# Department of Environmental 9uality

Matthew H. Mead, Governor August 19, 2011 

### To protect , conserve and enhance the quality of Wyoming ' s environment for the benefit ofcurrent and future generations.

Mr. James B. Martin Regional Administrator U.S. Environmental Protection Agency, Region 8 1595 Wynkoop Street Denver, CO 80202-1129 John Corra , Director



### RE: State Implementation Plan (SIP) Approval Request, Chapter 2, Ambient Standards, Section 2, Ambient Standards for Particulate Matter, Section 10, Am**bien~** 

### Standards for Lead, and Section 12, Incorporation by Reference (R-4 and R-18) Dear Mr. Martin: The Environmental Quality Council ofthe Wyoming Department ofEnvironmental Quality (Council) conducted two public hearings pursuant to 40 CFR §51
. 1 02 to consider adoption ofrevisions and additions to the Wyoming Air Quality Standards and Regulations (WAQSR). These hearings were conducted in accordance with two separate rulemakings held on February 17, 2000 (R-4) and July 8, 2010 (R-18). Revisions affecting the State Implementation Plan (SIP) being submitted in this package are Chapter 2, Ambient Standards, Section 2, Ambient standards for particulate matter, Section 10, Ambient standards for lead, and Section 12, Incorporation by reference. Other chapters affecting the SIP have either already been submitted or will be submitted at a later date. In the R-4 rulemaking, Chapter 2, Section 2, was revised to adopt the PM2.5 standard into State rule, and to add the word " part" to Section 2(a)(iv). The R-18 rulemaking consisted ofrevisions to Chapter 2, Section 2, which was revised to make the State PM2.5 ambient standards consistent with current federal standards, but no more stringent than federal standards. Since the EPA has also revised federal rules to remove the annual PM 10 standard, the State requests that the annual PM 10 standard language be removed from the Wyoming SIP. Section 10 of Chapter 2 was revised to make the State lead ambient standards consistent with current federal lead standards , but no more stringent than federal standards. Section 12 was added to Chapter 2 to consolidate all adoption by reference for the chapter in one place. After reviewing comments received before or during the hearings , the Council approved the proposed R-4 revisions on February 18 , 2000 and the proposed R-18 revisions on July 8, 2010. Pursuant to the Wyoming Administrative Procedures Act, the revisions were forwarded to the Governor's Office for approval and then transmitted to the Secretary of State for filing. The regulations were filed in the Secretary of State's Office and became effective March 30,2000 and September 7, 2010, respectively. Since all ofthe necessary State reviews and approvals have been secured, I am submitting two copies ofthe revisions to the State Implementation Plan
.

Herschler Building · 122 West 25th Street · Cheyenne , WY 82002 · http://deq.state.wy.us ADMIN/OUTREACH ABANDONED MINES

(307) 777-7758 (307) 777-6145 F AX 777-7682 FAX 777-6462 AIR QUALITY (307) 777-7391 FAX 777-5616 INDUSTRIAL SITING (307) 777-7369 FAX 777-6937 LAND QUALITY (307) 777-7756 FAX 777-5864 SOLID & HAZ

. WASTE (307) 777-7752 FAX 777-5973 WATER QUALITY (307) 777-7781 FAX 777-5973Mr. James B. Martin August 19, 2011 Page 2 of3

The following administrative materials are included in the plan submission and have been attached for your review: R-4 Rulemaking l. A copy ofthe stamped Certification Page by the Secretary of State indicating the effective date of the revisions
. The rules became effective on March 30, 2000. 2
. A November 10, 1999 memorandum from Dennis Hemmer, Director ofthe Department of Environmental Quality, to the Governor' s Office requesting approval to proceed with rulemaking
. 3. A March 28 , 2006 letter from Nancy Vehr, Senior Assistant Attorney General, documenting the necessary legal authority under State law to adopt and implement the revised regulations
. 4. A March 1, 2000 review from the Legislative Service Office finding the revised regulations within the scope and intent of legislative authority
. 5. A copy ofthe notice issued by the Air Quality Division for the public hearing with a list of newspapers and dates ofpublication, and a copies ofthe Advertising Invoice and ad from the Casper Star Tribune
. 6. A copy ofthe Statement ofPrincipal Reasons that was adopted with the rules
. 7
. A copy ofthe summary of comments and responses . 8
. A list of signatures ofwitnesses present at the February 17 , 2000 hearing as well as a copy ofthe agenda. R-18 Rulemaking 1
. A copy ofthe stamped Certification Page by the Secretary of State indicating the effective date of the revisions
. The rules became effective on September 7, 2010
. 2
. A December 9 , 2009 memorandum from John V. Corra, Director ofthe Department of Environmental Quality, to the Governor's Office requesting approval to proceed with rulemaking. 3. An August 2011 letter from Nancy Vehr, Senior Assistant Attorney General , documenting the necessary legal authority under State law to adopt and implement the revised regulations
. 4. A July 26, 2010 review from the Legislative Service Office finding the revised regulations within the scope and intent oflegislative authority
. 5
. A copy ofthe notice issued by the Air Quality Division for the public hearing with a list of newspapers and dates ofpublication, and a copy ofthe Affidavit ofPublication from the Casper Star Tribune. 6
. A copy ofthe Statement ofPrincipal Reasons that was adopted with the rules.Mr. 

### James B. Martin August 19, 2011 Page 3 of3

7
. A copy ofthe summary ofcomments and responses . 8. A list of signatures ofwitnesses present at the July 8, 2010 hearing as well as a copy ofthe agenda. Also enclosed are copies ofrevisions to the Wyoming SIP pertaining to Sections 2, 10, and 12 of Chapter 2 in redline and strikeout format, as well as copies ofthese sections with all revisions incorporated from both rulemakings into one clean copy. With this submission I am asking for Environmental Protection Agency approval ofthe revised State Implementation Plan for the State ofWyoming to include those specific sections indicated with strikeout and redline in the above paragraph regarding Chapter 2, Ambient Standards, Section 2, Ambient standards for particulate matter, Section 10, Ambient standards for lead, and Section 12, Incorporation by reference. Ifyou have any questions regarding this submittal, please feel free to contact Steven A. Dietrich, Air Quality Administrator, at 307-777-7391. Sincerely,

# d!:**rr ~~**  Director Department ofEnvironmental Quality Enclosures cc : Steven A. Dietrich, Administrator, Air Quality Division w/enc
. Christine Anderson, Air Quality Division w/enc. Carissa Krey, Air Quality Division w/enc
. Carl Daly, EPA Region 8 Monica Morales, EPA Region 8