1. Genera/Information . a. Agency/Board Name Sea attached lis/lor references 

Departmen t of Environmental Quality 

Certification Page 

Regular and Emergency Rules 

·-· ""; ;i. c -if-:1. ·f• : •.. ";, •-.t· ~;I' 'Yi"~ ·, · '');'',; 

b. Agency/Board Address c. Agency/Board City I 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 307-673-9337 or 675-5624 

g. Contact Email Address I h. Adoption Date: 

tander@wyo.gov July 8, 2010 

i. Program(s) See affacl!ed lis/lor references 

Air Quality 

2. Rule T~e and Information ·"·- .. ~ . .• ··"·'· ,.. .~........... < '"'" ,.,. _., ·~" 1 ....... - .... · .. . :·t·~i~' ,'" -~ ., 

a. These rules are: 0 Emergency Rules (After comQieting all of Sec/ion 2, p10caad to Section 5 below) [!] Regular Rules 

b. Choose all that apply: 0 New Rules• [!] Amended Rules 0 Repealed Rules 

• 'New' rules means /he first set of regular rules to be promulgated by tl!e Agency alter Ilia Legislature adopted a new stalulory provision or significantly amended an ex is ling statute. 

If "New,' provide the Enrolled Act number and year enacted: 

c. Provide the Chapter Number, and Short Title of Each Chapter being Created/Amended/Repealed (if more than 5 chapters aro being createdlamendadlrepealad, please 

use the Addilional Rule Information form and al/ach it to this certification} 

Chapter Number: Short Title: 

2 Ambient Standards 

Chapter Number: Short Tille: 

3 General Emission Standards 

Chapter Number: Short Title: 

5 National Emission Standards 

Chapter Number: Short Title: 

6 Permitting Requirements 

Chapter Number: Short Title: 

11 National Acid Rain Program 

d. [!] The Statement of Reasons is attached to this certification. 

e. tf applicable, describe the emergency which requires promulgation of these rules without providing notice or an opportunity for a public hearing: 

3. State Government Notice ot Intended Rulemaking ... 

a. Date on which the Notice of ln\ent containing all of tho information required by W.S. 16-3-1 03(a) was filed with the Secretary of State: 

May 7, 2010 

b. Date on which the Notice of Intent and proposed rules in strike and tmderscore format were provided to the Legislative Service Office: 

May 11,2010 

c. Date on which the Notice of Intent and proposed rules in s\rike and underscore format were provided to the Attorney General: May 11 , 

STATE OF.\NYOMlNG} 9ffi~y of tne S~cre~~~~ 

Filed th~ .}j:_:::_ da¥-o.t ...:~~,--t---­ .2 .., /'-l at _!_:.. > '-.) A M. 

Max Maxfield 

Secretary of State 

2010 
I 

, 

4. Public Notice oUntended Rulemaking_ l ,. '~ ·, 

'•" olt. ,., 

a. Notice was mailed 45 days in advance to all persons who made a timely request for advance notice. ~ Yes 0 No 0 N/A 

b. A public hearing was held on the proposed rules. L!J Yes UNo 

lf'Yes:' Date: Time: City: Location: 

July 8, 2010 1:00 P.M . Sundance Crook County Courthouse, 

309 Cleveland Street 

5. Final Filing_ otRu/es ·~ . . ;.~~S; -:" a. Date on which the Certification Page with original signatures and final rul es were sent to the Attorney General's Office July 14, 2010 for the Governor's signature: 

b. Date on which final rules were sent to the Legislative Se/VIce Office: j U I Y 14 1 2 0 1 0 

c. Date on which a PDF of the final rules was electronically sent to the Secretary of State: j U I Y 14, 2010 

6. Ag_encvLBoard Certitfcation ·' 

' .';;:i,. 

The undersigned certifies that the foregoing information is correct. 

Signature of Authorized Individual -- !!',..; \~}.... \::> *'Lilr-:-.:_ 

Printed Naie ofSignafO'rt 

~ ' \ 0'-1 (J' ' John V. Carra 

"' ·,_ ... , ' 

- SignatofY..'!'dle 'l Director ·0:, •• 

Date of Signature · ..• • r,. July 14, 2010 

7. Governor's Certi(lcation 

I have reviewed these rules and determined that they: 

1. Are within the scope of the statutory authority delegated to the adopting c:;g~ncy; 

2. Appear to be within the scope of the legislative purpose of the statutor:(authority; and, if emergency rules, 

3. Are necessary and that I concur in the finding that they are an emfJ ~ncy. / . 

Therefore, 

Governor's 

Date of Signature 

Signat

I approve 

ure 

the same. 

~~>1 

#/-~~ 

. / / 

3 

~~ 

Zo/?' ----------- v / 

Distribution List: 

Attorney General LSO sos 

1. Statement of Reasons; 1. Statement of Reasons; 1. PDF of clean copy of rules; and 

2. Original Certification Page; 

3. Summary of Comments (regular rules}; 

4. Hard copy of rules: clean and 

strike/underscore; and 

5. Memo to Governor documenting 

emergency (emergency rules}. 

2. Copy of Certification Page; 

3. Summary of Comments (regular rules}; 

4. Hard copy of rul es : clean and 

strike/underscore; 

5. Electronic copy of rules: clean and 

stri ke/underscore; and 

6. Memo to Governor documenting 

emergency (emergency rules}. 

2. Hard copy of Certification Page as 

delivered by the AG . 

2 
Administrative Rule Review Rep01i #AR10-048 

Legislative Service Offtce 

26-July-1 0 

AGENCY: 

DATE SUBMITTED: 

SUBJECT: 

NATURE OF RULES: 

STATUTORY AUTHORITY: 

Department of Environmental Quality. 

July 15,2010. 

Chapter 2, Ambient Standards; Chapter 3, General Emission 

Standards; Chapter 5, National Emission Standards; Chapter 

6, Permitting Requirements; and Chapter 11, National Acid 

Rain Program. 

Legislative, Procedural 

W.S. 35-11 -112(a)(i) 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON rNFOR.t\1ATION 

SUBMITTED BY THE AGENCY TO LSO: 

Apparently complete to date. 

SUMMARY OF RULES: 

Generally, these rules are being promulgated to update the air quality rules as required by 

changes in federal regulations. 

More specifically, Chapter 2 provides for incorporation by reference to the federal rules, revises 

some standards or references and includes a new appendix for the interpretation of the ammal 

state ambient air quality standard for cetiain patiicles. 

Chapter 3 modifies the term for volatile organic compounds and updates the reference date to 

Julv 1, 2008. 

Chapter 5 includes additional references to federal rules, makes minor corrections and updates 

the reference date to July 1, 2008. 

Chapter 6 modifies and adds some defmitions, incorporates nonattairunent permit requirements 

and provides for the incorporation by reference of provisions of the code of federal regulations. 

Chapter 11 updates the reference date to July 1, 2008. 

As noted in the agency's statement of reasons, generally the changes meet, but do not exceed, 

federal requirements. Once exception noted is the change to ambient standards for patiiculate 

matter. While the federal government dropped the aru1ual PM 10 standard, the agency retained the 

standard "as a useful permitting and compliance tool for sources of fugitive dust." 
Administrative Rule Review Report #ARl 0-048 

Legislative Service Office 

26-July-1 0 

Page 2 

Another change of note is the modification of the definition of "major stationary source" to 

exclude ethanol production facilities from the tenn "chemical process plants" for purposes of the 

section dealing with significant deterioration. 

FINDINGS: 

The rules appear to be within the scope of statutory authority and legislative intent. 

Compliance with federal law has not been determined as it is assumed the Attorney General has 

provided such review. 

STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved 

by the Council as submitted by the Agency. 

MRW/ 

~1M I axine I\ ;v'eaver I!JiJLrJve~ Staff Attorney 

Da~==::3/===------_ 

Assistant Director 
I 

35-11-112. 

quality council. 

Powers and duties of the environmental 

(a) The council shall act as the hearing examiner for 

the department and shall hear and determine all cases or 

issues arising under the laws , rules, regulations , 

standards or orders issued or administered by the 

department or its air quality , land quality , solid and 

hazardous waste management or water quality divisions . 

Notv1i thstanding any other provision of this act , including 

this section , the council shall have no authority to 

promulgate rules or to hear or determine any case or issue 

arising under the laws , rules , regulations, standards or 

orders issued or administered by the industrial siting or 

abandoned mine land divisions of the department . The 

council shall : 

(i) Promulgate rules and regulations necessary 

for the administration of this act , after recommendation 

from the director of the department , the administrators of 

the various divisions and their respective advisory boards ; 
EQC PUBLIC HEARING 

CHAPTERS 2, 3, 5, 6 AND 11 (R-18) 

CROOK COUNTY COURTHOUSE- COMMUNITY 

309 CLEVELAND STREET 

SUNDANCE, \VYOMING 

JULY 8, 2010 

Please Print YOUR NAME NAME AND ADDRESS OF COMPANY OR ORG

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'--
Notice of Proposed Rulemaking Before 

The Environmental Quality Council 

By the Department of Environmental Quality 

Air Quality Division (AQD) 

The Environmental Quality Council (EQC) will hold a public hearing beginning at 1 P.M. on 

July 8, 2010. The hearing will be held at the Crook County Courthouse, Community Room, 309 

Cleveland St., Sundance, Wyoming. 

The Wyoming Department of Environmental Quality, Air Quality Division, is proposing to 

revise Wyoming Air Quality Standards and Regulations (W AQSR) Chapter 2, Ambient 

Standards, Chapter 3, General Emission Standards, Chapter 5, National Emission Standards, 

Chapter 6, Permitting Requirements, and Chapter 11, National Acid Rain Program. The bulk of 

these changes involve updates to sections adopted by reference from the 2008 Code of Federal 

Regulations. Other changes include updating particulate matter and lead ambient standards in 

Chapter 2 and changes to the Prevention of Significant Deterioration section of Chapter 6, to 

bring it up to date with Federal requirements, which include provisions for PM25 and the 

addition of a new section to adopt Federal nonattainment NSR rules by reference. Sections 2 and 

10 of Chapter 2, Sections 6 and 9 of Chapter 3, and Sections 4, 13 and 14 of Chapter 6 involve 

changes to the State Implementation Plan (SIP). 

The notice for submitting written comments on the WDEQ/ AQD proposed revisions was first 

published on May 9, 2010. The comment period will close on June 23,2010. Written comments 

will also become a part of the public record if they are signed by the comrnenter and submitted to 

Administrator, WDEQ/AQD, Herschler Building 2-E, 122 W. 25th Street, Cheyenne, Wyoming, 

82002, or faxed to 307-777-5616, by June 23, 2010. Copies of the public notice and the 

proposed mles 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.vvv.us/aqd/index.asp. If you have questions 

regarding the proposed rules, contact Christine Anderson, Air Quality Division, at 307-673 -

9337. 

The \VDEQ/AQD will file an analysis of the comments received. The EQC has scheduled the 

public hearing on July 8, 20 l 0. The EQC will consider the proposed rules, written comments, 

and the analysis of comments, along with any modifications proposed by the WDEQ/ AQD to the 

draft rules. Comments submitted during the comment period can be viewed at the EQC website: 

http://eqc.state.wv.us/docket.htm under the link titled "10-2101 ". 

Any person wishing to use a digital presentation during their testimony 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 their testimony. 

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

H'ill be made a\'ailable upon request for individuols H'ith disabilities 
Environmental Quality Council Hearing 

July 8, 2010--Public Notice 

Newspaper Date of Publication 

Casper Star Tribune May 9 and 10, 2010 

Gillette News Record May 10,2010 

Sundance Times May 13,2010 

Wyoming Tribune-Eagle May 10,2010 

Rock Springs Rocket-Miner May 11 and 12,2010 
·. ··. i 

084 l'uiJik Notices ··. · 

StafiTribune 

-----vvyoming 's News Source 

P.O. Box 80 • Casper, WY 82602·00!!0 • (307} 266-0500 

AFFIDAVIT OF PUBLICATION 

STATE OF WYOMING ) 

COUNTY OF NATRONA) 

I, the undersigned, being a person in the employ of 

the Casper Star" Tribune, a newspaper published 

In CASPER, NATRONA COUNTY, WYOMING, and 

knowing the facts herein set forth do so solemnly swear 

that a copy of the notice as per clipping attached was 

printed and published 

@ weekly 

in the regular and entire issue of sald newspaper, and 

not in any supplement thereof, 

for 

consecutive .GJ weeks 

commencing with issue dated 

ending with issue dated 

Signed 

~9t~ 

Subscribed In my presence and sworn to before me 

this 

~7/(.J 
THE STATE OF WYOMING 

ENVIRONMENTAL QUALITY COUNCIL 

DRAFT AG EN DA 

(Submitted - Ju ne 24, 2010) 

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. 

Meeting Date and Location: July 8, 2010 - Crook County Court House, 309 Cleveland, Community 

Room, Sundance, WY 

HEARING: 

1. CALL TO ORDER - Introduction of Counc il and Staff 

2. VERY RARE OR UNCOMMON PETITION CONSIDERATION 

A. Consideration by Counc il of Sand Creek Amended Petition- Ju ly 8, 2010 - 9:00A.M. 

3. APPROVAL OF ~UTES 

A. March 11 -12,2010 

B. May 13-14, 2010 

4. CO~SEl'\T AGEL\DA 

A. Notice ofViolation and Orders 

a. Rona ld James Abernathy - Notice of Violation and Order- DEQ Docket No. 4669-

l 0, EQC Docket No . 10-5203 

b. Shawn McCoy- Notice of Violation and Order- DEQ Docket No. 4674-1 0, EQC 

Docket No. 10-5204 

c. Kev in Smith- Notice of Violation and Order- DEQ Docket No. 4679-10, EQC 

Docket No. 10-3216 

d. Town of Superior- Notice of Violation and Order- DEQ Docket No. 4678- 10, EQC 

Docket No. 10-32 15 

e. City of Green River Pub li c Se rvices- Notice of Violation and Order- DEQ Docket 

No. 4672-1 0, EQC Docket No. I 0-3214 

f. Reiman Corporation- Notice of Violation and Order- DEQ Docket No. 469 1-10, 

EQC Docket No. 10-32 17 

g. Sunny Meadows Village- Notice of Violation and Order- DEQ Docket No. 4677-10, 

EQC Docket No . I 0-32 18 

h. Trapper Trai ls Council- National Forest Service- Notice of Violation and OrderDEQ Docket No. 4659-10, EQC Docket No. I 0-3219 
I 

5. DISMISSALS 

A. Croell Redi-Mix, Inc.- 09-4806 -Ratify Order Denying Petition for Reconsideration of 

Council's Decision on Rehearing made By Presiding officer- Ratify Order Denying 

Motion to Correct Record and Motion to Reopen Evidence. 

6. HEARINGS/DECISIONS 

A. Mullinax Concrete Service- EQC Docket No.' s 09-4602 and 10-4601 (Consolidated) 

Approve Joint Stipulation for Withdrawal and Voluntary Dismissal of Appeal Without 

Prejudice 

B. In the Matter of the Appeal ofPRBRC, Bernadette Barlow, Bernadette Barlow Trust, 

William L. Barlow Trust and Eric Barlow from WYPDES Permit No. WY0052299, EQC 

Docket No. 09-3802- Approval of Order Denying Petitioners' Motion for Summary 

Judgment 

C. Pathfinder Mines Corp.- Third Stipulation and Motion to Modify Settlement Agreement 

with Amendment #3 to Settlement Agreement- OLD EQC Docket Nos: 2485-93 and 00-

5402 

D. Sublette County, Marbleton #2 Landfill- Joint Sitpulation to Modify Settlement 

Agreement- EQC Docket No. 09-5601 

E. SALL Enterprises LLC- EQC Docket No. 1 0-3212A- Order Granting Town of Alpine's 

Motion to Intervene 

7. DEQ RULE PACKAGE PRESENTATIONS 

A. DEQ/AQD- Chapters 2,3,5,6, 11 - EQC Docket No. 10-210 l -July 8, 2010- 1:00 P.M. 

B. DEQ/WQD- Chapter 24- EQC Docket No. I 0-3101- July 8, 2010-3:00 P.M. 

8. DISCUSSIOI\ 

A. Executive Secretary's Report- Jim Ruby 

1. Budget Discussion 

2. Classification of Position 

B. Attorney General's Report- Marion Yoder 

C. Appointment of Presiding Officers 

1. Milne Development Corporation- EQC Docket No. 10-5601 

2. Croell Redi-Mix, AQ Permit- EQC Docket No. I 0-2803 

ADJOURN 

In accordance \\'ith the Americans with Disabi lities Act, spec ial assistance or alternate formats will be made 

:wailable upon request for individuals \\'ith disabilities. 
Response to Comments Air Quality Division Rulemaking Before the EQC 7/8/2010 

Commenter: Shay R. Westbrook, Gene R. George and Associates (Yates Petroleum Corp) 

Date: 6/22/2010 

Comment # 1: Yates understands the need to update AQ standards by referencing the Code of 

Federal Regulations and believes that regulation of the oil and gas industry is most effective 

when conducted by the State rather than the federal agencies. 

Response: The AQ Division appreciates the support from Yates on this effort. In order for the 

state to retain primacy in this area, the Division is required to adopt New Source Performance 

Standards and National Emission Standards for Hazardous Air Pollutants into State rule on a 

regular basis. Once that adoption has occurred, the State requests delegation from the EPA to 

continue to enforce the regulations as State standards. 

Comment #2: Yates again understands the need for adoption, but is particularly concerned with 

the new emission testing requirements for stationary internal combustion engines (subpart JJJJ). 

Yates points out the additional expense and time necessary to comply with these standards. 

Response: The AQ Division is avvare that subpart JJJJ presents additional burdens for the 

regulated industry; however, if the Division does not adopt these standards into State rule, the 

EPA will still require compliance \Vith the rule and the EPA \Yill regulate the industry directly. 

Unfortunately, the best time to have commented on the pc..rticulars of subpart JJJJ was during the 

federal rulemaking process for this subpart. 
I3EFORE TJ-IE 

ENVIRONMENTAL QUALITY COUNCIL 

STATE OF WYOM lNG 

IN THE MATTER OF REVISIONS TO SECTIONS ) 

ONE, TWO, TEN, AND THE ADDITION OF SECTION ) 

TWELVE AND APPENDIX ONE TO CHAPTER TWO; ) 

REVISIONS TO SECTIONS SIX AND NINE TO ) 

CHAPTER THREE; REVISIONSTO SECTIONS TWO, ) 

THREE AND POUR TO CHAPTER fiVE; REVISIONS ) 

TO SECTIONS ONE AND POUR, AND THE ) 

ADDITION or SECTIONS TEN, ELEVEN, ) 

TWELVE, THIRTEEN AND fOURTEEN TO ) 

CHAPTER SIX; AND REVISIONS TO SECTION ) 

TWO TO C HAPTER ELEVEN OF THE WYOMING ) 

A IR QUALITY STANDARDS AND REGULATIONS ) 

STATEMENT Or 

PRINCIPAL REASONS 

FOR ADOPTION 

I. The Environmental Quality Council, pursuant to the authority vested in it by the 

Wyom ing Statutes 35- I I -1 I 2 (a) (i), has revised or added the following chapters and 

sections to the Wyoming Air Quality Standards and Regu lations. The following sections 

have been revised: Chapter 2, Ambient Standards, Section I, Introduction to ambient 

standards, Section 2, Ambient standards for particulate matter, and Section I 0, Ambient 

standards for lead ; Chapter 3, General Emission Standards, Section 6, Emission standards 

for volatile organic compounds, and Sec ti on 9, Incorporation by reference; Chapter 5, 

Natio nal Emission Standards, Section 2, New so urce performance standards, Section 3, 

National emission standards for hazardous a ir pollutants, and Section 4, Incorporation by 

reference; Chapter 6, Permitting Requirements, Section I, Introduction to permitting 

requirements and Section 4, Preventi on of significant deterioration; and Chapter I I, 

Nationa l Ac id Rain Program, Section 2, Acid ra in program. The following sections have 

been added: Chapter 2, Amb ient Standards, Secti on I 2, Incorporation by refereJice, and 

Append ix I, Interpre ta ti on of the Annua l State Ambient Air Quality Standards for PM 10; 

and Chapter 6, Permi tting Requirements, Section I 0, Reserved, Section 11 , Reserved, 

Section I 2, Reserved, Section I 3, Nonattainment permit requirements, and Section I 4, 

Incorporati on by reference. 

2. Section 35- I 1-202 (a) o f the Environmental Quality Act states that the Adm inistrator, 

after consu ltation w ith the Adviso ry Goard, shall recommend to the Director such 

amb ient air standard s and regul ati ons that may be necessa ry to prevent, abate, or control 

pollution. 

Section 35- I I -202 (b) of the Act sta tes that in recommending s uch standards the 

Administrator sha ll consider all facts and circumstances bearing upon the reasonableness 

of the emissions invo lved including : 

(A) The charac ter and degree o f injury to, or interference with the health and physical 

we ll being of the people, animals, wildlife and plant life; 

(13) The soc ial and economic value or the source of pollution; 

(C) The priority of loca ti on in the a rea involved; 

(D) The technical practicability and economi c reaso nableness of red ucin g or 

e liminating the pollution; and 

(E) The soc ial welfare and aesthe ti c va lu e. 

3. Chapter 2, A mbient Standards, Section I, Introd uction to ambient standards, was revised 

to describe a new Section I 2, In corporation by reference. Section 2, Amb ient standards 

for particulate matter, was revised to make the St<ttc PM2_5 ambient standards consistent 

with current federal PM2.s sta ndards, but no more stringent than rcclcral standards. 

Secti on 2, Ambient stand ards for particulate matter, was <tlso revised to retain the <Inmwl 
J 

,. 

PM 10 standard as a State only !:llld~1rd for PM 10, along wi th a newly created Appendix I, 

Inte rpre tatio n of the An nu a l StMc Ambient Air Qual ity S tanda rd s for PM 10, to aid in 

determining attainment of the Stille ~umu~d PfVI 1o standard. The f.cdcral government 

dro pped th e an nu a l PMICJ st<lncbrd on October !7, 2006. The annual PM1 o standard is 

being re tain ed as a use ful permitting ~111d compli~lllCC too l for sources of fugitive dust. 

Section I 0, Ambient st<111dards for lead, w~ts revised to make the Stale lead ambient 

standards consistent w ith cu rrent Fcdcrill lead standards, bu t no mo re strin gent than 

f.cdcral standa rd s. A new Secti on 12, ln corpomtion by reference, was added to Chilptcr 2 

to co nso lidate all adoptio n by relcrcncc fi.1 r the ch~lplcr in o ne place. Changes to Chapter 

2, Ambient Standilrd s, Sectio n 2, Ambient t~llldard s fo r particulate matter, and Section 

10, Ambient standards fo r c~tcl , in vo lve ck11 1gcs to the Stale Implementation Plan (SIP). 

4. Chapter 3, Ge ne ra l Em ission Stand ard s, Sectio n G, Emission standards for volatile 

organ ic compo unds, was modified to include 'I 0 CFR § 5!.! OO(s) and 51.! OO(s)(5) in the 

defi ni tio n of"volatil c o rga ni c compounds". Sec ti on 9, In co rporilti on by reference, was 

revised as part o f the annual cr!ort to adopt chan ges to the Federal definition, bringing the 

versio n up to elate as o f .July I, 2008. Clwptcr 3, General Emission Standards, Section G, 

Emission standards for volatile organ ic compounds, and Sectio n 9, Inco rporati on by 

reference, invo lve cha nges to th e S IP. 

5. Chapter 5, Natio na l Emission Standards, Section 2, New so urce perfo rmance standards 

Section 3, Nationa l em issio n stand ards for hazardous air pollutants, and Section 4, 

Inco rporation by reference, and Chapte r I I, Natio na l Ac id Rain Program, Section 2, Acid 

rain program, have been updated as an <l nnua l cf"fort to adopt by reference from the Code 

of federal Reg ulations (CFR) fo r .Jul y I, 2008. Some mino r corrections were also made 

to Chapte r 5, Nationa l Emission Standards, Section 2, New source performance 

sta ndards, to rc n cct the change from th e usc o r the phrase, "t he effective elate" to ''the 

date of pro posa l of that Stilnd ard ". 

G. Chapter 6, Permitting Requirements, Section I, In troductio n to permitting requirements, 

was revised to describe all sections in the ch:tptcr. The de finiti on o f "maj o r stationary 

so urce" under Sectio n 4, Preventi on o f sig nili c:lll l deterioration, was revised to exc lude 

e th anol production faci I i ti cs f!·om the term "chcm i ca l process pbn ts" and rc fi nc the 

ca tego ry of primary aluminum o re reduct io n pl:lnts. The phrase "or NOx" was added to 

the definitions o r " nwj o r s U.1ti onary so urce" 111d "Major modification" to make them 

consistent w ith 40 CFR § 5 1.1 66. The definiti on or·'rcgu latcd NSR po llutant" was also 

revised to identify prec urso rs fo r reg ulated po llutants. Sec ti o n 4, Prevention of 

significant deterioration, wa s also revised to include a provisio n to account fo r the 

condensa ble frac ti o n in particulate mallcr emissions. The definition oC"significant" was 

revised to specify emissio n rates fo r PM2.5 nnd clarify the rate units for municipal solid 

waste landfill em issions. Mino r rc lcrcnce co rrectio ns were also made in this section. 

Sections 10, 1 I, and 12 we re "Reserved" fo r future rulcmaking endeavo rs. Section !3, 

No nattainment permit requirements, was added to Chapter 6 to incorporate by referen ce 

the Federal nona ttainmcnt reg ulati o ns und e r tiO CFR § 5 1.165. This section will allow 

the State, rather than the EPA, to permit major so urces in no nattainmcnt areas. Section 

14, In corporation by reference, was added to Chapter G to consolidate all adoption by 

reference for the chap te r in one pla ce. All cha nges to Chapter G make State rules 

consistent with Federal rul es, but no mo re stringent than f.ederal rules. Changes to 

Chapter G, Permitting Requirements, Sec ti on 4, Preventio n of significant deterio rati on, 

Secti o n 13, Nonatta inmcnt pe rmit requ irements, and Sec ti o n 14, Inco rpo ration by 

reference, in vo lve cha nges to the S IP. 

The Council find s tha t these regu lati ons arc reaso nable and necessa ry to accomplish the po licy 

and purpos e of the J\CT, as sta led in W.S. 35 -1 1-1 02, and that they have been promulgated in 

accordance w ith rul emakin g prov isio ns of th e Wyoming Ad ministrative Procedures /\ct. 

Dated this __ .:.....:_ i//h __ clay of 

Hearing Examiner - Printed Name 

Wyoming Env ironmenta l Quality Co un c il 

J'u !y-, 20 1 o. 

2 

l·leilrin g Examiner- Signed Name 

Wyoming Environmental Quality Council 
J 

Department of Environmental Quality 

To protect, conserve and enhance the quality of Wyoming's 

environment for the benefit of current and future generations. 

Dave Freudenthal, Governor John Corra, Director 

To: 

From: 

Subject: 

Date: 

Priority: 

Summary: 

Honorable Dave Freudenthal, Governor 

John V. Corra, Director ';r;/;Jm~ Department of Environmental Q{)lt'y(/V ~ 

Proposed Rules for Chapters 2, 3, 5, 6 and 11 (R-18) 

Department of Environmental Quality, Air Quality Division 

December 9, 2009 

IDGH- Deadline for response is December 23,2009 

;. 4-5395 

% /0;)3 

()3. o o /-OO 

ii~W. 

The Air Quality Division is proposing revisions to the Wyoming Air Quality Standards 

and Regulations listed above. The bulk of these changes involve updates to sections to be 

adopted by reference from the 2008 Code ofFederal Regulations (CFR). Other changes 

to chapters involve bringing them up to date with Federal requirements, including the 

particulate matter and lead ambient standards in Chapter 2, provisions for PM2_5 in the 

Prevention of Significant Deterioration section in Chapter 6, and the addition of a new 

section to adopt Federal nonattainment NSR rules by reference in Chapter 6. Specific 

information on the changes can be found in the Statement of Reasons. Modifications to 

Chapter 2, Sections 2 and 10, Chapter 3, Section 6, and Chapter 6, Sections 4, 10, and 11, 

involve changes to the State Implementation Plan (SIP). The Wyoming Air Quality 

Advisory Board approved these changes to the rules at a public meeting held in Casper, ·· 

Wyoming on October 26 and 27, 2009. 

Age11cy Contact Name: Christine Anderson 

Agency Contact Phone: 307-673-9337 

Agency Contact Email: tander(a),wyo. gov 

--------------------------------.. ------ -----·-----

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

K Agency may proceed. RECE\VED 

_ ____ Delay public comment and set up meeting with DEC 1 5 2009 

g;--(f--H----------A.-GQVERNOR'S OfF\CE 

!/U . ~ /L (/!- (p1 SignatUre:oveJ.nor 's Counset f 

If no response has been received by the 10111 working day, the Department of Environmental Quality will 

proceedwiththeserules. ~ ~ ;.>jrr;/a1 ~-~ 

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

ADMIN/OUTREACH ABANDONED MINES AIR QUALITY INDUSTRIAL SITING LAND QUALITY SOLID & HAZ. WASTE WATER QUALITY -- (307) 777-7758 (307) 777-6145 (307) 777-7391 (307) 777-7369 (307) 777-7756 (307) 777-7752 (307) 777-7781 .. ·. . . ·- FAX 777-3610 FAX 777-6462 FAX 777-5616 . FAX 777-6937 FAX 777-5864 FAX 777-5973 FAX 777-5973 .. - ·: · .·. 
Office of the Attorney General 

Governor 

Dave Freudenthal 

Attorney General 

Patrick]. Crank 

Water and Natural Resources Division 

123 State Capitol 

Cheyenne, Wyo1Tling 82002 

(307) 777-6946 Telephone 

(307) 777-3542 Fax 

PRIVILEGED AND CONFIDENTIAL 

Dave Finley, Administrator 

Air Quality Division 

Dept. of Environmental Quality 

122 West 25th Street 

Cheyenne, WY 82002 

March 28, 2006 

Chief Deputy Attorney General 

Elizabeth C. Gagen 

Deputy Attorney General 

Jay A. Jerde 

RE: Legal Authority to Adopt and Implement Amendments to Wyoming Air 

Quality Standards and Regulations, Chapters 1, 2, 3 and 6 (March 30, 2000) 

Dear Dave, 

On March 13, 2006, Tina Anderson submitted a request on your behalf for a letter of 

advice as to whether the above rules were lawfully adopted. Wyoming Air Quality Standards 

and Regulations (WAQSR) Chapters 1, 2, 3 and 6 which had been amended and adopted by 

the Environmental Quality Council (EQC) on February 18,2000, were filed as final rules by 

the Secretary of State on March 30, 2000, thereby going into effect and becoming law. 

Portions of Chapter 1 of theW AQSR entitled "Common Provisions" were originally 

adopted in 1970. On October 29, 1999, the WAQSR was restructured into its current 

chapter-based format. On February 18, 2000, the EQC amended the definitions in Chapter 

1, Section 3, adding definitions for "fugitive dust" and "PM2_5." On March 30, 2000, the 

Secretary of State filed these amendments as final. 

Portions of Chapter 2 of the WAQSR entitled "Ambient Standards," were originally 

adopted in 1970. On October 29, 1999, the WAQSR was restructured into its current 

chapter-based format. On February 18,2000, the EQC amended Chapter 2, Section 2, adding 

ambient standards for PM25 (particulate matter 2.5 microns or less in diameter) and removing 
II Dave Finley 

Re: WAQSR chs 1, 2, 3 & 6 (3/30/00) 

March 28, 2006 

Pg 2 of2 

the TSP (total suspended particulate standard). On March 30, 2000, the Secretary of State 

filed these amendments as final. 

Portions of Chapte~ 3 of the WAQSR entitled "General Emission Standards," were 

originally adopted in 1970. On October 29, 1999, the WAQSR was restructured into its 

current chapter-based format. On February 18,2000, the EQC amended Chapter 3, Section 

2, clarifying the opacity standard applicability, expanding the list of fugitive dust control 

measures, and clarifying when process weight tables apply. On March 30, 2000, the 

Secretary of State filed these amendments as final. 

Portions of Chapter 6 of the W AQSR entitled "Permitting Requirements," were 

originally adopted in 1974. On October 29, 1999, the WAQSR was restructured into its 

current chapter-based format. On February 18, 2000, the EQC amended Chapter 6, Section 

2, removing the TSP significance level. On March 30, 2000, the Secretary of State filed this 

amendment as final. 

Each of the above chapters was adopted in compliance with the Wyoming 

Administrative Procedure Act requirements for rule-making including WYO. STAT. ANN. § 

16-3-103 (Lexis N exis 1999). The amended rules were within the scope, legislative purposes 

and statutory authorities of the EQC and DEQ/AQD as provided in WYO. STATS. ANN.§§ 

35-11-102, 35-11-110, 35-11-112, and 35-11-202 through 35-11-213. The amended rules 

were also supported by a 11 Statement of Principal Purpose" as required by Tri-State 

Generation and Transmission Association, Inc. v. Environmental Quality Council, 590 P.2d 

1324 (Wyo. 1979). The amended rules became effective when they became law following 

the Governor's signature and filing with the Secretary of State's Office on March 30, 2000. 

Please call me if you have any questions. 

Nancy 

Sr. Asst. Attorney General 
CERTIFICATION PAGE FOR RULES 

Adoption dat e: February 18. 2000 

To guarantee review by the Secretary of State within the 60 day deadline, this package 

must be submitted to the Secretary of State by: April 18. 2000 

GENERAL INFORMATION: 

1. Agency: 

Address: 

Department ofEnvironmental Quality 

Herschler Bldg., 4th floor 

Agency Contact Person for these Rules: Dan Olson, Administrator, Air Quality Division 

Work Telephone: (307) 777- 7391 

2. Are these new rules? ("new" - means the first set of regular rules to be promulgated by 

this agency after the Legislature adopted a new statutory provision or significantly amended an 

existing statute. Yes No _x_ 

3. Chapter# and name of rules being created, amended or repealed: 

The following chapters of the Wyoming Air Quality Standards and Regulations have been 

amended: 

Chapter 1, Common Provisions 

Chapter 2, Ambient Standards 

Chapter 3, General Emission Standards 

Chapter 6, Permitting Requirements 

4. Does this rule replace an existing nrle? Yes X No_ Ifyes, which chapter(s)? 

Chapter 1, Common Provisions 

Chapter 2, Ambient Standards 

Chapter 3, General Emission Standards 

Chapter 6, Pem1itting Requirements 

NOTICE OF INTENDED RULEMAKING TO AG, LSO AND SECRETARY OF STATE 

5. Notice of intended rulemaking containing all of the information required by W.S. 16-3-

1 03(a) was filed with the Secretary of State on: ·· December 14 1999 *' l\. ooJ · , IT' 

6. Notice of intended rulemaking and proposed rules in strike and underscore format were 

provided to the Legislative Service Office and courtesy copies of the notice and proposed rules 

were provided to the Attorney General and the Governor on: December 14 1999 

. PUBLIC NOTICE OF INTENDED RULEMAKING: 

7. Yes X No_ (If applicable) Notice was mailed 45 days in advance to all persons who 

made a timely request for advance notice. 

8. Yes X No_ A public hearing was held on the proposed rules on: Febnrarv 17-18 2000 

FINAL FILING OF RULES: 

9. Yes~_ A disk with an exact copy of the attached nrles is attached. 

10. Final rules with original signatures were sent. to the Attorney General's office for the 

Governor's signature on February 28, 2000 . 

11. Final rules were sent to the Legislative Service Office on February 28, 2000. 
I 

, 

CERTIFICATION BY AGENCY: 

The undersigned certifies that the foregoing information i 

Date 2 - 2 2 - 0{) 

Title: Director, 

Department ofEnvironmental Quality 

GOVERNOR'S CERTIFICATION 

I have reviewed these rules and determined that they: 

(1) are within the scope of the statutory authority delegated to the adopting agency; and 

(2) appear to be within the scope of the legislative purpose ofthe statutory authority. 

Therefore, I approve the same . 

. 'J-::30 -2tz(Z}o 

Date Approved 

... 

,~ 

STATE OF WYOMING} 

Offic.e pf the Seer t ry 

Fifed the 3~~ day of~~~~"'-- ~at ~~ M. 

Joseph B. Meyer 

Secretary of State 
Wyoming State Legislature 

213 State Capitol/Cheyenne, Wyoming 82002/Telephone (307) 777-7881 

Wednesday , March 01 , 2000 

Mr . Dennis Hemmer 

Department of Environmental Quality- Air Quality 

Herschler Building 

Cheyenne , Wyoming 82002 

L·.: .;r Mr. Hemmer : 

Legislative Service Office 

FAX (307) 777-5466 

Richard H. Mill er 

Director 

=nclosed please find Administrative Rule Review Report No . 

AR00-008 pursuant to the rules submitted by the department to 

this office on 12/29/1999 . 

If you have any auestions or comments reqardinq the report , 

please advise . The report will be presented to and considered by 

the Management Council at its next meeting. 

GFL / cb 

Enc . 

Yours very truly, 

Administrative Rule Review Report #AR00-008 

Legislative Service Office 

01-Mar-00 

AGENCY: 

DATE SUBMITTED: 

SUBJECT: 

NATURE OF RULES: 

STATUTORY AUTHORITY: 

Department of Environmental Quality-Air Quality Divi-sion. 

February 25, 2000 . . 

Chapter I, Common Provisions: Chapter 2. Ambient Standards: 

Chapter 3. General Emission Standards: Chapter 6. Permit 

Requirements: Air Quality Division. 

Legislative and procedural. 

W.S. 35-ll-112(a)(i). 

DETERMINA T!ON OF PROCEDURAL COMPLIANCE BASED UPON rNFORMA TlON 

SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date . 

SUMMARY OF RULES: 

These rules revise: 

• Definitions; 

• Ambient standards for particulate matter; 

• Emission standards for particulate matter; and 

• Permit requirements for construction, modification and ope ration. 

See Agency's "Statement of Reasons" for adoption. 

FINDINGS: 

The rules appear to be within the scope of statutory authority and legislative intent. Compliance with 

federal law has not been determined as it is assumed the Attorney General has provided such review. 

STAFF RECOMMENDATION: 

That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency . 

GFL/cb 

. ; /' 1 ' • Jt,/VGlenn Lang 

Staff Attornev 

Assistant 

Da~~~ Director 
35-11-112. Powers and duties of the environmental 

qualit y council. 

(a) The council shall act as the hearing examiner for 

the department and shall hear and determine all cases or 

issues arising under the laws, rules, regulatioGs, 

standards or orders issued or adminis:ered by the 

department or its air qua~ity , land quality, solid and 

hazardous waste management or water quality divisions. 

Notwithstanding any other provision of this act, including 

this section , the council shall have no authority to 

promulgate rules or to hear 6r determine any case or issue 

arising under the laws , rules, regulations, standards or 

orders issued or administered by the industrial siting or 

abandoned mine land divisions of the depirtment. The 

council shall : 

(i) Promulgate rules and regulations necessary for 

the adminis~ration of this act, after recommendation fro~ 

t~e director of the department , the administrators cf the 

various divisions and their respective advisory boards ; 
" 

JIM GERINGER 

GOVERNOR ~LOGGED 

ADMINISTRATION 

(307) 777-7758 

FAX 777-7682 

Department of Environmental Quality _ 

Herschler Building 

ABANDONED MINES 

(307) 777-6145 

FAX 777-6462 

122 West 25th Street 

AIR QUALITY 

(307) 777-7391 

FAX 777-5616 

INDUSTRIAL SITING 

(307) 777-7~68 

FAX 777-6937 

• Cheyenne, Wyoming 82002 

LAND QUALITY 

(307) 777-7756 

FAX 777-5864 

SOLID & HAZARDOUS WASTE 

(307) 777-7752 

FAX 777-5973 

WATER QUALITY 

(307) 777-7781 

FAX 777-5973 

February 28, 2000 lOOIStAnvB S&tVICB OFFICE 

FEB 2 5 2aaa 

Mr. Glenn Lang 

Staff Attorney 

Legislative Service Office 

Capital Building 

Cheyenne, Wyoming 82002 

Re: Final Adoption of Rules and Regulations 

Dear Mr. Lang: 

On· December 14, 1999, I provided your office with the Department of Environmental Qualit-y's 

Notice of Intent to Adopt Rules and Regulations and Notice ofPublic Hearing for proposed 

revisions to Chapters I ,2,3 and 6 of the Wyoming Air Quality Standards and Regulations. 

Revisions to Chapters 1 ,2,3 and 6 involve changes in particulate matter regulations. 

Final action by the Environmental Quality Council was taken on February 18, 2000 at a public 

hearing conducted in room 1699 of the Herschler Building, 122 W. 251

h Street, Cheyenne, 

Wyoming. Enclosed are copies of the rules, as adopted, a copy of the Statement of_ Principal 

Reasons for Adoption signed by the Chairman of the Council, a copy of the Certification Page, 

and agency responses to comments. 

If you require additional information, please contact Dan Olson, Administrator, Air Quality 

Division, xt. 3746. 

CERTIFICATION PAGE FOR RULES 

Adoption date: February 18. 2000 

To guarantee review by the Secretary of State within the 60 day deadline, this package 

must be submitted to the Secretary of State by: April 18, 2000 

GENERAL INFORMATION: 

I. Agency: 

Address: 

Department of Environmental Quality 

Herschler Bldg., 4th Floor 

Agency Contact Person for these Rules: Dan Olson, Administrator, Air Quality Division 

Work Telephone: (307) 777- 7391 

., 

2. Are these new rules? ("new" - means the first set of regular rules to be promulgated by 

this agency after the Legislature adopted a new statutory provision or significantly amended an 

ex.isting statute. Yes __ No ___x_ 

3. Chapter # and name of rules being created, amended or repealed: 

The following chapters of the Wvoming Air Quality Standards and Regulations have been 

amended: 

Chapter 1, Common Provisions 

Chapter 2, Ambient Standards 

Chapter 3, General Emission Standards 

Chapter 6, Permitting Requirements 

4. Does this rule replace an existing rule? Yes ___x_ No_ If yes, which chapter(s)? 

Chapter 1, Common Provisions 

Chapter 2, Ambient Standards 

Chapter 3, General Emission Standards 

Chapter 6, Permitting Requirements 

NOTICE OF INTENDED RULEMAKING TO AG, LSO AND SECRETARY OF STATE 

5. Notice of intended rulemak.ing containing all of the information required by W.S. l6-3-

103(a) was filed with the Secretary of State on: --==D'-"e~c=-'em"-"'-be"'r_l,__4'-'--'-1-'-9~99"---------

6. Notice of intended rulemak.ing and proposed rules in strike and underscore format were 

provided to the Legislative Service Office and courtesy copies of the noti.ce and proposed rules 

were provided to the Attorney General and the Governor on: December 14 1999 

PUBLIC NOTICE OF INTENDED RULEMAKING: 

7. Yes_x_ No_ (If applicable) Notice was mailed 45 days in advance to all persons who 

made a timely request for advance notice. 

8. Yes_K_No_ A public hearing was held on the proposed rules on : February 17-18. 2000 

FINAL FILING OF RULES: 

9. Yes_x_ No_ A disk with an exact copy of the attached rules is attached . 

I 0. Final rules with original signatures were sent to the Attorney General's office for the 

Governor's signature on Februarv 28 2000 . 

11 . Final rules were sent to the Legislative Service Office on Februarv 28 2000. 
CERTIFICATION BY AGENCY: 

The undersigned certifies that the foregoing information i 

Date 2- 2 2 - C() 

Title: Director. 

Department of Environmental Qualitv 

GOVERNOR'S CERTIFICATION 

I have reviewed these rules and detennined that they: 

( 1) are within the scope of the statutory authority delegated to the adopting agency; and 

(2) appear to be within the scope of the legislative purpose of the statutory authority. 

Therefore, I approve the same. 

Date Approved Governor 
BEFORE THE 

EN"I!I RONMENTAL QUALITY COUNCIL 

STATE OF WYOMING 

IN THE MATTER OF REVISIONS TO 

CHAPTER ONE, SECTION 3; CHAPTER 

TWO, SECTION 2; CHAPTER THREE, 

SECTION TWO AND CHAPTER SIX, SECTION 

TWO OF THE WYOMING AIR QUALITY 

STANDARDS AND REGULATIONS 

STATEMENT OF 

PRINCIPAL REASONS 

FOR ADOPTION 

1. The Environmental Quality Council, pursuant to the authority 

vested in it by the Wyoming Statutes 35-ll-112(a ) (i) ,has 

adopted revisions to Chapter One, Common Provisions, Section 

3, Definitions; Chapter Two, Ambient Standards, Section 2, 

Ambient standards for oarticulate matter; Chapter 3, General 

Emission Standards, Section 2 , Emission standards for 

oarticulate matter and Chapter 6, Permit Requirements, Section 

2, Permit reauirements for construction, modification and 

operation of the Wyoming Air Quality Standards and 

Regulations. Revisions to Chapters One, Two, Three and Six 

involve changes to particulate matter regulations. These 

changes correct deficiencies in existing regulations or bring 

state regulations up to date with federal regulations in a 

manner that best meets the needs of the State of Wyoming. 

2. Section 35-ll-202 (a) of the 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-ll-202(b) of the Act states that in recommending 

such standards the Administrator shall consider all facts and 

circumstances bearing upon the reasonableness of the emissions 

involved including: 

(A) The character and degree of injury to, or interference 

with the health and physical well being of the people, 

animals, wildlife and plant life; 

(B) The social and economic value of the source of pollutton; 

(C) The prior:ty of location in the area involved; 

(D) The technical practicability and economic reasonableness 

of reducing or eliminating the pollution; and 

(E) The social welfare and aesthetic value. 

3 . Chapter 1, Common Provisions, Section 3, Definitions is being 

revised to add definitions for "fugitive dust" and "PM,, 

(particulate matter with a diameter 2.5 microns and smaller ~·: 

These terms are used throughout federal regulations and the 

wyoming Air Quality Standards and Regulations. The regulated 

community will benefit from standardized definitions as the 

intended meanings o f the terms will be clarified. 

4. Chapter 2, Ambient Standards, Section 2, Ambient standards for 

carticulate r:~atter is revLsed in part to include the ambient 

standards for PM, _5 • Section llO(a) (l )and (2) of the Clean A:...r 

Act requires that states submit revisions to their regulations 

within 3 years of federal promulgation of a new ambient 

standard. Since the PM, .: standard was promulgated in 40 CFR 

part 50 in July of 1997, the State must adopt the P~l: ; 

standard into state rule in order to meet the Clean Air Act 

deadline. Adoption of the PM,_, standard into State rule is 

done so with the orovision that the State cannot enforce the 

standard until EPA has comoleted its National Ambient ll.ir 

Qual ity Standard review and has determined to retain and 

enforce the standard as promulgated on July l, 1997. 

5. Chanter 2, Ar:iliient Standards, Section 2, Ambient standards f o r 

oarticulate matter is revised in part to remove the :sp (tocal 

suspended particulate) standard. The TSP standard is no longer 
a feder a l cmDlent Particulate standard . Removal of the TSP 

sta ndard will bring-Wyoming particulate standa r d s i n line wi t h 

federal particulate standards and will make Wyoming 

particulate s~andards no more stringent than fe deral 

standards. 

6 . Chapter 3, General Emission Standards, Section 2, Emissi c,._ 

standards for particulate matter are revised to correct 

deficiencies in the existing State rules. Section 2 (e ) ha s 

been modified to explain that more stringent limits 

established elsewhere in the regulations may apply . Revisions 

to Section 2 (f ) expand the list of control measufes considered 

appropriate for minimizing fugitive dust. Section 2 (g) (i ) is 

revised to constrain the process weight rate allowables t o 

maximum levels . These revisions provide a more practical 

rendition of the existing regulations. 

7. Chapter 6, Permit Requirements, Section 2, Permit reauirements 

for construction, modification and operat i on has been revised 

to remove the significance level for TSP (total suspended 

particulate ) . This change is done in conjunction with the 

removal of the TSP standard from Chapter 2, Section 2 . The TSP 

significance level is no longer meaningful without a 

referenced ambient standard. This change mirrors requiremen ts 

in current federal regul a tion 40 CFR part 51.1 66 and is no 

more stringent. 

The Council finds that these regulations are r ea sonable and 

ne cessary to accomplish the policy and purpose of the Ac t , as 

stated in ~I.S. 35·11-1 02 , and t hat they have been promulgated in 

a ccordance wi th r u lemaking prov i sions o f the Wyomi ng Admini strative 

Procedur e s Act . 

I Q -l3 Da ted t his n day of February, 2000 . 

. / I 

om ~ng E~ on ental Quali t y Co ~cil 

lJ ICI< :s. B~AS 

2 
I 

BEFORE THE 

ENVIRONMENTAL QUALITY COUNCIL 

STATE OF WYOMING 

IN THE MATTER OF REVISIONS TO 

CHAPTER ONE, SECTION 3; CHAPTER 

TWO, SECTION 2; CHAPTER THREE, 

SECTION TWO AND CHAPTER SIX, SECTION 

TWO OF THE WYOMING AIR QUALITY 

STANDARDS AND REGULATIONS 

STATEMENT OF 

PRINCIPAL REASONS 

FOR ADOPTION 

1. The Environmental Quality Council, pursuant to the authority 

vested in it by the Wyoming Statutes 35-11-112 (a) (i), has 

adopted revisions to Chapter One, Common Provisions, Section 

3, Definitions; Chapter Two, Ambient Standards, Section 2, 

Ambient standards for particulate matter; Chapter 3, General 

Emission Standards, Section 2,Emission standards for 

particulate matter and Chapter 6, Permit Requirements, Section 

2, Permit requirements for construction, modification and 

operation of the Wyoming Air Quality Standards and 

Regulat ions. Revisions to Chapters One, Two, Three and Six 

involve changes to particulate matter regulations. These 

changes correct deficiencies in existing regulations or bring 

state regulations up to date with federal regulations in a 

manner that best meets the needs of the State of Wyoming. 

2. Section 35-11-202(a) of the 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) of the Act states that in recommending 

such standards the Administrator shall consider all facts and 

circumstances bearing upon the reasonableness of the emissions 

involved including: 

(A) The character and degree of injury to, or interference 

with the health and physical well being of the people, 

animals, wildlife and plant life; 

(B) The social and economic value of the source of pollution; 

(C) The priority of location in the area involved; 

(D) The technical practicability and economic reasonableness 

of reducing or eliminating the pollution; and 

(E) The social welfare and aesthetic value. 

3 . Chapter 1, Common Provisions, Section 3, Definitions is being 

revised to add definitions for "fugitive dust" and "PM2 _5 

(particulate matter with a diameter 2. 5 microns and smaller) 11 • 

These terms are used throughout federal regulations and the 

Wyoming Air Quality Standards and Regulations. The regulated 

community will benefit from standardized definitions as the 

intended meanings of the terms will be clarified. 

4. Chapter 2, Ambient Standards, Section 2, Ambient standards for 

particulate matter is revised in part to include . the ambient 

standards for PM2 _5 • Section 110(a) (l)and (2) of the Clean Air 

Act requires that states submit revisions to their regulations 

within 3 years of federal promulgation of a new ambient 

standard. Since the PM2 _5 standard was promulgated in 40 CFR 

part 50 in July of 1997, the State must adopt the PM2 _5 

standard into state rule in order to meet the Clean Air Act 

deadline . Adoption of the PM2.5 standard into State rule is 

done so with the provision that the State cannot enforce the 

standard until EPA has completed its National Ambient Air 

Quality Standard review and has determined to retain and 

enforce the standard as promulgated _on July 1, 1997. 

5. Chapter 7., Ambient Standards, Section 2, Ambient standards for 

particulate matter is revised in part to remove the TSP (total 

suspended particulate) standard. The TSP standard is no longer 
; 

, 

a federal ambient particulate standard . Removal of the TSP 

standard will bring Wyoming particulate standards in line with 

federal particulate standards and will make Wyoming 

particulate standards no more stringent than federal 

standards . 

6 . Chapter 3, General Emission Standards, Section 2, Emission 

standards for particulate matter are revised to correct 

deficiencies in the existing State rules. Section 2(e) has 

been modified to explain that more stringent limits 

established elsewhere in the regulations may apply. Revisions 

to Section 2(f) expand the list of control measures considered 

app ropriate for minimizing fugitive dust . Section 2 (g) (i) is 

revised to constrain the process weight rate allowables to 

maximum levels. These revisions provide a more practical 

rendition of the existing regulations . 

7 . Chapter 6, Permit Requirements, Section 2, Permit requirements 

for construction, modification and operation has been revised 

to remove the significance level for TSP (total suspended 

particulate) . This change is done in conjunction with the 

removal of the TSP standard from Chapter 2, Section 2 . The TSP 

s ignificance level is no longer meaningful without a 

referenced ambient standard . This change mirrors requirements 

in current federal regulation 40 CFR part 51.166 and is no 

more stringent . 

The Council finds that these regulations are reasonable and 

necessary to accomp lish the policy and purpose of the Act, as 

stated in W.S . 35-11-102, and that they have been promulgated in 

accordance with rulemaking provisions of the Wyoming Administrative 

Procedures Act . 

I Q -J2r Dated this 1 .a. day of February, 2000 . 

Wyoming 

-~~ Environmental Quality Council 

ll I C.(<. 3. B~AS 

2 
,. . 

NOTICE OF INTENT TO ADOPT RULES AND REGULATIONS & 

NOTICE OF PUBLIC HEARING 

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY 

122 West 25th St., Herschler Building 

Cheyenne, WY 82002 

Agency Contact: Christine Jenkins 307-672-6457 

In accordance with the Wyoming Administrative Procedures Act and the Wyoming Environmental 

Quality Act, a public hearing will be held by the Wyoming Environmental Quality Council 

beginning at 1:00PM, Thursday, February 17, 2000. The hearing will be held in Room 1699 

of the Herschler Building, 122 West 25th Street, Cheyenne, Wyoming. Those planning to present 

oral statements at the hearing are encouraged to bring a written copy of their comments to the 

hearing and to arrive early so that the Council may determine the order of persons wishing to 

comment. 

The Council will hear public coirunents on proposed revisions to the Wyoming Air Quality 

Standards and Regulations ry.1 AQS&R). Chapter 1, Common Provisions, Section 3, Definitions, 

is being revised to add definitions. Standardized definitions are used throughout W AQS&R and 

are there to clarify intended meanings of the terms. Chapter 2, Ambient Standards, Section 2, 

Ambient standards for particulate matter, is changing to incorporate ambient standards for PM2_

5 

(particulate matter 2.5 microns in diameter and smaller). The Division must adopt the PM2_

5 

standard to meet requirements of section 110(a)(1) and (2) of the Clean Air Act. The Division is 

also proposing to remove the TSP (total suspended particulate) standard. The TSP standard is no 

longer a Federal Standard. Removal of the Wyoming TSP standard and the addition of the PM2_

5 

standard will bring Wyoming particulate matter standards in line with Federal particulate matter 

standards. The Division is proposing to modify Chapter 3, General Emission Standards, Section 

2; Emission standards for particulate matter; Section 2(e) will be modified to clarify the 

applicability of the opacity standard, Section 2(f) will be revised to expand the list of control 

measures considered appropriate for minimizing fugitive dust, and Section 2(g) will be changed 

to clarify when process weight tables apply. Chapter 6, Permit Requirements, Section 2, Permit 

requirements for construction. modification and operation is being revised to remove a 

significance level for TSP. This change is proposed in conjunction with the proposal to remove 

the TSP standard. 

The full text of the proposed revisions to all sections are available for inspection in the offices of 

the Department of Environmental Quality, 122 West 25th Street, Herschler Building, Cheyenne, 

Wyoming; the Casper District Office, 3030 Energy Lane, Casper, Wyoming; the Lander District 

Office, 250 Lincoln Street, Lander, Wyoming; the Sheridan District Office, 1043 Coffeen 

A venue, Suite D, Sheridan, Wyoming. Electronic copies of the rules will be available December 

31 , 1999 at http://deq.state.wy.us/aqd.htm 

Written comments may be submitted prior to the public hearing at the following address: 
.,. . 

, , 

Department of Environmental Quality 

Air Quality Division 

Herschler Building, 4th Floor 

122 West 25th Street 

Cheyenne, Wyonling 82002 

All written statements received prior to the hearing, as well as oral and written statements 

received at the hearing, will become part of the record. The Department is asking the 

Environmental Quality Council to make a decision on the proposed additions and revisions to the 

regulations at the close of the public hearing on February 17, 2000. The council will make a 

decision on this request at the conclusion of the public hearing. 

Any person may urge the Department not to adopt the rules and also may request that the agency 

provide a statement of principal reasons for overruling comments against adoption. Requests for 

an agency statement must be made prior to, or within 30 days after adoption of the rule, submitted 

to the above address. Any person wishing to object to the accuracy of the above described 

information provided by the agency should submit their objections prior to fmal adoption to the 

above address. 

In accordance with the Americans with Disabilities Act, special assistance or alternate formats 

will be made available upon request for individuals with disabilities. 
Newspaper 

Casper Star Tribune 

Wyoming Tribune Eagle 

Gillette News-Record 

Rock Springs Daily Rocket Miner 

Date of Publication 

December 30 and 31, 1999 

December 30, 1999 

December 30, 1999 

December 30, 1999 
ADVERTISING INVOICE 

Casper Star .. Tribu.ne 

P 0 Box BD . 

Casper WY 82609 .· 

SOLD TO: 

·state ·otWy . . . .... . ·. . ·.·. .· 

. DEQ/Al.R Ql)~l.JfY DIVISION 

122 W 2stt-t ·STREET•···. · •. ·.·.· ··_ .. •: · 

HERSCHLER BUILDING •··•·_: 

cHEYENNE \IVY a2oo2 .. ... · 

·. INVOICE NO. •143 

.· INVOICE DATE 01/19/00 

OUR ACCT NO. ' 1909 . 

ORDER NO. 

TERMS 

SHIPPED TO: 

:0.2/03/00 . 

'12/31/99 . NO ICE OF PROPOSED ·. · 10.000 $1 U30 : $111.:36 

P 0 Box 80 . (307) 266-0607 

Casper WY (307) 266-0609 · 

Questions co~cerning this Invoice?_ .. 

Call: . PamKione · 

(307) 266-051 0 

Email: pl<lone@trib.com 

20.00 0 

0 

0 

$259.70 

0 $259.70 

Please return copy of invoi~e .· · 

with your remittance. Thankyou. 
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I was president Worland; two sons, Alan and Kent husband of 59 years. · 

He was a Martinson, both of Worland; two Survivors inch.ide her daughter, 

Y council; a · daughters, Kathy Kunz and Helen Katherine McDaniel and her 

he Boy Scouts, Nel5on-Meeks, both of Worland; husband of littleton, Colo.; her 

nter safety four sisters, Beverly Harrington of son, Melvin ZumBrunnen and his .ber of the Mallo Pocatello, Idaho, Colleen Griffith wile of Lusk; six grandchildren; 

al Board for six · and Carla Thomas, both of Idaho four great-grandchildren; and her 

esldent of the Falls, Idaho, and Norma McPhie of brother, Glenn Hanson of the 

:ience Teachers' Ogden, Utah; two brothers, Darrell Cheyenne River community. ' 

hing, hunting, 

1d hiking. He 

trchery, making · 

mting. He was 

ren and devoted 

>sons. 

1de his wife of 

David Todd of 

fodd of Seatac, 

r of Upton; two 

)ddof 

Jan Todd of 

isters, Theresa 

;acola, Fla., and 

ek of Buffalo. 

led in death by 

infant sister. 

Funeral Chapel 

arrangements. 

th 

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uneral services 

arburton, 90, will 

today at ·ker Funeral 

;'!V. Lawrence S. 

beheld from 

:rvice at the 

" ·-

Martinson of Layton, Utah, and The family requests that 

Steven Martinson of Richmond, memorials be made to Niobrara 

V jl.; 10 grandsonS; three County 4-I-1 Council. 

granddaughters; and nine great- .-------------, 

gra~~!~~r;~eded In death by I. More Obituaries B4 

Notice of Proposed Rulemaking 

Department of Environmental Quality 

. Air Quality Division (AQD) · 

on1:00 

Street, 

followQuality, 

82002. ffli!>P-A!zi~:arm un -· '' If.""- special ~tance 

up.on request for individuals with 

.... ·- ...... ~, . 
[Please Print YOUR NA1'1E 

-

f)/56;V &b L< 

ADUl'TlON OF PROPOSED REVISIONS TO CHAPTER 1, CHAPTER 2, CHA

HERSCHLER BUILDING (Room 1699) 122 WEST 25TH STREET, C

FEBRUARY 17,2000-1:00 PM 

NAME AND ADDRESS OF COMPANY OR ORGANIZATION 

6 - --A; ;c 

I( J I 

(; ; -< L;_, /{ri: /\ ".t'l {o 1 k<:::... 

D I,_-=-\ I /) t1 { Mtf 

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,)J;;-.r;, 
THESTATE - OF WYOMING 

HERSCHLER BUILDING, ROOM 1714 

122 WEST 25TH STREET 

CHEYENNE, WYOMING 82002 

TEL: 307-777-7170 

FAX: 307-777-6363 

A G E N D A 

1-17-00 

JIM GERINGER 

GOVERNOR 

The Environmental Quality Council is scheduled to hold a public meeting on Thursday, February 

17,2000 at the Herschler Building, Board ofEqualization Board Room No. 1722, West Wing, 122 

W. 25th Street, Cheyenne, WY. The meeting will begin at 9:00 a.m. After lunch break or at 1:00 

p.m., a hearing will be held in Room 1699. At the conclusion of the hearing, the meeting will 

resume. 

9:00 A.M. M eeting- Room #1722: 

1. Call to Order. 

2. Approval of Minutes 

3. Bond Forfeiture - Sowerwine Construction, Inc., Docket No. 1063ET - initial request. LQ. 

4. Approval of Orders: 

a. Thayne Landfill, Docket No. 2778-96 - Approval of Stipulation. SW 

b. Wyoming Refining Co., Docket No. 2982-98 - Administrative Order on Consent. 

c. McGee Mobile Home Park, Docket No. 313 7-99- Order Approving NOV & Order. WQ 

d. H & K Mobile Home Park, Docket No. 3143-99 - Order Approving NOV & Order. WQ 

e. Domson, Inc., Permit No. 911 ET, Docket No. 3145-99 - Order Approving NOV & Order. 

WQ. 

f. Questar Pipeline Co., Operating Permit No. 30-036, Docket No. 2985-98 - for dismissal. AQ 

5. Summary of Cases and Scheduling ofMelody Ranch Investments hearing, Docket No. 3151-99 

- Terri Lorer1zon. LQ 

6. Office Work Update 

7. Schedule next meeting 

8. Recess 

9. Hearing - 1:00 P. M.- Room 1699 - Air Quality Rules and Regulations: 

.-::=:; I. Proposed changes to Air Quality Chapters 1, 2, 3, and 6. 

II. Proposed modification of Truck Dump Permit Conditions. 

10. Reconvene meeting 

11. Adjoum 

All EQC agendas can also be viewed on the Web at this address: http ://deq.state.-w)7.us/eqc.htm 
NOTICE OF INTENT TO ADOPT RULES AND REGULATIONS & 

NOTICE OF PUBLIC HEARING 

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY 

122 West 25th St., Herschler Building 

Cheyenne, WY 82002 

Agency Contact: Christine Jenkins 307-672-6457 

In accordance with the Wyoming Administrative Procedures Act and the Wyoming Environmental 

Quality Act, a public hearing will be held by the Wyoming Environmental Quality Council 

beginning at 1:00 PM, Thursday, February 17, 2000. The hearing will be held in Room 1699 

of the Herschler Building, 122 West 25th Street, Cheyenne, Wyoming. Those planning to present 

oral statements at the hearing are encouraged to bring a written copy of their comments to the 

hearing and to arrive early so that the Council may determine the order of persons wishing to 

comment. 

The Council will hear public comments on proposed revisions to the Wyoming Air Quality 

Standards and Regulations (J.f AQS&R). Chapter 1, Common Provisions, Section 3, Definitions, 

is being revised to add definitions. Standardized definitions are used throughout W AQS&R and 

are there to clarify intended meanings of the terms. Chapter 2, Ambient Standards, Section 2, 

Ambient standards for particulate matter, is changing to incorporate ambient standards for PM2.

5 

(particulate matter 2.5 microns in diameter and smaller). The Division must adopt the PM2.5 

standard to meet requirements of section 110(a)(1) and (2) of the Clean Air Act. The Division is 

also proposing to remove the TSP (total suspended particulate) standard. The TSP standard is no 

longer a Federal Standard. Removal of the Wyoming TSP standard and the addition of the PM2.

5 

standard will bring Wyoming particulate matter standards in line with Federal particulate matter 

standards. The Division is proposing to modify Chapter 3, General Emission Standards, Section 

2; Emission standards for particulate matter; Section 2(e) will be modified to clarify the 

applicability of the opacity standard, Section 2(f) will be revised to expand the list of control 

measures considered appropriate for minimizing fugitive dust, and Section 2(g) will be changed 

to clarify when process weight tables apply. Chapter 6, Permit Requirements, Section 2, Permit 

requirements for construction. modification and operation is being revised to remove a 

significance level for TSP. This change is proposed in conjunction with the proposal to remove 

the TSP standard. 

The full text of the proposed revisions to all sections are available for inspection in the offices of 

the Department of Environmental Quality, 122 West 25th Street, Herschler Building, Cheyenne, 

Wyoming; the Casper District Office, 3030 Energy Lane, Casper, Wyoming; the Lander District 

Office, 250 Lincoln Street, Lander, Wyoming; the Sheridan District Office, 1043 Coffeen 

Avenue, SuiteD, Sheridan, Wyoming. Electronic copies of the rules will be available December 

31, 1999 at http://deq.state.wy.us/aqd.htm 

Written comments may be submitted prior to the public hearing at the following address: 
Department of Environmental Quality 

Air Quality Division 

Herschler Building, 4th Floor 

122 West 25th Street 

Cheyenne, Wyorrring 82002 

All written statements received prior to the hearing, as well as oral and written statements 

received at the hearing, will become part of the record. The Department is asking the 

Environmental Quality Council to make a decision on the proposed additions and revisions to the 

regulations at the close of the public hearing on February 17, 2000. The council will make a 

decision on this request at the conclusion of the public hearing. 

Any person may urge the Department not to adopt the rules and also may request that the agency 

provide a statement of principal reasons for overruling comments against adoption. Requests for 

an agency statement must be made prior to, or within 30 days after adoption of the rule, submitted 

to the above address. Any person wishing to object to the accuracy of the above described 

information provided by the agency should submit their objections prior to frnal adoption to the 

above address. 

In accordance with the Americans with Disabilities Act, special assistance or alternate formats 

will be made available upon request for individuals with disabilities. 
JIM GERINGER 

GOVERNOR 

OF WYOMING 

Department of Environmental Quality 

Herschler Building • 122 West 25th Street 

ADMINISTRATION 

(307) 777-7758 

FAX 777-7682 

ABANDONED MINES 

(307) 777-6145 

FAX 777-6462 

February 16, 2000 

AIR QUALITY 

(307) 777-7391 

FAX 777-5616 

Mr. Richard R. Long, Director 

Air and Radiation Program 

INDUSTRIAL SITING 

(307) 777-7368 

FAX 777-6937 

United States Environmental Protection Agency 

Region 8 

999 18th Street, Suite 500 

Denver, CO 80202-2466 

Dear Mr. Long: 

• Cheyenne, Wyoming 82002 

LAND QUALITY 

(307) 777-7756 

FAX 777-5864 

SOLID & HAZARDOUS WASTE 

(307) 777-7752 

FAX 777-5973 

WATER QUALITY 

(307) 777-7781 

FAX 777-5973 

We apologize for not responding sooner to your October 29, 1999 comments on proposed 

changes to particulate matter regulations in the Wyoming Air Quality Standards and Regulations 

(WAQS&R). We have, however, been in contact with Vicki Stamper of your staff and we 

believe that the larger issues have been resolved. Changes have been made to the earlier revisions 

as a result of these conversations. We are sending this letter to summarize our responses to your 

concerns and have attached copies of the most recent revisions. Your October 29, 1999letter and 

this response will be included as part of the record for this rulemaking. 

Your first comment pertains to a "director's discretion" provision in Chapter 1, Section 3 

of the WAQS&R. The State of Wyoming originally proposed language which implied that the 

Administrator of the Wyoming Department ofEnvironmental Quality, Air Quality Division 

could approve an alternative or equivalent method to the Environmental Protection Agency 

(EPA) reference method for measuring PM2_5 emissions. The ·State agrees with your comment 

that the State Administrator cannot approve an alternative or equivalent method to the EPA 

reference method for measuring PM2_5 . The State ha,s corrected the phrase to read "EPA 

Administrator" . The State has also corrected similar problematic language in two other locations 

within the existing definition of "Particul ate matter" directly preceding the definition of PM2 5 • 

You commerited as well on our proposal in Chapter 3, Section 2( e) to clarify when the 40 

percent opacity limitation applies. EPA appears to agree that the Chapter 3, Section 2(e) 

provision should not apply in a case where a more stringent emission limit has been established 

elsewhere in theW AQS&R or in pem1it conditions. 
, . 

Mr. Richard Long 

February 16, 2000 

Page 2 

Chapter 3, Section 2(g), of the WAQS&R pertains to limiting particulate emissions 

through process weight rate tables. The process weight rate tables predate the Chapter 6, Section 

2 Permit Requirements ofthe WAQS&R and apply only to grandfathered sources. In order to 

eliminate confusion over which particulate emission limitations apply to newly permitted 

sources, the State proposed to add the following statement "Emission rates established in Tables 

I and II shall apply unless superceded by emission limits established through Best Available 

Control Technology (BACT)." EPA indicated that this language would not be approved as part 

of the State Implementation Plan (SIP), because EPA believes that this would allow the State to 

change a SIP requirement through the issuance of a permit, which is contrary to section 110 of 

the Clean Air Act. We are aware that the proposed language would have been in conflict with 

that in the currently approved SIP. Our intent was, pursuant to section 110 of the Act, to submit 

a SIP revision incorporating the proposed language along with the required demonstration that 

the revision would not interfere with attainment or maintenance of the national ambient air 

quality standards (NAAQS) or any other applicable requirement of the Act. However, we are 

unable to submit regulatory language changes as part of a proposed SIP revision that have not 

first been subjected to the state rulemaking process. As the State proceeds with efforts to 

modernize decades old regulatory language, we will continue to face these "Catch 22" situations. 

However, as a Tesult of our staffs working together we believe we have developed language that 

accomp lishes our original intent, yet alleviates the more significant EPA concerns. An excerpt 

from Chapter 3, Section 2(g) which will be presented for final consideration by the Wyoming 

Environmental Quality Council is shown below. The new language is redlined: 

(g) The emission of particulate matter from any new source shall be limited as indicated 

in Table I. The emission of particulate matter from any existing source shall be limited as 

indicated in Table II. 

(i) Process weight per hour means the total weight of all materials 

introduced into any specific process that may cause any emissions of 

particulate matter, including solid fuels, but excluding liquids or gases 

used solely as fuels, and excluding air introduced for purposes of 

combustion, and excluding the weight of any water, water vapor or steam 

that may be introduced as part of the total materials. However, water 

contained as part of the normal input to a beet pulp dryer process shall be 

included as part of the process weight per hour. The process weight rate 

per hour referred to in this section shall be based upon the maximum 

design production rate of the equipment unless otherwise restricted by 

enforceable limits on potential to emit. 
,. 

Mr. Richard Long 

February 16, 2000 

Page 3 

This additional language has been discussed with Vicki Stamper and Carol Smith of your staff. 

The proposal effectively eliminates the sliding scale nature of the process weight tables. This 

solution should eliminate confusion over which particulate allowables apply to permitted 

sources, since the allowables determined through process weight rate tables will remain fixed. 

EPA's final concerns noted in the October 1999letter had to do with the State's proposal 

to delete the total suspend particulate (TSP) matter ambient standard. EPA is specifically 

concerned with any plans to remove TSP monitors in the Powder River Basin since the PRB 

monitoring network is part of a larger State commitment. The State is proposing to delete the 24 

hour ambient TSP standard because we believe that the standard is not serving the purpose for 

which it was retained. In 1988, after promulgation of the PM10 standard, the State elected to 

retain the TSP standard as a welfare or nuisance standard. Over the past 12 years, the State has 

come to conclude that while welfare and nuisance problems continue to crop up as a fact of life 

they are not resolved by reliance on a 24 hour ambient TSP standard nor are they effectively 

monitored by the TSP ambient network. Rather, the more effective way to deal with nuisance 

problems related to dust is to focus on requiring and implementing effective control measures. 

The privately operated TSP monitors in the Powder River Basin have a much different 

purpose than the State TSP network which was retained to show compliance with a welfare 

standard. As you correctly pointed out in your letter, some of the mines in the Basin have 

continued to operate TSP monitors as surrogate monitors for PM10 . Those monitors are 

obviously operating as compliance monitors for the health based National Ambient Air Quality 

Standards (NAAQS) and theiT continued operation is required through current air quality pern1it 

conditions. Furthermore, the Division is aware that the comprehensive PM monitoring network 

in the Powder River Basin is tied into commitments of the ambient air SIP. If the Council adopts 

the proposal to delete the 24 hour TSP ambient standard, the State wilL riot begin a massive shut 

tlown of the TSP monitors in the Powder River Basin. Changes, if any, in the PRB TSP 

monitoring network will be addressed on a case by case basis through pern1it modification. In 

such instances, the State will consider many factors including the history of that particular 

monitor, monitored concentrations at that site, how that monitor fits into the PRB network, 

whether that monitor·functions as a surTogate monitor for PM10 and possible overlaps with other 

monitoring in the vicinity. 

s for relaxing existing pennitted PM emission limits as a result of deleting the TSP 

aml2ient standard, such an action is contrary to the State's basic philosophy of minimizing impact 

to our air resource an.d the Srt~ta has no plans do so. 
" . 

Mr. Richard Long 

February 16, 2000 

Page 4 

EPA has been notified of our plans to take these revisions to the Wyoming 

Environmental Quality Council on February 17,2000. We will keep EPA informed as to the 

outcome of that hearing. If you have further questions regarding these issues, please feel free to 

contact me at 307-777- 7391. 

Sincerely, 

~fll_ Dan Olson 

Administrator 

Air Quality Division 

Enclosures 

cc: Christine Jenkins, DEQ 

' 
THE STATE OF WYOMING 

JIM GERINGER 

GOVERNOR 

Department of Environmental Quality 

Herschler Building e 122 West 25th Street e Cheyenne, Wyoming 82002 

ADMINISTRATION 

(307) 777-7758 

FAX 777-7682 

TO: 

ABANDONED MINES 

(307) 777-6145 

FAX 634-0799 

FROM: 

SUBJECT: 

DATE: 

PRIORITY: 

SUMMARY: 

AIR QUALITY 

(307) 777-7391 

FAX 777-5616 

INDUSTRIAL SITING 

(307) 777-7368 

FAX 777-6937 

Governor Geringer 

LAND QUALITY 

(307) 777-7756 

FAX 634-0799 

Dennis Hemmer, Director, DEQ 

(The agency contact person is Chr 

cjenki@missc.state.wy.us) 

Normal 

SOLID & HAZARDOUS WASTE 

(307) 777-7752 

FAX 777-5973 

WATER QUALITY 

(307) 777-7781 

FAX 777-5973 

Notice of agency rulemaking. The Air Quality Division (AQD) is proposing 

the following revisions: 

Chapter 1, Common Provisions; Section 3, Definitions. This section is 

being revised to add definitions for 11 fugitive dust 11 and ''PM2_

5

11 • These 

terms are used throughout theW AQS&R. Standardized definitions will 

clarify the intended meanings of the terms. 

Chapter 2, Ambient Standards; Section 2, Ambient standards for 

particulate matter. The Division is proposing to add ambient standards for 

PM2.

5(particulate matter 2.5 microns in diameter and smaller). Section 

llO(a)(l) and (2) of the Clean Air Act requires that states submit revisions 

to their regulations within 3 years of federal promulgation of a new ambient 

standard. Since the PM2_5 standard was promulgated in July of 1997, the 

Division must adopt the PM2_5 standard into state rules in the near future in 

order to meet the July 2000 deadline. The Division is also proposing to 

update ambient particulate standards by removing the TSP (total suspended 

particulate) standard. The TSP standard is no longer a Federal Standard. 

Removal of the TSP standard and the addition of the PM2_

5 standard will 
I 

Memorandum 

Governor Geringer 

Page2 

bring Wyoming particulate standards in line with Federal Particulate 

Standards and no more stringent. 

Chapter 3, General Emission Standards; Section 2, Emission standards for 

particulate matter. Several modifications to particulate control are 

proposed in this section. In Section 2( e) the Division is clarifying the 

applicability of the opacity standard. Revisions to Section 2(£) expand the 

list of control measures considered appropriate for minimizing fugitive 

dust. Section 2(g) is revised to clarify when process weight tables apply. 

Chapter 6, Permit Requirements; Section 2, Pennit requirements for 

construction, modification and operation. The Division is proposing 

remove the significance level for TSP from Chapter 6, Section 2(c). This 

change is proposed in conjunction with the proposed removal of the TSP 

standard from Chapter 2, Section 2. The significance levels are no longer 

meaningful without a referenced ambient standard. 

RECOMMENDATION: 

Review and approve to proceed with rulemaking 

GOVERNOR'S RESPONSE OPTIONS: 

£ oceed (Agency may proceed) 

_ Delay public comment and set up meeting with 

J.Go~ vernor's staff representative 
I' ' 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 8 

Ref: 8P-AR 

Dan Olson, Administrator 

Air Quality Division 

Department ofEnvironrnental Quality 

122 W_ 25th Street 

Cheyenne, Wyoming 82002 

Dear Dan: 

999 18TH STREET - SUITE 500 

DENVER, CO 80202-2466 

http://www.epa.gov/region08 

OCT 2 9 1999 

The purpose of this letter is to transmit EPA's comments on certain regulatory changes 

which were brought before the Wyoming Air Quality Advisory Board on August 30, 1999 and 

which we understand will be proposed for final adoption by the Environmental Quality Council in 

the very near future . We have some significant concerns with a few of the proposed rule changes. 

These concerns have been discussed with Tina Jenkins of your staff, but it appears that the State 

has not made any changes to the proposed rules to address our concerns. Thus, we are sending 

this letter to explain our concerns in writing and recommend changes. Please include this letter as 

part of the record for this rulemaking. 

Our concerns with the proposed rule changes and recommended revisions are discussed in 

the enclosure to this letter. Our concerns pertain to two areas: a "director's discretion" provision 

allowing the State to approve alternative/equivalent test methods, and provisions allowing terms 

of a construction permit to override a requirement that has been approved as part of the State 

Implementation Plan (SIP). EPA cannot approve the director's discretion provision in Section 3 

of Chapter 1, nor can EPA approve the provision allowing a construction permit to override the 

SIP in Section 2(g) of Chapter 3. We are also concerned with the proposed change in Section 

2( e) of Chapter 3, which may allow a less stringent permit condition to override the SIP. 

We also note that the State has proposed to delete its ambient air standard for total 

suspended particulate (TSP) in Section 2 of Chapter 2. While this is acceptable as EPA repealed 

the national ambient standard for TSP over ten years ago, we are curious as to whether the State 

plans on relaxing any permitted emission limits as part ofthis rule change. Relaxations in any 

limits on particulate matter could potentially impact the PM-10 or PM-2.5 national ambient air 

quality standards (NAAQS). We also would like to know whether this change will impact the 

State's particulate matter monitoring network that has been established in the Powder River Basin 

which the State committed to operate as part of the "ambient air" SIP. We would greatly 

appreciate hearing back from you on these implementation issues. 

0 Printed on Recycled Paper 
If you would like to discuss any of these issues further, please feel free to contact me at 

(303) 312-6005 or contact Vicki Stamper, Wyoming's SIP coordinator, at (303) 312-6445, and 

we can set up a conference call with the appropriate staff. It would be best to have any such 

discussions prior to the end ofNovember, as Vicki Stamper will be out on an extended vacation 

for the month of December. In addition, we understand that the State plans on adopting these 

rule changes at the end of this year or the beginning of2000. 

Enclosures 

cc : Tina Jenkins (with enclosures) 

Air Quality Division, Department ofEnvironmental Quality 

1043 Coffeen Avenue, SuiteD, Sheridan, Wyoming 82801 

2 
Enclosure 

1. In Chapter 1, Section 3, the State has proposed to add a definition ofPM2_

5 emissions. In 

that definition, the State has proposed to include a "director's discretion" provision which 

would allow the Administrator of the Wyoming Department ofEnvironmental Quality to 

approve an alternative or equivalent method to the EPA reference method for measuring 

PM2.

5 emissions. 

For measures that are included as part of the State Implementation Plan (SIP) or for 

measures that are Federally required, such discretionary authority for the State to allow a 

different measurement method without obtaining prior EPA approval is not allowed. This 

director's discretion provision essentially allows for a variance from a SIP requirement, 

which is not allowed under section 110(i) of the Clean Air Act (Act). Any alternative 

method to an EPA reference method for measuring PM2 _

5 emissions must be submitted to 

EPA for approval. Thus, the State must delete the phrase "or an equivalent or alternative 

method approved by the Administrator." Alternatively, the State could rewrite this phrase 

to read "or an equivalent or alternative method approved by the Administrator ofEP A" 

2. In Chapter 3, Section 2(e), which provides that a source may exceed 40% opacity for a 

period aggregating not more than six minutes in any hour, the State is proposing to add a 

clarification to this provision stating that it applies "unless restricted by more stringent 

emission limits established elsewhere in the Wyoming Air Quality Standards and 

Regulations or permit conditions." We agree that this excess opacity provision should not 

apply in the case of a more stringent emission limit established in theW AQSR or in permit 

conditions, such as exemptions from the opacity limit that are allowed on a less frequent 

basis than 1 six minute period per hour or provisions that do not allow any exemptions 

from opacity limits. Provisions from the WAQSR or pe "t conditions which might allow 

excess opacity emissions more frequently than one six minute period per hour should not 

override the SIP requirement in Section 2(e). 

3. In Chapter 3, Section 2(g), the State has proposed to add the following statement: 

"Emission rates established in Tables I and II shall apply unless superceded by emission 

limits established through Best Available Control Technology (BACT) review or other 

permitting actions." EPA cannot a prove this provision as part of the SIP, as it would 

allow the State to basically change a SIP requirement through the issuance of a permit. 

Pursuant to section 110 of the Act, to change a requirement of the SIP, the State must 

adopt a SIP revision and submit the revision to EPA for approval. Alternatively, EPA's 

March 5, 1996 "White Paper Number 2 for Improved Implementation of The Part 70 

Operating Permits Program" explains how States can streamline multiple applicable 

requirements on the same emission unit under the Part 70 permit process. Such process 

must ensure, among other things, that the streamlined emission linut is at least as stringent 

as all applicable emission limits for an emissions unit. The specific requirements for 

streamlining multiple requirements are spelled out in White Paper Number 2, which we 

1 
have enclosed to this letter. This streamlining can only be allowed through the Part 70 

permit process, in which EPA has the opportunity to review the streamlined requirements 

and has the ability to veto the Part 70 permit ifthe streamlined requirement is not as 

stringent as each separate applicable requirement. Because EPA doesn't have veto 

authority under the prevention of significant deterioration (PSD) or minor source 

permitting programs, the State cannot streamline requirements through either of those 

construction permitting programs. 

Aside from the Part 70 permit process, if the State wants a BACT limit to override a SIP 

limj.J,_then the State must adopt and submit to EPA a source-specific SIP revision. If the 

BACT limit is not as stringent as the existing SIP limit, then the State will also be required 

to submit a demonstration that the SIP relaxation won't interfere with attainment or 

maintenance of the national ambient air quality standards (NAAQS) or any other 

applicable requirement of the Act. (See sections 110(1) and 193 of the Act; 40 CPR 

51.166(a)(2).) 

Based on the above discussion, we believe the proposed statement must be deleted. 

4. EPA has a few questions regarding the State's deletion of the ambient standard for total 

suspended particulate (TSP). With this deletion of the ambient standard for TSP, is the 

State planning on eliminating any existing monitoring that is currently being done for TSP? 

We are especially curious about this because we know that the extensive monitoring 

netw ork that has been set up in the Powder River Basin includes many TSP monitors. We 

understand that, in the Powder R.iver Basin, many sources operate TSP monitors as a 

surrogate for measuring PM-1 0, and the State does not require facilities to operate PM-1 0 

monitors unless the TSP monitors record levels above a certain concentration. Our main 

reason for concern is that establishment and operation of a comprehensive PM: monitoring 

network in the Powder River Basin was one ofthe State's commitments in order for EPA 

to approve the "ambient air'' SIP submittal. We would appreciate hearing further from the 

State ifthere are any plans for changes in monitoring requirements due to this deletion of 

the ambient standard for TSP. 

Please note that we also assume the State will not be relaxing any existing permitted PM 

emission limits as a result of this deletion of the ambient standard for TSP. If we are 

mistaken in our assumption, we would also appreciate hearing further from the State on 

potential changes to existing emission limits. Since we do have NAAQS for PM-1 0 and 

PM-2.5, we would be concerned that any relaxation in an emission limit on particulate 

matter could adversely impact the NAAQS. 

2 
August25, 1999 

Mr. Dan Olson, Administrator 

Department of Environmental Quality 

Air Quality Division 

122 West 251

h Street 

Cheyenne, Wyoming 82002 

Rocky Mountain Region 

1501 Stampede Avenue 

Cody, WY 82414-4721 

Telephone 307/587-4961 

Re: Proposed Changes to WDEQ Particulate Matter Standards 

Dear Mr. Olson: 

Marathon Oil Company (Marathon) has reviewed the proposed changes to the 

Wyoming Department of Environmental Quality (WDEQ) Particulate Matter 

Regulations. Marathon thanks you for the opportunity to review and comment on the 

proposed changes. 

Marathon Oil Company is concerned the WDEQ Air Quality Division (Division) is 

prematurely modifying the Ambient Air Standards for Particulate Matter. The U. S. 

Environmental Protection Agency (EPA) adopted a new Particulate Matter 2.5 

Standard (PM 2.5) in 1997 and promised to review PM 2.5 in year 2000. The US 

District Court of Appeals for the District of Columbia (Court) ruled EPA's methods used 

to adopt the standard unconstitutional. The Court believes the authority to adopt such 

standards resides with Congress. The EPA plans an appeal. 

Marathon believes the State is not obligated to adopt the stringent PM 2.5 Standard at 

this time. Marathon recommends the Division initiate air monitoring for the required 

three years to determine if non-attainment areas exist in the State. The Division 

should address non-attainment areas with state implementation plans (SIP) after the 

monitoring effort. Marathon recommends the Department avoid adopting a PM 2.5 

Standard pending the results of the air monitoring, the EPA's Appeal of the Court 

Ruling and EPA's review of PM 2.5 in year 2000. 

Marathon understands that the proposed addition of Fugitive Dust requirements to the 

existing Emission Standards for Particulate Matter is intended to reduce airborne 

particulates in metropolitan areas of Wyoming. Marathon recommends the proposed 

Regulations clarify that additional steps to reduce airborne particulates will be required 

in urban areas and that rural areas will be exempt. Many oil and gas operations in 

Wyoming are located in rural open areas with arid climates. Water in these areas 

should be conserved rather than sprayed along roads when there is no public impact 

from the work. 

A subsidiary of USX Corporation An Eoual Oooortunitv Emolover 
Dan Olson, Administrator 

Department of Environmental Quality 

August25, 1999 

Page 2 

Thank you for considering Marathon's recommendations. 

Sincerely, 

MARATHON OIL COMPANY 

Gary M. Lewis 

HES&R Manager 

Rocky Mountain Region 

xc: Mr. Tom Clayson 

Petroleum Association of Wyoming 

951 Werner Court, Suite 100 

Casper, Wyoming 82601 
THE STATE 

JIM GERINGER 

GOVERNOR 

OF WYOMING 

Department of Environmental Quality 

Herschler Building • 122 West 25th Street 0 Cheyenne, Wyomi ng 82002 

ADMINISTRATION 

(307) 777-7758 

FAX 777-7682 

ABANDONED MINES 

(307) 777-6145 

FAX 777-6462 

Mr. Gary M. Lewis 

HES&R Manager 

Rocky Mountain Region 

Marathon Oil Company 

AIR QUALITY 

(307) 777-7391 

FAX 777-5616 

1501 Stampede Avenue 

Cody, Wyoming 82414-4721 

Dear Mr. Lewis: 

INDUSTRIAL SITING 

(307) 777-7368 

FAX 777-6937 

LAND QUALITY 

(307) 777-7756 

FAX 777-5864 

September 24, 1999 

SOLID & HAZARDOUS WASTE 

(307) 777-7752 

FAX 777-5973 

WATER QUALITY 

(307) 777-7781 

FAX 777-5973 

The Air Quality Division has reviewed your August 25, 1999 comments on the proposed changes 

to particulate matter regulations. You have commented on the State's plan to adopt the PM2_

5 

standard as well as the State's plan to alter fugitive dust requirements. 

In your comment dealing with adopting the PM2_5 standard, you have recommended that the 

state initiate air monitoring for the new standard but avoid adopting the standard pending the 

results of air monitoring and resolution of the EPA appeal of the May 14, 1999 Court Decision. 

Wyoming has initiated air monitoring for the new fine particulate matter standard. State monitors 

were deployed in the fall of 1998 in the communities of Cheyenne and Sheridan, which is a nonattainment area for PM10. Plans are currently underway to expand the monitoring network to 

several additional communities in the state. In addition to the State monitoring network, there are 

a number of industtial sites in the state which have begun PM2_5 monitoring. A two year joint 

research project was started this summer in the Powder River Basin which will correlate 

meteorology, regional mining activities and measured PM2_5 concentrations. Fine particulate 

matter monitoring in the state is well underway. 

In response to your suggestion that the Division avoid adoption of the standard pending the 

resolution of the EPA court appeal, we would like to make you aware of the adoption schedule 

that the State of Wyoming must follow. Sections 110(a)(1) and (2) of the Clean Air Act requires 

that states submit revisions to their SIPs (State Implementation Plans) to implement, maintain 

and enforce a new or revised standard within 3 years ofpromulgation of such standard. Since the 
Mr. Gary Lewis 

September 24, 1999 

Page 2 

PMz.s standard was promulgated in July of 1997, we are obligated to submit our revised SIP by 

July of 2000. Since it takes approximately 6 months to complete a state rulemaking effort, the 

State must adopt the PM2_5 standard in the near future in order to meet that EPA July 2000 

submittal date. 

As you are aware, the May 14, 1999 court decision has muddied the waters with respect to the 

new standards. In that decision, the court set a briefing schedule to determine whether the PM2_

5 

standard should be vacated or remain in place while the case is remanded to the Agency. On 

June 18, 1999, the Court ruled that the PM2_5 standard would remain in place while the case is 

being investigated. Since the standard is in place, the State of Wyoming must proceed with the 

original schedule and attempt to meet the July 2000 submittal for our revised SIP. If matters are 

resolved one way or the other before July 2000, the State can modify plans accordingly. At this 

time, however, the State is obligated to follow the requirements of Clean Air Act. 

The Air Quality Division would also like to respond to your comments on proposed changes to 

fugitive dust requirements. Marathon has recommended that the proposed regulations clarify that 

additional steps to reduce fugitive dust will not apply to rural areas. Marathon presumes that the 

changes in fugitive dust regulations were intended for "metropolitan" areas in Wyoming. The 

Division, however, views fugitive dust problems as neither "rural" nor "metropolitan" in nature. 

Fugitive dust problems occur in both settings and many times on the boundaries between urban 

and rural. Since the Division must protect the air quality throughout the State, the regulations 

generally apply throughout the state. 

The Division appreciates your comments and involvement in the rulemaking process. Please feel 

free to contact my office if you have further questions in these matters. 

'S:OL---

Dan Olson 

Administrator 

Air Quality Division 

xc: Christine Jenkins, AQD