# Department of Environmental Quality

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

. 

# -1{/3o

John Corra, Director

00 c: 0 .2 G> W Cit,> GI IE**~a:o** Mr

. James B

. Martin Regional Administrator USEPA Region 8**~<** (/) wo..<**a:~a:** Mail Code: 8P-AR 1595 Wynkoop Street Denver, CO 80202-1129 RE: State Implementation Plan Approval Request

- Chapter 3, General Emission Standards, Section 9, Incorporation by reference; and Chapter 6, Permitting Requirements, Section 4, Prevention of significant deterioration, and Section 14, Incorporation by reference (R-19)
Dear Mr. Martin: en ::)

On January 13, 2012, the Environmental Quality Council ofthe Wyoming Department of Environmental Quality conducted a public hearing pursuant to 40 CFR §51.102 to consider the adoption ofrevisions and additions to the Wyoming Air Quality Standards and Regulations (WAQSR). Revisions affecting the State Implementation Plan (SIP) involved Chapter 3 , General Emission Standards, Section 9, Incorporation by reference, and Chapter 6, Permitting Requirements, Section 4, Prevention of significant deterioration, and Section 14, Incorporation by reference. Chapter 3 , General Emission Standards, Section 9, Incorporation by reference, was revised as part ofthe annual effort to adopt changes to the federal definition, bringing the version up to date as ofJuly 1, 2010

. Chapter 6, Permitting Requirements, Section 4, Prevention of significant deterioration, was revised to maintain consistency with federal rules through the inclusion ofPM2.5 increments. Section 14, Incorporation by reference, was updated to adopt by reference from the CFR for July 1, 2010.
After reviewing comments received before or during the hearing, the Council approved the proposed revisions on January 13 , 2012

. 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 ' s Office and became effective on March 28, 2012. Since all ofthe necessary State reviews and approvals have been secured, I am submitting one paper copy and one electronic copy (in .pdfformat on CD) ofthe revisions to the State Implementation Plan. The electronic copy is an exact duplicate ofthe paper copy. The following administrative materials are included in the plan submission and have been attached for your review:
1. A copy ofthe stamped Certification Page by the Secretary of State indicating the effective date ofthe revisions. The rules became effective March 28, 2012.

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

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

. WASTE (307) 777-7752 FAX 777-5973 WATER QUALITY (307) 777-7781 FAX 777-5973Mr. James B. Martin May 24, 20'12 Page2
2

. An October 14, 2011 memorandum from John Corra, Director ofthe Department of Environmental Quality, to the Governor' s Office requesting approval to proceed with the rulemaking. 3

. An April 16, 2012 letter from Nancy Vehr, Senior Assistant Attorney General, documenting the necessary legal authority under State law to adopt and implement the revised regulations. 4. A January 19, 2012 review from the Legislative Service Office, finding the revised regulations within the scope ofintent of legislative authority

. 5. A copy ofthe notices issued by the Air Quality Division for public hearings with a list of newspapers and dates ofpublication.
6. A copy ofthe Statement ofPrincipal Reasons that was adopted with the rules.
7. A copy ofthe comments submitted on December 29, 2011 from Holland and Hart on behalfofBasin Electric Power Cooperative, and a response to those comments
. 8

. A list of signatures ofwitnesses present at the January 13 , 2012 hearing as well as a copy ofthe agenda.
9. Two copies ofthe revised chapters, one copy showing where revisions were made in redline and strikeout and a second copy with all revisions incorporated. With this submission I am asking for Environmental Protection Agency approval ofthe revised State Implementation Plan for the State ofWyoming to include Chapter 3 , General Emission Standards, Section 9, Incorporation by reference, and Chapter 6, Permitting Requirements, Section 4, Prevention of significant deterioration, and Section 14, Incorporation by reference, ofthe Wyoming Air Quality Standards and Regulations as revised March 28, 2012

. Ifyou have any questions regarding this submittal, please feel free to contact Steven A. Dietrich, Air Quality Administrator, at 307-777

-7391. Sincerely,

Enclosures

cc : Steven A. Dietrich, Administrator, Air Quality Division w/o enc. Christine Anderson, Air Quality Division w/enc

. Carissa Krey, Air Quality Division w/enc.Administrative Rule Review Report #AR12-004 Legislative Service Office 19-Jan-12 AGENCY: DATE SUBMITTED: SUBJECT:

NATURE OF RULES: STATUTORY AUTHORITY: DEQ Air Quality 1/18/2012 Chapter 3, General Emission Standards; Chapter 5, National Emission Standards; Chapter 6, Permitting Requirements; Chapter 11, National Acid Rain Program; Chapter 14, Emission Trading Program Regulations Legislative & Procedural. 

## w.s. 35-11-202 DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date. SUMMARY OF RULES: Chapter 3, Section 9 (General Emission Standards

- Incorporation by Reference). Updates the rules to state that all sections ofthe Code ofFederal Regulations (CFR) and all standards ofthe American Society for Testing and Materials (ASTM) revised and published as ofJuly 1, 2010, which are cited in Chapter 3, are incorporated by reference. (NOTE: These rules comply with the requirements ofW.S. 16-3-103(h) by stating where copies ofthe incorporated matter are available at cost from the incorporating agency). Chapter 5 (National Emissions Standards): Section 2 (New Source Performance Standards)

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

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

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

- Includes Fine Particle (PM25 ) increments to comply with CFR requirements in monitoring requirements. Reflects changes to the State Implantation Plan(SIP). Section 5 (Permit Requirements for Construction and Modification of NESHAP Sources)

- States that permit requirements for construction and modification of a National Emissions Standards for Hazardous Air Pollutants source are no longer covered under this section, but under Chapter 5, Section 3. Strikes all existing language in the section. Section 6 (Permit Requirements for Case-by-Case Maximum Achievable Control Technology CMACT) Determination)- Corrects cross references to NESHAP Sources in Chapter 5, Section 3

. Section 14 (Incorporation by Reference)

- Updates the rules to state that all CFR sections revised and published as ofJuly 1, 2010, which are cited in Chapter 6, are incorporated by reference. Chapter 11, Section 2 (National Acid Rain Program, Acid Rain Program)

- Updates the rules to state that 40 CFR parts 72-78, revised and published as ofJuly 1, 2010, are incorporated by reference. Chapter 14 (Emission Trading Program Regulations): Section 3 (Sulfur Dioxide Milestone Summary)

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

. This section was created in response to an EPA rule issued in 2005 titled Clean Air Mercury Rule. The rule was vacated in 2008. Section 

### 5 (Incorporation by Reference)

- Updates the rules to state that all Code ofFederal Regulations (CFR) revised and published as ofJuly 1, 2010, which are cited in Chapter 14, are incorporated by reference. Reflects changes to the State Implantation Plan (SIP).

FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent. STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

MDO/cj

# /f;tl~**D.~** Matthew D. Obrecht StaffAttorney

# ~IA).~ Gerald 

### W. Laska StaffAttorneya
.Agency/Board Name See attachedlistforreferences Department of Environmental Quality b

.Agency/Board Address 

### Certification Page Regular and Emergency Rules

Herschler Build ing 2-E, 122 W. 25th Street c
.Agency/Board City Cheyenne e
. Name of Contact Person Christine Anderson g
. Contact Email Address tina.anderson@wyo.gov i. Program(s) Seeattachedlistforreferences AirQual :ty f. Contact Telephone Number 307-675-5624 h

.Adoption Date: January 18, 2012 d

.Agency/Board Z ipCode 82002

a. These rules are: 

### D Emergency Rules (!litercompletingallof Section 2

.proceedto Section 5below) [!] Regular Rules b

. Choose all that apply: 

### D New Rules• 

### 0 Amended Rules 

### D Repealed Rules • 'New"rules means the firstsetof regularrules to bepromulgatedbythe Agencyafterthe Legislature adoptedanewstatutory provisi on orsignificantlyamendedan ex i stingstatute

. If ' New,' provide the Enrolled Act number and year enacted : c
. Provide the Chapter Number, and Short Title of Each Chapter being Created/Amended/Repealed (if more than 5chapters are bei ngcreated/amended/repealed, please use the AdditionalRule Information form andattach it to this cenification) Chapter Number: Short Title:

. 3 General Emission Standards

Chapter Number: Short Title : 5 National Emission Standards Chapter Number: Short T itle : 6 Permitting Requirements Chapter Number: Short Title : 11 National Acid Rain Program Chapter Number: Short Title :

. 14 Emission Trading Program Regulations d

.

### 0 The Statement of Reasons is attached to this certification.

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



### 3 .

.

State uovernmint 

### NJ:fticeoflnkrfded**Rul~makinq** a

. Date on which the Notice of Intent containing all of the information required by W

.S

. 16-3-103(a) was filed with the Secretary of State: November 15, 2011 b. Date on which the Notice of Intent and proposed rules instrike and underscore format were provided to the Legislative Service Office: November 16, 2011

Office of the Secretary Filed the 

# · 7**R~** day of 

# rrl.ttr-vh. 

# 2o\2. at 

## '1**~** lq I}. M. 

### Doc ID# 

## 8C055

- 8''if5'\ Max Maxfield Secretary of State 

### November 16 , 2011. •

a. Notice was mailed 45 days in advance to all persons who made atimely request for advance notice

. b

. Apublic hearing was held on the proposed rules

. (!]Yes 

### D No lf 'Yes :' Date: January 13, 2012**s. Final**  Filiiiq olRule5 Time : 8:30 A.M. City: Greybull Location : Greybull Bank, 601 Greybull Avenue

a. Date on wh ich the Certification Page with original signatures and final rules were sent to the Attorney General's Office 

### J 18 2012 forthe Governor's signature: 

### anuary , b

. Date on which final rules were sent to the Legislative Service Office:

## January 18, 2012

c. Date on which a PDF of the final rules was electronically sent to the Secretary of State:

## Jan U 

## ary 

## 1 8' 2Q

## 1 2

,•L_

PrintedNa,me of Signataty ' ·-. -..;.!;

. : Signatdy

## rilie ·. January 18, 2012 7. Governor's Certification ·· I have reviewed these rules and determined that they: 1

. Are within the scope of the statutory authority delegated to the adopting agency; 2. Appear to be within the scope of the legislative purpose of the statutory authority; and, if emergency rules, 3

. Are necessary and that I concur in the finding that they are an emergency. Therefore, I approve the same. Govern.ors Signature Date of Signature

Distribution list: Attorney General 1. Statement of Reasons; 2. Original Certification Page; 3. Summary of Comments (regular rules); 4. Hard copy of rules: clean and strike/underscore ; and 5. Memo to Governor documenting emergency (emergency rules). 

# 3

- 27 -/**~**

LSO 1. Statement of Reasons; 2. Copy of Certification Page; 3

. Summary of Comments (regular rules); 4. Hard copy of rules: clean and strike/underscore; 5

. Electronic copy of rules: clean and strike/underscore; and 6

. Memo to Governor documenting emergency (emergency rules). 

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

2

# Department of Environmental Quality

To protect, conserve and enhance the quality of Wyoming ' s environment for the benefit ofcurrent and future generations. I U /I L / li

Matthew H. Mead, Governor John Corra, Director

To: From: Honorable Matthew H. Mead, Governor

- ·**~** }/}**~ ~**  _**~** John V. Corra, Director, Department ofEnvironmental**Quali~ ~**  Proposed Rules for Chapters 3, 5, 6, 11and14 (R-19) Subject:

Date: Priority: Summary: Department ofEnvironmental Quality, Air Quality Division October 14, 2011 HIGH

- Deadline for response is October 28, 2011 Notice ofAgency Rulemaking The Air Quality Division is proposing revisions to the Wyoming Air Quality Standards and Regulations listed above

. The following is a briefsummary ofthe proposed rule changes:

• Annual updates to sections to be adopted by reference from the 20 I0 Code ofFederal Regulations (CFR). Ifthe State does not adopt the most recent versions ofthese sections by reference, the rule still applies at the federal level. • Removal ofcertain New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) subsections where no such sources or categories exist in the State, and the addition of subsections that were newly promulgated before July 1, 2010. • NESHAP general provisions and NESHAP permitting requirements were removed and adopted by reference from the CFR to maintain consistency with federal language. • Addition ofPM2

_ 5 increments to bring up to date with federal requirements , and maintain State primacy in the area ofpermitting. • Addition of "Altemative Operating Scenario (AOS)" and "Approved Replicated Methodology (ARM)" definitions. • Removal ofthe Mercury Budget Trading Program in response to the vacated federal rule. • Modifications to the sulfur dioxide milestone program in response to national litigation. The proposed revisions can be seen in the attached draft rules. Specific information on the changes can be found in the Statement ofPrincipal Reasons (SOPR). The attached SOPR is a draft that will be taken to the Environmental Quality Council (EQC) hearing for a signature. Chapter 3, Section 9, Chapter 6, Sections 4 and 14, and Chapter 14, Sections 3 and 5, involve changes to the State Implementation Plan (SIP). The Wyoming Air Quality Advisory Board recommended that these revisions be taken forward through the rulemaking process at a public meeting held in Green River, Wyoming on August 16, 2011. Agency Contact Name: Agency Contact Phone: Agency Contact Email: Christine Anderson 307-675-5624 tina.anderson @ wyo .gov

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

__ __,,,___ Agency may proceed.

_____ Delay public·comment and set up meeting with



### If

no response has been received b y the 10 1 h working day, the agenc y willproceed with these rules

. Herschler Building · 122 West 25th Street · Cheyenne , WY 82002 · http://deq.state.wy.us ADMIN /OUTREACH ABANDONED MINES (307) 777
-7758 (307) 777-6145 FAX 777-7682 FAX 777
-6462 AIR QUALITY (307) 777-7391 FAX 777-5616 INDUSTRIAL SITING (307) 777-7369 FAX 777-6937 LAND QUALITY (307) 777
-7756 FAX 777-5864 SOLID & HAZ

. WASTE (307) 777-7752 FAX 777-5973 WATER QUALITY (307) 777
-7781 F AX 777-5973

# Office of theAttorney General

Governor 1Iatthcw H

.. Mead Attorney General Gregory A. Phillips \ Vater and Natural Resources D ivision 123 State Capitol Cheyenne, Wyoming 82002

307

-777

-6946 Telephone 307-777

-3542 Fax ChiefDeputy Attorney General Peter K Michael Division Deputy J ay r\

.Jerde 

### PRIVILEGED AND CONFIDENTIAL ATTORNEY

- CLIENT COMMUNICATION

Steven Dietrich, Administrator Air Quality Division April 16, 2012

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

. I. Background Section 110 ofthe Clean Air Act (CAA) directs states to adopt and submit SIPs to the EPA providing for the implementation, maintenance, and enforcement of air quality standards. 42 U.S

.C. § 7410(a) (2010); 

### see also 40 C.F.R. pt. 51 , Appendix V (2011)

. Upon EPA's approval, the SIP becomes federally enforceable. 42 U

.S.C. §§ 7410(k),Steven Dietrich SIP Amendment

- WAQSR Chs. 3, 6 and 14 April 16, 2012 Page 2of4 

### 7413; 

### see also 40 C.F.R. pt. 52. 

### If a state fails to submit a SIP or EPA disapproves the SIP submittal, then EPA may promulgate a federal implementation plan (FIP). 42 U.S.C. § 

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

. . . of this state will 

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

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

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

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

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

### see also Id. 

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

... relating to environmental enhancement and protection." Wyo. Stat. Ann. § 35-11- 109(a)(ii), (viii)

. All such plans prepared by the DEQ must be submitted to the Governor for review and approval. Id. 

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

### See Letter from Governor Mead to James B. Martin, Reg'! Adm'r, EPA Region 8 (April 4, 2011). Accordingly, theSteven Di etrich SIP Amendment

- W AQSR Chs. 3, 6 and 14 April 16, 201 2 Pa

ge 3 of4 

### Wyoming DEQ Director, acting with the Governor' s approval, has the authority to adopt and implement these SIP amendments. 

### Ill. Wyoming Complied with State Law Procedural Requirements in Adopting Amendments to Chapters 3, 6 and 14 ofthe WAQSR Chapter 3 ofthe WAQSR, General Emission Standards, was originally adopted in 1970 and has been amended on several occasions over the years. On January 13, 2012, the EQC amended Chapter 3, Section 9. Section 9 consolidates all incorporations by reference for the chapter into one section. The EQC amended Section 9 to update from July 1, 

### 2008 , to July 1, 2010, all ofthe references to the Code of Federal Regulation rules and American Society for Testing and Material standards cited in Chapter 3

. Chapter 6 of the WAQSR, Permitting Requirements, was originally adopted in 1974 and has been amended on several occasions over the years. On January 13 , 2012, the EQC amended Chapter 6, including in part, Sections 4 and 14. The EQC amended Section 4 to add increments for particulate matter 2.5 micrometers in diameter or smaller to the prevention of significant deterioration requirements to be consistent with federal rules

. The EQC amended Section 14 to update from July 1, 2008 , to July 1, 2010 , all of the references to the Code ofFederal Regulation rules cited in Chapter 6. Chapter 14 of the WAQSR, Emission Trading Program Regulations, was originally adopted in 2004 to establish requirements for air quality emission trading programs. On January 13 , 2012, the EQC amended Chapter 14, including in part, sections 3 and 5. The EQC amended Section 3, sulfur dioxide milestone inventory, to reflect program modifications in response to national litigation. The EQC amended Section 5 to update from July l , 

### 2008 , to July 1, 2010, all of the references to the Code of Federal Regulation rules cited in Chapter 14. The EQC adopted the amendments to Chapters 3, 6 and 14 of the WAQSR in substantial compliance with the Wyoming Administrative Procedure Act rulemaking requirements , including Wyo. Stat. Ann

. § 16-3

- 103

. These amended rules were within the scope, legislative purposes and statutory authorities ofthe DEQ and EQC as provided in Wyo. Stat. Ann

. §§ 35-11-102, 35-11-109, 35-11-110, 35-11-112 and 35-11-201 through

-214

. These amended rules were also supported by a " Statement of Principal Purpose" as required by 

### Tri-State Generation and Transmission Ass ' n

, Inc. v. Envtl

. Quality Council, 590 P

.2d 1324, 1331 (Wyo. 1979)

. On March 27 , 2012, Governor Mead approved these amendments. On March 28, 2012, the Wyoming Secretary of State filed these amendments as final and the rules became effective

.Steven Dietrich SfP Amendment

- WAQSR Chs

. 3, 6 and 14 April 16, 2012 Page 4 of4 

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

NancyE Vehr Sr. Asst. Attorney GeneralNotice ofProposed Rulemaking Before The Environmental Quality Council By the Department ofEnvironmental Quality Air Quality Division (AQD) The Environmental Quality Council (EQC) will hold a public hearing beginning at 8:30 AM on January 13, 2012. The hearing will be held at the Greybull Bank, Basement Conference Rm., 601 Greybull Ave., Greybull, Wyoming. The Wyoming Department of Environmental Quality, Air Quality Division (AQD or Division), is proposing to revise Wyoming Air Quality Standards and Regulations (WAQSR) Chapter 3, General Emission Standards, Chapter 5, National Emission Standards, Chapter 6, Permitting Requirements, Chapter 11, National Acid Rain Program, and Chapter 14, Emission Trading Program Regulations. Many of these changes involve updates to sections adopted by reference from the 2010 Code of Federal Regulations. The Division is also making minor corrections to these chapters

. Additional changes to Chapter 5 involve the removal ofcertain subsections from Sections 2 and 3. Chapter 6, Section 4, will be revised to include 

### PM 25 increments to bring this section up to date with federal requirements. The requirements in Chapter 6, Section 5, will be removed and adopted by reference in Chapter 5, Section 3. Chapter 14, Section 4, Mercury trading program, will be removed to maintain consistency with federal regulations. Chapter 3, Section 9, Chapter 6, Sections 4 and 14, and Chapter 14, Sections 3 and 5, involve changes to the State Implementation Plan (SIP) to satisfy Clean Air Act (CAA) Sections 110, 166, and 169. The AQD will submit these SIP changes to the Environmental Protection Agency (EPA). The notice for submitting written comments on the WDEQ/AQD proposed revisions was first published on November 16, 2011. The written comment period will close on December 30, 2011. Written comments will also become a part ofthe public record ifthey are signed by the commenter and submitted to Administrator, WDEQ/AQD, Herschler Building 2-E, 122 W. 25th Street, Cheyenne, Wyoming, 82002, or faxed to 307-777-5616. Copies of the public notice and the proposed rules are available for public inspection at the Department of Environmental Quality, Air Quality Division, Herschler Building, 2nd Floor, 122 W. 25th Street, Cheyenne, Wyoming. Electronic copies are available at http:/ /deq.state.wy.us/aqd/index.asp and the EQC website stated below. Ifyou have questions regarding the proposed rules, contact Christine Anderson, Air Quality Division, at 307-675-5624. The WDEQ/ AQD will file an analysis of the comments received. The EQC has scheduled the public hearing on January 13, 2012. The EQC will consider the proposed rules, written comments, and the analysis of comments, along with any modifications proposed by the WDEQ/AQD to the draft rules. At the public hearing, oral statements that focus on the written comments, the DEQ's analysis of comments and issues raised by the analysis will be accepted. Comments submitted during the comment period can be viewed at the EQC website: http://eqc.state.wy.us/docket.htm under the link titled "11 -2101 ". Any person wishing to use a digital presentation during their testimony before the Council must provide a digital copy to the Council no less than 3 days prior to the hearing unless you contact the Council and request an extension for good cause. Failure to timely submit a digital copy will result in the person not being allowed to use the presentation during their testimony.
In accordance with the Americans with DisabilitiesAct, special assistance or alternativeformats will be made available upon request for individuals with disabilities

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

Newspaper Date ofPublication Casper Star Tribune November 16-17, 2011 Gillette News Record November 17, 2011 Cody Enterprise November 16, 2011 Wyoming Tribune-Eagle November 17, 2011 Rock Springs Daily Rocket Miner November 17, 2011BEFORE THE ENVIRONMENTAL QUALITY COUNCIL STA TE OF WYOMING JN THE MATIER OF REVISIONS TO SECTION NINE ) TO CHAPTER THREE; REVISIONS TO SECTIONS ) TWO, THREE AND FOUR TO CHAPTER FIVE; ) REVISIONS TO SECTIONS ONE, THREE, FOUR, ) FIVE, SIX AND FOURTEEN TO CHAPTER SIX; ) REVISIONS TO SECTION TWO OF CHAPTER ) ELEVEN ; AND REVISIONS TO SECTIONS ONE, ) THREE AND FIVE, AND THE REMOVAL OF ) SECTION FOUR FROM CHAPTER FOURTEEN OF ) THE WYOMING AIR QUALITY STANDARDS AND ) REGULATIONS ) STATEMENT OF PRINCIPAL REASONS FOR ADOPTION

I

. The Environmental Quality Council, pursuant to the authority vested in it by the Wyoming Statutes 35

- 11-112 (a) (i), has revised or removed the following chapters and sections to the Wyoming Air Quality Standards and Regulations. The following sections have been revised: Chapter 3, General Emission Standards, Section 9, Incorporation by reference; Chapter 5, National Emission Standards, Section 2, New source performance standards , Section 3, National emission standards for hazardous air pollutants, and Section 4, Incorporation by reference; Chapter 6, Permitting Requirements, Section I, Introduction to permitting requirements, Section 3, Operating permits, Section 4, Prevention of significant deterioration, Section 5, Permit requirements for construction and modification ofNESHAPs sources, Section 6, Permit requirements for case-by-case maximum achievable control technology (MACT) determination, and Section 14, Incorporation by reference; Chapter I I, National Acid Rain Program, Section 2, Acid rain program; and Chapter 14, Emission Trading Program Regulations, Section l, Introduction to emission trading programs, Section 3, Sulfur dioxide milestone inventory, and Section 5, Incorporation by reference

. The following section has been removed: Chapter 14, Emission Trading Program Regulations, Section 4, Mercury budget trading program. 2. Section 35-1 I-202 (a) ofthe Environmental Quality Act states that the Administrator, after consultation with the Advisory Board, shall recommend to the Director such ambient air standards and regulations that may be necessary to prevent, abate, or control pollution. Section 35-11-202 (b) ofthe Act states that in recommending such standards the Administrator shall consider all facts and circumstances bearing upon the reasonableness ofthe emissions involved including: (A) The character and degree of injury to, or interference with the health and physical well being ofthe people, animals, wildlife and plant life; (B) The social and economic value ofthe source ofpollution; (C) The priority oflocation in the area involved ; (D) The technical practicability and economic reasonableness ofreducing or eliminating the pollution; and (E) The social welfare and aesthetic value

. 3

. Chapter 3, General Emission Standards, Section 9, Incorporation by reference, was revised as part ofthe annual effort to adopt changes to the federal definition, bringing the version up to date as ofJuly 1, 2010

. The revisions to Section 9, Incorporation by reference, involve changes to the State Implementation Plan (SIP).4. Chapter 5, National Emission Standards, Section 2, New source performance standards, Section 3, National emission standards for hazardous air pol lutants , and Section 4, Incorporation by reference, and Chapter 11, National Acid Rain Program, Section 2, Acid rain program, have been updated as an annual effort to adopt by reference from the Code of Federal Regulations (CFR) for July I, 2010

. Section 2, New source performance standards, was revised to remove certain subparts for which Wyoming has no sources, and to replace the word "part" with the word "section" to maintain consistency with other Wyoming Air Quality Standards and Regulations (WAQSR). Section 3, National emission standards for hazardous air pollutants, was revised to remove certain subparts for which Wyoming has no sources, and to include new applicable subparts that have been added to the CFR as ofJuly I, 20 I0. In order to maintain consistency with federal language, the general provisions ofthis section were removed and adopted by reference from Subpart A of40 CFR part 63. A minor revision was made in Section 3 to clarify that NSPS sources may need to obtain a permit for construction in accordance with Chapter 6, Permitting Requirements, Section 2, Permit requirements for construction, modification, and operation. 5. Chapter 6, Permitting Requirements, Section 3, Operating permits, has been revised to include the definitions "Alternative Operating Scenario (AOS)" and "Approved Replicable Methodology (ARM)" to maintain consistency with federal rules. Minor revisions to Section 3 included additions, taken directly from federal language, to specify how the definitions fit into the operating permit program. Also, the numbering of definitions was removed to maintain consistency with other W AQSR, references to definitions were corrected, the word "part" was replaced with the word "section" to maintain consistency with the WAQSR, and minor typographical errors were corrected. Section 4, Prevention of significant deterioration, was revised to maintain consistency with federal rules through the inclusion ofPM2

. 5 increments

. Section 5, Permit requirements for construction and modification ofNESHAPs sources, will now be covered under Chapter 5, National Emission Standards, Section 3, National emission standards for hazardous air pollutants

. Language has been added to Section 1, Introduction to permitting requirements, and Section 5, Permit requirements for construction and modification ofNESHAPs sources, to reflect this change

. Language regarding the permitting requirements has been removed from Section 5. Section 6, Permit requirements for case-by-case maximum achievable control technology (MAC!) determination, was revised to correct cross references to Chapter 5. Section I4, Incorporation by reference, was updated to adopt by reference from the CFR for July I, 20 l0. Section 4, Prevention of significant deterioration, and Section 14, Incorporation by reference, involve changes to the SIP. 6. Chapter I4, Emission Trading Program Regulations, Section I, Mercury budget trading program, was revised to reflect the removal of Section 4, Mercury budget trading program. The measurement techniques and baseline date in Section 3, Sulfur dioxide milestone summary, was revised to address modifications to the sulfur dioxide milestone program in response to national litigation

. Section 4, Mercury budget trading program, was removed from Chapter 14

. Section 4 was created in response to the 2005 Clean Air Mercury Rule (CAMR), but the rule was vacated by the Environmental Protection Agency (EPA) in 2008. Section 5, Incorporation by reference, was updated to adopt by reference from the CFR for July I, 20 I0. Section 3, Sulfur dioxide milestone summary, and Section 5, Incorporation by reference, involve changes to the SIP. The Council finds that these regulations are reasonable and necessary to accomplish the policy and purpose ofthe ACT, as stated in W.S. 35-l 1-102, and that they have been promulgated in accordance with rulemaking provisions ofthe Wyoming Administrative Procedures Act. Dated this 

### --' '-= 3 '--- day of 

### JA Iii itMY "-_,__

__ , 2012.

Hearing Examiner

- Printed Name Wyoming Environmental Quality Council

2 Hearing Examiner

- SignedName Wyoming Environmental Quality CouncilTHE LA W O UT WE S T ''



### Administrator WDEQ/AQD Herschler Building 2-E 122 W. 25th Street Cheyenne, WY 82002 December 29 , 2011 Mark R. Ruppert P.C. Phone 307-778-4267 Fax 800-962-2307 mruppert@hollandhart.com



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

### It appears from the proposed changes to this Section that the Wyoming Department of Environmental Quality (WDEQ) seeks to accomplish three objectives: (1) to add PSD increments for PM2

.5, consistent with the increments adopted by the EPA; (2) to add Significant Impact Levels (SILs) for PM2

.5, consistent with the SILs adopted by the EPA; and (3) to provide, consistent with EPA, that compliance with the National Ambient Air Quality Standard (NAAQS) and the relevant PSD increment for PM2.5 is demonstrated ifthe impact ofa proposed source or modification alone is less than the relevant SIL at all locations, or less than the relevant SIL at all locations where cumulative modeling shows an exceedance of a PM2.5 NAAQS or PSD increment. Basin Electric supports these objectives, which provide for a reasonable balance between protecting air quality and allowing economic development. The WDEQ ' s proposal to establish SILs is aligned with the well-established principle that agencies may exempt sources from burdensome regulations where the burdens yield only trivial benefits

. See, e.g. , Alabama Power 

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

.

Holland &Hart LLP Phone [307) 778-4200 F ax [307] 778-8 1 75 www.hollandhart.com 2515 W arren A venue S uite 450 Cheyenne, WY 8200 1 Mai l ing Address P

.O

. Box 1347 Cheyenne,WY 82003
- 1 347 Aspe n B illings Boise Bou lder Cheyenne Co lorado Springs Denve r Denver T ech Cen ter J ackso n Hole Salt Lake City Sa nta F e W ashin gton, D

.C. <JTHE L AW OU T WEST " 

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

### of Environmental Quality, 

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

... ifthe predicted impact

... is less than the maximum allowable increment

.. ." Powd er River Basin Resource Council, 

### 226 P.3d at 815-16, citing 

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

### at 820. The WDEQ's proposed language might be sufficient to satisfy the Supreme Court' s concerns and accomplish the agency's objectives , but Basin Electric is concerned that some ambiguity might remain. There could be a potential question whether the new rule will persuade the Wyoming Supreme Court that SILs may be used not only at the screening level to avoid cumulative modeling ofPM2.5 sources, but also to allow a permit to be issued, despite cumulative modeling ofNAAQS or increment exceedances , as long as the contribution ofthe source to such exceedances is less than SILs. One reason for concern is that the proposed rule change does not alter the language that the Court held precluded the use of SILs where cumulative modeling shows a NAAQS or increment exceedance

. This fact and the proposed requirement that impacts be less than SILs "in all areas" suggest that it would be helpful to be more explicit about the circumstances in which SILs may apply, in order to avoid future misunderstanding. The proposed Table 2 and the language preceding Table 2 is patterned directly on the EPA regulation that adopted SILs for PM2.5. EPA explains in the preamble to the regulation that SILs may be used both for screening purposes to avoid cumulative modeling and, if cumulative modeling is performed, to allow issuance ofa permit despite a NAAQS or increment exceedance, where the source ' s contribution to such exceedance is less than SILs

. These lessthan-SILs impacts are not deemed to "cause or contribute" to the exceedance

. 75 Fed

. Reg

. at 64890-91 (October 20, 2010). This rule was adopted after the Wyoming Supreme Court' s ruling in Powder River Basin Resource Council, 

### and it is not unreasonable to hope that the WDEQ ' s

Holland &Hart LLP Phone [307] 778-4200 F ax [307] 778· 8175 www
. hollandhart

.com 2515 Wa rren Aven ue Suite 4SO Cheyenne,WY 82001 M ailing Add ress P

.O

. Box 1347 Cheyenne,WY 82003 · 1347 Aspen Bill ings Boise Boulder Cheyenne Colo rado Sp rings Denver Denver T ech C enter Jacks on Hole Sa lt L ake City Santa F e Was hington, D

.C. <J

# HOLLAND&HARL

# ~ THE LA W O UT WE ST " 

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

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

. However, the proposed rule also states that the requirement is satisfied ifthe impact of the source is less than SILs "in all areas". We believe it is the intent ofthe WDEQ that, when cumulative modeling is done, " in all areas" should mean only those areas where a NAAQS or increment would be exceeded, and should not mean areas where impacts ofthe source might exceed a SIL but cumulative impacts remain below NAAQS and increment levels. However, Basin Electric is concerned that there is a least some risk of ambiguity, and that risk can readily be removed by stating the intent more explicitly. EPA uses the same "in all areas " phrase, and did not intend this phrase to preclude permitting ofa project, despite NAAQS or increment exceedances, as long as the impact ofthe project at the times and places of such exceedances are less than SILs. However, given the problems that the Supreme Court had with language that remains unchanged in the proposed rule, and the possibility that "in all areas" might be misconstrued to preclude permitting of a source with de minimis impacts, the rule should be especially clear on this point. Enclosed with these comments is a markup ofthe current rule that includes alternative language to the WDEQ ' s proposal. Basin Electric believes that the alternative language is consistent with the WDEQ's intent, but may provide additional clarity regarding the intent and effect ofthe rule change. Basin Electric's alternative adds "cause or contribute" language that parallels the EPA rule, as well as explicitly stating that the PM 2.5 SILs apply both as a screening tool to avoid unnecessary cumulative modeling, and also at the cumulative modeling stage to allow permitting despite exceedances ofa NAAQS or increment as long as the contribution ofthe source to the exceedance is less than the SIL. We encourage the WDEQ to recommend, and the Environmental Quality Council to adopt, this alternative language as the final rule. Equally important, Basin Electric encourages the WDEQ to undertake a further rulemaking as soon as possible to provide for the same treatment for other pollutants. Basin Electric submits that projects that are beneficial to Wyoming' s economy and its citizens, and that provide jobs and tax revenues while meeting important energy needs , should not be precluded

Holland&Hart tt• Phone [307] 778-4200 F ax [307] 778-8 1 75 www
. hollandhart.com 25 1 5 Warre n A ven ue Su ite 450 Cheye n ne, WY 82001 Mailing Addre ss P

.O

. Box 1 347 Cheyenne,WY 82003- 1 347 Aspen Billings B oi s

e Boulder Cheye n ne Co lorado S p rin gs Denve r Denver T ech Cen ter Jacks o n Ho le Sa lt L ake City Santa F e Wa sh ington, D

.C. <J

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

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

# ~I Mark R. Ruppert P.C. for Holland & 

### Hart LLP 

### Attorneys for Basin Electric Power Cooperative 

### MRR

5356212_1.DOCX

Holland &Hart LLP Phone [307] 778-4200 Fa• [307] 778-8175 www
.hollandhart

.com 2515 Warren Avenue Suite 450 Cheyenne,WY 82001 Mailing Address P.O

. Box 1347 Cheyenne,WY 82003-1347 Aspen Billings Boise Boulder Cheyenne Colorado Sp rin gs Denver Denver Tech Center Jackson Hole Salt Lake City Santa Fe Washington, D

.C. ,-;

### (b) Any person who plans to construct any major stationary source or undertake a major modification ofan existing stationary source shall be subject to the conditions outlined below. (i) (A) (I) The review ofthe stationary source for the construction or modification permit(s) required under Chapter 6, Section 2 ofthese regulations shall apply and shall be expanded so as to include analysis ofthe predicted impact ofthe allowable and secondary emissions from the stationary source 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 or under the Federal Clean Air Act and which are emitted in significant amounts
. An analysis of the impact ofother pollutants may be required by the Administrator. Such analysis shall identify and quantify the 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 other permits issued in the area. The purpose ofthis analysis is to determine the total deterioration of air quality from the baseline concentrations ; however, projections of deterioration due to general non-stationary source growth in the area predicted to occur after the date ofapplication is not required. A permit to construct pursuant to Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are complied with and ifthe allowable emission increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of: (a) any national ambient air quality standard in any air quality control region; or (b) any applicable maximum allowable increase over the baseline concentration, the predicted impact (over and above the 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.

6-71

### Table 1 Maximum Allowable Increments ofDeterioration

- μg/m3


### Pollutant Particulate Matter: PMz 5. 

### annual arithmetic 

### mean PMz 5. 

### 24-hr maximum PM 10, 

### annual arithmetic mean PM 10, 

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

=

### ~ 

### 4 8

2 

### 5 

### 25

2.5 Class 

### II**~** 

## 2 17 30

20 

### 91 

### 512

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

Pollutant Averaging Ti.me , 

### tA..nnual 24-hoUli Table

6-72

# Department of Environmental Quality

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



### January 10, 2012

Mr

. Mark Ruppert PC Holland and Hart LLP P.O. Box 1347 Cheyenne, WY 82003
Dear Mr. Ruppert, John Corra, Director



### The Air Quality Division received your December 29, 2011 comments on proposed Air Quality rulemaking, scheduled for a public hearing on January 13, 2012. Your comments were submitted on behalf of Basin Electric Power Cooperative and were limited to the proposed changes to Chapter 6 ofthe WAQS&R, Section 4(b)(i)(A)

. We have reviewed your comments and understand that you are attempting to address some of the ambiguities in PSD rulemaking language that surfaced in the recent Wyoming Supreme Court decision in Powder River Basin Resource Council v. Wyoming Department of Environmental Quality, 2010, WY 25, 226, P.3d 809 (2010). Given the complexity ofthe issues you have raised and the likely interest ofother parties involved, we would suggest that your proposal to further modify Chapter 6, Section 4(b) be deferred to a future rulemaking effort. We would like to take the time to carefully review your proposal and discuss with EPA before asking the Council to act on it. We also believe that the changes you are proposing are significant enough that we should take them through the full blown rulemaking process allowing ample time for public comment
. Thank you for taking the time to review and comment on our regulations

. Although we do not have a precise date for a future rulemaking effort, we are already looking to make additional changes to Chapter 6, Section 4 that may occur this summer. 

### Ifyou have any further concerns or comments, please feel free to contact me.

# Zka.D~ Steven A. Dietrich Air Quality Administrator

cc: Chad Schlictemeier Christine Anderson

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

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

. WASTE (307) 777-7752 FAX 777-5973 WATER QUALITY (307) 777-7781 FAX 777-5973

### THE STATE OF WYOMING ENVIRONMENTAL QUALITY COUNCIL AGENDA The agenda may be amended at anytime, up to 

### 24 hours prior to the meeting. Emergency items can be added at any time. Agenda items that do not have a specific time indicated can be taken up by the Council at any time. MEETING DATE : January 12-13 , 2012-Bank ofGreybull, 601 Greybull Ave., Greybull, WY -9 :00 A

.M

. JANUARY 12, 2012

- HEARING: In the Matter ofthe Appeal ofNotice ofViolation and Order Dated July 29t\ 2011 Issued to Good Mining Company, LLC

- Docket No. 11-4201A- 9:00 A.M. JANUARY 12, 2012

- HEARING: In the Matter ofthe Protest to the Issuance ofthe Permit to Construct No. 11-008 (New Fashion Pork)-Docket No. 11-3801-1:00 P.M. -Motion to Dismiss JANUARY 13, 2012

- RULEMAKING HEARING: DEQ, AQD, Chapters 3,5,6,11,14

- Docket No. 11-2101 -8:30A.M. JANUARY 13, 2012

- RULEMAKING HEARING: DEQ, WQD, Chapters 3,5,11,12,16,20,21,23 with New Addit'I. Chapts. 25 and 26-11:00 A.M. 

### C

ALL TO ORDER

- Introduction ofCouncil and Staffand EQC's New Assigned Attorney General, John Knepper 1. 

### APPROVAL OFMINUTES A. 

### November 16, 2011
2. 

### CONSENT AGENDA A. Notice ofViolation and Orders

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

- Notice ofViolation and Order

- DEQ Docket No. 4917-11, EQC Docket No. 11-3209

b. 44 Mag Production, Inc. , 4328 Highway 66, Longmont, CO, Notice ofViolation and OrderDEQ Docket No. 4927-11 , EQC Docket No. 11-3210

c. Pioneer Oil, LLC, 1728 Lampman Drive, Suite A, Billings, MT

- Notice ofViolation and Order -DEQ Docket No. 4926-11 , EQC Docket No. 11-3211

d

. Trans-Western Petroleum, Ltd., 1123 SH 26, P

.O

. Box 276, Golden, CO-Notice ofViolation and Order

- DEQ Docket No. 4925-11 , EQC Docket No. 11-3212

e. Pinnacle Gas Resources, Inc., l East Alger, Sheridan, WY

- Notice ofViolation and Order

- DEQ Docket No

. 4924-11, EQC Docket No. 11-3213

f. 

### Yellowstone RV and Auto Repair, 124 West Yellowstone, Cody, WY -Notice ofViolation and Order

- DEQ Docket No. 4473-09, EQC Docket No

. 11-5223B. Administrative Order on Consent

a. In the Matter ofthe Administrative Order on Consent Issued to the City ofDouglas, WY

- DEQ Docket No. 4743-10, EQC Docket No. 10-5901-Joint Stipulation to Modify Administrative Order on Consent b. 

### In the Matter ofthe Administrative Order on Consent Issued to the City ofRawlins, WY

- DEQ Docket No. 4815-11, EQC Docket No

. 11-5901- Joint Stipulation to Modify Administrative Order on Consent

c. 

### In the Matter ofthe Administrative Order on Consent Issued to the Town ofWheatland, Wyoming- EQC Docket No. 10-5907

- Joint Stipulation to Modify Administrative Order on Consent C

. Bond Forfeiture

a. ORO Management, LLC, P.O. Box 1389, Green River, WY

- License to Explore 238LE- DEQ Docket No. 4907-11, EQC Docket No. 11-4503 

### 3 APPROVAL OF ORDERS A. 

### In the Matter ofthe Objection to the Small Mine Permit ofGECR, LLC. TFN 5 4/191, Docket No. 11-4804- Order Granting Small Mine Permit TFN 5 4/191 B. 

### In the Matter ofthe Objection to the Proposed Renewal Permit Sand Draw Landfill, SHWD File #10-195

- Docket No. 11-5602

- Findings ofFact, Conclusions ofLaw and Order 

### 4. DISCUSSION A. Executive Secretary's Report

- Jim Ruby 1. Assignment ofPresiding Officer's to New Cases B. AG Report

- John Knepper

ADJOURNIn accordance with the Americans with Disabilities Act, special assistance or alternate formats will be made available upon request for individuals with disabilities.Draft 8115111


### WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION STANDARDS AND REGULATIONS
General Emission Standards 

### CHAPTER3
Section 9. Incorporation by reference. (a) Code ofFederal Regulations (CFR). All Code ofFederal Regulations (CFR), including their Appendices, cited in this Chapter, revised and published as ofJuly**I,~** 2010, not including any later amendments, are incorporated by reference. Copies ofthe Code ofFederal Regulations are available for public inspection and copies can be obtained at cost from the Department ofEnvironmental Quality, Division ofAir Quality, 122 W

. 25th Street, Cheyenne, Wyoming 82002

. Copies ofthe CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B , Blue Ridge Summit, PA17214. (b) American Society for Testing and Materials (ASTM). All ASTM standards cited in this Chapter, revised and published as ofJuly 1,**~** 2.0..l.Q, not including any later amendments, are incorporated by reference. Copies ofthe ASTM standards are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division ofAir Quality, 122 W. 25th Street, Cheyenne, Wyoming 82002. Copies can also be obtained at cost from the American Society for Testing and Materials, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959.

3-1

### WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION STANDARDS AND REGULATIONS General Emission Standards CHAPTER3
Section 9. 

### Incorporation by 

### reference. (a) Code ofFederal Regulations (CFR). All Code ofFederal Regulations (CFR), including their Appendices, cited in this Chapter, 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 and copies can be obtained at cost from the Department ofEnvironmental Quality, Division ofAir Quality, 122 W. 25th Street, Cheyenne, Wyoming 82002. Copies ofthe CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214. (b) American Society for Testing and Materials (ASTM). All ASTM standards cited in this Chapter, revised and published as ofJuly 1, 2010, not including any later amendments, are incorporated by reference. Copies ofthe ASTM standards are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division ofAir Quality, 122 W. 25th Street, Cheyenne, Wyoming 82002. Copies can also be obtained at cost from the American Society for Testing and Materials, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959.

3-1WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION STANDARDS AND REGULATIONS Permitting Requirements
CHAPTER6 Section 4. Prevention of significant deterioration. (a) Definitions. For purposes ofthis section: 

### ''Actual emissions" 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 a significant emissions increase has occurred, or for establishing a PAL under paragraph (b)(xv) ofthis section. Instead, the definitions for "Projected actual emissions" and

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

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

### "Allowable emissions" means the emission rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to enforceable permit conditions which limit the operating rate or hours ofoperation, or both) and the most stringent ofthe following: (i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these regulations and other new source performance standards and national emission

6-1standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the State ofWyoming. (ii) Any other applicable emission limit in these regulations. (iii) The emission rate agreed to by the owner or operator as an enforceable permit condition. 

### "Baseline actual emissions" means the rate ofemissions, in tons per year, ofa regulated NSR pollutant, 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 by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction ofthe project. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation

. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions

. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) 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 NSR pollutant. (D) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by paragraph (i)(B) ofthis definition. (ii) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction ofthe project, or the date a complete permit application is received by the Division for a Chapter 6, Section 4 permit, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15 , 1990.

6-2(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was 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 which the 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 NSR pollutant. (E) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by paragraphs (ii)(B) and (C) of this definition. (iii) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation of such 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 part thereof) 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 have an air quality impact for the pollutant for which the baseline date is established as

6-3follows: Equal to or greater than 1 μg/m 3 (annual average) for S02, N02, or PM10; or equal to or greater than 0.3 μg/m 3 (annual average) for PM25 • (i) The following baseline areas have been designated as separate particulate matter attainment areas under section 107 ofthe Clean Air Act: (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, excluding the 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 NW'/.i ofSection 27, T50N, R71 W, Campbell County, Wyoming

. (C) The Hampshire Energy Area, described as that area bounded by Section 6 excluding the SW'/.i; 

### EYi Section 7 ; Section 17 excluding the SW'/.i ; Section 14 excluding the SE'/.i; Sections 2, 3, 4, 5, 8, 9, 10, 11 , 15 , 16 of T48N, R70W and Section 26 excluding the NE'/.i ; SW'/.i 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 WYiSW'/.i Section 18, WYiNW'/.i, NW'/.iSW'/.i Section 19, T47N, R70W, SYi Section 13 , 

### NYi, N YiSW'/.i, N YiSE'/.i Section 24 T47N, R71 W, Campbell County, Wyoming. (E) The remainder of the State ofWyoming. (ii) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM 10 increments. 

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

6-4(iii) Contributions due to emissions from any emitting source or modification which (1) is not listed in Chapter 6, Section 4(a) under the definition for

"Major stationary source'', item (a) and qualified as " major" prior to August 7, 1980 only because fugitive emissions were included in determining potential to emit, (2) submitted a complete permit application under Chapter 6, Section 4(b) or the Federal Clean Air Act prior to August 7, 1980, and (3) was in existence as ofthe minor source baseline date; (iv) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increment: (A) Actual emissions, as defined in this section, from any major stationary source on which construction commenced after the major source baseline date; and (B) Actual emissions increases and decreases, as determined in accordance with the definition for "Actual emissions" in this section, at any stationary source occurring after the minor source baseline date. 

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

### "Best available control technology" means an emission limitation (including a visible emission standard) based on the maximum degree ofreduction ofeach pollutant subject to regulation under these Standards and Regulations or regulation under the Federal Clean Air Act, which would be emitted from or which results for any proposed major stationary source or major 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 or modification through application or production processes and available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control ofsuch pollutant. Ifthe Administrator determines that technological or economic limitations on the application ofmeasurement methodology to a particular emissions unit would make the imposition ofan emission standard infeasible, he may instead prescribe a design, equipment, work practice or operational standard or combination thereofto satisfy the requirement ofBest Available Control Technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation ofsuch design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results

. Application ofBACT shall not result in emissions in excess ofthose allowed under Chapter 5, Section 2 or Section 3 ofthese regulations and any

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

### "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reduction in air emissions ofsulfur dioxide or oxides 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 coal technology demonstration project" means a project using funds appropriated under the heading "Department ofEnergy-Clean Coal Technology", up to a total amount of$2,500,000,000 for commercial demonstration ofclean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost ofthe demonstration project. 

### "Commenced'', as applied to construction ofa major stationary source or major modification, means that the owner or operator has obtained a Construction Permit required by Chapter 6, Section 2 and either has (i) begun, or caused to begin, a continuous program ofactual on-site construction ofthe source or (ii) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner 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 ofpermit processing does not preclude the Division from requesting or accepting any additional information. 

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

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

### "Continuousparameter monitoring system (CPMS)" means all ofthe equipment necessary to meet the data acquisition and availability requirements ofthis section, to

6-6monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 0 2 or C02 concentrations), and to record average operational parameter value(s) on a continuous basis. 

### "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than 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 generator that 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 NSR pollutant and includes an electric utility steam generating unit as defined in this section. For purposes ofthis section, there are two types ofemissions units as described in paragraphs (i) and (ii) ofthis definition. (i) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated. (ii) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph (i) ofthis definition. 

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

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

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

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

### "Indian Governing Body" means the governing body ofany tribe, band, or group ofIndians subject to thejurisdiction ofthe United States and recognized by the United States as possessing power ofself-Government.

6-7

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

### "Innovative control technology" 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 or category ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or (ii) The most stringent emissions limitation which is achieved in practice by such class or category ofstationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. In no event shall the application ofthe term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard ofperformance. 

### "Low terrain" means any area other than high terrain. 

### "Major modification" 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 NSR pollutant (as defined in the definition for "Regulated NSR pollutant" in this section); and a significant net emissions increase ofthat pollutant from the major stationary source. Any significant emissions increase (as defined in the definition for "Significant emissions increase" in this section) from any emissions units or net emissions increase (as defined in the definition for ''Net emissions increase" in this section) at a major stationary source that is significant for volatile organic compounds or NOx shall be considered significant for ozone. (i) A physical change or change in the method ofoperation shall not include: (A) Routine maintenance, repair and replacement.

6-8(B) Use ofan alternative fuel by reason ofan order under section 125 ofthe Federal Clean Air Act; (C) An increase in the hours ofoperation or in the production rate, if such increase does not exceed the operating design capacity ofthe major stationary source unless such change would be prohibited by, or inconsistent with, an enforceable permit issued by the Division; (D) Use ofan alternative fuel or raw material by reason ofan order in effect under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), or by reason ofa natural gas curtailment plan in effect pursuant to the Federal Power Act; (E) Use ofan alternative fuel or raw material, ifprior to 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 by the 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 or removal ofa temporary clean coal technology demonstration project, provided that the project complies with : (I) The Wyoming State Implementation Plan, and (II) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. (I) The installation or operation ofa permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit ofany regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis. (J) The reactivation ofa very clean coal-fired electric utility steam generating unit. (ii) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under paragraph (b)(xv) ofthis section for a PAL for that pollutant. Instead, the

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

### "Major source baseline 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 ofPM25, October 20, 2010

. 

### "Major stationary source" means (a) any ofthe following stationary sources of air pollutants which emit, or have 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 Air Act: fossil fuel-fired steam electric plants of more than two hundred and fifty million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable ofcharging more than two hundred and fifty tons ofrefuse 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, secondary metal production plants, chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil fuel boilers (or combinations thereof) ofmore than two hundred and fifty million British thermal units per hour heat input, petroleum storage and transfer plants with a capacity exceeding three hundred thousand barrels, taconite ore processing plants, glass fiber 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 Air Act. (c) Such term also includes any physical change that would occur at a stationary source not otherwise qualifying under this definition ifthe change would constitute a major stationary source by itself

. (d) A major source which is major for volatile organic compounds or NOxis considered to be major for ozone. 

### "Minor source baseline date" means the earliest date after August 7, 1977 for PM 10 and sulfur dioxide, and after February 8, 1988 for nitrogen oxides, and after October 20, 2011 for PM2 5 on which a major stationary source or major modification submits a complete permit application under Chapter 

### 6, Section 4(b) or under the Federal Clean Air Act.

6-10(i) The minor source baseline date for sulfur dioxide for the State of Wyoming is February 2, 1978. (ii) The minor source baseline date for nitrogen oxides for the State of Wyoming is February 26, 1988. (iii) The minor source baseline date for PM10 is as follows: (A) For the Powder River Basin Area

- March 6, 1997; (B) For the Pacific Power and Light Area

- June 18 1980; (C) For the Hampshire Energy Area

- September 30, 1982; (D) For the Kennecott-Puron Area- February 27, 1995; (E) For the 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 or modification would construct is designated as attainment or unclassifiable under the Federal Clean Air Act for the pollutant on the date ofits complete application; and (B) In the case ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant. (v) The baseline date is not established by the permit application for an emitting source or modification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a), (2) qualified as "major" prior to August 7, 1980 only because fugitive emissions were included in determining potential to emit, and (3) submitted a complete permit application under Chapter 6, Section 4(b) or the Federal Clean Air Act prior to August 7, 1980. (vi) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM 10 increments. 

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

6-11(i) The increase in emissions from a particular physical change or change in the method ofoperation at a stationary source as calculated pursuant to paragraph (b)(i)(J) ofthis section ; (ii) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable

. Baseline actual emissions for calculating increases and decreases under this paragraph (ii) shall be determined as provided in the definition for "Baseline actual emissions", except that paragraphs (i)(C) and (ii)(D) ofthe definition for "Baseline actual emissions" shall not apply. (iii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs between: (A) The date five years before construction on the particular change commences ; and (B) The date that the increase from the particular change occurs. (iv) An increase or decrease in actual emissions is creditable only if: (A) The Division has not relied on it in issuing a Chapter 6, Section 4 permit for the source, which is in effect when the increase in actual emissions from the particular change occurs. (v) An increase or decrease in actual emissions ofsulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculating the amount ofmaximum allowable increases remaining available. (vi) An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old level. (vii) A decrease in actual emissions is creditable only to the extent that: (A) The old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (B) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins ; (C) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and

6-12(viii) An increase that results from a physical change at a source occurs when the emissions unit 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, not to exceed 180 days. (ix) The definition of"Actual emissions" ofthis section, shall not apply for determining creditable increases and decreases. 

### "Potential to 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 or the 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 emissions monitoring system (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, 

### 0 2 or 

### C02 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 

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

### "Projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one ofthe 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one ofthe 10 years following that date, ifthe project involves increasing the emissions unit' s design capacity or its potential to emit that regulated NSR pollutant, and full utilization ofthe unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source. (i) In determining the projected actual emissions under the above paragraph ofthis section (before beginning actual construction), the owner or operator of the major stationary source: (A) Shall consider all relevant information, including but not limited to, historical operational data, the company' s own representations, the company' s expected business activity and the company' s highest projections ofbusiness activity, the company' s filings with the State or Federal regulatory authorities, and compliance plans approved by the Division;

6-13(B) Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; 

### (C) Shall exclude, in calculating any increase in emissions that results from the 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 elect to use the emissions unit' s potential to emit, in tons per year, as defined under the definition of"Potential to emit" ofthis section. 

### "Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method ofoperation associated with the commencement ofcommercial operations by a coal-fired utility unit after a period of discontinued operation where the unit: (i) Has not been in operation for the two-year period prior to the enactment ofthe Clean Air Act 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 prior to shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide ofno less than 85 percent and a removal efficiency for particulates ofnot less than 98 percent; (iii) Is equipped with low-NOx burners prior to the time of commencement ofoperations following reactivation ; and (iv) Is otherwise in compliance with the requirements ofthe Clean Air Act. 

### "RegulatedNSRpollutant" , for purposes ofthis section, means the following: (i) Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this paragraph as a constituent or precursor to such pollutant. Precursors identified by the EPA Administrator for purposes ofNSR are the following : (A) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.

6-14(B) Sulfur dioxide is a precursor to PM25 in all attainment and unclassifiable areas . (C) Nitrogen oxides are presumed to be precursors to PM25 in all attainment and unclassifiable areas, unless the State demonstrates to the EPA Administrator' s satisfaction or EPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not a significant contributor to that area' s ambient PM25 concentrations. (D) Volatile organic compounds are presumed not to be precursors to PM25 in any attainment or unclassifiable area, unless the State demonstrates to the EPA Administrator' s satisfaction or EPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributor to that area' s ambient PM2 .5 concentrations. (ii) Any pollutant that is subject to any standard promulgated under section 111 ofthe Federal Clean Air Act; (iii) Any Class I or II substance subject to a standard promulgated under or established by Title VI ofthe Federal Clean Air Act; (iv) Any pollutant that otherwise is subject to regulation under the Federal Clean Air Act; except that any or all hazardous air pollutants either listed in section 112 ofthe Federal Clean Air Act or added to the list pursuant to section 112(b)(2) ofthe Federal Clean Air Act, which have not been delisted pursuant to section 112(b)(3) ofthe Federal Clean Air Act, are not regulated NSR pollutants 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, PM2.5 emissions, and PM 10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011 , such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM25 and PM 10 in PSD permits. Compliance with emissions limitations for PM, PM25 and PM 10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions ofthe permit or the applicable implementation plan

. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation ofthis section unless the applicable implementation plan required condensable particulate matter to be included.

6-15

### "Replacement unit" means an emissions unit for which all the criteria listed in this section are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced

. (i) The emissions unit is a reconstructed unit within the meaning of 40 CFR part 60.lS(b)(l), or the 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 5l.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 permit that is enforceable as a practical matter. Ifthe replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

### "Repowering" means replacement ofan existing coal-fired boiler with one ofthe following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as determined by the Administrator of EPA, in consultation with the Secretary ofEnergy, a derivative ofone or more ofthese technologies, and any other technology 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 come from the major stationary source or major modification itself

. For the purposes of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result ofthe

6-16construction 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 or from a train

. 

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

Ozone: Lead: Fluorides: Sulfuric acid mist: Hydrogen sulfide (H2S): Total reduced sulfur (including H2S): Reduced sulfur compounds (including H2S): Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): Municipal waste combustor metals (measured as particulate matter): Municipal waste combustor acid gases 100 tons per year (tpy) 40 tpy 40 tpy 25 tpy ofparticulate matter emissions ; 15 tpy ofPM 10 emissions 10 tpy ofdirect PM2.s emissions; 40 tpy ofsulfur dioxide emissions; 40 tpy ofnitrogen oxide emissions unless demonstrated not to be a PM2.s precursor under the definition of"Regulated NSR pollutant" in Section 4(a) ofthis chapter 40 tpy ofvolatile organic compounds or nitrogen oxides 0.6 tpy 3 tpy 

### 7 tpy 10 tpy 10 tpy 10 tpy

3.2 x 10-6 megagrams per year (3.5 x l 0-6 tons per year)
14 megagrams per year ( 15 tons per year) (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year)

6-17Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year) (ii) " Significant" means, in reference to a net emissions increase or the potential ofa source to emit a pollutant subject to these regulations and regulations under the Clean Air Act, 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 1 μg/m 3 (24-hour average). 

### "Significant emissions increase" means, for a regulated NSR pollutant, 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, or operation" 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 under the control ofthe same person (or persons under common control) except the activities ofany vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same Major Group (i.e. , which have the same two-digit code) as described in the StandardIndustrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005- 00176-0, respectively). 

### "Temporary clean coal technology demonstrationproject" means a clean coal technology demonstration project that 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. (b) Any person who plans to construct any major stationary source or undertake a major modification ofan existing stationary source shall be subject to the conditions outlined below

.

6-18(i) (A) (I) The review ofthe stationary source for the construction or modification permit(s) required under Chapter 6, Section 2 ofthese regulations shall apply and shall be expanded so 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 or under the Federal Clean Air Act and which are emitted in significant amounts. An analysis ofthe impact ofother pollutants may be required by the Administrator. Such analysis shall identify and quantify the 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 other permits issued in the area. The purpose ofthis analysis is to determine the total deterioration ofair quality from the baseline concentrations ; however, projections of deterioration due to general non-stationary source growth in the area predicted to occur after the date ofapplication is not required. A permit to construct pursuant to Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are complied with and ifthe predicted impact (over and above the 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

- μg/m 3
Pollutant Particulate Matter: PM25 , annual arithmetic mean PM2.5, 24-hr maximum PM 10, annual arithmetic mean PM 10, 24-hour maximum
Sulfur Dioxide: Annual arithmetic mean 24-hour maximum* 3-hour maximum* Nitrogen Dioxide Annual arithmetic mean Class I I 2 4 8

2 

### 5 

### 25

2.5 Class II
4 9 17 30

20 91 

### 512

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

### (1.) For purposes ofPM2.5, the demonstration required in paragraph (b)(i)(A)(I) ofthis section is deemed to have been made ifthe

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

.

Pollutant Table 2 PM25 Significant Impact Levels Averaging Time Annual 24-hour Class I 0.06 μg/m 3 0.07 μg/m 3 Class II 0.3 μg/m 3 1.2 μg/m 3 (II) Notwithstanding the provisions of paragraph (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, or both by reason ofan order in effect under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such sources before the effective date ofsuch an order. No such exclusion shall apply for more than five years after the later of such effective dates ; (2.) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason ofnatural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources before the effective date of such plan. No such exclusion shall apply for more than 5 years after the later of such effective date; (3.) Concentrations ofparticulate matter attributable to the increase in emissions from construction or other temporary emission-related activities ofnew or modified sources ; (4.) The increase in concentrations attributable to new sources outside the United States over the 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. b

. The 2-year time period is not renewable.

6-20c. 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 area where they would cause or contribute to a violation ofthe applicable ambient air quality standard. d. At the end ofthe temporary emission time frame, emissions from the stationary source causing these temporary emissions shall not exceed those levels occurring at such source prior to such temporary emission. (B) In addition to the analyses required under Chapter 6, Section 4(b)(i)(A) above, (I) The owner or operator shall provide an analysis ofthe impairment to visibility, soils and vegetation that would occur as a result ofthe source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value. (II) The owner or operator shall provide an analysis ofthe air quality impact projected for the area as a result ofgeneral commercial, residential, industrial and other growth associated with the source or modification. (C) The requirements for demonstration ofcompliance with applicable increments ofChapter 6, Section 4(b)(i)(A)(I), the additional analysis requirements ofChapter 6, Section 4(b)(i)(B) and the ambient air quality analysis requirements ofChapter 6, Section 4(b)(i)(E) shall not apply to a proposed major stationary source or modification with respect to a particular pollutant ifthe Administrator determines that: (I) The increase in allowable emissions ofthat pollutant from the stationary source or the net emissions increase ofthat pollutant from a modification would be temporary and would impact no Class I Area and no area where an applicable increment is known to be violated ; or (II) The stationary source was in existence on March 1, 1978, and that the maximum allowable emission increases only impact Class II Areas, and that after application ofBACT, the increase in allowable emissions ofeach pollutant would be less than 50 tons per year. (D) Fugitive emissions, to the extent quantifiable, will be considered in calculating the potential to emit ofthe stationary source or modification only for:

6-21(I) Sources listed in Chapter 6, Section 4(a) under the definition of" Major stationary source", item (a). (II) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111or112 ofthe Clean Air Act. (III) And such other sources as the Environmental Quality Council may later determine. (E) An application subject to this section shall contain an analysis ofambient air quality in the area that would be affected by the stationary source or modification as required below: (I) For each pollutant that the source would have the potential to emit in a significant amount. (II) For the modification, each pollutant for which it would result in a significant net emissions increase. (III) 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 may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year.(V) All monitoring conducted pursuant to the requirements ofthis section shall meet the requirements ofAppendix B of40 CFR part 58

. (VI) The requirements for pre-construction monitoring specified above and under Chapter 6, Section 2(b) with respect to monitoring for a particular pollutant may be waived by the Administrator upon petition from an applicant if: 

### (1.) The emissions increase ofthe pollutant from a new stationary source or the net emissions increase ofthe pollutant from a modification would cause, in any area, air quality impacts less than the following amounts:

6-22a. Carbon Monoxide

- 575 μg/m 3

, 8-hour average ; b

. Nitrogen Dioxide

- 14 μglm3, annual average;

c. PM25
- 4 μg/m 3

, 24-hour average ; d. PM 10 - 10 μg/m 3 ofPM1 0, 24-hour average ;

e. Sulfur Dioxide

- 13 μg/m 3

, 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 subject to PSD would be required to perform an ambient impact analysis, including the gathering ofair quality data.)
g. Lead

- 0.1 μg/m 3

, 3-month average; h. Fluorides

- 0

.25 μg/m 3

, 24-hour average; i. Total Reduced Sulfur

- 10 μg/m 3

, I-hour average; j. Hydrogen Sulfide

- 0.2 μg/m 3

, 1-hour average; k. Reduced Sulfur Compounds

- 10 μg/m 3

, 1-hour average; or (2.) The concentrations ofthe pollutant in the area that the source or modification would affect are less than the concentrations listed in paragraph (b)(i)(E)(VI)(l.) ofthis section; or (3.) The pollutant is not listed in paragraph (b)(i)(E)(VI)(l.) ofthis section. (F) The Administrator may require an applicant subject to the provisions ofthis section to conduct an approved visibility monitoring program in any Class I Area which may be impacted by emissions from the proposed stationary source.

6-23(G) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue ofa relaxation in any enforceable limitation which was established after August 7, 1980 on the capacity ofthe source or modification 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 or modification

. (H) The following specific provisions apply to 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 NSR pollutant could be affected by the project; and 

### (3.) A description ofthe applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (i)(C) ofthe definition for " Projected actual emissions" in Section 4(a) and an explanation for why such amount was excluded, and any netting calculations, ifapplicable

. (II) Before beginning actual construction, the owner or operator shall provide the information set out in paragraph (b)(i)(H)(l) ofthis section to the Division as a Chapter 6, Section 2 permit application

. (III) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result ofthe project and that is emitted by any emissions unit identified in paragraph (b)(i)(H)(l)(2.) ofthis section; and calculate and maintain a record ofthe annual emissions, in tons per year on a calendar year basis, for a period of

### 5 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 NSR pollutant at such emissions unit. (IV) The owner or operator shall submit a report to the Division within 60 days after the end ofeach year during which records must be

6-24generated under paragraph (b)(i)(H)(III) ofthis section setting out the unit' s annual emissions during the calendar year that preceded submission ofthe report. (I) The owner or operator ofthe source shall make the information required to be documented and maintained pursuant to paragraph (b)(i)(H) ofthis section available for review upon request for inspection by the Division or the 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"Major modification" contained in Section 4(a), a project is a major modification for a regulated NSR pollutant ifit causes two types ofemissions increases - a significant emissions increase (as defined in the definition for " Significant emissions increase" in Section 4(a)), and a significant net emissions increase (as defined in the definitions for ''Net emissions increase" and

" Significant" in Section 4(a)). The project is not a major modification ifit does not cause a significant emissions increase. Ifthe project causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase

. (II) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e. , the first step ofthe process) will occur depends upon the type ofemissions units being modified, according to paragraphs (b)(i)(J)(III) through (V) ofthis section. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e. , the second step ofthe process) is contained in the definition for "Net emissions increase" in Section 4(a). Regardless ofany such preconstruction projections, a major modification results ifthe project causes a significant emissions increase and a significant net emissions increase. (III) Actual-to-Projected-Actual Applicability Test 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 For Projects That Only Involve Construction ofa New Emissions 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"

6-25in Section 4(a)) ofthese units before the project equals or exceeds the significant amount for that pollutant (as defined in the definition of" Significant" in Section 4(a)). (V) Hybrid Test For Projects That Involve Multiple Types ofEmissions Units. A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified in paragraphs (b)(i)(J)(III) and (IV) ofthis section as applicable with respect to each emissions unit, for each type ofemissions unit equals or exceeds the significant amount for that pollutant (as defined in the definition of" Significant" in Section 4(a)). (ii) (A) The required permit shall not be issued unless the proposed major stationary source or major modification would meet an emission limit(s) or equipment standard(s) specified by the Administrator to represent the application ofBest Available Control Technology for each pollutant regulated under these Standards and Regulations and under the 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 prior to commencement ofeach phase ofthe proposed project. At such time, the owner or operator ofthe applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbest available control technology for the stationary source. (B) In the case ofa major modification, the requirements for Best Available Control Technology shall apply only to each new or modified emissions unit at which a net emissions increase ofthe pollutant would occur. 

### (C) (I) The applicant for a permit for a source subject to this section may petition the Administrator to approve a system ofinnovative control technology

. (II) The Administrator, with the approval ofthe governor(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 equivalent to that which would have been required under paragraphs (ii)(A) and (B) above by a date specified by the Administrator. Such date shall not be later than 4 years from the time of startup or 7 years from permit issuance.

6-26(3.) The major stationary source or major modification would meet the 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 employing the system ofinnovative control technology would be required to meet on the date specified by the Administrator. (4.) The source or modification would not before the date specified by the Administrator:

a. Cause or contribute 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 by the Administrator if: ( 1.) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate, or (2.) The proposed system fails before the specified date so as to contribute to an unreasonable risk to 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 or to protect the public health, welfare, or safety. (IV) Ifthe source or modification fails to meet the required level ofcontinuous emissions reduction within the specified time period or ifthe approval is withdrawn in accordance with (III) above, the Administrator may allow the source or modification up to an additional three years to meet the requirement for the application of BACT through 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

6-27determining compliance with the maximum allowable increments in Table 1; however, Best Available Control Technology shall be applied to abate such temporary emission. (iv) All applications ofair quality modeling required under paragraph (b)(i) above shall be based on the applicable models, databases, and other requirements specified in Appendix W of40 CFR part 51 (Guideline on Air Quality Models). Where an air quality model specified in Appendix W of40 CFR part 51 (Guideline on Air Quality Models) is inappropriate, the model may be modified or another 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 ofthe EPA 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, or the Administrator ofEPA or the 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 or operator ofsuch source demonstrates to the satisfaction ofthe Administrator that emissions ofparticulate matter, sulfur dioxide, and nitrogen oxides will not cause or contribute to concentrations which exceed the maximum allowable increases for the Class I Area in question. (vi) (A) 

### In any case where a Federal Land Manager demonstrates to the satisfaction of the Administrator that 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 prior to the Public Notice issued pursuant to Chapter 6, Section 2(m) ofthese regulations, an analysis ofthe impact ofthe emissions on visibility in a Federal Class I Area, the Division must consider such analysis in making its proposed decision. Ifthe Federal Land Manager' s analysis concludes that an adverse impact on visibility in the Federal Class 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

.

6-28(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 I Areas (including visibility) notwithstanding the 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 Administrator may issue a permit. (viii) In the case ofa permit issued pursuant to 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 or contribute to concentrations ofsuch pollutant which exceeds the following maximum allowable increases over the baseline concentration for such pollutants :

Particulate matter: PM25, annual arithmetic mean PM2 5, 24-hr maximum PM 10, annual arithmetic mean PM1 0 , 24-hour maximum Sulfur dioxide: Annual arithmetic mean Twenty-four-hour maximum Three-hour maximum Nitrogen dioxide: Annual arithmetic mean Maximum Allowable Increase (micrograms per cubic meter)
4 9 17 30 

### 20 91 325

25 (ix) (A) In any case where the owner or operator ofa proposed major stationary source or major modification who has been denied a certification under subparagraph (vii) demonstrates to the satisfaction ofthe Governor ofWyoming (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 any Class I Area and, in the case offederal Mandatory Class I Areas, that a variance under this clause will not adversely affect the air quality related values ofthe area (including visibility), the Governor, after consideration ofthe Federal Land Manager' s recommendation (ifany) and subject to his concurrence, may grant a variance from such maximum allowable increase. Ifa variance is granted, a permit may be 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

6-29may 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 over the 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 more than 18 days during any annual period

.

Period ofexposure: Low terrain areas: 24-hr maximum 3-hr maximum High terrain areas: 24-hr. maximum 3-hr maximum 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 required to obtain additional relocation permits under this section if: (A) Emissions from the source would not exceed allowable emissions ; and (B) Such relocation would impact no Class I Area and no area where an applicable increment is known to be violated ; and (C) Notice is given to the Division at least 10 days prior to such relocation identifying the proposed new location and the probable duration ofoperation at such location; and (D) Emissions at the new location will be temporary
. (xi) After a final decision is made on an application for a source subject to this section, the final decision will be transmitted in writing to the applicant and the final decision and all comments received by the Division during the public comment period will be made available for public inspection in the same location where the application and analysis was posted. A copy ofeach permit application for each source or modification subject to this section and impacting a Federal Class I Area will be transmitted to EPA. EPA will be provided with notice ofeach action taken by the Division on such application.

6-30(xii) [Reserved.] (xiii) [Reserved.] (xiv) [Reserved.] (xv) Actuals Plantwide Applicability Limitations (PALs). (A) Applicability. (I) The Division may approve the use ofan actuals PAL for any existing major stationary source ifthe PAL meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section. The term " PAL" shall mean " actuals PAL" throughout paragraph (b)(xv) ofthis section. (II) Any physical change in or change in the method of operation ofa major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section, and complies with the PAL permit: (1.) Is not a major modification for the PAL pollutant; (2.) Does not have to be approved through a Chapter 6, Section 4 permit; and (3

.) Is not subject to the provisions in paragraph (b)(i)(G) ofthis section (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability ofChapter 6, Section 4). (III) Except as provided under paragraph (b)(xv)(A)(II)(3.) ofthis section, a major stationary source shall continue to comply with all applicable Federal or State ofWyoming requirements, emission limitations, and work practice requirements that were established prior to 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 Air Act. 

### "Actuals PAL for a major stationary source" means a PAL based on the baseline actual emissions (as defined in the definition for " Baseline actual emissions" in Section 4(a)) ofall emissions units (as defined in the definition for

6-31" 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. (ii) An emissions unit's potential to emit shall be determined using the definition of" Potential to emit" in Section 4(a), except that the words " or enforceable as a practical matter" should be added after " enforceable"

. 

### "Major emissions unit" means: (i) Any emissions unit that emits or has the potential to emit 100 tons per year or more ofthe PAL pollutant in an attainment area; or (ii) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the 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 or more tons of

## voe per year.) 

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

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

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

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

6-32

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

### "Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons per year, 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 PAL pollutant in an amount that is equal to or greater than the significant level (as defined in the definition for "Significant" in Section 4(a) or in the Clean Air Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in paragraph (b)(xv)(B) for the definition of"Major emissions unit" ofthis section. 

### "Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in the definition for "Significant" in Section 4(a) or in the Clean Air Act, whichever is lower. (C) Permit Application Requirements. As part ofa permit application requesting a PAL, the owner or operator ofa major stationary source shall submit the following information in paragraphs (b)(xv)(C)(l) through 

### (ill) 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 apply to 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-month rolling total for each month as required by paragraph (b)(xv)(M)(I) ofthis section. (D) General Requirements For Establishing PALs.

6-33(I) The Division may establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs (b)(xv)(D)(I)(l.) through (7.) ofthis section are met. (1.) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months ofestablishing a PAL, the major stationary source owner or operator shall show that the sum ofthe monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner 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. (2

.) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (b)(xv)(E) ofthis section. (3

.) The PAL permit shall contain all the requirements ofparagraph (b)(xv)(G) ofthis section

. (4.) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant 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 PAL through the PAL effective period. (II) At no time (during or after the PAL effective period) are emissions reductions ofa PAL pollutant that occur during the PAL effective period creditable as decreases for purposes ofoffsets under 40 CFR part 51. l 65(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL. (E) Public Participation Requirements For PALs. PALs for existing major stationary sources shall be established, renewed, or increased, through a

6-34procedure that is consistent with Chapter 6, Section 2

. This includes the requirement that the Division provide the public with notice ofthe proposed approval ofa PAL permit and at least a 30-day period for submittal ofpublic comment. The Division must address all material comments before taking final action on the permit. (F) Setting the 10-Year Actuals PAL Level. (I) Except as provided in paragraph (b)(xv)(F)(II) ofthis section, the actuals PAL level for a major stationary source shall be established as the sum ofthe baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under the definition of" Significant" in Section 4(a) 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 may be used for each 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 permit to become effective on the future compliance date(s) ofany applicable Federal or State ofWyoming regulatory requirement(s) that the Division is aware ofprior to issuance ofthe PAL permit. For instance, ifthe source owner or operator will be required to reduce emissions from industrial boilers in halffrom baseline emissions of60 ppm 

### NOxto 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 newly constructed 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 ofthe PAL Permit. The PAL permit shall contain, at a minimum, the information in paragraphs (b)(xv)(G)(I) through 

### (X) ofthis section. (I) The PAL pollutant and the applicable source-wide emission limitation in tons per year. (II) The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). (III) Specification in the PAL permit that ifa major stationary source owner or operator applies to renew a PAL in accordance with paragraph (b)(xv)(J) ofthis section before the end ofthe PAL effective period, then the PAL shall

6-35not expire at the end ofthe PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Division. (IV) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. (V) A requirement that, once the PAL expires, the major stationary source is subject to the requirements ofparagraph (b)(xv)(I) ofthis section. (VI) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph (b)(xv)(C)(I) ofthis section. (VII) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under paragraph (b)(xv)(M) ofthis section. (VIII) A requirement to retain the records required under paragraph (b)(xv)(M) ofthis section on site. Such records may be retained in an electronic format. (IX) A requirement to submit the reports required under paragraph (b)(xv)(N) ofthis section by the required deadlines. (X) Any other requirements that the Division deems necessary to implement and enforce the PAL. (H) PAL Effective Period and Reopening ofthe PAL Permit. (I) PAL Effective Period. The PAL effective period shall be 10 years. (II) Reopening ofthe PAL Permit. (1.) During the PAL effective period, the Division shall reopen the PAL permit to:

a. Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination ofemissions used to establish the PAL;

6-36b. Reduce the PAL ifthe owner or operator ofthe major stationary source creates creditable emissions reductions for use as offsets under 40 CFR part 51.165(a)(3)(ii); and

c. Revise the PAL to reflect an increase in the PAL as provided under paragraph (b)(xv)(K) ofthis section. 

### (2.) The Division may reopen the PAL permit for the following:

a. Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates 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 PSD increment violation, or to an adverse impact on an AQRV that has been identified for a Federal Class I Area by a Federal Land Manager and for which information is available to the general public. (3.) Except for the permit reopening in paragraph (b)(xv)(H)(II)(l .)a. ofthis section for the correction oftypographical/calculation errors that do not increase the PAL level, all reopenings shall be carried out in accordance with the public participation requirements ofparagraph (b)(xv)(E) ofthis section. (I) Expiration ofa PAL. Any PAL that 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)(I)(I) through (V) ofthis section shall apply.(I) Each emissions unit (or each group ofemissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (b)(xv)(I)(I)(l.) and 

### (2.) ofthis section. (1.) Within the time frame specified for PAL renewals in paragraph (b)(xv)(J)(II) ofthis section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group ofemissions units, ifsuch a distribution is more appropriate as decided by the Division) by distributing the PAL-allowable emissions for the major stationary source among each

6-37ofthe emissions units that existed under the PAL. Ifthe PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under paragraph (b)(xv)(J)(V) ofthis section, such distribution shall be made as ifthe PAL had been adjusted. (2.) The Division shall decide whether and how the PAL-allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as the Division determines is appropriate. (II) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Division may approve the use of monitoring systems (source testing, emission factors , etc.) other than CEMS , CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. (III) Until the Division issues the revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as required under paragraph (b)(xv)(I)(I)(2.) ofthis section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level ofthe PAL emission limitation. (IV) Any physical change or change in the method of operation at the major stationary source will be subject to Chapter 6, Section 4 requirements ifsuch change meets the definition of"Major modification" in Section 4(a)

. (V) The major stationary source owner or operator shall continue to comply with any State ofWyoming or Federal applicable requirements (BACT, RACT, NSPS , etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to paragraph (b)(i)(G) ofthis section, but were eliminated by the PAL in accordance with the provisions in paragraph (b)(xv)(A)(II)(3.) ofthis section. 

### (J) Renewal ofa PAL. (I) The Division shall follow the procedures specified in paragraph (b)(xv)(E) ofthis section in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Division. (II) Application Deadline. A major stationary source owner or operator shall submit a timely application to the Division to request renewal ofa PAL

. A timely application is one that is submitted at least 6 months prior to, but not

6-38earlier than 18 months from, the date ofpermit expiration. This deadline for application submittal is to ensure that the 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 permit with 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 under the PAL (with supporting documentation). (4.) Any other information the owner or operator wishes the Division to consider in determining the appropriate level for renewing the PAL. (IV) PAL Adjustment. In determining whether and how to adjust the PAL, the Division shall consider the options outlined in paragraphs (b)(xv)(J)(IV)(l.) and (2.) ofthis section; however, in no case may any such adjustment fail to comply with paragraph (b)(xv)(J)(IV)(3.) ofthis section. (1.) 

### Ifthe emissions level calculated in accordance with paragraph (b)(xv)(F) ofthis section is equal to or greater than 80 percent ofthe PAL level, the Division may renew the PAL at the same level without considering the factors set forth in paragraph (b)(xv)(J)(IV)(2.) ofthis section; or (2.) The Division may set the PAL at a level that it determines to be more representative ofthe source' s baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the Division in its written rationale. (3.) Notwithstanding paragraphs (b)(xv)(J)(IV)(l.) and (2.) ofthis section:

6-39a. Ifthe potential to emit ofthe major stationary source is less than the PAL, the Division shall adjust the PAL to a level no greater than the potential to emit ofthe source; and
b. The Division shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions ofparagraph (b)(xv)(K) ofthis section (increasing a PAL). (V) Ifthe compliance date for a State ofWyoming or Federal requirement that applies to the PAL source occurs during the PAL effective period, and ifthe Division has not already adjusted for such requirement, the PAL shall be adjusted at the time ofPAL permit renewal or Chapter 6, Section 3 operating permit renewal, whichever occurs first. (K) Increasing a PAL During the PAL Effective Period. (I) The Division may increase a PAL emission limitation only ifthe major stationary source complies with the provisions in paragraphs (b)(xv)(K)(I)(l.) through (4.) ofthis section. 

### (1.) The owner or operator ofthe major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL.(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 ofthe baseline actual emissions ofthe significant and major emissions 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 BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level ofBACT or LAER with which that emissions unit must currently comply. (3.) The owner 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

6-40requirements resulting from the Chapter 6, Section 4 process (for example, BACT), even though they have also become subject to 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 PAL pollutant. (II) The Division shall calculate the new PAL as the sum ofthe allowable emissions for each modified or new 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.)(1)(2.) ofthis section), plus the sum ofthe baseline actual emissions ofthe small emissions units. (III) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofparagraph (b)(xv)(E) of this section. (L) Monitoring Requirements for PALs. (I) General Requirements. (1.) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms ofmass 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 information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. (2.) The PAL monitoring system must employ one or more ofthe four general monitoring approaches meeting the minimum requirements set forth in paragraphs (b)(xv)(L)(II)(l.) through (4.) ofthis section and must be approved by the Division. (3.) Notwithstanding paragraph (b)(xv)(L)(I)(2.) of this section, you may also employ an alternative monitoring approach that meets paragraph (b)(xv)(L)(I)(l.) ofthis section ifapproved by the Division. (4.) Failure to use a monitoring system that meets the requirements ofthis section renders the PAL invalid. (II) Minimum Performance Requirements For Approved Monitoring Approaches. The following are acceptable general monitoring approaches

6-41when conducted in accordance with the minimum requirements in paragraphs (b)(xv)(L)(Ill) 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 meet the 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 pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, ifit cannot otherwise be accounted for in the process ; and (3

.) Where the vendor ofa material or fuel , which is used in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operator must use the highest value ofthe range to calculate the PAL pollutant emissions unless the Division determines there is site-specific data or a site-specific monitoring program to support another content within the range. (IV) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements: 

### (1.) CEMS must comply with applicable Performance Specifications found in 40 CFR part 60, Appendix B ; and (2.) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions unit is operating. (V) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:

6-42(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, while the emissions unit is operating. (VI) Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements: (1.) All emission factors shall be adjusted, if appropriate, to account for the degree ofuncertainty or limitations in the factors' development; (2.) The emissions unit shall operate within the designated range ofuse for the emission factor, ifapplicable; and (3.) Iftechnically practicable, the owner or operator ofa significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months ofPAL permit issuance, unless the Division determines that testing is not required. (VII) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period oftime that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit. (VIII) Notwithstanding the requirements in paragraphs (b)(xv)(L)(III) through (VIII) ofthis section, where an owner or operator ofan emissions unit cannot demonstrate a correlation 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.

6-43(IX) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the 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 or operator to retain a copy ofall records necessary to determine compliance with any requirement of paragraph (b)(xv) ofthis section and ofthe PAL, including a determination ofeach emissions unit' s 12-month rolling total emissions, for 5 years from the date ofsuch record. (II) The PAL permit shall require an owner or operator to retain a copy ofthe following records, for the duration ofthe PAL effective period plus 5 years: (1.) A 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 owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Division in accordance with the applicable Chapter 6, Section 3 operating permit program. The reports shall meet the requirements in paragraphs (b)(xv)(N)(I) through 

### (ill) ofthis section. (I) Semi-annual Report. The semi-annual report shall be submitted to the Division within 30 days ofthe end ofeach reporting period. This report shall contain the information required in paragraphs (b)(xv)(N)(I)(l.) through (7.) ofthis section

. ( 1.) The identification ofowner and operator and the permit number. (2.) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to paragraph (b)(xv)(M)(I) ofthis section.

6-44(3

.) All data relied 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 (other than the time associated with zero and span calibration checks), and any corrective action taken. (6

.) A notification ofa shutdown ofany monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant or the number determined by method included in the permit, as provided by paragraph (b)(xv)(L)(VII) ofthis section. (7.) A signed statement by the responsible official (as defined by the applicable Chapter 6, Section 3 operating permit program) certifying the truth, accuracy, and completeness ofthe information provided in the report. (II) Deviation Report. The major stationary source owner or operator shall promptly submit reports 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)(Ill)(2.) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by Chapter 6, Section 3(h)(i)(C)(Ill)(2.). The reports shall contain the following information: 

### (1.) The identification ofowner and operator and the permit number; (2

.) The PAL requirement that experienced the deviation or that was exceeded; (3.) Emissions resulting from the deviation or the exceedance; and (4.) A signed statement by the responsible official (as defined by the applicable Chapter 6, Section 3 operating permit program) certifying the truth, accuracy, and completeness ofthe information provided in the report.

6-45{III) Re-validation Results. The owner or operator shall submit to the Division the results ofany re-validation test or method within three months after completion ofsuch test or method. (0) Transition Requirements. (I) The Division shall not issue a PAL that does not comply with the requirements in paragraphs (b)(xv)(A) through (0) ofthis section after the Administrator has approved regulations incorporating these requirements into Chapter 6, Section 4. (II) The Division may supersede any PAL which was established prior to the date ofapproval ofthis regulation by the Administrator ofEPA with a PAL that complies with the requirements ofparagraphs (b)(xv)(A) through (0) of this section. (xvi) Ifany provision ofthis section, or the application ofsuch provision to any person or circumstance, is held invalid, the remainder ofthis section, or the application ofsuch provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (xvii) Transition: (A) The requirements for BACT in Chapter 6, Section 4(b)(ii) and the requirements for air quality analysis in Chapter 6, Section 4(b)(i) shall not apply to a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective on January 25 , 1979, ifthe owner or operator ofthe source submitted an application for a permit under these regulations before August 7, 1980, and the Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirements ofChapter 6, Section 4 as in effect on January 25 , 1979, apply to any such source or modification. (B) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was subject to Chapter 6, Section 4, as effective on January 25 , 1979, ifthe owner or operator ofthe source or modification submits an application for a permit under these regulations on or before June 8, 1981 , and the Administrator subsequently determines that the application submitted before that date was complete with respect to the requirements for ambient air quality data analyses as in effect on January 25 , 1979

. Instead, the latter requirements shall apply to such source or modification. (C) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was not subject to Chapter 6, Section 4, as effective on January 25 , 1979, ifthe owner or operator ofthe

6-46source or modification submits an application for a permit under these regulations before June 8, 1981 , and the Administrator subsequently determines that the application as submitted before that date was complete except with respect to the requirements in paragraph (b)(i)(F)

. (D) The requirements for air quality monitoring for 

### PM1 0in paragraphs (b)(i)(E)(I) through (IV) ofthis section, effective February 13 , 1989, shall not apply to a particular source or modification, ifthe owner or operator 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 that the application submitted before that date was complete, except with respect to the requirements for monitoring particulate matter. (E) The requirements for air quality monitoring of

### PM 1 0in paragraphs (b)(i)(E)(IV) through (b)(i)(E)(V) ofthis section, effective February 13 , 1989, shall apply to a particular source or modification if the owner or operator ofthe source or modification submits an application for a permit under this section after June 1, 1988 and no later than December 1, 1988. The data shall have been gathered over at least the period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (b)(xvii)(G) ofthis section, except that the Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over that shorter period of time

. (F) For any application under this section that becomes complete except as to the requirements ofparagraphs (b)(i)(E)(III) and (b)(i)(E)(IV) pertaining to 

### PM1 0, after December 1, 1988 and no later than August 1, 1989, the data that paragraph (b)(i)(E)(III) requires will have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwise complete. 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 over that 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 February 13 , 1989, the owner or operator ofthe source or modification shall use a monitoring method approved by the Administrator and shall estimate the ambient concentrations of

### PM 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 subject to Chapter 6, Section 4, as effective on

6-47February 8, 1988, ifthe owner or operator ofthe source or modification submits an application for a permit under these regulations on or before October 30, 1990 and the Administrator subsequently determines that the application submitted before that date was complete. 

# <n The requirement to demonstrate compliance with the maximum allowable increment for PM 10 shall not apply to a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective on June 3 , 1993, ifthe owner or operator ofthe source or modification submits an application for a permit under these regulations on or before the effective date ofthis regulation revision 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 time the application was submitted, shall apply:
Maximum Allowable Increments ofDeterioration

- μg/m 3
Pollutant Class I Class II
Particulate Matter: TSP, Annual geometric mean TSP, 24-hour maximum* 5 10 19 37
*Maximum allowable increment may be 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 may not be redesignated. All other areas ofthe State ofWyoming shall be designated Class II as of the effective date ofthis regulation. (d) Redesignation. All redesignation ofareas 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 or Class II areas: (A) An area which exceeds 10,000 acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore; and (B) A national park or national wilderness area which exceeds 10,000 acres in size and is established after the effective date ofthis regulation.

6-48(ii) Except as provided in paragraph (c) above, any area may be 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 may be 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 prior to the public hearing, a description and analysis ofthe health, environmental, economic, social and energy effects ofthe proposed redesignation shall be prepared and made available for public inspection. Any person petitioning the Department or Council to redesignate an area shall be responsible for preparing or submitting such description and analysis. Such persons shall also be responsible for revising this required documentation to the extent necessary to satisfy the 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 by the proposed redesignation shall be notified at least 30 days prior to the hearing. (D) Prior to proposing a redesignation, the Division and the Air Quality Advisory Board shall consult with the elected leadership oflocal and other substate general purpose governments in the area covered by the redesignation. (E) Prior to public notice ofthe proposed redesignation the Division shall provide written notice to any Federal Land Manager who may be responsible for any federal lands within the area proposed for such redesignation and shall afford adequate opportunity (but not in excess of60 days) to confer with the State respecting the intended notice ofdesignation

. The Federal Land Manager shall be offered the opportunity to submit written comments and recommendations with respect to such intended notice ofredesignation. In redesignating any area with respect to which the federal land manager has submitted written comments and recommendations, the Division will publish a list ofany inconsistency between such redesignation and such recommendation with an explanation ofsuch inconsistency (together with the reasons for making such redesignation against the recommendation ofthe Federal Land Manager)

. (F) The Council shall review and examine the description and analysis prepared pursuant to subparagraph (iii)(B) above prior to any redesignation.

6-49(iv) (A) Ifan area has been proposed for redesignation to a more stringent class, no permit to construct may be granted to a source which may cause an impact in the area proposed for redesignation and for which an application to construct is received by the Division after the filing ofthe petition for redesignation with the Environmental Quality Council until the proposed redesignation has been acted upon; however, approval may be granted if , in the Administrator' sjudgment, the proposed source would not violate the applicable increments ofthe proposed redesignation. Such approval shall be withheld only so long as in the Administrator' sjudgment, the petitioner is expeditiously proceeding toward development ofthe " description and analysis" required under (iii)(B) above, and provided that 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 by the Division prior to the receipt by the Council ofa petition for redesignation ofan area to a more stringent class and where such source may cause an impact in the area proposed 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 proceeding toward the development and submittal of such 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, andjudged to be complete by the Administrator within 18 months ofthe filing ofthe initial permit application. Upon good cause shown, the Administrator may extend the foregoing deadline.
Section 14. Incorporation by reference. (a) Code ofFederal Regulations (CFR). All Code ofFederal Regulations (CFRs) cited in this chapter, including their Appendices, revised and published as ofJuly 1, 2010, not including any later amendments, are incorporated by reference. Copies ofthe Code of Federal Regulations are available for public inspection and copies can be obtained at cost from the Department ofEnvironmental Quality, Division ofAir Quality, 122 W. 25th Street, Cheyenne, Wyoming 82002. Copies ofthe CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214.

6-50......... Draft 1113112



### WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION STANDARDS AND REGULATIONS Permitting Requirements CHAPTER6
Section 4

. 

### Prevention ofsignificant deterioration. (a) Definitions

. For purposes ofthis section: 

### "Actual emissions" 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 a significant emissions increase has occurred, or for establishing a PAL under paragraph (b)(xv) ofthis section

. Instead, the definitions for "Projected actual emissions" and

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

. 

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

### ''Allowable emissions" means the emission rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to enforceable permit conditions which limit the operating rate or hours ofoperation, or both) and the most stringent ofthe following: (i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these regulations and other new source performance standards and national emission

6-1Draft 1113112

standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the State ofWyoming. (ii) Any other applicable emission limit in these regulations. (iii) The emission rate agreed to by the owner or operator as an enforceable permit condition. 

### "Baseline actual emissions" means the rate ofemissions, in tons per year, ofa regulated NSR pollutant, 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 by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction ofthe project. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation

. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions

. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) 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 NSR pollutant. (D) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by paragraph (i)(B) ofthis definition. (ii) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction ofthe project, or the date a complete permit application is received by the Division for a Chapter 6, Section 4 permit, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15 , 1990.

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(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 which the 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 5l .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 NSR pollutant.

,, (E) The average rate shall not be based on any consecutive 24-

.. ..:· · month period for which there is inadequate information for determining annual emissions,

·· i.mons per year, and for adjusting this amount ifrequired by paragraphs (ii)(B) and 

### (C) of

this definition

. (iii) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero ; and thereafter, for all 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 part thereof) designated as 

# I

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 have an air quality impact for the pollutant for which the baseline date is established as

6-30 

### 't- Draft 1113112 !
follows: Equal to or greater than 1 μg/m 3 (annual average) ofthe f)OllHtaRt for ·whieh the miRor souree easeliRe date is estaelished fur_SQ,, N02. or 

### PMrn: or equal to or greater than 0.3 

### ug/m3 <annual average) for 

### PMz s- (i) The following baseline areas have been designated as separate particulate matter attainment areas under section 107 ofthe Clean Air Act: (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, excluding the 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 NW\l.i ofSection 27, T50N, R71 W, Campbell County, Wyoming

. (C) The Hampshire Energy Area, described as that area bounded by Section 6 excluding the SW\l.i; EYi Section 7; Section 17 excluding the SW\l.i; Section 14 excluding the SE\l.i; Sections 2, 3, 4, 5, 8, 9, 10, 11 , 15 , 16 ofT48N, R70W and Section 26 excluding the NE\l.i; SW\l.i 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 WYiSWYi Section 18, WYiNW\l.i, NW\l.iSW\l.i Section 19, T47N, R70W, SYi Section 

### 13 , N Yi, N YiSW\l.i, N YiSE\l.i Section 24 T47N, R71 W, Campbell County, Wyoming

. (E) The remainder ofthe State ofWyoming

. (ii) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM 10 increments

. 

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

"Major stationary source'', item (a) and qualified as " major" prior to August 7, 1980 only because fugitive emissions were included in determining potential to emit, (2) submitted a complete permit application under Chapter 6, Section 4(b) or the Federal Clean Air Act prior to August 7, 1980, and (3) was in existence as ofthe minor source baseline date; (iv) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increment: (A) Actual emissions, as defined in this section, from any major stationary source on which construction commenced after the major source baseline date; and (B) Actual emissions increases and decreases, as determined in accordance with the definition for " Actual emissions" in this section, at any stationary source occurring after the minor source baseline date. 

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

### "Best available control technology" means an emission limitation (including a visible emission standard) based on the maximum degree ofreduction ofeach pollutant subject to regulation under these Standards and Regulations or regulation under the Federal Clean Air Act, which would be emitted from or which results for any proposed major stationary source or major 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 or modification through application or production processes and available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. Ifthe Administrator determines that technological or economic limitations on the application ofmeasurement methodology to a particular emissions unit would make the imposition ofan emission standard infeasible, he may instead prescribe a design, equipment, work practice or operational standard or combination thereofto satisfy the requirement ofBest Available Control Technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results. Application ofBACT shall not result in emissions in excess ofthose allowed under Chapter 5, Section 2 or Section 3 ofthese regulations and any

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

### "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reduction in air emissions ofsulfur dioxide or oxides 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 coal technology demonstrationproject" means a project using funds appropriated under the heading "Department ofEnergy-Clean Coal Technology'', up to a total amount of$2,500,000,000 for commercial demonstration ofclean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project. 

### "Commenced", as applied to construction ofa major stationary source or major modification, means that the owner or operator has obtained a Construction Permit required by Chapter 6, Section 2 and either has (i) begun, or caused to begin, a continuous program ofactual on-site construction ofthe source or (ii) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner 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 ofpermit processing does not preclude the Division from requesting or accepting any additional information. 

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

. 

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

### "Continuousparameter monitoring system (CPMS)" means all ofthe equipment necessary to meet the data acquisition and availability requirements ofthis section, to

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monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 0 2 or C02 concentrations), and to record average operational parameter value(s) on a continuous basis. 

### "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose ofsupplying more than one-third ofits potential electric output capacity and more than 25 MW electrical 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 generator that 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 NSR pollutant and includes an electric utility steam generating unit as defined in this section

. For purposes ofthis section, there are two types ofemissions units as described in paragraphs (i) and (ii) ofthis definition

. (i) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated

. (ii) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph (i) ofthis definition. 

### "Enforceable" means all limitations and conditions which are enforceable under provisions ofthe Wyoming Environmental Quality Act and/or are federally enforceable by the Administrator ofthe EPA, including those requirements developed pursuant to 40 CFR parts 60 and 61 , requirements within the State Implementation Plan, and any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.18 or 51

. 166

. 

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

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

. 

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

### "Indian Governing Body" means the governing body ofany tribe, band, or group ofIndians subject to thejurisdiction ofthe United States and recognized by the United States as possessing power ofself-Government.

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

### "Innovative control technology" 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 or category ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or (ii) The most stringent emissions limitation which is achieved in practice by such class or category ofstationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. In no event shall the application ofthe term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard ofperformance. 

### "Low terrain" means any area other than high terrain. 

### "Major modification" 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 NSR pollutant (as defined in the definition for "Regulated NSR pollutant" in this section); and a significant net emissions increase ofthat pollutant from the major stationary source. Any significant emissions increase (as defined in the definition for "Significant emissions increase" in this section) from any emissions units or net emissions increase (as defined in the definition for "Net emissions increase" in this section) at a major stationary source that is significant for volatile organic compounds or NOx shall be considered significant for ozone. (i) A physical change or change in the method ofoperation shall not include : (A) Routine maintenance, repair and replacement.

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(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 operating design capacity ofthe major stationary source unless such change would be prohibited by, or inconsistent with, an enforceable permit issued by the Division; (D) Use ofan alternative fuel or raw material by reason ofan order in effect under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), or by reason ofa natural gas curtailment plan in effect pursuant to the Federal Power Act; (E) Use ofan alternative fuel or raw material, ifprior to 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 by the 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 or removal ofa temporary clean coal technology demonstration project, provided that the project complies with: (I) The Wyoming State Implementation Plan, and (II) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated

. (I) The installation or operation ofa permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit ofany regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis. (J) The reactivation ofa very clean coal-fired electric utility steam generating unit. (ii) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under paragraph (b)(xv) ofthis section for a PAL for that pollutant. Instead, the

6-9Draft 1113112

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

### "Major source baseline date" means:

1975 ; and (i) In the case ofpartieulate matter 

### PMlQ and sulfur dioxide, January 

### 6,
(ii) In the case ofnitrogen dioxide, February 8, 1988. 

### o( (jjj) In the case of

### PM2 5• October 20. 2010. 

# j

"Major stationary source" means (a) any ofthe following stationary sources of air pollutants which emit, or have 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 Air Act: fossil fuel-fired steam electric plants of more than two hundred and fifty million British thermal units per hour heat input, coal cleaning plants (with thermal dryers) , kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable ofcharging more than two hundred and fifty tons ofrefuse 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, secondary metal production plants, chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil fuel boilers (or combinations thereof) ofmore than two hundred and fifty million British thermal units per hour heat input, petroleum storage and transfer plants with a capacity exceeding three hundred thousand barrels, taconite ore processing plants, glass fiber 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 Air Act. (c) Such term also includes any physical change that would occur at a stationary source not otherwise qualifying under this definition ifthe change would constitute a major stationary source by itself

. (d) A major source which is major for volatile organic compounds or NOx is considered to be major for ozone. 

### "Minor source baseline date" means the earliest date after August 7, 1977 for

# o~**~** partieulate matter 

## fMi.o and sulfur dioxide, and after February 8, 1988 for nitrogen**o/~** oxides, and afier October 20. 2011 for 

### PM2 5 on which a major stationary source or major modification submits a complete permit application under Chapter 6, Section 4(b) or under the Federal Clean Air Act.

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(i) The minor source baseline date for sulfur dioxide for the State of Wyoming is February 2, 1978. (ii) The minor source baseline date for nitrogen oxides for the State of Wyoming is February 26, 1988. (iii) The minor source baseline date for particulate matter PMlQ is as follows: (A) For the Powder River Basin Area- March 6, 1997; (B) For the Pacific Power and Light Area

- June 18 1980; 

### (C) For the Hampshire Energy Area

- September 30, 1982; (D) For the Kennecott-Puron Area- February 27, 1995; (E) For the 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: 

# I

(A) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under the Federal Clean Air Act for the pollutant on the date ofits complete application; and (B) In the case ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant. (v) The baseline date is not established by the permit application for an emitting source or modification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a), (2) qualified as "major" prior to August 7, 1980 only because fugitive emissions were included in determining potential to emit, and (3) submitted a complete permit application under Chapter 6, Section 4(b) or the Federal Clean Air Act prior to August 7, 1980. (vi) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM 10 increments. 

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

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(i) The increase in emissions from a particular physical change or change in the method ofoperation at a stationary source as calculated pursuant to paragraph (b)(i)(J) ofthis section; (ii) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph (ii) shall be determined as provided in the definition for "Baseline actual emissions'', except that paragraphs (i)(C) and (ii)(D) ofthe definition for "Baseline actual emissions" shall not apply. (iii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs between: (A) The date five years before construction on the particular change commences; and (B) The date that the increase from the particular change occurs. (iv) An increase or decrease in actual emissions is creditable only if: (A) The Division has not relied on it in issuing a Chapter 6, Section 4 permit for the source, which is in effect when the increase in actual emissions from the particular change occurs. (v) An increase or decrease in actual emissions ofsulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculating the amount ofmaximum allowable increases remaining available. (vi) An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old level. (vii) A decrease in actual emissions is creditable only to the extent that: (A) The old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (B) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins; (C) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and

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(viii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (ix) The definition of"Actual emissions" ofthis section, shall not apply for determining creditable increases and decreases

. 

### "Potential to 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 or the 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 emissions monitoring system (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, 

### 0 2 or 

### C02 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis

. 

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



### " Projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one ofthe 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one ofthe 10 years following that date, ifthe project involves increasing the emissions unit' s design capacity or its potential to emit that regulated NSR pollutant, and full utilization ofthe unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source. (i) In determining the projected actual emissions under the above paragraph ofthis section (before beginning actual construction), the owner or operator of the major stationary source: (A) Shall consider all relevant information, including but not limited to, historical operational data, the company' s own representations, the company' s expected business activity and the company' s highest projections ofbusiness activity, the company' s filings with the State or Federal regulatory authorities, and compliance plans approved by the Division ;

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(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**emissi ns**  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 elect to use the emissions unit' s potential to emit, in tons per year, as defined under the definition of"Potential to emit" ofthis section. 

### "Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method ofoperation associated with the commencement ofcommercial operations by a coal-fired utility unit after a period of discontinued operation where the unit: (i) Has not been in operation for the two-year period prior to the enactment ofthe Clean Air Act 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 prior to 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 of not less than 98 percent; (iii) Is equipped with low-NOx burners prior to the time of commencement ofoperations following reactivation ; and (iv) Is otherwise in compliance with the requirements ofthe Clean Air Act. 

### "RegulatedNSRpollutant'', for purposes ofthis section, means the following: (i) Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this paragraph as a constituent or precursor to such pollutant. Precursors identified by the EPA Administrator for purposes ofNSR are the following : (A) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas .

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(B) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas. (C) Nitrogen oxides are presumed to be precursors to PM25 in all attainment and unclassifiable areas, unless the State demonstrates to the EPA Administrator' s satisfaction or EPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not a significant contributor to that area' s ambient PM2.s concentrations. (D) Volatile organic compounds are presumed not to be precursors to PM2 .5 in any attainment or unclassifiable area, unless the State demonstrates to the EPA Administrator' s satisfaction or EPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations

. (ii) Any pollutant that is subject to any standard promulgated under section 111 ofthe Federal Clean Air Act; (iii) Any Class I or Il substance subject to a standard promulgated under or established by Title VI ofthe Federal Clean Air Act; (iv) Any pollutant that otherwise is subject to regulation under the Federal Clean Air Act; except that any or all hazardous air pollutants either listed in section 112 ofthe Federal Clean Air Act or added to the list pursuant to section 112(b)(2) ofthe Federal Clean Air Act, which have not been delisted pursuant to section 112(b)(3) ofthe Federal Clean Air Act, are not regulated NSR pollutants 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, PM2.5 emissions, and PM 10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January I, 2011 , such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM25 and PM 10 in PSD permits. Compliance with emissions limitations for PM, PM25 and PM 10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions ofthe permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation ofthis section unless the applicable implementation plan required condensable particulate matter to be included.

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### "Replacement unit" means an emissions unit for which all the criteria listed in this section are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (i) The emissions unit is a reconstructed unit within the meaning of 40 CFR part 60.15(b)(l), or the 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 5l.l 66(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 permit that is enforceable as a practical matter. Ifthe replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

### "Repowering" means replacement ofan existing coal-fired boiler with one ofthe following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as determined by the Administrator of EPA, in consultation with the Secretary ofEnergy, a derivative ofone or more ofthese technologies, and any other technology 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 l, 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 come from the major stationary source or major modification itself. For the purposes of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. 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.

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Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofa motor vehicle or from a train. 

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

Ozone: Lead: Fluorides: Sulfuric acid mist: Hydrogen sulfide (H2S): Total reduced sulfur (including H2S): Reduced sulfur compounds (including H2 S): Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): Municipal waste combustor metals (measured as particulate matter): Municipal waste combustor acid gases 100 tons per year (tpy) 40 tpy 40 tpy 25 tpy ofparticulate matter emissions; 15 tpy ofPM 10 emissions 10 tpy ofdirect PM25 emissions; 40 tpy ofsulfur dioxide emissions; 40 tpy ofnitrogen oxide emissions unless demonstrated not to be a PM2
.5 precursor under the definition of"Regulated NSR pollutant" in Section 4(a) ofthis chapter
40 tpy ofvolatile organic compounds or nitrogen oxides 0.6 tpy 3 tpy 

### 7 tpy 10 tpy 10 tpy 10 tpy

3.2 x 10-6 megagrams per year (3.5 x 1

## o-6 tons per year)
14 megagrams per year (15 tons per year) (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year)

6-17Municipal solid waste landfill emissions (measured as nonmethane organic compounds): Draft 1113112

45 megagrams per year (50 tons per year) (ii) " Significant" means, in reference to a net emissions increase or the potential ofa source to emit a pollutant subject to these regulations and regulations under the Clean Air Act, 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 l0 kilometers ofa Class I Area, and have an impact on such area equal to or greater than l μg/m 3 (24-hour average). 

### "Significant emissions increase" means, for a regulated NSR pollutant, 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, or operation" 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 under the control ofthe same person (or persons under common control) except the activities ofany vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same Major Group (i.e., which have the same two-digit code) as described in the StandardIndustrial Classification Manual, 197 2, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005- 00176-0, respectively). 

### "Temporary clean coal technology demonstrationproject" means a clean coal technology demonstration project that 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. (b) Any person who plans to construct any major stationary source or undertake a major modification ofan existing stationary source shall be subject to the conditions outlined below.

6-18Draft 1113112
(i) (A) (I) The review ofthe stationary source for the construction or modification permit(s) required under Chapter 6, Section 2 ofthese regulations shall apply and shall be expanded so 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 or under the Federal Clean Air Act and which are emitted in significant amounts. An analysis ofthe impact ofother pollutants may be required by the Administrator. Such analysis shall identify and quantify the 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 other permits issued in the area. The purpose ofthis analysis is to determine the total deterioration ofair quality from the baseline concentrations ; however, projections of deterioration due to general non-stationary source growth in the area predicted to occur after the date ofapplication is not required. A permit to construct pursuant to Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are complied with and ifthe predicted impact (over and above the 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

- μg/m 3
Pollutant Particulate Matter: PM2 5• annual arithmetic mean PM2 5. 24-hr max.imum PM 10, annual arithmetic mean PM 10, 24-hour maximum
Sulfur Dioxide: Annual arithmetic mean 24-hour maximum* 3-hour maximum* Nitrogen Dioxide Annual arithmetic mean Class I 

## l**~** 4 8

2 

### 5 

### 25

2.5 Class II**~** 

## 2 17 30

20 91 

### 512

25
*Maximum allowable increment may be exceeded once per year at any receptor site. ( 1.) For pumoses ofPM2 5 • the demonstration required in paragraph (b)(j)(A)<n ofthis section is deemed to have been made jfthe

6-19Table 2 PM2 

### s Significant Impact Levels

(II) Notwithstanding the provisions ofparagraph (b)(i)(A)(I) above, the following concentrations shall be excluded in determining compliance with maximum allowable increases: (I.) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use ofpetroleum products, natural gas, or both by reason ofan order in effect under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such sources before the effective date ofsuch an order

. No such exclusion shall apply for more than five years after the later ofsuch effective dates ; (2.) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason ofnatural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources before the effective date ofsuch plan

. No such exclusion shall apply for more than 5 years after the later of such effective date; (3.) Concentrations ofparticulate matter attributable to the increase in emissions from construction or other temporary emission-related activities ofnew or modified sources ; (4.) The increase in concentrations attributable to new sources outside the United States over the 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. b. The 2-year time period is not renewable.

6-20Draft 1113112

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 area where they would cause or contribute to a violation ofthe applicable ambient air quality standard.
d. At the end ofthe temporary emission time frame, emissions from the stationary source causing these temporary emissions shall not exceed those levels occurring at such source prior to such temporary emission. (B) In addition to the analyses required under Chapter 6, Section 4(b)(i)(A) above, (I) The owner or operator shall provide an analysis ofthe impairment to visibility, soils and vegetation that would occur as a result ofthe source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value. (II) The owner or operator shall provide an analysis ofthe air quality impact projected for the area as a result ofgeneral commercial, residential, industrial and other growth associated with the source or modification. (C) The requirements for demonstration ofcompliance with applicable increments ofChapter 6, Section 4(b)(i)(A)(I), the additional analysis requirements ofChapter 6, Section 4(b)(i)(B) and the ambient air quality analysis requirements ofChapter 6, Section 4(b)(i)(E) shall not apply to a proposed major stationary source or modification with respect to a particular pollutant ifthe Administrator determines that: (I) The increase in allowable emissions ofthat pollutant from the stationary source or the net emissions increase ofthat pollutant from a modification would be temporary and would impact no Class I Area and no area where an applicable increment is known to be violated; or (II) The stationary source was in existence on March 1, 1978, and that the maximum allowable emission increases only impact Class II Areas, and that after application ofBACT, the increase in allowable emissions ofeach pollutant would be less than 50 tons per year. (D) Fugitive emissions, to the extent quantifiable, will be considered in calculating the potential to emit ofthe stationary source or modification only for:

6-21Draft 1113112
(I) Sources listed in Chapter 6, Section 4(a) under the definition of"Major stationary source", item (a)

. 

### (II) Any other stationary source category which, as of August 

### 7, 1980, is being regulated under section 111 or 112 ofthe Clean Air Act. 

### (III) And such other sources as the Environmental Quality Council may later determine. (E) An application subject to this section shall contain an analysis ofambient air quality in the area that would be affected by the stationary source or modification as required below: (I) For each pollutant that the source would have the potential to emit in a significant amount. (II) For the modification, each pollutant for which it would result in a significant net emissions increase. 

### (III) 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 may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year.

### (V) All monitoring conducted pursuant to the requirements ofthis section shall meet the requirements ofAppendix B of40 CFR part 58. (VI) The requirements for pre-construction monitoring specified above and under Chapter 6, Section 2(b) with respect to monitoring for a particular pollutant may be waived by the Administrator upon petition from an applicant if: 

### (1.) The emissions increase ofthe pollutant from a new stationary source or the net emissions increase ofthe pollutant from a modification would cause, in any area, air quality impacts less than the following amounts:

6-22Draft 1113112

a. Carbon Monoxide

- 575 μg/m 3

, 8-hour average ; b. Nitrogen Dioxide

- 14 μg/m 3

, annual average ;

c. PM12 - 4 ug/m3

, 24-hour average: 

## eg. Particulate Matter PM12 - 10 μg/m 3 of PM 10, 24-hour average;**~-** Sulfur Dioxide

- 13 μg/m 3

, 24-hour average ; 

## ef. Ozone (No de minimis air quality level is provided for ozone; however, any net emissions increase of 100 tons per year or more o volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis, including the gathering ofair quality data.)



### gh. Fluorides - 0

.25 μg/m 3

, 24-hour average ; 

## hi

. Total Reduced Sulfur

- 10 μg/m 3

, I-hour average ; 

### ij

. Hydrogen Sulfide

- 0.2 μg/m 3

, 1-hour average; jk. Reduced Sulfur Compounds

- 10 μg/m 3

, I-hour average; or (2.) The concentrations ofthe pollutant in the area that the source or modification would affect are less than the concentrations listed in paragraph (b)(i)(E)(VI)(l.) ofthis section; or (3.) The pollutant is not listed in paragraph (b)(i)(E)(VI)(l.) ofthis section. (F) The Administrator may require an applicant subject to the provisions ofthis section to conduct an approved visibility monitoring program in any Class I Area which may be impacted by emissions from the proposed stationary source.

6-23Draft 1113112
(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 enforceable limitation which was established after August 7, 1980 on the capacity ofthe source or modification 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 or modification. (H) The following specific provisions apply to 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 NSR pollutant could be affected by the project; and (3.) A description ofthe applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (i)(C) ofthe definition for "Projected actual emissions" in Section 4(a) and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. (II) Before beginning actual construction, the owner or operator shall provide the information set out in paragraph (b)(i)(H)(I) ofthis section to the Division as a Chapter 6, Section 2 permit application. (III) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result ofthe project and that is emitted by any emissions unit identified in paragraph (b)(i)(H)(l)(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 NSR pollutant at such emissions unit. (IV) The owner or operator shall submit a report to the Division within 60 days after the end ofeach year during which records must be

6-24Draft 1113112
generated under paragraph (b)(i)(H)(III) ofthis section setting out the unit's annual emissions during the calendar year that preceded submission ofthe report. (I) The owner or operator ofthe source shall make the information required to be documented and maintained pursuant to paragraph (b)(i)(H) ofthis section available for review upon request for inspection by the Division or the 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"Major modification" contained in Section 4(a), a project is a major modification for a regulated NSR pollutant ifit causes two types ofemissions increases-a significant emissions increase (as defined in the definition for "Significant emissions increase" in Section 4(a)), and a significant net emissions increase (as defined in the definitions for "Net emissions increase" and "Significant" in Section 4(a)). The project is not a major modification ifit does not cause a significant emissions increase. 

### Ifthe project causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase. (II) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e. , the first step ofthe process) will occur depends upon the type ofemissions units being modified, according to paragraphs (b)(i)(J)(III) through (V) ofthis section. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step ofthe process) is contained in the definition for "Net emissions increase" in Section 4(a). Regardless ofany such preconstruction projections, a major modification results ifthe project causes a significant emissions increase and a significant net emissions increase. (III) Actual-to-Projected-Actual Applicability Test 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 For Projects That Only Involve Construction ofa New Emissions 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"

6-25Draft 1113112

in Section 4(a)) ofthese units before the project equals or exceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)). (V) Hybrid Test For Projects That Involve Multiple Types ofEmissions Units. A significant emissions increase ofa regulated NSR pollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified in paragraphs (b)(i)(J)(IlI) and (IV) ofthis section as applicable with respect to each emissions unit, for each type ofemissions unit equals or exceeds the significant amount for that pollutant (as defined in the definition of" Significant" in Section 4(a)). (ii) (A) The required permit shall not be issued unless the proposed major stationary source or major modification would meet an emission limit(s) or equipment standard(s) specified by the Administrator to represent the application ofBest Available Control Technology for each pollutant regulated under these Standards and Regulations and under the 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 prior to commencement ofeach phase ofthe proposed project. At such time, the owner or operator ofthe applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbest available control technology for the stationary source. (B) In the case ofa major modification, the requirements for Best Available Control Technology shall apply only to each new or modified emissions unit at which a net emissions increase ofthe pollutant would occur. (C) (I) The applicant for a permit for a source subject to this section may petition the Administrator to 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 equivalent to that which would have been required under paragraphs (ii)(A) and (B) above by a date specified by the Administrator. Such date shall not be later than 4 years from the time ofstartup or 7 years from permit issuance.

6-26Draft 1113112

(3

.) The major stationary source or major modification would meet the 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 employing the system ofinnovative control technology would be required to meet on the date specified by the Administrator. (4.) The source or modification would not before the date specified by the Administrator:

a. Cause or contribute 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 by the Administrator if : (1.) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate, or (2

.) The proposed system fails before the specified date so as to contribute to an unreasonable risk to 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 or to protect the public health, welfare, or safety

. (IV) Ifthe source or modification fails to meet the required level ofcontinuous emissions reduction within the specified time period or ifthe approval is withdrawn in accordance with (III) above, the Administrator may allow the source or modification up to an additional three years to meet the requirement for the application of BACT through 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



### 6-27Draft 1113112
determining compliance with the maximum allowable increments in Table 1; however, Best Available Control Technology shall be applied to abate such temporary emission. (iv) All applications ofair quality modeling required under paragraph (b)(i) above shall be based on the applicable models, databases, and other requirements specified in Appendix W of40 CFR part 51 (Guideline on Air Quality Models). Where an air quality model specified in Appendix W of40 CFR part 51 (Guideline on Air Quality Models) is inappropriate, the model may be modified or another 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 ofthe EPA 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, or the Administrator ofEPA or the 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 of such change, a permit shall not be issued unless the owner or operator ofsuch source demonstrates to the satisfaction ofthe Administrator that emissions ofparticulate matter, sulfur dioxide, and nitrogen oxides will not cause or contribute to concentrations which exceed the maximum allowable increases for the Class I Area in question. (vi) (A) In any case where a Federal Land Manager demonstrates to the satisfaction ofthe Administrator that the emissions from such source will have an adverse impact on the air quality-related values (including visibility) of such 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 prior to the Public Notice issued pursuant to Chapter 6, Section 2(m) ofthese regulations, an analysis ofthe impact ofthe emissions on visibility in a Federal Class I Area, the Division must consider such analysis in making its proposed decision. Ifthe Federal Land Manager's analysis concludes that an adverse impact on visibility in the Federal Class 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.

6-28Draft 1113112
(vii) In any case where the owner or operator ofsuch source demonstrates to the satisfaction ofthe Federal Land Manager, and the Federal Land Manager so certifies, that the emissions from such source will have no adverse impact on the air quality-related values of such Class I Areas (including visibility) notwithstanding the 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 Administrator may issue a permit. (viii) In the case ofa permit issued pursuant to 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 or contribute to concentrations ofsuch pollutant which exceeds the following maximum allowable increases over the baseline concentration for such pollutants:

Particulate matter: PM2 5 , annual arithmetic mean 

## PMi 5, 24-hr maximum PM 10, annual arithmetic mean PM1 0, 24-hour maximum Sulfur dioxide: Annual arithmetic mean Twenty-four-hour maximum Three-hour maximum Nitrogen dioxide: Annual arithmetic mean Maximum Allowable Increase (micrograms per cubic meter)

### (J~ c1 .s1 -:sr:. 

# 7;/'

i

## f"(f**l""'-'r-- 1.**  

## 2 I 17 30 

### 20 91 325

25 (ix) (A) In any case where the owner or operator ofa proposed major stationary source or major modification who has been denied a certification under subparagraph (vii) demonstrates to the satisfaction ofthe Governor ofWyoming (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 any Class I Area and, in the case offederal Mandatory Class I Areas, that a variance under this clause will not adversely affect the air quality related values ofthe area (including visibility), the Governor, after consideration ofthe Federal Land Manager' s recommendation (ifany) and subject to his concurrence, may grant a variance from such maximum allowable increase. Ifa variance is granted, a permit may be 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

6-29Draft 1113112

may be necessary to assure that emissions of sulfur 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 over the 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 more than 18 days during any annual period.

Period ofexposure: Low terrain areas: 24-hr maximum 3-hr maximum High terrain areas: 24-hr. maximum 3-hr maximum 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 required to obtain additional relocation permits under this section if: (A) Emissions from the source would not exceed allowable emissions; and (B) Such relocation would impact no Class I Area and no area where an applicable increment is known to be violated; and (C) Notice is given to the Division at least 10 days prior to such relocation identifying the proposed new location and the probable duration ofoperation at such location; and (D) Emissions at the new location will be temporary. (xi) After a final decision is made on an application for a source subject to this section, the final decision will be transmitted in writing to the applicant and the final decision and all comments received by the Division during the public comment period will be made available for public inspection in the same location where the application and analysis was posted. A copy ofeach permit application for each source or modification subject to this section and impacting a Federal Class I Area will be transmitted to EPA. EPA will be provided with notice ofeach action taken by the Division on such application.

6-30Draft 1113112
(xii) [Reserved.] (xiii) [Reserved.] (xiv) [Reserved

.] (xv) Actuals Plantwide Applicability Limitations (PALs). (A) Applicability. (I) The Division may approve the use ofan actuals PAL for any existing major stationary source ifthe PAL meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section. The term "PAL" shall mean "actuals PAL" throughout paragraph (b)(xv) ofthis section. (II) Any physical change in or change in the method of operation ofa major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section, and complies with the PAL permit: (1.) Is not a major modification for the PAL pollutant; (2.) Does not have to be approved through a Chapter 6, Section 4 permit; and (3.) Is not subject to the provisions in paragraph (b)(i)(G) ofthis section (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability ofChapter 6, Section 4). (III) Except as provided under paragraph (b)(xv)(A)(Il)(3.) ofthis section, a major stationary source shall continue to comply with all applicable Federal or State ofWyoming requirements, emission limitations, and work practice requirements that were established prior to 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 Air Act. 

### "Actuals PAL for a major stationary source" means a PAL based on the baseline actual emissions (as defined in the definition for " Baseline actual emissions" in Section 4(a)) ofall emissions units (as defined in the definition for

6-31Draft 1113112

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

### "Major emissions unit" means: (i) Any emissions unit that emits or has the potential to emit 100 tons per year or more ofthe PAL pollutant in an attainment area; or (ii) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the 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 or more tons ofVOC per year.) 

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

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

. 

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

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

6-32Draft 1113112



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

### "Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons per year, 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 PAL pollutant in an amount that is equal to or greater than the significant level (as defined in the definition for "Significant" in Section 4(a) or in the Clean Air Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in paragraph (b)(xv)(B) for the definition of "Major emissions unit" ofthis section. 

### "Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in the definition for "Significant" in Section 4(a) or in the Clean Air Act, whichever is lower. (C) Permit Application Requirements. As part ofa permit application requesting a PAL, the owner or operator 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 apply to 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-month rolling total for each month as required by paragraph (b)(xv)(M)(I) ofthis section. (D) General Requirements For Establishing PALs.

6-33Draft 1113112 (I) The Division may establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs (b)(xv)(D)(l)(l.) through (7.) ofthis section are met. (1.) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months ofestablishing a PAL, the major stationary source owner or operator shall show that the sum ofthe monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner 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. (2.) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (b)(xv)(E) ofthis section. (3.) The PAL permit shall contain all the requirements ofparagraph (b)(xv)(G) ofthis section. ( 4

.) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant 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 PAL through the PAL effective period. (II) At no time (during or after the PAL effective period) are emissions reductions ofa PAL pollutant that occur during the PAL effective period creditable as decreases for purposes ofoffsets under 40 CFR part 51.165(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL

. (E) Public Participation Requirements For PALs. PALs for existing major stationary sources shall be established, renewed, or increased, through a

6-34Draft 1113112
procedure that is consistent with Chapter 6, Section 2. This includes the requirement that the Division provide the public with notice ofthe proposed approval ofa PAL permit and at least a 30-day period for submittal ofpublic comment. The Division must address all material comments before taking final action on the permit. (F) Setting the 10-Year Actuals PAL Level. (I) Except as provided in paragraph (b)(xv)(F)(II) ofthis section, the actuals PAL level for a major stationary source shall be established as the sum ofthe baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under the definition of"Significant" in Section 4(a) 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 may be used for each 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 permit to become effective on the future compliance date(s) ofany applicable Federal or State ofWyoming regulatory requirement(s) that the Division is aware ofprior to issuance ofthe PAL permit. For instance, ifthe source 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 newly constructed 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 ofthe PAL Permit. The PAL permit shall contain, at a minimum, the information in paragraphs (b)(xv)(G)(I) through (X) ofthis section. (I) The PAL pollutant and the applicable source-wide emission limitation in tons per year. (II) The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). (III) Specification in the PAL permit that ifa major stationary source owner or operator applies to renew a PAL in accordance with paragraph (b)(xv)(J) ofthis section before the end ofthe PAL effective period, then the PAL shall

6-35Draft 1113112

not expire at the end ofthe PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Division. (IV) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. (V) A requirement that, once the PAL expires, the major stationary source is subject to the requirements ofparagraph (b)(xv)(I) ofthis section. (VI) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph (b)(xv)(C)(I) ofthis section. (VII) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under paragraph (b)(xv)(M) ofthis section. (VIII) A requirement to retain the records required under paragraph (b)(xv)(M) ofthis section on site. Such records may be retained in an electronic format. (IX) A requirement to submit the reports required under paragraph (b)(xv)(N) ofthis section by the required deadlines. (X) Any other requirements that the Division deems necessary to implement and enforce the PAL. (H) PAL Effective Period and Reopening ofthe PAL Permit. (I) PAL Effective Period

. The PAL effective period shall be 10 years . (II) Reopening ofthe PAL Permit. (1.) During the PAL effective period, the Division shall reopen the PAL permit to:

a. Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination ofemissions used to establish the PAL;

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b. Reduce the PAL ifthe owner or operator ofthe major stationary source creates creditable emissions reductions for use as offsets under 40 CFR part 51.165(a)(3)(ii); and

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

a. Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates 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 PSD increment violation, or to an adverse impact on an AQRV that has been identified for a Federal Class I Area by a Federal Land Manager and for which information is available to the general public. (3.) Except for the permit reopening in paragraph (b)(xv)(H)(Il)(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 PAL that 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)(I)(I) through (V) ofthis section shall apply

. (I) Each emissions unit (or each group ofemissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (b)(xv)(I)(I)(l.) and (2.) ofthis section. (1.) Within the time frame specified for PAL renewals in paragraph (b)(xv)(J)(II) ofthis section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group ofemissions units, ifsuch a distribution is more appropriate as decided by the Division) by distributing the PAL-allowable emissions for the major stationary source among each

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ofthe emissions units that existed under the PAL. 

### Ifthe PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under paragraph (b)(xv)(J)(V) ofthis section, such distribution shall be made as ifthe PAL had been adjusted. (2

.) The Division shall decide whether and how the PAL-allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as the Division determines is appropriate. (II) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Division may approve the use of monitoring systems (source testing, emission factors , etc
.) other than CEMS, CERMS , PEMS or CPMS to demonstrate compliance with the allowable emission limitation. {III) Until the Division issues the revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as required under paragraph (b)(xv)(l){I)(2.) ofthis section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level ofthe PAL emission limitation. (IV) Any physical change or change in the method of operation at the major stationary source will be subject to Chapter 6, Section 4 requirements ifsuch change meets the definition of"Major modification" in Section 4(a). (V) The major stationary source owner or operator shall continue to comply with any State ofWyoming or Federal applicable requirements (BACT, RACT, NSPS , etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to paragraph (b)(i)(G) ofthis section, but were eliminated by the PAL in accordance with the provisions in paragraph (b)(xv)(A)(II)(3.) ofthis section. (J) Renewal ofa PAL. (I) The Division shall follow the procedures specified in paragraph (b)(xv)(E) ofthis section in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Division

. (II) Application Deadline. A major stationary source owner or operator shall submit a timely application to the Division to request renewal ofa PAL. A timely application is one that is submitted at least 6 months prior to, but not

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earlier than 18 months from, the date ofpermit expiration. This deadline for application submittal is to ensure that the 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 permit with the renewed PAL is issued. (ill) Application Requirements. The application to renew a PAL permit shall contain the information required in paragraphs (b)(xv)(J)(ill)(l.) through (4.) ofthis section. ( 1.) The information required in paragraphs (b)(xv)(C)(I) through 

### (ill) ofthis section. (2.) A proposed PAL level. (3.) The sum ofthe potential to emit ofall emissions units under the PAL (with supporting documentation). (4.) Any other information the owner or operator wishes the Division to consider in determining the appropriate level for renewing the PAL. (IV) PAL Adjustment. In determining whether and how to adjust the PAL, the Division shall consider the options outlined in paragraphs (b)(xv)(J)(IV)(l.) and (2.) ofthis section; however, in no case may any such adjustment fail to comply with paragraph (b)(xv)(J)(IV)(3.) ofthis section. 

### (1.) Ifthe emissions level calculated in accordance with paragraph (b)(xv)(F) ofthis section is equal to or greater than 80 percent ofthe PAL level, the Division may renew the PAL at the same level without considering the factors set forth in paragraph (b)(xv)(J)(IV)(2.) ofthis section; or (2.) The Division may set the PAL at a level that it determines to be more representative ofthe source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the Division in its written rationale. (3.) Notwithstanding paragraphs (b)(xv)(J)(IV)(l.) and (2.) ofthis section:

6-39Draft 1113112

a. Ifthe potential to emit ofthe major stationary source is less than the PAL, the Division shall adjust the PAL to a level no greater than the potential to emit ofthe source; and b

. The Division shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions ofparagraph (b)(xv)(K) ofthis section (increasing a PAL). (V) Ifthe compliance date for a State ofWyoming or Federal requirement that applies to the PAL source occurs during the PAL effective period, and ifthe Division has not already adjusted for such requirement, the PAL shall be adjusted at the time ofPAL permit renewal or Chapter 6, Section 3 operating permit renewal, whichever occurs first. (K) Increasing a PAL During the PAL Effective Period. (I) The Division may increase a PAL emission limitation only ifthe major stationary source complies with the provisions in paragraphs (b)(xv)(K)(I)(l .) through (4.) ofthis section. 

### (1.) The owner or operator ofthe major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source' s emissions to equal or exceed its PAL.(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 ofthe baseline actual emissions ofthe significant and major emissions 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 BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level ofBACT or LAER with which that emissions unit must currently comply. (3.) The owner 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

6-40Draft 1113112 requirements resulting from the Chapter 6, Section 4 process (for example, BACT), even though they have also become subject to 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 PAL pollutant. (II) The Division shall calculate the new PAL as the sum ofthe allowable emissions for each modified or new 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 ofthe baseline actual emissions ofthe small emissions units. (III) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofparagraph (b)(xv)(E) of this section. (L) Monitoring Requirements for PALs. (I) General Requirements

. 

### (1.) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms ofmass 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 information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. (2.) The PAL monitoring system must employ one or more ofthe four general monitoring approaches meeting the minimum requirements set forth in paragraphs (b)(xv)(L)(II)(l.) through (4.) ofthis section and must be approved by the Division. (3.) Notwithstanding paragraph (b)(xv)(L)(I)(2.) of this section, you may also employ an alternative monitoring approach that meets paragraph (b)(xv)(L)(I)(l.) ofthis section ifapproved by the Division. (4.) Failure to use a monitoring system that meets the requirements ofthis section renders the PAL invalid. (II) Minimum Performance Requirements For Approved Monitoring Approaches. The following are acceptable general monitoring approaches

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



### (1.) Mass balance calculations for activities using coatings or solvents; (2.) CEMS; (3.) CPMS 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 meet the 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 pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, ifit cannot otherwise be accounted for in the process; and (3.) Where the vendor ofa material or fuel, which is used in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operator must use the highest value ofthe range to calculate the PAL pollutant emissions unless the Division determines there is site-specific data or a site-specific monitoring program to support another content within the range. (IV) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements: 

### (1.) CEMS must comply with applicable Performance Specifications found in 40 CFR part 60, Appendix B; and (2.) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions unit is operating. (V) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:

6-42Draft 1113112
(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, while the emissions unit is operating

. (VI) Emission Factors

. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements: (1

.) All emission factors shall be adjusted, if appropriate, to account for the degree ofuncertainty or limitations in the factors ' development; (2.) The emissions unit shall operate within the designated range ofuse for the emission factor, ifapplicable; and (3.) 

### Iftechnically practicable, the owner or operator ofa significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months ofPAL permit issuance, unless the Division determines that testing is not required. (VII) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period oftime that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit. (VIII) Notwithstanding the requirements in paragraphs (b)(xv)(L)(III) through (VIII) ofthis section, where an owner or operator ofan emissions unit cannot demonstrate a correlation 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.

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(IX) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the 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 or operator to retain a copy ofall records necessary to determine compliance with any requirement of paragraph (b)(xv) ofthis section and ofthe PAL, including a determination ofeach emissions unit' s 12-month rolling total emissions, for 5 years from the date ofsuch record

. (II) The PAL permit shall require an owner or operator to retain a copy ofthe following records, for the duration ofthe PAL effective period plus 5 years : 

### (1.) A 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 owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Division in accordance with the applicable Chapter 6, Section 3 operating permit program. The reports shall meet the requirements in paragraphs (b)(xv)(N)(I) through 

### (ill) ofthis section. (I) Semi-annual Report

. The semi-annual report shall be submitted to the Division within 30 days ofthe end ofeach reporting period

. This report shall contain the information required in paragraphs (b)(xv)(N)(I)(l.) through (7.) ofthis section. ( 1

.) The identification ofowner and operator and the permit number. (2.) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to paragraph (b)(xv)(M)(I) ofthis section

.

6-44Draft 1113112 · (3.) All data relied 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 (other than the time associated with zero and span calibration checks), and any corrective action taken. (6

.) A notification ofa shutdown ofany monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant or the number determined by method included in the permit, as provided by paragraph (b)(xv)(L)(VII) ofthis section. (7.) A signed statement by the responsible official (as defined by the applicable Chapter 6, Section 3 operating permit program) certifying the truth, accuracy, and completeness ofthe information provided in the report. (II) Deviation Report. The major stationary source owner or operator shall promptly submit reports 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 satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by Chapter 6, Section 3(h)(i)(C)(III)(2.). The reports shall contain the following information: ( 1.) The identification ofowner and operator and the permit number; (2.) The PAL requirement that experienced the deviation or that was exceeded; (3.) Emissions resulting from the deviation or the exceedance;and (4.) A signed statement by the responsible official (as defined by the applicable Chapter 6, Section 3 operating permit program) certifying the truth, accuracy, and completeness ofthe information provided in the report.

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(III) Re-validation Results. The owner or operator shall submit to the Division the results ofany re-validation test or method within three months after completion ofsuch test or method. (0) Transition Requirements

. (I) The Division shall not issue a PAL that does not comply with the requirements in paragraphs (b)(xv)(A) through (0) ofthis section after the Administrator has approved regulations incorporating these requirements into Chapter 6, Section 4. (II) The Division may supersede any PAL which was established prior to the date ofapproval ofthis regulation by the Administrator ofEPA with a PAL that complies with the requirements ofparagraphs (b)(xv)(A) through (0) of this section. (xvi) 

### Ifany provision ofthis section, or the application ofsuch provision to any person or circumstance, is held invalid, the remainder ofthis section, or the application ofsuch provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby

. (xvii) Transition: (A) The requirements for BACT in Chapter 6, Section 4(b)(ii) and the requirements for air quality analysis in Chapter 6, Section 4(b)(i) shall not apply to a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective on January 25 , 1979, ifthe owner or operator ofthe source submitted an application for a permit under these regulations before August 7, 1980, and the Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirements ofChapter 6, Section 4 as in effect on January 25 , 1979, apply to any such source or modification. (B) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was subject to Chapter 6, Section 4, as effective on January 25 , 1979, ifthe owner or operator ofthe source or modification submits an application for a permit under these regulations on or before June 8, 1981 , and the Administrator subsequently determines that the application submitted before that date was complete with respect to the requirements for ambient air quality data analyses as in effect on January 25 , 1979

. Instead, the latter requirements shall apply to such source or modification. (C) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was not subject to Chapter 6, Section 4, as effective on January 25 , 1979, ifthe owner or operator ofthe

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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 or operator 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 that the application submitted before that date was complete, except with respect to the requirements for monitoring particulate matter. (E) The requirements for air quality monitoring ofPM 10 in paragraphs (b)(i)(E)(IV) through (b)(i)(E)(V) ofthis section, effective February 13, 1989, shall apply to a particular source or modification if the owner or operator ofthe source or modification submits an application for a permit under this section after June 1, 1988 and no later than December 1, 1988. The data shall have been gathered over at least the period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (b)(xvii)(G) ofthis section, except that the Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over that shorter period of time. (F) For any application under this section that becomes complete except as to the requirements ofparagraphs (b)(i)(E)(Ill) and (b)(i)(E)(IV) pertaining to PM 10, after December 1, 1988 and no later than August 1, 1989, the data that paragraph (b)(i)(E)(III) requires will have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwise complete. 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 over that 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 February 13 , 1989, the owner or operator ofthe source or modification shall use a monitoring method approved by the Administrator and shall estimate the ambient concentrations ofPM 10 using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Administrator

. (H) The 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 subject to Chapter 6, Section 4, as effective on

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February 8, 1988, ifthe owner or operator ofthe source or modification submits an application for a permit under these regulations on or before 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 apply to a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective on June 3, 1993, ifthe owner or operator ofthe source or modification submits an application for a permit under these regulations on or before the effective date ofthis regulation revision 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 time the application was submitted, shall apply: Maximum Allowable Increments ofDeterioration

- μg/m 3
Pollutant Class I Class II Particulate Matter: TSP, Annual geometric mean TSP, 24-hour maximum* 

### 5 10 19 37 *Maximum allowable increment may be 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 may not be redesignated. All other areas ofthe State ofWyoming shall be designated Class II as of the effective date ofthis regulation. (d) Redesignation. All redesignation ofareas withi!l 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 or Class II areas: (A) An area which exceeds 10,000 acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore; and (B) A national park or national wilderness area which exceeds 10,000 acres in size and is established after the effective date ofthis regulation.

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(ii) Except as provided in paragraph (c) above, any area may be 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 may be 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 prior to the public hearing, a description and analysis ofthe health, environmental, economic, social and energy effects ofthe proposed redesignation shall be prepared and made available for public inspection. Any person petitioning the Department or Council to redesignate an area shall be responsible for preparing or submitting such description and analysis. Such persons shall also be responsible for revising this required documentation to the extent necessary to satisfy the 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 by the proposed redesignation shall be notified at least 30 days prior to the hearing. (D) Prior to proposing a redesignation, the Division and the Air Quality Advisory Board shall consult with the elected leadership oflocal and other substate general purpose governments in the area covered by the redesignation. (E) Prior to public notice ofthe proposed redesignation the Division shall provide written notice to any Federal Land Manager who may be responsible for any federal lands within the area proposed for such redesignation and shall afford adequate opportunity (but not in excess of60 days) to confer with the State respecting the intended notice ofdesignation. The Federal Land Manager shall be offered the opportunity to submit written comments and recommendations with respect to such intended notice ofredesignation. In redesignating any area with respect to which the federal land manager has submitted written comments and recommendations, the Division will publish a list ofany inconsistency between such redesignation and such recommendation with an explanation ofsuch inconsistency (together with the reasons for making such redesignation against the recommendation ofthe Federal Land Manager). (F) The Council shall review and examine the description and analysis prepared pursuant to subparagraph (iii)(B) above prior to any redesignation.

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(iv) (A) Ifan area has been proposed for redesignation to a more stringent class, no permit to construct may be granted to a source which may cause an impact in the area proposed for redesignation and for which an application to construct is received by the Division after the filing ofthe petition for redesignation with the Environmental Quality Council until the proposed redesignation has been acted upon; however, approval may be granted if, in the Administrator' sjudgment, the proposed source would not violate the applicable increments ofthe proposed redesignation

. Such approval shall be withheld only so long as in the Administrator' sjudgment, the petitioner is expeditiously proceeding toward development ofthe " description and analysis" required under (iii)(B) above, and provided that 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 by the Division prior to the receipt by the Council ofa petition for redesignation ofan area to a more stringent class and where such source may cause an impact in the area proposed 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 proceeding toward the development and submittal of such 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, andjudged to be complete by the Administrator within 18 months ofthe filing ofthe initial permit application

. Upon good cause shown, the Administrator may extend the foregoing deadline.

# o'f-~ Section 14

. Incorporation by reference.**~'** 

# """ 

# ,,,. (a) Code ofFederal Regulations (CFR)

. All Code ofFederal Regulations (CFRs) cited in this chapter, including their Appendices, 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 and copies can be obtained at cost from the Department ofEnvironmental Quality, Division ofAir Quality, 122 W. 25 1 h Street, Cheyenne, Wyoming 82002. Copies ofthe CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214

.

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