1. Genera/Information 

# . a. Agency/ Board Nam e Sea atta c hedlis/l o r refe r e n ce s D ep a rtmen t of E nvironmental Q uali ty 

### Certification Page Regular and Emergency Rules

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

b. Agen c y /Board Address c. Agency/ Board Ci t y 

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. Agency/Boa r d Z

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. 12 2 W. 2 5th St reet Ch eyen n e 820 0 2 e. Name of Contact P erson f

. C ontact T elephone Number Chri stine An d ers o n 3 0 7 -6 7 3 -9 33 7 or 6 75 -5624 g. Co n tact Em a il Ad dres s 

# I h

. Adop ti on Date: tander@wyo

.gov July 8, 2010 i. Prog r am (s ) S

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o r re f e r e n ces Ai r Quality 2. Rule**T~e** and Information ·"·-


### ..**~ .**  . • ··"·'· ,..**.~...........** < '"'" ,.,. _.,**·~"** 1 .. .... . - .... · .. .**:·t·~ i~'** **,'" -~** **.,** a. Thes e rul e s are: 

### 0 Em ergency R ules (Afte r comQie ting a ll ofSec /io

n 2, p10ca a d t

o S

ection 5 bel ow

) [!] Reg ul ar Rules b

. Choo s e a

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ha t a p ply: 

### 0 New R ul es • [!] Ame nded Rul es 0 R epealed Ru les • 'Ne w ' r

ules mea n s/

h e fi

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egular r u l es t

o be p r om ul gated by tl!eAge n c yal

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e d an exis ling s tatute. If "New,' p rovide the Enrolled A c t nu m ber and year enacted : c. P rovide the C ha

p t er Num be r, an d Short Titl e o f Ea ch Cha p t er be ing Create d/Am e nd e d /Rep ealed (if m o re t

han 5 c h a pte r s aro b eing crea t edl

a m

en dadl r e peal ad

, please use t he Addilional R ule I n f ormation form and al/ach it t o t

his certification} Chapt er Num b er: S ho rt Ti tle: 2 Amb i en t Standard s Chapter Number: Sho rt T ill e: 3 G e n eral Emi ss i o n St a nd a rds Chapter Number: Sho rt Title : 5 N ational Emission Stand a rds Chapter Number: Sho rt Titl e: 6 Permittin g Requ i rem ents C

hap t er Numbe r: S ho rt T itl e: 1 1 N ation a l A cid Rai n Progra m d. [!] T he Statement of Reasons is attached to this certification.
e. tf ap pl icable, describe the emergency w hich r equi r es pr omu lgat ion o f th ese r ules with ou t provi di n g notice or a n opport unity for a public h ea r

ing:

3

. State Gov ernment Notice ot Intended Rulemaking 

### ... a . Date on w hic h the Notice of l n \e nt containing all of tho i nfo r mation r equi r ed b y W.S. 16- 3-1 03(a) wa s filed with the S ecretary of S ta

te

: 

### May 7 , 2010 b. Date on which the Notice of I ntent and pr oposed rules in strike and tm de r

score f ormat w er

e provided t o th e Legislative S erv i ce Office : 

### May 11,2010 c. Date on which t he Notice of Intent and proposed rules i n s\rike and underscore f orma t w ere provided to the Attorney General : 

### May 11 , 

# STATE OF

.\NYOMlNG}**9ffi~y** o f tne**S~cre~~~ ~**  Filed

### th~ 

## .}j:_:::_ da¥
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### o

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### ...:~~,--t---­ .2 .., /'- l at 

### _!_:.. > '-.) 

## A M. Max Maxfiel d Secre tary of State 

### 2010I



# ,

4. Public Notice oUntended Rulemaking_ l ,.**'~** ·, '•" olt. ,., a . Notice was mailed 45 days in advance t o all persons who made a tim ely request fo r advance notice

.**~** Yes 0 No 0 N/A b

. Apublic hearing was held on the proposed r ules

. L!J Yes UNo lf'Yes: ' Date : T ime: 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 whi ch the Certification Page with original signatures and final rul es were sent t o th e 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 

### 20 1 0

c. Date on which a PDF of the final ru les was electronically sent to t he Secret ary of State : j U 

### I Y 14, 2010 6. Ag_encvLBoard Certitfcation ·' ' .';;:i,. The undersigned certifies that the forego ing in formation is corre ct. Signature of Authorized Individual 

# -- \::> *'Li lr-:-.:_ !!',..;**\~}....** Printed

## Naie ofSignafO'rt**~** 

### ' \ 0'-1 

### (J' ' 

### John V. Carra "' ·,_ 

# ..., '



### - 

# 'l Director SignatofY..'!'dle ·0:, •• Date of S ignature ·..• • r,. 

### July 14, 2010 7. Governor's Certi(lcation I have re viewed these rules and de termined that they: 1
. Are within th e scope of the statutory authority delegated to the adopting**c:;g~ncy;** 2. Appear to be within th e scope of the legislative purpose of the statutor:(authority; and, if emergency rules, 3. Are nec essary and that I concur in the fi nding that th ey are an

### emfJ**~ncy .**  

### /

. Therefore, I approve the same . . 

### / /

# ~~ Governor's Signature

## #/-~~ Date ofS ignature

## ~~>1 

## 3 Zo/?'



### ----------- v / Distr ib ution Li s t: 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 st r i ke/underscore; and 5. Memo to Governor documenting emergency (emergency rules}. 2. Copy of Certification Pag e; 3. Summary of Comments ( regular rules}; 4. Hard copy of rul es : clean and strike/un d ersco r e; 5. Electronic copy of rules: clean and st ri ke/u nd erscore; and 6. Memo to Governor documenting eme rg ency (emergency rules}

. 2. Hard copy of Certification Pag e 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 1 5,20 10. C

hap ter 2, Ambient Standards; Chapter 3, General Emission Standards; Chapter 5, National Emission Standards; Chapter 6, Permitting Requirements; and Chapter 11, National Acid Rai n Program. L

eg islative, 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 sta ndard "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 purpose s 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!JiJLrJve~** I 

### axine 

# I\ ;v'eaver Staff Attorney

# Da~==::3/===------_ Assistant DirectorI 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 fro m the director of the department , the administrators of the various divisions and their respective advisory boards ;EQCPUBLICHEARINGCHAPTERS2,3,5,6AND11(R-18)CROOKCOUNTYCOURTHOUSE-COMMUNITYROOM309CLEVELANDSTREETSUNDANCE,\VYOMINGJULY8,2010PleasePrintYOURNAMENAMEANDADDRESSOFCOMPANYORORGANIZATIONSTATEMENTIYESKOORALWRITTENI1/-l.'wt(l',tc;'V'-'')...,_ls-LfcJO(cJv,.:{..._,r::_j__<6)£.._Lwrwv.>:;-kv(/v()-fJicQ__IJoT\.)\"--IAM)C1"JSJji\\J\tD(\LIvk&Ot___l\\.v<..IfxQOII'(l'A._,Irx-0\)I/,/)1__.--Lit·;ot·11"1'::':>,t'-1II)IcQ\)<)i'-.;.._.I/'I--IJ/)(i"l-L/I./..(ij;;;/)/1;;/r';y/-1"'v(../'i'T'-II'J·'\..-.'/-'JC/_I/1('C)!'1.:_:;I..-'v\''._./II."'::>.\'/I.·.,,/)',,'.••.....,/••,f.-··"'•.J"!If-•.__/--.I../i.-vf/<'25'cr·'((.,;1/"I--I\•'!.'·)_)*...·:'\)/)(...,··-='/h.'.'\\\.i..l'.;•\.............tl'-':/\,I\i.-'·''I"f:<.1e\-,1i\.,..\·I\·"':(I•:.,..\...--..ii)-...-/i;,--'I'';('I\_,l..f\1'\'-o\''7.\.::Iv--.__'--INotice of Proposed Rulemaking Before The Environmental Quality Council B y 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 (WAQSR) Chapter 2, Ambient Standards, Chapter 3, General Emission Standards, Chapter 5, National Emission Standards, Chapter 6, Permitting Requirements, and Chapter 11, National Acid Rain Pro gram . The bulk of these changes involve updates to sec tions adopted by reference from the 2008 Code of Federal Regulations

. Other changes include updatin g particulate matter and le ad 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 PM 25 

### 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 comment s 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 not ic e and the proposed mles are availab le for public inspection at the Department of Environmental Quality, Air Quality Division , Herschler Building, 2nd Floor, 122 W. 25th Street , Cheyenne, Wyomin g. 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 Qu a lity Division , at 307

- 673

- 9337. The \VDEQ/A QD will file an analy sis of the comments received. The EQC ha s scheduled the public hearing on July 8, 20 l 0. The EQC will consider the proposed rule s, written comments, and the analysis of comments, along with any modifications proposed by the WDEQ/AQD to the draft rules. Comments submitted during th e comment period can be viewed at the EQC website: http:/ /eqc.s tate.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 le ss th an 3 days prior to the hearin g unless you contact the Council and request an ex t ens ion for good cause. Failure to timely submit a di gital copy will result in the person not being allowed to use the presentation during their testimony. In accordance with the Americans with Disabiliti es Act, special assistance or alternativeformats H

' ill be made a\'ailable upon requestfor 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 emp l oy 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, fo r
consecutive 

# . GJ weeks commencing with i ssue dated

ending with issue dated

# ~9t~ Signed Subscribed In my presence and sworn to before me this**~7/(.J**THE STATE OF WYOMING ENVIRONMENTAL QUALITY COUNCIL DRAFT AG EN D A (Submitted - Ju ne 24 , 20 1 0) The Age nd a may be amended at an ytime, up to 24 hours prior to th e me eting. Emergency item s can be added at any time. Agenda items that do not have a specific time indicated can be taken up b

y the Council at an y time. Meeting Date and Location: Jul y 8, 2010

- Crook Co unty Court House, 309 Cl eve land, Co mmuni ty Room, Sun dance, WY HEARING: 1. CALL TO ORD ER

- Introduction of Counc il and Staff 2. VERY RAR E OR UNC OMMO N PETITIO N CONS ID ERAT IO N A. Consideration by Counc il of Sand Cr eek Amended Petition- Ju ly 8, 2010

- 9:00A
.M. 3

. APP RO VAL OF**~UTES** A. March 11

- 12,20 10 B. May 13

- 14 , 2010 4.**CO~SEl'\T** AGEL\DA A. Not ice ofViolation and Orders a . Rona ld James Abernathy

- Not i ce of Violation and Order- DEQ Docket No
. 4669

- l 0, EQC Docket No
. 10-5203 b. Shawn McCoy- Notice of Vi olation and Order- DEQ Docket No. 4674 -1 0, EQC Docket No. 10-5204 c . Kev in Smith- Notice of Vi olat ion 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 Vill age- Not ice of Violation and Order- DEQ Docket No. 4677

- 10 , EQC Docket No
. I 0

-32 1 8 h. Trapper Trai ls Counci l

- Nat ional Forest Service- Notice of Violation and OrderDEQ Docket No. 4659-10, EQC Docket No
. I0

-3219I

5. DISMISSALS A. Croell Redi-Mix, Inc.- 09

-4806 -Ratify Order Denying Petition for Reconsiderat ion of Council's Decision on Rehearing made By Presiding officer- Ratify Order Denying Motion to Correct Record and Motion to Reopen Evidence.
6. HEARINGS/DEC I SI ONS 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/A QD- Ch apters 2,3,5,6, 11

- EQC Docket No. 10-210 l -July 8, 2010

- 1:0 0 P.M. B
. DEQ/WQD- Chapter 24- EQC Docket No. I0-3101- July 8, 2010-3:00 P.M. 8. DISCUSSIOI\ A
. Executive Secretary's Report- Jim Rub y 1. Budget Discussion 2. Classification of Po sit ion B. Attorney General's Report- Marion Yoder C. Appointmen t of Presiding Officers 1
. Milne Development Corporation- EQC Do cket No. 10-5601 2
. Croell Redi

-Mix, AQ Permit- EQC Docket No. I0-2803 ADJOURN

In accordance \\'ith the Americans with Di sabi litie s Act, spec ial assistance or alternate f ormats 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 requirement s fo r stationary internal combustion engines (subpart 

### JJJJ). Yates points out th e additional expense and time necessary to comply with these standards. Response: The AQ Divi sion is avvare that subpart 

### JJJJ presents additional burdens for the regulated indu stry; however, if the Di vision does not adopt th ese standards into State rule, the EPA will still require compliance \Vith the rule and the EPA \Yill regulate the indu stry directly. Unfortunately, the best time to have commented on the pc..rticulars of subpart 

### JJJJ was during t he federal rulemaking process for this subpart.I3EFORE TJ-IE ENVIRONMENTAL QUALITY COUNCIL S TATE 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 ELE VEN OF THE WYOMING ) A IR QUALITY STANDARDS AND REGULATIO NS ) STATEMENT Or PRINCIPAL REASONS FOR ADOPTION

I. The Envi ronmen tal Quality Council, purs uant to th e authority vested in it by the Wyom in g Statutes 35

- I I -1 I 2 (a) ( i), ha s revi se d or added the following chapters and sec tions to the Wyoming Air Quality S tandard s and Re gu lations. The following sections h ave been revi sed: Chapter 2, Ambient Standards, Sect io n I , Intro duction to ambient s tandards, Section 2, Ambient s tand ards f o r particulate matter, and Section I 0, Ambient s tandards for lead ; Chapter 3, General E mi ss io n S tandard s, Section 6, Emission standards for volatile organic compounds, and Sec ti o n 9, Inc o rp o ration by reference; Chapter 5, Natio nal E mi ss io n Standards, Section 2, New so urce performance standards, Section 3, Nat io nal emission s tandard s for ha zardo u s a ir pollutants, and Section 4, Incorp oration by reference; Chapter 6, Permittin g Requirements, Section I, Introduction to permitting requirements and Section 4, Preventi o n of sig nificant deterioration; and Chapter I I, Nationa l Ac id Rain Prog ram, Section 2, Acid ra in program. The following sections have bee n added: C h apter 2, Amb ient Standards, Sec ti on I2, In corporation by refereJice , and Append ix I, Interpre ta ti o n of th e Annu a l State Ambient Air Quality Standards for PM 10 ; and Chapter 6, Permi ttin g Requirements, Section I 0, Re se rved, Section 11 , Reserved , Sect ion I 2, Reserved, Section I 3, Nonattainment permit requirements, and Secti o n I4, In corpo rati on by reference. 2. Sectio n 35 - I 1- 202 (a) o f the E n v iro nmental Quality Act state s that the Adm ini strator, afte r consu ltati o n w ith the Adviso ry Goard, s hall recommend to the Director s uch amb ient air s tand a rd s and re g ul a ti o n s that may be nece ssa ry to prevent , abate, or control pollution. Section 35 - I I -202 (b) of the Act sta te s th at in rec o mmending s uch s tandard s the Ad mini stra tor s h a ll consider all fact s and circumstances bearing upon the reasonableness of the e mi ssions inv o lved includin g : (A) The c h arac ter and de gree o f injury to, o r interference with th e health and phy s ical we ll being of the p eop le, animal s, wildlife and plant life ; (13) The soc ial and economic value or the source of pollution; (C) The priority of loca ti o n in the a rea involved; (D) The technical practicability and econo mi c rea so nablene ss of red ucin g o r e liminatin g th e pollution; and (E) The soc ial welfare a nd aesthe ti c va lu e. 3. C hapter 2, A mbient Sta ndard s, Sect io n I , Introd uctio n to ambient s tandard s, was re v ised to describe a new Sectio n I2, In corporation by refe rence. Section 2, Amb ient s tand a rd s for particulate matter, was revi sed to make the St<ttc PM 2

_ 5 ambient s tandard s con s iste nt w ith current federal 

### PM 2
.s sta ndard s, but no m ore s tringent than rcclcral standard s. Sec ti on 2, A mbient s tand ards f o r particulate matter, was <tlso revi se d to retain the <InmwlJ 

## ,.

PM 10 s tandard as a State only**!:llld~1rd** for PM 1 0, along wi th a newly created Appendix I, Inte rp re tatio n of the An nu a l StMc Ambient Air Qual ity S tand a rd s for PM 10, to aid in determining attainment of the Stille**~umu~d** PfVI 1 o s tandard. The f.cdcral government dro pped th e an nu a l PMICJ s t<lncbrd on October ! 7, 2006. The annual PM1 o s tandard is being re tain ed as a u se ful permittin g**~111d compli~lllCC**  too l for s ources of fugitive du s t. Section I 0, Ambie nt s t<111dard s for lead,**w~ts** revi sed to make the Stale lead ambient standard s consis tent w ith cu rrent Fcdcrill lead sta ndards, bu t n o m o re s trin ge nt than f.cdcral s ta n da rd s. A n ew Sec ti o n 12, ln corpomtion by reference , was added to Chilptcr 2 to co n so lidate all adoptio n by relcrcncc f i.1 r the**ch~ lplcr**  in o n e place. Changes to Chapter 2, Ambient Standil rd s, Sect io n 2, Ambient**t~llldard s**  f o r particulate matter, and Section 10 , Ambie nt s tandard s f o r**c~ tcl** **,** in vo lve ck11 1 gcs to the Stale Implementation Plan (SIP). 4. Chapter 3, Ge n e ra l Em iss ion Sta nd a rd s, Sect io n G, Emis s io n s tandard s for volatile organ ic comp o unds, was m odified to include ' I 0 CFR § 5!.! OO( s ) and 51.! OO(s)(5) in the defi ni tio n of"vo lat il c o rga ni c compound s". Sec ti o n 9, In co rp o rilti o n by reference, was revised a s part o f the annual cr!ort t o ad o pt c han ges to the Federal definition, bringing th e vers io n up to elate as o f .Jul y I , 2008
. Clwptcr 3, General Emission Standard s, Section G, Emission s tandard s for volatile o rgan ic co mp ounds, and Sect io n 9, Inc o rp ora ti o n by reference, inv o lve c h a n ges to th e S IP
. 5. C h apter 5, Nat io na l E mi ss io n Standard s, Section 2, New so urce perf o rmance s tandard s Section 3, Nationa l em iss io n s ta nd ards for h azardous ai r pollutants, and Section 4, Inc o rp o ration by reference, and C hapt e r I I , Natio na l Ac id Rain Program, Section 2, Acid rain program, ha ve been updated as an <l nnu a l cf"fort to adopt by reference from the Code of federal Re g ulation s (CFR) f o r .Jul y I , 2008. So me min o r corrections were also mad e to C h apte r 5, Natio n a l Emission Standards, Sectio n 2, New source performance sta ndard s, to rc n cct the c han ge fro m th e u sc o r the phra se , "t he effective elate" to ''the date of p ro p osa l of that Stilnd a rd ". G. Chapter 6, Permitting Requirement s , Sect ion I, In troductio n to permitting requirement s, was revi sed to de sc ribe all s ection s in the ch: tptcr. The d e finiti o n o f " maj o r stationary so urce" under Sect io n 4, Prev e nti o n o f s ig nili c:lll l deterioration, was revi se d to e xc lude e th anol production faci Iiti cs f!·om th e term "c h cm ica l proce ss pbn ts" and rc fi nc the ca te go ry of p rim ary aluminum o re reduct io n pl:lnt s . The phra se "o r NOx" was added to the definitions o r " nwj o r s U.1ti o nary so urce"**111d** "Majo r modification" to make them co n s i s tent w ith 40 CFR § 5 1.1 66. Th e definiti o n or·' rcgu latcd NSR p o llutant" was al so revi se d to identify prec ur so rs f o r reg ulated p o llutants. Sec ti o n 4, Prevention of s ignificant deterioration, wa s al so re v ised to include a provi s io n to account f o r the conde n sa ble frac ti o n in particulate m a llcr emissio n s . The definition oC"significant" was revi sed to s pecify emi ss io n rate s f o r PM 2 . 5 nnd clar ify the rate unit s for municipal so lid was te landfill em iss ions. Min o r rc lcrcnce c o rre ct io n s were also made in thi s s ection. Sections 10, 1 I, and 1 2 we re "Reserved" f o r future rulcmakin g e ndeav o rs. Section !3, No nattainment pe rmit re quire ment s, was added to Chapter 

### 6 to incorporate by referen ce the Federal n o n a ttainm c nt re g ulati o n s und e r ti O CFR § 5 1.165. Thi s sec tion will allow the State, rat her than the EPA, to permit major so urces in n o nattainmcnt areas. Section 14, In corporation by ref ere n ce, was added to C hapter G to consolidate all adoption by refe rence for the c h ap te r in one pla ce. All cha n ges to Chapter G make State rules cons is tent with Federal rul es, but no m o re s trin ge nt than f.ederal rule s. Chan ges to Chap ter G, Permitting Requirement s , Sec ti o n 4, Preventi o n of s ignificant deteri o rati o n , Sec ti o n 1 3, Nonatta inm c nt p e rmit requ ire m ents, and Sec ti o n 14 , Inc o rp o ration by reference, in vo lve c h a n g e s to th e S IP. The Council find s tha t these regu lati o n s arc rea so nable and n ecessa ry to accompli s h th e p o lic y a n d purpo s e of the J\CT, as s ta led in W.S. 35 -1 1-1 02, and that they have be e n promulgated in accordance w ith rul e m ak in g prov is io n s of th e Wyoming Ad mini s trative Procedure s /\ct. Dated thi s 

# i//h clay of 

## __ .:.....:_ 

## __

Hearin g Examiner

- 

### Printed Name Wyoming Env ironmenta l Quality C o un c il

# J'u 

# !y-, 20 1 

## o.

2 l·leil rin g Examiner- 

### Signed Name Wyoming Environmental Quality Council

# J Department of Environmental Qual ity

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 

## ;. 4-5 3 95 

# % /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 ofthese changes involve updates to sections to be adopted by reference from the 2008 Code ofFederal Regulations (CFR). Other changes t o 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 rule s by reference in Chapter 6. Specifi c information on the changes can be found in the Statement ofReasons. 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 15 2009 

## g;--(f--H----------A.-G QVERNOR'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.**~ ~**  

## ;.>j r r;/a 1**~-~** 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 t

he 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 oftheW AQSR entitled "Common Provisions" were originally adopted in 1970. On October 29, 1999, the WAQSR was re structure d 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 "PM 2

_ 5 ." 

### On March 30, 2000, the Secretary of State filed these amendments as final. Portions of Chapter 2 ofthe WAQSR entitled "Ambient Standards," were originally adopted in 1970. On October 29, 1999, the WAQSR was restructured into its current chapter-b ased 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

# I
I 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 cont rol 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 WAQSR 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 rule s 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
. Ple as e call me if you have any questions.

Nancy Sr. Asst. Attorney General

### CERTIFICATION PAGE FOR RULES Adoption dat e: Febru ary 18. 2000 To guarantee review by the Secretary of State within the 60 day deadline, this package must be submitted to the S ecretary 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 Ol so n, Administrator, Air Quality Division Work Telephone : (307) 777- 7391 2. Are these new rules? ("new"

- means the fir st 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\.

o oJ · , 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 purpo se ofthe statutory authority

. Therefore, I approve the sam e.



# . '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

R

ichard 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 rNFORMATlON 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 requirement s for construction , modification and ope r ation. 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 s uch revie w. 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 Attorne v

# Da~~~ Assistant Director35-11-112. Powers and duties of the environmental quali t 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

# ~LOGGE**D**

ADMINISTRATION

(307) 777-7758 FAX 777-7682 

# Department of Environmental Quality

_ Herschler Building ABANDONED MINES (307) 777-6145 FAX 777-6462 1 22 W est 25th Street
AIR QUALITY (307) 777-7391 FAX 777-5616 INDUSTRIAL SITING (307)**777-7~68** FAX 777-6937 

# • Cheyenne, Wyomi n g 82002
LAND QUALITY (307) 777-77 56 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. 25 1h 

### 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 ofEnvi ronmental Qual ity Herschler Bldg ., 4th Floor Agency Contact Person for these Rules: Dan Olson , Administrator, Air Quality Di vision 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 Pro visions Chapter 2, Ambie n t 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 reque st 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

. I0
. 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 th at the foregoing information i

Date 

### 2- 2 2

- C() Title : Director. Department of Environmen tal Qualitv GOVERNOR'S CERTIFICATION I have re viewed 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 th e legislative purpose of the statutory authority

. Therefore , I approve the same.

Date Approved GovernorBEFORE 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 tec hnical 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,, (par ticulate 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 re vLsed 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 fed eral 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 longera feder a l cmDlent Partic u late standard

. Remov al of the TSP st a nd ard will bring- Wyom ing partic u late standa r d s i n li ne wi t h federal particulate s tan d ards and w ill m ake Wy oming partic u late**s~andards** no more string e nt than fe der al 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 ) h a s been modified to explain that m o re 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 pro v ide a more practic al rendition of the existing regulations. 7. Ch a pter 6, Permit Requirements, Section 2, Permit reauireme nts for construction, modification and operat i on has been revise d to remove the significance le v el for TSP ( total suspende d particulate )
. This change is done in conjunction with the removal of the TSP standard fr om Chapter 2, Secti o n 2
. The TSP significance level is no longer meaningful without a referenced ambient standard. This change m irrors requiremen ts in current federal regul a ti o n 40 CFR part 51.1 66 and is n o more stringent. The Council finds that these reg u lations are r ea so na ble and ne cessary to accomplish the p o lic y and purp o se of the Ac t , as stated in**~I.S.** 35·11-1 02 , and t hat the y h av e b een pr omulg ate d in a ccordance wi th r u le ma kin g pr ov i sio n s o f the Wyomi ng A dm in i strat ive Pro cedu r e s Act
. I Q -l3 D

a te d t his n day of February, 2000
.

. / I**om ~n** **g E~** **on ental**  Quali t y**Co ~cil**  lJ ICI< 

## :s.**B~ AS** 

2I 

### 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 "PM 2

_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 PM 2

_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 PM 2

_5 

### standard was promulgated in 40 CFR part 50 in July of 1997, the State must adopt the PM 2

_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 operatio n 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.1AQS&R). Chapter 1, Common Provisions, Section 3, Definitions, is being revised to add definitions. Standardized definitions are u sed throughout WAQS&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 PM 2

_ 5 

### (particulate matter 2.5 microns in diameter and smaller). The Division must adopt the PM 2

_ 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 PM 2

_ 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, Suite D, Sheridan, Wyoming. Electronic copies of the rules will be available D ecember 31 , 1999 at http://deq.state.wy.us/aqd.htm Written comments ma y be submitted prior to the public hearing at the following addre ss :.,. 

# .

, , 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.Newspap er Casper Star Tribune Wyoming Tribune Eagle Gillette News-Record Rock Springs Daily Rocket Miner D ate 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

. Casp e r WY 82 60 9 .·

SOLD TO:



## ·state · otWy

. . ..... . ·. .·.·. .·



# . DEQ/Al. R**Ql)~l.JfY** 

## DIVISION 

## 122 

# W 2stt-t · STREET •···. · • . ·.·.· · · _ ..•: · HERSCHLER BUILDING • · ·•·_: 

## cHEYENNE 

# \IVY 

# a2oo2

..... · ·. I N VOI C E NO

. • 143

.· I NVO ICE DATE 0 1/ 19/00

O UR AC CT NO. ' 1909

. ORDE R NO

. T ERMS 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:

. PamKi one · (307) 266-051 0 Email: pl<lone@trib.com 20

. 00 0 0 0 $259

.70

0 $2 59. 70

Please return copy of**invoi~e** .· · with your remittance. Thankyou.r ryarN\:"'D'a,

....... -- .**---Rsarvlvm'S"'~nml:!'t1rs,..,.,wn"'"""o"" ori"'t** **.....-....,.vmrro~ '** **~l"lovn"linfi fier-·---** **-,_.,, .**  1 Iwas 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 i sters, Theresa ;acola, Fla., and ek of Buffalo. led in death by infant sister. Funeral Chapel arrangements. 

# th )ll 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 requestfor individuals with

.. .. ·- ......**~,** .[PleasePrintYOURNA1'1E-f)/56;V&bL<ADUl'TlONOFPROPOSEDREVISIONSTOCHAPTER1,CHAPTER2,CHAPTER3,CHAPTER6OFWAQS&RHERSCHLERBUILDING(Room1699)122WEST25THSTREET,CHEYENNE,WYOMINGFEBRUARY17,2000-1:00PMNAMEANDADDRESSOFCOMPANYORORGANIZATION6---A;;cI(JI(;;-<L;_,/{ri:/\".t'l{o1k<:::...DI,_-=-\I/)t1{MtfJ,)J;;-.r;,STATEMENTYESNOORALWRITTEl'-e;--·A.THESTAT E
- OF WYOMI NG

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 1-17-00JIM GERINGER GOVERNOR

The Environmental Quality Council is s cheduled to h old a publi c meeting on Thursday , February 17 ,2 000 at the H erschler Building , Board ofEqu alizatio n Bo ard R oom No. 1722, West Wing, 122 W. 25th Street, Cheyenne, WY
. The meeting will b egin at 9:00 a .m . After lunch break or at 1: 00 p .m., a hearing will b e held in Ro om 1 699
. At the c onclu sion of the h earing, the m eeting 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, D ocket No. 313 7

- 99

- Order Approving N OV & Order. WQ d. H & K Mobile Home Park, D ocket No
. 3143

- 99

- Order Approving NOV & O rder. WQ e . Domson, Inc. , Permit No
. 9 11 ET, D ocket 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, D ocket No. 3151-99

- Terri Lorer1zon. LQ 6. Office Work Update 7
. Schedule next meeting 8. Recess 9. Hearing - 1 : 00 P
. M .- R oom 169 9

- Air Qu a lity R ul es an d Regu lation s : 

### .-::=:; I. Proposed changes to Air Quality Chapters 1, 2, 3, and 6. II. Proposed modification of Truck Dump Permit Condition s . 10
. Recon vene meeting 11. Adjoum All EQC ag end as can also be viewed on the Web at this address : http : //deq

. state.-w)7 . us/eqc
.htmNOTICE 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 Pro visions, Section 3, Definitions, is being revised to add definitions

. Standardized definitions are used throughout WAQS&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 PM 2 . 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 PM 2 . 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 table s apply. Chapter 6, Permit Requirements, Section 2, Permit requirements for construction. m odification 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 Qu ality, 122 West 25th Street , Herschler Building, Cheyenne, Wyoming; the C asper District Office, 3030 Energy Lane, Casper, Wyoming; the Lander District Office, 250 Lincoln Street, Lander, Wyoming; the Sherid an 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 acc ordance w ith the Americ ans with Disabilitie s Act, speci a l as sistanc e or alternate formats will be made avail a ble upo n requ e st for individu als with disabilities.JIM GE R INGER GOVERNOR OF WYOMING 

# Depart ment o f Environmental Quality Herschler B uild i ng 

# • 1 22 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 S ITING (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, W yoming 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, b een in contact with Vicki Stamper of your staff and we believe that the larger issues have b een 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 Qu ality Division could approve an alternative or equivalent method to the Environmental Protection Agency (EPA) reference method for measuring PM 2

_ 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 PM 2

_ 5 . The State h a,s corrected the phrase to re ad "EPA Administrator"

. The State has also corrected similar problematic language in two other locations within the ex isting definition of "P articul ate matter" directly preceding the definition of PM 2 5 • You commerited as well on our proposal in Chapter 3, Section 2( e) to clarify when the 40 percent opacity limitation app lies. EPA appears to agree th at the Chapter 3, Section 2(e) provision should not apply in a case where a more stringent emission limit has been established elsewhere in th eWAQS&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 ofthe 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 h ave 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 becaus e we believe that the standard is not serving the purpose for which it was retained. In 1988, after promulgation of the PM 10 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 PM 10 . 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 PM 10 and possible overlaps with other monitoring in the vicinity.

s for rel ax ing existing pennitted PM emission limits as a result of deleting th e TSP aml2ient standard, such an action i s contrary to the State's basic philosophy of minimi z ing 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 -0 799



### 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 rulem aking

. The Air Quality Division (AQD) is proposing the following revisions : Chapter 1, Common Pro visions ; 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 PM 2

_ 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 willI

Memorandum Governor Geringer Page2 bring Wyoming particulate stand ard s 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 ofthe 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 ofthe TSP standard from Chapter 2, Section 2
. The significance levels are no longer meaningful without a referenced ambient standard

. 

### RECO MMEND ATIO N : R eview and appro ve to proceed w ith ru lemaking 

### GO VERN OR ' S RESP ONSE OPTIO NS: £ oceed (Agency may proceed)

_ D elay public commen t and set up meeting w i th

# J.**~** Go vernor ' s staff represe ntativeI' ' 

### 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 ofthis 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 ofthe proposed rule changes

. These concerns have been discussed with Tina Jenkins ofyour 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 ofthe 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 p a rticulate (TSP) in Section 2 of Chapter 2
. While this is acceptable as EPA repealed the na tional ambient standard for TSP over ten years ago, we are curious as to whether the State plan s on relaxi ng 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 whi ch the State committed to operate as part of the " ambient air" SIP. We would greatly apprec iate hearing back from you on these implementation issues

. 

# 0 Pri nted on R ecycled Paper

### If you would like to discuss any ofthese 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 ofDecember. 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 ofthe 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 ofthe 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) ofthe Clean Air Act (Act). Any alternative method to an EPA reference method for measuring PM 2

_

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 M arch 5, 1996 " White Paper Number 2 for Improved Implementation of The Part 70 Operating Permits Program" explain s 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 stre amlining multiple requirement s are spelled out in White Paper Number 2, which w e
1have 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, 

### ifthe 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. 

### Ifthe 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 ofthe national ambient air quality standards (NAAQS) or any other applicable requirement of the Act. (See sections 110(1) and 193 ofthe 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 ofthe 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 u nderstand 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 ofthis deletion ofthe 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.

2August25, 1999

Mr. Dan Olson, Administrator Department of Environmental Quality Air Quality Division 122 West 25 1 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. Env ironmental 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

. Th e 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 Part iculate Matter is int ended 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 EmoloverDan 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 82601THE STATE

JIM GERINGER

GOVERNOR OF WYOMING 

# Department of Environmental Quality Herschler Building 

# • 122 W es t 25 t h S tree t 0 Cheyenne, Wyomi n g 82002 ADMINISTRATION

(307) 777-7758 FAX 777-7682 ABANDONED M INES (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 & HAZARDOU S 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 h ave commented on the State's plan to adopt the PM 2

_ 5 standard as well as the State's plan to alter fugitive dust requirements. In your comment dealing with adopting the PM 2

_ 5 standard, you h ave recommended th at 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 particul ate matter standard. State monitors were deployed in the fall of 1998 in the communities of Cheyenne and Sheridan, which is a nonattainment area for PM 10 . Plans are currently und erway 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 h ave begun PM 2

_ 5 monitoring. A two yearjoint research project was started this summer in the Powder River Basin which will correlate meteorology, regional mining activities and measured PM 2

_ 5 concentrations

. Fine particul ate 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 th at 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 n ew or revised standard within 3 years ofpromulgation of such standard. Since theMr. 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 PM 2

_ 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 PM 2

_ 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 change s 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