Notice of Proposed Rulemaking Before

The Environmental Quality Council

By the Department of Environmental Quality

Air Quality Division (AQD)

The Environmental Quality Council (EQC) will hold a public hearing beginning at 9:00 AM on September 12, 2013. 

The hearing will be held at the Herschler Building, Conference Room 1699, 122 W. 25th Street, Cheyenne, 

Wyoming. 

The Wyoming Department of Environmental Quality, Air Quality Division (AQD or Division), will be bringing a 

proposed rulemaking before the EQC. The proposed rulemaking will involve revising Wyoming Air Quality 

Standards and Regulations (WAQSR) Chapter 3, General Emission Standards; Chapter 4, State Performance 

Standards for Specific Existing Sources; Chapter 5, National Emission Standards; Chapter 6, Permitting 

Requirements; Chapter 8, Nonattainment Area Regulations, and Chapter 11, National Acid Rain Program. Chapter 

3, Section 2, Emission standards for particulate matter, is being revised to address the treatment of excess emissions. 

Chapter 4, Section 5, Existing hospital/medical/infectious waste incinerators, is being updated so that State 

regulations match federal guidelines. Revisions to Chapter 5, Section 2, New source performance standards, and

Section 3, National emission standards for hazardous air pollutants, are being proposed to reflect changes in the 

federal versions of these rules. Revisions to Chapter 6, Section 4, Prevention of significant deterioration, include

updating the rules to 1) specifically list new minor source baseline dates for fine particulate, 2) include revised 

federal language on the treatment of condensable particulate matter, and 3) clarify when the maximum allowable 

increment is exceeded for particulate matter. Chapter 8 is being reorganized and new sections are being 

incorporated. Section 5 is a new section entitled Ozone nonattainment emission inventory rule. It will establish 

requirements for the submittal of emission inventories from facilities or sources located in an ozone nonattainment

area(s) pursuant to the requirements of Section 182 of the Clean Air Act. Other sections are reserved for future 

rulemaking purposes. Chapter 11, Section 2, Acid rain program, is an annual update to portions of the State Air 

Regulations which are adopted verbatim by reference from the CFR. Section 9 of Chapter 3; Section 6 of Chapter 4; 

Section 4 of Chapter 5; Section 14 of Chapter 6; Section 10 of Chapter 8, and Section 2 of Chapter 11 are all 

Incorporation by reference sections, and are being updated to adopt by reference from the Code of Federal 

Regulations (CFR) as of July 1, 2012. Chapter 3, Sections 2 and 9; Chapter 6, Sections 4 and 14, and Chapter 8, 

Sections 5 and 10, involve changes to the State Implementation Plan (SIP) to satisfy Clean Air Act Sections 110, 

166, and 182. 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 July 15, 

2013. The written comment period will close on August 29, 2013. Written comments will also become a part of the 

public record if they are signed by the commenter and submitted to Administrator, WDEQ/AQD, Herschler Building 

2-E, 122 W. 25th Street, Cheyenne, Wyoming, 82002, or faxed to 307-777-5616. Copies of the public notice, Notice 

of Intent to Adopt Rules, and the proposed rules are available for public inspection at the Department of 

Environmental Quality, Air Quality Division, Herschler Building, 2nd Floor, 122 W. 25th Street, Cheyenne,

Wyoming. Electronic copies are available at http://deq.state.wy.us/aqd/index.asp and the EQC website stated below. 

If you have questions regarding the proposed rules, contact Christine Anderson, Air Quality Division, at 307-675-

5624.

On September 9, 2013, the WDEQ/AQD will file an analysis of the comments received. The EQC has scheduled 

the public hearing on September 12, 2013. The EQC will consider the proposed rules, written comments, and the 

analysis of comments, 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 of comments and issues raised by 

the analysis will be accepted. Comments submitted during the comment period can be viewed at the EQC website:

http://eqc.state.wy.us/docket.htm under the link titled “13-2101”.

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 submit a digital copy in a timely manner 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 of the hearing. The 

EQC also has the option to extend the public comment period on these rules. If the 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://deq.state.wy.us/eqc/index.asp.

In accordance with the Americans with Disabilities Act, special assistance or alternative formats will be made 

available upon request for individuals with disabilities