emissions units modified or added to the major stationary source duringthepreceding 6-month period. (5.) The number, duration, and cause ofany deviations ormonitoring malfunctions (otherthan the time associated with zero and span calibration checks), and any corrective action taken. (6.) A notification ofa shutdown ofany monitoring system, whetherthe shutdown was permanent ortemporary, the reason for the shutdown, the anticipated date thatthe monitoring system will be fully operational orreplaced with anothermonitoring system, and whetherthe emissions unit monitored bythe monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutantorthe number determined bymethod included in the permit, as provided byparagraph (b)(xv)(L)(VII) ofthis section. (7.) A signed statement by the responsible official (as defined bythe applicable Chapter 6, Section 3 operatingpermitprogram) certifying the truth, accuracy, and completeness ofthe informationprovided in the report. (II) Deviation Report. The major stationary source owner oroperator shall promptly submit reports ofany deviations orexceedance ofthe PAL requirements, includingperiods where no monitoring is available. A report submitted pursuantto Chapter 6, Section 3(h)(i)(C)(III)(2.) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by Chapter 6, Section 3(h)(i)(C)(III)(2.). The reports shall contain the following information: (1.) The identification ofowner and operator and the permitnumber;

6-45(2.) The PAL requirementthat experiencedthe deviation orthat was exceeded; (3.) Emissions resulting from the deviation orthe exceedance;and (4.) A signed statementby the responsible official (as defined bythe applicable Chapter 6, Section 3 operatingpermitprogram) certifying the truth, accuracy, and completeness ofthe informationprovided inthe report. (III) Re-validation Results. The owner or operator shall submitto the Divisionthe results ofany re-validation test ormethod within three months after completion ofsuch test ormethod. (0) Transition Requirements. (I) The Division shall not issue a PALthat does not comply with the requirements in paragraphs (b)(xv)(A) through (0) ofthis section after the Administratorhas approved regulations incorporating these requirements into Chapter 6, Section 4. (II) The Division may supersede any PAL which was established prior to the date ofapproval ofthis regulation bythe Administrator ofEPA with a PALthat complies withthe requirements ofparagraphs (b)(xv)(A) through (0) of this section. (xvi) Ifany provision ofthis section, orthe application ofsuchprovision to any person or circumstance, is held invalid, the remainder ofthis section, orthe application ofsuch provisionto persons or circumstances otherthan those as to which it is held invalid, shall notbe affected thereby. (xvii) Transition: (A) The requirements for BACT in Chapter 6, Section 4(b)(ii) and the requirements for air quality analysis in Chapter 6, Section 4(b)(i) shall not applyto a major stationary source ormajor modificationthat was subjectto Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner oroperator ofthe source submitted an application for a permitunderthese regulations before August 7, 1980, and the Administrator subsequently determines thatthe application submittedbefore that date was complete. Instead, the requirements ofChapter 6, Section 4 as in effecton January 25, 1979, applyto any such source ormodification. (B) The requirements for air quality monitoring inparagraph (b)(i)(E) shall not apply to a particular source or modification that was subjectto Chapter 6, Section 4, as effective onJanuary 25, 1979, ifthe owner oroperator ofthe source or

6-46modification submits an application for a permit underthese regulations on orbefore June 8, 1981, and the Administrator subsequently determines thatthe application submitted before that date was complete with respect to the requirements for ambient air quality data analyses as in effect on January 25, 1979. Instead, the latterrequirements shall applyto such source ormodification. (C) The requirements for airquality monitoring inparagraph (b)(i)(E) shall not applyto a particular source ormodificationthat was not subjectto Chapter 6, Section 4, as effective on January 25, 1979, ifthe owneror operator ofthe source ormodification submits an application for a permit underthese regulations before June 8, 1981, and the Administrator subsequently determines thatthe application as submitted before that date was complete except with respect to the requirements in paragraph (b)(i)(F). (D) The requirements for airquality monitoring for PM 10 in paragraphs (b)(i)(E)(I) through (IV) ofthis section, effective February 13, 1989, shall not apply to a particular source ormodification, ifthe owner oroperator ofthe source or modification submits an application for a permit underChapter 6, Section 4 on orbefore June 1, 1988 and the Administrator subsequently determines that the application submitted before that date was complete, except with respect to the requirements for monitoring particulate matter. (E) The requirements for air quality monitoring ofPM 10 in paragraphs (b)(i)(E)(IV) through (b)(i)(E)(V) ofthis section, effective February 13, 1989, shall apply to a particular source ormodification if the owneror operator ofthe source or modification submits an application for a permit underthis section after June 1, 1988 and no laterthan December 1, 1988. The data shall have been gathered over at leastthe period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (b)(xvii)(G) ofthis section, exceptthat the Administrator mayprovide thatthe monitoringperiod specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered overthat shorterperiod of time. (F) For any application under this sectionthat becomes complete except as to the requirements ofparagraphs (b)(i)(E)(III) and (b)(i)(E)(IV) pertainingto PM 10, after December 1, 1988 and no laterthan August 1, 1989, the datathatparagraph (b)(i)(E)(III) requires will have been gathered overat least the period from August 1 , 1988 to the date the application becomes otherwise complete. The Administratormay provide that the monitoringperiod specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered overthat shorterperiod oftime. (G) With respect to any requirements for air quality monitoring of PM 10 specified under paragraphs (b)(xvii)(D) and (b)(xvii)(E) ofthis section, effective

6-47February 13, 1989, the owner or operator ofthe source ormodification shall use a monitoring method approved bythe Administrator and shall estimate the ambient concentrations ofPM10 using the data collected by such approved monitoring method in accordance with estimatingprocedures approved bythe Administrator. (H) The requirement to demonstrate compliance with the maximum allowable increment for nitrogen dioxide shall not apply to a major stationary source ormajor modification that was subjectto Chapter 6, Section 4, as effective on February 8, 1988, ifthe owner or operator ofthe source ormodification submits an application for a permit underthese regulations on orbefore October 30, 1990 and the Administrator subsequently determines thatthe application submitted before that date was complete. (I) The requirement to demonstrate compliance withthe maximum allowable increment for PM10 shall not applyto a major stationary source ormajor modification that was subjectto Chapter 6, Section 4, as effective onJune 3, 1993, ifthe owner oroperator ofthe source ormodification submits an application for a permitunder these regulations on orbefore the effective date ofthis regulation revision andthe Administrator subsequently determines thatthe application submitted before that date was complete. Instead, the requirementto demonstrate compliance withthe maximum allowable increment for TSP, as in effect atthe time the application was submitted, shall apply: Maximum Allowable Increments ofDeterioration

- J.lg/m3

Pollutant Class I Class II Particulate Matter: TSP, Annual geometric mean TSP, 24-hour maximum* 5 10 19 37 *Maximum allowable increment may be exceeded once peryear at any receptor site. (c) All national parks, national wilderness areas, and national memorial parks in Wyoming as ofJanuary 25, 1979, shall be designated Class I and may not be redesignated. All other areas ofthe State ofWyoming shall be designated Class II as of the effective date ofthis regulation. (d) Redesignation. All redesignation ofareas within the State ofWyoming shall be accomplished through the process ofestablishment ofStandards and Regulations set forth in the Wyoming Environmental QualityAct. (i) The following areas maybe redesignated only as Class I or Class II areas:

6-48(A) An area which exceeds 10,000 acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore; and (B) A national park ornational wilderness area which exceeds 10,000 acres in size and is established afterthe effective date ofthis regulation. 

### (ii) Except as provided in paragraph (c) above, any area maybe redesignated as Class I or II, with the approval ofthe Administrator ofthe Environmental Protection Agency, in accordance with the provisions ofparagraph (iii) below; provided, however, that lands within the exteriorboundaries ofreservations offederally recognized Indian tribes may be redesignated to any class, but only by the appropriate Indian governing body. (iii) (A) At least one public hearing must be held in accordance with the provisions for adoption ofregulations as set forth in the Administrative Procedures Act and the Wyoming Environmental QualityAct. (B) At least 30 days priorto the public hearing, a description and analysis ofthe health, environmental, economic, social and energy effects ofthe proposed redesignation shall be prepared and made available for public inspection. Any personpetitioningthe Department or Council to redesignate an area shall be responsible for preparing orsubmitting such description and analysis. Such persons shall also be responsible for revising this required documentationto the extentnecessary to satisfythe Administrator ofthe U.S. EPA. The notice ofthe public hearing shall contain appropriate notification ofthe availability ofthe description and analysis ofthe proposed redesignation. (C) Agencies from neighboring states, Indian governing bodies, Federal Land Managers, and local governments whose land maybe affected bythe proposed redesignation shall be notified at least 30 days priorto the hearing. (D) Priorto proposing a redesignation, the Division and the Air QualityAdvisoryBoard shall consult with the elected leadership oflocal and other substate general purpose governments in the area covered bythe redesignation. (E) Priorto public notice ofthe proposed redesignation the Division shall provide written notice to any Federal Land Managerwho may be responsible for any federal lands within the area proposed for such redesignation and shall afford adequate opportunity (but not in excess of60 days) to conferwith the State respecting the intended notice ofdesignation. The Federal Land Manager shall be offered the opportunityto submit written comments and recommendations with respect to such intended notice ofredesignation. In redesignating any area with respect to which the federal land managerhas submitted written comments and recommendations, the Division will publish a list ofany inconsistency between such redesignation and such

6-49 

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# I !.

### recommendation with an explanation ofsuch inconsistency (together with the reasons for making such redesignation againstthe recommendation ofthe Federal Land Manager). (F) The Council shall review and examine the description and analysis prepared pursuantto subparagraph (iii)(B) above priorto any redesignation. (iv) (A) Ifan area has been proposed for redesignation to a more stringent class, no permitto construct may be granted to a source which may cause an impact in the areaproposed for redesignation and for which an application to construct is received by the Division afterthe filing ofthe petition for redesignation withthe Environmental Quality Council until the proposed redesignation has been actedupon; however, approval may be granted if, in the Administrator'sjudgment,the proposed source would not violate the applicable increments ofthe proposed redesignation. Such approval shall be withheld only so long as in the Administrator'sjudgment, the petitioner is expeditiouslyproceedingtoward development ofthe "description and analysis" required under (iii)(B) above, and provided that such "description and analysis" is complete and submitted to the Council for action onthe petition within 18 months ofthe filing ofthe initial petition. Upon good cause shown, the Council may extend the foregoing deadline. (B) Where an application for a permitto construct a source has been received by the Division prior to the receipt by the Council ofa petition for redesignation ofan areato a more stringent class and where such source may cause an impact in the area proposed for redesignation, the permit application shall be processed considering the classification ofan areawhich existed at the time ofpermit application. Forpurposes ofestablishing apriority date underthis Chapter 6, Section 4(d)(vi)(B), (1) such permit application is not required to meet the provisions for completeness in Chapter 6, Section 2, and (2) the time frames in Chapter 6, Section 2(g) for action on applications shall not apply. However, a priority date established under Chapter 6, Section 4(d)(vi)(B), shall remain in effect only so long as in the Administrator'sjudgment, the applicant is expeditiously proceeding toward the development and submittal ofsuch other information and data as required to make the application complete underthe provisions ofChapter 6, Section 2, and provided that such other information and data is submittedto, andjudgedto be complete by the Administratorwithin 18 months ofthe filing ofthe initial permit application. Upon good cause shown, the Administrator may extend the foregoing deadline. Section 

### J3. Nonattainment permit requirements. 

### (a) 40 CFRpart 51.165 is herein iucomorated byrefereuce. jn its entiretv. with the exception ofparagraph <al and paragraph (al(1 ).

6-50Section 14. 

### lncorooratjon by 

### reference.

# :~=**~ liiit:n!iincf:Jlin~u:1:e!~:a~!i::::ised** 

# and

incomorated by refereuce. Copies oftheCode ofFederal Regulations are available for public inspection 

### and copiescan

### be obtained atcostfrom**~** Dc;partmept of Enviroomental Qualitv. Division ofAirOualitv. 122 W. 2S Street. Cheyenne. Wvoming 82002. Conies oftbeCFRs can also be obtained at cost from Government Institutes. 15200NBNWav. BuildingB, Blue Ridge Summit, PA 17214.

6-51Response to Comments for Air Quality Division Rulemakings Before the Environmental Quality Council (EQC) on October 5, 2012



### I. Basin Electric Power Cooperative, dated and received September 17, 2012 Comment Summary: Basin Electric supports the changes to the rule. Response: The Air QualityDivision (AQD) appreciates the support. 2. Wyoming Mining Association (WMA), dated and received September 17, 2012 Comment Summary: WMA supports the proposed rules in general. WMA recommends that the EQC adopt the rules as written. WMA provided an explanation ofthe State stakeholder process that provides current authority. Response: TheAQD appreciates the support. Comment Summary: WMA also has concerns with a future administration imposing fees on greenhouse gases and would like to incorporate wording in the Statement ofPrincipal Reasons that puts in writing that the Department ofEnvironmental Quality (DEQ) has no plans to collect fees for greenhouse gases. Response: John Carra, DEQ Director, has indicated publicallythat there are no plans to collect fees for greenhouse gas emissions. Furthermore, the legislation that has enabled the DEQ to go through the rulemaking process to allow for permitting ofgreenhouse gases restricts the Department from creating rules that are more stringent than federal rules on greenhouse gas permitting. Since the federal rules do not require fee collection for greenhouse gas permitting, the State would not be allowed to collect fees for these emissions either. The proposed rules are silent on the topic offee collection, butthe Department believes that the underlying legislation will prevent any fee collection in the foreseeable future. IfEPA decides to collect fees at a future date, it will take time for EPA to run through that public process, at which time DEQ and stakeholders will have an opportunityto discuss the issue further along with any budgeting concerns oftheDivision. 3. Petroleum Association ofWyoming (PAW), dated and received on September 17, 2012 Comment Summary: PAW supports the rule changes, particularlythose pertaining to greenhouse gases and nonattainment area regulations. Response: The AQD appreciates the support. Comment Summary: PAW also comments that it does not want the DEQ to collect fees for greenhouse gas emissions. Response: Please see response to WMA above on the subject offees.Response to Comments Before the EQC October 5, 2012 Page2

Comment Summary: PAW supports the Division's changes to Chapter 8 to align State General ConformityRules with the federal General Conformity Rules. In particular, PAW is very supportive ofthe changes in Section 3(k)(i)(C) and Section 3(n). Response: The AQD appreciates the support. Comment Summary: PAW suggests a wording change in Chapter 8, Section 3(o)(iii)(C), which says that emission credits must be used in the same yearthey are generated. PAW would like to change that to "within 12 months ofbeing generated and approved bythe state." Response: While the AQD appreciates PAW's concern, it is extremely difficult to change wording in a federal rule and get it approved into the SIP. Rather than make a change to the rule language that couldjeopardizethe approval ofthe rule, the AQD could address this issue of timing through guidance at a later date when this feature ofthe rule might be used. Furthermore, this rule will apply to all future nonattainment areas in the state, notjustthe Upper Green, so it is difficult to assess whether fighting for such a change would be in the State's best interest in the long run. Finally, while the AQD agrees that there is a lot ofmerit to an emission credit system to deal with emissions in nonattainment areas, trying to create such a system within the context ofgeneral conformity might be problematic since a Federal agency, not the AQD, would be the lead agency. 4. Black Hills Corporation, dated September 19, 2012, received September 20, 2012 Comment Summary: Black Hills Corporation supports the proposed greenhouse gas regulations because it would prefer permitting actions take place through the State agency since dual permitting is a complicated and longer process without any kind oflocal appeals process. Black Hills also cited project operations and cost control for customers as important reasons for Wyoming getting primacy for permitting back. Response: The AQD appreciates the support. 5. USDA- Forest Service, dated September27, 2012, received by internet unsigned September 27,2012 Comment Summary: The Forest Service supports changes to Chapter 8, Section 3 on General Conformity to help streamline conformity decisions that the Forest Service is required to make. Response: The AQD appreciates the support. 

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### FOR INCLUSION INWYOMING STATE IMPLEMENTATIONPLAN FROMWYOMINGAIR QUALITY STANDARDS AND REGULATIONS

Common Provisions 

### CHAPTER! Section 3. Definitions. (a) The definitions contained in Section 35-502.3, Wyoming Environmental Quality Act shall be applicable, where appropriate. The following terms as used in these standards and regulations shall, unless the context otherwise requires, have the following meanings:**'~dministrator"** means Administrator ofthe Division ofAir Quality, Wyoming Department ofEnvironmental Quality.**'~ir** 

### contaminant" shall mean dust, fumes, mist, smoke, other particulate matter, vapor, gas or any combination ofthe foregoing, but shall not include steam or water vapor.**'~ir**

### pollution" shall mean the presence in the outdoor atmosphere ofone ormore air contaminants in such quantities and duration as is materially injurious to human health or welfare, animal orplant life or property, or unreasonably interferes with the enjoyment oflife or property.**'~nimal**

### matter" shall mean any product or derivative ofanimal life. 

### "Board" shall mean the Air Quality Advisory Board. 

### "Controlequipment" shall mean any device, contrivance, or system which prevents or reduces emissions. 

### "Control officer" shall mean the Director ofthe State Department of Environmental Quality, orthe Administrator ofthe Air Quality Division, or any employee ofthe Division designated by the Administrator, or any local health officer or employee designated by the Administrator. 

### "Council" shall mean the Environmental Quality Council. 

### "Department" shall mean the Wyoming Department ofEnvironmental Quality. 

### "Director" shall mean the Director ofthe Wyoming Department of Environmental Quality.

1-1

### "Division" shall mean the Air Quality Division, Wyoming Department of Environmental Quality. 

### "Emission" shall mean a release into the outdoor atmosphere ofair contaminants. 

### "Equivalentmethod" shall mean any procedure, practice, policy, system or device which can be demonstrated to produce a result adequate for the purpose required in these regulations and consistent with specified reference methods. 

### "Existing equipment" shall mean equipment installed priorto the effective date ofan applicable regulation. 

### "Existingsource"means any stationary or portable source otherthan a new source. 

### "Facility" shall mean any property, real orpersonal, which may incorporate one or more sources ofair pollution and shall include but not be limited to processing plants, manufacturing plants, power generator plants, refining plants, mining operations, lumber mills, ore processing plants, construction material processing operations, etc. 

### "Fuelburning equipment" shall mean any furnace, boiler apparatus, stack, or appurtenances thereto used in the process ofburning fuel or other combustible material for the purpose ofproducing heat or power by indirect heat transfer.**~~Greenhouse**

### gases (GHGs)" means the air pollutant defined as the aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. 

### "Incinerator" shall mean any equipment, device or contrivance used for the destruction ofgarbage, rubbish or other wastes by burning, but not wood wastes burned in devices commonly called tepee burners, silos, truncated cones, wigwam burners and other such burners used commonly by the wood products industry. 

### "Initialstart-up" shall mean that point in time when a source or group ofsources actually begins operation for the purpose ofgenerating goods or services as an end product or as an intermediate product. Start-up ofa source to check functional operation ofthe "machinery" shall not be construed as initial start-up. 

### "Installation" shall mean any property, real orpersonal, including but not limited to processing equipment, manufacturing equipment, fuel burning equipment, incinerators, or any other equipment, orconstruction, capable ofcreating or causing emissions. 

### "Maximum designproduction rate" shall mean the maximum production rate at which a source is designed for continuous or batch operation and for which the permit is applied.

1-2

### "Modification" shall mean any physical change in, orchange in the method of operation of, an affected facility which increases the amount ofany air pollutant (to which any state standards applies) emitted by such facility orwhich results in the emission ofany such air pollutant not previously emitted. 

### "Motor vehicle" shall mean those vehicles carrying people or goods on public streets orhighways.**~~Multiple** 

### chamber incinerator" shall mean any article, machine, equipment, contrivance, structure orpart ofa structure used to dispose ofcombustible refuse by burning, consisting oftwo or more combustion furnaces in series physically separated by walls, interconnected by gas passage ports or ducts and employing adequate parameters necessary for maximum combustion ofthe material to be burned. 

### "New equipment" shall mean: (i) Any equipment, installation, construction article, machine or contrivance ordered, constructed or installed after the effective date ofan applicable regulation; (ii) Any equipment replaced or altered or processes changed in such a manner after the effective date ofan applicable regulation as to have an effect of increasing the production ofair contaminants; (iii) Any equipment moved after the effective date ofthis regulation to another premise involving a change ofaddress when said move will cause orwould be expected to cause an increase in the production ofair contaminants; (iv) Any equipment purchased and to be operated after the effective date ofthis regulation by a new owner or when a new lessee desires to operate such equipment. 

### "New source" shall mean any stationary or portable source, the construction or modification ofwhich is commenced after the effective date ofregulations prescribing a standard ofperformance applicableto such source. 

### "Odor" shall mean that property ofan emission which stimulates the sense of smell. 

### "Open burning" shall mean a fire where any material is burned in the open or in a receptacle otherthan a furnace, incinerator, or other equipment connected to a stack or chimney.

1-3

### "Owneroroperator" shall mean any person who owns, leases, operates, controls, or supervises a facility, building, structure, or installation which directly or indirectly result or may result in emissions ofany air contaminant. 

### "Particulate matter": (i) "Particulate matter" shall mean any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than I00 micrometers. (ii) "Particulate matter emissions" shall mean all finely divided solid or liquid material, otherthan uncombined water, emitted to the ambient air as measured by applicable reference methods, specified in 40 CFR part 60, Appendix A. (iii) "PM 10" shall mean particulate matter with an aerodynamic diameter less than orequal to a nominal I0 micrometers as measured by a reference method based on Appendix Jof40 CFR part 50, and designated in accordance with 40 CFR part 53. (iv) "PM10 emissions" shall mean finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal I0 micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method approved by the Administrator. (v) "Total suspended particulates (TSP)" shall mean particulate matter as measured by the method described in Appendix B to 40 CFRpart 50. 

### "Person" means any individual, partnership, firm, association, municipality, public or private corporation, sub-division or agency ofthe state, trust, estate or any other legal entity. 

### "Premises" shall mean any property, piece ofland orreal estate or building. 

### "Process weight" shall mean the total weight ofall materials introduced into any specific process which may cause emissions. Solid fuels charged will be considered as part ofthe process weight but liquids and gaseous fuels, combustion air, and water will not. However, water included as part ofthe normal charge to a beet pulp dryer process shall be considered as part ofthe process weight. 

### "Reduction" shall mean any heated process, including rendering, cooking, drying, dehydrating, digesting, evaporating, and protein concentrating. 

### "Salvage operation" shall mean any operation conducted in whole or in part for the salvaging orreclaiming ofany product ormaterial. 

### "Source" shall mean any property, real or personal, or person contributingto air pollution.

I-4

### "Stack orchimney" shall mean any flue, conduit or duct arranged to conduct emissions. 

### "Standardconditions" shall mean a temperature of68° Fahrenheit and pressure reduced to 29.92 inches ofmercury at sea level. 

### "Trade wastes" shall mean solid, liquid, or gaseous material resulting from construction or the prosecution ofany business, trade or industry, or any demolition operation including but not limited to wood, plastics, cartons, grease, oil, chemicals and cinders.

### "Woodwaste burners" shall mean devices commonlycalled tepee burners, silos, truncated cones, wigwam burners, and other such burners commonly used by the wood product industry for the disposal byburning ofwood wastes. Section 7. Greenhouse gases. (a) Sources that directly emit, or have the potential to emit the pollutant Greenhouse Gases (GHGs) shall be subject to operating permit requirements as specified in Chapter 6, Section 3, and subject to prevention ofsignificant deterioration (PSD) permit requirements as specified in Chapter 6, Section 4. (b) Notwithstanding the requirements ofChapter 6, Section 2(a)(i) and (iii), a preconstruction permit under Chapter 6, Section 2 is not required for the pollutant Greenhouse Gases (GHGs) unless the facility or source is also required to obtain a permit for GHGs under Chapter 6, Section 4.

1-5

### REDLINE/STRIKEOUT VERSION FORINFORMATIONAL PURPOSES ONLY

Common Provisions 

### CHAPTER I Section 3. Definitions. Draft 618/11

(a) The definitions contained in Section 35-502.3, Wyoming Environmental Quality Act shall be applicable, where appropriate. The following terms as used in these standards and regulations shall, unless the context otherwise requires, have the following meanings: 

### ''Administrator" means Administrator ofthe Division ofAir Quality, Wyoming Department ofEnvironmental Quality. 

### ''Air contaminant" shall mean dust, fumes, mist, smoke, other particulate matter, vapor, gas or any combination ofthe foregoing, but shall not include steam orwater vapor. 

### "Airpollution" shall mean the presence in the outdoor atmosphere ofone ormore air contaminants in such quantities and duration as is materially injurious to human health or welfare, animal or plant life or property, or unreasonably interferes with the enjoyment oflife or property. 

### ''Animalmatter" shall mean any product or derivative ofanimal life. 

### "Board" shall mean the Air Quality Advisory Board. 

### "Control equipment"shall mean any device, contrivance, or system which prevents orreduces emissions. 

### "Control officer" shall mean the Director ofthe State Department of Environmental Quality, or the Administrator ofthe Air Quality Division, or any employee ofthe Division designated bythe Administrator, or any local health officer or employee designated by the Administrator. 

### "Council" shall mean the Environmental Quality Council. 

### "Department" shall mean the Wyoming Department ofEnvironmental Quality. 

### "Director" shall mean the Director ofthe Wyoming Department of Environmental Quality.

1-1Draft618/12



### "Division" shall mean the Air Quality Division, Wyoming Department of Environmental Quality. 

### "Emission" shall mean a release into the outdoor atmosphere ofair contaminants. 

### "Equivalentmethod" shall mean any procedure, practice, policy, system or device which can be demonstrated to produce a result adequate for the purpose required in these regulations and consistent with specified reference methods. 

### "Existing equipment" shall mean equipment installed prior to the effective date ofan applicable regulation. 

### "Existingsource" means any stationary or portable source otherthan a new source. 

### ttFacility" shall mean any property, real or personal, which may incorporate one or more sources ofair pollution and shall include but not be limited to processing plants, manufacturing plants, power generator plants, refining plants, mining operations, lumber mills, ore processing plants, construction material processing operations, etc. 

### ttFuelburning equipment" shall mean any furnace, boiler apparatus, stack, or appurtenances thereto used in the process ofburning fuel orother combustible material for the purpose ofproducing heat or power by indirect heat transfer. 

### "Greenhouse gasesfGHGs)" meagsthe airpollutagt defined asthe aggregate grouo of

## six greenbouse gases; carbon dioxide. nitrous gxide. methape. bydrofluorocarbons. perfluorocarbons. and sulfurbexafluoride. 

### ttlncinerator" shall mean any equipment, device or contrivance used for the destruction ofgarbage, rubbish or other wastes by burning, but not wood wastes burned in devices commonly called tepee burners, silos, truncated cones, wigwam burners and other such burners used commonly by the wood products industry. 

### ttlnitialstart-up" shall mean that point in time when a source or group ofsources actually begins operation for the purpose ofgenerating goods or services as an end product or as an intermediate product. Start-up ofa source to check functional operation ofthe "machinery" shall not be construed as initial start-up. 

### ttlnstallation" shall mean any property, real or personal, including but not limited to processing equipment, manufacturing equipment, fuel burning equipment, incinerators, or any other equipment, orconstruction, capable ofcreating or causing emissions. 

### "Maximum designproduction rate" shall mean the maximum production rate at which a source is designed for continuous orbatch operation and for which the permit is applied.

1-2Draft 6/8/12



### "Modification" shall mean any physical change in, or change in the method of operation of, an affected facility which increases the amount ofany air pollutant (to which any state standards applies) emitted by such facility orwhich results in the emission ofany such air pollutant not previously emitted. 

### "Motor vehicle" shall mean those vehicles carrying people or goods on public streets or highways. 

### "Multiple chamber incinerator" shall mean any article, machine, equipment, contrivance, structure or part ofa structure used to dispose ofcombustible refuse by burning, consisting oftwo or more combustion furnaces in series physically separated by walls, interconnected by gas passage ports or ducts and employing adequate parameters necessary for maximum combustion ofthe material to be burned. 

### "New equipment" shall mean: (i) Any equipment, installation, construction article, machine or contrivance ordered, constructed or installed after the effective date ofan applicable regulation; (ii) Any equipment replaced or altered or processes changed in such a manner afterthe effective date ofan applicable regulation as to have an effect of increasing the production ofair contaminants; (iii) Any equipment moved after the effective date ofthis regulation to another premise involving a change ofaddress when said move will cause or would be expected to cause an increase in the production ofair contaminants; (iv) Any equipment purchased and to be operated afterthe effective date ofthis regulation by a new owner or when a new Jessee desires to operate such equipment. 

### "New source" shall mean any stationary or portable source, the construction or modification ofwhich is commenced after the effective date ofregulations prescribing a standard ofperformance applicable to such source. 

### "Odor" shall mean that property ofan emission which stimulates the sense of smell. 

### "Open burning" shall mean a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator, or other equipment connected to a stack or chimney.

1-3Draft618112



### "Owner oroperator" shall mean any person who owns, leases, operates, controls, or supervises a facility, building, structure, or installation which directly or indirectly result or may result in emissions ofany air contaminant. 

### "Particulate matter": (i) "Particulate matter" shall mean any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 1 00 micrometers. (ii) "Particulate matter emissions" shall mean all finely divided solid or liquid material, otherthan uncombined water, emitted to the ambient air as measured by applicable reference methods, specified in 40 CFR part 60, Appendix A. (iii) "PM 10" shall mean particulate matter with an aerodynamic diameter less than orequal to a nominal 1 0 micrometers as measured by a reference method based on Appendix 1of40 CFRpart 50, and designated in accordance with 40 CFRpart 53. (iv) "PM 10 emissions" shall mean finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method approved by the Administrator. (v) "Total suspended particulates (TSP)" shall mean particulate matter as measured by the method described in Appendix B to 40 CFRpart 50. 

### "Person" means any individual, partnership, firm, association, municipality, public or private corporation, sub-division or agency ofthe state, trust, estate or any other legal entity. 

### "Premises" shall mean any property, piece ofland orreal estate or building. 

### "Process weight" shall mean the total weight ofall materials introduced into any specific process which may cause emissions. Solid fuels charged will be considered as part ofthe process weight but liquids and gaseous fuels, combustion air, and water will not. However, water included as part ofthe normal charge to a beet pulp dryer process shall be considered as part ofthe process weight. 

### "Reduction" shall mean any heated process, including rendering, cooking, drying, dehydrating, digesting, evaporating, and protein concentrating. 

### "Salvage operation" shall mean any operation conducted in whole or in part for the salvaging orreclaiming ofany product or material. 

### "Source" shall mean any property, real or personal, or person contributing to air pollution.

1-4Draft 618112



### "Stack orchimney" shall mean any flue, conduit or duct arranged to conduct emissions. 

### "Standardconditions" shall mean a temperature of68° Fahrenheit and pressure reduced to 29.92 inches ofmercury at sea level. 

### "Trade wastes" shall mean solid, liquid, or gaseous material resulting from construction or the prosecution ofany business, trade or industry, or any demolition operation including but not limited to wood, plastics, cartons, grease, oil, chemicals and cinders.

### "Woodwaste burners" shall mean devices commonly called tepee burners, silos, truncated cones, wigwam burners, and other such burners commonly used bythe wood product industry for the disposal by burning ofwood wastes. Section 7. Greenhouse gases. <a) Sourcesthatdirectly emit. orhayethepotential toemitthepollutant Qreenhouse Gases <QHGs) shall be Subjectto operatingpermitrequirementS as specified in Chapter

### 6, Section 3. and subject

### to preyeption ofsignificant deterioratjon <PSD> permitrequirements as specified in Chapter6. Section4. (b) Ngtwithstapdingthe requirements 

### gf Chapter 

### 6, Section 2(a)(i) and <iiil. a preconstructjgnpermitunder Chaoter 6, Sectign 2 is notrequired for the pgllutant Greenhguse Gases <GHGs) unless

### the facility or sgurce is alsg requiresi 

### to obtain a permit for GHGs under Chapter

### 6, Section 4.

1-5

### FORINCLUSIONIN WYOMING STATE IMPLEMENTATION PLAN FROMWYOMING AIR QUALITY STANDARDS AND REGULATIONS

PermittingRequirements CHAPTER6 Section 4. 

### Prevention ofsignificantdeterioration. (a) Definitions. For purposes ofthis section: 

### "Actualemissions" means the actual rate ofemissions ofa regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (i) through (iii) ofthis definition, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under paragraph (b)(xv) ofthis section. Instead, the definitions for "Projected actual emissions" and "Baseline actual emissions" ofthis section shall apply for those purposes. (i) In general, actual emissions as ofa particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative ofnormal source operation. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored, or combusted during the selected time period. (ii) The Division may presume that source-specific allowable emissions for the unit are equivalentto the actual emissions ofthe unit. (iii) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit on that date. 

### "Administrator"means Administrator ofthe Division ofAir Quality, Wyoming Department ofEnvironmental Quality. 

### "Allowable emissions" means the emission rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to enforceable permit conditions which limit the operating rate or hours ofoperation, or both) and the most stringent ofthe following:

6-1(i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these regulations and other new source performance standards and national emission standards for hazardous airpollutants promulgated by the EPA but not yet adopted by the State ofWyoming. (ii) Any other applicable emission limit in these regulations. (iii) The emission rate agreed to by the owner or operator as an enforceable permit condition. 

### "Baseline actualemissions"means the rate ofemissions, in tons per year, ofa regulated NSRpollutant, as determined in accordance with paragraphs (i) through (iv) of this definition. (i) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons peryear, at which the unit actually emitted the pollutant during any consecutive 24-month period selected bythe owner or operator within the 5-year period immediately preceding when the owner oroperator begins actual construction ofthe project. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) For a regulated NSRpollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. (D) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired byparagraph (i)(B) ofthis definition. (ii) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding eitherthe date the owner or operator begins actual construction ofthe project, orthe date a complete permit application is received by the Division for a Chapter 6, Section 4

6-2permit, whichever is earlier, except that the 1 0-year period shall not include any period earlierthan November 15, 1990. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period; however, ifan emission limitation is part ofa maximum achievable control technology standard that the EPA Administrator proposed or promulgated under 40 CFR 63, the baseline actual emissions need only be adjusted ifthe Division has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of40 CFR 51.165(a)(3)(ii)(G). (D) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSRpollutant. (E) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by paragraphs (ii)(B) and (C) ofthis definition. (iii) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (iv) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (i) ofthis definition, for other existing emissions units in accordance with the procedures contained in paragraph (ii) ofthis definition, and for a new emissions unit in accordance with the procedures contained in paragraph (iii) ofthis definition. 

### "Baseline area" means any intrastate area (and every part thereof) designated as attainment or unclassifiable under the Federal Clean Air Act in which a major source or major modification establishing the minor source baseline date would construct orwould

6-3have an air quality impact for the pollutant for which the baseline date is established as follows: Equal to or greater than 1 flg/m3 (annual average) for S02, N02, or PM10; or equal to or greater than 0.3 Jlg/m3 (annual average) for PM2.5• (i) The following baseline areas have been designated as separate particulate matter attainment areas under section 107 ofthe Clean Air Act: (A) The Powder River Basin Area, described as that area bounded by Township 40 through 52 North, and Range 69 through 73 West, inclusive ofthe Sixth Principal Meridian, Campbell and Converse Counties, excluding the areas defined as the Pacific Power and Light attainment area and the Hampshire Energy attainment area. (B) The Pacific Power and Light Area, described as that area bounded by the NW'/4 ofSection 27, T50N, R71W, Campbell County, Wyoming. (C) The Hampshire Energy Area, described as that area bounded by Section 6 excluding the SW'/4; Elh Section 7; Section 17 excluding the SW'/4; Section 14 excluding the SE'/4; Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 ofT48N, R70W and Section 26 excluding the NE'/4; SW'/4 Section 23; Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35 ofT49N, R70W, Campbell County, Wyoming. (D) The Kennecott-Puron Area, described as the area bounded by the WlhSW'/4 Section 18, WlhNW'/4, NW'I!SW'/4 Section 19, T47N, R70W, Slh Section 

### 13, Nlh, NlhSW'/4, NlhSE'/4 Section 24 T47N, R71W, Campbell County, Wyoming. (E) The remainder ofthe State ofWyoming. (ii) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM 10 increments. 

### "Baseline concentration"means that ambient concentration level which exists in the baseline area at the time ofthe applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: (i) The actual emissions, as defined in this section, representative of sources in existence on the applicable minor source baseline date, except as provided in paragraph (iv) ofthis definition; (ii) The allowable emissions ofmajor stationary sources which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date;

6-4(iii) Contributions due to emissions from any emitting source or modification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a) and qualified as "major" prior to August 7, 1980 only because fugitive emissions were included in determining potential to emit, (2) submitted a complete permit application under Chapter 6, Section 4(b) orthe Federal Clean Air Act priorto August 7, 1980, and (3) was in existence as ofthe minor source baseline date; (iv) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increment: (A) Actual emissions, as defined in this section, from any major stationary source on which construction commenced after the major source baseline date; and (B) Actual emissions increases and decreases, as determined in accordance with the definition for "Actual emissions" in this section, at any stationary source occurring after the minor source baseline date. 

### "Begin actualconstruction" means, in general, initiation ofphysical on-site construction activities on an emissions unit which are ofa permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofunderground pipework, and construction ofpermanent storage structures. With respect to a change in method ofoperation this term refers to those onsite activities, other than preparatory activities, which mark the initiation ofthe change. 

### "Bestavailable controltechnology"means an emission limitation (including a visible emission standard) based on the maximum degree ofreduction ofeach pollutant subject to regulation under these Standards and Regulations orregulation underthe Federal Clean Air Act, which would be emitted from orwhich results for any proposed major stationary source or major modification which the Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application or production processes and available methods, systems, and techniques, including fuel cleaning or treatment orinnovative fuel combustion techniques for control ofsuch pollutant. IftheAdministrator determines that technological or economic limitations on the application ofmeasurement methodology to a particular emissions unit would make the imposition ofan emission standard infeasible, he may instead prescribe a design, equipment, work practice or operational standard or combination thereofto satisfy the requirement ofBest Available Control Technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation ofsuch design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results. Application ofBACT shall not result in emissions in excess ofthose allowed under Chapter 5, Section 2 or Section 3 ofthese regulations and any other new source performance standard or national emission standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the State ofWyoming.

6-5

### "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reduction in air emissions ofsulfur dioxide oroxides of nitrogen associated with the utilization ofcoal in the generation ofelectricity, or process steam which was not in widespread use as ofNovember 15, 1990. 

### "Clean coaltechnology demonstrationproject" means a project using funds appropriated underthe heading "Department ofEnergy-Clean Coal Technology", up to a total amount of$2,500,000,000 for commercial demonstration ofclean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost ofthe demonstration project. 

### "Commenced", as applied to construction ofa major stationary source or major modification, means that the owner or operator has obtained a Construction Permit required by Chapter 6, Section 2 and either has (i) begun, orcaused to begin, a continuous program ofactual on-site construction ofthe source or (ii) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program ofconstruction ofthe source to be completed within a reasonable time. 

### "Complete" means, in reference to an application for a permit, that the application contains all the information necessary for processing the application. Designating an application complete for purposes ofpermit processing does not precludethe Division from requesting or accepting any additional information. 

### "Construction" means any physical change or change in the method ofoperation (including fabrication, erection, installation, demolition, ormodification ofan emissions unit) which would result in a change in emissions. 

### "Continuous emissions monitoringsystem (CEMS)" means all ofthe equipment that may be required to meet the data acquisition and availability requirements ofthis section, to sample, condition (ifapplicable), analyze, and provide a record ofemissions on a continuous basis. 

### "Continuous emissions rate monitoringsystem (CERMS)" means the total equipment required for the determination and recording ofthe pollutant mass emissions rate (in terms ofmass per unit oftime). 

### "Continuousparametermonitoringsystem (CPMS)" means all oftheequipment necessary to meet the data acquisition and availability requirements ofthis section, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow

6-6rate, 0 2 or C02 concentrations), and to record average operational parametervalue(s) on a continuous basis. 

### "Electric utility steamgenerating unit"means any steam electric generating unit that is constructed for the purpose ofsupplying more than one-third ofits potential electric output capacity and more than 25 MW electrical outputto any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose ofproviding steam to a steam-electric utility steam generatorthat would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. 

### "Emissions unit"means any part ofa stationary source that emits orwould have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in this section. For purposes ofthis section, there are two types ofemissions units as described in paragraphs (i) and (ii) ofthis definition. (i) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated. (ii) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph (i) ofthis definition. 

### "Enforceable"means all limitations and conditions which are enforceable under provisions ofthe Wyoming Environmental Quality Act and/or are federally enforceable by the Administrator ofthe EPA, including those requirements developed pursuantto 40 CFR parts 60 and 61, requirements within the State Implementation Plan, and any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.18 or 51.166. 

### "FederalLandManager" means, with respect to any lands in the United States, the Secretary ofthe Departmentwith authority over such lands. 

### "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 

### "Greenhousegases (GHGs) ", the air pollutant defined as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfurhexafluoride, shall not be subject to regulation except as provided in paragraph (iii) ofthis definition. (i) For purposes ofparagraphs (ii) and (iii) ofthis definition, the term 

### "tpy 

### C02 

### equivalent emissions (C02

### e)" shall represent an amount ofGHGs emitted, and shall be computed as follows:

6-7(A) Multiplying the mass amount ofemissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to Subpart A of40 CFR part 98--Global Warming Potentials. Table A-1 to Subpart A of40 CFR part 98 is adopted by reference from the Code ofFederal Regulations (CFR), revised and published as ofJuly 1, 2011, not including any later amendments. Copies ofthe Code ofFederal Regulations are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division ofAir Quality, 122 W. 25 1h Street, Cheyenne, Wyoming 82002. Copies ofthe CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214. (B) Sum the resultant value from paragraph (i)(A) ofthis definition for each gas to compute a tpy C02e. (C) Prior to July 21, 2014, the mass ofthe greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition ofnon-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions ofindustrial and municipal wastes, including gases and liquids recovered from the decomposition ofnon-fossilized and biodegradable organic material). (ii) The term 

### "emissions increase" as used in paragraph (iii) ofthis definition shall mean that both a significant emissions increase (as calculated using the procedures in (b)(i)(J) ofthis section) and a significant net emissions increase (as "net emissions increase" and "significant" are defined in this section) occur. Forthe pollutant GHGs, an emissions increase shall be based on tpy C02e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy C02e instead ofapplying the provisions in paragraphs (ii) or (iii) ofthe definition of"significant" in this section. (iii) The pollutant GHGs is subject to regulation ifthe stationary source is: (A) A new major stationary source for a regulated NSRpollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy C02e or more; or (B) An existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase ofa regulated NSR pollutant, and an emissions increase of75,000tpy C02e or more; or, (C) A new stationary source that will emit or have the potential to emit 100,000 tpy C02e; or

6-8(D) An existing stationary source that emits orhas the potential to emit I00,000 tpy C02e, when such stationary source undertakes a physical change or change in the method ofoperation that will result in an emissions increase of75,000 tpy C02e or more. 

### "High terrain"means any area having an elevation 900 feet or more above the base ofthe stack ofa source. 

### "Indian GoverningBody"means the governing body ofany tribe, band, or group ofIndians subjectto thejurisdiction ofthe United States and recognized bythe United States as possessing power ofself-Government. 

### "Indian Reservation"means any federally recognized reservation established by treaty, agreement, executive order, oract ofCongress. 

### "Innovative controltechnology"means any system ofair pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice or ofachieving at least comparable reductions at lower cost in terms ofenergy, economics, or non air quality environmental impacts. 

### "Lowest achievable emission rate (LAER)" means, for any source, the more stringent rate ofemissions based on the following: (i) The most stringent emissions limitation which is contained in the implementation plan ofany State for such class or category ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or (ii) The most stringent emissions limitation which is achieved in practice by such class or category ofstationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. In no event shall the application ofthe term permit a proposed new or modified stationary source to emit anypollutant in excess of the amount allowable under an applicable new source standard ofperformance. 

### "Low terrain"means any area other than high terrain. 

### "Majormodification"means any physical change in or change in the method of operation ofa major stationary source that would result in: a significant emissions increase (as defined in the definition for "Significant emissions increase" in this section) ofa regulated NSRpollutant (as defined in the definition for "Regulated NSRpollutant" in this section); and a significant net emissions increase ofthat pollutant from the major stationary source. Any significant emissions increase (as defined in the definition for

6-9"Significant emissions increase" in this section) from any emissions units or net emissions increase (as defined in the definition for "Netemissions increase" in this section) at a major stationary source that is significant for volatile organic compounds or NOx shall be considered significant for ozone. (i) A physical change or change in the method ofoperation shall not include: (A) Routine maintenance, repair and replacement. (B) Use ofan alternative fuel by reason ofan order under section 125 ofthe Federal Clean Air Act; (C) An increase in the hours ofoperation or in the production rate, ifsuch increase does not exceed the operating design capacity ofthemajor stationary source unless such change would be prohibited by, or inconsistent with, an enforceable permit issued by the Division; (D) Use ofan alternative fuel or raw material byreason ofan order in effect under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), orbyreason ofa natural gas curtailment plan in effect pursuantto the Federal PowerAct; (E) Use ofan alternative fuel orraw material, ifpriorto January 6, 1975, the source was capable ofaccommodating such fuel or material unless such change would be prohibited by, or inconsistent with, an enforceable permit issued bythe Division, or ifthe source is approved to use such fuel ormaterial through an enforceable permit issued under these regulations; (F) Change in ownership ofthe stationary source; (G) The use ofmunicipal solid waste as an alternative fuel at a steam generating plant; (H) The installation, operation, cessation or removal ofa temporary clean coal technology demonstration project, provided that the project complies with: (I) The Wyoming State Implementation Plan, and (II) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. (I) The installation oroperation ofa permanent clean coal technology demonstration projectthat constitutes repowering, provided that the project

6-10does not result in an increase in the potential to emit ofany regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis. (J) The reactivation ofa very clean coal-fired electric utility steam generating unit. (ii) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under paragraph (b)(xv) ofthis section for a PAL for that pollutant. Instead, the definition in paragraph (b)(xv)(B) for "PAL major modification" ofthis section shall apply. 

### "Majorsource baseline date" means: (i) In the case ofPM 10 and sulfur dioxide, January 6, 1975; and (ii) In the case ofnitrogen dioxide, February 8, 1988. (iii) 

### In the case ofPM2.5, October 20, 2010. 

### "Majorstationary source"means (a) any ofthe following stationary sources of air pollutants which emit, or have the potential to emit, one hundred tons per year or more ofany air pollutant for which standards are established under these Standards and Regulations or under the Federal Clean Air Act, except for sources ofGHGs addressed separately under (e) ofthis definition: fossil fuel-fired steam electric plants ofmore than two hundred and fifty million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable ofcharging more than two hundred and fifty tons ofrefuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil fuel boilers (or combinations thereof) ofmore than two hundred and fifty million British thermal units per hourheat input, petroleum storage and transfer plants with a capacity exceedingthree hundred thousand barrels, taconite ore processing plants, glass fiber processing plants, charcoal production plants. (b) Such term also includes any stationary source which emits, or has the potential to emit, two hundred and fifty tons per year or more ofany air pollutant for which standards are established under these Standards and Regulations or under the Federal Clean Air Act, except for sources ofGHGs addressed separately under (e) ofthisdefinition. (c) Such term also includes any physical change that would occur at a stationary source not otherwise qualifying under this definition ifthe change would constitute a major stationary source by itself. (d) A major source which is major for

6-11volatile organic compounds orNOx is considered to be major for ozone. (e) Such term also includes any source ofgreenhouse gases as defined in Chapter 6, Section 4(a), but only if: the greenhouse gases are subject to regulation under subsection (iii) ofthat definition, and the source's potential to emit greenhouse gases exceeds 100 tpy on a mass basis iflisted under (a) ofthis definition of"Major stationary source" or 250 tpy on a mass basis iflisted under (b) ofthis definition of"Major stationary source." 

### "Minorsource baselinedate" means the earliest date after August 7, 1977 for PM 10 and sulfur dioxide, and after February 8, 1988 for nitrogen oxides, and after October 20, 2011 for PM2.5 on which a major stationary source ormajor modification submits a complete permit application under Chapter 6, Section 4(b) or underthe Federal Clean Air Act. (i) The minor source baseline date for sulfur dioxide for the State of Wyoming is February 2, 1978. (ii) The minor source baseline date for nitrogen oxides for the State of Wyoming is February 26, 1988. (iii) The minor source baseline date for PM 10 is as follows: (A) Forthe Powder River Basin Area- March 6, 1997; (B) Forthe Pacific Power and Light Area- June 18 1980; (C) Forthe Hampshire Energy Area- September 30, 1982; (D) Forthe Kennecott-Puron Area- February 27, 1995; (E) Forthe rest ofthe State ofWyoming- February 22, 1979. (iv) The baseline date is established for each pollutant for which increments or other equivalent measures have been established, if: (A) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under the Federal Clean AirAct for the pollutant on the date ofits complete application; and (B) In the case ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant. (v) The baseline date is not established by the permit application for an emitting source ormodification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a), (2) qualified as "major" prior to

6-12August 7, 1980 only because fugitive emissions were included in determining potential to emit, and (3) submitted a complete permit application under Chapter 6, Section 4(b) or the Federal Clean AirAct prior to August 7, 1980. (vi) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM10 increments. 

### "Net emissions increase" means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum ofthe following exceeds zero: (i) The increase in emissions from a particular physical change orchange in the method ofoperation at a stationary source as calculated pursuant to paragraph (b)(i)(J) ofthis section; (ii) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph (ii) shall be determined as provided in the definition for "Baseline actual emissions", except that paragraphs (i)(C) and (ii)(D) ofthe definition for "Baseline actual emissions" shall not apply. (iii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs between: (A) The date five years before construction on the particular change commences; and (B) The date that the increase from the particular change occurs. (iv) An increase or decrease in actual emissions is creditable only if: (A) The Division has not relied on it in issuing a Chapter 6, Section 4 permit for the source, which is in effect when the increase in actual emissions from the particular change occurs. (v) An increase or decrease in actual emissions ofsulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculating the amount ofmaximum allowable increases remaining available. (vi) An increase in actual emissions is creditable onlyto the extent that the new. level ofactual emissions exceeds the old level.

6-13(vii) A decrease in actual emissions is creditable onlyto the extentthat: (A) The old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (B) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins; (C) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and (viii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particularpollutant. Anyreplacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (ix) The definition of"Actual emissions" ofthis section, shall not apply for determining creditable increases and decreases. 

### "Potential to emit"means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions on hours ofoperation orthe type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitation or the affect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. 

### "Predictive emissionsmonitoringsystem (PEMS)" means all ofthe equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 

### 0 2 or

### C02 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 

### "Project" means a physical change in, orchange in method ofoperation of, an existing major stationary source. 

### "Projectedactualemissions"means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSRpollutant in any one ofthe 5 years (12-month period) following the date the unit resumes regular operation afterthe project, or in any one ofthe 10 years following that date, ifthe project involves increasing the emissions unit's design capacity or its potential to emitthat regulated NSRpollutant, and full utilization ofthe unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source.

6-14(i) In determining the projected actual emissions under the above paragraph ofthis section (before beginning actual construction), the owner or operator of the major stationary source: (A) Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections ofbusiness activity, the company's filings with the State or Federal regulatory authorities, and compliance plans approved bythe Division; (B) Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; (C) Shall exclude, in calculating any increase in emissions that results from the particular project, that portion ofthe unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under the definition for "Baseline actual emissions" ofthis section and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or, (D) In lieu ofusing the method set out in paragraphs (i)(A) through (C) ofthis definition, may electto use the emissions unit's potential to emit, in tons per year, as defined under the definition of"Potential to emit" ofthis section. 

### "Reactivation of a very clean coal-firedelectric utility steamgenerating unit" means any physical change or change in the method ofoperation associated with the commencement ofcommercial operations by a coal-fired utility unit after a period of discontinued operation where the unit: (i) Has not been in operation for the two-year period priorto the enactment ofthe Clean AirAct Amendments of 1990, and the emissions from such unit continue to be carried in the State ofWyoming's emissions inventory at the time of enactment; (ii) Was equipped prior to shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide ofno less than 85 percent and a removal efficiency for particulates ofnot less than 98 percent; (iii) Is equipped with low-NOx burners prior to the time of commencement ofoperations following reactivation; and (iv) Is otherwise in compliance with the requirements ofthe Clean Air Act. 

### "RegulatedNSRpollutant", for purposes ofthis section, means the following:

6-15(i) Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this paragraph as a constituent or precursor to such pollutant. Precursors identified bythe EPA Administrator for purposes ofNSR are the following: (A) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas. (B) Sulfur dioxide is a precursor to PM2

.5 in all attainment and unclassifiable areas. (C) Nitrogen oxides are presumed to be precursors to PM2

.5 in all attainment and unclassifiable areas, unless the State demonstrates to the EPA Administrator's satisfaction orEPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not a significant contributorto that area's ambient PM2

.5 concentrations. (D) Volatile organic compounds are presumed notto be precursors to PM25 in any attainment or unclassifiable area, unless the State demonstrates to the EPA Administrator's satisfaction or EPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributorto that area's ambient PM2.s concentrations. (ii) Any pollutantthat is subject to any standard promulgated under section 111 ofthe Federal Clean Air Act; (iii) Any Class I or II substance subject to a standard promulgated under or established byTitle VI ofthe Federal Clean Air Act; (iv) Any pollutantthat otherwise is subject to regulation under the Federal Clean Air Act; exceptthat any or all hazardous air pollutants either listed in section 112 ofthe Federal Clean Air Act or added tothe list pursuant to section 112(b)(2) ofthe Federal Clean Air Act, which have not been delisted pursuant to section 112(b)(3) ofthe Federal Clean Air Act, are not regulated NSRpollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor ofa general pollutant listed under section 108 ofthe Federal Clean Air Act. (v) [Reserved.] (vi) Particulate matter (PM) emissions, PM2

.5 emissions, and PM 10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On orafter January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2

.5 and PM 10 in PSD permits. Compliance with emissions limitations for PM, PM2

.5 and PM10 issued prior to this date

6-16shall not be based on condensable particulate matter unless required by the terms and conditions ofthe permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation ofthis section unless the applicable implementation plan required condensable particulate matterto be included. 

### ''Replacement unit" means an emissions unit for which all the criteria listed in this section are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (i) The emissions unit is a reconstructed unit within the meaning of 40 CFR part 60.15(b)(I), or the emissions unit completelytakes the place ofan existing emissions unit.(ii) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (iii) The replacement does not change the basic design parameter(s) (as discussed in 40 CFR part 51.166(y)(2)) ofthe process unit. (iv) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. Ifthe replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

### "Repowering" means replacement ofan existing coal-fired boiler with one ofthe following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as determined bythe Administrator of EPA, in consultation with the Secretary ofEnergy, a derivative ofone or more ofthese technologies, and any othertechnology capable ofcontrolling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance oftechnology in widespread commercial use as ofNovember 15, 1990. (i) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as ofJanuary I, 1991, by the Department ofEnergy. (ii) The Administrator shall give expedited consideration to permit applications for any source that satisfies the requirements ofthis subsection and is granted an extension under section 409 ofthe Clean Air Act. 

### "Secondary emissions" means emissions which occur as a result ofthe construction or operation ofa major stationary source or major modification, but do not

6-17come from the major stationary source or major modification itself. Forthe purposes of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result ofthe construction or modification ofthe major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofa motor vehicle or from a train. "Significant" means: (i) In reference to a net emissions increase orthe potential ofa source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed any ofthe following rates: POLLUTANTAND EMISSIONS RATE Carbon monoxide: Nitrogen oxides: Sulfur dioxide: Particulate matter:

Ozone: Lead: Fluorides: Sulfuric acid mist: Hydrogen sulfide (H2 S): Total reduced sulfur (including H2 S): Reduced sulfur compounds (including H2 S): Municipal waste combustor organics (measured as total tetra- through acta-chlorinated dibenzo-p-dioxins and dibenzofurans): Municipal waste combustor metals (measured as particulate matter):

6-18 100 tons per year (tpy) 40 tpy 40 tpy 25 tpy ofparticulate matter emissions; 15 tpy ofPM10 emissions 10 tpy ofdirect PM2

.5 emissions; 40 tpy ofsulfur dioxide emissions; 40 tpy ofnitrogen oxide emissions unless demonstrated notto be a PM2.s precursor under the definition of"Regulated NSRpollutant" in Section 4(a) ofthis chapter 40 tpy ofvolatile organic compounds ornitrogen oxides 0.6 tpy 3 tpy 7tpy 10 tpy 10 tpy 10 tpy

3.2 x 10-6 megagrams per year (3.5 x 10-6 tons per year) 14 megagrams per year (15 tons per year)Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride):36 megagrams per year (40 tons per year) Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year) (ii) "Significant" means, in reference to a net emissions increase or the potential ofa source to emit a pollutant subject to these regulations and regulations under the Clean Air Act, that paragraph (i) above does not list, any emissions rate. (iii) Notwithstanding paragraph (i) above, "significant" means any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 10 kilometers ofa Class I Area, and have an impact on such area equal to or greaterthan I J..lg/m3 (24-hour average). 

### "Significantemissions increase" means, for a regulated NSRpollutant, an increase in emissions that is significant (as defined in paragraph (i) ofthe definition of "Significant" in this section) for that pollutant. 

### "Stationary source"means any structure, building, facility, equipment, installation or operation (or combination thereof) which emits or may emit any air pollutant subject to these regulations orregulations under the Federal Clean Air Act. 

### "Structure, building, facility, equipment, installation, oroperation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control ofthe same person (or persons under common control) except the activities ofanyvessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same Major Group (i.e., which have the same two-digit code) as described in the StandardIndustrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005- 00176-0, respectively). 

### "Temporary clean coaltechnology demonstrationproject"means a clean coal technology demonstration project that is operated for a period of5 years or less, and which complies with the Wyoming State Implementation Plan and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. 

### "Volatile organic compounds (VOCs)" is defined in Chapter 3, Section 6(a) of these regulations.

6-19(b) Any person who plans to construct any major stationary source orundertake a major modification ofan existing stationary source shall be subject to the conditions outlined below. (i) (A) (I) The review ofthe stationary source for the construction or modification permit(s) required under Chapter 6, Section 2 ofthese regulations shall apply and shall be expanded so as to include analysis ofthe predicted impact ofthe allowable and secondary emissions from the stationary source on the ambient air quality in areas affected by such emissions. An analysis ofthe predicted impact ofemissions from the stationary source is required for all pollutants for which standards have been established under these regulations or under the Federal Clean AirAct and which are emitted in significant amounts. An analysis ofthe impact ofother pollutants may be required bythe Administrator. Such analysis shall identify and quantify the impact on the air quality in the area ofall emissions not included in the baseline concentrations including, but not limited to, those emissions resulting from the instant application and all other permits issued in the area. The purpose ofthis analysis is to determine the total deterioration ofair quality from the baseline concentrations; however, projections of deterioration due to general non-stationary source growth in the area predicted to occur after the date ofapplication is not required. A permitto construct pursuant to Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are complied with and ifthe predicted impact (over and above the baseline concentration) ofemissions defined above is less than the maximum allowable increment shown in Table 1for the classification ofthe area in which the impact is predicted, and ifthe ambient standard for the pollutant(s) is not exceeded. Table 1 Maximum Allowable Increments ofDeterioration

- J.tg/m3

Pollutant Particulate Matter: PM2

.5, annual arithmetic mean PM2.s, 24-hrmaximum PM 10, annual arithmetic mean PM10, 24-hour maximum Sulfur Dioxide: Annual arithmetic mean 24-hour maximum* 3-hourmaximum* Nitrogen Dioxide Annual arithmetic mean Class I

1 2 4 8

2 

### 5 

### 25

2.5 Class II

4 9 17 30

20 91 

### 512

25 *Maximum allowable increment may be exceeded once per year at any receptor site.

6-20(1.) Forpurposes ofPM25, the demonstration required in paragraph (b)(i)(A)(I) ofthis section is deemed to have been made ifthe emissions increase from the new stationary source alone or from the modification alone would cause, in all areas, air quality impacts less than the amounts specified in Table 2.

Pollutant PM2.s Table 2 PM2.s Significant Impact Levels Averaging Time Annual 24-hour Class I 0.06 

### Jlg/m3 0.07 

### Jlg/m3 Class II

(II) Notwithstanding the provisions ofparagraph (b)(i)(A)(I) above, the following concentrations shall be excluded in determining compliance with maximum allowable increases: (I.) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use ofpetroleum products, natural gas, or both by reason of

### an order in effect under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) overthe emissions from such sources before the effective date ofsuch an order. No such exclusion shall apply for more than five years after the later ofsuch effective dates; (2.) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason ofnatural gas curtailment plan in effect pursuant to the Federal PowerAct over the emissions from such sources before the effective date ofsuch plan. No such exclusion shall apply for more than 

### 5 years after the later ofsuch effective date; (3.) Concentrations ofparticulate matter attributable to the increase in emissions from construction or othertemporary emission-related activities ofnew ormodified sources; (4.) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentrations; and (5.) Concentrations attributable to the temporary increase in emissions ofsulfur dioxide, particulate matter, or nitrogen oxides from stationary sources as specified below.

a. The temporary emissions do not occur for more than 2 years.

6-21b. The 2-yeartime period is not renewable.

c. Such temporary emissions are not eligible for exclusion ifthey would impact a Class I Area or an area where the applicable increment is known to be violated or an area where they would cause or contribute to a violation ofthe applicable ambient air quality standard. d. At the end ofthe temporary emission time frame, emissions from the stationary source causing these temporary emissions shall not exceed those levels occurring at such source prior to suchtemporary emission. (B) In addition to the analyses required under Chapter 6, Section 4(b)(i)(A) above, (I) The owner or operator shall provide an analysis ofthe impairment to visibility, soils and vegetation that would occur as a result ofthe source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value. (II) The owner or operator shall provide an analysis ofthe air quality impact projected for the area as a result ofgeneral commercial, residential, industrial and other growth associated with the source ormodification. (C) Therequirements for demonstration ofcompliance with applicable increments ofChapter 6, Section 4(b)(i)(A)(I), the additional analysis requirements ofChapter 6, Section 4(b)(i)(B) and the ambient air quality analysis requirements ofChapter 6, Section 4(b)(i)(E) shall not apply to a proposed major stationary source or modification with respect to a particularpollutant ifthe Administrator determines that: (I) The increase in allowable emissions ofthat pollutant from the stationary source orthe net emissions increase ofthat pollutant from a modification would be temporary and would impact no Class I Area and no area where an applicable increment is known to be violated; or (II) The stationary source was in existence on March 1, 1978, and thatthe maximum allowable emission increases only impact Class II Areas, and that after application ofBACT, the increase in allowable emissions ofeach pollutant would be less than 50 tons per year. (D) Fugitive emissions, to the extent quantifiable, will be considered in calculating the potential to emit ofthe stationary source or modification only for:

6-22(I) Sources listed in Chapter 6, Section 4(a) under the definition of"Major stationary source", item (a). (II) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 ofthe Clean AirAct. (III) And such other sources as the Environmental Quality Council may later determine. (E) An application subject to this section shall contain an analysis ofambient air quality in the area that would be affected by the stationary source or modification as required below: (I) For each pollutantthat the source would have the potential to emit in a significant amount. (II) For the modification, each pollutant for which it would result in a significant net emissions increase. (III) Forpollutants for which National Ambient Air Quality Standards have been established, the analysis shall contain continuous air quality monitoring data gathered for purposes ofdetermining whether emissions ofthat pollutant would cause or contribute to a violation ofthe standard or any maximum allowable increase. (IV) In general, the required continuous air quality monitoring data shall have been gathered over a period ofone year immediately preceding receipt ofthe application. The Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorterthan one year. (V) All monitoring conducted pursuant to the requirements ofthis section shall meet the requirements ofAppendix B of40 CFR part 58. (VI) The requirements for pre-construction monitoring specified above and under Chapter 6, Section 2(b) with respect to monitoring for a particularpollutant may be waived by the Administrator upon petition from an applicant if: (1.) The emissions increase ofthe pollutant from a new stationary source or the net emissions increase ofthe pollutant from a modification would cause, in any area, air quality impacts less than the following amounts:

6-23a. Carbon Monoxide

- 575 11g/m3

, 8-hour average; b. Nitrogen Dioxide

- 14 11g/m3

, annual average;

c. PM2

.5 - 4 11g/m3

, 24-hour average; d. PM 10 - 10 11g/m3 ofPM10, 24-hour average;

e. Sulfur Dioxide- 13 11g/m3

, 24-hour average; f. Ozone (No de minimis air quality level is provided for ozone; however, any net emissions increase of 100 tons per year ormore of volatile organic compounds or nitrogen oxides subjectto PSD would be required to perform an ambient impact analysis, including the gathering ofair quality data.)

g. Lead- 0.1 11g/m3

, 3-month average; h. Fluorides- 0.25 11g/m3

, 24-hour average; i. Total Reduced Sulfur

- 10 11g/m3

, 1-hour average; j. Hydrogen Sulfide- 0.2 11g/m3

, 1-hour average; k. Reduced Sulfur Compounds- 10 11g/m3

, 1-hour average; or (2.) The concentrations ofthe pollutant in the area that the source ormodification would affect are less than the concentrations listed in paragraph (b)(i)(E)(VI)(1.) ofthis section; or (3.) Thepollutant is not listed in paragraph (b)(i)(E)(VI)(l.) ofthis section. (F) The Administrator may require an applicant subjectto the provisions ofthis section to conduct an approved visibility monitoring program in any Class IArea which may be impacted by emissions from the proposed stationary source. (G) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue ofa relaxation in any

6-24enforceable limitation which was established after August 7, 1980 on the capacity ofthe source or modification otherwise to emit a pollutant, then all ofthe provisions ofChapter 6, Sections 2 and 4 shall apply to the source ormodification as though construction had not yet commenced on the source or modification. (H) The following specific provisions apply to projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where the owner or operator elects to use the method specified in paragraphs (i)(A) through (C) ofthe definition for "Projected actual emissions" for calculating projected actual emissions. (I) Before beginning actual construction ofthe project, the owner or operator shall document and maintain a record ofthe following information: (1.) A description ofthe project; (2.) Identification ofthe emissions unit(s) whose emissions ofa regulated NSRpollutant could be affected bythe project; and (3.) A description ofthe applicability test used to determine that the project is not a major modification for any regulated NSRpollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (i)(C) ofthe definition for "Projected actual emissions" in Section 4(a) and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. (II) Before beginning actual construction, the owner or operator shall provide the information set out in paragraph (b)(i)(H)(I) ofthis section to the Division as a Chapter 6, Section 2 permit application. (III) The owner or operator shall monitorthe emissions of any regulated NSRpollutant that could increase as a result ofthe project and that is emitted by any emissions unit identified in paragraph (b)(i)(H)(I)(2.) ofthis section; and calculate and maintain a record ofthe annual emissions, in tons per year on a calendar year basis, for a period of5 years following resumption ofregular operations after the change, or for a period of 10 years following resumption ofregular operations after the change ifthe project increases the design capacity or potential to emit ofthat regulated NSR pollutant at such emissions unit. (IV) The owner or operator shall submit a report to the Division within 60 days after the end ofeach year during which records must be generated under paragraph (b)(i)(H)(III) ofthis section setting out the unit's annual emissions during the calendar yearthat preceded submission ofthe report.

6-25(I) The owner or operator ofthe source shall make the information required to be documented and maintained pursuant to paragraph (b)(i)(H) ofthis section available for review upon request for inspection bythe Division orthe general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). (J) (I) Except as otherwise provided in paragraph (b)(xv) of this section, and consistent with the definition of"Majormodification" contained in Section 4(a), a project is a majormodification for a regulated NSRpollutant ifit causes two types ofemissions increases- a significant emissions increase (as defined in the definition for "Significant emissions increase" in Section 4(a)), and a significant net emissions increase (as defined in the definitions for "Net emissions increase" and "Significant" in Section 4(a)). The project is not a major modification ifit does not cause a significant emissions increase. Ifthe project causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase. (II) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step ofthe process) will occur depends upon the type ofemissions units being modified, according to paragraphs (b)(i)(J)(III) through (V) ofthis section. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step ofthe process) is contained in the definition for "Netemissions increase" in Section 4(a). Regardless ofany such preconstruction projections, a major modification results ifthe project causes a significant emissions increase and a significant net emissions increase. (III) Actual-to-Projected-Actual ApplicabilityTest For Projects That Only Involve Existing Emissions Units. A significant emissions increase of a regulated NSRpollutant is projected to occur ifthe sum ofthe difference between the projected actual emissions (as defined in the definition for "Projected actual emissions" in Section 4(a)) and the baseline actual emissions (as defined in paragraphs (i) and (ii) in the definition of"Baseline actual emissions" in Section 4(a)) for each existing emissions unit, equals or exceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)). (IV) Actual-to-Potential Test For Projects That Only Involve Construction ofa New Emissions Unit(s). A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe difference betweenthe potential to emit (as defined in the definition for "Potential to emit" in Section 4(a)) from each new emissions unit following completion ofthe project and the baseline actual emissions (as defined in paragraph (iii) for the definition of"Baseline actual emissions" in Section 4(a)) ofthese units before the project equals or exceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)).

6-26(V) Hybrid Test ForProjects That Involve Multiple Types ofEmissions Units. A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified in paragraphs (b)(i)(J)(III) and (IV) ofthis section as applicable with respect to each emissions unit, for each type ofemissions unit equals or exceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)). (ii) (A) The required permit shall not be issued unless the proposed major stationary source or major modification would meet an emission limit(s) or equipment standard(s) specified by the Administrator to represent the application ofBest Available Control Technology for each pollutant regulated under these Standards and Regulations and under the Federal Clean Air Act and having the potential to emit in significant amounts. For phased construction projects, the determination ofBACT shall be reviewed and modified as appropriate at the latest, most reasonable time no later than 18 months prior to commencement ofeach phase ofthe proposed project. At such time, the owner or operator ofthe applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbest available control technology for the stationary source. (B) In the case ofa major modification, the requirements for Best Available Control Technology shall apply only to each new or modified emissions unit at which a net emissions increase ofthe pollutant would occur. (C) (I) The applicant for a permit for a source subjectto this section may petition the Administrator to approve a system ofinnovative control technology. (II) The Administrator, with the approval ofthe govemor(s) ofother affected state(s) may approve the employment ofa system of innovative control technology if: (1.) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; (2.) The owner or operator agrees to achieve a level ofcontinuous emissions reduction equivalent to that which would have been required under paragraphs (ii)(A) and (B) above by a date specified bythe Administrator. Such date shall not be later than 4 years from the time ofstartup or 7 years from permit issuance. (3.) The major stationary source or major modification would meet the requirements equivalent to those in paragraphs (b)(i)(A)(I), (b)(ii)(A), and (b)(ii)(B) above based on the emission rate that the stationary source

6-27employing the system ofinnovative control technology would be required to meet on the date specified bythe Administrator. (4.) The source ormodification would not before the date specified bythe Administrator:

a. Cause or contribute to any violation ofan applicable National Ambient Air Quality Standard, or b. Impact any Class I Area, or

c. Impact any area where an applicable increment is known to be violated. (5.) All other applicable requirements including those for public participation have been met. (III) The approval to employ a system ofinnovative control technology shall be withdrawn bythe Administrator if: (1.) The proposed system fails bythe specified date to achieve the required continuous emissions reduction rate, or (2.) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety, or (3.) The Administrator decides at anytime that the proposed system is unlikely to achieve the required level ofcontrol or to protect the public health, welfare, or safety. (IV) Ifthe source or modification fails to meetthe required level ofcontinuous emissions reduction within the specified time period or ifthe approval is withdrawn in accordance with (III) above, the Administrator may allow the source or modification up to an additional three years to meet the requirement for the application ofBACTthrough use ofa demonstrated system ofcontrol. (iii) Temporary particulate matter emissions such as those associated with the construction phase ofthe source shall not be included in the determination on the issuance or denial ofa required permit and shall not be taken into account when determining compliance with the maximum allowable increments in Table 1; however, Best Available Control Technology shall be applied to abate such temporary emission. (iv) All applications ofair quality modeling required under paragraph (b)(i) above shall be based on the applicable models, databases, and other requirements specified in Appendix W of40 CFR part 51 (Guideline on Air Quality Models). Where

6-28an air quality model specified in Appendix W of40 CFRpart 51 (Guideline on Air Quality Models) is inappropriate, the model may be modified oranother model substituted. Such a modification or substitution ofa model maybe made on a case-bycase basis or, where appropriate, on a generic basis for a specific State ofWyoming program. Written approval ofthe EPA Administrator must be obtained for any modification or substitution. In addition, use ofa modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in Chapter 6, Section 2(g). (v) In any case where the federal official charged with direct responsibility for management ofany lands within a Class I Area, orthe Administrator of EPA or the governor ofan adjacent state containing such a Class I Area, files a notice alleging that emissions from a proposed source or major modification may cause or contribute to a change in the air quality in such area and identifying the potential adverse impact ofsuch change, a permit shall not be issued unless the owner or operator ofsuch source demonstrates to the satisfaction ofthe Administrator that emissions ofparticulate matter, sulfur dioxide, and nitrogen oxides will not cause or contribute to concentrations which exceed the maximum allowable increases for the Class I Area in question. (vi) (A) In any case where a Federal Land Manager demonstrates to the satisfaction ofthe Administratorthat the emissions from such source will have an adverse impact on the air quality-related values (including visibility) ofsuch Class I Areas, notwithstanding the fact that the change in air quality resulting from emissions from such source will not cause or contribute to concentrations which exceed the maximum allowable increases for Class I Areas, a permit shall not be issued. (B) However, in the case where the Federal Land Manager provides to the Division at least 30 days prior to the Public Notice issued pursuant to Chapter 6, Section 2(m) ofthese regulations, an analysis ofthe impact ofthe emissions on visibility in a Federal Class I Area, the Division must consider such analysis in making its proposed decision. Ifthe Federal Land Manager's analysis concludes that an adverse impact on visibility in the Federal Class I Area will occur butthe Administrator determines that the analysis does not demonstrate to his satisfaction that such an adverse impact on visibility will occur, the Administrator shall in the Public Notice issued pursuant to the requirements ofChapter 6, Section 2(m), explain his decision or give notice as to where the explanation can be obtained. (vii) In any case where the owner or operator ofsuch source demonstrates to the satisfaction ofthe Federal Land Manager, and the Federal Land Manager so certifies, that the emissions from such source will have no adverse impact on the air quality-related values ofsuch Class I Areas (including visibility) notwithstanding the fact that the change in air quality resulting from emissions from such source will cause or contribute to concentrations which exceed the maximum allowable increases for Class I Areas, the Administrator may issue a permit.

6-29 I 

# I I 

# I 

# I 

# I I 

# I f 

## I 

# I

r 

# t f t 

# l

?(viii) In the case ofa permit issued pursuantto subsection (vii), such source shall complywith such emission limitation under such permit as may be necessary to assure that emissions ofsulfur oxides, particulate matter, and nitrogen oxides from such source, will not cause or contribute to concentrations ofsuch pollutant which exceeds the following maximum allowable increases overthe baseline concentration for such pollutants:

Particulate matter: PM2

.5, annual arithmetic mean PM2.s, 24-hr maximum PM 10, annual arithmetic mean PM 10, 24-hour maximum Sulfur dioxide: Annual arithmetic mean Twenty-four-hourmaximum Three-hourmaximum Nitrogen dioxide: Annual arithmetic mean Maximum Allowable Increase (micrograms per cubic meter)

4 9 17 30 

### 20 91 325

25 (ix) (A) In any case where the owner or operator ofa proposed major stationary source or major modification who has been denied a certification under subparagraph (vii) demonstrates to the satisfaction ofthe Governor ofWyoming (hereinafter the Governor), after notice and public hearing, and the Governor finds, that the source cannot be constructed byreason ofany maximum allowable increases for sulfur dioxide for periods oftwenty-four hours or less applicable to any Class I Area and, in the case offederal Mandatory Class I Areas, that a variance underthis clause will not adversely affect the air quality related values ofthe area (including visibility), the Governor, after consideration ofthe Federal Land Manager'srecommendation (ifany) and subject to his concurrence, may grant a variance from such maximum allowable increase. Ifa variance is granted, a permit may be issued to such source pursuantto the requirements ofthis subparagraph provided other requirements ofthis section are met. (B) In the case ofa permit issued pursuant to subparagraph (ix)(A), such source shall complywith such emission limitations under such permit as may be necessary to assure that emissions ofsulfur oxides from such source will not (during any day on whichthe otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which exceed the following maximum allowable increases for such areas overthe baseline concentration for such pollutant and to assure that such emissions will not cause or contributeto concentrations which exceed the otherwise applicable maximum allowable increases for periods ofexposure of24 hours or less on more than 18 days during any annual period.

6-30Period ofexposure: Lowterrain areas: 24-hr maximum 3-hr maximum High terrain areas: 24-hr. maximum 3-hr maximum Maximum Allowable Increase (micrograms per cubic meter)

36 130



### 62 221 (x) Notwithstanding other requirements ofthis section, a portable source which is a major stationary source and which has otherwise received a construction permit under Chapter 6, Sections 2 and 4 shall not be required to obtain additional relocation permits under this section if: (A) Emissions from the source would not exceed allowable emissions; and (B) Such relocation would impact no Class I Area and no area where an applicable increment is known to be violated; and (C) Notice is given to the Division at least 10 days priorto such relocation identifying the proposed new location and the probable duration ofoperation at such location; and (D) Emissions at the new location will be temporary. (xi) After a final decision is made on an application for a source subject to this section, the final decision will be transmitted in writing to the applicant and the final decision and all comments received bythe Division during the public commentperiod will be made available for public inspection in the same location where the application and analysis was posted. A copy ofeach permit application for each source or modification subject to this section and impacting a Federal Class I Area will be transmitted to EPA. EPA will be provided with notice ofeach action taken bythe Division on such application. (xii) [Reserved.] (xiii) [Reserved.] (xiv) [Reserved.] (xv) Actuals Plantwide Applicability Limitations (PALs). (A) Applicability.

6-31(I) The Division may approve the use ofan actuals PAL for any existing major stationary source ifthe PAL meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section. The term "PAL" shall mean "actuals PAL" throughout paragraph (b)(xv) ofthis section. (II) Any physical change in or change in the method of operation ofa major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section, and complies with the PAL permit: (1.) Is not a major modification for the PAL pollutant; (2.) Does not have to be approved through a Chapter 6, Section 4 permit; and (3.) Is not subject to the provisions in paragraph (b)(i)(G) ofthis section (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability ofChapter 6, Section 4). (III) Except as provided under paragraph (b)(xv)(A)(II)(3.) ofthis section, a major stationary source shall continue to comply with all applicable Federal or State ofWyoming requirements, emission limitations, and work practice requirements that were established prior to the effective date ofthe PAL. (B) Definitions. The following definitions shall be used for actuals PALs consistent with paragraphs (b)(xv)(A) through (0) ofthis section. When a term is not defined in these paragraphs, it shall have the meaning given in Section 4(a) of this section orin the Clean AirAct. 

### "ActualsPAL for amajorstationary source"means a PAL based on the baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofall emissions units (as defined in the definition for "Source" in Section 4(a)) at the source, that emit orhave the potential to emit the PAL pollutant. 

### ''Allowable emissions" has the same meaning as in the definition for "Allowable emissions" in Section 4(a), except as this definition is modified according to paragraphs (i) and (ii) ofthis definition. (i) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.

6-32(ii) An emissions unit's potential to emit shall be determined using the definition of"Potential to emit" in Section 4(a), exceptthat the words "orenforceable as a practical matter" should be added after "enforceable". 

### ''Major emissions unit"means: (i) Any emissions unit that emits orhas the potential to emit 100 tons per year or more ofthe PAL pollutant in an attainment area; or (ii) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amountthat is equal to or greater than the major source threshold for the PAL pollutant as defined bythe Clean AirAct for nonattainment areas. (For example, in accordance with the definition ofmajor stationary source in section 182(c) ofthe Clean Air Act, an emissions unit would be a major emissions unit for VOC ifthe emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons ofVOC per year.) 

### "PAL effective date" generally means the date ofissuance ofthe PAL permit; however, the PAL effective date for an increased PAL is the date any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutant. 

### "PAL effectiveperiod" means the period beginning with the PAL effective date and ending 10 years later. 

### "PAL majormodification" means, notwithstanding the definitions for "Major modification" and "Net emissions increase" ofSection 4(a), any physical change in or change in the method ofoperation ofthe PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

### "PALpermit"means the Chapter 6, Section 2 or Section 4 permit issued by the Division that establishes a PAL for a major stationary source. 

### "PALpollutant"means the pollutant for which a PAL is established at a major stationary source. 

### "Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs (b)(xv)(A) through (0) ofthis section. 

### "Significantemissions unit"means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in the definition for "Significant" in Section 4(a) or in the Clean AirAct, whichever is lower) for that PAL pollutant, but less than the amount that

6-33would qualify the unit as a major emissions unit as defined in paragraph (b)(xv)(B) for the definition of"Majoremissions unit" ofthis section. 

### "Smallemissions unit"means an emissions unit that emits or has the potential to emitthe PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in the definition for "Significant" in Section 4(a) or in the Clean Air Act, whichever is lower. (C) Permit Application Requirements. As part ofa permit application requesting a PAL, the owner oroperator ofa major stationary source shall submit the following information in paragraphs (b)(xv)(C)(I) through (III) ofthis section to the Division for approval. (I) A List ofAll Emissions Units at the Source Designated as Small, Significant or Major Based on Their Potential to Emit. In addition, the owner or operator ofthe source shall indicate which, ifany, Federal or State ofWyoming applicable requirements, emission limitations, or work practices apply to each unit. (II) Calculations ofthe Baseline Actual Emissions (With Supporting Documentation). Baseline actual emissions are to include emissions associated not only with operation ofthe unit, but also emissions associated with startup, shutdown, and malfunction. (III) The calculation procedures that the major stationary source owner oroperator proposes to use to convert the monitoring system datato monthly emissions and annual emissions based on a 12-monthrolling total for each month as required byparagraph (b)(xv)(M)(I) ofthis section. (D) General Requirements For Establishing PALs. (I) The Division may establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs (b)(xv)(D)(I)(l.) through (7.) ofthis section are met. (1.) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months ofestablishing a PAL, the major stationary source owner or operator shall show that the sum ofthe monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). Foreach month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum ofthe preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL.

6-34(2.) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (b)(xv)(E) ofthis section. (3.) The PAL permit shall contain all the requirements ofparagraph (b)(xv)(G) ofthis section. (4.) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source. (5.) Each PAL shall regulate emissions ofonly one pollutant. (6.) Each PAL shall have a PAL effective period of 10 years. (7.) The owner or operator ofthe major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs (b)(xv)(L) through (N) ofthis section for each emissions unit underthe PALthrough the PAL effective period. (II) Atno time (during or after the PAL effective period) are emissions reductions ofa PAL pollutant that occur during the PAL effective period creditable as decreases for purposes ofoffsets under 40 CFRpart 51.165(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL. (E) Public Participation Requirements For PALs. PALs for existing major stationary sources shall be established, renewed, or increased, through a procedure that is consistent with Chapter 6, Section 2. This includes the requirement that the Division provide the public with notice ofthe proposed approval ofa PAL permit and at least a 30-day period for submittal ofpublic comment. The Division must address all material comments before taking final action on the permit. (F) Setting the 1 0-Year Actuals PAL Level. {I) Except as provided in paragraph (b)(xv)(F){II) ofthis section, the actuals PAL level for a major stationary source shall be established as the sum ofthe baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal tothe applicable significant level for the PAL pollutant under the definition of"Significant" in Section 4(a) or under the Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24- month period must be used to determine the baseline actual emissions for all existing emissions units; however, a different consecutive 24-month period may be used for each

6-35different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The Division shall specify a reduced PAL level(s) (in tons/yr) in the PAL permitto become effective on the future compliance date(s) ofany applicable Federal or State ofWyoming regulatory requirement(s) that the Division is aware ofprior to issuance ofthe PAL permit. For instance, ifthe source owner or operator will be required to reduce emissions from industrial boilers in halffrom baseline emissions of60 ppm 

### NOx to a new rule limit of30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by halfofthe original baseline emissions ofsuch unit(s). (II) For newly constructed units (which do not include modifications to existing units) on which actual construction began afterthe 24-month period, in lieu ofadding the baseline actual emissions as specified in paragraph (b)(xv)(F)(I) ofthis section, the emissions must be added to the PAL level in an amount equal to the potential to emit ofthe units. (G) Contents ofthePAL Permit. The PAL permit shall contain, at a minimum, the information in paragraphs (b)(xv)(G)(I) through (X) ofthis section. (I) The PAL pollutant and the applicable source-wide emission limitation in tons per year. (II) The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). (Ill) Specification in the PAL permitthat ifa major stationary source owner or operator applies to renew a PAL in accordance with paragraph (b)(xv)(J) ofthis section before the end ofthePAL effective period, then the PAL shall not expire at the end ofthe PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Division. (IV) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. (V) A requirement that, once the PAL expires, the major stationary source is subject to the requirements ofparagraph (b)(xv)(I) ofthis section. (VI) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system datato monthly emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph (b)(xv)(C)(I) ofthis section. (VII) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under paragraph (b)(xv)(M) ofthis section.

6-36(VIII) A requirement to retain the records required under paragraph (b)(xv)(M) ofthis section on site. Such records may be retained in an electronic format. (IX) A requirement to submit the reports required under paragraph (b)(xv)(N) ofthis section by the required deadlines. (X) Any other requirements that the Division deems necessary to implement and enforce the PAL. (H) PAL Effective Period and Reopening ofthe PAL Permit. (I) PAL Effective Period. The PAL effective period shall be 10 years. (II) Reopening ofthe PAL Permit. (1.) During the PAL effective period, the Division shall reopen the PAL permitto:

a. Correct typographical/calculation errors made in setting the PAL orreflect a more accurate determination ofemissions used to establish the PAL; b. Reduce the PAL ifthe owner or operator ofthe major stationary source creates creditable emissions reductions for use as offsets under 40 CFR part 51.165(a)(3)(ii); and

c. Revise the PAL to reflect an increase in the PAL as provided under paragraph (b)(xv)(K) ofthis section. (2.) The Division may reopen the PAL permit for the following:

a. Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date; b. Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the Division may impose on the major stationary source; and

c. Reduce the PAL ifthe Division determines that a reduction is necessary to avoid causing or contributing to a NAAQS or

6-37PSD increment violation, orto an adverse impact on an AQRV that has been identified for a Federal Class I Area by a Federal Land Manager and for which information is available to the general public. (3.) Except for the permit reopening in paragraph (b)(xv)(H)(II)(l.)a. ofthis section for the correction oftypographical/calculation errors that do not increase the PAL level, all reopenings shall be carried out in accordance with the public participation requirements ofparagraph (b)(xv)(E) ofthis section. (I) Expiration ofa PAL. Any PAL that is not renewed in accordance with the procedures in paragraph (b)(xv)(J) ofthis section shall expire at the end ofthe PAL effective period, and the requirements in paragraphs (b)(xv)(l)(l) through (V) ofthis section shall apply.(I) Each emissions unit (or each group ofemissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (b)(xv)(l)(l)(l.) and (2.) ofthis section. (1.) Within the time frame specified for PAL renewals in paragraph (b)(xv)(J)(II) ofthis section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group ofemissions units, ifsuch a distribution is more appropriate as decided by the Division) by distributing the PAL-allowable emissions for the major stationary source among each ofthe emissions units that existed under the PAL. Ifthe PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under paragraph (b)(xv)(J)(V) ofthis section, such distribution shall be made as ifthePAL had been adjusted. (2.) The Division shall decide whether and how the PAL-allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as the Division determines is appropriate. (II) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Division may approve the use of monitoring systems (source testing, emission factors, etc.) otherthan CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. (Ill) Until the Division issues the revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as required under paragraph (b)(xv)(I)(I)(2.) ofthis section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level ofthe PAL emission limitation.

6-38(IV) Anyphysical change or change in the method of operation at the major stationary source will be subject to Chapter 6, Section 4 requirements ifsuch change meets the definition of"Major modification" in Section 4(a). (V) The major stationary source owneroroperator shall continue to comply with any State ofWyoming or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to paragraph (b)(i)(G) ofthis section, but were eliminated bythe PAL in accordance with the provisions in paragraph (b)(xv)(A)(II)(3.) ofthis section. (J) Renewal ofa PAL. (I) The Division shall follow the procedures specified in paragraph (b)(xv)(E) ofthis section in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration bythe Division. (II) Application Deadline. A major stationary source owner or operator shall submit a timely application to the Division to request renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier than 18 months from, the date ofpermit expiration. This deadline for application submittal is to ensure thatthe permit will not expire before the permit is renewed. Ifthe owner or operator ofa major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. (III) Application Requirements. The application to renew a PAL permit shall contain the information required in paragraphs (b)(xv)(J)(III)(1.) through (4.) ofthis section. (1.) The information required in paragraphs (b)(xv)(C)(I) through (Ill) ofthis section. (2.) A proposed PAL level. (3.) The sum ofthe potential to emit ofall emissions units under the PAL (with supporting documentation). (4.) Any other information the owner oroperator wishes the Division to consider in determining the appropriate level for renewing the PAL.

6-39{IV) PAL Adjustment. In determining whether and how to adjust the PAL, the Division shall consider the options outlined in paragraphs (b)(xv)(J)(IV)(l.) and (2.) ofthis section; however, in no case may any such adjustment fail to comply with paragraph (b)(xv)(J)(IV)(3.) ofthis section. (1.) lfthe emissions level calculated in accordance with paragraph (b)(xv)(F) ofthis section is equal to or greater than 80 percent ofthe PAL level, the Division mayrenew the PAL at the same level without considering the factors set forth in paragraph (b)(xv)(J){IV)(2.) ofthis section; or (2.) The Division may set the PAL at a level that it determines to be more representative ofthe source's baseline actual emissions, orthat it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, orother factors as specifically identified by the Division in its written rationale. (3.) Notwithstanding paragraphs (b)(xv)(J)(IV)(1.) and (2.) ofthis section:

a. Ifthepotential to emit ofthe major stationary source is less than the PAL, the Division shall adjust the PAL to a level no greater than the potential to emit ofthe source; and b. The Division shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions ofparagraph (b)(xv)(K) ofthis section (increasing a PAL). (V) Ifthe compliance date for a State ofWyoming or Federal requirement that applies to the PAL source occurs during the PAL effective period, and iftheDivision has not already adjusted for such requirement, the PAL shall be adjusted at the time ofPAL permit renewal or Chapter 6, Section 3 operating permit renewal, whichever occurs first. (K) Increasing a PAL During the PAL Effective Period. (I) The Division may increase a PAL emission limitation only ifthe major stationary source complies with the provisions in paragraphs (b)(xv)(K)(I)(l.) through (4.) ofthis section. (I.) The owner or operator ofthe major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL.

6-40(2.) As part ofthis application, the major stationary source owner or operator shall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units assuming application ofBACT equivalent controls, plus the sum ofthe allowable emissions ofthe new or modified emissions unit(s), exceeds the PAL. The level ofcontrol that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level ofBACT or LAER with which that emissions unit must currently comply. (3.) The owner or operator obtains a Chapter 6, Section 4 permit for all emissions unit(s) identified in paragraph (b)(xv)(K)(I)(l.) ofthis section, regardless ofthe magnitude ofthe emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the Chapter 6, Section 4 process (for example, BACT), even though they have also become subject to the PAL or continue to be subjectto the PAL. (4.) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emitthe PAL pollutant. (II) The Division shall calculate the new PAL as the sum ofthe allowable emissions for each modified ornew emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units (assuming application ofBACT equivalent controls as determined in accordance with paragraph (b)(xv)(K)(I)(2.) ofthis section), plus the sum ofthe baseline actual emissions ofthe small emissions units. (III) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofparagraph (b)(xv)(E) of this section. (L) Monitoring Requirements for PALs. (I) General Requirements. (1.) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions ofthe PAL pollutant in terms ofmass per unit oftime. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the

6-41information.generated by such system must meet minimum legal requirements for admissibility in ajudicial proceeding to enforce the PAL permit. (2.) The PAL monitoring system must employ one or more ofthe four general monitoring approaches meeting the minimum requirements set forth in paragraphs (b)(xv)(L)(II)(l.) through (4.) ofthis section and must be approved bythe Division. (3.) Notwithstanding paragraph (b)(xv)(L)(I)(2.) of this section, you may also employ an alternative monitoring approach that meets paragraph (b)(xv)(L)(I)(l.) ofthis section ifapproved by the Division. (4.) Failure to use a monitoring system that meets the requirements ofthis section renders the PAL invalid. (II) Minimum Performance Requirements For Approved Monitoring Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (b)(xv)(L)(III) through (IX) ofthis section: (1.) Mass balance calculations for activities using coatings or solvents; (2.) CEMS; (3.) CPMS or PEMS; and (4.) Emission factors. (Ill) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: (1.) Provide a demonstrated means ofvalidating the published content ofthe PAL pollutantthat is contained in or created by all materials used in or at the emissions unit; (2.) Assume that the emissions unit emits all ofthe PAL pollutant that is contained in or created by any raw material orfuel used in or at the emissions unit, ifit cannot otherwise be accounted for in the process; and (3.) Where the vendor ofa material or fuel, which is used in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operator must use the highest value ofthe range to calculate the

6-42PAL pollutant emissions unless the Division determines there is site-specific data or a site-specific monitoring program to support another content within the range. {IV) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements: (I.) CEMS must comply with applicable Performance Specifications found in 40 CFR part 60, Appendix B; and (2.) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions unit is operating. (V) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: (I.) The CPMS orthe PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range ofoperation ofthe emissions unit; and (2.) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Division, while the emissions unit is operating. (VI) Emission Factors. An owner oroperator using emission factors to monitor PAL pollutant emissions shall meet the following requirements: (1.) All emission factors shall be adjusted, if appropriate, to account for the degree ofuncertainty or limitations in the factors' development; (2.) The emissions unit shall operate within the designated range ofuse for the emission factor, ifapplicable; and (3.) Iftechnically practicable, the owner or operator ofa significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months ofPAL permit issuance, unless the Division determines that testing is not required. (VII) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period oftime that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.

6-43(VIII) Notwithstanding the requirements in paragraphs (b)(xv)(L)(III) through (VIII) ofthis section, where an owner or operator ofan emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points ofthe emissions unit, the Division shall, at the time ofpermit issuance: (1.) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or (2.) Determine that operation ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation ofthePAL. (IX) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Division. Such testing must occur at least once every 5 years after issuance ofthe PAL. (M) Recordkeeping Requirements. (I) The PAL permit shall require an owner or operatorto retain a copy ofall records necessary to determine compliance with anyrequirement of paragraph (b)(xv) ofthis section and ofthe PAL, including a determination ofeach emissions unit's 12-month rolling total emissions, for 5 years from the date ofsuch record. (II) The PAL permit shall require an owner or operatorto retain a copy ofthe following records, for the duration ofthePAL effective period plus 5 years: (1.) A copy ofthe PAL permit application and any applications for revisions to the PAL; and (2.) Each annual certification ofcompliance pursuant to Chapter 6, Section 3 and the data relied on in certifying the compliance. (N) Reporting and Notification Requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Division in accordance with the applicable Chapter 6, Section 3 operating permit program. The reports shall meet the requirements in paragraphs (b)(xv)(N)(I) through (III) ofthis section.

6-44{I) Semi-annual Report. The semi-annual report shall be submitted to the Division within 30 days ofthe end ofeach reporting period. This report shall contain the information required in paragraphs (b)(xv)(N)(I){l.) through (7.) ofthis section. (I.) The identification ofowner and operator and the permit number. (2.) Total annual emissions (tons/year) based on a 12-monthrolling total for each month in the reporting period recorded pursuantto paragraph (b)(xv)(M)(I) ofthis section. (3.) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculatingthe monthly and annual PAL pollutant emissions. (4.) A list ofany emissions units modified or added to the major stationary source during the preceding 6-month period. (5.) The number, duration, and cause ofany deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. (6.) A notification ofa shutdown ofany monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored bythe monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant orthe number determined by method included in the permit, as provided by paragraph (b)(xv)(L){VII) ofthis section. (7.) A signed statement bythe responsible official (as defined bythe applicable Chapter 6, Section 3 operating permit program) certifying the truth, accuracy, and completeness ofthe information provided in the report. (II) Deviation Report. The major stationary source owner or operator shall promptly submit reports ofany deviations or exceedance ofthe PAL requirements, including periods where no monitoring is available. A report submitted pursuant to Chapter 6, Section 3(h)(i)(C)(III){2.) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by Chapter 6, Section 3(h){i)(C)(III)(2.). Thereports shall contain the following information: (1.) The identification ofowner and operator and the permit number;

6-45(2.) The PAL requirement that experienced the deviation or that was exceeded; (3.) Emissions resulting from the deviation orthe exceedance; and (4.) A signed statement by the responsible official (as defined by the applicable Chapter 6, Section 3 operating permit program) certifying the truth, accuracy, and completeness ofthe information provided in the report. (III) Re-validation Results. The owner oroperator shall submit to the Division the results ofany re-validation test or method within three months after completion ofsuch test ormethod. (0) Transition Requirements. (I) The Division shall not issue a PAL that does not comply with the requirements in paragraphs (b)(xv)(A) through (0) ofthis section after the Administrator has approved regulations incorporating these requirements into Chapter 6, Section 4. (II) The Division may supersede any PAL which was established prior to the date ofapproval ofthis regulation bythe Administrator ofEPA with a PAL that complies with the requirements ofparagraphs (b)(xv)(A) through (0) of this section. (xvi) Ifany provision ofthis section, or the application ofsuch provision to any person or circumstance, is held invalid, the remainder ofthis section, orthe application ofsuch provision to persons or circumstances otherthan those as to which it is held invalid, shall not be affected thereby. (xvii) Transition: (A) The requirements for BACT in Chapter 6, Section 4(b)(ii) and the requirements for air quality analysis in Chapter 6, Section 4(b)(i) shall not apply to a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner or operator ofthe source submitted an application for a permit under these regulations before August 7, 1980, and the Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirements ofChapter 6, Section 4 as in effect on January 25, 1979, apply to any such source ormodification. (B) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was subject to Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner or operator ofthe source or

6-46modification submits an application for a permit under these regulations on orbefore June 8, 1981, and the Administrator subsequently determines thatthe application submitted before that date was complete with respect to the requirements for ambient air quality data analyses as in effect on January 25, 1979. Instead, the latter requirements shall apply to such source or modification. (C) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was not subjectto Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner or operator ofthe source ormodification submits an application for a permit under these regulations before June 8, 1981, and the Administrator subsequently determines thatthe application as submitted before that date was complete except with respect to the requirements in paragraph (b)(i)(F). (D) The requirements for air quality monitoring for PM 10 in paragraphs (b)(i)(E)(I) through (IV) ofthis section, effective February 13, 1989, shall not apply to a particular source or modification, ifthe owner or operator ofthe source or modification submits an application for a permit under Chapter 6, Section 4 on orbefore June 1, 1988 and the Administrator subsequently determines thatthe application submitted before that date was complete, except with respect to the requirements for monitoring particulate matter. (E) The requirements for air quality monitoring ofPM 10 in paragraphs (b)(i)(E)(IV) through (b)(i)(E)(V) ofthis section, effective February 13, 1989, shall apply to a particular source or modification if the owner or operator ofthe source or modification submits an application for a permit under this section after June 1, 1988 and no later than December 1, 1988. The data shall have been gathered over at least the period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (b)(xvii)(G) ofthis section, except that the Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered overthat shorterperiod of time. (F) For any application under this section that becomes complete except as to the requirements ofparagraphs (b)(i)(E)(III) and (b)(i)(E)(IV) pertaining to PM10, after December 1, 1988 and no later than August 1, 1989, the data that paragraph (b)(i)(E)(III) requires will have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwise complete. The Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered overthat shorter period oftime. (G) With respect to any requirements for air quality monitoring of PMw specified under paragraphs (b)(xvii)(D) and (b)(xvii)(E) ofthis section, effective

6-47February 13, 1989, the owner or operator ofthe source or modification shall use a monitoring method approved bythe Administrator and shall estimate the ambient concentrations ofPM 10 using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Administrator. (H) The requirement to demonstrate compliance with the maximum allowable increment for nitrogen dioxide shall not apply to a major stationary source or major modification that was subjectto Chapter 6, Section 4, as effective on February 8, 1988, ifthe owner or operator ofthe source or modification submits an application for a permit under these regulations on or before October 30, 1990 and the Administrator subsequently determines that the application submitted before that date was complete. (I) The requirement to demonstrate compliance with the maximum allowable increment for PM 10 shall not applyto a major stationary source ormajor modification that was subjectto Chapter 6, Section 4, as effective onJune 3, 1993, ifthe owner oroperator ofthe source or modification submits an application for a permit under these regulations on or before the effective date ofthis regulation revision and the Administrator subsequently determines that the application submitted beforethat date was complete. Instead, the requirement to demonstrate compliance with the maximum allowable increment for TSP, as in effect at the time the application was submitted, shall apply: Maximum Allowable Increments ofDeterioration- J.tg/m3

Pollutant Class I Class II Particulate Matter: TSP, Annual geometric mean TSP, 24-hour maximum* 

### 5 10 19 37 *Maximum allowable increment may be exceeded once per year at anyreceptor site. (c) All national parks, national wilderness areas, and national memorial parks in Wyoming as ofJanuary 25, 1979, shall be designated Class I and maynot be redesignated. All other areas ofthe State ofWyoming shall be designated Class II as of the effective date ofthis regulation. (d) Redesignation. All redesignation ofareas within the State ofWyoming shall be accomplished through the process ofestablishment ofStandards and Regulations set forth in the Wyoming Environmental QualityAct. (i) The following areas may be redesignated only as Class I or Class II areas:

6-48(A) An area which exceeds 10,000 acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore; and (B) A national park or national wilderness area which exceeds 10,000 acres in size and is established after the effective date ofthis regulation. (ii) Except as provided in paragraph (c) above, any area may be redesignated as Class I or II, with the approval ofthe Administrator ofthe Environmental Protection Agency, in accordance with the provisions ofparagraph (iii) below; provided, however, that lands within the exterior boundaries ofreservations offederally recognized Indian tribes may be redesignated to any class, but only bythe appropriate Indian governing body. (iii) (A) At least one public hearing must be held in accordance with the provisions for adoption ofregulations as set forth in the Administrative Procedures Act and the Wyoming Environmental Quality Act. (B) At least 30 days priorto the public hearing, a description and analysis ofthe health, environmental, economic, social and energy effects ofthe proposed redesignation shall be prepared and made available for public inspection. Any person petitioningthe Department or Council to redesignate an area shall be responsible for preparing or submitting such description and analysis. Such persons shall also be responsible for revising this required documentation to the extent necessary to satisfy the Administrator ofthe U.S. EPA. The notice ofthe public hearing shall contain appropriate notification ofthe availability ofthe description and analysis ofthe proposed redesignation. (C) Agencies from neighboring states, Indian governing bodies, Federal Land Managers, and local governments whose land may be affected by the proposed redesignation shall be notified at least 30 days priorto the hearing. (D) Priorto proposing a redesignation, the Division and the Air Quality Advisory Board shall consult with the elected leadership oflocal and other substate general purpose governments in the area covered bythe redesignation. (E) Priorto public notice ofthe proposed redesignation the Division shall provide written notice to any Federal Land Manager who may be responsible for any federal lands within the area proposed for such redesignation and shall afford adequate opportunity (but not in excess of60 days) to confer with the State respecting the intended notice ofdesignation. The Federal Land Manager shall be offered the opportunityto submit written comments and recommendations with respect to such intended notice ofredesignation. In redesignating any area with respect to which the federal land manager has submitted written comments and recommendations, the Division will publish a list ofany inconsistencybetween such redesignation and such

6-49recommendation with an explanation ofsuch inconsistency (together with the reasons for making such redesignation against the recommendation ofthe Federal Land Manager). (F) The Council shall review and examinethe description and analysis prepared pursuant to subparagraph (iii)(B) above prior to anyredesignation. (iv) (A) Ifan area has been proposed for redesignation to a more stringent class, no permitto construct may be granted to a source which may cause an impact in the area proposed for redesignation and for which an application to construct is received bythe Division after the filing ofthe petition for redesignation with the Environmental Quality Council until the proposed redesignation has been acted upon; however, approval may be granted if, in the Administrator'sjudgment, the proposed source would not violate the applicable increments ofthe proposed redesignation. Such approval shall be withheld only so long as in the Administrator'sjudgment, the petitioner is expeditiously proceeding toward development ofthe "description and analysis" required under (iii)(B) above, and provided that such "description and analysis" is complete and submitted to the Council for action on the petition within 18 months ofthe filing ofthe initial petition. Upon good cause shown, the Council may extend the foregoing deadline. (B) Where an application for a permitto construct a source has been received by the Division priorto the receipt bythe Council ofa petition for redesignation ofan area to a more stringent class and where such source may cause an impact in the area proposed for redesignation, the permit application shall be processed considering the classification ofan area which existed at the time ofpermit application. For purposes ofestablishing a priority date under this Chapter 6, Section 4(d)(vi)(B), (1) such permit application is not required to meet the provisions for completeness in Chapter 6, Section 2, and (2) the time frames in Chapter 6, Section 2(g) for action on applications shall not apply. However, a priority date established under Chapter 6, Section 4(d)(vi)(B), shall remain in effect only so long as in the Administrator'sjudgment, the applicant is expeditiously proceeding toward the development and submittal ofsuch other information and data as required to make the application complete under the provisions ofChapter 6, Section 2, and provided that such other information and data is submitted to, andjudgedto be complete by the Administrator within 18 months ofthe filing ofthe initial permit application. Upon good cause shown, the Administrator may extend the foregoing deadline. Section 14. Incorporation by reference. (a) Code ofFederal Regulations (CFR). Except as otherwise noted, all Code of Federal Regulations (CFRs) cited in this chapter, including their Appendices, revised and published as ofJuly 1, 2010, not including any later amendments, are incorporated by reference. Copies ofthe Code ofFederal Regulations are available for public inspection

6-50and copies can be obtained at cost from the Department ofEnvironmental Quality, Division ofAir Quality, 122 W. 25 1 h Street, Cheyenne, Wyoming 82002. Copies ofthe CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214.

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# • 

# ..

REDLINE/STRIKEOUT SUMMARY VERSION

FORINFORMATIONAL PURPOSES ONLY EPA PENDING SIPAPPROVALS

- CHAPTER SECTIONS 4 13 

### AND 14- R-18 (5/11/2011), AND

PermittingRequirements 

### CHAPTER6 Section 4. Prevention ofsignificantdeterioration. (a) Definitions. Forpurposes ofthis section: 

### "Actualemissions" means the actual rate ofemissions ofa regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (i) through (iii) ofthis definition, exceptthat this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under paragraph (b)(xv) ofthis section. Instead, the definitions for "Projected actual emissions" and "Baseline actual emissions" ofthis section shall apply for those purposes. (i) In general, actual emissions as ofa particulardate shall equal the average rate, in tons peryear, at which the unit actually emittedthe pollutant during a consecutive 24-month period which precedes the particulardate and which is representative ofnormal source operation. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored, orcombusted during the selected time period. (ii) The Division may presume that source-specific allowable emissions for the unit are equivalentto the actual emissions ofthe unit. (iii) For any emissions unitthat has notbegun normal operations onthe particular date, actual emissions shall equal the potential to emit ofthe unit on that date. 

### "Administrator"means Administrator ofthe Division ofAir Quality, Wyoming Department ofEnvironmental Quality. 

### "Allowable emissions"means the emission rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subjectto enforceable permit conditions which limit the operating rate or hours ofoperation, or both) and the most stringent ofthe following:

6-1

### (i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these regulations and othernew source performance standards and national emission standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the State ofWyoming. (ii) Any other applicable emission limit in these regulations. (iii) The emission rate agreed to bythe owner or operator as an enforceable permit condition. 

### "Baseline actualemissions"means the rate ofemissions, in tons peryear, ofa regulated NSR pollutant, as determined in accordance with paragraphs (i) through (iv) of this definition. (i) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tonsperyear, at which the unit actually emittedthe pollutant during any consecutive 24-monthperiod selected bythe owner or operator within the 5-yearperiod immediatelypreceding when the owner oroperatorbegins actual construction ofthe project. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) For a regulated NSRpollutant, when aproject involves multiple emissions units, only one consecutive 24-monthperiod must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSRpollutant. (D) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired byparagraph (i)(B) ofthis definition. (ii) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected bythe owner oroperator within the 1 0-yearperiod immediatelypreceding eitherthe date the owner oroperatorbegins actual construction ofthe project, orthe date a completepermit application is received by the Division for a Chapter 6, Section 4

6-2

### permit, whichever is earlier, exceptthat the 10-yearperiod shall not include any period earlierthanNovember 15, 1990. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) The average rate shall be adjusted downward to exclude any emissions thatwould have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period; however, ifan emission limitation is part ofa maximum achievable control technology standard that the EPA Administratorproposed orpromulgated under 40 CFR 63, the baseline actual emissions need only be adjusted ifthe Division has taken credit for such emissions reductions in an attainment demonstration ormaintenance plan consistent withthe requirements of40 CFR 51.165(a)(3)(ii)(G). (D) For a regulated NSRpollutant, when a project involves multiple emissions units, only one consecutive 24-monthperiod must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-monthperiod can be used for eachregulatedNSRpollutant. (E) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired byparagraphs (ii)(B) and 

### (C) ofthis definition. (iii) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all otherpurposes, shall equal the unit's potential to emit. (iv) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (i) 

### ofthis definition, for otherexisting emissions units in accordance with the procedures contained in paragraph (ii) ofthis definition, and for a new emissions unit in accordance withthe procedures contained in paragraph (iii) ofthis definition. · 

### "Baseline area"means any intrastate area (and every partthereof) designated as attainment orunclassifiable under the Federal Clean AirAct in which a major source or major modification establishingthe minor source baseline date would construct orwould

6-3(i) The following baseline areas have been designated as separate particulate matter attainment areas under section 107 ofthe Clean AirAct: (A) The PowderRiver Basin Area, described as that areabounded by Township 40 through 52 North, and Range 69 through 73 West, inclusive ofthe Sixth Principal Meridian, Campbell and Converse Counties, excludingthe areas defined as the Pacific Power and Light attainment area and the Hampshire Energy attainment area. (B) The Pacific Power and LightArea, described as that area bounded by the NWY4 ofSection 27, T50N, R71W, Campbell County, Wyoming. 

### (C) The Hampshire Energy Area, described as that area bounded by Section 6 excludingthe SWY4; E\12 Section 7; Section 17 excludingthe SWY4; Section 14 excludingthe SEY4; Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 ofT48N, R70W and Section 26 excludingthe NEY4; SWY4 Section 23; Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34,35 ofT49N, R70W, Campbell County, Wyoming. (D) The Kennecott-Puron Area, described as the area bounded by the WY2SWY4 Section 18, WY2NWY4, NWY4SWY4 Section 19, T47N, R70W, S\12 Section 13, N\12, NY2SWY4, NY2SEY4 Section 24 T47N, R71W, Campbell County, Wyoming. (E) The remainder ofthe State ofWyoming. (ii) Anybaseline area established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM10 increments. 

### "Baseline concentration"means that ambient concentration level which exists in the baseline area at the time ofthe applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: (i) The actual emissions, as defined in this section, representative of sources in existence on the applicable minor source baseline date, except as provided in paragraph (iv) ofthis definition; (ii) The allowable emissions ofmajor stationary sources which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date;

6-4(iii) Contributions due to emissions from any emitting source or modification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a) and qualified as "major"priorto August 7, 1980 only because fugitive emissions were included in determiningpotential to emit, (2) submitted a complete permit application under Chapter 6, Section 4(b) orthe Federal Clean AirAct priorto August 7, 1980, and (3) was in existence as ofthe minor source baseline date; (iv) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increment: (A) Actual emissions, as defined in this section, from any major stationary source on which construction commenced afterthe major source baseline date; and (B) Actual emissions increases and decreases, as determined in accordance with the definition for "Actual emissions" in this section, at any stationary source occurring after the minor source baseline date. 

### "Begin actualconstruction"means, in general, initiation ofphysical on-site construction activities on an emissions unit which are ofa permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofunderground pipework, and construction ofpermanent storage structures. With respect to a change in method ofoperation this term refers to those onsite activities, other than preparatory activities, which mark the initiation ofthe change. 

### "Bestavailable controltechnology"means an emission limitation (including a visible emission standard) based on the maximum degree ofreduction ofeachpollutant subjectto regulation underthese Standards and Regulations orregulation underthe Federal Clean AirAct, which would be emitted from orwhich results for anyproposed major stationary source ormajormodification which the Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and othercosts, determines is achievable for such source ormodification through application or production processes and available methods, systems, and techniques, including fuel cleaning ortreatment or innovative fuel combustion techniques for control ofsuch pollutant. Ifthe Administrator determines thattechnological oreconomic limitations on the application ofmeasurement methodology to a particular emissions unit would make the imposition ofan emission standard infeasible, he may instead prescribe a design, equipment, workpractice oroperational standard orcombinationthereofto satisfythe requirement ofBestAvailable Control Technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation ofsuch design, equipment, workpractice, oroperation and shall provide for compliance by means which achieve equivalent results. Application ofBACT shall notresult in emissions in excess ofthose allowed under Chapter 5, Section 2 or Section 3 ofthese regulations and any other new source performance standard ornational emission standards for hazardous air pollutants promulgated bythe EPA butnot yet adopted bythe State ofWyoming.

6-5

### "Clean coaltechnology"means any technology, includingtechnologies applied at the precombustion, combustion, orpostcombustion stage, at a new or existing facility which will achieve significantreduction in air emissions ofsulfur dioxide or oxides of nitrogen associated with the utilization ofcoal in the generation ofelectricity, orprocess steam which was not in widespread use as ofNovember 15, 1990. 

### "Clean coaltechnology demonstrationproject"means a projectusing funds appropriated underthe heading "DepartmentofEnergy-Clean Coal Technology", up to a total amount of$2,500,000,000 for commercial demonstration ofclean coal technology, or similarprojects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost ofthe demonstration project. 

### "Commenced", as applied to construction ofa major stationary source ormajor modification, means that the owner oroperatorhas obtained a Construction Permit required by Chapter 6, Section 2 and eitherhas (i) begun, orcaused to begin, a continuous program ofactual on-site construction ofthe source or (ii) entered into binding agreements or contractual obligations, which cannot be canceled ormodified without substantial loss to the owner oroperator, to undertake a program ofconstruction ofthe source to be completed within a reasonable time. 

### "Complete" means, in reference to an application for a permit, thatthe application contains all the information necessary for processingthe application. Designating an application complete for purposes ofpermitprocessing does notpreclude the Division from requesting or accepting any additional information. 

### "Construction"means any physical change orchange in the method ofoperation (including fabrication, erection, installation, demolition, ormodification ofan emissions unit) which would result in a change in emissions. 

### "Continuous emissionsmonitoringsystem (CEMS)" means all ofthe equipment that may be required to meet the data acquisition and availability requirements ofthis section, to sample, condition (ifapplicable), analyze, and provide a record ofemissions on a continuous basis. 

### "Continuous emissions ratemonitoringsystem (CERMS)"means the total equipmentrequired for the determination and recording ofthe pollutantmass emissions rate (in terms ofmass per unit oftime). 

### "Continuousparametermonitoringsystem (CPMS)" means all ofthe equipment necessary to meet the data acquisition and availability requirements ofthis section, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow

6-6

### rate, 0 2 

### orC02 

### concentrations), and to record average operational parametervalue(s) on a continuous basis. 

### "Electric utility steamgenerating unit"means any steam electric generating unit that is constructed for the purpose ofsupplying more than one-third ofits potential electric output capacity and more than 25 MW electrical outputto any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose ofproviding steam to a steam-electric utility steam generatorthat would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. 

### "Emissions unit"means any partofa stationary source that emits orwould have the potential to emit any regulated NSRpollutant and includes an electric utility steam generating unit as defined in this section. Forpurposes ofthis section, there are two types ofemissions units as described in paragraphs (i) and (ii) 

### ofthis definition. (i) A new emissions unit is any emissions unit that is (or will be) newly constructed and thathas existed for less than 2 years from the date such emissions unit first operated. (ii) 

### An existing emissions unit is any emissions unitthat does not meet the requirements in paragraph (i) 

### ofthis definition. 

### "Enforceable"means all limitations and conditions which are enforceable under provisions ofthe Wyoming Environmental Quality Act and/or are federally enforceable by the Administrator ofthe EPA, including those requirements developed pursuantto 40 CFRparts 60 and 61, requirements within the State Implementation Plan, and any permit requirements established pursuantto 40 CFR 52.21 orunderregulations approved pursuantto 40 CFR 51.18 or 51.166. 

### "FederalLandManager"means, with respect to any lands in the United States, the Secretary ofthe Department with authority over such lands. 

### "Fugitive emissions"means those emissions which could notreasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

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# •

6-8

### "High terrain"means any area having an elevation 900 feet ormore above the base ofthe stack ofa source. 

### "Indian GoverningBody"means the governing body ofany tribe, band, or group ofIndians subjectto thejurisdiction ofthe United States and recognized bythe United States as possessingpowerofself-Government. 

### "IndianReservation"means any federally recognized reservation established by treaty, agreement, executive order, or act ofCongress. 

### "Innovative controltechnology" means any system ofairpollution control that has not been adequately demonstrated in practice, butwould have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice orofachieving at least comparable reductions at lower cost in terms ofenergy, economics, ornon air quality environmental impacts. 

### "Lowest achievable emission rate (LAER)"means, for any source, the more stringent rate ofemissions based onthe following: (i) The most stringent emissions limitation which is contained in the implementation plan ofany State for such class orcategory ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or (ii) The most stringent emissions limitation which is achieved in practice by such class orcategory ofstationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new ormodified emissions units within a stationary source. In no event shall the application ofthe term permit a proposed new ormodified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard ofperformance. 

### "Low terrain"means any area otherthan high terrain. 

### "Majormodification"means any physical change in orchange in the method of operation ofa major stationary source thatwould result in: a significantemissions increase (as defined in the definition for "Significant emissions increase" in this section) ofa regulatedNSRpollutant (as defined in the definition for "RegulatedNSRpollutant" in this section); and a significant net emissions increase ofthatpollutant from the major stationary source. Any significant emissions increase (as defined in the definition for

6-9

### "Significant emissions increase" in this section) from any emissions units ornet emissions increase (as defined in the definition for "Netemissions increase" in this section) at a major stationary source that is significant for volatile organic compounds or NOx shall be considered significantfor ozone. (i) A physical change or change in the method ofoperation shall not include: (A) Routine maintenance, repair and replacement. (B) Use ofan alternative fuel by reason ofan orderunder section 125 ofthe Federal Clean Air Act; 

### (C) An increase in the hours ofoperation or in the production rate, ifsuch increase does not exceed the operating design capacity ofthe major stationary source unless such change would be prohibited by, orinconsistentwith, an enforceable permit issued by the Division; (D) Use ofan alternative fuel or raw material by reason ofan order in effect under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), orby reason ofa natural gas curtailmentplan in effectpursuantto the Federal PowerAct; (E) Use ofan alternative fuel orraw material, ifpriorto January 6, 1975, the source was capable ofaccommodating such fuel ormaterial unless such change would be prohibited by, orinconsistent with, an enforceable permit issued by the Division, orifthe source is approved to use such fuel or material through an enforceable permit issued underthese regulations; (F) Change in ownership ofthe stationary source; (G) The use ofmunicipal solid waste as an alternative fuel at a steam generating plant; (H) The installation, operation, cessation orremoval ofa temporary clean coal technology demonstration project, providedthat the project complies with: (I) 

### The Wyoming State Implementation Plan, and (II) Otherrequirements necessaryto attain and maintain the national ambient air quality standards during the project and after it is terminated. (I) 

### The installation oroperation ofa permanent clean coal technology demonstration projectthat constitutes repowering, provided that the project

6-10

### does not result in an increase in the potential to emit ofanyregulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutantbasis. (J) The reactivation ofa very clean coal-fired electric utility steam generating unit. (ii) This definition shall not apply with respect to a particularregulated NSRpollutantwhen the major stationary source is complying with the requirements underparagraph (b)(xv) ofthis section for a PAL for thatpollutant. Instead, the definition in paragraph (b)(xv)(B) for "PAL major modification" ofthis section shall apply. 

### "Majorsourcebaselinedate"means: (i) 

### In the case of and sulfur dioxide, January 6, 1975;and (ii) In

### the case ofnitrogen dioxide, February 8, 1988.



### "Majorstationary source"means (a) any ofthe following stationary sources of airpollutants which emit, or have the potential to emit, one hundred tons peryear ormore ofany airpollutant for which standards are established under these Standards and

.........**~u**..... ·,

Jll" 

### orunder the Federal Clean Air fossil fuel-fired steam electric plants ofmore than two hundred and fifty million British thermal units perhour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, Portland Cementplants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable ofcharging more than two hundred and fifty tons ofrefuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processingplants, coke oven batteries, sulfur recovery plants, carbon blackplants (furnace process), primary lead smelters, fuel conversion plants, sinteringplants, secondary metal production plants, chemical process plants (which does not include ethanol production facilities thatproduce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil fuel boilers (or combinations thereof) ofmore than two hundred and fifty million British thermal units perhour heat input, petroleum storage and transferplants with a capacity exceedingthree hundred thousand barrels, taconite ore processing plants, glass fiber processingplants, charcoal productionplants. (b) 

### Such term also includes any stationary source which emits, orhas the potential to emit, two hundred and fifty tons per year ormore ofany air pollutant for which standards are established under these Standards and · underthe Federal Clean Air (c) Such term also includes any physical change that would occur at a stationary source not otherwise qualifying under this definition ifthe change would

6-11

### constitute a major stationary source by itself. (d) A major source which is volatile or

### NOx is consideredto be for ozone.



### "Minorsourcebaselinedate" means the earliest date afterAugust 7, 1977 for and sulfur · · and after February 8, 1988 for nitrogen oxides, on which a major stationary source ormajor modification submits a complete permit application under Chapter 6, Section 4(b) or underthe Federal Clean AirAct. (i) The minor source baseline date for sulfur dioxide for the State of Wyoming is February 2, 1978. (ii) The minor source baseline date for nitrogen oxides for the State of Wyoming is February 26, 1988. (iii) The minor source baseline date for is as follows: (A) Forthe PowderRiver Basin Area- March 6, 1997; (B) Forthe Pacific Power and Light Area- June 18 1980; (C) Forthe Hampshire Energy Area- September 30, 1982; (D) Forthe Kennecott-Puron Area- February 27, 1995; (E) Forthe rest ofthe State ofWyoming- February 22, 1979. (iv) The baseline date is established for eachpollutant for which increments orother equivalent measures have been established, if: (A) The area in which the proposed source ormodification would construct is designated as attainment orunclassifiable underthe Federal Clean Air Act for the pollutant on the date ofits complete application; and (B) In the case ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant.

6-12(v) The baseline date is not established bythe permitapplication for an emitting source ormodification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a), (2) qualified as "major"priorto August 7, 1980 only because fugitive emissions were included in determiningpotential to emit, and (3) submitted a complete permit application under Chapter 6, Section 4(b) or the Federal Clean AirActpriorto August 7, 1980. (vi) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdeterminingthe amount ofavailable PM 10 increments. 

### "Net emissions increase"means, with respect to any regulated NSRpollutant emitted by a major stationary source, the amount bywhich the sum ofthe following exceeds zero: (i) The increase in emissions from a particularphysical change orchange in the method ofoperation at a stationary source as calculated pursuantto paragraph (b)(i)(J) ofthis section; 

### (ii) Any other increases and decreases in actual emissions atthe major stationary source that are contemporaneous with the particularchange and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph (ii) shall be determined as provided in the definition for "Baseline actual emissions", exceptthat paragraphs (i)(C) and (ii)(D) ofthe definition for "Baseline actual emissions" shall not apply. (iii) An increase ordecrease in actual emissions is contemporaneous with the increase from the particularchange only ifit occurs between: (A) The date five years before construction onthe particular change commences; and (B) The date thatthe increase from the particular change occurs. (iv) An increase or decrease in actual emissions is creditable only if: (A) The Division has not relied on it in issuing a Chapter 6, Section 4 permit for the source, which is in effectwhenthe increase in actual emissions from the particularchange occurs. (v) An increase ordecrease in actual emissions ofsulfur dioxide, particulate matter, ornitrogen oxides that occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculatingthe amount ofmaximum allowable increases remaining available.

6-13(vi) An increase in actual emissions is creditable onlyto the extentthat the new level ofactual emissions exceeds the old level. (vii) A decrease in actual emissions is creditable onlyto the extentthat: (A) The old level ofactual emissions orthe old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (B) It is enforceable as a practical matter at and afterthe time that actual construction on the particular change begins; 

### (C) It has approximatelythe same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and (viii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particularpollutant. Any replacement unitthatrequires shakedown becomes operational only after a reasonable shakedown period, notto exceed 180 days. (ix) The definition of"Actual emissions" ofthis section, shall not apply for determining creditable increases and decreases. 

### "Potentialto emit"means the maximum capacity ofa stationary source to emit a pollutantunder its physical and operational design. Anyphysical or operational limitation on the capacity ofthe source to emit a pollutant, including airpollution control equipment and restrictions on hours ofoperation orthe type or amount ofmaterial combusted, stored, orprocessed, shall betreated as part ofits design ifthe limitation or the affect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. 

### "Predictive emissionsmonitoringsystem (PEMS)" means all ofthe equipment necessary to monitorprocess and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 

### 02 or

### C02concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 

### "Project" means a physical change in, or change in method ofoperation of, an existing major stationary source. 

### "Projectedactualemissions"means the maximum annual rate, in tons peryear, at which an existing emissions unit is projectedto emit a regulatedNSRpollutant in any one ofthe 5 years (12-monthperiod) following the date the unitresumes regular operation afterthe project, or in any one ofthe 10 years following that date, ifthe project involves increasingthe emissions unit's design capacity or its potential to emitthat

6-14regulatedNSRpollutant, and full utilization ofthe unit would result in a significant emissions increase, or a significant netemissions increase atthe major stationary source. (i) In determiningthe projected actual emissions underthe above paragraph ofthis section (before beginning actual construction), the owner oroperator of the major stationary source: (A) Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highestprojections ofbusiness activity, the company's filings with the State orFederal regulatory authorities, and compliance plans approved bythe Division; (B) Shall include fugitive emissions to the extentquantifiable and emissions associated with startups, shutdowns, and malfunctions; (C) Shall exclude, in calculating any increase in emissions that results from the particularproject, thatportion ofthe unit's emissions following the projectthat an existing unit could have accommodated duringthe consecutive 24-month period used to establishthe baseline actual emissions under the definition for "Baseline actual emissions" ofthis section and that are also unrelated to the particularproject, including any increased utilization due to product demand growth; or, (D) In lieu ofusing the method set out in paragraphs (i)(A) through 

### (C) ofthis definition, may electto use the emissions unit's potential to emit, in tons peryear, as defined under the definition of"Potential to emit" ofthis section. 

### "Reactivation of a very clean coal-firedelectric utility steamgenerating unit" means anyphysical change orchange in the method ofoperation associated with the commencement ofcommercial operations by a coal-fired utility unit after a period of discontinued operation where the unit: (i) Has not been in operation for the two-yearperiodpriorto the enactment ofthe Clean AirActAmendments of 1990, and the emissions from such unit continue to be carried in the State ofWyoming's emissions inventory atthe time of enactment; (ii) Was equipped priorto shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide ofno less than 85 percent and a removal efficiency for particulates ofnot less than 98 percent; (iii) Is equipped with low-NOx burners priorto the time of commencement ofoperations following reactivation; and (iv) Is otherwise in compliance with the requirements ofthe Clean Air Act.

6-15

### "RegulatedNSRpollutant", for purposes ofthis section, meansthe following: (i) Any pollutant for which a national ambient airquality standard has been promulgated and any pollutant identified underthis paragraph as a constituent or precursorto such pollutant. Precursors identified bythe EPA Administrator for purposes ofNSRare the following: (A) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment andunclassifiable areas. (B) Sulfur dioxide is a precursorto PM2

### .s in all attainment and unclassifiable areas. 

### (C) Nitrogen oxides are presumedto be precursors to PM2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the EPA Administrator's satisfaction orEPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not a significantcontributorto that area's ambientPM2.5 concentrations. (D) Volatile organic compounds are presumed notto be precursors to PM2.5 in any attainment orunclassifiable area, unless the State demonstrates to the EPA Administrator's satisfaction orEPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significantcontributorto that area's ambient PM2

### .s concentrations. (ii) Any pollutantthat is subjectto any standard promulgated under section Ill ofthe Federal CleanAirAct; (iii) Any Class I orII substance subjectto a standard promulgated under orestablished by Title VI ofthe Federal Clean AirAct; (iv) Anypollutantthat otherwise is subjectto regulation under the Federal CleanAirAct; exceptthat any or all hazardous airpollutants either listed in section 112 ofthe Federal Clean Air Act or added to the listpursuantto section 112(b)(2) ofthe Federal Clean AirAct, which have not been delisted pursuantto section 112(b)(3) ofthe Federal CleanAir Act, are notregulated NSRpollutants unless the listed hazardous air pollutant is also regulated as a constituentorprecursor ofa general pollutant listed under section 108 ofthe Federal CleanAirAct. (v) [Reserved.] (vi) Particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source or activity which condenseto form particulate matter at ambienttemperatures. On orafterJanuary 1, 2011, such

6-16

### condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2

### .s and PM 10 

### in PSD permits. Compliance with emissions limitations for PM, PM2

### .s and PM 10 

### issued priorto this date shall not be based on condensableparticulate matterunless required by the terms and conditions ofthe permitorthe applicable implementation plan. Applicability determinations made priorto this date without accounting for condensable particulate matter shall not be considered in violation ofthis section unless the applicable implementationplan required condensableparticulate matter to be included. 

### "Replacement unit"means an emissions unit for which all the criteria listed in this section are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (i) The emissions unit is a reconstructed unit within the meaning of 40 CFRpart 60.15(b)(1), orthe emissions unit completelytakes the place ofan existing emissions unit.(ii) The emissions unit is identical to or functionally equivalentto the replaced emissions unit. (iii) The replacement does not change the basic design parameter(s) (as discussed in 40 CFR part 51.166(y)(2)) ofthe process unit. (iv) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, orpermanently barred from operation by a permitthat is enforceable as a practical matter. Ifthe replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

### "Repowering" means replacement ofan existing coal-fired boilerwith one ofthe following clean coal technologies: atmospheric orpressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as determined bythe Administrator of EPA, in consultation with the Secretary ofEnergy, a derivative ofone ormore ofthese technologies, and any othertechnology capable ofcontrolling multiple combustion emissions simultaneously with improved boiler orgeneration efficiency and with significantly greater waste reduction relative to the performance oftechnology in widespread commercial use as ofNovember 15, 1990. (i) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as ofJanuary 1, 1991, by the Department ofEnergy. (ii) The Administrator shall give expedited considerationto permit applications for any source that satisfies the requirements ofthis subsection and is granted an extension under section 409 ofthe Clean AirAct.

6-17

### "Secondary emissions"means emissions which occur as a result ofthe construction oroperation ofa major stationary source ormajor modification, butdo not come from the major stationary source ormajormodification itself. Forthe purposes of this section, secondary emissions mustbe specific, well defined, quantifiable, and impact the same general areas as the stationary source ormodification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would notbe constructed orincrease its emissions except as a result ofthe construction ormodification ofthe major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofa motor vehicle orfrom a train. 

### "Significant"means: (i) In reference to a netemissions increase orthe potential ofa source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed any ofthe following rates: POLLUTANT AND EMISSIONS RATE Carbon monoxide: Nitrogen oxides: Sulfur dioxide: Particulate matter: PM2.s:

Ozone: Lead: Fluorides: Sulfuric acid mist: Hydrogen sulfide (H2 S): Total reduced sulfur (including H2S): Reduced sulfur compounds (including H2 S): Municipal waste combustororganics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans):

6-18 1 00 tons peryear ( tpy) 40tpy 40tpy 25 tpy ofparticulate matter emissions; 15 tpy ofPM 10 emissions 10 tpy ofdirect PM2.s emissions; 40 tpy ofsulfur dioxide emissions; 40 tpy ofnitrogen oxide emissions unless demonstrated not to be a PM2.s precursorunderthe definition of"RegulatedNSRpollutant" in Section 4(a) ofthis chapter 40 tpy ofvolatile organic compounds ornitrogen oxides 0.6 tpy 3 tpy 7 tpy 10 tpy 10 tpy 10 tpy

3.2 x 10-6 megagrams peryear (3.5 x 10-6 tons peryear)

### Municipal waste combustormetals (measured as particulate matter): Municipal waste combustor acid gases I4 megagrams peryear (I5 tons per year) (measured as sulfur dioxide and hydrogen chloride):36 megagrams peryear (40 tons per year) Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 megagramsperyear (50 tons per year) (ii) "Significant" means, in reference to a net emissions increase orthe potential ofa source to emit a pollutant subjectto these regulations and regulations under the Clean AirAct, thatparagraph (i) above does not list, any emissions rate. 

### (iii) Notwithstandingparagraph (i) 

### above, "significant" means any emissions rate orany net emissions increase associated with a major stationary source or major modification which would construct within I0 kilometers ofa Class I Area, and have an impact on such area equal to or greaterthan I J.tg/m3 

### (24-hour average). 

### "Significantemissions increase"means, for a regulated NSRpollutant, an increase in emissions that is significant (as defined in paragraph (i) ofthe definition of "Significant" in this section) for thatpollutant. 

### "Stationary source"means any structure, building, facility, equipment, installation oroperation (or combination thereof) which emits ormay emit any air pollutant subject to these regulations orregulations underthe Federal Clean Air Act. 

### "Structure, building,facility, equipment, installation, oroperation"means all of the pollutant-emitting activities which belongto the same industrial grouping, are located on one ormore contiguous oradjacent properties, and are underthe control ofthe same person (or persons under common control) exceptthe activities ofany vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the sameMajor Group (i.e., which have the same two-digit code) as described in the StandardIndustrial Classification Manual, 1972, as amended bythe I977 Supplement (U.S. Government Printing Office stock numbers 4IOI-0066 and 003-005- 00I76-0, respectively). 

### "Temporary clean coaltechnology demonstrationproject"means a clean coal technology demonstration projectthat is operated for a period of5 years or less, and which complies with the Wyoming State Implementation Plan and otherrequirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. 

### "Volatile organic compounds (VOCs)" is defined in Chapter 3, Section 6(a) of these regulations.

6-I9(b) Anyperson who plans to construct any major stationary source orundertake a majormodification ofan existing stationary source shall be subjectto the conditions outlined below. (i) (A) (I) The review ofthe stationary source for the construction or modification permit(s) required under Chapter 6, Section 2 ofthese regulations shall apply and shall be expanded so as to include analysis ofthe predicted impact ofthe allowable and secondary emissions from the stationary source onthe ambient air quality in areas affected by such emissions. An analysis ofthe predicted impact ofemissions from the stationary source is required for all pollutants for which standards have been established under these regulations orunderthe Federal Clean AirAct and which are emitted in significant amounts. An analysis ofthe impact ofotherpollutants may be required bythe Administrator. Such analysis shall identify and quantify the impact on the air quality in the area ofall emissions not included in the baseline concentrations including, but not limited to, those emissions resulting from the instant application and all otherpermits issued in the area. The purpose ofthis analysis is to determine the total deterioration ofair quality from the baseline concentrations; however, projections of deterioration due to general non-stationary source growth in the areapredicted to occur afterthe date ofapplication is notrequired. A permitto constructpursuantto Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are complied with and ifthe predicted impact (over and above the baseline concentration) ofemissions defined above is less than the maximum allowable increment shown in Table 1for the classification ofthe area in which the impact is predicted, and ifthe ambient standard for the pollutant(s) is not exceeded. Table 1 Maximum Allowable Increments ofDeterioration

- J..tg/m3

Pollutant Particulate Matter:

PM10, annual arithmetic mean PM 10, 24-hourmaximum SulfurDioxide: Annual arithmetic mean 24-hourmaximum* 3-hourmaximum* Nitrogen Dioxide Annual arithmetic mean Class I 

# I

4 

### 8

2 

### 5 

### 25

2.5 Class II 

# I

17 30

20 91 

### 512

25 *Maximum allowable increment may be exceeded once peryear at anyreceptor site.

6-20(II) Notwithstandingthe provisions ofparagraph (b)(i)(A)(I) above, the following concentrations shall be excluded in determining compliance with maximum allowable increases: (l.) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use ofpetroleum products, natural gas, orboth by reason ofan order in effect under sections 2(a) and (b) oftheEnergy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) overthe emissions from such sources before the effective date ofsuch an order. No such exclusion shall apply for more than five years after the later ofsuch effective dates; (2.) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason ofnatural gas curtailmentplan in effectpursuantto the Federal PowerAct overthe emissions from such sources beforethe effective date ofsuch plan. No such exclusion shall apply for more than 5 years afterthe later ofsuch effective date; (3.) Concentrations ofparticulate matter attributable to the increase in emissions from construction orothertemporary emission-related activities ofnew ormodified sources; (4.) The increase in concentrations attributable to new sources outside the United States overthe concentrations attributable to existing sources which are included in the baseline concentrations; and (5.) Concentrations attributable tothetemporary increase in emissions ofsulfur dioxide, particulate matter, or nitrogen oxides from stationary sources as specified below.

a. The temporary emissions do not occur for more than 2 years.

6-21b. The 2-yeartimeperiod is notrenewable.

c. Such temporary emissions are not eligible for exclusion ifthey would impact a Class I Area or an area where the applicable increment is known to be violated or an area where they would cause or contribute to a violation ofthe applicable ambient air quality standard. d. Atthe end ofthe temporary emission time frame, emissions from the stationary source causingthese temporary emissions shall not exceedthose levels occurring at such source priorto such temporary emission. (B) In addition to the analyses required under Chapter 6, Section 4(b)(i)(A) above, (I) The owneroroperator shall provide an analysis ofthe impairmentto visibility, soils and vegetation thatwould occur as a result ofthe source or modification and general commercial, residential, industrial, and other growth associated with the source ormodification. The owner oroperatorneed notprovide an analysis of the impact on vegetation having no significant commercial orrecreational value. 

### (II) The owneroroperator shall provide an analysis ofthe air quality impactprojected for the area as a result ofgeneral commercial, residential, industrial and other growth associated withthe source ormodification. 

### (C) The requirements for demonstration ofcompliance with applicable increments ofChapter 

### 6, Section 4(b)(i)(A)(I), the additional analysis requirements ofChapter 

### 6, Section 4(b)(i)(B) and the ambient air quality analysis requirements ofChapter

### 6, Section 4(b)(i)(E) shall not apply to a proposed major stationary source ormodification with respect to a particularpollutant ifthe Administrator determines that: (I) The increase in allowable emissions ofthatpollutant from the stationary source orthe net emissions increase ofthatpollutant from a modification would be temporary and would impactno Class I Area and no area where an applicable increment is known to be violated; or 

### (II) The stationary source was in existence onMarch 

### 1, 1978, and that the maximum allowable emission increases only impact Class 

### II Areas, and that after application ofBACT, the increase in allowable emissions ofeachpollutant would be less than 50 tons peryear. (D) Fugitive emissions, to the extent quantifiable, will be considered in calculatingthe potential to emit ofthe stationary source ormodification only for:

6-22(I) Sources listed in Chapter 6, Section 4(a) underthe definition of"Major stationary source", item (a). 

### (II) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 ofthe Clean AirAct. (III) And such other sources as the Environmental Quality Council may later determine. (E) An application subjectto this section shall contain an analysis ofambient air quality in the area that would be affected bythe stationary source or modification as required below: (I) Foreach pollutantthatthe source would have the potential to emit in a significant amount. 

### (II) Forthe modification, each pollutant for which it would result in a significant net emissions increase. (III) Forpollutants for which National AmbientAir Quality Standards have been established, the analysis shall contain continuous airquality monitoring data gathered for purposes ofdetermining whether emissions ofthatpollutant would cause orcontribute to a violation ofthe standard orany maximum allowable increase. (IV) In general, the required continuous air quality monitoring data shall have been gathered over a period ofone year immediately preceding receipt ofthe application. The Administratormayprovide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfiedthat a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorterthan one year. (V) All monitoring conducted pursuantto the requirements ofthis section shall meetthe requirements ofAppendix B of40 CFRpart 58. (VI) The requirements for pre-construction monitoring specified above and under Chapter 

### 6, Section 2(b) with respect to monitoring for a particularpollutant may be waived bythe Administrator upon petition from an applicant if: (1.) The emissions increase ofthe pollutant from a new stationary source orthe net emissions increase ofthe pollutant from a modification would cause, in any area, airquality impacts less thanthe following amounts:

6-23a. Carbon Monoxide- 575 J!g/m3

, 8-hour average; b. Nitrogen Dioxide

- 14 J!g/m3

, annual average;



### c.

PM10, 24-hour average;

•. Sulfur Dioxide

- 13 J!g/m3

, 24-hour average; 

# 1. Ozone (No 

### de minimis air quality level is provided for ozone; however, any net emissions increase of 100 tons peryear ormore of volatile organic compounds ornitrogen oxides subjectto PSD would be required to perform an ambient impact analysis, including the gathering ofair quality data.)

average;

average;

average;

1-hour average; or 

# 1. Lead- 0.1 J!g/m3

, 3-month average;

•. Fluorides

- 0.25 J!g/m3

, 24-hour 

# 1. Total Reduced Sulfur- 10 J!g/m3

, 1-hour 

# 1. Hydrogen Sulfide

- 0.2 J!g/m3

, 1-hour 

# 1. Reduced Sulfur Compounds- 10 J!g/m3

, (2.) The concentrations ofthepollutant in the area that the source ormodification would affect are less than the concentrations listed in paragraph (b)(i)(E)(VI)(1.) ofthis section; or (3.) The pollutant is not listed in paragraph (b)(i)(E)(VI)(1.) ofthis section. (F) The Administrator may require an applicant subjectto the provisions ofthis sectionto conduct an approved visibility monitoring program in any Class I Area which may be impacted byemissions from the proposed stationary source.

6-24(G) At such time that a particular source ormodification becomes a major stationary source ormajor modification solely by virtue ofa relaxation in any enforceable limitation which was established afterAugust 7, 1980 onthe capacity ofthe source ormodification otherwise to emit a pollutant, then all oftheprovisions ofChapter 6, Sections 2 and 4 shall apply to the source or modification as though construction had not yet commenced on the source ormodification. (H) The following specific provisions apply to projects at existing emissions units at a major stationary source (otherthan projects at a source with a PAL) in circumstances where the owner or operator elects to use the method specified in paragraphs (i)(A) through (C) ofthe definition for "Projected actual emissions" for calculatingprojected actual emissions. (I) Before beginning actual construction ofthe project, the owneroroperator shall document and maintain a record ofthe following information: (1.) A description ofthe project; (2.) Identification ofthe emissions unit(s) whose emissions ofa regulated NSRpollutantcould be affected bythe project; and (3.) A description ofthe applicability test used to determine that the project is not a majormodification for any regulated NSRpollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded underparagraph (i)(C) ofthe definition for "Projected actual emissions" in Section 4(a) and an explanation for why such amountwas excluded, and any netting calculations, ifapplicable. (II) Before beginning actual construction, the owneror operator shall provide the information set out in paragraph (b)(i)(H)(I) ofthis section to the Division as a Chapter 6, Section 2 permit application. (III) The owneroroperator shall monitorthe emissions of any regulated NSRpollutantthatcould increase as a result ofthe project andthat is emitted by any emissions unit identified in paragraph (b)(i)(H)(I)(2.) ofthis section; and calculate and maintain a record ofthe annual emissions, in tons peryear on a calendar yearbasis, for a period of5 years following resumption ofregular operations after the change, or for a period of 10 years following resumption ofregular operations afterthe change ifthe project increases the design capacity orpotential to emit ofthatregulated NSRpollutant at such emissions unit. (IV) The owneror operator shall submit a report to the Division within 60 days afterthe end ofeach year during which records mustbe generated underparagraph (b)(i)(H)(III) ofthis section setting outthe unit's annual emissions during the calendar year thatpreceded submission ofthe report.

6-25(I) The owneror operator ofthe source shall makethe information required to be documented and maintained pursuantto paragraph (b)(i)(H) ofthis section available for review upon request for inspection bythe Division orthe general public pursuantto the requirements contained in 40 CFR 70.4(b)(3)(viii). 

### (J) (I) Except as otherwise provided in paragraph (b)(xv) of this section, and consistent withthe definition of"Majormodification" contained in Section 4(a), a project is a major modification for a regulated NSRpollutant ifit causes two types ofemissions increases - a significant emissions increase (as defined in the definition for "Significant emissions increase" in Section 4(a)), and a significant net emissions increase (as defined in the definitions for "Netemissions increase" and "Significant" in Section 4(a)). The project is not a major modification ifit does not cause a significant emissions increase. Ifthe project causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase. (II) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step ofthe process) will occurdepends upon the type ofemissions units being modified, according to paragraphs (b)(i)(J)(III) through (V) ofthis section. The procedure for calculating (before beginning actual construction) whether a significantnetemissions increase will occur atthe major stationary source (i.e., the second step ofthe process) is contained in the definition for "Netemissions increase" in Section 4(a). Regardless ofany such preconstruction projections, a major modification results ifthe project causes a significant emissions increase and a significant net emissions increase. (III) Actual-to-Projected-Actual Applicability Test For Projects That Only Involve ExistingEmissions Units. A significant emissions increase of a regulatedNSRpollutant is projectedto occur ifthe sum ofthe difference betweenthe projected actual emissions (as defined in the definition for "Projected actual emissions" in Section 4(a)) and the baseline actual emissions (as defined in paragraphs (i) and 

### (ii) in the definition of"Baseline actual emissions" in Section 4(a)) for each existing emissions unit, equals or exceeds the significant amount for thatpollutant (as defined in the definition of"Significant" in Section 4(a)). (IV) Actual-to-Potential TestForProjects That Only Involve Construction ofa New Emissions Unit(s). A significant emissions increase ofa regulatedNSRpollutant is projected to occur ifthe sum ofthe difference betweenthe potential to emit (as defined in the definition for "Potential to emit" in Section 4(a)) from each new emissions unit following completion ofthe project and the baseline actual emissions (as defined in paragraph (iii) for the definition of"Baseline actual emissions" in Section 4(a)) ofthese units before the project equals orexceeds the significant amount for thatpollutant (as defined in the definition of"Significant" in Section 4(a)).

6-26

### (V) Hybrid Test ForProjects That Involve Multiple Types ofEmissions Units. A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified in paragraphs (b)(i)(J)(III) and (IV) ofthis section as applicable with respect to each emissions unit, for each type ofemissions unit equals orexceeds the significant amount for thatpollutant (as defined in the definition of"Significant" in Section 4(a)). (ii) (A) The required permit shall not be issued unless the proposed major stationary source ormajor modification would meet an emission limit(s) or equipment standard(s) specified by the Administratorto representthe application ofBest Available Control Technology for each pollutantregulated under these Standards and Regulations and under the Federal Clean Air Act and having the potential to emit in significant amounts. Forphased construction projects, the determination ofBACT shall be reviewed and modified as appropriate at the latest, mostreasonable time no laterthan 18 months priorto commencement ofeach phase ofthe proposedproject. At suchtime, the owner oroperator ofthe applicable stationary source maybe required to demonstrate the adequacy ofany previous determination ofbest available control technology for the stationary source. (B) In the case ofa major modification, the requirements for Best Available Control Technology shall apply only to each new ormodified emissions unit at which a net emissions increase ofthe pollutant would occur. 

### (C) (I) The applicant for a permit for a source subjectto this section may petition the Administratorto approve a system ofinnovative control technology. (II) The Administrator, with the approval ofthe govemor(s) ofother affected state(s) may approve the employment ofa system of innovative control technology if: 

### (I.) The proposed control system would not cause orcontribute to an unreasonable risk to public health, welfare, or safety in its operation or function; (2.) The owner oroperator agrees to achieve a level ofcontinuous emissions reduction equivalentto that which would have been required underparagraphs (ii)(A) and (B) above by a date specified bythe Administrator. Such date shall not be laterthan 4 years from the time ofstartup or7 years from permit issuance. (3.) The major stationary source ormajor modification would meet the requirements equivalentto those in paragraphs (b)(i)(A)(I), (b)(ii)(A), and (b)(ii)(B) above based on the emission rate that the stationary source

6-27employingthe system ofinnovative control technology would be required to meet on the date specified bythe Administrator. (4.) The source or modification would not before the date specified bythe Administrator:

a. Cause orcontribute to any violation ofan applicable National AmbientAir Quality Standard, or b. Impact any Class I Area, or

c. Impact any areawhere an applicable increment is known to be violated. (5.) All other applicable requirements including those for public participation have been met. (III) The approval to employ a system ofinnovative control technology shall be withdrawn bythe Administrator if: (1.) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate, or (2.) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety, or (3.) The Administratordecides at any time that the proposed system is unlikely to achieve the required level ofcontrol orto protectthe public health, welfare, or safety. (IV) Ifthe source ormodification fails to meetthe required level ofcontinuous emissions reduction within the specifiedtime period or ifthe approval is withdrawn in accordance with (III) above, the Administrator may allow the source ormodification upto an additional three years to meetthe requirement for the application ofBACTthrough use ofa demonstrated system ofcontrol. (iii) Temporaryparticulate matteremissions such as those associated with the construction phase ofthe source shall not be included in the determination onthe issuance ordenial ofa required permit and shall not be taken into accountwhen determining compliance withthe maximum allowable increments in Table 1; however, BestAvailable Control Technology shall be applied to abate suchtemporary emission. (iv) All applications ofair quality modeling required underparagraph (b)(i) above shall be based on the applicable models, databases, and otherrequirements specified in Appendix W of40 CFRpart 51 (Guideline onAir Quality Models). Where

6-28an airquality model specified in Appendix W of40 CFRpart 51 (Guideline on Air Quality Models) is inappropriate, the model may be modified oranother model substituted. Such a modification or substitution ofa model maybe made on a case-bycase basis or, where appropriate, on a generic basis for a specific State ofWyoming program. Written approval ofthe EPA Administratormust be obtained for any modification or substitution. In addition, use ofa modified or substituted model must be subjectto notice and opportunity for public commentunderprocedures set forth in Chapter 6, Section 2(g). (v) In any case where the federal official charged with direct responsibility for management ofany lands within a Class I Area, orthe Administrator of EPA orthe governor ofan adjacent state containing such a Class I Area, files a notice alleging that emissions from a proposed source ormajormodification may cause or contribute to a change in the airquality in such area and identifyingthe potential adverse impact ofsuch change, a permit shall not be issued unless the owneror operator ofsuch source demonstrates to the satisfaction ofthe Administratorthat emissions ofparticulate matter, sulfur dioxide, and nitrogen oxides will not cause orcontribute to concentrations which exceedthe maximum allowable increases for the Class I Area in question. (vi) (A) In any case where a Federal Land Managerdemonstrates to the satisfaction ofthe Administratorthatthe emissions from such source will have an adverse impact onthe air quality-related values (including visibility) ofsuch Class I Areas, notwithstanding the fact that the change in airquality resulting from emissions from such source will not cause orcontribute to concentrations which exceed the maximum allowable increases for Class I Areas, a permit shall notbe issued. (B) However, in the case where the Federal Land Manager provides to the Division at least 30 days priorto the Public Notice issued pursuantto Chapter 6, Section 2(m) oftheseregulations, an analysis ofthe impact ofthe emissions on visibility in a Federal Class I Area, the Division mustconsider such analysis in making its proposed decision. Ifthe Federal Land Manager's analysis concludesthat an adverse impact on visibility in the Federal Class I Area will occur butthe Administrator determines that the analysis does notdemonstrate to his satisfaction that such an adverse impact on visibility will occur, the Administrator shall in the Public Notice issued pursuantto the requirements ofChapter 6, Section 2(m), explain his decision orgive notice as to where the explanation can be obtained. (vii) In any case where the owneror operator ofsuch source demonstrates to the satisfaction ofthe Federal Land Manager, and the Federal Land Manager so certifies, thatthe emissions from such source will have no adverse impact onthe air quality-related values ofsuch Class I Areas (including visibility) notwithstandingthe fact thatthe change in air qualityresulting from emissions from such source will cause or contribute to concentrations which exceed the maximum allowable increases for Class I Areas, the Administrator may issue a permit.

6-29(viii) In the case ofa permit issued pursuantto subsection (vii), such source shall complywith such emission limitation under such permit as may be necessary to assure that emissions ofsulfur oxides, particulate matter, and nitrogen oxides from such source, will notcause or contribute to concentrations ofsuch pollutantwhich exceeds the following maximum allowable increases overthe baseline concentration for such pollutants:

Particulate matter:

PM 10, annual arithmetic mean PM 10, 24-hour maximum Sulfur dioxide: Annual arithmetic mean Twenty-four-hour maximum Three-hour maximum Nitrogen dioxide: Annual arithmetic mean Maximum Allowable Increase (micrograms per cubic meter) 

# I

17 30 20 91 325

25 (ix) (A) In any case where the owner oroperator ofa proposed major stationary source or majormodification who has been denied a certification under subparagraph (vii) demonstrates to the satisfaction ofthe Governor ofWyoming (hereinafterthe Governor), after notice and public hearing, andthe Governorfinds, that the source cannotbe constructed by reason ofany maximum allowable increases for sulfur dioxide for periods oftwenty-fourhours or less applicable to any Class I Area and, in the case offederal Mandatory Class I Areas, that a variance underthis clause will not adversely affectthe airquality related values ofthe area (including visibility), the Governor, after consideration ofthe Federal Land Manager's recommendation (ifany) and subjectto his concurrence, may grant a variance from such maximum allowable increase. Ifa variance is granted, a permitmaybe issued to such source pursuantto the requirements ofthis subparagraph provided otherrequirements ofthis section are met. (B) In the case ofa permit issued pursuantto subparagraph (ix)(A), such source shall comply with such emission limitations under such permitas maybe necessary to assure that emissions ofsulfur oxides from such source will not (during any day on whichthe otherwise applicable maximum allowable increases are exceeded) cause orcontributeto concentrations which exceed the following maximum allowable increases for such areas overthe baseline concentration for suchpollutantand to assure that such emissions will not cause orcontribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods ofexposure of24 hours orless on morethan 18 days during any annual period.

6-30Period ofexposure: Lowterrain areas: 24-hrmaximum 3-hrmaximum High terrain areas: 24-hr. maximum 3-hrmaximum Maximum Allowable Increase (micrograms percubic meter)

36 130

62 221 (x) Notwithstanding other requirements ofthis section, a portable source which is a major stationary source and which has otherwise received a construction permit under Chapter 6, Sections 2 and 4 shall not be required to obtain additional relocation permits underthis section if: (A) Emissions from the source would not exceed allowable emissions; and (B) Such relocation would impactno Class I Area and no area where an applicable increment is known to be violated; and (C) Notice is given to the Division at least 10 days priorto such relocation identifyingthe proposed new location and the probable duration ofoperation at such location; and (D) Emissions atthe new location will be temporary. (xi) After a final decision is made on an application for a source subjectto this section, the final decision will be transmitted in writing to the applicant andthe final decision and all commentsreceived bythe Division during the public commentperiod will be made available for public inspection in the same location where the application and analysis was posted. A copy ofeachpermit application for each source or modification subjectto this section and impacting a Federal Class I Areawill be transmitted to EPA. EPA will be provided with notice ofeach action taken bythe Division on such application. (xii) [Reserved.] (xiii) [Reserved.] (xiv) [Reserved.] (xv) Actuals Plantwide ApplicabilityLimitations (PALs). (A) Applicability.

6-31(I) The Division may approve the use ofan actuals PAL for any existing major stationary source ifthe PAL meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section. The term "PAL" shall mean "actualsPAL" throughout paragraph (b)(xv) ofthis section. (II) Anyphysical change in or change in the method of operation ofa major stationary source that maintains its total source-wide emissions belowthe PAL level, meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section, and complies with the PALpermit: (1.) Is not a major modification for the PAL pollutant; (2.) Does nothave to be approvedthrough a Chapter 6, Section 4 permit; and (3.) Is not subjectto the provisions in paragraph (b)(i)(G) ofthis section (restrictions onrelaxing enforceable emission limitations thatthe major stationary source used to avoid applicability ofChapter 6, Section 4). (III) Except as provided under paragraph (b)(xv)(A)(II)(3.) ofthis section, a major stationary source shall continue to complywith all applicable Federal or State ofWyoming requirements, emission limitations, and work practice requirements that were established priorto the effective date ofthe PAL. (B) Definitions. The following definitions shall be used for actuals PALs consistent withparagraphs (b)(xv)(A) through (0) ofthis section. When a term is not defined in these paragraphs, it shall have the meaning given in Section 4(a) of this section or in the CleanAir Act. 

### "ActualsPAL for amajorstationary source"means a PAL based on the baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofall emissions units (as defined in the definition for "Source" in Section 4(a)) atthe source, that emit orhave the potential to emitthe PAL pollutant. 

### "Allowable emissions"has the same meaning as in the definition for "Allowable emissions" in Section 4(a), except as this definition is modified according to paragraphs (i) and 

### (ii) ofthis definition. (i) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit'spotential to emit.

6-32(ii) An emissions unit's potential to emit shall be determined using the definition of"Potential to emit" in Section 4(a), exceptthatthe words "orenforceable as a practical matter" should be added after "enforceable". 

### "Majoremissions unit"means: (i) Any emissions unit that emits orhas the potential to emit 100 tons peryear ormore ofthe PALpollutant in an attainment area; or 

### (ii) Any emissions unit that emits orhas the potential to emitthe PALpollutant in an amountthat is equal to orgreaterthan the major source threshold for the PALpollutant as defined bythe Clean AirAct for nonattainment areas. (For example, in accordance with the definition ofmajor stationary source in section 182(c) ofthe Clean AirAct, an emissions unit would be a majoremissions unit for VOC ifthe emissions unit is located in a serious ozone nonattainment area and itemits orhas the potential to emit 50 ormore tons ofVOC peryear.) 

### "PAL effectivedate" generally means the date ofissuance ofthe PALpermit; however, the PAL effective date for an increased PAL is the date any emissions unit that is part ofthe PAL major modification becomes operational and begins to emitthe PAL pollutant. 

### "PAL effectiveperiod"means the period beginning withthe PAL effective date and ending 10 years later. 

### "PAL majormodification"means, notwithstandingthe definitions for "Majormodification" and ''Net emissions increase" ofSection 4(a), any physical change in orchange in the method ofoperation ofthe PAL source that causes it to emit the PAL pollutant at a level equal to or greaterthanthe PAL. 

### ({PALpermit"means the Chapter 6, Section 2 or Section 4 permit issued by the Division that establishes a PAL for a major stationary source. 

### "PALpollutant"means the pollutant for which a PAL is established at a major stationary source. 

### "Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs (b)(xv)(A) through (0) ofthis section. 

### "Significant emissions unit"means an emissions unit that emits or has the potential to emit a PALpollutant in an amountthat is equal to orgreaterthanthe significant level (as defined in the definition for "Significant" in Section 4(a) orin the CleanAirAct, whichever is lower) for thatPAL pollutant, but less than the amountthat

6-33would qualify the unit as a major emissions unit as defined in paragraph (b)(xv)(B) for the definition of"Major emissions unit" ofthis section. "Small

### emissions unit"means an emissions unitthat emits orhas the potential to emitthe PAL pollutant in an amount less than the significant level for that PALpollutant, as defined in the definition for "Significant" in Section 4(a) orin the Clean AirAct, whichever is lower. (C) PermitApplication Requirements. As part ofa permit application requesting a PAL, the owneror operator ofa major stationary source shall submitthe following information in paragraphs (b)(xv)(C)(I) through (III) ofthis section to the Division for approval. (I) A List ofAll Emissions Units atthe Source Designated as Small, SignificantorMajorBased on TheirPotential to Emit. In addition, the owner or operator ofthe source shall indicate which, ifany, Federal or State ofWyoming applicable requirements, emission limitations, orworkpractices apply to each unit. (II) Calculations ofthe Baseline Actual Emissions (With Supporting Documentation). Baseline actual emissions are to include emissions associated not onlywith operation ofthe unit, but also emissions associated with startup, shutdown, and malfunction. (III) The calculation procedures thatthe major stationary source owner oroperatorproposes to use to convertthe monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required byparagraph (b)(xv)(M)(I) ofthis section. (D) General Requirements ForEstablishing PALs. (I) The Division may establish a PAL at a major stationary source, providedthat at a minimum, the requirements in paragraphs (b)(xv)(D)(I)(l.) through (7.) ofthis section are met. (1.) The PAL shall impose an annual emission limitation in tons peryear, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period afterthe first 12 months ofestablishing a PAL, the major stationary source owner or operator shall show that the sum ofthe monthly emissions from each emissions unit underthe PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). Foreach month during the first 11 months from the PAL effective date, the major stationary source owneroroperator shall showthatthe sum ofthe preceding monthly emissions from the PAL effective date for each emissions unitunder the PAL is less than the PAL.

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### (2.) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (b)(xv)(E) ofthis section. (3.) The PAL permit shall contain all the requirements ofparagraph (b)(xv)(G) ofthis section. (4.) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit orhave the potential to emitthe PALpollutant at the major stationary source. (5.) Each PAL shall regulate emissions ofonly one pollutant. (6.) Each PAL shall have a PAL effective period of 10 years. (7.) The owner oroperator ofthe major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs (b)(xv)(L) through (N) ofthis section for each emissions unit under the PAL through the PAL effective period. (II) At no time (during orafter the PAL effective period) are emissions reductions ofa PAL pollutantthat occurduring the PAL effective period creditable as decreases for purposes ofoffsets under40 CFRpart 51.165(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthePAL. (E) Public Participation Requirements For PALs. PALs for existing major stationary sources shall be established, renewed, orincreased, through a procedure that is consistent with Chapter 6, Section 2. This includes the requirementthat the Division provide the public with notice ofthe proposed approval ofa PALpermit and at least a 30-dayperiod for submittal ofpublic comment. The Division must address all material comments before taking final action on the permit. (F) Settingthe 10-Year Actuals PAL Level. (I) 

### Except as provided in paragraph (b)(xv)(F)(II) ofthis section, the actuals PAL level for a major stationary source shall be established as the sum ofthe baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under the definition of"Significant" in Section 4(a) orunder the Clean AirAct, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24- month period mustbe used to determine the baseline actual emissions for all existing emissions units; however, a different consecutive 24-month period may be used for each

6-35

### different PAL pollutant. Emissions associated with units that were permanently shut down afterthis 24-month period must be subtracted from the PAL level. The Division shall specify a reduced PAL level(s) (in tons/yr) in the PALpermitto become effective on the future compliance date(s) ofany applicable Federal or State ofWyoming regulatory requirement(s) thatthe Division is aware ofpriorto issuance ofthe PAL permit. For instance, ifthe source owneroroperator will be required to reduce emissions from industrial boilers in halffrom baseline emissions of60 ppm

### NOx to a new rule limit of30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by halfofthe original baseline emissions ofsuch unit(s). (II) Fornewly constructed units (which do not include modifications to existing units) on which actual construction began afterthe 24-month period, in lieu ofadding the baseline actual emissions as specified in paragraph (b)(xv)(F)(I) ofthis section, the emissions must be added to the PAL level in an amount equal to the potential to emit ofthe units. (G) Contents ofthe PAL Permit. The PAL permit shall contain, at a minimum, the information in paragraphs (b)(xv)(G)(I) through (X) ofthis section. (I) The PAL pollutant and the applicable source-wide emission limitation in tons peryear. (II) The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). (III) Specification in the PALpermitthat ifa major stationary source owner or operator applies to renew a PAL in accordance with paragraph (b)(xv)(J) ofthis section before the end ofthe PAL effective period, then the PAL shall not expire at the end ofthe PAL effective period. It shall remain in effect until a revised PALpermit is issued by the Division. (IV) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. (V) A requirement that, once the PAL expires, the major stationary source is subject to the requirements ofparagraph (b)(xv)(I) ofthis section. (VI) The calculation procedures that the major stationary source owner oroperator shall use to convertthe monitoring system datato monthly emissions and annual emissions based on a 12-monthrolling total for each month as required byparagraph (b)(xv)(C)(I) ofthis section. (VII) A requirementthat the major stationary source owner or operator monitor all emissions units in accordance with the provisions underparagraph (b)(xv)(M) ofthis section.

6-36

### (VIII) A requirement to retain the records required under paragraph (b)(xv)(M) ofthis section on site. Such records may be retained in an electronic format. (IX) 

### A requirement to submitthe reports required under paragraph (b)(xv)(N) ofthis section by the required deadlines. (X) 

### Any otherrequirements thatthe Division deems necessary to implement and enforce the PAL. (H) 

### PAL Effective Period and Reopening ofthe PAL Permit. (I) 

### PAL Effective Period. The PAL effective period shall be 10 years. (II) 

### Reopening ofthe PAL Permit. (1.) 

### Duringthe PAL effective period, the Division shall reopen the PAL permitto:

a. Correcttypographical/calculation errors made in setting the PAL orreflect a more accurate determination ofemissions used to establish the PAL; b. Reduce the PAL ifthe owneroroperator ofthe major stationary source creates creditable emissions reductions for use as offsets under 40 CFR part 51.165(a)(3)(ii); and

c. Revise the PAL to reflect an increase in the PAL as provided underparagraph (b)(xv)(K) ofthis section. (2.) 

### The Division may reopen the PALpermit for the following:

a. Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date; b. Reduce the PAL consistent with any otherrequirement, that is enforceable as a practical matter, and that the Division may impose onthe major stationary source; and

c. Reduce the PAL ifthe Division determines that a reduction is necessary to avoid causing orcontributingto a NAAQS or

6-37PSD incrementviolation, orto an adverse impact on an AQRV that has been identified for a Federal Class I Area by a Federal Land Manager and for which information is available to the general public. (3.) Except for the permitreopening in paragraph (b)(xv )(H)(II)(1.)a. ofthis section for the correction oftypographicaVcalculation errors that do not increase the PAL level, all reopenings shall be carried out in accordance with the public participation requirements ofparagraph (b)(xv)(E) ofthis section. (I) Expiration ofa PAL. Any PALthat is not renewed in accordance with the procedures in paragraph (b)(xv)(J) ofthis section shall expire atthe end ofthe PAL effective period, and the requirements in paragraphs (b)(xv)(I)(I) through (V) ofthis section shall apply. (I) Each emissions unit (or each group ofemissions units) that existed underthe PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (b)(xv)(I)(I)(l.) and (2.) ofthis section. 

### (1.) Withinthe time frame specified for PAL renewals in paragraph (b)(xv)(J)(II) ofthis section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group ofemissions units, ifsuch a distribution is more appropriate as decided bythe Division) by distributing the PAL-allowable emissions for the major stationary source among each ofthe emissions units that existed under the PAL. lfthe PAL had notyet been adjusted for an applicable requirementthatbecame effective during the PAL effective period, as required under paragraph (b)(xv)(J)(V) ofthis section, such distribution shall be made as ifthePAL had been adjusted. (2.) The Division shall decide whether and howthe PAL-allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, oreach group ofemissions units, as the Division determines is appropriate. (II) Each emissions unit(s) shall comply withthe allowable emission limitation on a 12-monthrolling basis. The Division may approve the use of monitoring systems (source testing, emission factors, etc.) otherthan CEMS, CERMS, PEMS or CPMS to demonstrate compliance withthe allowable emission limitation. (Ill) Until the Division issues the revisedpermit incorporating allowable limits for each emissions unit, oreach group ofemissions units, as required underparagraph (b)(xv)(I)(I)(2.) ofthis section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalentto the level ofthe PAL emission limitation.

6-38(IV) Anyphysical change orchange in the method of operation atthe major stationary source will be subjectto Chapter 6, Section 4 requirements ifsuch change meets the definition of"Majormodification" in Section 4(a). (V) The major stationary source owner or operator shall continue to complywith any State ofWyoming orFederal applicable requirements (BACT, RACT, NSPS, etc.) that mayhave applied eitherduring the PAL effective period orpriorto the PAL effective period except for those emission limitations that had been establishedpursuantto paragraph (b)(i)(G) ofthis section, butwere eliminated bythe PAL in accordance with the provisions in paragraph (b)(xv)(A)(II)(3.) ofthis section. (J) Renewal ofa PAL. (I) The Division shall follow the procedures specified in paragraph (b)(xv)(E) ofthis section in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, anyperson may propose a PAL level for the source for consideration bythe Division. (II) Application Deadline. A major stationary source owner oroperator shall submit a timely application to the Division to request renewal of a PAL. A timely application is one that is submitted at least 6 monthspriorto, butnot earlierthan 18 months from, the date ofpermit expiration. This deadline for application submittal is to ensure thatthe permitwill notexpire before the permit is renewed. Ifthe owner oroperator ofa major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permitwith the renewed PAL is issued. (Ill) Application Requirements. The application to renew a PALpermit shall contain the information required in paragraphs (b)(xv)(J)(III)(l.) through (4.) ofthis section. 

### (1.) The information required in paragraphs (b)(xv)(C)(I) through (III) ofthis section. (2.) A proposed PAL level. (3.) The sum ofthe potential to emitofall emissions units underthe PAL (with supporting documentation). (4.) Any other information the owneroroperator wishes the Divisionto consider in determiningthe appropriate level for renewing the PAL.

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### (IV) PAL Adjustment. In determining whether and howto adjustthe PAL, the Division shall considerthe options outlined in paragraphs (b)(xv)(J)(IV)(l.) and (2.) ofthis section; however, in no case may any such adjustment fail to comply with paragraph (b)(xv)(J)(IV)(3.) ofthis section. (1.) Ifthe emissions level calculated in accordance with paragraph (b)(xv)(F) ofthis section is equal to or greaterthan 80 percent ofthe PAL level, the Division may renew the PAL at the same level without consideringthe factors set forth in paragraph (b)(xv)(J)(IV)(2.) ofthis section; or (2.) The Division may setthe PAL at a level that it determines to be more representative ofthe source'sbaseline actual emissions, orthat it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward orencourage the source's voluntary emissions reductions, or other factors as specifically identified by the Division in its written rationale. (3.) Notwithstandingparagraphs (b)(xv)(J)(IV)(1.) and (2.) ofthis section:

a. Ifthe potential to emit ofthe major stationary source is less than the PAL, the Division shall adjust the PALto a level no greater than the potential to emitofthe source; and b. The Division shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions ofparagraph (b)(xv)(K) ofthis section (increasing a PAL). (V) Ifthe compliance date for a State ofWyoming or Federal requirement that applies to the PAL source occurs during the PAL effective period, and ifthe Division has not already adjusted for such requirement, the PAL shall be adjusted atthe time ofPAL permit renewal or Chapter 6, Section 3 operatingpermit renewal, whichever occurs first. (K) Increasing a PAL Duringthe PAL Effective Period. (I) 

### The Division may increase a PAL emission limitation only ifthe major stationary source complies with the provisions in paragraphs (b)(xv)(K)(I)(l.) through (4.) ofthis section. (1.) The owneroroperator ofthe major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal orexceed its PAL.

6-40(2.) Aspart ofthis application, the major stationary source owneroroperator shall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions ofthe significant and majoremissions units assuming application ofBACTequivalentcontrols, plus the sum ofthe allowable emissions ofthe new ormodified emissions unit(s), exceeds the PAL. The level ofcontrol that would result from BACTequivalent controls on each significant ormajoremissions unit shall be determined by conducting a new BACT analysis atthe time the application is submitted, unless the emissions unit is currentlyrequired to complywith a BACTorLAERrequirement that was established within the preceding I0 years. In such a case, the assumed control level forthat emissions unit shall be equal to the level ofBACTorLAERwith which that emissions unit must currently comply. (3.) The owner oroperator obtains a Chapter 6, Section 4 permit for all emissions unit(s) identified in paragraph (b)(xv)(K)(I)(l.) ofthis section, regardless ofthe magnitude ofthe emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall complywith any emissions requirements resulting from the Chapter 6, Section4 process (forexample, BACT), even though they have also become subjectto the PAL orcontinue to be subjectto the PAL. (4.) The PALpermit shall require thatthe increased PAL level shall be effective onthe day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emitthe PALpollutant. (II) The Division shall calculate the new PAL as the sum ofthe allowable emissions for each modified ornew emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and majoremissions units (assuming application ofBACTequivalent controls as determined in accordance with paragraph (b)(xv)(K)(I)(2.) ofthis section), plus the sum ofthe baseline actual emissions ofthe small emissions units. (III) The PALpermit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofparagraph (b)(xv)(E) of this section. (L) Monitoring Requirements for PALs. (I) General Requirements. 

### (1.) Each PALpermitmustcontain enforceable requirements for the monitoring system that accurately determines plantwide emissions ofthePALpollutant in terms ofmass perunit oftime. Any monitoring system authorized for use in the PALpermit must bebased on sound science and meetgenerally acceptable scientificprocedures for data quality and manipulation. Additionally, the

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### information,generated by such system must meet minimum legal requirements for admissibility in ajudicial proceedingto enforce the PALpermit. (2.) The PAL monitoring system must employ one or more ofthe four general monitoring approaches meeting the minimum requirements setforth in paragraphs (b)(xv)(L)(II)(l.) through (4.) ofthis section and mustbe approved bythe Division. (3.) Notwithstandingparagraph (b)(xv)(L)(I)(2.) of this section, you may also employ an alternative monitoring approach that meets paragraph (b)(xv)(L)(1)(1.) ofthis section ifapproved by the Division. (4.) Failureto use a monitoring system that meets the requirements ofthis section renders the PAL invalid. (II) Minimum Performance Requirements For Approved Monitoring Approaches. The following are acceptable general monitoring approaches when conducted in accordance withthe minimum requirements in paragraphs (b)(xv)(L)(III) through (IX) ofthis section: (1.) Mass balance calculations for activities using coatings or solvents; (2.) CEMS; (3.) CPMS orPEMS; and (4.) Emission factors. (III) Mass Balance Calculations. An owner oroperator using mass balance calculations to monitor PALpollutantemissions from activities using coating or solvents shall meetthe following requirements: (1.) Provide a demonstrated means ofvalidating the published content ofthe PALpollutantthat is contained in orcreated by all materials used in or at the emissions unit; (2.) Assume thatthe emissions unit emits all ofthe PAL pollutantthat is contained in orcreated by any raw material orfuel used in orat the emissions unit, ifit cannot otherwise be accounted for in the process; and (3.) Where the vendor ofa material orfuel, which is used in or at the emissions unit, publishes a range ofpollutantcontent from such material, the owner or operator mustuse the highestvalue ofthe range to calculatethe

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### PAL pollutantemissions unless the Division determines there is site-specific data or a site-specific monitoring program to support another content within the range. (IV) CEMS. An owner oroperator using CEMS to monitor PALpollutant emissions shall meetthe following requirements: (1.) CEMS must comply with applicable Performance Specifications found in 40 CFRpart 60, Appendix B; and (2.) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions unit is operating. (V) CPMS orPEMS. An 

### owner oroperator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: (1.) The CPMS orthe PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range ofoperation ofthe emissions unit; and (2.) Each CPMS orPEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Division, while the emissions unit is operating. (VI) Emission Factors. An owneroroperatorusing emission factors to monitor PAL pollutant emissions shall meet the following requirements: (1.) All emission factors shall be adjusted, if appropriate, to account for the degree ofuncertainty orlimitations in the factors' development; (2.) The emissions unit shall operate within the designated range ofuse for the emission factor, ifapplicable; and (3.) Iftechnicallypracticable, the owneror operator ofa significant emissions unit that relies on an emission factor to calculate PALpollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months ofPAL permit issuance, unless the Division determines that testing is not required. (VII) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during anyperiod oftime that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PALpermit.

6-43(VIII) Notwithstandingthe requirements in paragraphs (b)(xv)(L)(III) through (VIII) ofthis section, where an owneroroperator ofan emissions unit cannotdemonstrate a correlation betweenthe monitoredparameter(s) andthe PAL pollutantemissions rate at all operatingpoints ofthe emissions unit, the Division shall, at the time ofpermitissuance: 

### (l.) Establish default value(s) for determining compliance withthe PALbased onthe highestpotential emissions reasonably estimated at such operatingpoint(s); or (2.) Determine that operation ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PALpollutantemissions is a violation ofthe PAL. (IX) Re-validation. All data usedto establishthe PAL pollutantmustbe re-validated through performance testing or other scientifically valid means approved bythe Division. Suchtesting must occur at least once every 5 years after issuance ofthe PAL. (M) Recordkeeping Requirements. (I) The PALpermit shall require an owner oroperatorto retain a copy ofall records necessary to determine compliance with anyrequirement of paragraph (b)(xv) ofthis section and ofthe PAL, including a determination ofeach emissions unit's 12-monthrolling total emissions, for 5 years from the date ofsuch record. (II) The PALpermit shall require an owneror operatorto retain a copy ofthe following records, for the duration ofthe PAL effective periodplus 5 years: 

### (l.) A copy ofthe PAL permit application and any applications for revisions to the PAL; and (2.) Each annual certification ofcompliance pursuantto Chapter 6, Section 3 and the data relied on in certifyingthe compliance. (N) Reporting andNotification Requirements. The owneror operator shall submit semi-annual monitoring reports andpromptdeviation reports to the Division in accordance withthe applicable Chapter 6, Section 3 operatingpermit program. The reports shall meetthe requirements in paragraphs (b)(xv)(N)(I) through (III) ofthis section.

6-44(I) Semi-annual Report. The semi-annual report shall be submitted to the Division within 30 days ofthe end ofeach reportingperiod. This report shall containthe information required in paragraphs (b)(xv)(N)(I)(l.) through (7.) ofthis section. (1.) The identification ofowner and operator and the permitnumber. (2.) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuantto paragraph (b)(xv)(M)(I) ofthis section. (3.) All data relied upon, including, butnot limited to, any Quality Assurance or Quality Control data, in calculatingthe monthly and annual PALpollutant emissions. (4.) A list ofany emissions units modified or added to the major stationary source duringthepreceding 6-month period. (5.) The number, duration, and cause ofany deviations ormonitoring malfunctions (otherthan the time associated with zero and span calibration checks), and any corrective action taken. (6.) A notification ofa shutdown ofany monitoring system, whetherthe shutdown was permanent ortemporary, the reason for the shutdown, the anticipated date thatthe monitoring system will be fully operational orreplaced with anothermonitoring system, and whetherthe emissions unit monitored bythe monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutantorthe number determined bymethod included in the permit, as provided byparagraph (b)(xv)(L)(VII) ofthis section. (7.) A signed statement by the responsible official (as defined bythe applicable Chapter 6, Section 3 operatingpermitprogram) certifying the truth, accuracy, and completeness ofthe informationprovided in the report. (II) Deviation Report. The major stationary source owner oroperator shall promptly submit reports ofany deviations orexceedance ofthe PAL requirements, includingperiods where no monitoring is available. A report submitted pursuantto Chapter 6, Section 3(h)(i)(C)(III)(2.) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by Chapter 6, Section 3(h)(i)(C)(III)(2.). The reports shall contain the following information: (1.) The identification ofowner and operator and the permitnumber;

6-45(2.) The PAL requirementthat experiencedthe deviation orthat was exceeded; (3.) Emissions resulting from the deviation orthe exceedance;and (4.) A signed statementby the responsible official (as defined bythe applicable Chapter 6, Section 3 operatingpermitprogram) certifying the truth, accuracy, and completeness ofthe informationprovided inthe report. (III) Re-validation Results. The owner or operator shall submitto the Divisionthe results ofany re-validation test ormethod within three months after completion ofsuch test ormethod. (0) Transition Requirements. (I) The Division shall not issue a PALthat does not comply with the requirements in paragraphs (b)(xv)(A) through (0) ofthis section after the Administratorhas approved regulations incorporating these requirements into Chapter 6, Section 4. (II) The Division may supersede any PAL which was established prior to the date ofapproval ofthis regulation bythe Administrator ofEPA with a PALthat complies withthe requirements ofparagraphs (b)(xv)(A) through (0) of this section. (xvi) Ifany provision ofthis section, orthe application ofsuchprovision to any person or circumstance, is held invalid, the remainder ofthis section, orthe application ofsuch provisionto persons or circumstances otherthan those as to which it is held invalid, shall notbe affected thereby. (xvii) Transition: (A) The requirements for BACT in Chapter 6, Section 4(b)(ii) and the requirements for air quality analysis in Chapter 6, Section 4(b)(i) shall not applyto a major stationary source ormajor modificationthat was subjectto Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner oroperator ofthe source submitted an application for a permitunderthese regulations before August 7, 1980, and the Administrator subsequently determines thatthe application submittedbefore that date was complete. Instead, the requirements ofChapter 6, Section 4 as in effecton January 25, 1979, applyto any such source ormodification. (B) The requirements for air quality monitoring inparagraph (b)(i)(E) shall not apply to a particular source or modification that was subjectto Chapter 6, Section 4, as effective onJanuary 25, 1979, ifthe owner oroperator ofthe source or

6-46modification submits an application for a permit underthese regulations on orbefore June 8, 1981, and the Administrator subsequently determines thatthe application submitted before that date was complete with respect to the requirements for ambient air quality data analyses as in effect on January 25, 1979. Instead, the latterrequirements shall applyto such source ormodification. (C) The requirements for airquality monitoring inparagraph (b)(i)(E) shall not applyto a particular source ormodificationthat was not subjectto Chapter 6, Section 4, as effective on January 25, 1979, ifthe owneror operator ofthe source ormodification submits an application for a permit underthese regulations before June 8, 1981, and the Administrator subsequently determines thatthe application as submitted before that date was complete except with respect to the requirements in paragraph (b)(i)(F). (D) The requirements for airquality monitoring for PM 10 in paragraphs (b)(i)(E)(I) through (IV) ofthis section, effective February 13, 1989, shall not apply to a particular source ormodification, ifthe owner oroperator ofthe source or modification submits an application for a permit underChapter 6, Section 4 on orbefore June 1, 1988 and the Administrator subsequently determines that the application submitted before that date was complete, except with respect to the requirements for monitoring particulate matter. (E) The requirements for air quality monitoring ofPM 10 in paragraphs (b)(i)(E)(IV) through (b)(i)(E)(V) ofthis section, effective February 13, 1989, shall apply to a particular source ormodification if the owneror operator ofthe source or modification submits an application for a permit underthis section after June 1, 1988 and no laterthan December 1, 1988. The data shall have been gathered over at leastthe period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (b)(xvii)(G) ofthis section, exceptthat the Administrator mayprovide thatthe monitoringperiod specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered overthat shorterperiod of time. (F) For any application under this sectionthat becomes complete except as to the requirements ofparagraphs (b)(i)(E)(III) and (b)(i)(E)(IV) pertainingto PM 10, after December 1, 1988 and no laterthan August 1, 1989, the datathatparagraph (b)(i)(E)(III) requires will have been gathered overat least the period from August 1 , 1988 to the date the application becomes otherwise complete. The Administratormay provide that the monitoringperiod specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered overthat shorterperiod oftime. (G) With respect to any requirements for air quality monitoring of PM 10 specified under paragraphs (b)(xvii)(D) and (b)(xvii)(E) ofthis section, effective

6-47February 13, 1989, the owner or operator ofthe source ormodification shall use a monitoring method approved bythe Administrator and shall estimate the ambient concentrations ofPM10 using the data collected by such approved monitoring method in accordance with estimatingprocedures approved bythe Administrator. (H) The requirement to demonstrate compliance with the maximum allowable increment for nitrogen dioxide shall not apply to a major stationary source ormajor modification that was subjectto Chapter 6, Section 4, as effective on February 8, 1988, ifthe owner or operator ofthe source ormodification submits an application for a permit underthese regulations on orbefore October 30, 1990 and the Administrator subsequently determines thatthe application submitted before that date was complete. (I) The requirement to demonstrate compliance withthe maximum allowable increment for PM10 shall not applyto a major stationary source ormajor modification that was subjectto Chapter 6, Section 4, as effective onJune 3, 1993, ifthe owner oroperator ofthe source ormodification submits an application for a permitunder these regulations on orbefore the effective date ofthis regulation revision andthe Administrator subsequently determines thatthe application submitted before that date was complete. Instead, the requirementto demonstrate compliance withthe maximum allowable increment for TSP, as in effect atthe time the application was submitted, shall apply: Maximum Allowable Increments ofDeterioration

- J.lg/m3

Pollutant Class I Class II Particulate Matter: TSP, Annual geometric mean TSP, 24-hour maximum* 5 10 19 37 *Maximum allowable increment may be exceeded once peryear at any receptor site. (c) All national parks, national wilderness areas, and national memorial parks in Wyoming as ofJanuary 25, 1979, shall be designated Class I and may not be redesignated. All other areas ofthe State ofWyoming shall be designated Class II as of the effective date ofthis regulation. (d) Redesignation. All redesignation ofareas within the State ofWyoming shall be accomplished through the process ofestablishment ofStandards and Regulations set forth in the Wyoming Environmental QualityAct. (i) The following areas maybe redesignated only as Class I or Class II areas:

6-48(A) An area which exceeds 10,000 acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore; and (B) A national park ornational wilderness area which exceeds 10,000 acres in size and is established afterthe effective date ofthis regulation. 

### (ii) Except as provided in paragraph (c) above, any area maybe redesignated as Class I or II, with the approval ofthe Administrator ofthe Environmental Protection Agency, in accordance with the provisions ofparagraph (iii) below; provided, however, that lands within the exteriorboundaries ofreservations offederally recognized Indian tribes may be redesignated to any class, but only by the appropriate Indian governing body. (iii) (A) At least one public hearing must be held in accordance with the provisions for adoption ofregulations as set forth in the Administrative Procedures Act and the Wyoming Environmental QualityAct. (B) At least 30 days priorto the public hearing, a description and analysis ofthe health, environmental, economic, social and energy effects ofthe proposed redesignation shall be prepared and made available for public inspection. Any personpetitioningthe Department or Council to redesignate an area shall be responsible for preparing orsubmitting such description and analysis. Such persons shall also be responsible for revising this required documentationto the extentnecessary to satisfythe Administrator ofthe U.S. EPA. The notice ofthe public hearing shall contain appropriate notification ofthe availability ofthe description and analysis ofthe proposed redesignation. (C) Agencies from neighboring states, Indian governing bodies, Federal Land Managers, and local governments whose land maybe affected bythe proposed redesignation shall be notified at least 30 days priorto the hearing. (D) Priorto proposing a redesignation, the Division and the Air QualityAdvisoryBoard shall consult with the elected leadership oflocal and other substate general purpose governments in the area covered bythe redesignation. (E) Priorto public notice ofthe proposed redesignation the Division shall provide written notice to any Federal Land Managerwho may be responsible for any federal lands within the area proposed for such redesignation and shall afford adequate opportunity (but not in excess of60 days) to conferwith the State respecting the intended notice ofdesignation. The Federal Land Manager shall be offered the opportunityto submit written comments and recommendations with respect to such intended notice ofredesignation. In redesignating any area with respect to which the federal land managerhas submitted written comments and recommendations, the Division will publish a list ofany inconsistency between such redesignation and such

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# l f 

# I !.

### recommendation with an explanation ofsuch inconsistency (together with the reasons for making such redesignation againstthe recommendation ofthe Federal Land Manager). (F) The Council shall review and examine the description and analysis prepared pursuantto subparagraph (iii)(B) above priorto any redesignation. (iv) (A) Ifan area has been proposed for redesignation to a more stringent class, no permitto construct may be granted to a source which may cause an impact in the areaproposed for redesignation and for which an application to construct is received by the Division afterthe filing ofthe petition for redesignation withthe Environmental Quality Council until the proposed redesignation has been actedupon; however, approval may be granted if, in the Administrator'sjudgment,the proposed source would not violate the applicable increments ofthe proposed redesignation. Such approval shall be withheld only so long as in the Administrator'sjudgment, the petitioner is expeditiouslyproceedingtoward development ofthe "description and analysis" required under (iii)(B) above, and provided that such "description and analysis" is complete and submitted to the Council for action onthe petition within 18 months ofthe filing ofthe initial petition. Upon good cause shown, the Council may extend the foregoing deadline. (B) Where an application for a permitto construct a source has been received by the Division prior to the receipt by the Council ofa petition for redesignation ofan areato a more stringent class and where such source may cause an impact in the area proposed for redesignation, the permit application shall be processed considering the classification ofan areawhich existed at the time ofpermit application. Forpurposes ofestablishing apriority date underthis Chapter 6, Section 4(d)(vi)(B), (1) such permit application is not required to meet the provisions for completeness in Chapter 6, Section 2, and (2) the time frames in Chapter 6, Section 2(g) for action on applications shall not apply. However, a priority date established under Chapter 6, Section 4(d)(vi)(B), shall remain in effect only so long as in the Administrator'sjudgment, the applicant is expeditiously proceeding toward the development and submittal ofsuch other information and data as required to make the application complete underthe provisions ofChapter 6, Section 2, and provided that such other information and data is submittedto, andjudgedto be complete by the Administratorwithin 18 months ofthe filing ofthe initial permit application. Upon good cause shown, the Administrator may extend the foregoing deadline. Section 

### J3. Nonattainment permit requirements. 

### (a) 40 CFRpart 51.165 is herein iucomorated byrefereuce. jn its entiretv. with the exception ofparagraph <al and paragraph (al(1 ).

6-50Section 14. 

### lncorooratjon by 

### reference.

# :~=**~ liiit:n!iincf:Jlin~u:1:e!~:a~!i::::ised** 

# and

incomorated by refereuce. Copies oftheCode ofFederal Regulations are available for public inspection 

### and copiescan

### be obtained atcostfrom**~** Dc;partmept of Enviroomental Qualitv. Division ofAirOualitv. 122 W. 2S Street. Cheyenne. Wvoming 82002. Conies oftbeCFRs can also be obtained at cost from Government Institutes. 15200NBNWav. BuildingB, Blue Ridge Summit, PA 17214.

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