### REDLINE/STRIKEOUTVERSION FORINFORMATIONALPURPOSES ONLY
PermittingRequirements CHAPTER6 Section 4. 

### Prevention ofsignificantdeterioration. (a) Definitions. For purposes ofthis section: Draft 7/31112



### "Actualemissions"means the actual rate ofemissions ofa regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (i) through (iii) ofthis definition, except that this definition shall not apply for calculating whether

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

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

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

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## I 

# I I I

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### I iDraft 7131112
(i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these regulations and other new source performance standards and national emission standards for hazardous airpollutants promulgated bythe EPA but not yet adopted bythe State ofWyoming. (ii) Any otherapplicable emission limit in these regulations. (iii) The emission rate agreed to by the owner or operator as an enforceable permit condition. 

### "Baseline actualemissions"meansthe rate ofemissions, in tons peryear, ofa regulated NSRpollutant, as determined in accordance with paragraphs (i)through (iv) of this definition. (i) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected bythe owner or operator within the 5-yearperiod immediately preceding when the owner or operatorbegins actual construction ofthe project. TheDivision shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) For a regulated NSRpollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSRpollutant. (D) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired byparagraph (i)(B) ofthis definition. (ii) For an existingemissions unit (otherthan an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actuallyemitted the pollutant during any consecutive 24-month period selected bythe owner or operatorwithin the I0-year period immediately preceding eitherthe date the owner or operator begins actual construction ofthe project, or the date a complete permit application is received bythe Division for a Chapter 6, Section 4

6-2Draft 7131/12 permit, whichever is earlier, exceptthat the 1 0-yearperiod shall not include any period earlierthan November 15, 1990. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with whichthe major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period; however, ifan emission limitation is part ofa maximum achievable control technology standard that the EPA Administrator proposed or promulgated under 40 CFR 63, the baseline actual emissions need only be adjusted ifthe Division has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of40 CFR 51.165(a)(3)(ii)(G). (D) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSRpollutant. (E) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired byparagraphs (ii)(B) and (C) ofthis definition. (iii) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (iv) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (i) ofthis definition, for other existing emissions units in accordance with the procedures contained in paragraph (ii) ofthis definition, and for a new emissions unit in accordance with the procedures contained in paragraph (iii) ofthis definition. 

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

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have an air quality impact for the pollutant for which the baseline date is established as follows: Equal to or greaterthan 1Jlg/m3 (annual average) for S02, N02, orPM 10; or equal to or greaterthan 0.3 Jlg/m3 (annual average) for PM25 . (i) The following baseline areas have been designated as separate particulate matter attainment areas under section 107 ofthe Clean AirAct: (A) The Powder River Basin Area, described as that area bounded by Township 40 through 52 North, and Range 69 through 73 West, inclusive ofthe Sixth Principal Meridian, Campbell and Converse Counties, excludingthe areas defined as the Pacific Power and Light attainment area and the Hampshire Energy attainment area. (B) The Pacific Power and Light Area, described as that area bounded by the NWV4 ofSection 27, T50N, R71W, Campbell County, Wyoming. (C) The Hampshire EnergyArea, described as that areabounded by Section 6 excludingthe SWV4;**E~** Section 7; Section 17 excludingthe SWV4; Section 14 excluding the SEV4; Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 ofT48N, R70W and Section 26 excluding the NEV4; SWV4 Section 23; Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34,35 ofT49N, R70W, Campbell County, Wyoming. (D) The Kennecott-Puron Area, described as the area bounded by the WY2SW 1 

### 1.! Section 18,**W~NW 4,**  NWV4SWV4 Section 19, T47N, R70W,**S~** Section 

### 13,**N~, N~SWV4,** **N~SEV4** Section 24 T47N, R71W, Campbell County, Wyoming. (E) The remainder ofthe State ofWyoming. (ii) Anybaseline area established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM10 increments. 

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

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

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

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

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

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

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

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

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

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

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

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

6-6Draft 7131112

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

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

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

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

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

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

### "GreenhousegasesfGHGs) ", the air pollutantdefined asthe aggregate 

### group of six menhouse gases; carbondigxide, nittous gxide, methape, hydrofluorocarbons, perfluorocarbons, WJd sulfurhexafluoride, shall notbe subj®t

### to regulation exceptas nroyjded 

### in pamgraph

## om ofthis siefinition. (j) Forpumoses of0Qfagraphs Ciil apd 

### Ciiil ofthisdefinition,

### th9 term 

## "mv CQ, 

### equiyqlent

# emissions fCO?fl"shallrepresent an aroount ofGHGs emitted, and shall becomouted

# as follows;

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(A) 

### Multiplying the mass 

### amOUnt ofemissions (tpyl, 

### for each of the six greenhouse gages in the pollytantOHGs. bythe gag's agSQCiated global warming

# ~~~**iilit4~¥~-ilif.v:,. ~A\** **~** for publjc

### jnspection 

### !!QII

# W~~ CW1

# b!i

# ~J!l

# cost

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## ~

# L ; -kO

# s Environmem,al OuaJity. DiyisiqnofAir

## ouw.ity.l2%

# w. 25 

## 7

## Stre<; Cheyeune.,Wvoming ;

## ~"" 82002. Coptes ofthe CFRs can also be obtamedatco§tfrom 

### Goyemment Institutes. 15200NaNWay. Building B.·BlueRidge Summit. PA 17214. <Bl Sumthe resultantyalue from paragraph (i}(Al ofthis defmition for each gas

## to compute atoy COzS!. CCl Priorto

### July21. 2014. the mass ofthe greenhouse gas 

### carbon dioxide shall notinclude carbon

## dioxide emissionsre§\\lting from t))e combustion or decompositign·gfnQD-fossiljzedand bigclegradabJe organic material originating

## from plants. animals. ormicro-organismS (including productS, by-productS. residueS apd Waste 

### from agriculture. forestry and relate4 industries as we)l

## as the non-fossUized arld biodegradable,organic fractions of

### ingpstriaJ andtpnniclpalWastes. inchaaing gageS ana ligui$recovered frOm the decompositionqfnon-fossilize<i and biodegradable organjc material>. <ii> 

### The term "emissions increase"

### as

## used in paragraph (iiil 

### ofthis definition shall meanthatbgth asignificaptemissions increase (as 

### galculareausing the procedures in (b)(i)(J) oftJJis section) ana asignificant

### Pet emissions increase 

## las "net emissiqps increase" ana "signifkant"

# are defined in this S¢ctionl occur. Fqrthe pollutaot GHGs. 

## an emissions increase s4a11 bebased on tov

### COze. and 

### shallbe

### calculatea assuming the pollutantGHGs is aregulateaNSR p0

### Hutant ana "significant" is aefined as 75.000 tpy

### COze instead ofapplyingthe proyisiqns in Paragraphs <iilqr <iiil ofthe definition qf"significapf' inthis section, 

### Ciiil The pollutant GHGs is subjectto regulation ifthe stationary source

<Al Anew maior statiQnatysourc;e for aregulated

## NSRpollutant that is not GHGs. 

## and alsqwill emitotwill·hayethepotential toemit75.000

# tpy CQze or mqre;or ffi) 

## An exi§tingmajor slatignary source for aregyjatedNSR pqllutagtthatis nqt GHGs. and also wiiJ 

### hays; an emissions increase qfaregulated NSR pqllytant and at1 

### emissiqns increase of?5.000toyCQzegrmore; or. <C) 

### A new stationary sourcethatwill emitorhaye the 

### ootentialto emit 100.000 toy CQ,e; or

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(Q) An QJ,i§ting stationary §OU[Ce thatemits orhasthepoteotial to emit 

### WQ.OOO tpy

### <;Oze. when

## suchStationary source ypdertalres a physical cbange

## or ch§pgeint1Jemethod ofoperationthatwill result in

## an emissions increase of75.000tpy 

### C<Qx ormore. 

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

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

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

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

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

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

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

6-9Draft 7131/12 "Significant emissions increase" in this section) from any emissions units ornet emissions increase (as defined in the definition for "Net emissions increase" in this section) at a major stationary sourcethat is significant for volatile organic compounds or NOx shall be considered significant for ozone. (i) A physical change or change in the method ofoperation shall not include: (A) Routine maintenance, repair and replacement. (B) Use ofan alternative fuel by reason ofan order under section 125 ofthe Federal Clean Air Act; (C) An increase in the hours ofoperation or in the production rate, ifsuch increase does not exceed the operatingdesign capacity ofthe major stationary source unless such change would be prohibited by, or inconsistent with, an enforceable permit issued bythe Division; (D) Use ofan alternative fuel or raw material byreason ofan order in effect under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), orby reason ofa natural gas curtailment plan in effect pursuant to the Federal PowerAct; (E) Use ofan alternative fuel orraw material, ifpriorto January 6, 1975, the source was capable ofaccommodating such fuel or material unless such change would be prohibited by, or inconsistent with, an enforceable permit issued bythe Division, or ifthe source is approved to use such fuel or material through an enforceable permit issued under these regulations; (F) Change in ownership ofthe stationary source; (G) The use ofmunicipal solid waste as an alternative fuel at a steam generating plant; (H) The installation, operation, cessation orremoval ofa temporary clean coal technology demonstration project, provided that the project complies with: (I) The Wyoming State Implementation Plan, and (II) Otherrequirements necessaryto attain and maintain the national ambient air quality standards during the project and after it is terminated. (I) The installation or operation ofa permanent clean coal technology demonstration projectthat constitutes repowering, provided thatthe project

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

### "Majorsourcebaseline date" means: (i) In the case ofPM 10 and sulfur dioxide, January 6, 1975; and (ii) In the case ofnitrogen dioxide, February 8, 1988. (iii) In the case ofPM2.s, October 20, 2010. 

### "Majorstationarysource"means (a) any ofthe following stationary sources of air pollutants which emit, orhave the potential to emit, one hundred tons per year or more ofany air pollutant for which standards are established under these Standards and Regulations or under the Federal Clean AirAct. 

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

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volatile organic compounds orNOx is considered to be major for ozone. (e) Such

## term also includes any source ofgreenhouse gases as siefined 

### in Chanter 6, Section4Ca). but only 

### if;

. the greenhouse gases·are

### subipcttpregulqtiopppder subsection

### Ciiil ofthat definition, 

### and the source'spotePtjal

## tp emitgreet)house

..gases ex'A(eds 100

### toy ona mass basjs iflisted

## under Cal ofthis4efinitionof"Maigr stationary source,'or250

## tpy on a mass basis iflisted

## under (b) ofthjsdefinition**Qf'~Maior** stationary SQUtce." 

### "Minorsourcebaselinedate" means the earliest date after August 7, 1977 for PM 10 and sulfur dioxide, and afterFebruary 8, 1988 for nitrogen oxides, and after October 20, 2011 for PM2.5 on which a major stationary source ormajor modification submits a complete permit application under Chapter 6, Section 4(b) orunderthe Federal Clean Air Act. (i) The minor source baseline date for sulfur dioxide for the State of Wyoming is February 2, 1978. (ii) The minor source baseline date for nitrogen oxides for the State of Wyoming is February 26, 1988. (iii) The minor source baseline date for PM10 is as follows: (A) Forthe PowderRiver Basin Area- March 6, 1997; (B) Forthe Pacific Power and Light Area- June 18 1980; (C) Forthe Hampshire EnergyArea- September 30, 1982; (D) Forthe Kennecott-Puron Area- February 27, 1995; (E) Forthe rest ofthe State ofWyoming- February 22, 1979. (iv) The baseline date is established for each pollutant for which increments or other equivalent measures have been established, if: (A) The area in which the proposed source ormodification would construct is designated as attainment or unclassifiable under the Federal Clean AirAct for the pollutant on the date ofits complete application; and (B) In the case ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa majormodification, there would be a significant net emissions increase ofthe pollutant. (v) The baseline date is not established bythe permit application for an emitting source ormodification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a), (2) qualified as "major" priorto

6-12Draft 7131112 August 7, 1980 only because fugitive emissions were included in determining potential to emit, and (3) submitted a complete permit application under Chapter 6, Section 4(b) or the Federal Clean Air Actpriorto August 7, 1980. (vi) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM10 increments. 

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

6-13Draft 7131112 (vii) A decrease in actual emissions is creditable onlyto the extent that: (A) The old level ofactual emissions orthe old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (B) It is enforceable as a practical matter at and afterthe time that actual construction on the particular change begins; (C) It has approximatelythe same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and (viii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, notto exceed 180 days. (ix) The definition of"Actual emissions" ofthis section, shall not apply for determining creditable increases and decreases. 

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

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

### 02 or 

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

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

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

6-14Draft 7131112 (i) In determining the projected actual emissions under the above paragraph ofthis section (before beginning actual construction), the owner or operator of the major stationary source: (A) Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections ofbusiness activity, the company's filings with the State orFederal regulatory authorities, and compliance plans approved bythe Division; (B) Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; (C) Shall exclude, in calculating any increase in emissions that results from the particular project, that portion ofthe unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under the definition for "Baseline actual emissions" ofthis section and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or, (D) In lieu ofusing the method set out in paragraphs (i)(A) through (C) ofthis definition, may electto use the emissions unit's potential to emit, in tons per year, as defined under the definition of"Potentialto emit" ofthis section. 

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

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

6-15Draft 7131112 (i) Anypollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this paragraph as a constituent or precursorto such pollutant. Precursors identified bythe EPA Administrator for purposes ofNSR are the following: (A) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas. (B) Sulfur dioxide is a precursor to PM25 in all attainment and unclassifiable areas. (C) Nitrogen oxides are presumed to be precursors to PM2.s in all attainment and unclassifiable areas, unless the State demonstrates to the EPA Administrator's satisfaction orEPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not a significant contributorto that area's ambient PM2.5 concentrations. (D) Volatile organic compounds are presumed notto be precursors to PM2
.5 in any attainment or unclassifiable area, unless the State demonstrates to the EPA Administrator's satisfaction orEPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributorto that area's ambient PM2

.5 concentrations.

(ii) Anypollutantthat is subject to any standard promulgated under section Ill ofthe Federal Clean AirAct; (iii) Any Class I or II substance subjectto a standard promulgated under or established by Title VI ofthe Federal Clean Air Act; (iv) Any pollutant that otherwise is subjectto regulation underthe Federal Clean AirAct; except that any or all hazardous air pollutants either listed in section 112 oftheFederal Clean Air Act or added to the list pursuant to section 112(b)(2) ofthe Federal Clean Air Act, which have not been delisted pursuant to section 112(b)(3) ofthe Federal Clean Air Act, are not regulated NSRpollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor ofa general pollutant listed under section 108 ofthe Federal Clean Air Act. (v) [Reserved.] (vi) Particulate matter (PM) emissions, PM2.s emissions, and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On orafter January I, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishingemissions limitations for PM, PM2

.5 and PM10 in PSD permits. Compliance with emissions limitations for PM, PM2

.5 and PM10 issued priorto this date

6-16Draft 7131112

shall not be based on condensable particulate matter unless required bythe terms and conditions ofthe permit orthe applicable implementation plan. Applicability determinations made priorto this date without accounting for condensable particulate matter shall not be considered in violation ofthis section unless the applicable implementation plan required condensable particulate matterto be included. 

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

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

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

6-17Draft 7/31/12

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

### "Significant"means: (i) In reference to a net emissions increase orthe potential ofa source to emit any ofthe following pollutants, a rate ofemissions that would equal orexceed any ofthe following rates: POLLUTANTAND EMISSIONS RATE Carbon monoxide: Nitrogen oxides: Sulfur dioxide: Particulate matter:

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

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

.5 emissions; 40 tpy ofsulfur dioxide emissions; 40 tpy ofnitrogen oxide emissions unless demonstrated not to be a PM2

.5 precursor under the definition of"RegulatedNSRpollutant" in Section 4(a) ofthis chapter 40 tpy ofvolatile organic compounds or nitrogen oxides 0.6 tpy 3 tpy 7 tpy 10 tpy 10 tpy 10 tpy

3.2 X 10-6 megagrams per year (3.5 X 10-6 tons per year) 14 megagrams per year (15 tons per year)Draft 7131112 Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride):36 megagrams per year (40 tons per year) Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year) (ii) "Significant" means, in reference to a net emissions increase orthe potential ofa source to emit a pollutant subjectto these regulations and regulations under the Clean AirAct, that paragraph (i) above does not list, any emissions rate. (iii) Notwithstanding paragraph (i) above, "significant" means any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 10 kilometers ofa Class I Area, and have an impact on such area equal to or greater than 1flg/m3 (24-hour average). "Significantemissions increase"means, for a regulated NSRpollutant, an increase in emissions that is significant (as defined in paragraph (i) ofthe definition of "Significant" in this section) for that pollutant. "Stationary source"means any structure, building, facility, equipment, installation or operation (or combination thereof) which emits or may emit any air pollutant subject to these regulations or regulations under the Federal Clean Air Act. "Structure, building, facility, equipment, installation, oroperation"means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are underthe control ofthe same person (orpersons under common control) except the activities ofany vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the sameMajor Group (i.e., which have the same two-digit code) as described in the StandardIndustrial ClassificationManual, 1972, as amended bythe 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005- 00176-0, respectively). "Temporary clean coaltechnology demonstrationproject"means a clean coal technology demonstration projectthat is operated for a period of5 years or less, and which complies with the Wyoming State Implementation Plan and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. "Volatile organic compounds (VOCs)" is defined in Chapter 3, Section 6(a) of these regulations.

6-19 

### ., /Draft 7131112
(b) Anyperson who plans to construct any major stationary source orundertake a major modification ofan existing stationary source shall be subject to the conditions outlined below. (i) (A) (I) The review ofthe stationary source for the construction ormodification permit(s) required underChapter 6, Section 2 ofthese regulations shall apply and shall be expanded so as to include analysis ofthe predicted impact ofthe allowable and secondary emissions from the stationary source on the ambient air quality in areas affected by such emissions. An analysis ofthe predicted impact ofemissions from the stationary source is required for all pollutants for which standards have been established under these regulations orunder the Federal Clean Air Act and which are emitted in significant amounts. An analysis ofthe impact ofotherpollutants maybe required bythe Administrator. Such analysis shall identify and quantifythe impact on the air quality in the area ofall emissions not included in the baseline concentrations including, but not limited to, those emissions resulting from the instant application and all otherpermits issued in the area. The purpose ofthis analysis is to determine the total deterioration ofair quality from the baseline concentrations; however, projections of deterioration due to general non-stationary source growth in the area predicted to occur afterthe date ofapplication is not required. A permit to construct pursuantto Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are complied with and ifthe predicted impact (over and abovethe baseline concentration) ofemissions defined above is less than the maximum allowable increment shown in Table 1 for the classification ofthe area in which the impact is predicted, and ifthe ambient standard for the pollutant(s) is not exceeded. Table 1 Maximum Allowable Increments ofDeterioration- J.lg/m3

Pollutant Particulate Matter: PM2s, annual arithmetic mean PM2.s, 24-hrmaximum PM 10, annual arithmetic mean PM10, 24-hour maximum SulfurDioxide: Annual arithmetic mean 24-hourmaximum* 3-hourmaximum* Nitrogen Dioxide Annual arithmetic mean Class I 1 2 4 8

2 5 

### 25

2.5 Class II

4 9 17 30

20 91 

### 512

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

6-20Draft 7131112
(1.) For purposes ofPM2.5, the demonstration required in paragraph (b)(i)(A)(I) ofthis section is deemed to have been made ifthe emissions increase from the new stationary source alone or from the modification alone would cause, in all areas, air quality impacts less than the amounts specified in Table 2.

Pollutant Table 2 PM2.s Significant Impact Levels AveragingTime Annual 24-hour Class I 0.06 J.lg/m3 0.07 J.lg/m3 Class II 0.3 J.lg/m3 1.2 J.lg/m3 (II) Notwithstandingthe provisions ofparagraph (b)(i)(A)(I) above, the following concentrations shall be excluded in determining compliance with maximum allowable increases: (I.) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use ofpetroleum products, natural gas, orboth by reason ofan order in effect under sections 2(a) and (b) oftheEnergy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) overthe emissions from such sources before the effective date ofsuch an order. No such exclusion shall apply for more than five years afterthe later ofsuch effective dates; (2.) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas byreason ofnatural gas curtailment plan in effect pursuantto the Federal Power Act overthe emissions from such sources beforethe effective date ofsuch plan. No such exclusion shall apply for more than 5 years afterthe later ofsuch effective date; (3.) Concentrations ofparticulate matter attributable to the increase in emissions from construction orothertemporary emission-related activities ofnew ormodified sources; (4.) The increase in concentrations attributable to new sources outside the United States overthe concentrations attributable to existing sources which are included in the baseline concentrations; and (5.) Concentrations attributable to the temporary increase in emissions ofsulfur dioxide, particulate matter, or nitrogen oxides from stationary sources as specified below.

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

6-21Draft 7131112

b. The 2-yeartime period is not renewable.

c. Such temporary emissions are not eligible for exclusion ifthey would impact a Class I Area or an area where the applicable increment is known to be violated or an areawhere they would cause orcontribute to a violation ofthe applicable ambient air quality standard. d. At the end ofthe temporary emission time frame, emissions from the stationary source causingthese temporaryemissions shall not exceed those levels occurring at such source priorto such temporary emission. (B) In addition to the analyses required under Chapter 6, Section 4(b)(i)(A) above, (I) The owneroroperator shall provide an analysis ofthe impairmentto visibility, soils and vegetation that would occuras a result ofthe source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial orrecreational value. (II) The owneroroperator shall provide an analysis ofthe air quality impact projected for the area as a result ofgeneral commercial, residential, industrial and other growth associated with the source ormodification. (C) The requirements for demonstration ofcompliance with applicable increments ofChapter 

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

### 6, Section 4(b)(i)(E) shall not apply to a proposed major stationary source ormodification with respect to a particularpollutant ifthe Administrator determines that: (I) The increase in allowable emissions ofthat pollutant from the stationary source orthe net emissions increase ofthat pollutant from a modification would be temporary and would impact no Class I Areaand no area where an applicable increment is known to be violated; or (II) The stationary source was in existence on March 1, 1978, and that the maximum allowable emission increases only impact Class II Areas, and that after application ofBACT, the increase in allowable emissions ofeach pollutant would be less than 50 tons per year. (D) Fugitive emissions, to the extent quantifiable, will be considered in calculating the potential to emit ofthe stationary source ormodification onlyfor:

6-22Draft 7131!12 (I) Sources listed in Chapter 6, Section 4(a) underthe definition of"Major stationary source", item (a). (II) Any other stationary source category which, as of August 

### 7, 1980, is being regulated under section 

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

6-23Draft 7131112

a. Carbon Monoxide- 575 Jlg/m3

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

, annual average;

c. PM2.s - 4 Jlg/m3

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

e. Sulfur Dioxide

- 13 Jlg/m3

, 24-hour average; f. Ozone (No 

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

g. Lead- 0.1 Jlg/m3

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

, 24-hour average; 

### i. Total Reduced Sulfur

- 10 Jlg/m3

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

, 1-hour average; 

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

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

6-24Draft 7131112

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

6-25Draft 7131/12 (I) The owner oroperatorofthe source shall make the information required to be documented and maintained pursuant to paragraph (b)(i)(H) ofthis section available for review upon request for inspection by the Division orthe general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). (J) (I) Except as otherwise provided in paragraph (b)(xv) of this section, and consistent with the definition of"Majormodification" contained in Section 4(a), a project is a majormodification for a regulated NSRpollutant ifit causes two types ofemissions increases- a significant emissions increase (as defined in the definition for "Significantemissions increase" in Section 4(a)), and a significant net emissions increase (as defined in the definitions for "Netemissions increase" and "Significant" in Section 4(a)). Theproject is not a majormodification ifit does not cause a significant emissions increase. Ifthe project causes a significant emissions increase, then the project is a majormodification only ifit also results in a significant net emissions increase. (II) Theprocedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step ofthe process) will occur depends upon the type ofemissions units beingmodified, accordingto paragraphs (b){i)(J)(III) through (V) ofthis section. The procedure for calculating (before beginning actual construction) whether a significantnet emissions increase will occur at the major stationary source (i.e., the second step ofthe process) is contained in the definition for "Netemissions increase" in Section 4(a). Regardless ofany such preconstruction projections, a major modification results ifthe project causes a significant emissions increase and a significant net emissions increase. (III) Actual-to-Projected-Actual ApplicabilityTest For Projects That Only Involve Existing Emissions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur ifthe sum ofthe difference between the projected actual emissions (as defined in the definition for "Projected actual emissions" in Section 4(a)) and the baseline actual emissions (as defined in paragraphs (i) and (ii) in the definition of"Baseline actual emissions" in Section 4(a)) for each existing emissions unit, equals or exceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)). (IV) Actual-to-Potential Test ForProjects That Only Involve Construction ofa NewEmissions Unit(s). A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum ofthe difference between the potential to emit (as defined in the definition for "Potential to emit" in Section 4(a)) from each new emissions unit following completion ofthe project and the baseline actual emissions (as defined in paragraph (iii) for the definition of"Baseline actual emissions" in Section 4(a)) ofthese units before the project equals or exceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)).

6-26Draft 7/31112 (V) Hybrid Test ForProjects That Involve Multiple Types ofEmissions Units. A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified in paragraphs (b)(i)(J)(III) and (IV) ofthis section as applicable with respectto each emissions unit, for each type ofemissions unit equals orexceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)). (ii) (A) The required permit shall not be issued unless the proposed major stationary source ormajor modification would meet an emission limit(s) or equipment standard(s) specified bythe Administratorto represent the application ofBest Available Control Technology for each pollutant regulated underthese Standards and Regulations and underthe Federal Clean Air Act and having the potential to emit in significant amounts. For phased construction projects, the determination ofBACT shall be reviewed and modified as appropriate at the latest, most reasonable time no later than 18 months priorto commencement ofeach phase ofthe proposed project. At such time, the owner or operator ofthe applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbestavailable control technology for the stationary source. (B) In the case ofa majormodification, the requirements for Best Available Control Technology shall apply onlyto each new ormodified emissions unit at which a net emissions increase ofthe pollutantwould occur. (C) (I) The applicant for a permit for a source subjectto this section may petition the Administratorto approve a system ofinnovative control technology. (II) The Administrator, with the approval ofthe govemor(s) ofother affected state(s) may approve the employment ofa system of innovative control technology if: (1.) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; (2.) The owner or operator agrees to achieve a level ofcontinuous emissions reduction equivalentto that which would have been required under paragraphs (ii)(A) and (B) above by a date specified bythe Administrator. Such date shall not be later than 4 years from the time ofstartup or7 years from permit issuance. (3.) The major stationary source or major modification would meetthe requirements equivalent to those in paragraphs (b)(i)(A)(I), (b)(ii)(A), and (b)(ii)(B) above based on the emission rate that the stationary source

6-27Draft 7131/12 employing the system ofinnovative control technology would be required to meet on the date specified bythe Administrator. (4.) The source ormodification would not before the date specified bythe Administrator:

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

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

6-28Draft 7/31112

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

6-29Draft 7131112
(viii) In the case ofa permit issued pursuantto subsection (vii), such source shall comply with such emission limitation under such permit as may be necessary to assure that emissions ofsulfur oxides, particulate matter, and nitrogen oxides from such source, will not cause orcontribute to concentrations ofsuch pollutant which exceedsthe following maximum allowable increases overthe baseline concentration for such pollutants:

Particulate matter: PM2.5, annual arithmetic mean PM25, 24-hrmaximum PM 10, annual arithmetic mean PM 10, 24-hourmaximum Sulfur dioxide: Annual arithmetic mean Twenty-four-hour maximurn Three-hour maximum Nitrogen dioxide: Annual arithmetic mean Maximum Allowable Increase (micrograms percubic meter)

4 9 17 30 20 91 325

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

6-30Period ofexposure: Low terrain areas: 24-hr maximum 3-hrmaximum High terrain areas: 24-hr. maximum 3-hrmaximum Draft 7131/12

Maximum Allowable Increase (micrograms per cubic meter)

36 130 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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(2.) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (b)(xv)(E) ofthis section. (3.) The PAL permit shall contain all the requirements ofparagraph (b)(xv)(G) ofthis section. (4.) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit orhave the potential to emit the PAL pollutant at the major stationary source. (5.) Each PAL shall regulate emissions ofonly one pollutant. (6.) Each PAL shall have a PAL effective period of 10 years. (7.) The owner or operator ofthe major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs (b)(xv)(L) through (N) ofthis section for each emissions unit under the PALthrough the PAL effective period. (II) At no time (during or afterthe PAL effective period) are emissions reductions ofa PAL pollutantthat occur during the PAL effective period creditable as decreases for purposes ofoffsets under 40 CFRpart 51.165(a)(3)(ii) unless the level ofthe PAL is reduced bythe amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthePAL. (E) Public Participation Requirements For PALs. PALs for existing major stationary sources shall be established, renewed, or increased, through a procedure that is consistent with Chapter 6, Section 2. This includes the requirement that the Division providethe public with notice ofthe proposed approval ofa PALpermit and at least a 30-dayperiod for submittal ofpublic comment. The Division must address all material comments before taking final action on the permit. (F) Setting the 1 0-Year Actuals PAL Level. (I) Except as provided in paragraph (b)(xv)(F)(II) ofthis section, the actuals PAL level for a major stationary source shall be established as the sum ofthebaseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant underthe definition of"Significant" in Section 4(a) or under the Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24- month period must be used to determine the baseline actual emissions for all existing emissions units; however, a different consecutive 24-month period maybe used for each

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

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

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

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

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

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

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

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

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

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

a. Ifthe potential to emit ofthe major stationary source is less than the PAL, the Division shall adjust the PALto a level no greater than the potential to emit ofthe source; and b. The Division shall not approve a renewed PAL level higherthan the current PAL, unless the major stationary source has complied with the provisions ofparagraph (b)(xv)(K) ofthis section (increasing a PAL). (V) Ifthe compliance date for a State ofWyoming or Federal requirementthat applies to the PAL source occurs during the PAL effective period, and ifthe Division has not already adjusted for such requirement, the PAL shall be adjusted atthe time ofPAL permitrenewal or Chapter 6, Section 3 operating permit renewal, whichever occurs first. (K) Increasing a PAL Duringthe PAL Effective Period. {I) The Division mayincrease a PAL emission limitation only ifthe major stationary source complies with the provisions in paragraphs (b)(xv)(K){I){l.) through (4.) ofthis section. (1.) The owner or operator ofthe major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL majormodification. Such application shall identifythe emissions unit(s) contributingto the increase in emissions so as to cause the major stationary source's emissions to equal orexceed its PAL.

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(2.) As part ofthis application, the major stationary source owner or operator shall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum ofthebaseline actual emissions ofthe significant and majoremissions units assuming application ofBACT equivalent controls, plus the sum ofthe allowable emissions ofthe new or modified emissions unit(s), exceeds the PAL. The level ofcontrol that would result from BACTequivalent controls on each significant ormajor emissions unit shall be determined by conducting a new BACT analysis atthe time the application is submitted, unless the emissions unit is currently required to comply with a BACTorLAERrequirement that was established within the preceding I0 years. In such a case, the assumed control level for that emissions unit shall be equal to the level ofBACT or LAER with which that emissions unit must currently comply. (3.) The owner or operator obtains a Chapter 6, Section 4 permit for all emissions unit(s) identified in paragraph (b)(xv)(K)(I)(l.) ofthis section, regardless ofthe magnitude ofthe emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the Chapter 6, Section 4 process (for example, BACT), even though they have also become subjectto the PAL or continue to be subject to the PAL. (4.) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PALpollutant. (II) The Division shall calculate the new PAL as the sum ofthe allowable emissions for each modified ornew emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units (assuming application ofBACT equivalent controls as determined in accordance with paragraph (b)(xv)(K)(I)(2.) ofthis section), plus the sum ofthebaseline actual emissions ofthe small emissions units. (III) The PAL permit shall be revised to reflect the increased PAL level pursuantto the public notice requirements ofparagraph (b)(xv)(E) of this section. (L) Monitoring Requirements for PALs. (I) General Requirements. (1.) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions ofthe PAL pollutant in terms ofmass per unit oftime. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the

6-41Draft 7131112 information=generated by such system must meet minimum legal requirements for admissibility in ajudicial proceedingto enforcethe PAL permit. (2.) The PAL monitoring system must employone or more ofthe four general monitoring approaches meeting the minimum requirements set forth in paragraphs (b)(xv)(L)(II)(l.) through (4.) ofthis section and must be approved bythe Division. (3.) Notwithstanding paragraph (b)(xv)(L)(I)(2.) of this section, you may also employ an alternative monitoring approach that meets paragraph (b)(xv)(L)(I)(1.) ofthis section ifapproved by the Division. (4.) Failure to use a monitoring system that meets the requirements ofthis section renders the PAL invalid. (II) Minimum Performance Requirements ForApproved Monitoring Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (b)(xv)(L)(III) through (IX) ofthis section: (1.) Mass balance calculations for activities using coatings or solvents; (2.) CEMS; (3.) CPMS or PEMS; and (4.) Emission factors. (III) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meetthe following requirements: (1.) Provide a demonstrated means ofvalidating the published content ofthe PAL pollutant that is contained in or created by all materials used in or at the emissions unit; (2.) Assume that the emissions unit emits all ofthe PAL pollutantthat is contained in orcreated by any raw material or fuel used in or at the emissions unit, ifit cannot otherwise be accounted for in the process; and (3.) Where the vendor ofa material orfuel, which is used in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operator must use thehighest value ofthe range to calculate the

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

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

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

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.Draft 7131112 (2.) The PAL requirementthat experienced the deviation orthat was exceeded; (3.) Emissions resulting from the deviation orthe exceedance;and (4.) A signed statement bythe responsible official (as defined bythe applicable Chapter 6, Section 3 operating permit program) certifying the truth, accuracy, and completeness ofthe information provided in the report. (III) Re-validation Results. The owner oroperator shall submit to the Division the results ofany re-validation test ormethod within three months after completion ofsuch test or method. (0) Transition Requirements. {I) The Division shall not issue a PALthat does not comply with the requirements in paragraphs (b)(xv)(A) through (0) ofthis section after the Administrator has approved regulations incorporatingthese requirements into Chapter 6, Section 4. (II) The Division may supersede any PAL which was established priorto the date ofapproval ofthis regulation bythe Administrator ofEPA with a PALthat complies with the requirements ofparagraphs (b)(xv)(A) through (0) of this section. (xvi) Ifany provision ofthis section, orthe application ofsuch provision to any person or circumstance, is held invalid, the remainder ofthis section, orthe application ofsuch provision to persons or circumstances otherthan those as to which it is held invalid, shall not be affected thereby. (xvii) Transition: (A) The requirements for BACT in Chapter 6, Section 4(b)(ii) and the requirements for air quality analysis in Chapter 6, Section 4(b)(i) shall not applyto a major stationary source ormajor modification that was subject to Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner oroperator ofthe source submitted an application for a permit under these regulations before August 7, 1980, and the Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirements ofChapter 6, Section 4 as in effect on January 25, 1979, apply to any such source ormodification. (B) Therequirements for air quality monitoring in paragraph (b)(i)(E) shall not applyto a particular source or modification that was subject to Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner oroperator ofthe source or

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

6-47Draft 7131112 February 13, 1989, the owner or operator ofthe source ormodification shall use a monitoring method approved bythe Administrator and shall estimate the ambient concentrations ofPM 10 using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Administrator. (H) The requirement to demonstrate compliance with the maximum allowable increment for nitrogen dioxide shall not apply to a major stationary source or major modification that was subjectto Chapter 6, Section 4, as effective on February 8, 1988, ifthe owner or operator ofthe source or modification submits an application for a permit under these regulations on orbefore October 30, 1990 and the Administrator subsequently determines that the application submitted before that date was complete. (I) The requirement to demonstrate compliance with the maximum allowable increment for PM 10 shall not applyto a major stationary source or major modification that was subjectto Chapter 6, Section 4, as effective on June 3, 1993, ifthe owner or operator ofthe source ormodification submits an application for a permit under these regulations on or before the effective date ofthis regulation revision and the Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirement to demonstrate compliance with the maximum allowable increment for TSP, as in effect at the timethe application was submitted, shall apply: Maximum Allowable Increments ofDeterioration- J..lg/m3

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

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

6-48Draft 7131112
(A) An area which exceeds 10,000 acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore; and (B) A national park ornational wilderness area which exceeds 10,000 acres in size and is established after the effective date ofthis regulation. (ii) Except as provided in paragraph (c) above, any area maybe redesignated as Class I or II, with the approval ofthe Administrator ofthe Environmental Protection Agency, in accordance with the provisions ofparagraph (iii) below; provided, however, that lands within the exterior boundaries ofreservations offederally recognized Indian tribes maybe redesignated to any class, but only by the appropriate Indian governing body. (iii) (A) At least one public hearing must be held in accordance with the provisions for adoption ofregulations as set forth in the Administrative Procedures Act and the Wyoming Environmental Quality Act. (B) At least 30 days priorto the public hearing, a description and analysis ofthe health, environmental, economic, social and energy effects ofthe proposed redesignation shall be prepared and made available for public inspection. Any person petitioning the Department orCouncil to redesignate an area shall be responsible for preparing or submitting such description and analysis. Such persons shall also be responsible for revising this required documentation to the extent necessary to satisfythe Administrator ofthe U.S. EPA. The notice ofthe public hearing shall contain appropriate notification ofthe availability ofthe description and analysis ofthe proposed redesignation. (C) Agencies from neighboring states, Indian governing bodies, Federal Land Managers, and local governments whose land may be affected bythe proposed redesignation shall be notified at least 30 days prior to the hearing. (D) Prior to proposing a redesignation, the Division and the Air QualityAdvisory Board shall consult with the elected leadership oflocal and other substate general purpose governments in the area covered bythe redesignation. (E) Priorto public notice ofthe proposed redesignation the Division shall provide written notice to any Federal Land Managerwho maybe responsible for any federal lands within the area proposed for such redesignation and shall afford adequate opportunity (but not in excess of60 days) to conferwith the State respecting the intended notice ofdesignation. The Federal Land Manager shall be offered the opportunityto submit written comments and recommendations with respect to such intended notice ofredesignation. In redesignating any areawith respectto which the federal land manager has submitted written comments and recommendations, the Division will publish a list ofany inconsistency between such redesignation and such

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recommendation with an explanation ofsuch inconsistency (togetherwith the reasons for making such redesignation againstthe recommendation ofthe Federal Land Manager). (F) The Council shall review and examine the description and analysis prepared pursuantto subparagraph (iii)(B) above priorto any redesignation. (iv) (A) Ifan area has been proposed for redesignation to a more stringent class, no permitto construct may be grantedto a source which may cause an impact in the areaproposed for redesignation and for which an application to construct is received bythe Division after the filing ofthe petition for redesignation with the Environmental Quality Council until the proposed redesignation has been acted upon; however, approval maybe granted if, in the Administrator'sjudgment, the proposed source would not violate the applicable increments ofthe proposed redesignation. Such approval shall be withheld only so long as in the Administrator'sjudgment, the petitioner is expeditiouslyproceeding toward development ofthe "description and analysis" required under (iii)(B) above, and providedthat such "description and analysis" is complete and submitted to the Council for action on the petition within 18 months ofthe filing ofthe initial petition. Upon good cause shown, the Council may extend the foregoing deadline. (B) Where an application for a permit to construct a source has been received bythe Division priorto the receipt bythe Council ofa petition for redesignation ofan areato a more stringent class and where such source may cause an impact in the areaproposed for redesignation, the permit application shall be processed considering the classification ofan area which existed at the time ofpermit application. For purposes ofestablishing a priority date under this Chapter 6, Section 4(d)(vi)(B), (1) such permit application is not required to meet the provisions for completeness in Chapter 6, Section 2, and (2) the time frames in Chapter 6, Section 2(g) for action on applications shall not apply. However, a priority date established under Chapter 6, Section 4(d)(vi)(B), shall remain in effect only so long as in the Administrator'sjudgment, the applicant is expeditiously proceedingtowardthe development and submittal ofsuch other information and data as required to make the application complete under the provisions ofChapter 6, Section 2, and provided that such other information and data is submitted to, andjudgedto be complete bythe Administratorwithin 18 months ofthe filing ofthe initial permit application. Upon good cause shown, the Administratormay extend the foregoing deadline. Section 14. Incorporation by reference. (a) Code ofFederal Regulations (CFR). Except

# as otberwisen9ted.Aall Code of Federal Regulations (CFRs) cited in this chapter, includingtheirAppendices, revised and published as ofJuly 1, 2010, not including any later amendments, are incorporated by reference. Copies ofthe Code ofFederal Regulations are available for public inspection

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

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