# Department of Environmental Quality

Matthew H. Mead, Governor May 24, 2012 To protect, conserve and enhance the quality of Wyoming's environment for the benefit ofcurrent and future generations.

Mr. James B. Martin Regional Administrator USEPA Region 8 Mail Code: 8P-AR 1595 Wynkoop Street Denver, CO 80202-1129 John Corra, Director

RE: StateImplementation PlanApproval Request- Chapter3, GeneralEmission Standards, Section 9, Incorporation by reference; and Chapter 6, PermittingRequirements, Section 4, Prevention ofsignificantdeterioration, and Section 14, Incorporation by reference (R-19) Dear Mr. Martin: On January 13, 2012, the Environmental Quality Council ofthe Wyoming Department of Environmental Quality conducted a public hearing pursuant to 40 CFR §51.102 to consider the adoption ofrevisions and additions to the Wyoming Air Quality Standards and Regulations (W AQSR). Revisions affecting the State Implementation Plan (SIP) involved Chapter 3, General Emission Standards, Section 9, Incorporation by reference, and Chapter 6, Permitting Requirements, Section 4, Prevention ofsignificant deterioration, and Section 14, Incorporation by reference. Chapter 3, General Emission Standards, Section 9, Incorporation by reference, was revised as part ofthe annual effort to adopt changes to the federal definition, bringing the version up to date as ofJuly I, 20I0. Chapter 6, Permitting Requirements, Section 4, Prevention ofsignificant deterioration, was revised to maintain consistency with federal rules through the inclusion ofPM2.5 increments. Section 14, Incorporation by reference, was updated to adopt by reference from the CFR for July I, 2010. After reviewing comments received before orduring the hearing, the Council approved the proposed revisions on January 13, 2012. Pursuant to the WyomingAdministrative Procedures Act, the revisions were forwarded to the Governor's Office for approval and then transmitted to the Secretary of State's Office and became effective on March 28, 2012. Since all ofthe necessary State reviews 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 yourreview: 1. A copy ofthe stamped Certification Page by the Secretary ofState indicating the effective date ofthe revisions. The rules became effective March 28, 2012.

Herschler Building · 122 West 25th Street · Cheyenne, WY 82002 · http://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 777-6937 LAND QUALITY (307) 777-7756 FAX 777-5864 SOLID & HAZ. WASTE (307) 777-7752 FAX 777-5973 WATER QUALITY (307) 777-7781 FAX 777-5973Mr. James B. Martin May 24,2012 Page2 2. An October 14,2011 memorandum from John Corra, Director ofthe Departmentof Environmental Quality, to the Governor's Office requesting approvalto proceed with the rulemaking. 3. An April16, 2012 letter from Nancy Vehr, Senior Assistant Attorney General, documenting the necessary legal authority under State law to adopt and implement the revised regulations. 4. A January 19, 2012 review from the Legislative Service Office, finding the revised regulations within the scope ofintent oflegislative authority. 5. A copy ofthe notices issued by the Air Quality Division for public hearings with a list of newspapers and dates ofpublication. 6. A copy ofthe Statement ofPrincipal Reasons that was adopted with the rules. 7. A copy ofthe comments submitted on December 29,2011 from Holland and Hart on behalfofBasin Electric Power Cooperative, and a response to those comments. 8. A list ofsignatures ofwitnesses present at the January 13, 2012 hearing as well as a copy ofthe agenda. 9. Two copies ofthe revised chapters, one copy showing where revisions were made in redline and strikeoutand a second copy with all revisions incorporated. With this submission I am asking for Environmental Protection Agency approval ofthe revised State Implementation Plan for the State ofWyoming to include Chapter 3, General Emission Standards, Section 9, Incorporation by reference, and Chapter 6, Permitting Requirements, Section 4, Prevention of significant deterioration, and Section 14, Incorporation by reference, ofthe Wyoming Air Quality Standards and Regulations as revised March 28, 2012. Ifyou have any questions regarding this submittal, please feel free to contact Steven A. Dietrich, Air Quality Administrator, at 307-777-7391. Sincerely,

Enclosures

cc: Steven A. Dietrich, Administrator, Air Quality Division w/o enc. Christine Anderson, Air Quality Division w/enc. Carissa Krey, Air Quality Division w/enc.**~--**

Administrative Rule Review Report #AR12-004 Legislative Service Office 19-Jan-12 AGENCY: DATE SUB.MITTED: SUBJECT:

NATURE OF RULES: STATUTORY AUTHORITY: DEQ Air Quality 1118/2012 Chapter 3, General Emission Standards; Chapter 5, National Emission Standards; Chapter 6, Permitting Requirements; Chapter 11, National Acid Rain Program; Chapter 14, Emission Trading Program Regulations Legislative & Procedural. 

## w.s. 35-11-202 DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUB.MITTED BYTHE AGENCY TO LSO: Apparently complete to date. SUMMARY OF RULES: Chapter 3, Section 9 (General Emission Standards- Incorporation by Reference). Updates the rules to statethat all sections oftheCode ofFederal Regulations (CFR) and all standards ofthe American Society for Testing and Materials (ASTM) revised and published as ofJuly I, 2010, which are cited in Chapter 3, are incorporated by reference. (NOTE: These rules comply with the requirements ofW.S. 16-3-103(h) by stating where copies ofthe incorporated matter are available at cost from the incorporating agency). Chapter 5 (National Emissions Standards): Section 2 (New Source Performance Standards)

- Updated to incorporate by reference relevant CFR changes as ofJuly 1, 2010. Revised to remove certain subparts of40 CFR 60 for which Wyoming has no sources. Replaces the word "part" with the word "section" throughout to conform to other air quality rules. Section 3 (National Emission Standards for Hazardous Air Pollutants)

- Revised to removed certain subparts of40 CFR 63 for which Wyoming has no sources. Adds one new subpart. Replaces the word "part" with the word "section" throughoutto conform to other air quality rules. Incorporates by reference the general provisions of 40 CFR 63, Subpart A and strikes the existing general provisions. Clarifies that, in addition to an emission permit, an owner may need to obtain a permit under Chapter 6, Section 3 for construction or modification for New Source Pollution Standard sources and an operating permit under Chapter 6, Section 3. Chapter 6 (Permitting Requirements): Section 3 (Operating Permits)

- Adds definitions for "Alternative operating scenario" and "Approved replicable methodology." Includes additional requirements and clarifications for a permit application under this section. Section 4 (Prevention ofSignificant Deterioration)

- Includes Fine Particle (PM25) increments to comply with CFR requirements in monitoring requirements. Reflects changes to the State Implantation Plan

# '

(SIP). Section 5 (Permit Requirements for Construction and Modification ofNESHAP Sources)

- States that permit requirements for construction and modification ofa National Emissions Standards for Hazardous Air Pollutants source are no longercoveredunderthis section, butunder Chapter 5, Section 3. Strikes all existing language in the section. Section 6 (Permit Requirements for Case-by-Case Maximum Achievable Control Technology (MACT) Determination)- Corrects cross references toNESHAP Sources in Chapter 5, Section 3. Section 14 Qncorporation by Reference)

- Updates the rules to state that all CFR sections revised and published as ofJuly 1, 2010, which are cited in Chapter 6, are incorporated byreference. Chapter 11. Section 2 (National Acid Rain Program, Acid Rain Program)- Updates the rules to state that 40 CFRparts 72-78, revised andpublished as ofJuly 1, 2010, are incorporated byreference. Chapter 14 (Emission TradingProgram Regulations): Section 3 (Sulfur Dioxide Milestone Summary)

- Amended to reflect modifications to sulfur dioxide milestone program in response to national litigation. Reflects changes to the State Implantation Plan (SIP). Section 4 (Mercury BudgetTrading Program)

- Deleted. This section was created in response to an EPA rule issued in 2005 titled CleanAirMercuryRule. The rule was vacated in 2008. Section 5 (Incorporation by Reference)- Updatesthe rules to state that all Code ofFederal Regulations (CFR) revised and published as ofJuly 1, 2010, which are cited in Chapter 14, are incorporatedby reference. Reflects changes to the State ImplantationPlan (SIP).

FINDINGS: The rules appearto be withinthe scope ofstatutory authority and legislative intent. STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved by the Council as submittedbythe Agency.

MDO/cj

# /ff;(~**D.~** Matthew D. Obrecht StaffAttorney

# ~IJ.U Gerald W. Laska StaffAttorney

### Certification Page Regular and Emergency Rules**·.t.'Generaltnfoniiation¥;;~:::.:~.~~~{~?;./~~·~E•;·'·'i;;\~i•''~·.<·J;~;:~···;";j'** 

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### '>'•. a. Agency/Board Name Seeaffachedlistforreferences Department of Environmental Quality b. Agency/Board Address c. Agency/Board City 

# J. d. Agency/Board Zip Code Herschler Building 2-E, 122 W. 25th Street Cheyenne 82002 e. Name of Contact Person f. Contact Telephone Number Christine Anderson 307-675-5624 g. Contact Email Address h. Adoption Date: tina.anderson@wyo.gov January 18, 2012 i. Program(s) Seeaffachedlistforreferences Air Qual:ty 2.RiJ/e

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a. These rules are: 

### 0 Emergency Rules (IJ.ftercomefeting,allof Section2, proceedto SecUon5below) [!] Regular Rules b. Choose all that apply: 

### 0 New Rules• [!] Amended Rules 

### 0 Repealed Rules • "New·rulesmeans the firstsetof regularrules tobepromulgatedbytheAgencyafterthe Legislatureadoptedanewstatutof)' provision orsignificantlyamendedan existingstatute. If"New,' provide the Enrolled Act number and yearenacted: c. Provide the Chapter Number, and Short Title of Each Chapter being Created/Amended/Repealed (if more than5chaptersarebeingcreated/amended/repealed. please use theAdditionalRuleInformationformandattach itto this certification) Chapter Number: ShortTitle: 3 General Emission Standards Chapter Number: Short Title: 5 National Emission Standards Chapter Number: ShortTitle: 6 Permitting Requirements Chapter Number: ShortTitle: 11 National Acid Rain Program Chapter Number: ShortTitle: 14 Emission Trading Program Regulations d. [!] The Statement of Reasons is attached to this certification.

e. Ifapplicable, describe the emergencywhich requires promulgation ofthese rules without providing notice oran opportunityfor apublic hearing:



### 3. State GQvern!llfnt'Ne'tTce lif.TfJindedRulffmgking··. :·.- .•• .•.•.>. 

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.. _2 a. Date on which the Notice of Intentcontaining all ofthe information required by W.S. 16-3-103(a)was filed with the Secretary of State: November 15, 2011 b. Date on which the Notice of Intent and proposed rules in strike and underscoreformat were provided to the Legislative Service Office: November 16, 2011

c. Date on which the Notice of Intent and

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# .. November 16, 2011a. Noticewas mailed 45 days in advance to all persons who made atimely requestfor advance notice. 

### Ill Yes b. Apublic hearing was held on the proposed rules, !.!.l Yes 

### D No lf'Yes:' Date: January 13, 2012

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Location: Greybull Bank, 601 Greybull Avenue

a. Date on which the ?ertification Page with original signatures and final rules were sent to the Attorney General's Office 

### Janu ry 

### 18 2012 forthe Governor's Signature: 8 • b. Date on which final rules weresentto the Legislative Service Office:

## January 

## 18, 2012

c. Date on which aPDF ofthe final rules was electronicallysentto the Secretaryof State:

## JanUary 

## 1 8

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## 201 2 5.Agenf'I/Bctird Certification ··.·. · The undersigned certifies that the foregoing inforp:\Cltion**is~orrect.** PrintedNameofSignalory 

### Jpjin V. Corra -: SignatoryntJe 

### D1 

### rector Dateof Signature 

### January 18, 2012 7. Governor's Certification Ihave reviewed these rules and determined thatthey: 1. Are within the scope ofthe statutory authoritydelegated to the adopting agency; 2. Appearto be within the scope ofthe legislative purpose ofthe statutory authority; and, ifemergency rules, 3. Are necessary and that Iconcur in the finding that they are an emergency. Therefore, Iapprove the same. GovernorsSignature

# ~J--~ Dateof Signature

Distribution List: Attorney General LSO 1. Statement of Reasons; 1. Statement of Reasons; 2. Original Certification Page; 2. Copy ofCertification Page; 3. Summary ofComments (regular rules); 3. Summary ofComments (regular rules); 4. Hard copy of rules: clean and strike/underscore; and 5. Memo to Governor documenting emergency (emergency rules). 4. Hard copy of rules: clean and strike/underscore; 5. Electronic copy of rules: clean and strike/underscore; and 6. Memoto Governor documenting emergency (emergency rules). 

### sos 1. PDF ofclean copy of rules; and 2. Hard copy ofCertification Page as delivered by the AG.

2

# Department of Environmental Quality

To protect, conserve and enhance the quality of Wyoming's environment for the benefit ofcurrent and future generations. 1Uf1L/It

Matthew H. Mead, Governor John Corra, Director

To: From: Honorable Matthew H. Mead, Governor

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..**~** _ ____- John V. Corra, Director, Department ofEnvironmental**Quali~~** Proposed Rules for Chapters 3, 5, 6, 11 and 14 (R-19) Subject:

Date: Priority: Summary: Department ofEnvironmental Quality, Air Quality Division October 14, 2011 HIGH- Deadline for response is October 28, 2011 Notice ofAgency Rulemaking The Air Quality Division is proposing revisions to the Wyoming Air Quality Standards and Regulations listed above. The following is a briefsummary ofthe proposed rule changes:

• Annual updates to sections to be adopted by reference from the 2010 Code ofFederal Regulations (CFR). Ifthe State does not adopt the most recent versions ofthese sections by reference, the rule still applies at the federal level. • Removal ofcertain New Source Performance Standards (NSPS) and National Emission Standards for Hazardous AirPollutants (NESHAP) subsections where no such sources or categories exist in the State, and the addition ofsubsections that were newly promulgated before July 1, 2010. • NESHAP general provisions and NESHAP permitting requirements were removed and adopted by reference from the CFRto maintain consistency with federal language. • Addition ofPM25 increments to bring up to date with federal requirements, and maintain State primacy in the area ofpermitting. • Addition of"Altemative Operating Scenario (AOS)" and "Approved Replicated Methodology (ARM)'' definitions. • Removal ofthe Mercury Budget Trading Program in response to the vacated federal rule. • Modifications to the sulfur dioxide milestone program in response to national litigation. The proposed revisions can be seen in the attached draft rules. Specific information on the changes can be found in the Statement ofPrincipal Reasons (SOPR). The attached SOPR is a draft that will be taken to the Environmental Quality Council (EQC) hearing for a signature. Chapter 3, Section 9, Chapter 6, Sections 4 and 14, and Chapter 14, Sections 3 and 5, involve changes to the State Implementation Plan (SIP). The Wyoming Air Quality Advisory Board recommended that these revisions be taken forward through the rulemaking process at a public meeting held in Green River, Wyoming on August 16, 2011. Agency ContactName: Agency ContactPhone: Agency Contact Email: Christine Anderson 307-675-5624 tina.anderson@wyo.gov

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Herschler Building · 122 West 25th Street · Cheyenne, WY 82002 · http:/ldeq.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 777-6937 LAND QUALITY (307) 777-7756 FAX 777-5864 SOLID & HAZ. WASTE (307) 777-7752 FAX 777-5973 WATER QUALITY (307) 777-7781 FAX 777-5973

# Officeof theAttorneyGeneral

Governor**~Iatthew** H . .l\.lead Attorney General Gregory.-\. Phillips \Vater and Natural Resources Division 123 State Capitol Cheyenne, Wyoming 82002

307-777-6946 Tclephonc 307-777-3542 Fax ChiefDeputy Attorney General Peter K. .l\.lichael Division Deputy Jay A. Jerde 

### PRIVILEGED AND CONFIDENTIAL ATTORNEY- CLIENT COMMUNICATION

Steven Dietrich, Administrator Air Quality Division April 16, 2012

Wyoming Department ofEnvironmental Quality 122 West 25th Street Cheyenne, WY 82002 RE: Legal Authority to Adopt and Implement Amendments to Wyoming Air Quality Standards and Regulations, Chapter 3, Section 9; Chapter 6, Sections 4 and 14; and Chapter 14, Sections 3 and 5. Dear Steve, On April 9, 2012, Carissa Krey submitted a request on your behalffor a letter of advice as to whether Wyoming has the authority to adopt and implement amendments to Wyoming's State Implementation Plan (SIP) to incorporate recent amendments to Chapter 3, Section 9, Chapter 6, Sections 4 and 14, and Chapter 14, Sections 3 and 5 of the Wyoming Air Quality Standards and Regulations (WAQSR) and whether such amendments were lawfully adopted. 

### I. Background 

### Section 110 ofthe Clean Air Act (CAA) directs states to adopt and submit SIPs to the EPA providing for the implementation, maintenance, and enforcement of air quality standards. 42 U.S.C. § 7410(a) (2010); 

### see also 40 C.F.R. pt. 51, Appendix V (2011). Upon EPA's approval, the SIP becomes federally enforceable. 42 U.S.C. §§ 7410(k),Steven Dietrich SIP Amendment- WAQSR Chs. 3, 6 and 14 April 16,2012 Page 2 of4 

### 7413; 

### see also 40 C.P.R. pt. 52. If a state fails to submit a SIP or EPA disapproves the SIP submittal, then EPA may promulgate a federal implementation plan (PIP). 42 U.S.C. 

### § 7410(c). II. Wyoming has Legal Authority to Adopt and Implement these SIP Amendments The Wyoming Environmental Quality Act (WEQA) is designed for the preservation, protection, use, development, reclamation and enhancement ofWyoming's airresources: Whereas pollution ·of the air

. . . of this state will imperil public health and welfare, create public or private nuisances, be harmful to wildlife, fish and aquatic life, and impair domestic, agricultural, industrial, recreational and other beneficial uses; it is hereby declared to be the policy and purpose ofthis act to enable the state to prevent, reduce and eliminate pollution; to preserve, and enhance the air

... of Wyoming; to plan the development, use reclamation, preservation and enhancement ofthe air

... resources ofthe state; to preserve and exercise the primary responsibilities and rights of the state of Wyoming; to retain for the state the control over its air[.] Wyo. Stat. Ann. 

### § 35-11-102 (2010). In enacting the WEQA, Wyoming's legislature balanced public environmental protection goals with the reality that "business and industry, essential to [Wyoming's] economic health, had to be maintained." 

### People v. Platte Pipe Line Co., 649 P.2d 208, 212 (Wyo. 1982). The DEQ Director is authorized to perform "any and all acts necessary" to carry out the WEQA's purpose. Wyo. Stat. Ann.§ 35-11-109(a)(i); 

### see also !d. 

### at§§ 9-2-2013, 35-11-110. Specifically, the DEQ Director is authorized to consult and cooperate with the federal government and "[r]epresent Wyoming in any matters pertaining to plans

. . . relating to environmental enhancement and protection." Wyo. Stat. Ann. 

### § 35-11- 1

09(a)(ii), (viii). All such plans prepared by the DEQ must be submitted to the Governor for review and approval. /d. 

### at § 9-1-208. This statutory scheme vests the DEQ Director with the authority and responsibility for developing and adopting air quality SIPs for submittal to the EPA. Following the Governor's approval, the Governor, or the DEQ Director by designation, submits the SIP to EPA. 

### See Letter from Governor Mead to James B. Martin, Reg'l Adm'r, EPA Region 8 (April 4, 2011 ). Accordingly, theSteven Dietrich SIP Amendment- WAQSR Chs. 3, 6 and 14 April 16, 2012 Page 3 of4 

### Wyoming DEQ Director, acting with the Governor's approval, has the authority to adopt and implementthese SIP amendments. III. Wyoming Complied with State Law Procedural Requirements in Adopting Amendments to Chapters 3, 6 and 14 ofthe WAQSR Chapter 3 ofthe WAQSR, General Emission Standards, was originally adopted in 1970 and has been amended on several occasions over the years. On January 13, 2012, the EQC amended Chapter 3, Section 9. Section 9 consolidates all incorporations by reference for the chapter into one section. The EQC amended Section 9 to update from July 1, 2008, to July 1, 2010, all ofthereferences to the Code ofFederal Regulation rules and American Society for Testing and Material standards cited in Chapter 3. Chapter 6 of the WAQSR, Permitting Requirements, was originally adopted in 1974 and has been amended on several occasions over the years. On January 13, 2012, the EQC amended Chapter 6, including in part, Sections 4 and 14. The EQC amended Section 4 to add increments for particulate matter 2.5 micrometers in diameter or smaller to the prevention of significant deterioration requirements to be consistent with federal rules. The EQC amended Section 14 to update from July 1, 2008, to July 1, 2010, all of the references to the Code ofFederal Regulation rules cited in Chapter 6. Chapter 14 of the WAQSR, Emission Trading Program Regulations, was originally adopted in 2004 to establish requirements for air quality emission trading programs. On January 13, 2012, the EQC amended Chapter 14, including in part, sections 3 and 5. The EQC amended Section 3, sultur dioxide milestone inventory, to reflect program modifications in response to national litigation. The EQC amended Section 5 to update trom July 1, 2008, to July 1, 2010, all ofthe references to the Code of Federal Regulation rules cited in Chapter 14. The EQC adopted the amendments to Chapters 3, 6 and 14 of the WAQSR in substantial compliance with the Wyoming Administrative Procedure Act rulemaking requirements, including Wyo. Stat. Ann. 

### § 16-3-103. These amended rules were within the scope, legislative purposes and statutory authorities ofthe DEQ and EQC as provided in Wyo. Stat. Ann. 

### §§ 35-11-102, 35-11-109, 35-11-110, 35-11-112 and 35-11-201 through -214. These amended rules were also supported by a "Statement of Principal Purpose'' as required by 

### Tri-State Generation and Transmission Ass 'n, Inc. v. 

### Envtl. Quality Council, 590 P.2d 1324, 1331 (Wyo. 1979). On March 27, 2012, Governor Mead approved these amendments. On March 28, 2012, the Wyoming Secretary of State filed these amendments as final and the rules became effective.Steven Dietrich SIP Amendment- WAQSR Chs. 3, 6 and 14 Aprill6, 2012 Page4of4 

### In addition to reviewing these amendments to Chapters 3, 6 and 14 of the W AQSR, I have reviewed the public hearing notices and transcripts, public comments and Wyoming's responses, and the accompanying certification pages. Based upon this review, it is my opinion that Wyoming has complied with state law in adopting these SIP amendments. Please call me ifyou have any questions.

Nancy Sr. Asst. Attorney GeneralNotice 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 8:30AM on January 13, 2012. The hearing will be held at the Greybull Bank, Basement Conference Rm., 601 Greybull Ave., Greybull, Wyoming. The Wyoming Department of Environmental Quality, Air Quality Division (AQD or Division), is proposing to revise Wyoming Air Quality Standards and Regulations (WAQSR) Chapter 3, General Emission Standards, Chapter 5, National Emission Standards, Chapter 6, Permitting Requirements, Chapter 11, National Acid Rain Program, and Chapter 14, Emission Trading Program Regulations. Many of these changes involve updates to sections adopted by reference from the 2010 Code of Federal Regulations. The Division is also making minor corrections to these chapters. Additional changes to Chapter 5 involve the removal ofcertain subsections from Sections 2 and 3. Chapter 6, Section 4, will be revised to include PM2.5 increments to bring this section up to date with federal requirements. The requirements in Chapter 6, Section 5, will be removed and adopted by reference in Chapter 5, Section 3. Chapter 14, Section 4, Mercury trading program, will be removed to maintain consistency with federal regulations. Chapter 3, Section 9, Chapter 6, Sections 4 and 14, and Chapter 14, Sections 3 and 5, involve changes to the State Implementation Plan (SIP) to satisfy Clean Air Act (CAA) Sections 110, 166, and 169. The AQD will submitthese SIP changes tothe Environmental Protection Agency (EPA). The notice for submitting written comments on the WDEQ/AQD proposed revisions was first published on November 16, 2011. The written comment period will close on December 30, 2011. Written comments will also become a part ofthe public record ifthey 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 ofthe public notice 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. Ifyou have questions regarding the proposed rules, contact Christine Anderson, Air Quality Division, at 307-675-5624. The WDEQ/ AQD will file an analysis of the comments received. The EQC has scheduled the public hearing on January 13, 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 atthe EQC website: http://eqc.state.wy.us/docket.htm underthe link titled "11-2101 ". Any person wishingto use a digital presentation during theirtestimony before the Council must provide a digital copy to the Council no less than 3 days prior to the hearing unless you contact the Council 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 theirtestimony. In accordance with theAmericans with DisabilitiesAct, special assistance or alternative formats will be made available upon request for individuals with disabilities

# Environmental Quality CouncilPublic Hearing January 13, 2012--Public Notice

Newspaper Date ofPublication Casper StarTribune November 16-17,2011 Gillette News Record November 17,2011 Cody Enterprise November 16, 2011 Wyoming Tribune-Eagle November 17,2011 RockSpringsDaily Rocket Miner November 17,2011

### BEFORE THE ENVIRONMENTAL QUALITY COUNCIL STATE OF WYOMING IN THE MATTER OF REVISIONS TO SECTION NINE ) TO CHAPTER THREE; REVISIONS TO SECTIONS ) TWO, THREE AND FOURTO CHAPTERFIVE; ) REVISIONS TO SECTIONS ONE, THREE, FOUR, ) FIVE, SIX AND FOURTEEN TO CHAPTER SIX; ) REVISIONS TO SECTION TWO OF CHAPTER ) ELEVEN; AND REVISIONS TO SECTIONS ONE, ) THREE AND FIVE, AND THE REMOVAL OF ) SECTION FOUR FROM CHAPTERFOURTEEN OF ) THE WYOMING AIR QUALITY STANDARDS AND ) REGULATIONS ) STATEMENT OF PRINCIPAL REASONS FORADOPTION

1. The Environmental Quality Council, pursuantto the authority vested in it by the Wyoming Statutes 35-11-112 (a) (i), has revised or removed the following chapters and sections to the Wyoming Air Quality Standards and Regulations. The following sections have been revised: Chapter 3, General Emission Standards, Section 9, Incorporation by reference; Chapter 5, National Emission Standards, Section 2, New source performance standards, Section 3, National emission standards for hazardous air pollutants, and Section 4, Incorporation by reference; Chapter 6, Permitting Requirements, Section 1, Introduction to permitting requirements, Section 3, Operating permits, Section 4, Prevention ofsignificant deterioration, Section 5, Permitrequirements for construction and modification ofNESHAPs sources, Section 6, Permit requirements for case-by-case maximum achievable control technology (MACT) determination, and Section 14, Incorporation by reference; Chapter 11, National Acid Rain Program, Section 2, Acid rain program; and Chapter 14, Emission Trading Program Regulations, Section I, Introduction to emission trading programs, Section 3, Sulfur dioxide milestone inventory, and Section 5, Incorporation by reference. The following section has been removed: Chapter 14, Emission Trading Program Regulations, Section 4, Mercury budgettrading program. 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, or control pollution. Section 35-11-202 (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 3, General Emission Standards, Section 9, Incorporation by reference, was revised as part ofthe annual effort to adopt changes to the federal definition, bringing the version up to date as ofJuly 1, 2010. The revisions to Section 9, Incorporation by reference, involve changes to the State Implementation Plan (SIP).

### 4. Chapter 5, National Emission Standards, Section 2, New source performance standards, Section 3, National emission standards for hazardous air pollutants, and Section 4, Incorporation by reference, and Chapter 11, National Acid Rain Program, Section 2, Acid rain program, have been updated as an annual effort to adopt by reference from the Code ofFederal Regulations (CFR) for July 1, 2010. Section 2, New source performance standards, was revised to remove certain subparts for which Wyoming has no sources, and to replace the word "part" with the word "section" to maintain consistency with other Wyoming Air Quality Standards and Regulations (WAQSR). Section 3, National emission standards for hazardous air pollutants, was revised to remove certain subparts for which Wyoming has no sources, and to include new applicable subparts that have been added to the CFR as ofJuly 1, 2010. In order to maintain consistency with federal language, the general provisions ofthis section were removed and adopted by reference from Subpart A of40 CFR part 63. A minor revision was made in Section 3 to clarify that NSPS sources may need to obtain a permit for construction in accordance with Chapter 6, Permitting Requirements, Section 2, Permit requirements for construction, modification, and operation. 5. Chapter 6, Permitting Requirements, Section 3, Operating permits, has been revised to include the definitions "Alternative Operating Scenario (AOS)" and "Approved Replicable Methodology (ARM)" to maintain consistency with federal rules. Minor revisions to Section 3 included additions, taken directly from federal language, to specify how the definitions fit into the operating permit program. Also, the numbering of definitions was removed to maintain consistency with other WAQSR, references to definitions were corrected, the word "part" was replaced with the word "section" to maintain consistency with the WAQSR, and minor typographical errors were corrected. Section 4, Prevention ofsignificant deterioration, was revised to maintain consistency with federal rules through the inclusion ofPM2

### .s increments. Section 5, Permit requirements for construction and modification ofNESHAPs sources, will now be covered under Chapter 5, National Emission Standards, Section 3, National emission standards for hazardous airpollutants. Language has been added to Section 1, Introduction to permitting requirements, and Section 5, Permit requirements for construction and modification ofNESHAPs sources, to reflect this change. Language regarding the permitting requirements has been removed from Section 5. Section 6, Permit requirements for case-by-case maximum achievable control technology (MACT) determination, was revised to correct cross references to Chapter 5. Section 14, Incorporation by reference, was updated to adopt by reference from the CFR for July 1, 2010. Section 4, Prevention ofsignificant deterioration, and Section 14, Incorporation by reference, involve changes to the SIP. 6. Chapter 14, Emission Trading Program Regulations, Section 1, Mercury budget trading program, was revised to reflect the removal ofSection 4, Mercury budgettrading program. The measurement techniques and baseline date in Section 3, Sulfurdioxide milestone summary, was revised to address modifications to the sulfur dioxide milestone program in response to national litigation. Section 4, Mercury budget trading program, was removed from Chapter 14. Section 4 was created in response to the 2005 Clean Air Mercury Rule (CAMR), butthe rule was vacated by the Environmental Protection Agency (EPA) in 2008. Section 5, Incorporation by reference, was updated to adopt by reference from the CFR for July 1, 2010. Section 3, Sulfur dioxide milestone summary, and Section 5, Incorporation by reference, involve changes to the SIP. 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 with rulemaking provisions ofthe Wyoming Administrative Procedures Act. Datedthis

## -----'/-=-3

__day of

### JA.~c.t

### n..ey

Hearing Examiner- 

### PrintedName Wyoming Environmental Quality Council

2 

### '2012.

Hearing Examiner

- 

### SignedName Wyoming Environmental Quality Council

### Administrator WDEQ/AQD Herschler Building 2-E 122 W. 25th Street Cheyenne, WY 82002 December29, 2011 Mark R. Ruppert P.C. Phone 307-778-4267 Fax 800-962-2307 mruppert@hollandhart.com



### Re: Notice ofProposed RulemakingRevisingWyomingAir Quality Standards and Regulations; Public Hearing Scheduled for January 13, 2012; Comments ofBasin Electric Power Cooperative. Dear Administrator: I submit the following comments on behalfofBasin Electric Power Cooperative (Basin Electric). Basin Electric appreciates the opportunity to comment on the proposed amendments to the Wyoming Air Quality Standards and Regulations, scheduled for public hearing on January 13,2012. These comments are limited to the proposed changes to Chapter 6 ofthe WAQS&R, Section 4(b)(i)(A). It

### appears from the proposed changes to this Section that the Wyoming Department of Environmental Quality (WDEQ) seeks to accomplish three objectives: (1) to add PSD increments for PM2.5, consistent with the increments adopted by the EPA; (2) to add Significant Impact Levels (SILs) for PM2.5, consistent with the SILs adopted by the EPA; and (3) to provide, consistent with EPA, that compliance with the National Ambient Air Quality Standard (NAAQS) and the relevant PSD increment for PM2.5 is demonstrated ifthe impact ofaproposed source ormodification alone is less than the relevant SIL at all locations, or less than the relevant SIL at all locations where cumulative modeling shows an exceedance ofa PM2.5 NAAQS or PSD increment. Basin Electric supports these objectives, which provide for a reasonable balance between protecting air quality and allowing economic development. The WDEQ'sproposal to establish SILs is aligned with the well-established principle that agencies may exempt sources from burdensome regulations where the burdens yield only trivial benefits. See, e.g., AlabamaPower Co. v. Castle, 

### 636 F.2d 323,360-61 (D.C. Cir. 1979). However, Basin Electric is concerned that the language proposed by the WDEQ might not accomplish the third objective noted above as clearly as it could, and therefore proposes alternative language which is consistent with the WDEQ's intent but which may provide greater certainty. We also urge the WDEQ to undertake a further rulemaking as soon as reasonably possible to provide explicitlyfor the use ofSILs for other pollutants.

Holland& HartLLP Phon<> [307] 778-4200 Fax [307]778-8175 www_hollandhart.com 2515 Warren Avenue Suite 450 Cheyenne, WY 82001 Mailing Address P.O. Box 1347 Cheyenne, WY 82003-1347 Aspen Billings Boise Boulder Cheyenne Colorado Springs Denver DenverTech Center Jackson Hole Salt Lake City Santa Fe Washington, D.C. ,-:,

### Administrator WDEQ/AQD December 29, 2011 Page 2 The primary reason for Basin Electric's proposed alternative language is the Wyoming Supreme Court's decision in Powder RiverBasin Resource Council v. Wyoming Dep 't

### of Environmental Quality, 2010 WY 25, 226 P.3d 809 (2010). In that case, the Court held that SILs could not be used to demonstrate compliance with the PSD increment for S02 where cumulative modeling predicted violations ofthe increment, even though the impact ofBasin Electric's proposed source at the time and place ofthe predicted violations was far less than SILs that had been allowed by EPA for projects in other states. The Court relied largely on the language in the Wyoming regulation that "[a] permit to construct

... shall be issued only

... ifthe predicted impact

... is less thanthe maximum allowable increment

..." PowderRiverBasin Resource Council, 226 P.3d at 815-16, citing 6 WAQS&R Section 4(b)(i)(A)(I). The Court held that this language must be read literally and that it precluded the use ofSILs even in cases where the contribution ofa source to an increment exceedance was infinitesimally small. This language remains unchanged in the WDEQ's proposed rule. The Court also stated that "[i]fthe DEQ is going to use Significant Impact Levels to vary from those specific [increment] numbers, then it should incorporate the Significant Impact Levels into its regulations in order to provide notice ofthat practice to the regulated community and other interested parties." !d. 

### at 820. The WDEQ'sproposed language might be sufficient to satisfy the Supreme Court's concerns and accomplish the agency's objectives, but Basin Electric is concerned that some ambiguity might remain. There could be a potential question whether the new rule will persuade the Wyoming Supreme Court that SILs may be used not only at the screening level to avoid cumulative modeling ofPM2.5 sources, but also to allow a permit to be issued, despite cumulative modeling ofNAAQS or increment exceedances, as long as the contribution ofthe source to such exceedances is less than SILs. One reason for concern is that the proposed rule change does not alter the language that the Court held precluded the use ofSILs where cumulative modeling shows a NAAQS or increment exceedance. This fact and the proposed requirement that impacts be less than SILs "in all areas" suggest that it would be helpful to be more explicit about the circumstances in which SILs may apply, in order to avoid future misunderstanding. The proposed Table 2 and the language preceding Table 2 is patterned directly on the EPA regulation that adopted SILs for PM2.5. EPA explains in the preamble to the regulation that SILs may be used both for screening purposes to avoid cumulative modeling and, if cumulative modeling is performed, to allow issuance ofa permit despite a NAAQS or increment exceedance, where the source's contribution to such exceedance is less than SILs. These lessthan-SILs impacts are not deemed to "cause or contribute" to the exceedance. 75 Fed. Reg. at 64890-91 (October 20, 2010). This rule was adopted after the Wyoming Supreme Court'sruling in PowderRiverBasin Resource Council, and it is not unreasonable to hope that the WDEQ's

Holland & Hart LLP Phone [307]778·4200 fax [307] 778·8175 www.hollandhart.com 2515 Warren Avenue Suite 450 Cheyenne,WY 82001 Mailing Address P.O. Box 1347 Cheyenne,WY 82003-1347 Aspen Billings Boise Boulder Cheyenne Colorado Springs Denver DenverTech Center Jackson Hole Salt Lake City Santa Fe Washington, D.C. 

### v

### Administrator WDEQ/AQD December 29, 2011 Page 3 adoption ofa rule that significantlyparallels the EPA rule might cause the Supreme Court to come to a different conclusion in the future. That said, the Wyoming rule change, unlike the EPA rule, does not contain "cause or contribute" language but instead still states that a permit maybe issued only ifthe impact of cumulative sources would not exceed a NAAQS or PSD increment. It

### is true that the WDEQ's proposal states that this requirement is satisfied ifthe impact ofthe source alone is less than the applicable SIL, and hopefully that could satisfy the Supreme Court in a future case with similar facts as 

### Powder RiverBasin Resource Council. However, the proposed rule also states that the requirement is satisfied ifthe impact of the source is less than SILs "in all areas". We believe it is the intent ofthe WDEQ that, when cumulative modeling is done, "in all areas" should mean only those areas where a NAAQS or increment would be exceeded, and should not mean areas where impacts ofthe source might exceed a SIL but cumulative impacts remain belowNAAQS and increment levels. However, BasinElectric is concerned that there is a least some risk ofambiguity, and that risk can readily be removed by stating the intent more explicitly. EPA uses the same "in all areas" phrase, and did not intend this phrase to preclude permitting ofa project, despite NAAQS or increment exceedances, as long as the impact ofthe project at the times and places ofsuch exceedances are less than SILs. However, given the problems that the Supreme Court had with language that remains unchanged in the proposed rule, and the possibility that "in all areas" might be misconstrued to preclude permitting ofa source with 

### de minimis impacts, the rule should be especially clear on this point. Enclosed with these comments is a markup ofthe current rule that includes alternative language to the WDEQ's proposal. Basin Electric believes that the alternative language is consistent with the WDEQ's intent, butmay provide additional clarity regarding the intent and effect ofthe rule change. Basin Electric's alternative adds "cause or contribute" language that parallels the EPA rule, as well as explicitly stating that the PM 2.5 SILs apply both as a screening tool to avoid unnecessary cumulative modeling, and also at the cumulative modeling stage to allow permitting despite exceedances ofa NAAQS or increment as long as the contribution ofthe source to the exceedance is less than the SIL. We encourage the WDEQ to recommend, and the Environmental Quality Council to adopt, this alternative language as the final rule. Equally important, Basin Electric encourages the WDEQ to undertake a further rulemaking as soon as possible to provide for the same treatment for otherpollutants. Basin Electric submits that projects that are beneficial to Wyoming's economy and its citizens, and that providejobs and tax revenues while meeting important energy needs, should not be precluded

Holland&Hart LLP Phone [307] 778·4200 Fax [307] 778-8175 www.hollandhart.com 2515 Warren Avenue Suite 450 Cheyenne, WY 82001 Mailing Address P.O. Box 1347 Cheyenne, WY 82003-1347 Aspen Billings Boise Boulder Cheyenne Colorado Springs Denver DenverTech Center Jackson Hole Salt Lake City Santa Fe Washington, D.C. 

### c,

# HOLLAND&HART-

# "2

T H E L A W 0 U T W E S T I' 

### Administrator WDEQ/AQD December 29, 2011 Page 4 where any contribution to a NAAQS or increment exceedance is 

### de miminis and where other sources, including sources in other states, are the true cause ofsuch exceedances. Thank you again for the opportunity to comment onthe proposed rule. Respectfully submitted,

# ~I Mark R. 

### Ruppert P.C. for Holland & 

### Hart LLP 

### Attorneys for Basin Electric Power Cooperative MRR

5356212 l.DOCX

Holland&Hart LLP Phone [3071 778-4200 Fax [307] 778-8175 www.hollandhart.com 2515 Warren Avenue Suite 450 Cheyenne,WY 82001 Mailing Address P.O. Box 1347 Cheyenne, WY 82003-1347 Aspen Billings Boise Boulder Cheyenne Colorado Springs Denver DenverTech Center Jackson Hole Salt Lake City Santa Fe Washington, D.C. 0

### (b) Any person who plans to construct any major stationary source or undertake 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 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 underthese regulations or underthe Federal Clean Air Act and which are emitted in significant amounts. An 

### analysis of the impact ofotherpollutants may be required bythe Administrator. Such analysis shall identify and quantifythe impact onthe air quality in the area ofall emissions not included inthe 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 notrequired. A permit to construct pursuant to Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are complied with and ifthe allowable emission increases orreductions (including secondary emissions), would not cause or contribute to air pollution in violation of: (a) any national ambient air quality standard in any air quality control region; or (b) any applicable maximum allowable increase overthe baseline concentration, the predicted impact (over and above the baseline concentration) ofemissions defined above is less than the mmcimum allovrable increment_shown in Table**1~** 

### for the classification ofthe area in which the impact is predicted:., and ifthe ambient standard for the pollutant(s) is not exceeded.

6-71

### Table 1 MaximumAllowable Increments ofDeterioration

- J.!g/m3



### Pollutant Particulate Matter:

PM10, 

### annual arithmetic mean PM 10, 

### 24-hour maximum Sulfur Dioxide: Annual arithmetic mean 24-hour maximum* 3-hour maximum* Nitrogen Dioxide Annual arithmetic mean Class I 

## I**~** 4 8

2 

### 5 

### 25

2.5 Class II**~** 

# § 17 30

20 91 

### 512

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

6-72

# Department of Environmental Quality

Matthew H. Mead, Governor To protect, conserve and enhance the quality of Wyoming's environment for the benefit ofcurrent and future generations.



### January 10, 2012

Mr. Mark Ruppert PC Holland and HartLLP P.O. Box 1347 Cheyenne, WY 82003 DearMr. Ruppert, John Corra, Director



### The Air Quality Division received your December 29, 2011 comments on proposed Air Quality rulemaking, scheduled for a public hearing on January 13, 2012. Your comments were submitted on behalf of Basin Electric Power Cooperative and were limited to the proposed changes to Chapter 6 ofthe WAQS&R, Section4(b)(i)(A).

wehave reviewed your comments and understandthat you are attempting to address some of the ambiguities inPSD rulemaking language that surfaced inthe recent Wyoming Supreme Courtdecision inPowderRiverBasinResource Council v. Wyoming Department of Environmental Quality, 2010, WY 25, 226, P.3d 809 (2010). Giventhe complexityofthe issues youhave raised andthe likely interest ofother parties involved, we would suggest that your proposal to further modify Chapter 6, Section4(b) be deferred to a future rulemaking effort. We would like to take the timeto carefully review yourproposal and discuss with EPAbefore asking the Council to act onit. We also believe thatthe changes you are proposing are significant enoughthatwe should take them throughthe full blownrulemaking process allowing ampletime for public comment. Thankyoufor takingthe time to review and comment onourregulations. Although we do nothave a precise date for a future rulemaking effort, we are already looking to make additional changes to Chapter 6, Section 4 that may occurthis summer. Ifyouhave any further concerns or comments, please feel free to contact me.

# ZkaD~ Steven A. Dietrich Air Quality Administrator

cc: Chad Schlictemeier Christine Anderson

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 777-6937 LAND QUALITY (307) 777-7756 FAX 777-5864 SOLID & HAZ. WASTE (307) 777-7752 FAX 777-5973 WATER QUALITY (307) 777-7781 FAX 777-5973

### 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 at any time. Agenda items that do not have a specific time indicated can be taken up by the Council at any time. MEETINGDATE: January 12-13, 2012- BankofGreybull, 601 Greybull Ave., Greybull, 

### WY- 9:00A.M. 

### JANUARY 12, 2012

- HEARING: In the Matterofthe Appeal ofNotice ofViolation and OrderDated July 29th, 2011 Issued to Good Mining Company, LLC- DocketNo. 11-4201A- 9:00A.M. JANUARY 12, 2012- HEARING: In theMatteroftheProtestto theIssuance ofthePermitto Construct No.11-008 (New Fashion Pork)- Docket No. 11-3801-1:00P.M.- Motion to Dismiss JANUARY 13, 2012- RULEMAKING HEARING: DEQ, AQD, Chapters 3,5,6,11,14- DocketNo. 11-2101 -8:30A.M. JANUARY 13, 2012- RULEMAKING HEARING: DEQ,WQD, Chapters 3,5,11,12,16,20,21,23 with New Addit'l. Chapts. 25 and 26

- 11:00 A.M. 

### CALL TO ORDER- Introduction ofCouncil and Staffand EQC'sNewAssigned Attorney General, John Knepper 1. 

### APPROVAL OFMINUTES A. November 16, 2011


### 2. 

### CONSENT AGENDA A. Notice ofViolation and Orders

a. Pure Petroleum, P.O. Box 2636, Gillette, 

### WY -Notice ofViolation and Order- DEQ Docket No. 4917-11, EQC DocketNo. 11-3209

b. 44 Mag Production, Inc., 4328 Highway 66, Longmont, CO, Notice ofViolation and OrderDEQ DocketNo. 4927-11, EQC DocketNo. 11-3210

c. Pioneer Oil, LLC, 1728 Lampman Drive, Suite A, Billings, MT- Notice ofViolation and Order

- DEQ DocketNo. 4926-11, EQC DocketNo. 11-3211

d. Trans-Western Petroleum, Ltd., 1123 SH 26, P.O. Box 276, Golden, CO- Notice ofViolation and Order- DEQ DocketNo. 4925-11, EQC DocketNo. 11-3212

e. Pinnacle Gas Resources, Inc., 1East Alger, Sheridan, 

### WY- Notice ofViolation and OrderDEQ DocketNo. 4924-11, EQC DocketNo. 11-3213

f. Yellowstone RV and Auto Repair, 124 West Yellowstone, Cody, WY- Notice ofViolation and Order- DEQDocketNo. 4473-09, EQC DocketNo. 11-5223B. Administrative Order on Consent

a. In the Matter ofthe Administrative Order on Consent Issued to the City ofDouglas, WY- DEQ DocketNo. 4743-10, EQC DocketNo. 10-5901- Joint Stipulation to Modify Administrative Order on Consent b. Inthe Matter ofthe Administrative Order on Consent Issued to the City ofRawlins, WY- DEQ DocketNo. 4815-11, EQC DocketNo. 11-5901 -Joint Stipulation to Modify Administrative Order on Consent

c. In the Matter ofthe Administrative Order on Consent Issued to the Town ofWheatland, Wyoming- EQC Docket No. 10-5907- Joint Stipulation to Modify Administrative Order on Consent C. Bond Forfeiture

a. ORO Management, LLC, P.O. Box 1389, Green River, WY- License to Explore 238LE- DEQ DocketNo. 4907-11, EQC DocketNo. 11-4503 

### 3 APPROVAL OF ORDERS A. Inthe Matter ofthe Objectionto the SmallMine Permit ofGECR, LLC. TFN 54/191, DocketNo. 11-4804

- Order Granting Small Mine PermitTFN 54/191 B. In the Matter ofthe Objection to the Proposed Renewal Permit Sand Draw Landfill, SHWD File #10-195- DocketNo. 11-5602- Findings ofFact, Conclusions ofLaw and Order 4. DISCUSSION A. Executive Secretary's Report- Jim Ruby 1. Assignment ofPresiding Officer's to New Cases B. AG Report- John Knepper

ADJOURNIn accordance with the Americans withDisabilities Act, special assistance or alternate formats will be made available upon request for individuals with disabilities.Draft8115111



### WYOMING DEPARTMENT OFENVIRONMENTAL QUALITY AIR QUALITYDIVISION STANDARDS AND REGULATIONS General Emission Standards CHAPTER3 Section 9. 

### Incorporation by 

### reference. (a) Code ofFederal Regulations (CFR). All Code ofFederal Regulations (CFR), includingtheirAppendices, cited in this Chapter, revised and published as ofJuly 1, 2008 

### 2.2.12, not including any later amendments, are incorporated byreference. Copies ofthe Code ofFederal Regulations are available for public inspection and copies canbe obtained at cost from the Department ofEnvironmental Quality, Division ofAir Quality, 122 W. 25th 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) American Societyfor Testing and Materials (ASTM). All ASTM standards cited in this Chapter, revised and published as ofJuly 1, 2008

### 2ru.Q, not including any later amendments, are incorporated byreference. Copies ofthe ASTM standards are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division ofAir Quality, 122 W. 25th Street, Cheyenne, Wyoming 82002. Copies can also be obtained at cost from the American Society for Testing and Materials, 1 00 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959.

3-1WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION STANDARDS AND REGULATIONS General Emission Standards CHAPTER3 Section 9. Incorporation by reference. (a) Code ofFederal Regulations (CFR). All Code ofFederal Regulations (CFR), including theirAppendices, cited in this Chapter, revised and published as ofJuly 1, 2010, not including any later amendments, are incorporated byreference. Copies ofthe Code ofFederal Regulations are available for public inspection and copies can be obtained at cost from the Department ofEnvironmental Quality, Division ofAir Quality, 122 W. 25th 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) American Society for Testing and Materials (ASTM). All ASTM standards cited in this Chapter, revised and published as ofJuly I, 2010, not including any later amendments, are incorporated byreference. Copies oftheASTM standards are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division ofAir Quality, 122 W. 25th Street, Cheyenne, Wyoming 82002. Copies can also be obtained at cost from the American Society for Testing and Materials, 100 Barr Harbor Drive, Post Office BoxC700, West Conshohocken, PA 19428-2959.

3-1Draft 1!13/12



### WYOMING DEPARTMENT OFENVIRONMENTAL QUALITY AIR QUALITYDIVISION STANDARDS AND REGULATIONS PermittingRequirements 

### CHAPTER6 Section 4. Prevention ofsignificant deterioration. (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 thatthis 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 peryear, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedesthe 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 equivalent to 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 orhours ofoperation, or both) and the most stringent ofthe following: (i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these regulations and othernew source performance standards and national emission

6-1Draft 1/13/12

standards for hazardous air pollutants promulgated bythe EPA but not yet adopted bythe 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 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 meansthe average rate, in tons per year, atwhich the unit actually emittedthe pollutant during any consecutive 24-month period selected bythe owner or operator within the 5-year period immediatelypreceding when the owner or operator begins actual construction ofthe project. The Division shall allow the use ofa differenttime period upon a determination that it is more representative ofnormal source operation. (A) The average rate shall include fugitive emissionsto 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 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 (otherthan an electric utility steam generating unit), baseline actual emissions means the average rate, in tons peryear, at which the emissions unit actuallyemittedthe pollutant during any consecutive 24-month period selected bythe owneror operator within the 1 0-year period immediatelypreceding eitherthe date the owneroroperator begins actual construction ofthe project, orthe date a complete permit application is received bythe Division for a Chapter 6, Section 4 permit, whichever is earlier, exceptthat the 1 0-year period shall not include any period earlierthan November 15, 1990.

6-2Draft 1/13/12

(A) The average rate shall include fugitive emissionsto 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 whichthe major stationary source must currently comply, had such major stationary source been required to complywith such limitations during the consecutive 24-month period; however, ifan emission limitation is part ofa maximum achievable control technology standard thatthe EPAAdministratorproposed 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 with the 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-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 regulatedNSRpollutant. (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 by paragraphs (ii)(B) and (C) of this 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 other existing emissions units in accordance withthe 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 everypartthereof) designated as attainment orunclassifiable underthe Federal Clean Air Act in which a major source or major modification establishingthe minor source baseline date would construct orwould have an air quality impact forthepollutaot for wbich the baseline datejs es!abHshesl

# as

6-3Draft 1/13112o'tfollgws: Equal to or greaterthan 1**~g/m 3**  (annual average) ofthe

### fJOIIHtaflt for whieh the miHor souree aaseliHe date is estaalished for SO,. NQ,, orPM10: oreaualtoor greater than 0.3 uglm3fannual ayeragel for

## PMu· (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 andthe Hampshire Energy attainment area. (B) The Pacific Powerand Light Area, described as that area bounded bythe NWV4 ofSection 27, T50N, R71W, Campbell County, Wyoming. (C) The Hampshire EnergyArea, described as that areabounded by Section 6 excluding the SWV4; EY2 Section 7; Section 17 excluding the SWV4; Section 14 excluding the SEV4; Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 ofT48N, R70W and Section 26 excluding theNEV4; SWV4 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 areabounded by the WY2SWV4 Section 18, WY2NWV4, NWV4SWV4 Section 19, T47N, R70W, SY2 Section 13, NY2, NY2SWV4, NY2SEV4 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 PMto 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 onthe 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;

6-4Draft 1/13112 (iii) Contributions due to emissions from any emitting source or modification which (1) is not listed in Chapter 6, Section 4(a) underthe definition for "Major stationary source", item (a) and qualified as "major"priorto 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 CleanAirAct 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 anymajor 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 afterthe 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 markthe initiation ofthe change. 

### "Bestavailable controltechnology" means an emission limitation (including a visible emission standard) based on the maximum degree ofreduction ofeach pollutant subjectto regulation under these Standards and Regulations orregulation underthe Federal Clean AirAct, which would be emitted from orwhich results for any proposed major stationary source or major modification whichtheAdministrator, 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 ortreatment or innovative fuel combustiontechniques for control ofsuch pollutant. Ifthe Administrator determines that technological oreconomic limitations on the application ofmeasurement methodologyto a particular emissions unit would make the imposition ofan emission standard infeasible, he may insteadprescribe a design, equipment, work practice oroperational standard orcombination 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 bymeans which achieve equivalentresults. Application ofBACT shall not result in emissions in excess ofthose allowed under Chapter 5, Section 2 or Section 3 oftheseregulations and any

6-5Draft 1113112

other new source performance standard or national emission standards for hazardous air pollutants promulgated bythe EPA but not yet adopted bythe State ofWyoming. 

### "Clean coaltechnology" means anytechnology, including technologies applied at the precombustion, combustion, orpost combustion stage, at a new orexisting facility which will achieve significantreduction in air emissions ofsulfur dioxide oroxides 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 project using funds appropriated under the 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 oroperator has obtained a Construction Permit required by Chapter 6, Section 2 and either has (i) begun, or causedto 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 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, that the application contains all the information necessary for processing the application. Designating an application complete for purposes ofpermitprocessing does not preclude the 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 availabilityrequirements 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 ofthe equipment necessary to meet the data acquisition and availability requirements ofthis section, to

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monitorprocess 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 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 energyoutput capacity ofthe affected facility. 

### "Emissions unit"means any part ofa 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 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 QualityAct 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 anypermit requirements establishedpursuantto 40 CFR 52.21 or under regulations approved pursuantto 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, orother functionally equivalent opening. 

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

### "Indian GoverningBody"means the governing body ofanytribe, band, orgroup ofIndians subject to thejurisdiction ofthe United States and recognized by the United States as possessing power ofself-Government.

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

### "Innovative controltechnology"means any system ofair pollution 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 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 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 sourceto 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 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 "RegulatedNSRpollutant" 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 "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 significant for ozone. (i) A physical change orchange in the method ofoperation shall not include: (A) Routine maintenance, repair and replacement.

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(B) Use ofan alternative fuel byreason ofan orderunder section 125 ofthe Federal Clean AirAct; (C) An increase in the hours ofoperation or in the production rate, ifsuch increase does not exceedthe operating design capacity ofthe major stationary source unless such changewould be prohibited by, or inconsistent with, an enforceable permit issued bythe Division; (D) Use ofan alternative fuel orraw material byreason ofan order in effect under sections 2(a) and (b) oftheEnergy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), orbyreason ofa natural gas curtailment plan in effectpursuantto the Federal Power Act; (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 or material 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 orremoval 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 or operation ofa permanent clean coal technology demonstration projectthat constitutes repowering, provided thatthe project does 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) Thereactivation ofa very clean coal-fired electric utility steam generating unit. (ii) This definition shall not apply with respect to a particularregulated NSRpollutant whenthe major stationary source is complying with the requirements underparagraph (b)(xv) ofthis section for a PAL for thatpollutant. Instead, the

6-9Draft 1113112

definition in paragraph (b)(xv)(B) for "PAL major modification" ofthis section shall apply. 

### "Majorsource baseline date" means: (i) In the case ofparticulate matter

### J.!Mlg and sulfur dioxide, January 6, l975;and (ii) In the case ofnitrogen dioxide, February 

### 8, 1988. 

### o.l( 

### <iii> 

### In the case of

## PM' S· Oct9ber 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 peryear ormore ofany air pollutant for which standards are established under these Standards and Regulations or under the Federal Clean Air Act: fossil fuel-fired steam electric plants of more than two hundred and fifty million Britishthermal units perhour 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 perday, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processingplants, coke oven batteries, sulfurrecoveryplants, 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 combinationsthereof) ofmore than two hundred and fifty million British thermal units per hour heat input, petroleum storage and transfer plants with a capacity exceedingthree hundred thousand barrels, taconite ore processing plants, glass fiber processingplants, charcoal production plants. (b) Such term also includes any stationary source which emits, orhas the potential to emit, two hundred and fifty tons per year or more ofany air pollutant for which standards are establishedunder these Standards and Regulations or under the Federal Clean Air Act. (c) Suchterm also includes any physical changethat 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 volatile organic compounds orNOx is considered to be major for ozone. 

### (7'? "Minorsource baselinedate" means the earliest date after August 7, 1977 for particulate matter

## I!Ml.o and sulfur dioxide, and after February 8, 1988 for nitrogen oxides, and

## afterQctober20. 2011 for 

### PMzs on which a major stationary source or major modification submits a complete permit application under Chapter 

### 6, Section4(b) or underthe Federal Clean AirAct.

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(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 partieulate**matte£~** is as follows: (A) Forthe PowderRiver Basin Area- March 6, 1997; (B) Forthe Pacific Power and Light Area- June 18 1980; (C) Forthe Hampshire EnergyArea- 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 whichthe proposed source ormodification would construct is designated as attainment or unclassifiable under the 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, orin the case ofa major modification, there wouldbe a significant net emissions increase ofthe pollutant. (v) The baseline date is not established bythe 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 August 7, 1980 onlybecause 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 Air Actpriorto August 7, 1980. (vi) Any minor source baseline date established originallyfor the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM10 increments. 

### "Netemissions increase"means, with respect to any regulated NSRpollutant emitted by a major stationary source, the amount by which the sum ofthe following exceeds zero:

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(i) The increase in emissions from a particular physical change or change in the method ofoperation at a stationary source as calculated pursuantto paragraph (b)(i)( 

### J) ofthis section; (ii) Anyother 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 underthis paragraph (ii) shall be determined as provided in the definition for "Baseline actual emissions", exceptthat paragraphs (i)(C) and (ii)(D) ofthedefinition 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 particularchange 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 whenthe increase in actual emissions from the particular change occurs. (v) An increase or decrease 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 calculating the amount ofmaximum allowable increases remaining available. (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) Itis enforceable as a practical matter at and afterthe time that actual construction onthe 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

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(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 particular pollutant. 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. 

### "Potentialto emit"means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical oroperational 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, orprocessed, shall be treated as part ofits design ifthe limitation or the affect it would have on emissions is enforceable. Secondaryemissions do not count in determining the potentialto emit ofa stationary source. 

### "Predictive emissionsmonitoringsystem (PEMS)" means all ofthe equipment necessaryto 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, or change 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 NSR pollutant in any one ofthe 5 years (12-month period) following the date the unit resumes regular operation after the 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. (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 ownrepresentations, 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;

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(B) Shall include fugitive emissionsto the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; (C) Shall exclude, in calculating any increase in emissionsthat results from the particularproject, thatportion 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 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 potentialto emit, in tons per year, as defined underthe definition of"Potentialto emit" ofthis section. 

### "Reactivation of a very clean coal-firedelectric utilitysteamgenerating 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 Air Act Amendments of 1990, andthe emissions from such unit continue to be carried in the State ofWyoming's emissions inventory at the 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 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: (i) Anypollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this paragraph as a constituent or precursorto 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.

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(B) Sulfur dioxide is a precursorto PM2
.5 in all attainment and unclassifiable areas. (C) Nitrogen oxides are presumed to be precursorsto PM25 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.s 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 or EPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributorto that area's ambient PM25 concentrations. (ii) Anypollutantthat is subjectto any standard promulgated under section 111 ofthe Federal Clean AirAct; (iii) Any Class I orII substance subjectto a standard promulgated under or established by Title VI ofthe Federal Clean Air Act; (iv) Any pollutantthat otherwise is subjectto regulation underthe Federal Clean AirAct; exceptthat any or all hazardous air pollutants either listed in section 112 ofthe Federal Clean Air Act or added to the list pursuant to section 112(b)(2) ofthe Federal Clean AirAct, which have not been delisted pursuantto 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 AirAct. (v) [Reserved.] (vi) Particulate matter (PM) emissions, PM25 emissions, and PM10 emissions shall include gaseous emissions from a source oractivity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishingemissions limitations for PM, PM2

.5 and PM 10 in PSD permits. Compliance with emissions limitations for PM, PM25 and PM 10 issued priorto this date shall notbe based on condensable particulate matter unless required bythe terms and conditions ofthe permit orthe applicable implementation plan. Applicability determinations made priorto this date without accounting for condensable particulate matter shall notbe considered in violation ofthis section unless the applicable implementation plan required condensable particulate matterto be included.

6-15Draft 1/13112 

### "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)(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 permanentlyremoved from the major stationary source, otherwise permanentlydisabled, or permanentlybarred 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 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 by the Administrator of EPA, in consultation with the Secretary ofEnergy, a derivative ofone or more ofthese technologies, and any othertechnology capable ofcontrolling multiple combustion emissions simultaneouslywith improved boiler or generation efficiency and with significantly greater waste reduction relative tothe 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, bythe 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 AirAct. 

### "Secondary emissions"means emissions which occur as a result ofthe construction oroperation ofa major stationary source or major modification, butdo not come 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. Secondaryemissions 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.

6-16Draft 1/13/12 Secondary emissions do not include anyemissions 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: POLLUTANT AND EMISSIONS RATE Carbon monoxide: Nitrogen oxides: Sulfur dioxide: Particulate matter:

Ozone: Lead: Fluorides: Sulfuric acid mist: Hydrogen sulfide (H2S): Total reduced sulfur (including H2S): Reduced sulfur compounds (including H2S): Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): Municipal waste combustor metals (measured as particulate matter): Municipal waste combustor acid gases 100 tons peryear (tpy) 40tpy 40 tpy 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 precursor under the definition of"RegulatedNSRpollutant" in Section 4(a) ofthis chapter 40 tpy ofvolatile organic compounds or nitrogen oxides 0.6 tpy 3 tpy 7 tpy 10 tpy 10 tpy 10 tpy

3.2 X 10-6 megagrams per year (3.5 X 10-6 tons per year) 14 megagrams peryear (15 tons per year) (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year)

6-17Municipal solid waste landfill emissions (measured as nonmethane organic compounds): Draft 1113111

45 megagrams peryear (50 tons per year) (ii) "Significant" means, in reference to a net emissions increase orthe potential ofa source to emit a pollutant subjecttothese regulations and regulations under the CleanAirAct, that paragraph (i) above does not list, any emissions rate. (iii) Notwithstandingparagraph (i) above, "significant" means any emissions rate or any net emissions increase associated with a major stationary source or major modification which would constructwithin 10 kilometers ofa Class IArea, and have an impact on such area equal to or greater than 1 Jlg/m3 (24-hour average). 

### "Significant emissions 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 combinationthereof) which emits or may emit any air pollutant subject to these regulations orregulations under the Federal Clean AirAct. 

### "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 oradjacentproperties, 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 same Major Group (i.e., which have the same two-digit code) as described in the StandardIndustrial Classification Manual, 1972, as amended bythe 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 projectthat 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 duringthe project and after it is terminated. 

### "Volatile organic compounds (VOCs)" is defined in Chapter 3, Section 6(a) of these regulations. (b) Any person who plans to construct any major stationary source orundertake a major modification ofan existing stationary source shall be subjectto the conditions outlined below.

6-18Draft 1113112
(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 asto include analysis ofthe predicted impact ofthe allowable and secondaryemissions 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 orunder the Federal Clean AirAct and which are emitted in significant amounts. An analysis ofthe impact ofotherpollutants maybe required bythe Administrator. Such analysis shall identify and quantifythe 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 determinethetotal deterioration ofair quality from the baseline concentrations; however, projections of deterioration due to general non-stationary source growth in the area predictedto occur afterthe date ofapplication is not required. A permitto construct pursuantto Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are compliedwith and ifthe predicted impact (over and above the baseline concentration) ofemissions defined above is less thanthe 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.lg/m3

Pollutant Particulate Matter: 

### PMz ,, anpual arithmetic mean 

### PMz 5: 24-hr

### maximum PM 10, annual arithmetic mean PM 10, 24-hour maximum Sulfur Dioxide: Annual arithmetic mean 24-hourmaximum* 3-hour maximum* Nitrogen Dioxide Annual arithmetic mean Class I 

## 1**~** 4 

### 8

2 

### 5 

### 25

2.5 Class II 

## i 2 17 30

20 

### 91 

### 512

25
*Maximum allowable increment maybe exceeded onceperyear at anyreceptor site. 0 

## .> Forpurposesof

### PM, 5 , thesJemonstratiop reoujres} jn

### pamgraph Cbl(i)CAlCD oftbjssection is deemedtohave

## been madeifthe



### 6-19Draft 1/13112

emissions inccease

# from thenewgtionarvsowce a)one or

## fmll themodificatioQ flsme would

# cause. in all

# areas. air quality imnacts lessthan

### the 

### amOunts specified

### in Table2.

Pollutant Table2**~** Significant ImpactLeyels AveragingTime Annual 

### 24-bour Class I 0.06 ugtm3 0.07 uglm3 Class D

(II) Notwithstanding the provisions ofparagraph (b)(i)(A)(I) above, the following concentrations shall be excluded in determining compliancewith 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 byreason ofan order in effect under sections 2(a) and (b) of the 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 tothe increase in emissions from sources which have converted from using natural gas by reason ofnatural gas curtailment plan in effectpursuantto the Federal PowerAct overthe 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 orothertemporary emission-related activities ofnew or modified 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 tothe 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. b. The 2-yeartime period is notrenewable.

6-20Draft1/13/12

c. Such temporaryemissions are not eligible for exclusion ifthey would impact a Class IArea oran areawhere the applicable increment is known to be violated oran 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 priorto such temporary 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) 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 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 IArea and no areawhere an applicable increment is known to be violated; or (II) The stationary source was in existence on March 1, 1978, and that the 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 peryear. (D) Fugitive emissions, to the extent quantifiable, will be considered in calculating the potential to emit ofthe stationary source or modification only for:

6-21Draft1113112
(I) Sources listed in Chapter 6, Section 4(a) underthe definition of"Major stationary source", item (a). (II) Anyother stationary source categorywhich, 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 areathat would be affected bythe stationary source or modification as required below: (I) For each 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) For pollutants 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 overa period ofone year immediately precedingreceipt ofthe application. The Administrator mayprovide 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 maybe 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, air quality impacts less thanthe following amounts:

6-22Draft 1/13112

a. Carbon Monoxide

- 575 Jlg/m3

, 8-hour average; b. Nitrogen Dioxide- 14 Jlg/m3

, annual average;

c. PMz 5 -4 uglm3• 24-hour ayerage: 

## eg. Partieulate Matter

## fMl!!

- 10 Jlg/m3 of PM10, 24-hour average;**~-** Sulfur Dioxide

- 13 Jlglm3

, 24-hour average; 

## ef. 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 or nitrogen oxides subjectto PSD would be required to perform an ambient impact analysis, including the gathering ofair quality data.) 

## f&. Lead- 0.1 Jlg/m3

, 3-month average; 

### gh. Fluorides- 0.25 Jlg/m3

, 24-hour average; 

## hi. Total Reduced Sulfur- 10 Jlg/m3

, 1-hour average; 

### ij. Hydrogen Sulfide- 0.2 Jlg/m3

, 1-hour average; 

## .tk. Reduced Sulfur Compounds- 10 Jlg/m3

, 1-hour average; or (2.) The concentrations ofthe pollutant in the area that the source or modification would affect are less than the concentrations listed in paragraph (b)(i)(E)(VI)(l.) 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 section to conduct an approved visibility monitoring program in any Class IAreawhich maybe impacted byemissions from the proposed stationary source.

6-23Draft 1/13112
(G) At suchtime that a particular source or modification becomes a major stationary source ormajor modification solelybyvirtue ofa relaxation in any enforceable limitation which was established after August 7, 1980 on the capacityofthe source ormodification otherwise to emit a pollutant, then all ofthe provisions ofChapter 6, Sections 2 and 4 shall applytothe source or modification as though construction had not yet commenced onthe source ormodification. (H) The following specific provisions applyto projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where the owneror operatorelects 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 by the project; and (3.) A description ofthe applicabilitytest used to determine that the project is not a major modification for any regulated NSR pollutant, 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 NSRpollutantthat 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 peryear on a calendar year basis, for a period of

### 5 years following resumption ofregular operations after the change, orfor a period of 10 years following resumption ofregularoperations afterthe change ifthe project increases the design capacityorpotential to emit ofthat regulated NSRpollutant at such emissions unit. (IV) The owner or operator shall submit a reportto the Division within 60 days after the end ofeach year during which records mustbe

6-24Draft1/13/12 generated under paragraph (b)(i)(H)(III) ofthis section setting outthe unit's annual emissions during the calendaryear that preceded submission ofthe report. (I) The owner oroperator ofthe source shall make the 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 pursuant to the requirements contained in 40 CFR70.4(b)(3)(viii). (J) (I) Except as otherwise provided in paragraph (b)(xv) of this section, and consistent with the definition of"Major modification" 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 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 netemissions 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 Applicability Test For Projects That Only Involve Existing Emissions Units. A significant emissions increase of a regulated NSRpollutant is projectedto 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 orexceeds the significant amount for that pollutant (as defined in the definition of "Significant" in Section 4(a)).(IV) Actual-to-Potential Test ForProjects That Only Involve Construction ofa NewEmissions 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"

6-25Draft 1113112

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)). (V) Hybrid Test For Projects That Involve Multiple Types ofEmissions Units. A significant emissions increase ofa regulatedNSRpollutant 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 bythe Administratorto represent the application ofBest Available Control Technology for each pollutant regulated under these Standards and Regulations and under the Federal Clean AirAct and having the potential to emit in significant amounts. For phased construction projects, the determination ofBACT shall bereviewed and modified as appropriate at the latest, most reasonable time no laterthan 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 ormodified emissions unit at which a net emissions increase ofthe pollutant would occur. (C) (I) The applicant for a permit for a source subject to this section maypetition the Administratorto approve a system ofinnovative control technology. (II) The Administrator, with the approval ofthe govemor(s) ofother affected state(s) mayapprove 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 equivalentto 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.

6-26Draft 1113112

(3.) The major stationary source or major modification would meetthe requirements equivalentto those in paragraphs (b)(i)(A)(I), (b)(ii)(A), and (b)(ii)(B) above based onthe emission rate thatthe stationary source employing the system ofinnovative control technology would be required to meet on the date specified bythe Administrator. (4.) The source ormodification would notbefore the date specified bythe Administrator:

a. Cause or contribute to any violation ofan applicable National Ambient Air Quality Standard, or b. Impact any Class IArea, 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 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 unlikelyto achieve the required level ofcontrol orto protect the 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 Administratormay allow the source or modification up to an additional three years to meetthe requirement for the application of BACTthrough use ofa demonstrated system ofcontrol. (iii) Temporaryparticulate 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

6-27Draft 1/13112 determining compliance with the maximum allowable increments in Table 1; however, BestAvailable 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 otherrequirements specified in Appendix W of40 CFRpart 51 (Guideline on Air QualityModels). Where an air quality model specified in Appendix W of40 CFR part 51 (Guideline onAir Quality Models) is inappropriate, the model maybe modified or another 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 EPAAdministrator must be obtained for any modification or substitution. In addition, use ofa modified or substituted model mustbe 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 IArea, orthe Administrator ofEPA orthe 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 oroperator ofsuch source demonstrates to the satisfaction oftheAdministrator 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 IArea 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 IAreas, notwithstanding the fact that the change in air qualityresulting from emissions from such source will not cause orcontribute 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 IArea will occur but the Administrator determines that the analysis does not demonstrate to his satisfactionthat such an adverse impact on visibility will occur, the Administrator shall in the Public Notice issued pursuant tothe requirements ofChapter 6, Section 2(m), explain his decision orgive notice as to where the explanation can be obtained.

6-28Draft 1113112
(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, thatthe emissions from such source will have no adverse impact onthe air quality-related values ofsuch Class I Areas (including visibility) notwithstanding the fact thatthe change in air qualityresulting from emissions from such source will cause or contribute to concentrations which exceedthe maximum allowable increases for Class I Areas, the Administratormay issue a permit. (viii) In the case ofa permit issued pursuantto subsection (vii), such source shall complywith such emission limitation under such permit as maybe necessary to assure that emissions ofsulfur oxides, particulate matter, and nitrogen oxides from such source, will not cause or contributeto concentrations ofsuch pollutantwhich exceeds the following maximum allowable increases overthe baseline concentration for suchpollutants:

Particulate matter: 

### PMz

### s· annual arithmetic mean PM2 S· 24-hr

### maximum PM 10, annual arithmetic mean PM10, 24-hourmaximum 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 

## 2 17 30 

### 20 91 325

25 -r( C\o'>IY**<~** j..,vi

## '''*l> 

### 1.. I

(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 (hereinafterthe Governor), after notice and public hearing, and the Governor finds, that the source cannotbe 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 under this clause will not adversely affectthe air quality 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) Inthe case ofa permit issued pursuantto subparagraph (ix)(A), such source shall complywith such emission limitations under such permit as

6-29Draft 1/13112

maybe necessary to assure that emissions ofsulfur oxides from such source will not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which exceedthe 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.

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

36 130

62 221 (x) Notwithstanding otherrequirements ofthis section, a portable source which is a major stationary source and which has otherwise received a construction permit under Chapter 6, Sections 2 and4 shall not be required to obtain additional relocation permits underthis section if: (A) Emissions from the source would not exceed allowable emissions; and (B) Suchrelocation would impact no Class I Area and no area where an applicable increment is knownto be violated; and (C) Notice is givento 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 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 betransmitted in writingto the applicant and the final decision and all commentsreceived bythe Division during the public commentperiod will be made available for public inspection in the same location wherethe application and analysis was posted. A copyofeach permit 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.

6-30Draft 1/13112 (xii) [Reserved.] (xiii) [Reserved.] (xiv) [Reserved.] (xv) Actuals Plantwide ApplicabilityLimitations (PALs). (A) Applicability. (I) The Division may approve the use ofan actuals PAL for any existing major stationary source ifthePAL 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 ofWyomingrequirements, 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 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 or in the Clean AirAct. 

### "ActualsPAL for a majorstationary 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

6-31Draft 1/13112

"Source" in Section 4(a)) at the 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 limitationsthat are enforceable as a practical matter on the emissions unit's potential to emit. (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) Anyemissions unit that emits or has the potential to emit 100 tons peryear or more ofthe PAL pollutant in an attainment area; or (ii) Anyemissions unit that emits orhas the potential to emitthe PAL pollutant in an amountthat is equal to orgreaterthan 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 ormore tons ofVOC peryear.) 

### "PAL effective date" generally meansthe 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 emitthe 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 "Netemissions 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 greater than the PAL. 

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

6-32Draft 1113112



### "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 peryear, 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 amountthat 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 would 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 orhas 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) PermitApplication Requirements. As part ofa permit application requesting a PAL, the owner oroperator ofa major stationary source shall submitthe following information in paragraphs (b)(xv)(C)(D through (III) ofthis section to the Division for approval. (I) A List ofAll Emissions Units at the Source Designated as Small, Significant orMajorBased onTheirPotential to Emit. In addition, the owner or operator ofthe source shall indicate which, ifany, Federal or State ofWyoming applicable requirements, emission limitations, orworkpractices applyto 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 that the major stationary source owneror operator proposesto 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)(M)(I) ofthis section. (D) General Requirements For Establishing PALs.

6-33Draft 1/13/12 (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). For each month during the first 11 months from the PAL effective date, the major stationary source owner oroperator 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. (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 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) At no time (during or after the PAL effective period) are emissions reductions ofa PAL pollutantthat occur during the PAL effective period creditable as decreases for purposes ofoffsets under 40 CFR part 51.165(a)(3)(ii) unless the level ofthe PAL is reduced bythe 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

6-34Draft 1113/12 procedure that is consistent with Chapter 6, Section 2. This includes the requirementthat the Division provide the public with notice ofthe proposed approval ofa PAL permit 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) Setting the 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 establishingthe 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 maybe used for each 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 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 owneror 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) 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 per year. (II) The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). (III) 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 ofthe PAL effective period, then the PAL shall

6-35Draft 1/13/12

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 data to 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 underparagraph (b)(xv)(M) ofthis section. (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 bythe 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 permit to:

a. Correcttypographical/calculation errors made in setting the PAL orreflect a more accurate determination ofemissions used to establish the PAL;

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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 afterthe PAL effective date; b. Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and thatthe Division may impose on the major stationary source; and

c. Reduce the PAL ifthe Division determines that a reduction is necessaryto avoid causing orcontributing to aNAAQS or PSD increment violation, orto an adverse impact on an AQRV that has been identified for a Federal Class IAreaby a Federal Land Manager and for which information is available tothe general public. (3.) Except for the permit reopening in paragraph (b)(xv)(H)(II)(1.)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 notrenewed 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)(I)(I) 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)(I)(I)(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 bythe Division) by distributing the PAL-allowable emissions for the major stationary source among each

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ofthe emissions units that existed under the PAL. Ifthe PAL had not yet been adjusted for an applicable requirementthat 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 complywith 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. {III) 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){l){l){2.) ofthis section, the source shall continueto comply with a source-wide, multi-unit emissions cap equivalentto the level ofthe PAL emission limitation. (IV) Any physical 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"Majormodification" in Section 4(a). (V) The major stationary source owner or operator 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 orprior to the PAL effective period except for those emission limitations that had been establishedpursuantto paragraph (b)(i)(G) ofthis section, but were eliminated by the 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 maypropose a PAL level for the source for consideration by the Division. (II) Application Deadline. A major stationary source owner or operator shall submit a timely application to the Division to request renewal ofa PAL. A timely application is one that is submitted at least 6 months priorto, butnot

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earlierthan 18 months from, the date ofpermit expiration. This deadline for application submittal is to ensure that the permitwill 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 continueto be effective until the revised permit with the renewed PAL is issued. (Ill) Application Requirements. The application to renew a PAL permit shall containthe 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 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. (IV) PAL Adjustment. In determining whether andhow to adjust the 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 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 orencourage the source's voluntary emissions reductions, or other factors as specifically identified bythe Division in its written rationale. (3.) Notwithstanding paragraphs (b)(xv)(J)(IV)(l.) and (2.) ofthis section:

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a. Ifthe potential to emit ofthe major stationary source is less than the PAL, the Division shall adjust the PALto a level no greaterthan the potential to emit ofthe source; and b. The Division shall not approve a renewed PAL level higherthan 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 at the time ofPAL permit renewal or Chapter 6, Section 3 operating permit 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 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 identifythe emissions unit(s) contributing tothe increase in emissions so as to causethe major stationary source's emissions to equal or exceed its PAL.(2.) As part ofthis application, the major stationary source owner oroperator 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 ofBACTequivalent controls, plus the sum ofthe allowable emissions ofthe new or modified emissions unit(s), exceeds the PAL. The level ofcontrol that would result from BACTequivalent 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 currentlyrequired 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 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

6-40Draft 1/13112 requirements resulting from the Chapter 6, Section 4 process (for example, BACT), even though they have also become subject to the PAL orcontinue 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 emit the PAL pollutant. {II) The Division shall calculate the new PAL as the sum ofthe allowable emissions for each modified or new emissions unit, plusthe sum ofthe baseline actual emissions ofthe significant and major emissions 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 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 of the PAL pollutant in terms ofmass perunit 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 information generated by such system must meet minimum legal requirements for admissibility in a judicial proceedingto 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 by the 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){ 1.) ofthis section ifapproved bythe Division. (4.) Failure to use a monitoring system that meets the requirements ofthis section renders the PAL invalid. {II) Minimum Performance Requirements ForApproved Monitoring Approaches. The following are acceptable general monitoring approaches

6-41when conducted in accordance with the minimum requirements in paragraphs (b)(xv)(L)(III) through (IX) ofthis section: Draft 1113112

(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 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 ofvalidatingthe published content ofthe PAL pollutantthat is contained in or created by all materials used in orat the emissions unit; (2.) Assume that the emissions unit emits all ofthe PAL pollutant that is contained in or created by any raw material or fuel 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 oroperator must use the highest value ofthe range to calculate the PAL 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 operatorusing CEMS to monitor PAL pollutant emissions shall meet the following requirements: (1.) CEMS must complywith 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 or PEMS. An owner or operatorusing CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:

6-42Draft 1/13112 

### (I.) The CPMS orthe PEMS mustbe 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 owner or operatorusing emission factors to monitor PAL pollutant emissions shall meet the following requirements: 

### (I.) 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 owner or 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 ofPALpermit issuance, unless the Division determines that testing is not required. (VII) A source owner oroperatormust 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 PALpermit. (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 betweenthe 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.) Determinethat operation ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PALpollutantemissions is a violation ofthe PAL.

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(IX) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing orother scientifically valid means approved bythe Division. Such testing must occur at least once every 

### 5years after issuance ofthe PAL. (M) Recordkeeping Requirements. (I) The PAL permit shall require an owner or operatorto retain a copy ofall records necessaryto determine compliance with any requirement 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 PAL permit shall require an owner or operatorto retain a copyofthe following records, for the duration ofthe PAL effective period plus 

### 5 years: (I.) 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 datarelied 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 operatingpermit program. The reports shall meet the requirements in paragraphs (b)(xv)(N)(I) through (III) ofthis section. (I) Semi-annual Report. The semi-annual report shall be submittedtothe 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. (1.) 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 pursuant to paragraph (b)(xv)(M)(I) ofthis section.

6-44Draft 1113112
(3.) All data relied upon, including, but not limited to, any QualityAssurance or QualityControl 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 (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 that the monitoring system will be fully operational orreplaced with another monitoring system, and whether the emissions unit monitored bythe monitoring system continued to operate, andthe calculation ofthe emissions ofthe pollutant orthe number determined bymethod included in the permit, as provided byparagraph (b)(xv)(L)(VID ofthis section. (7.) A signed statement bythe responsible official (as defined bythe applicable Chapter 6, Section 3 operatingpermit 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 submitreports ofany deviations orexceedance ofthe PAL requirements, including periods where no monitoring is available. A report submitted pursuantto Chapter 6, Section 3(h)(i)(C)(III)(2.) shall satisfythis 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 permit number; (2.) The PAL requirement that experiencedthe deviation orthat was exceeded; (3.) Emissions resulting from the deviation orthe exceedance;and (4.) 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.

6-45Draft 1/13112 (Ill) Re-validation Results. The owner oroperator shall submitto the Division the results ofany re-validation test or method within three months after completion ofsuch test or method. (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 Administrator has approved regulations incorporating these requirements into Chapter 6, Section 4. (II) The Division may supersede anyPAL which was established priorto 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, orthe application ofsuch provision to any person or circumstance, is held invalid, the remainder ofthis section, orthe application ofsuch provisionto persons orcircumstances 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 applyto a major stationary source ormajor modification that was subjectto Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner oroperator 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 or modification. (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 oroperator ofthe source or modification submits an application for a permit underthese regulations on orbefore June 8, 1981, and the Administrator subsequently determines that the 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 or modification. (C) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not applyto a particular source or modification that was not subject to Chapter 6, Section 4, as effective onJanuary 25, 1979, iftheowner oroperator ofthe

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source or modification submits an application for a permit underthese regulations before June 8, 1981, and the Administrator subsequently determines that the 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 ormodification, ifthe owner or operator ofthe source or modification submits an application for a permitunder Chapter 6, Section 4 on or before 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 or modification if the owner oroperator 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 mayprovide 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 datathat 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 maybe 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 PM10 specified under paragraphs (b)(xvii)(D) and (b)(xvii)(E) ofthis section, effective February 13, 1989, the owner or operator ofthe source or modification shall use a monitoring method approved by the 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 requirementto demonstrate compliance with the maximum allowable increment for nitrogen dioxide shall not applyto a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective on

6-47Draft 1/13/12 February 8, 1988, ifthe owner or operator ofthe source or modification submits an application for a permit underthese regulations on orbefore October 30, 1990 and the Administrator subsequentlydetermines that the application submitted before that date was complete. (I) Therequirementto demonstrate compliance withthe maximum allowable increment for PMw shall not apply to a major stationary source ormajor modification that was subjectto Chapter 6, Section 4, as effective on June 3, 1993, ifthe owner or operator ofthe source or modification submits an application for a permit under these regulations on or before the effective date ofthis regulation revision andthe Administrator subsequently determines thatthe application submitted before that date was complete. Instead, the requirement to demonstrate compliancewiththe maximum allowable increment for TSP, as in effect atthe time the application was submitted, shall apply: Maximum Allowable Increments ofDeterioration

- Jlg/m3

Pollutant Class I Class II Particulate Matter: TSP, Annual geometric mean TSP, 24-hour maximum* 5 10 19 37 *Maximum allowable increment maybe exceeded once peryear 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 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 withinthe State ofWyoming shall be accomplishedthroughthe process ofestablishment ofStandards and Regulations set forth in the Wyoming Environmental Quality Act. (i) The following areas maybe redesignated only as Class I or Class II areas: (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 parkor national wilderness areawhich exceeds 10,000 acres in size and is established after the effective date ofthis regulation.

6-48Draft 1/13112 (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 onlybythe appropriate Indian governing body. (iii) (A) At least one public hearing mustbe 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 prior to 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 necessaryto 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 by the proposed redesignation shall be notified at least 30 days priorto the hearing. (D) Prior to 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 by the redesignation. (E) Priortopublic notice ofthe proposed redesignation the Division shall provide written notice to any Federal Land Manager who maybe 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 respectingthe intended notice ofdesignation. The Federal Land Manager shall be offered the opportunity to submit written comments and recommendations with respectto such intended notice ofredesignation. In redesignating any areawith respect to which the federal land managerhas submitted written comments and recommendations, the Division will publish a list ofany inconsistencybetween such redesignation and such recommendation 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 examine the description and analysis prepared pursuant to subparagraph (iii)(B) above priorto any redesignation.

6-49Draft 1/13112 (iv) (A) Ifan area has been proposed for redesignation to a more stringent class, no permitto construct maybe 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 maybe 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 proceedingtoward development ofthe "description and analysis" required under (iii)(B) above, and provided that such "description and analysis" is complete and submittedto the Council for action on the petition within 18 months ofthe filing ofthe initial petition. Upon good cause shown, the Council mayextendthe foregoing deadline. (B) Where an application for a permitto construct a source has been received bythe Division prior to the receipt bythe Council ofa petition for redesignation ofan area to a more stringent class and where such source maycause an impact in the area proposed for redesignation, the permit application shall be processed consideringthe classification ofan area which existed at the time ofpermit application. Forpurposes ofestablishing a priority 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 under the provisions ofChapter 6, Section 2, and provided that such other information and data is submittedto, andjudgedto be complete bythe Administrator within 18 months ofthe filing ofthe initial permit application. Upon good cause shown, the Administrator mayextendthe foregoing deadline. Section 14. Incorporation by reference. (a) Code ofFederal Regulations (CFR). All Code ofFederal Regulations (CFRs) cited in this chapter, includingtheirAppendices, revised and published as ofJuly 1, 2008**~not** including any later amendments, are incorporated byreference. Copies ofthe Code ofFederal Regulations are available for public inspection and copies can be obtained at cost from the Department ofEnvironmental Quality, Division ofAir Quality, 122 W. 25th 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.

6-50

### WYOMING DEPARTMENT OFENVIRONMENTAL QUALITY AIR QUALITY DMSION STANDARDS AND REGULATIONS PermittingRequirements 

### CHAPTER6 Section 4. Prevention ofsignificant deterioration. (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 forcalculating 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, orcombusted during the selected time period. (ii) The Division may presumethat source-specific allowable emissions for the unit are equivalentto the actual emissions ofthe unit. (iii) Forany 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 capacityofthe source (unless the source is subject to enforceable permit conditions which limit the operating rate orhours ofoperation, or both) and the most stringent ofthe following: (i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these regulations and othernew source performance standards and national emission

6-1standards for hazardous air pollutants promulgated bythe EPA butnot yet adopted bythe State ofWyoming. (ii) Anyother 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 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 by the owner or operator within the 5-year period immediatelypreceding when the owner or operator 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 legallyenforceable 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 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 per year, and for adjusting this amount ifrequired by paragraph (i)(B) ofthis definition. (ii) For an existing emissions unit (otherthan an electric utility steam generating unit), baseline actual emissions means the average rate, in tons peryear, at which the emissions unit actuallyemittedthe pollutant during any consecutive 24-month period selected bythe owner or operator within the 1 0-year period immediatelypreceding 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 permit, whichever is earlier, exceptthat the 1 0-year period shall not include any period earlierthan November 15, 1990.

6-2(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 legallyenforceable during the consecutive 24-month period. (C) The average rate shall be adjusted downward to exclude any emissionsthat would have exceeded an emission limitation with which the major stationary source must currentlycomply, had such major stationary source been required to complywith 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 or maintenance plan consistent with the requirements of40 CFR 51.165(a)(3)(ii)(G). (D) For a regulated NSRpollutant, when a project involves multiple emissions units, onlyone 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 byparagraphs (ii)(B) and (C) of this 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 everypart thereof) designated as attainment orunclassifiable under the Federal Clean Air Act in which a major source or major modification establishingthe minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established as

6-3follows: Equal to or greaterthan 1 Jlg/m3 (annual average) for S02, N02, orPM10; or equal to or greater than 0.3 11g/m3 (annual average) for PM25• (i) The following baseline areas have been designated as separate particulate matter attainment areas under section 107 oftheClean AirAct: (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, 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 NWV! ofSection 27, T50N, R71W, Campbell County, Wyoming. (C) The Hampshire EnergyArea, described as that area bounded by Section 6 excluding the SWV!; 

### EYz Section 7; Section 17 excluding the SWV!; Section 14 excluding the SEV!; Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 ofT48N, R70W and Section 26 excluding the NEVi; SWV! 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 areabounded by the WYzSWV! Section 18, WYzNWV!, NWV!SWV! Section 19, T47N, R70W, 

### SYz Section 13, 

### NYz, NYzSWV!, NYzSE'/4 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 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 bythe 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) underthe definition for "Major stationary source", item (a) and qualified as "major"priorto 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 oftheminor 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 anymajor 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 afterthe 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. 

### "Best available controltechnology"means an emission limitation (including a visible emission standard) based on the maximum degree ofreduction ofeach pollutant subjectto regulation under these Standards and Regulations orregulation under the Federal Clean AirAct, which would be emitted from orwhich results for any proposed major stationary source or major modification which theAdministrator, 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 that technological oreconomic limitations on the application ofmeasurement methodologyto a particular emissions unit would make the imposition ofan emission standard infeasible, he may instead prescribe a design, equipment, work practice oroperational standard or combination thereofto satisfythe requirement ofBestAvailable Control Technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation ofsuch design, equipment, work practice, oroperation 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

6-5other new source performance standard or national emission standards for hazardous air pollutants promulgated bythe EPA but not yet adopted bythe State ofWyoming. 

### "Clean coaltechnology"means anytechnology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new orexisting facility which will achieve significant reduction 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 project using funds appropriated under the heading "Department ofEnergy-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**m~or** stationary source or major modification, means that the owner oroperatorhas 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 orcontractual obligations, which cannotbe canceled or modified 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, that the application contains all the information necessary for processing the application. Designating an application complete for purposes ofpermit processing does not preclude the 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 emissionsmonitoringsystem (CEMS)" means all ofthe equipment that may be required to meet the data acquisition and availabilityrequirements 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 perunit oftime ). 

### "Continuousparametermonitoringsystem (CPMS)" means all ofthe equipment necessaryto meet the data acquisition and availabilityrequirements ofthis section, to

6-6monitor 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 orC02 concentrations), and to record average operational parameter value(s) on a continuous basis. 

### "Electric utilitysteamgenerating 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 energyfor sale is also considered in determining the electrical energyoutput capacity ofthe affected facility. 

### "Emissions unit"means any part ofa stationary sourcethat emits orwould have the potential to emit anyregulated 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 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 QualityAct and/or are federally enforceable bythe 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 CFR52.21 orunder regulations 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 authorityover such lands. 

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

### "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, orgroup ofIndians subjectto thejurisdiction ofthe United States and recognized bythe United States as possessing power ofself-Government.

6-7

### "IndianReservation"means any federally recognized reservation established by treaty, agreement, executive order, or act 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 orofachieving 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 orcategoryofstationary 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 oftheterm 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 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 "RegulatedNSR pollutant" 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 "Significant emissions increase" in this section) from any emissions units ornet emissions increase (as defined in the definition for "Net emissions 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.

6-8(B) Use ofan alternative fuel byreason ofan order under section 125 ofthe Federal Clean AirAct; (C) An increase in the hours ofoperation orin the production rate, ifsuch increase does not exceed the operating design capacity ofthe major stationary source unless such change would be prohibited by, or inconsistent with, an enforceable permit issued bythe Division; (D) Use ofan alternative fuel orraw 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), orby reason ofa natural gas curtailment plan in effect pursuantto the Federal Power Act; (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, orifthe source is approved to use such fuel ormaterial 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 technologydemonstration 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 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-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 particularregulated 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

6-9definition in paragraph (b)(xv)(B) for "PAL major modification" ofthis section shall apply. 

### "Majorsourcebaseline date" means: (i) In the case ofPMtoand sulfur dioxide, January 6, 1975; and (ii) In the case ofnitrogen dioxide, February 8, 1988. (iii) In the case ofPM25, October 20,2010. 

### "Majorstationary source"means (a) any ofthe following stationary sources of air pollutants which emit, orhave the potential to emit, one hundred tons peryear or more ofany air pollutant for which standards are established underthese Standards and Regulations or under the Federal Clean AirAct: fossil fuel-fired steam electric plants of more 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 perday, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfurrecovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal productionplants, 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 hour heat input, petroleum storage and transfer plants with a capacity exceeding three hundred thousand barrels, taconite ore processing plants, glass fiber processingplants, charcoal production plants. (b) Such term also includes any stationary source which emits, orhas the potential to emit, two hundred and fifty tons peryear or more ofany air pollutant for which standards are established under these Standards and Regulations or undertheFederal Clean AirAct. (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 volatile organic compounds or NOx is considered to be major for ozone. 

### "Minorsourcebaselinedate" means the earliest date after August 7, 1977 for PM10 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 or major modification submits a complete permit application under Chapter 

### 6, Section 4(b) orunderthe Federal Clean AirAct.

6-10(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 PowderRiver Basin Area- March 6, 1997; (B) Forthe Pacific Power and Light Area- June 18 1980; (C) For the Hampshire EnergyArea- 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 otherequivalent measures have been established, if: (A) The area in which the proposed source or modification would construct is designated as attainment orunclassifiable under the 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. (v) The baseline date is not established bythe 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 August 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 Air Act 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. 

### "Netemissions increase"means, with respect to any regulated NSRpollutant emitted by a major stationary source, the amount bywhich the sum ofthe following exceeds zero:

6-11(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 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, ornitrogen 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. (vii) A decrease in actual emissions is creditable only to the extent that: (A) The old level ofactual emissions orthe old level ofallowable emissions, whichever is lower, exceedsthe 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 tothe increase from the particular change; and

6-12(viii) An increase that results from a physical change at a source occurs when the emissions unit onwhich construction occurred becomes operational and begins to emit a particular pollutant. 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. 

### "Potentialto 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, orprocessed, 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 oftheequipment necessaryto 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, or change in method ofoperation of, an existing major stationary source. 

### {{Projectedactualemissions"means the maximum annual rate, in tons peryear, at which an existingemissions 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 NSR pollutant, and full utilization ofthe unit would result in a significant emissions increase, ora significant net emissions increase at the major stationary source. (i) In determining the projected actual emissions under the above paragraph ofthis section (before beginning actual construction), the owneror 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 by the Division;

6-13(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 particularproject, that portion ofthe unit's emissions following the projectthat an existing unit could have accommodated during the 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, mayelectto 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 utilitysteamgenerating 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 enactmentofthe CleanAirActAmendments 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 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 CleanAir Act. 

### "RegulatedNSRpollutant", for purposes ofthis section, means the following: (i) Anypollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this paragraph as a constituent or precursorto 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.

6-14(B) Sulfur dioxide is a precursorto PM25 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 or EPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not a significant contributorto that area's ambient PM2.s concentrations. (D) Volatile organic compounds are presumed not to be precursors to PM25 in any attainment or unclassifiable area, unless the State demonstrates to the EPAAdministrator's satisfaction orEPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributorto that area's ambient PM2

.5 concentrations.

(ii) Anypollutantthat is subject to any standard promulgated under section Ill ofthe Federal CleanAirAct; (iii) Any Class I or II substance subjectto a standard promulgated under or established by Title VI ofthe Federal Clean AirAct; (iv) Any pollutant that otherwise is subject to regulation underthe Federal Clean Air Act; exceptthat any or all hazardous air pollutants either listed in section 112 ofthe Federal Clean AirAct or added to the list pursuantto section 112(b)(2) ofthe Federal Clean AirAct, which have not been delisted pursuantto section 112(b)(3) ofthe Federal Clean AirAct, are not regulated NSRpollutants unless the listed hazardous air pollutant is also regulated as a constituent orprecursor ofa general pollutant listed under section 108 ofthe Federal Clean AirAct. (v) [Reserved.] (vi) Particulate matter (PM) emissions, PM2

.5 emissions, and PM10 emissions shall include gaseous emissions from a source oractivitywhich condense to form particulate matter at ambient temperatures. On or afterJanuary 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM25 and PM 10 in PSD permits. Compliance with emissions limitations for PM, PM2
.5 and PM 10 issued prior to this date shall notbe based on condensable particulate matter unless required bythe terms and conditions ofthe permit orthe 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 implementation plan required condensable particulate matterto be included.

6-15

### "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)(1), orthe 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 changethe basic design parameter(s) (as discussed in 40 CFR part 51.166(y)(2)) ofthe process unit. (iv) The replaced emissions unit is permanentlyremoved from the major stationary source, otherwise permanently disabled, orpermanentlybarred 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, oras determined by the Administrator of EPA, in consultation with the Secretary ofEnergy, a derivative ofone or more ofthese technologies, and any othertechnology capable ofcontrolling multiple combustion emissions simultaneouslywith 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 1, 1991, bythe 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. 

### {{Secondary emissions"means emissions which occur as a result ofthe construction oroperation ofa major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purposes of this section, secondaryemissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondaryemissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result ofthe

6-16construction ormodification ofthe major stationary source ormajor modification. Secondaryemissions 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 (H2S): Total reduced sulfur (including H2 S): Reduced sulfur compounds (including H2S): Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): Municipal waste combustormetals (measured as particulate matter): Municipal waste combustor acid gases 100 tons peryear (tpy) 40tpy 40 tpy 25 tpy ofparticulate matter emissions; 15 tpy ofPM 10 emissions 10 tpy ofdirect PM25 emissions; 40 tpyofsulfur dioxide emissions; 40 tpy ofnitrogen oxide emissions unless demonstrated not to be a PM2

.5 precursor under the definition of"RegulatedNSR pollutant" in Section 4(a) ofthis chapter 40 tpy ofvolatile organic compounds or nitrogen oxides 0.6 tpy 3 tpy 7 tpy 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) (measured as sulfur dioxide and hydrogen chloride): 36 megagrams peryear (40 tons per year)

6-17Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 megagrams peryear (50 tons per year) (ii) "Significant" means, in reference to a net emissions increase orthe potential ofa source to emit a pollutant subjecttothese regulations and regulations under the Clean AirAct, 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 greater than 1J.tg/m3 (24-hour average). 

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

### "Stationarysource"means any structure, building, facility, equipment, installation oroperation (or combinationthereof) which emits or mayemit any air pollutant subject to these regulations or regulations 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 ormore contiguous oradjacent properties, and are under the 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 same Major Group (i.e., which have the sametwo-digit code) as described in the StandardIndustrial Classification Manual, 1972, as amended bythe 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 projectthat is operated for a period of5 years orless, 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. (b) Any person who plans to construct any major stationary source or undertake a major modification ofan existing stationary source shall be subject to the conditions outlined below.

6-18(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 asto include analysis ofthe predicted impact ofthe allowable and secondaryemissions 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 underthese regulations orunderthe Federal Clean AirAct and which are emitted in significant amounts. An analysis ofthe impact ofother pollutants maybe required bytheAdministrator. Such analysis shall identify and quantifythe impact on the air quality in the area ofall emissions not included in the baseline concentrations including, butnot 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 ofairquality from the baseline concentrations; however, projections of deterioration due to general non-stationary source growth in the area predictedto occur after the date ofapplication is not required. A permit to construct pursuantto Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are compliedwith and ifthe predicted impact (over and above the baseline concentration) ofemissions defined above is less than the maximum allowable increment shown in Table I for 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

- Jlg/m3

Pollutant Particulate Matter: PM25, annual arithmetic mean PM2
.5, 24-hrmaximum PM 10, annual arithmetic mean PM 10, 24-hourmaximum SulfurDioxide: Annual arithmetic mean 24-hourmaximum* 3-hourmaximum* Nitrogen Dioxide Annual arithmetic mean Class I I 2 4 8

2 5 

### 25

2.5 Class II 4 9 17 30



### 20 91 

### 512

25
*Maximum allowable incrementmaybe exceeded onceperyear at anyreceptor site. (1.) Forpurposes ofPM25, the demonstration required in paragraph (b)(i)(A)(I) ofthis section is deemed to have been made ifthe

6-19emissions increase from the new stationary source alone orfrom the modification alone would cause, in all areas, air quality impacts less than the amounts specified in Table 2.

Pollutant Table 2 PM25 Significant Impact Levels Averaging Time Annual 24-hour Class I 0.06J.1g/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, orboth by reason ofan order in effect under sections 2(a) and (b) of the 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 afterthe 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 pursuantto the Federal PowerAct overthe 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 or modified 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 to the temporary increase in emissions ofsulfur dioxide, particulate matter, or nitrogen oxides from stationary sources as specified below.

a. Thetemporary emissions do not occur for more than 2 years. b. The 2-yeartime period is not renewable.

6-20c. Such temporaryemissions are not eligible for exclusion ifthey would impact a Class IArea or an area where the applicable increment is known to be violated oran area where they would cause orcontributeto a violation ofthe applicable ambient air quality standard. d. Atthe end ofthe temporary emission time frame, emissions from the stationary source causing these temporaryemissions 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 owner oroperator shall provide an analysis ofthe impairmentto visibility, soils and vegetation that would occur as a result ofthe source or modification and general commercial, residential, industrial, and othergrowth associated with the source or modification. The owneror operatorneed not provide an analysis of the impact on vegetation having no significant commercial orrecreational value. (II) The owner oroperator 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) 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 applyto 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 ofthat pollutant from a modification would be temporary and would impact no Class IArea 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 that the 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 peryear. (D) Fugitive emissions, to the extent quantifiable, will be considered in calculating the potential to emit ofthe stationary source ormodification onlyfor:

6-21(I) Sources listed in Chapter 6, Section 4(a) under the definition of"Major stationary source", item (a). (II) Any other stationary source categorywhich, 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 areathat 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 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 Administrator mayprovide 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 pursuantto 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 particular pollutant maybe waived by the Administratorupon 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, air quality impacts less than the following amounts:

6-22a. Carbon Monoxide- 575 Jlg/m3

, 8-hour average; b. Nitrogen Dioxide

- 14 Jlg/m3

, annual average;

c. PM25 - 4 Jlg/m3

, 24-hour average; d. PM1o- 10 Jlg/m3 ofPM 10, 24-hour average;

e. Sulfur Dioxide- 13 Jlg/m3

, 24-hour average; f. 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 subject to PSD would be required to perform an ambient impact analysis, including the gathering ofair quality data.)
g. Lead- 0.1Jlg/m3

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

, 24-hour average; 

### i. Total Reduced Sulfur

- 10 Jlg/m3

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

, 1-hour average; 

### k. Reduced Sulfur Compounds- 10 Jlg/m3

, 1-hour average; or (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){l.) ofthis section; or (3.) The pollutant is not listed in paragraph (b)(i)(E)(VI){l.) ofthis section. (F) The Administrator may require an applicant subject to 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.

6-23(G) At such time that a particular source or modification becomes a major stationary source ormajor modification solely by virtue ofa relaxation in any enforceable limitation which was established after August 7, 1980 on the capacity ofthe source ormodification otherwise to emit a pollutant, then all ofthe provisions ofChapter 6, Sections 2 and 4 shall applyto the source ormodification as though construction had not yet commenced on the source or modification. (H) The following specific provisions applyto projects at existing emissions units at a major stationary source (otherthan projects at a source with a PAL) in circumstances where the owner or operatorelects 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 oroperator 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 applicabilitytest used to determine that the project is not a major modification for anyregulated 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 monitor the emissions of any regulated NSRpollutantthat 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 peryear on a calendar year basis, for a period of

### 5 years following resumption ofregularoperations afterthe change, orfor a period of 10 years following resumption ofregular operations after the change ifthe project increases the design capacity or potential to emit ofthat regulated NSRpollutant at such emissions unit. (IV) The owneror operator shall submit a reportto the Division within 60 days after the end ofeach year during which records must be

6-24generated under paragraph (b)(i)(H)(III) ofthis section setting outthe unit's annual emissions during the calendaryearthat preceded submission ofthereport. (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 by the 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 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 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 "Net emissions 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. (Ill) Actual-to-Projected-Actual ApplicabilityTest For Projects That OnlyInvolve Existing Emissions Units. A significant emissions increase of a regulated NSR pollutant 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 orexceeds the significant amount for that pollutant (as defined in the definition of "Significant" in Section 4(a)).(IV) Actual-to-Potential Test ForProjects That Only Involve Construction ofa New Emissions Unit(s). A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe difference between the 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"

6-25in Section 4(a)) ofthese units before the project equals or exceeds the significant amount for thatpollutant (as defined in the definition of"Significant" in Section 4(a)). (V) Hybrid Test For Projects 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 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 bythe Administratorto represent the application ofBest Available Control Technology for each pollutant regulated under these Standards and Regulations and underthe Federal Clean AirAct 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, most reasonable time no laterthan 18 months prior to commencement ofeach phase ofthe proposed project. At such time, the owneroroperator ofthe applicable stationary source may be required to demonstrate the adequacyofanyprevious determination ofbest available control technology for the stationary source. (B) In the case ofa majormodification, the requirements for Best Available Control Technologyshall apply onlyto 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 maypetition the Administratorto approve a system ofinnovative control technology. (II) The Administrator, with the approval ofthe govemor(s) ofother affected state(s) mayapprove 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 agreesto 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 or 7 years from permit issuance.

6-26(3.) The major stationary source or major 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 employing the 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 or contributeto any violation ofan applicable National Ambient Air Quality Standard, or b. Impact any Class IArea, 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 employa 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 contributeto an unreasonable risk to public health, welfare, or safety, or (3.) The Administrator decides at anytime that the proposed system is unlikelyto achieve the required level ofcontrol orto protectthe public health, welfare, or safety. (IV) Ifthe source or modification fails to meet the 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 of BACTthrough use ofa demonstrated system ofcontrol. (iii) Temporaryparticulate 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

6-27determining 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 ofairquality modeling required under paragraph (b)(i) above shall be based onthe applicable models, databases, and other requirements specified in Appendix W of40 CFR part 51 (Guideline on Air QualityModels). Where an air quality model specified in Appendix W of40 CFRpart 51 (Guideline on Air QualityModels) is inappropriate, the model maybe 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 opportunityfor public comment underprocedures 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 ofEPA orthe governor ofan adjacent state containing such a Class I Area, files a notice alleging that emissions from a proposed source ormajor modification may cause or contributeto 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 Administratorthat 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, notwithstandingthe fact that the change in air qualityresulting 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 priorto the Public Notice issued pursuantto Chapter 6, Section 2(m) ofthese regulations, an analysis ofthe impact oftheemissions 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 satisfactionthat such an adverse impact on visibilitywill occur, the Administrator shall in the Public Notice issued pursuant to the requirements ofChapter 6, Section 2(m), explain his decision orgive notice as to where the explanation can be obtained.

6-28(vii) In any case wherethe owner oroperator 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 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 Administratormay issue a permit. (viii) In the case ofa permit issued pursuantto subsection (vii), such source shall complywith such emission limitation under such permit as maybe necessary to assure that emissions ofsulfur oxides, particulate matter, and nitrogen oxides from such source, will not cause or contribute to concentrations ofsuch pollutantwhich exceedsthe following maximum allowable increases overthe baseline concentration for such pollutants:

Particulate matter: 

### PM 25, annual arithmetic mean PM2.5, 24-hr maximum PM1 o, 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) 4 9 17 30 20 91 325

25 (ix) (A) In anycase wherethe 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 (hereinafterthe Governor), after notice and public hearing, and the Governor finds, that the source cannot be constructed byreason ofanymaximum allowable increases for sulfur dioxide for periods oftwenty-four hours or less applicableto any Class I Area and, in the case offederal Mandatory Class I Areas, that a variance underthis clause will not adversely affect the airqualityrelated values ofthe area (including visibility), the Governor, after consideration oftheFederal Land Manager's recommendation (ifany) and subjectto his concurrence, maygrant 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 pursuant to subparagraph (ix)(A), such source shall complywith such emission limitations under such permit as

6-29maybe necessaryto assure that emissions ofsulfur oxides from such source will not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contributeto concentrations which exceedthe following maximum allowable increases for such areas over the baseline concentration for such pollutant and 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 more than 18 days during any annual period.

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

36 130



### 62 221 (x) Notwithstanding otherrequirements 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 prior to 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 writingto the applicant and the final decision and all comments received bythe Division duringthe 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 subjectto this section and impacting a Federal Class IArea will be transmitted to EPA. EPA will be provided with notice ofeach action taken bythe Division on such application.

6-30(xii) [Reserved.] (xiii) [Reserved.] (xiv) [Reserved.] (xv) Actuals Plantwide ApplicabilityLimitations (PALs). (A) Applicability. (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. Theterm "PAL" shall mean "actuals PAL" throughout paragraph (b)(xv) ofthis section. (II) Anyphysical change in orchange 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 continueto comply with all applicable Federal or State ofWyomingrequirements, 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 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 or in the Clean AirAct. 

### "ActualsPAL for a majorstationarysource"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

6-31"Source" in Section 4(a)) at the source, that emit or have 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 onthe emissions unit's potential to emit. (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". 

### "Majoremissions unit" means: (i) Anyemissions unit that emits or has the potential to emit 100 tons per year ormore ofthe PAL pollutant in an attainment area; or (ii) Anyemissions unit that emits orhas the potential to emit the PAL pollutant in an amount that is equal to orgreaterthan 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) oftheClean AirAct, 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 orhas the potential to emit 50 ormore 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 emitthe 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 "Netemissions increase" ofSection 4(a), any physical change in or change in the method ofoperation ofthe PAL sourcethat 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.

6-32

### "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 peryear, 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 orhas the potential to emit a PAL pollutant in an amount that is equal to orgreater than the significant level (as defined in the definition for "Significant" in Section 4(a) or in the CleanAirAct, whichever is lower) for that PAL pollutant, but less than the amountthat would qualifythe unit as a major emissions unit as defined in paragraph (b)(xv)(B) for the definition of**"M~or** emissions unit" ofthis section. 

### "Smallemissions unit"means an emissions unit that emits orhas the potential to emit the 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 AirAct, whichever is lower. (C) Permit Application Requirements. As part ofa permit application requesting a PAL, the owneroroperatorofa major stationary source shall submitthe following information in paragraphs (b)(xv)(C)(I) through (Ill) ofthis section to the Division for approval. (I) A List ofAll Emissions Units at the Source Designated as Small, Significant orMajorBased on Their Potential to Emit. In addition, the owner oroperator ofthe source shall indicate which, ifany, Federal or State ofWyoming applicable requirements, emission limitations, or work practices applyto each unit. {II) Calculations ofthe Baseline Actual Emissions (With SupportingDocumentation). 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 that the major stationary source owner or operatorproposes to use to convert the 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 ForEstablishingPALs.

6-33(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 owneroroperator 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). For each month during the first 11 months from the PAL effective date, the major stationary source owner oroperator 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. (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 atthe 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 owneror operator ofthe major stationary source with a PAL shall complywith 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) At no time (duringor after the PAL effective period) are emissions reductions ofa PAL pollutantthat occur during the PAL effective period creditable as decreases for purposes ofoffsets under 40 CFR part 51.165(a)(3)(ii) unless the level ofthe PAL is reduced bythe amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL. (E) Public Participation Requirements ForPALs. PALs for existing major stationary sources shall be established, renewed, orincreased, through a

6-34procedure that is consistent with Chapter 6, Section 2. This includes the requirement that the Division provide the public with notice oftheproposed 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-YearActuals 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 underthe definition of"Significant" in Section 4(a) orunder the Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, onlyone 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 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 PAL permit to become effective on the future compliance date(s) ofany applicable Federal or State ofWyoming regulatory requirement(s) that the Division is aware ofpriorto issuance ofthe PALpermit. 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 byhalfoftheoriginal baseline emissions ofsuch unit(s). {II) For newly constructed units (which do not include modifications to existingunits) 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 peryear. (II) The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). {Ill) Specification in the PAL permit that ifa major stationary source owner oroperator 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

6-35not expire at the end ofthe PAL effective period. It shall remain in effect until a revised PAL permit is issued bythe 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 subjectto the requirements ofparagraph (b)(xv)(l) ofthis section. (VI) The calculation procedures that the**m~or** stationary source owneroroperator shall use to convertthe monitoring system datato monthly emissions and annual emissions based on a 12-month rolling total for each month as required byparagraph (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. (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 bythe required deadlines. (X) Anyother 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;

6-36b. Reduce the PAL ifthe owner or operator ofthe major stationary source creates creditable emissions reductions for use as offsets under40 CFR part 51.165(a)(3)(ii); and

c. Revise the PALto reflect an increase in the PAL as provided underparagraph (b)(xv)(K) ofthis section. (2.) The Division mayreopen 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 otherrequirement, that is enforceable as a practical matter, and that the Division may impose on the major stationary source; and

c. Reduce the PAL iftheDivision determines that a reduction is necessaryto avoid causing or contributing to a NAAQS or PSD increment violation, orto an adverse impact on an AQRV that has been identified for a Federal Class I Area by a Federal Land Managerand 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. AnyPAL that is notrenewed in accordance with the procedures in paragraph (b)(xv)(J) ofthis section shall expire at the end ofthePAL 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 under the 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.) 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 bythe Division) by distributingthe PAL-allowable emissions for the major stationary source among each

6-37ofthe emissions units that existed underthe 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 ifthe PAL 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 complywith the allowable emission limitation on a 12-monthrolling basis. The Division mayapprove the use of monitoring systems (source testing, emission factors, etc.) otherthan CEMS, CERMS, PEMS orCPMS to demonstrate compliance with the allowable emission limitation. (III) Until the Division issues the revised permit incorporating allowable limits for each emissions unit, oreach group ofemissions units, as required under paragraph (b)(xv){l){l)(2.) ofthis section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalentto the level ofthe PAL emission limitation. {IV) Anyphysical change orchange in the method of operation atthe major stationary source will be subject to Chapter 6, Section 4 requirements ifsuch change meets the definition of"Majormodification" in Section 4(a). (V) The major stationary source owneror operator shall continue to complywith any State ofWyoming orFederal 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 pursuantto paragraph (b)(i)(G) ofthis section, but were eliminated by the 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 tothe public for review and comment. During such public review, anyperson maypropose 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 ofa PAL. A timely application is one that is submitted at least 6 months prior to, but not



### 6-38earlierthan 18 months from, the date ofpermitexpiration. This deadline for application submittal is to ensure that the permit will not expire 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 continueto be effective until the revised permit with the renewed PAL is issued. (III) Application Requirements. The applicationto renew a PAL permit 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 emit ofall emissions units under the PAL (with supporting documentation). (4.) Anyother information the owner or operator wishes the Division to consider in determining the appropriate level for renewing the PAL. (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. (I.) Iftheemissions 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 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, or that it determines to be appropriate considering air qualityneeds, 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 bythe Division in its written rationale. (3.) Notwithstanding paragraphs (b)(xv)(J)(IV)(l.) and (2.) ofthis section:

6-39a. Ifthe potential 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 higherthan the currentPAL, 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 tothe PAL source occurs during the PAL effective period, and ifthe Division 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. (1.) The owner oroperator 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.(2.) As part ofthis application, the major stationary source owner oroperator 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 ofBACTequivalent controls, 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 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 currentlyrequired to complywith 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 LAERwith 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 complywith anyemissions

6-40requirements resulting from the Chapter 6, Section 4 process (for example, BACT), even though they have also become subjectto the PAL orcontinue to be subjectto the PAL. (4.) The PAL permit shall require that the increased PAL level shall be effective ontheday 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 ofBACTequivalent controls as determined in accordance with paragraph (b)(xv)(K)(I)(2.) ofthis section), plusthe sum ofthe baseline actual emissions ofthe small emissions units. {III) The PAL permit shall be revised to reflect the increased PAL level pursuantto 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 of the PAL pollutant in terms ofmass perunit oftime. Anymonitoring system authorized for use in the PAL permitmust be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceedingto 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 by the 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 bythe Division. (4.) Failure to use a monitoring system that meets the requirements ofthis section renders the PAL invalid. (II) Minimum Performance Requirements ForApproved Monitoring Approaches. The following are acceptable general monitoring approaches

6-41when 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 orPEMS; and (4.) Emission factors. (III) Mass Balance Calculations. An owner oroperator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: 

### (I.) Provide a demonstrated means ofvalidating the published content ofthe PAL pollutantthat is contained in orcreated 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 orat 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 orat 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 PAL 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 operatorusing CEMS to monitor PAL pollutant emissions shall meet the following requirements: 

### (I.) CEMS must complywith 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 orPEMS. An owneroroperatorusing CPMS or PEMS to monitor PAL pollutant emissions shall meetthe following requirements:

6-42(1.) The CPMS orthe PEMS must be based on current site-specific datademonstrating 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 owneror operator 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 oroperator 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 PAL permit. (VIII) Notwithstanding the requirements in paragraphs (b)(xv)(L)(III) through (VIII) ofthis section, where an owner oroperator 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: (I.) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonablyestimated 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 PAL pollutant emissions is a violation ofthe PAL.

6-43(IX) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved bythe Division. Such testing must occur at least once every 

### 5years after issuance ofthe PAL. (M) Recordkeeping Requirements. (I) The PAL permit shall require an owner oroperator to 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 operator to retain a copy ofthe following records, for the duration ofthe PAL effective period plus 5 years: (1.) A copyofthe 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 operatingpermit program. The reports shall meet the requirements in paragraphs (b)(xv)(N)(I) through (III) ofthis section. (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. (1.) The identification ofowner and operator and the permit number. (2.) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to paragraph (b)(xv)(M)(I) ofthis section.

6-44(3.) All datarelied upon, including, but not limited to, anyQualityAssurance or QualityControl data, in calculatingthe monthly and annual PAL pollutant emissions. (4.) A list ofanyemissions units modified oradded to the major stationary source during the preceding 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 ofanymonitoring system, whether the shutdown was permanent ortemporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational orreplaced with another monitoring system, and whetherthe emissions unit monitored bythe monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant orthe numberdetermined 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 oroperator shall promptly submit reports ofanydeviations or exceedance ofthe PAL requirements, including periods where no monitoring is available. A report submitted pursuantto Chapter 6, Section 3(h)(i)(C)(III)(2.) shall satisfythis 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 permit number; (2.) The PAL requirement that experienced the deviation orthat was exceeded; (3.) Emissions resulting from the deviation orthe exceedance;and (4.) A signed statement bythe responsible official (as defined bythe applicable Chapter 6, Section 3 operatingpermitprogram) certifying the truth, accuracy, and completeness ofthe information provided in the report.

6-45(III) Re-validation Results. The owner oroperator shall submitto the Division the results ofanyre-validation test ormethod within three months after completion ofsuch test ormethod. (0) TransitionRequirements. (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 priorto 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, orthe application ofsuch provision to any person or circumstance, is held invalid, the remainder ofthis section, orthe application ofsuch provision to persons orcircumstances other than 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 applyto a**m~or** stationary source ormajor modification that was subject to Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner oroperator ofthe source submitted an application for a permit underthese 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, applyto any such source ormodification. (B) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not applyto a particular source or modification that was subjectto Chapter 6, Section 4, as effective on January25, 1979, ifthe owner oroperator ofthe source or modification submits an application for a permit underthese regulations on orbefore June 8, 1981, and the Administrator subsequently determines that the 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 or modification. (C) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not applyto a particular source ormodification that was not subjectto Chapter 6, Section 4, as effective onJanuary 25, 1979, ifthe owneroroperator ofthe

6-46source or modification submits an application for a permit under these regulations before June 8, 1981, and the Administrator subsequently determines that the 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 PM10 in paragraphs (b)(i)(E)(I) through (IV) ofthis section, effective February 13, 1989, shall not applyto a particular source or modification, ifthe owneroroperator ofthe source or modification submits an application for a permit under Chapter 6, Section 4 on orbefore June 1, 1988 and the Administrator subsequentlydeterminesthat the application submitted before that date was complete, except with respect to the requirements for monitoring particulate matter. (E) The requirements for air qualitymonitoring 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 owner oroperator 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, exceptthat the Administrator mayprovide 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) Forany application under this section that becomes complete except as to the requirements ofparagraphs (b)(i)(E)(III) and (b)(i)(E)(IV) pertainingto 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. TheAdministrator 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 that 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 February 13, 1989, the owner oroperator 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 estimating procedures approved bythe Administrator. (H) The requirement to demonstrate compliance with the maximum allowable increment for nitrogen dioxide shall not applyto a major stationary source or major modification that was subjectto Chapter 6, Section 4, as effective on

6-47February 8, I988, ifthe owneroroperator ofthe source ormodification submits an application for a permit underthese regulations on orbefore October 30, I990 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 on June 3, I993, ifthe owneroroperator ofthe source ormodification submits an application for a permit under these regulations on orbeforethe effective date ofthis regulation revision and the Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirement to demonstrate compliancewith the maximum allowable increment for TSP, as in effect at the time the application was submitted, shall apply: Maximum Allowable Increments ofDeterioration

-**~g/m 3**  Pollutant Class I Class II Particulate Matter: TSP, Annual geometric mean TSP, 24-hourmaximum* 5 

### IO I9 37 *Maximum allowable increment maybe exceeded once peryear at anyreceptor site. (c) All national parks, national wilderness areas, and national memorial parks in Wyoming as ofJanuary 25, I979, 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 maybe redesignated only as Class I or Class II areas: (A) An area which exceeds I0,000 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 I0,000 acres in size and is established afterthe effective date ofthis regulation.

6-48(ii) Except as provided in paragraph (c) above, any area maybe redesignated as Class I orII, 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 maybe redesignated to any class, but onlybythe 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 person petitioning the Department orCouncil 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 necessaryto 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 may be affected bythe proposed redesignation shall be notified at least 30 days priorto the hearing. (D) Priorto proposing a redesignation, the Division and the Air QualityAdvisory Board shall consult with the elected leadership oflocal and other substate general purpose governments in the area covered by the 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 managerhas submitted written comments and recommendations, the Division will publish a list ofany inconsistency between such redesignation and such recommendation with an explanation ofsuch inconsistency (togetherwith the reasons for making such redesignation against the 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.

6-49(iv) (A) Ifan areahas been proposed for redesignation to a more stringent class, no permitto construct maybe granted to a source which maycause an impact in the areaproposed for redesignation and for which an application to construct is received bythe Division afterthe filing ofthe petition for redesignation withthe Environmental Quality Council until the proposed redesignation has been acted upon; however, approval maybe granted if, in the Administrator'sjudgment, the proposed source would not violate the applicable increments oftheproposed redesignation. Such approval shall be withheld only so long as in the Administrator'sjudgment, the petitioner is expeditiouslyproceeding toward development ofthe "description and analysis" required under (iii)(B) above, and provided that such "description and analysis" is complete and submitted tothe 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 bythe Division priorto the receipt bythe Council ofa petition for redesignation ofan area to a more stringent class and where such source maycause an impact in the areaproposed for redesignation, the permit application shall be processed consideringthe classification ofan area which existed atthe time ofpermit application. Forpurposes 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 bythe Administrator within 18 months ofthe filing ofthe initial permit application. Upon good cause shown, the Administrator mayextendthe foregoing deadline. Section 14. 

### Incorporation by 

### reference. (a) Code ofFederal Regulations (CFR). All Code ofFederal Regulations (CFRs) cited in this chapter, includingtheirAppendices, revised and published as ofJuly 1, 2010, not including any later amendments, are incorporated byreference. Copies ofthe Code of Federal Regulations are available for public inspection and copies canbe obtained atcost 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, 15200NBN Way, Building B, Blue Ridge Summit, PA 17214.

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