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 of current and future generations. 

-1{ /3o 

John Corra, Director 

00 

c: 

0 .2 G> W Cit,> 

GI IE 

Mr ~a:o . 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 of the Wyoming Department of 

Environmental Quality conducted a public hearing pursuant to 40 CFR §51.102 to consider the adoption 

of revisions and additions to the Wyoming Air Quality Standards and Regulations (W AQSR). 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 

of the annual effort to adopt changes to the federal definition, bringing the version up to date as of July 1, 

2010. Chapter 6, Permitting Requirements, Section 4, Prevention of significant deterioration, was revised 

to maintain consistency with federal rules through the inclusion of PM2.5 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 of the necessary State reviews and approvals have been secured, I am submitting one 

paper copy and one electronic copy (in .pdfformat on CD) of the revisions to the State Implementation 

Plan. The electronic copy is an exact duplicate of the paper copy. 

The following administrative materials are included in the plan submission and have been 

attached for your review: 

1. A copy of the stamped Certification Page by the Secretary of State indicating the 

effective date of the 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 777-5973 
Mr. James B. Martin 

May 24, 20'12 

Page2 

2. An October 14, 2011 memorandum from John Corra, Director of the 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 of intent of legislative authority. 

5. A copy of the notices issued by the Air Quality Division for public hearings with a list of 

newspapers and dates of publication. 

6. A copy of the Statement of Principal Reasons that was adopted with the rules. 

7. A copy of the comments submitted on December 29, 2011 from Holland and Hart on 

behalf of Basin Electric Power Cooperative, and a response to those comments. 

8. A list of signatures of witnesses present at the January 13, 2012 hearing as well as a copy 

of the agenda. 

9. Two copies of the 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 of the revised 

State Implementation Plan for the State of Wyoming 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, of the Wyoming Air Quality 

Standards and Regulations as revised March 28, 2012. 

If you 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: 

D EQ 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 of the Code of Federal Regulations (CFR) and all standards of the American Society 

for Testing and Materials (ASTM) revised and published as of July 1, 2010, which are cited in Chapter 3, 

are incorporated by reference. (NOTE: These rules comply with the requirements of W.S. 16-3-103(h) 

by stating where copies of the 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 of July 1, 2010. Revised to remove certain subparts of 40 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 of 40 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 of July 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 of Federal Regulations 

(CFR) revised and published as of July 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~ Matthew D. Obrecht D.~ Staff Attorney 

~IA).~ Gerald W. Laska 

Staff Attorney 
a. Agency/Board Name See attached list for references 

Department of Environmental Quality 

b. Agency/Board Address 

Certification Page 

Regular and Emergency Rules 

Herschler Building 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 Zip Code 

82002 

a. These rules are: D Emergency Rules (!liter completing all of Section 2. proceed to Section 5 below) [!] Regular Rules 

b. Choose all that apply: D New Rules• 0 Amended Rules D Repealed Rules 

• 'New" rules means the first set of regular rules to be promulgated by the Agency after the Legislature adopted a new statutory provision or significantly amended an existing statute. 

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

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

use the Additional Rule Information form and attach it to this cenification) 

Chapter Number: Short Title: 

. 3 General Emission Standards 

Chapter Number: Short Title: 

5 National Emission Standards 

Chapter Number: Short Title: 

6 Permitting Requirements 

Chapter Number: Short Title: 

11 National Acid Rain Program 

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 a public hearing: 

3 .. State uovernmint NJ:fticeof lnkrfded 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 in strike 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 a timely request for advance notice. 

b. A public 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 which 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 a ry 1 8' 2 Q 1 2 

,•L_ 

Printed Na,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 of current 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 of Environmental Quali~~ 

Subject: Proposed Rules for Chapters 3, 5, 6, 11and14 (R-19) 

Date: 

Priority: 

Summary: 

Department of Environmental Quality, Air Quality Division 

October 14, 2011 

HIGH - Deadline for response is October 28, 2011 

Notice of Agency Rulemaking 

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

listed above. The following is a brief summary of the proposed rule changes: 

• Annual updates to sections to be adopted by reference from the 20 I 0 Code of Federal Regulations 

(CFR). If the State does not adopt the most recent versions of these sections by reference, the rule still 

applies at the federal level. 

• Removal of certain 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 of PM2_5 increments to bring up to date with federal requirements, and maintain State 

primacy in the area of permitting. 

• Addition of "Altemative Operating Scenario (AOS)" and "Approved Replicated Methodology 

(ARM)" definitions. 

• Removal of the 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 of Principal 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 by the 101h working day, the agency will proceed 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 

FAX 777-5973 
Office of the Attorney General 

Governor 

1Iatthcw H .. Mead 

Attorney General 

Gregory A. Phillips 

\Vater and Natural Resources Division 

123 State Capitol 

Cheyenne, Wyoming 82002 

307-777-6946 Telephone 

307-777-3542 Fax 

Chief Deputy Attorney General 

Peter K Michael 

Division Deputy 

J ay r\. J erde 

PRIVILEGED AND CONFIDENTIAL 

ATTORNEY - CLIENT COMMUNICATION 

Steven Dietrich, Administrator 

Air Quality Division 

April 16, 2012 

Wyoming Department of Environmental 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 of the 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, the 
Steven Dietrich 

SIP Amendment - WAQSR Chs. 3, 6 and 14 

April 16, 201 2 

Page 3 of 4 

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 of the WAQSR 

Chapter 3 of the W AQSR, 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 of the references to the Code of Federal Regulation rules 

and American Society for Testing and Material standards cited in Chapter 3. 

Chapter 6 of the W AQSR, 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 of Federal 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 of the 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 if you have any questions. 

NancyE Vehr 

Sr. Asst. Attorney General 
Notice of Proposed Rulemaking Before 

The Environmental Quality Council 

By the Department of Environmental Quality 

Air Quality Division (AQD) 

The Environmental Quality Council (EQC) will hold a public hearing beginning at 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 of certain subsections from Sections 2 and 3. Chapter 6, Section 4, will be 

revised to include PM25 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 of the public record if they 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. If you 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 Disabilities Act, special assistance or alternative formats will be 

made available upon request for individuals with disabilities 
Environmental Quality Council Public Hearing 

January 13, 2012--Public Notice 

Newspaper Date of Publication 

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, 2011 
BEFORE THE 

ENVIRONMENTAL QUALITY COUNCIL 

ST A TE OF WYOMING 

JN THE MA TIER 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 ) 

ST A TEMENT 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) of the Environmental Quality Act states that the Administrator, 

after consultation with the Advisory Board, shall recommend to the Director such 

ambient air standards and regulations that may be necessary to prevent, abate, or control 

pollution. 

Section 35-11-202 (b) of the Act states that in recommending such standards the 

Administrator shall consider all facts and circumstances bearing upon the reasonableness 

of the emissions involved including: 

(A) The character and degree of injury to, or interference with the health and physical 

well being of the people, animals, wildlife and plant life; 

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

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

(D) The technical practicability and economic reasonableness of reducing or 

eliminating the pollution; and 

(E) The socia l welfare and aesthetic value. 

3. Chapter 3, General Emission Standards, Section 9, Incorporation by reference, was 

revised as part of the annual effort to adopt changes to the federal definition, bringing the 

version up to date as of July 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 of July I, 20 I 0. In order to maintain consistency with federal 

language, the general provisions of this section were removed and adopted by reference 

from Subpart A of 40 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 of PM2.5 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 I 4, 

Incorporation by reference, was updated to adopt by reference from the CFR for July I, 

20 l 0. Section 4, Prevention of significant deterioration, and Section 14, Incorporation by 

reference, involve changes to the SIP. 

6. Chapter I 4, 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 I 0. 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 of the ACT, as stated in W.S. 35-l 1-102, and that they have been promulgated in 

accordance with rulemaking provisions of the Wyoming Administrative Procedures Act. 

Dated this --''-=3'--- day of JA Iii it MY"-_,__ __ , 2012. 

Hearing Examiner - Printed Name 

Wyoming Environmental Quality Council 

2 

Hearing Examiner - Signed Name 

Wyoming Environmental Quality Council 
THE 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 of Basin 

Electric Power Cooperative. 

Dear Administrator: 

I submit the following comments on behalf of Basin 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 of the 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 of a 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 Fax [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 Springs Denver Denver Tech Center Jackson Hole Salt Lake City Sa nta Fe Washington, D.C. <J 
THE 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 of the increment, even though the impact of Basin Electric's 

proposed source at the time and place of the 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 ... if the predicted impact ... is less than the maximum 

allowable increment .. . " Powder River Basin Resource Council, 226 P.3d at 815-16, citing 6 

W AQS&R Section 4(b )(i)(A)(I). The Court held that this language must be read literally and 

that it precluded the use of SILs even in cases where the contribution of a source to an increment 

exceedance was infinitesimally small. This language remains unchanged in the WDEQ's 

proposed rule. The Court also stated that " [i]f the 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 of that 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 of PM2.5 sources, but also to allow a permit to be issued, despite 

cumulative modeling ofNAAQS or increment exceedances, as long as the contribution of the 

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 of a 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 Fax [307] 778·8175 www.hollandhart.com 

2515 Wa rren Avenue Suite 4SO Cheyenne, WY 82001 Mailing Address P.O. Box 1347 Cheyenne, WY 82003· 1347 

Aspen Bill ings Boise Boulder Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Sa lt Lake City Santa Fe Washington, 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 if the 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 if the impact of the 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 if the impact of 

the source is less than SILs "in all areas". We believe it is the intent of the 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 of the 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 of a project, despite NAAQS or increment exceedances, as long as the impact of the 

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 of the 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 of the 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 of a NAAQS or increment as long as the 

contribution of the 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 Fax [307] 778-8175 www.hollandhart.com 

25 15 Warren Avenue Suite 450 Cheyenne, WY 82001 Mailing Address P.O. Box 1347 Cheyenne, WY 82003-1347 

Aspen Billings Boise Boulder Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Sa lt Lake City Santa Fe Wa shington, 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 Springs 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 of an existing stationary source shall be subject to the conditions outlined 

below. 

(i) (A) (I) The review of the stationary source for the construction or 

modification permit(s) required under Chapter 6, Section 2 of these regulations shall apply and 

shall be expanded so as to include analysis of the predicted impact of the allowable and 

secondary emissions from the stationary source on the ambient air quality in areas affected by 

such emissions. An analysis of the predicted impact of emissions 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 of other pollutants may be required by the Administrator. Such analysis shall identify 

and quantify the impact on the air quality in the area of all 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 of this 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 of application is not required. A permit to construct pursuant to Chapter 6, Section 2 shall 

be issued only if the conditions of Chapter 6, Section 2 are complied with and if the 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) of emissions defined above is 

less than the maximum allowable increment _shown in Table 1~ for the classification of the area 

in which the impact is predicted.:., and if the ambient standard for the pollutant(s) is not exceeded. 

6-71 
Table 1 

Maximum Allowable Increments of Deterioration - μg/m

3 

Pollutant 

Particulate Matter: 

PMz 5. annual arithmetic mean 

PMz 5. 24-hr maximum 

PM10, annual arithmetic mean 

PM10, 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 of current 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 of the 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 of the 

issues you have raised and the likely interest of other 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. 

If you 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 of Greybull, 601 Greybull Ave., Greybull, WY -9:00 A.M. 

JANUARY 12, 2012 - HEARING: In the Matter of the Appeal of Notice of Violation 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 of the Protest to the Issuance of the 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. 

CALL TO ORDER - Introduction of Council and Staff and EQC's New Assigned Attorney General, John Knepper 

1. APPROVAL OF MINUTES 

A. November 16, 2011 

2. CONSENT AGENDA 

A. Notice of Violation and Orders 

a. Pure Petroleum, P.O. Box 2636, Gillette, WY - Notice of Violation and Order - DEQ Docket 

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

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

c. Pioneer Oil, LLC, 1728 Lampman Drive, Suite A, Billings, MT - Notice of Violation 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 of Violation 

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

e. Pinnacle Gas Resources, Inc., l East Alger, Sheridan, WY - Notice of Violation and Order -

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

f. Yellowstone RV and Auto Repair, 124 West Yellowstone, Cody, WY -Notice of Violation and 

Order - DEQ Docket No. 44 73-09, EQC Docket No. 11-5223 
B. Administrative Order on Consent 

a. In the Matter of the Administrative Order on Consent Issued to the City of Douglas, WY - DEQ 

Docket No. 4743-10, EQC Docket No. 10-5901-Joint Stipulation to Modify Administrative Order 

on Consent 

b. In the Matter of the Administrative Order on Consent Issued to the City of Rawlins, WY - DEQ 

Docket No. 4815-11, EQC Docket No. 11-5901- Joint Stipulation to Modify Administrative Order 

on Consent 

c. In the Matter of the Administrative Order on Consent Issued to the Town of Wheatland, 

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 of the Objection to the Small Mine Permit of GECR, LLC. TFN 5 4/191, Docket No. 

11-4804- Order Granting Small Mine Permit TFN 5 4/191 

B. In the Matter of the Objection to the Proposed Renewal Permit Sand Draw Landfill, SHWD File 

#10-195 - Docket No. 11-5602 - Findings of Fact, Conclusions of Law and Order 

4. DISCUSSION 

A. Executive Secretary's Report - Jim Ruby 

1. Assignment of Presiding Officer's to New Cases 

B. AG Report - John Knepper 

ADJOURN 
In 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 of Federal Regulations (CFR). All Code of Federal Regulations (CFR), 

including their Appendices, cited in this Chapter, revised and published as of July I,~ 

2010, not including any later amendments, are incorporated by reference. Copies of the 

Code of Federal Regulations are available for public inspection and copies can be 

obtained at cost from the Department of Environmental Quality, Division of Air Quality, 

122 W. 25th Street, Cheyenne, Wyoming 82002. Copies of the 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 of July 1, ~ 2.0..l.Q, not including any 

later amendments, are incorporated by reference. Copies of the ASTM standards are 

available for public inspection and copies can be obtained at cost from the Department of 

Environmental Quality, Division of Air 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 of Federal Regulations (CFR). All Code of Federal Regulations (CFR), 

including their Appendices, cited in this Chapter, revised and published as of July 1, 

2010, not including any later amendments, are incorporated by reference. Copies of the 

Code of Federal Regulations are available for public inspection and copies can be 

obtained at cost from the Department of Environmental Quality, Division of Air Quality, 

122 W. 25th Street, Cheyenne, Wyoming 82002. Copies of the 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 of July 1, 2010, not including any later 

amendments, are incorporated by reference. Copies of the ASTM standards are available 

for public inspection and copies can be obtained at cost from the Department of 

Environmental Quality, Division of Air 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 

Permitting Requirements 

CHAPTER6 

Section 4. Prevention of significant deterioration. 

(a) Definitions. For purposes of this section: 

''Actual emissions" means the actual rate of emissions of a regulated NSR 

pollutant from an emissions unit, as determined in accordance with paragraphs (i) through 

(iii) of this 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) of this section. Instead, the definitions for "Projected actual emissions" and 

"Baseline actual emissions" of this section shall apply for those purposes. 

(i) In general, actual emissions as of a 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 of normal source operation. The Division shall allow the use of a different 

time period upon a determination that it is more representative of normal source 

operation. Actual emissions shall be calculated using the unit's actual operating hours, 

production rates, and types of materials 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 of the unit. 

(iii) For any emissions unit that has not begun normal operations on the 

particular date, actual emissions shall equal the potential to emit of the unit on that date. 

"Administrator" means Administrator of the Division of Air Quality, Wyoming 

Department of Environmental Quality. 

"Allowable emissions" means the emission rate of a stationary source calculated 

using the maximum rated capacity of the source (unless the source is subject to 

enforceable permit conditions which limit the operating rate or hours of operation, or 

both) and the most stringent of the 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 

6-1 
standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the 

State of Wyoming. 

(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 of emissions, in tons per year, of a 

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 of the project. The Division shall allow the use of a different time period 

upon a determination that it is more representative of normal 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) of this 

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 of the 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, if an 

emission limitation is part of a 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 of 40 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 if required by paragraphs (ii)(B) and (C) of 

this definition. 

(iii) For a new emissions unit, the baseline actual emissions for purposes 

of determining 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) of this definition, for other existing emissions units 

in accordance with the procedures contained in paragraph (ii) of this definition, and for a 

new emissions unit in accordance with the procedures contained in paragraph (iii) of this 

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 

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follows: Equal to or greater than 1 μg/m3 (annual average) for S02, N02, or PM10; or 

equal to or greater than 0.3 μg/m3 (annual average) for PM25• 

(i) The following baseline areas have been designated as separate 

particulate matter attainment areas under section 107 of the 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 of the 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 of Section 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, NYiSW'/.i, NYiSE'/.i Section 24 T47N, R71 W, Campbell County, Wyoming. 

(E) The remainder of the State of Wyoming. 

(ii) Any baseline area established originally for the TSP increments shall 

remain in effect and shall apply for purposes of determining the amount of available PM10 

increments. 

"Baseline concentration" means that ambient concentration level which exists in 

the baseline area at the time of the 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) of this definition; 

(ii) The allowable emissions of major 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 of the 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 of physical on-site 

construction activities on an emissions unit which are of a permanent nature. Such 

activities include, but are not limited to, installation of building supports and foundations, 

laying of underground pipework, and construction of permanent storage structures. With 

respect to a change in method of operation this term refers to those onsite activities, other 

than preparatory activities, which mark the initiation of the change. 

"Best available control technology" means an emission limitation (including a 

visible emission standard) based on the maximum degree of reduction of each 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. If the Administrator determines that technological or economic limitations on 

the application of measurement methodology to a particular emissions unit would make 

the imposition of an emission standard infeasible, he may instead prescribe a design, 

equipment, work practice or operational standard or combination thereof to satisfy the 

requirement of Best 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 of BACT shall not result in emissions in excess 

of those allowed under Chapter 5, Section 2 or Section 3 of these 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 of Wyoming. 

"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 of sulfur dioxide or oxides of 

nitrogen associated with the utilization of coal in the generation of electricity, or process 

steam which was not in widespread use as of November 15, 1990. 

"Clean coal technology demonstration project" means a project using funds 

appropriated under the heading "Department of Energy-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 of a 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 of actual on-site construction of the 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 of construction of the 

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 of permit processing does not preclude the Division 

from requesting or accepting any additional information. 

"Construction" means any physical change or change in the method of operation 

(including fabrication, erection, installation, demolition, or modification of an emissions 

unit) which would result in a change in emissions. 

"Continuous emissions monitoring system (CEMS)" means all of the equipment 

that may be required to meet the data acquisition and availability requirements of this 

section, to sample, condition (if applicable), analyze, and provide a record of emissions 

on a continuous basis. 

"Continuous emissions rate monitoring system (CERMS)" means the total 

equipment required for the determination and recording of the pollutant mass emissions 

rate (in terms of mass per unit of time). 

"Continuous parameter monitoring system (CPMS)" means all of the equipment 

necessary to meet the data acquisition and availability requirements of this section, to 

6-6 
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 of supplying more than one-third of its 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 of providing 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 of the affected facility. 

"Emissions unit" means any part of a 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 of this section, there are two types 

of emissions units as described in paragraphs (i) and (ii) of this 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) of this definition. 

"Enforceable" means all limitations and conditions which are enforceable under 

provisions of the Wyoming Environmental Quality Act and/or are federally enforceable 

by the Administrator of the 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 Land Manager" means, with respect to any lands in the United States, 

the Secretary of the 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 of the stack of a source. 

"Indian Governing Body" means the governing body of any tribe, band, or group 

of Indians subject to the jurisdiction of the United States and recognized by the United 

States as possessing power of self-Government. 

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"Indian Reservation" means any federally recognized reservation established by 

treaty, agreement, executive order, or act of Congress. 

"Innovative control technology" means any system of air pollution control that 

has not been adequately demonstrated in practice, but would have a substantial likelihood 

of achieving greater continuous emissions reduction than any control system in current 

practice or of achieving at least comparable reductions at lower cost in terms of energy, 

economics, or non air quality environmental impacts. 

"Lowest achievable emission rate (LAER)" means, for any source, the more 

stringent rate of emissions based on the following: 

(i) The most stringent emissions limitation which is contained in the 

implementation plan of any State for such class or category of stationary source, unless 

the owner or operator of the 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 of stationary 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 of the 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 of performance. 

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

"Major modification" means any physical change in or change in the method of 

operation of a major stationary source that would result in: a significant emissions 

increase (as defined in the definition for "Significant emissions increase" in this section) 

of a regulated NSR pollutant (as defined in the definition for "Regulated NSR pollutant" 

in this section); and a significant net emissions increase of that 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 of operation shall not 

include: 

(A) Routine maintenance, repair and replacement. 

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(B) Use of an alternative fuel by reason of an order under section 

125 of the Federal Clean Air Act; 

(C) An increase in the hours of operation or in the production rate, 

if such increase does not exceed the operating design capacity of the major stationary 

source unless such change would be prohibited by, or inconsistent with, an enforceable 

permit issued by the Division; 

(D) Use of an alternative fuel or raw material by reason of an order 

in effect under sections 2(a) and (b) of the Energy Supply and Environmental 

Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas 

curtailment plan in effect pursuant to the Federal Power Act; 

(E) Use of an alternative fuel or raw material, if prior to January 6, 

1975, the source was capable of accommodating such fuel or material unless such change 

would be prohibited by, or inconsistent with, an enforceable permit issued by the 

Division, or if the source is approved to use such fuel or material through an enforceable 

permit issued under these regulations; 

(F) Change in ownership of the stationary source; 

(G) The use of municipal solid waste as an alternative fuel at a 

steam generating plant; 

(H) The installation, operation, cessation or removal of a 

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 of a permanent clean coal 

technology demonstration project that constitutes repowering, provided that the project 

does not result in an increase in the potential to emit of any regulated pollutant emitted by 

the unit. This exemption shall apply on a pollutant-by-pollutant basis. 

(J) The reactivation of a 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) of this section for a PAL for that pollutant. Instead, the 

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definition in paragraph (b)(xv)(B) for "PAL major modification" of this section shall 

apply. 

"Major source baseline date" means: 

(i) In the case of PM10 and sulfur dioxide, January 6, 1975; and 

(ii) In the case of nitrogen dioxide, February 8, 1988. 

(iii) In the case of PM25, October 20, 2010. 

"Major stationary source" means (a) any of the following stationary sources of 

air pollutants which emit, or have the potential to emit, one hundred tons per year or more 

of any 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 of charging 

more than two hundred and fifty tons of refuse 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) of more 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 of any 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 

PM10 and sulfur dioxide, and after February 8, 1988 for nitrogen oxides, and after 

October 20, 2011 for PM25 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 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 of the State of Wyoming- 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 of its complete application; and 

(B) In the case of a major stationary source, the pollutant would be 

emitted in significant amounts, or in the case of a major modification, there would be a 

significant net emissions increase of the 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 of determining the amount 

of available PM10 increments. 

"Net emissions increase" means, with respect to any regulated NSR pollutant 

emitted by a major stationary source, the amount by which the sum of the following 

exceeds zero: 

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(i) The increase in emissions from a particular physical change or change 

in the method of operation at a stationary source as calculated pursuant to paragraph 

(b)(i)(J) of this 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) of the 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 if it 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 of sulfur dioxide, 

particulate matter, or nitrogen oxides that occurs before the applicable minor source 

baseline date is creditable only if it is required to be considered in calculating the amount 

of maximum allowable increases remaining available. 

(vi) An increase in actual emissions is creditable only to the extent that 

the new level of actual emissions exceeds the old level. 

(vii) A decrease in actual emissions is creditable only to the extent that: 

(A) The old level of actual emissions or the old level of allowable 

emissions, whichever is lower, exceeds the new level of actual 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" of this section, shall not apply 

for determining creditable increases and decreases. 

"Potential to emit" means the maximum capacity of a stationary source to emit a 

pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a pollutant, including air pollution control 

equipment and restrictions on hours of operation or the type or amount of material 

combusted, stored, or processed, shall be treated as part of its design if the limitation or 

the affect it would have on emissions is enforceable. Secondary emissions do not count 

in determining the potential to emit of a stationary source. 

"Predictive emissions monitoring system (PEMS)" means all of the 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 of operation 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 of the 5 years (12-month period) following the date the unit resumes regular 

operation after the project, or in any one of the 10 years following that date, if the project 

involves increasing the emissions unit's design capacity or its potential to emit that 

regulated NSR pollutant, and full utilization of the 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 of this 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 of business 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 of the 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" of this section and that are also unrelated to the particular project, 

including any increased utilization due to product demand growth; or, 

(D) In lieu of using the method set out in paragraphs (i)(A) 

through (C) of this 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" of this section. 

"Reactivation of a very clean coal-fired electric utility steam generating unit" 

means any physical change or change in the method of operation associated with the 

commencement of commercial 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 of the Clean Air Act Amendments of 1990, and the emissions from such unit 

continue to be carried in the State of Wyoming'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 of no 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 of operations following reactivation; and 

(iv) Is otherwise in compliance with the requirements of the Clean Air 

Act. 

"Regulated NSR pollutant", for purposes of this 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 

of NSR 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 of nitrogen 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 of volatile 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 of the Federal Clean Air Act; 

(iii) Any Class I or II substance subject to a standard promulgated under 

or established by Title VI of the 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 

of the Federal Clean Air Act or added to the list pursuant to section 112(b)(2) of the 

Federal Clean Air Act, which have not been delisted pursuant to section 112(b)(3) of the 

Federal Clean Air Act, are not regulated NSR pollutants unless the listed hazardous air 

pollutant is also regulated as a constituent or precursor of a general pollutant listed under 

section 108 of the Federal Clean Air Act. 

(v) [Reserved.] 

(vi) Particulate matter (PM) emissions, PM2.5 emissions, and PM10 

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 PM10 in PSD permits. 

Compliance with emissions limitations for PM, PM25 and PM10 issued prior to this date 

shall not be based on condensable particulate matter unless required by the terms and 

conditions of the 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 of this 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 of an 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 5 l.166(y)(2)) of the 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. If the replaced emissions unit is 

brought back into operation, it shall constitute a new emissions unit. 

"Repowering" means replacement of an existing coal-fired boiler with one of the 

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 of Energy, a derivative of one or more of these 

technologies, and any other technology capable of controlling multiple combustion 

emissions simultaneously with improved boiler or generation efficiency and with 

significantly greater waste reduction relative to the performance of technology 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 of January 1, 1991 , by the 

Department of Energy. 

(ii) The Administrator shall give expedited consideration to permit 

applications for any source that satisfies the requirements of this subsection and is granted 

an extension under section 409 of the Clean Air Act. 

"Secondary emissions" means emissions which occur as a result of the 

construction or operation of a 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 of the 

6-16 
construction or modification of the 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 of a motor vehicle or from a train. 

"Significant" means: 

(i) In reference to a net emissions increase or the potential of a source to 

emit any of the following pollutants, a rate of emissions that would equal or exceed any 

of the following rates: 

POLL UT ANT AND EMISSIONS RA TE 

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 of particulate matter 

emissions; 15 tpy of PM10 emissions 

10 tpy of direct PM2.s emissions; 

40 tpy of sulfur dioxide emissions; 

40 tpy of nitrogen oxide emissions 

unless demonstrated not to be a 

PM2.s precursor under the definition 

of "Regulated NSR pollutant" in 

Section 4(a) of this chapter 

40 tpy of volatile 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) 

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Municipal solid waste landfill emissions 

(measured as nonmethane organic compounds): 45 megagrams per year (50 tons per 

year) 

(ii) "Significant" means, in reference to a net emissions increase or the 

potential of a 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 of a Class I Area, and 

have an impact on such area equal to or greater than 1 μg/m3 (24-hour average). 

"Significant emissions increase" means, for a regulated NSR pollutant, an 

increase in emissions that is significant (as defined in paragraph (i) of the 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 of the same 

person (or persons under common control) except the activities of any vessel. Pollutantemitting activities shall be considered as part of the same industrial grouping if they 

belong to the same Major Group (i.e., which have the same two-digit code) as described 

in the Standard Industrial 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 demonstration project" means a clean coal 

technology demonstration project that is operated for a period of 5 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 of an existing stationary source shall be subject to the conditions 

outlined below. 

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(i) (A) (I) The review of the stationary source for the construction 

or modification permit(s) required under Chapter 6, Section 2 of these regulations shall 

apply and shall be expanded so as to include analysis of the predicted impact of the 

allowable and secondary emissions from the stationary source on the ambient air quality 

in areas affected by such emissions. An analysis of the predicted impact of emissions 

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 of other pollutants may be 

required by the Administrator. Such analysis shall identify and quantify the impact on the 

air quality in the area of all 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 of this 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 of application is not required. A permit to construct pursuant to Chapter 6, 

Section 2 shall be issued only ifthe conditions of Chapter 6, Section 2 are complied with 

and if the predicted impact (over and above the baseline concentration) of emissions 

defined above is less than the maximum allowable increment shown in Table 1 for the 

classification of the area in which the impact is predicted, and ifthe ambient standard for 

the pollutant(s) is not exceeded. 

Table 1 

Maximum Allowable Increments of Deterioration - μg/m3 

Pollutant 

Particulate Matter: 

PM25, annual arithmetic mean 

PM2.5, 24-hr maximum 

PM10, annual arithmetic mean 

PM10, 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 

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

(1.) For purposes of PM2.5, the demonstration 

required in paragraph (b)(i)(A)(I) of this section is deemed to have been made ifthe 

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emissions increase from the new stationary source alone or from the modification alone 

would cause, in all areas, air quality impacts less than the amounts specified in Table 2. 

Pollutant 

Table 2 

PM25 Significant Impact Levels 

Averaging Time 

Annual 

24-hour 

Class I 

0.06 μg/m3 

0.07 μg/m3 

Class II 

0.3 μg/m3 

1.2 μg/m3 

(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 of petroleum 

products, natural gas, or both by reason of an 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 of such 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 of natural 

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 of particulate matter 

attributable to the increase in emissions from construction or other temporary 

emission-related activities of new 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 of sulfur 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. 

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c. Such temporary emissions are not eligible 

for exclusion if they 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 of the applicable ambient air quality standard. 

d. At the end of the 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 of the 

impairment to visibility, soils and vegetation that would occur as a result of the 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 of the 

air quality impact projected for the area as a result of general commercial, residential, 

industrial and other growth associated with the source or modification. 

(C) The requirements for demonstration of compliance with 

applicable increments of Chapter 6, Section 4(b)(i)(A)(I), the additional analysis 

requirements of Chapter 6, Section 4(b )(i)(B) and the ambient air quality analysis 

requirements of Chapter 6, Section 4(b )(i)(E) shall not apply to a proposed major 

stationary source or modification with respect to a particular pollutant if the 

Administrator determines that: 

(I) The increase in allowable emissions of that pollutant 

from the stationary source or the net emissions increase of that 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 of BACT, the increase in allowable emissions of each 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 of the stationary source or modification 

only for: 

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(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 of the 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 

of ambient 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 of determining whether emissions of that pollutant 

would cause or contribute to a violation of the standard or any maximum allowable 

increase. 

(IV) In general, the required continuous air quality 

monitoring data shall have been gathered over a period of one year immediately 

preceding receipt of the application. The Administrator may provide that the monitoring 

period specification may be reduced to a minimum of four months if he 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 

of this section shall meet the requirements of Appendix B of 40 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 of the pollutant from a 

new stationary source or the net emissions increase of the pollutant from a modification 

would cause, in any area, air quality impacts less than the following amounts: 

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a. Carbon Monoxide - 575 μg/m3

, 8-hour 

average; 

b. Nitrogen Dioxide - 14 μglm3, annual 

average; 

c. PM25 - 4 μg/m3

, 24-hour average; 

d. PM10 - 10 μg/m3 of PM10, 24-hour 

average; 

e. Sulfur Dioxide - 13 μg/m3

, 24-hour 

average; 

f. Ozone (No de minimis air quality level is 

provided for ozone; however, any net emissions increase of 100 tons per year or more of 

volatile organic compounds or nitrogen oxides subject to PSD would be required to 

perform an ambient impact analysis, including the gathering of air quality data.) 

g. Lead - 0.1 μg/m3

, 3-month average; 

h. Fluorides - 0.25 μg/m3

, 24-hour average; 

i. Total Reduced Sulfur - 10 μg/m3

, I-hour 

average; 

j. Hydrogen Sulfide - 0.2 μg/m3

, 1-hour 

average; 

k. Reduced Sulfur Compounds - 10 μg/m3

, 

1-hour average; or 

(2.) The concentrations of the pollutant in the area 

that the source or modification would affect are less than the concentrations listed in 

paragraph (b)(i)(E)(VI)(l.) of this section; or 

(3.) The pollutant is not listed in paragraph 

(b)(i)(E)(VI)(l.) of this section. 

(F) The Administrator may require an applicant subject to the 

provisions of this section to conduct an approved visibility monitoring program in any 

Class I Area which may be impacted by emissions from the proposed stationary source. 

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(G) At such time that a particular source or modification becomes 

a major stationary source or major modification solely by virtue of a relaxation in any 

enforceable limitation which was established after August 7, 1980 on the capacity of the 

source or modification otherwise to emit a pollutant, then all of the provisions of Chapter 

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) of the definition for "Projected actual emissions" for 

calculating projected actual emissions. 

(I) Before beginning actual construction of the project, the 

owner or operator shall document and maintain a record of the following information: 

( 1.) A description of the project; 

(2.) Identification of the emissions unit(s) whose 

emissions of a regulated NSR pollutant could be affected by the project; and 

(3.) A description of the 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) of the definition for "Projected actual 

emissions" in Section 4(a) and an explanation for why such amount was excluded, and 

any netting calculations, if applicable. 

(II) Before beginning actual construction, the owner or 

operator shall provide the information set out in paragraph (b)(i)(H)(l) of this 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 of the project and that is 

emitted by any emissions unit identified in paragraph (b)(i)(H)(l)(2.) of this section; and 

calculate and maintain a record of the annual emissions, in tons per year on a calendar 

year basis, for a period of 5 years following resumption of regular operations after the 

change, or for a period of 10 years following resumption of regular operations after the 

change ifthe project increases the design capacity or potential to emit of that 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 of each year during which records must be 

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generated under paragraph (b)(i)(H)(III) of this section setting out the unit's annual 

emissions during the calendar year that preceded submission of the report. 

(I) The owner or operator of the source shall make the information 

required to be documented and maintained pursuant to paragraph (b)(i)(H) of this 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 if it causes 

two types of emissions 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 if it does not cause 

a significant emissions increase. If the project causes a significant emissions increase, 

then the project is a major modification only if it 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 of the process) 

will occur depends upon the type of emissions units being modified, according to 

paragraphs (b)(i)(J)(III) through (V) of this 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 of the process) is contained in the 

definition for "Net emissions increase" in Section 4(a). Regardless of any such 

preconstruction projections, a major modification results if the 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 if the sum of the 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 of a New Emissions Unit(s). A significant emissions increase of a 

regulated NSR pollutant is projected to occur ifthe sum of the 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 of the project and the baseline actual 

emissions (as defined in paragraph (iii) for the definition of "Baseline actual emissions" 

6-25 
in Section 4(a)) of these 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 

of Emissions Units. A significant emissions increase of a regulated NSR pollutant is 

projected to occur ifthe sum of the emissions increases for each emissions unit, using the 

method specified in paragraphs (b)(i)(J)(III) and (IV) of this section as applicable with 

respect to each emissions unit, for each type of emissions 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 of Best 

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 of each phase of the proposed project. At such time, 

the owner or operator of the applicable stationary source may be required to demonstrate 

the adequacy of any previous determination of best available control technology for the 

stationary source. 

(B) In the case of a 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 of the 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 of innovative control 

technology. 

(II) The Administrator, with the approval of the 

governor(s) of other affected state(s) may approve the employment of a 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 

of continuous 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. 

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(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 of innovative 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 of an 

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 of innovative 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 of control or to protect the 

public health, welfare, or safety. 

(IV) If the source or modification fails to meet the required 

level of continuous emissions reduction within the specified time period or if the 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 of a demonstrated system of control. 

(iii) Temporary particulate matter emissions such as those associated with 

the construction phase of the source shall not be included in the determination on the 

issuance or denial of a required permit and shall not be taken into account when 

6-27 
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 of air quality modeling required under paragraph 

(b)(i) above shall be based on the applicable models, databases, and other requirements 

specified in Appendix W of 40 CFR part 51 (Guideline on Air Quality Models). Where 

an air quality model specified in Appendix W of 40 CFR part 51 (Guideline on Air 

Quality Models) is inappropriate, the model may be modified or another model 

substituted. Such a modification or substitution of a model may be made on a case-bycase basis or, where appropriate, on a generic basis for a specific State of Wyoming 

program. Written approval of the EPA Administrator must be obtained for any 

modification or substitution. In addition, use of a 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 of any lands within a Class I Area, or the Administrator of EPA or the 

governor of an 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 of such source 

demonstrates to the satisfaction of the Administrator that emissions of particulate 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) 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) of these regulations, an analysis of the impact of the emissions 

on visibility in a Federal Class I Area, the Division must consider such analysis in making 

its proposed decision. If the 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 of Chapter 6, Section 2(m), explain his decision or give 

notice as to where the explanation can be obtained. 

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(vii) In any case where the owner or operator of such source demonstrates 

to the satisfaction of the 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 of a 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 of sulfur oxides, particulate matter, and nitrogen oxides from 

such source, will not cause or contribute to concentrations of such pollutant which 

exceeds the following maximum allowable increases over the baseline concentration for 

such pollutants: 

Particulate matter: 

PM25, annual arithmetic mean 

PM25, 24-hr maximum 

PM10, annual arithmetic mean 

PM10, 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 of a proposed major 

stationary source or major modification who has been denied a certification under 

subparagraph (vii) demonstrates to the satisfaction of the Governor of Wyoming 

(hereinafter the Governor), after notice and public hearing, and the Governor finds, that 

the source cannot be constructed by reason of any maximum allowable increases for 

sulfur dioxide for periods of twenty-four hours or less applicable to any Class I Area and, 

in the case of federal Mandatory Class I Areas, that a variance under this clause will not 

adversely affect the air quality related values of the area (including visibility), the 

Governor, after consideration of the Federal Land Manager's recommendation (if any) 

and subject to his concurrence, may grant a variance from such maximum allowable 

increase. If a variance is granted, a permit may be issued to such source pursuant to the 

requirements of this subparagraph provided other requirements of this section are met. 

(B) In the case of a permit issued pursuant to subparagraph 

(ix)(A), such source shall comply with such emission limitations under such permit as 

6-29 
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 of exposure of 24 

hours or less on more than 18 days during any annual period. 

Period of exposure: 

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 of this 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 of operation 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 of each 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 of each action taken by the 

Division on such application. 

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(xii) [Reserved.] 

(xiii) [Reserved.] 

(xiv) [Reserved.] 

(xv) Actuals Plantwide Applicability Limitations (PALs). 

(A) Applicability. 

(I) The Division may approve the use of an actuals PAL for 

any existing major stationary source ifthe PAL meets the requirements in paragraphs 

(b)(xv)(A) through (0) of this section. The term "PAL" shall mean "actuals PAL" 

throughout paragraph (b)(xv) of this section. 

(II) Any physical change in or change in the method of 

operation of a major stationary source that maintains its total source-wide emissions 

below the PAL level, meets the requirements in paragraphs (b)(xv)(A) through (0) of this 

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) of this section (restrictions on relaxing enforceable emission limitations that the 

major stationary source used to avoid applicability of Chapter 6, Section 4). 

(III) Except as provided under paragraph (b)(xv)(A)(II)(3.) 

of this section, a major stationary source shall continue to comply with all applicable 

Federal or State of Wyoming requirements, emission limitations, and work practice 

requirements that were established prior to the effective date of the PAL. 

(B) Definitions. The following definitions shall be used for 

actuals PALs consistent with paragraphs (b)(xv)(A) through (0) of this 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)) of all 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) of this 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 of the 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 of major stationary source in section 

182(c) of the 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 of issuance of the 

PAL permit; however, the PAL effective date for an increased PAL is the date any 

emissions unit that is part of the PAL major modification becomes operational and begins 

to emit the PAL pollutant. 

"PAL effective period" 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" of Section 4( a), any physical 

change in or change in the method of operation of the PAL source that causes it to emit 

the PAL pollutant at a level equal to or greater than the PAL. 

"PAL permit" means the Chapter 6, Section 2 or Section 4 permit 

issued by the Division that establishes a PAL for a major stationary source. 

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"PAL pollutant" 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) of this 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" of this 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 of a permit 

application requesting a PAL, the owner or operator of a major stationary source shall 

submit the following information in paragraphs (b)(xv)(C)(l) through (ill) of this section 

to the Division for approval. 

(I) A List of All Emissions Units at the Source Designated 

as Small, Significant or Major Based on Their Potential to Emit. In addition, the owner 

or operator of the source shall indicate which, if any, Federal or State of Wyoming 

applicable requirements, emission limitations, or work practices apply to each unit. 

(II) Calculations of the Baseline Actual Emissions (With 

Supporting Documentation). Baseline actual emissions are to include emissions 

associated not only with operation of the 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) of this section. 

(D) General Requirements For Establishing PALs. 

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(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.) of this 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 of establishing a PAL, the major stationary source owner or operator shall show 

that the sum of the 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 of the 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) of this section. 

(3 .) The PAL permit shall contain all the 

requirements of paragraph (b)(xv)(G) of this 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 of only one 

pollutant. 

(6.) Each PAL shall have a PAL effective period of 

10 years. 

(7.) The owner or operator of the major stationary 

source with a PAL shall comply with the monitoring, recordkeeping, and reporting 

requirements provided in paragraphs (b)(xv)(L) through (N) of this 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 of a PAL pollutant that occur during the PAL effective period 

creditable as decreases for purposes of offsets under 40 CFR part 51. l 65(a)(3)(ii) unless 

the level of the PAL is reduced by the amount of such emissions reductions and such 

reductions would be creditable in the absence of the PAL. 

(E) Public Participation Requirements For PALs. PALs for 

existing major stationary sources shall be established, renewed, or increased, through a 

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procedure that is consistent with Chapter 6, Section 2. This includes the requirement that 

the Division provide the public with notice of the proposed approval of a PAL permit and 

at least a 30-day period for submittal of public comment. The Division must address all 

material comments before taking final action on the permit. 

(F) Setting the 10-Y ear Actuals PAL Level. 

(I) Except as provided in paragraph (b)(xv)(F)(II) of this 

section, the actuals PAL level for a major stationary source shall be established as the 

sum of the baseline actual emissions (as defined in the definition for "Baseline actual 

emissions" in Section 4(a)) of the 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) of any applicable Federal or State of Wyoming regulatory 

requirement(s) that the Division is aware of prior to issuance of the PAL permit. For 

instance, if the source owner or operator will be required to reduce emissions from 

industrial boilers in half from baseline emissions of 60 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 half of the original baseline emissions of such 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 of adding the baseline actual emissions as specified in paragraph 

(b)(xv)(F)(I) of this section, the emissions must be added to the PAL level in an amount 

equal to the potential to emit of the units. 

(G) Contents of the PAL Permit. The PAL permit shall contain, at 

a minimum, the information in paragraphs (b)(xv)(G)(I) through (X) of this 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 

of the PAL (PAL effective period). 

(III) Specification in the PAL permit that if a major 

stationary source owner or operator applies to renew a PAL in accordance with paragraph 

(b)(xv)(J) of this section before the end of the PAL effective period, then the PAL shall 

6-35 
not expire at the end of the 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 of paragraph (b)(xv)(I) of this 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) of this 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) of this section. 

(VIII) A requirement to retain the records required under 

paragraph (b)(xv)(M) of this 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) of this 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 of the PAL Permit. 

(I) PAL Effective Period. The PAL effective period shall 

be 10 years. 

(II) Reopening of the 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 of emissions used to 

establish the PAL; 

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b. Reduce the PAL ifthe owner or operator 

of the 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) of this 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 if the 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. of this section for the correction of typographical/calculation errors 

that do not increase the PAL level, all reopenings shall be carried out in accordance with 

the public participation requirements of paragraph (b)(xv)(E) of this section. 

(I) Expiration of a PAL. Any PAL that is not renewed in 

accordance with the procedures in paragraph (b)(xv)(J) of this section shall expire at the 

end of the PAL effective period, and the requirements in paragraphs (b)(xv)(I)(I) through 

(V) of this section shall apply. 

(I) Each emissions unit (or each group of emissions 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.) of this section. 

(1.) Within the time frame specified for PAL 

renewals in paragraph (b)(xv)(J)(II) of this section, the major stationary source shall 

submit a proposed allowable emission limitation for each emissions unit (or each group 

of emissions units, if such 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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of the emissions units that existed under the PAL. If the 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) of this 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 of emissions 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 of emissions units, 

as required under paragraph (b)(xv)(I)(I)(2.) of this section, the source shall continue to 

comply with a source-wide, multi-unit emissions cap equivalent to the level of the 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 if such 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 of Wyoming 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) of this section, but were eliminated by the 

PAL in accordance with the provisions in paragraph (b)(xv)(A)(II)(3.) of this section. 

(J) Renewal of a PAL. 

(I) The Division shall follow the procedures specified in 

paragraph (b)(xv)(E) of this 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 of a 

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

6-38 
earlier than 18 months from, the date of permit expiration. This deadline for application 

submittal is to ensure that the permit will not expire before the permit is renewed. If the 

owner or operator of a 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.) of this section. 

( 1.) The information required in paragraphs 

(b)(xv)(C)(I) through (III) of this section. 

(2.) A proposed PAL level. 

(3.) The sum of the potential to emit of all 

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.) of this section; however, in no case may any such adjustment 

fail to comply with paragraph (b)(xv)(J)(IV)(3.) of this section. 

(1.) If the emissions level calculated in accordance 

with paragraph (b)(xv)(F) of this section is equal to or greater than 80 percent of the 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.) of this section; or 

(2.) The Division may set the PAL at a level that it 

determines to be more representative of the 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.) of this section: 

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a. If the potential to emit of the major 

stationary source is less than the PAL, the Division shall adjust the PAL to a level no 

greater than the potential to emit of the 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 of paragraph (b)(xv)(K) of this section (increasing a PAL). 

(V) If the compliance date for a State of Wyoming or 

Federal requirement that applies to the PAL source occurs during the PAL effective 

period, and if the Division has not already adjusted for such requirement, the PAL shall 

be adjusted at the time of PAL 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.) of this section. 

(1.) The owner or operator of the 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 of this application, the major stationary 

source owner or operator shall demonstrate that the sum of the baseline actual emissions 

of the small emissions units, plus the sum of the baseline actual emissions of the 

significant and major emissions units assuming application of BACT equivalent controls, 

plus the sum of the allowable emissions of the new or modified emissions unit(s), 

exceeds the PAL. The level of control 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 of BACT 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.) of this 

section, regardless of the magnitude of the emissions increase resulting from them (that 

is, no significant levels apply). These emissions unit(s) shall comply with any emissions 

6-40 
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 of the PAL major 

modification becomes operational and begins to emit the PAL pollutant. 

(II) The Division shall calculate the new PAL as the sum 

of the allowable emissions for each modified or new emissions unit, plus the sum of the 

baseline actual emissions of the significant and major emissions units (assuming 

application of BACT equivalent controls as determined in accordance with paragraph 

(b)(xv)(K.)(1)(2.) of this section), plus the sum of the baseline actual emissions of the 

small emissions units. 

(III) The PAL permit shall be revised to reflect the 

increased PAL level pursuant to the public notice requirements of paragraph (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 of mass per unit of time. 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 of the four general monitoring approaches meeting the minimum requirements 

set forth in paragraphs (b)(xv)(L)(II)(l.) through (4.) of this 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.) of this section if approved by the Division. 

(4.) Failure to use a monitoring system that meets 

the requirements of this section renders the PAL invalid. 

(II) Minimum Performance Requirements For Approved 

Monitoring Approaches. The following are acceptable general monitoring approaches 

6-41 
when conducted in accordance with the minimum requirements in paragraphs 

(b)(xv)(L)(Ill) through (IX) of this 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 of validating the 

published content of the 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 of the 

PAL pollutant that is contained in or created by any raw material or fuel used in or at the 

emissions unit, if it cannot otherwise be accounted for in the process; and 

(3 .) Where the vendor of a material or fuel, which 

is used in or at the emissions unit, publishes a range of pollutant content from such 

material, the owner or operator must use the highest value of the 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 of operation of the 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 of uncertainty or limitations in the factors' 

development; 

(2.) The emissions unit shall operate within the 

designated range of use for the emission factor, if applicable; and 

(3.) If technically practicable, the owner or operator 

of a 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 of PAL 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 of time 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) of this section, where an owner or operator of an emissions 

unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL 

pollutant emissions rate at all operating points of the emissions unit, the Division shall, at 

the time of permit 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 of the emissions unit 

during operating conditions when there is no correlation between monitored parameter(s) 

and the PAL pollutant emissions is a violation of the 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 of the PAL. 

(M) Recordkeeping Requirements. 

(I) The PAL permit shall require an owner or operator to 

retain a copy of all records necessary to determine compliance with any requirement of 

paragraph (b)(xv) of this section and of the PAL, including a determination of each 

emissions unit's 12-month rolling total emissions, for 5 years from the date of such 

record. 

(II) The PAL permit shall require an owner or operator to 

retain a copy of the following records, for the duration of the PAL effective period plus 5 

years: 

(1.) A copy of the PAL permit application and any 

applications for revisions to the PAL; and 

(2.) Each annual certification of compliance 

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) of this section. 

(I) Semi-annual Report. The semi-annual report shall be 

submitted to the Division within 30 days of the end of each reporting period. This report 

shall contain the information required in paragraphs (b)(xv)(N)(I)(l.) through (7.) of this 

section. 

( 1.) The identification of owner 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) of this 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 of any emissions units modified or added 

to the major stationary source during the preceding 6-month period. 

(5.) The number, duration, and cause of any 

deviations or monitoring malfunctions (other than the time associated with zero and span 

calibration checks), and any corrective action taken. 

(6.) A notification of a shutdown of any 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 of the emissions of the pollutant or the 

number determined by method included in the permit, as provided by paragraph 

(b)(xv)(L)(VII) of this 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 of the information provided in the report. 

(II) Deviation Report. The major stationary source owner 

or operator shall promptly submit reports of any deviations or exceedance of the 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 of owner 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 of the information provided in the report. 

6-45 
{III) Re-validation Results. The owner or operator shall 

submit to the Division the results of any re-validation test or method within three months 

after completion of such 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) of this 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 of approval of this regulation by the Administrator of EPA 

with a PAL that complies with the requirements of paragraphs (b)(xv)(A) through (0) of 

this section. 

(xvi) If any provision of this section, or the application of such provision 

to any person or circumstance, is held invalid, the remainder of this section, or the 

application of such 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 of the 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 of Chapter 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 of the 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 of the 

6-46 
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 PM10 in 

paragraphs (b)(i)(E)(I) through (IV) of this section, effective February 13, 1989, shall not 

apply to a particular source or modification, if the owner or operator of the 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 PM10 in 

paragraphs (b)(i)(E)(IV) through (b)(i)(E)(V) of this section, effective February 13, 1989, 

shall apply to a particular source or modification if the owner or operator of the 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) of this section, 

except that the Administrator may provide that the monitoring period specification may 

be reduced to a minimum of four months if he 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 of paragraphs (b )(i)(E)(III) and (b )(i)(E)(IV) pertaining to 

PM10, 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 of four 

months if he is satisfied that a complete and adequate analysis can be accomplished with 

monitoring data gathered over that shorter period of time. 

(G) With respect to any requirements for air quality monitoring of 

PM10 specified under paragraphs (b)(xvii)(D) and (b)(xvii)(E) of this section, effective 

February 13, 1989, the owner or operator of the source or modification shall use a 

monitoring method approved by the Administrator and shall estimate the ambient 

concentrations of PM10 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 

6-47 
February 8, 1988, ifthe owner or operator of the 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 PM10 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 of the source or modification submits an application for a permit under 

these regulations on or before the effective date of this 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 of Deterioration - μg/m3 

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 of January 25, 1979, shall be designated Class I and may not be 

redesignated. All other areas of the State of Wyoming shall be designated Class II as of 

the effective date of this regulation. 

( d) Redesignation. All redesignation of areas within the State of Wyoming shall 

be accomplished through the process of establishment of Standards 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 of this regulation. 

6-48 
(ii) Except as provided in paragraph (c) above, any area may be 

redesignated as Class I or II, with the approval of the Administrator of the Environmental 

Protection Agency, in accordance with the provisions of paragraph (iii) below; provided, 

however, that lands within the exterior boundaries of reservations of federally 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 of regulations 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 of the health, environmental, economic, social and energy effects of the 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 of the U.S. EPA. The notice of the public hearing shall contain appropriate 

notification of the availability of the description and analysis of the 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 of local and other 

substate general purpose governments in the area covered by the redesignation. 

(E) Prior to public notice of the 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 of 60 days) to confer with the State 

respecting the intended notice of designation. The Federal Land Manager shall be offered 

the opportunity to submit written comments and recommendations with respect to such 

intended notice of redesignation. In redesignating any area with respect to which the 

federal land manager has submitted written comments and recommendations, the 

Division will publish a list of any inconsistency between such redesignation and such 

recommendation with an explanation of such inconsistency (together with the reasons for 

making such redesignation against the recommendation of the 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) If an 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 of the 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's judgment, the proposed 

source would not violate the applicable increments of the proposed redesignation. Such 

approval shall be withheld only so long as in the Administrator's judgment, the petitioner 

is expeditiously proceeding toward development of the "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 of the 

filing of the 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 of a petition for 

redesignation of an 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 of an area which existed at the time of permit application. 

For purposes of establishing 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's judgment, 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 of Chapter 6, Section 2, 

and provided that such other information and data is submitted to, and judged to be 

complete by the Administrator within 18 months of the filing of the initial permit 

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

deadline. 

Section 14. Incorporation by reference. 

(a) Code of Federal Regulations (CFR). All Code of Federal Regulations (CFRs) 

cited in this chapter, including their Appendices, revised and published as of July 1, 2010, 

not including any later amendments, are incorporated by reference. Copies of the Code of 

Federal Regulations are available for public inspection and copies can be obtained at cost 

from the Department of Environmental Quality, Division of Air Quality, 122 W. 25th 

Street, Cheyenne, Wyoming 82002. Copies of the 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 of significant deterioration. 

(a) Definitions. For purposes of this section: 

"Actual emissions" means the actual rate of emissions of a regulated NSR 

pollutant from an emissions unit, as determined in accordance with paragraphs (i) through 

(iii) of this 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) of this section. Instead, the definitions for "Projected actual emissions" and 

"Baseline actual emissions" of this section shall apply for those purposes. 

(i) In general, actual emissions as of a 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 of normal source operation. The Division shall allow the use of a different 

time period upon a determination that it is more representative of normal source 

operation. Actual emissions shall be calculated using the unit's actual operating hours, 

production rates, and types of materials 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 of the unit. 

(iii) For any emissions unit that has not begun normal operations on the 

particular date, actual emissions shall equal the potential to emit of the unit on that date. 

"Administrator" means Administrator of the Division of Air Quality, Wyoming 

Department of Environmental Quality. 

''Allowable emissions" means the emission rate of a stationary source calculated 

using the maximum rated capacity of the source (unless the source is subject to 

enforceable permit conditions which limit the operating rate or hours of operation, or 

both) and the most stringent of the 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 

6-1 
Draft 1113112 

standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the 

State of Wyoming. 

(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 of emissions, in tons per year, of a 

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 of the project. The Division shall allow the use of a different time period 

upon a determination that it is more representative of normal 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) of this 

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 of the 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 
Draft 1113112 

(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, if an 

emission limitation is part of a maximum achievable control technology standard that the 

EPA Administrator proposed or promulgated under 40 CFR 63, the baseline actual 

emissions need only be adjusted if the Division has taken credit for such emissions 

reductions in an attainment demonstration or maintenance plan consistent with the 

requirements of 40 CFR 5 l .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 if required by paragraphs (ii)(B) and (C) of 

this definition. 

(iii) For a new emissions unit, the baseline actual emissions for purposes 

of determining 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) of this definition, for other existing emissions units 

in accordance with the procedures contained in paragraph (ii) of this definition, and for a 

new emissions unit in accordance with the procedures contained in paragraph (iii) of this 

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 

6-3 
0 

't- Draft 1113112! 

follows: Equal to or greater than 1 μg/m3 (annual average) of the 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 of the 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 of the 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 of Section 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, NYi, NYiSW\l.i, NYiSE\l.i Section 24 T47N, R71 W, Campbell County, Wyoming. 

(E) The remainder of the State of Wyoming. 

(ii) Any baseline area established originally for the TSP increments shall 

remain in effect and shall apply for purposes of determining the amount of available PM10 

increments. 

"Baseline concentration" means that ambient concentration level which exists in 

the baseline area at the time of the 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) of this definition; 

(ii) The allowable emissions of major 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 
Draft 1113112 

(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 of the 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 of physical on-site 

construction activities on an emissions unit which are of a permanent nature. Such 

activities include, but are not limited to, installation of building supports and foundations, 

laying of underground pipework, and construction of permanent storage structures. With 

respect to a change in method of operation this term refers to those onsite activities, other 

than preparatory activities, which mark the initiation of the change. 

"Best available control technology" means an emission limitation (including a 

visible emission standard) based on the maximum degree of reduction of each 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. If the Administrator determines that technological or economic limitations on 

the application of measurement methodology to a particular emissions unit would make 

the imposition of an emission standard infeasible, he may instead prescribe a design, 

equipment, work practice or operational standard or combination thereof to satisfy the 

requirement of Best 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 of BACT shall not result in emissions in excess 

of those allowed under Chapter 5, Section 2 or Section 3 of these regulations and any 

6-5 
Draft 1113112 

other new source performance standard or national emission standards for hazardous air 

pollutants promulgated by the EPA but not yet adopted by the State of Wyoming. 

"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 of sulfur dioxide or oxides of 

nitrogen associated with the utilization of coal in the generation of electricity, or process 

steam which was not in widespread use as of November 15, 1990. 

"Clean coal technology demonstration project" means a project using funds 

appropriated under the heading "Department of Energy-Clean Coal Technology'', up to a 

total amount of $2,500,000,000 for commercial demonstration of clean 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 of a 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 of actual on-site construction of the 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 of construction of the 

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 of permit processing does not preclude the Division 

from requesting or accepting any additional information. 

"Construction" means any physical change or change in the method of operation 

(including fabrication, erection, installation, demolition, or modification of an emissions 

unit) which would result in a change in emissions. 

"Continuous emissions monitoring system (CEMS)" means all of the equipment 

that may be required to meet the data acquisition and availability requirements of this 

section, to sample, condition (if applicable), analyze, and provide a record of emissions 

on a continuous basis. 

"Continuous emissions rate monitoring system (CERMS)" means the total 

equipment required for the determination and recording of the pollutant mass emissions 

rate (in terms of mass per unit of time). 

"Continuous parameter monitoring system (CPMS)" means all of the equipment 

necessary to meet the data acquisition and availability requirements of this section, to 

6-6 
Draft 1113112 

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 of supplying more than one-third of its 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 of providing 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 of the affected facility. 

"Emissions unit" means any part of a 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 of this section, there are two types 

of emissions units as described in paragraphs (i) and (ii) of this 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) of this definition. 

"Enforceable" means all limitations and conditions which are enforceable under 

provisions of the Wyoming Environmental Quality Act and/or are federally enforceable 

by the Administrator of the 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 Land Manager" means, with respect to any lands in the United States, 

the Secretary of the 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 of the stack of a source. 

"Indian Governing Body" means the governing body of any tribe, band, or group 

of Indians subject to the jurisdiction of the United States and recognized by the United 

States as possessing power of self-Government. 

6-7 
Draft 1113112 

"Indian Reservation" means any federally recognized reservation established by 

treaty, agreement, executive order, or act of Congress. 

"Innovative control technology" means any system of air pollution control that 

has not been adequately demonstrated in practice, but would have a substantial likelihood 

of achieving greater continuous emissions reduction than any control system in current 

practice or of achieving at least comparable reductions at lower cost in terms of energy, 

economics, or non air quality environmental impacts. 

"Lowest achievable emission rate (LAER)" means, for any source, the more 

stringent rate of emissions based on the following: 

(i) The most stringent emissions limitation which is contained in the 

implementation plan of any State for such class or category of stationary source, unless 

the owner or operator of the 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 of stationary 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 of the 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 of performance. 

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

"Major modification" means any physical change in or change in the method of 

operation of a major stationary source that would result in: a significant emissions 

increase (as defined in the definition for "Significant emissions increase" in this section) 

of a regulated NSR pollutant (as defined in the definition for "Regulated NSR pollutant" 

in this section); and a significant net emissions increase of that 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 of operation shall not 

include: 

(A) Routine maintenance, repair and replacement. 

6-8 
Draft 1113112 

(B) Use of an alternative fuel by reason of an order under section 

125 of the Federal Clean Air Act; 

(C) An increase in the hours of operation or in the production rate, 

if such increase does not exceed the operating design capacity of the major stationary 

source unless such change would be prohibited by, or inconsistent with, an enforceable 

permit issued by the Division; 

(D) Use of an alternative fuel or raw material by reason of an order 

in effect under sections 2(a) and (b) of the Energy Supply and Environmental 

Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas 

curtailment plan in effect pursuant to the Federal Power Act; 

(E) Use of an alternative fuel or raw material, if prior to January 6, 

1975, the source was capable of accommodating 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 of the stationary source; 

(G) The use of municipal solid waste as an alternative fuel at a 

steam generating plant; 

(H) The installation, operation, cessation or removal of a 

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 of a permanent clean coal 

technology demonstration project that constitutes repowering, provided that the project 

does not result in an increase in the potential to emit of any regulated pollutant emitted by 

the unit. This exemption shall apply on a pollutant-by-pollutant basis. 

(J) The reactivation of a 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) of this section for a PAL for that pollutant. Instead, the 

6-9 
Draft 1113112 

definition in paragraph (b )(xv)(B) for "PAL major modification" of this section shall 

apply. 

"Major source baseline date" means: 

1975; and 

(i) In the case of partieulate matter PMlQ and sulfur dioxide, January 6, 

(ii) In the case of nitrogen dioxide, February 8, 1988. 

o( 

(jjj) In the case of PM2 5• October 20. 2010. 

j 

"Major stationary source" means (a) any of the following stationary sources of 

air pollutants which emit, or have the potential to emit, one hundred tons per year or more 

of any 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 of charging 

more than two hundred and fifty tons of refuse 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) of more 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 of any 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 if the 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. 

partieulate 

"Minor 

matter 

source 

fMi.o 

baseline 

and sulfur 

date" 

dioxide

means 

, 

o~ and 

the 

after 

earliest 

February 

date after 

8, 1988 

August 

for nitrogen 

7, 1977 for ~ 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. 

6-10 
Draft 1113112 

(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 of the State of Wyoming- 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 of its complete application; and 

(B) In the case of a major stationary source, the pollutant would be 

emitted in significant amounts, or in the case of a major modification, there would be a 

significant net emissions increase of the 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 of determining the amount 

of available PM10 increments. 

"Net emissions increase" means, with respect to any regulated NSR pollutant 

emitted by a major stationary source, the amount by which the sum of the following 

exceeds zero: 

6-11 
Draft 1113112 

(i) The increase in emissions from a particular physical change or change 

in the method of operation at a stationary source as calculated pursuant to paragraph 

(b)(i)(J) of this 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) of the 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 if it 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 of sulfur dioxide, 

particulate matter, or nitrogen oxides that occurs before the applicable minor source 

baseline date is creditable only if it is required to be considered in calculating the amount 

of maximum allowable increases remaining available. 

(vi) An increase in actual emissions is creditable only to the extent that 

the new level of actual emissions exceeds the old level. 

(vii) A decrease in actual emissions is creditable only to the extent that: 

(A) The old level of actual emissions or the old level of allowable 

emissions, whichever is lower, exceeds the new level of actual 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 
Draft 1113112 

(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" of this section, shall not apply 

for determining creditable increases and decreases. 

"Potential to emit" means the maximum capacity of a stationary source to emit a 

pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a pollutant, including air pollution control 

equipment and restrictions on hours of operation or the type or amount of material 

combusted, stored, or processed, shall be treated as part of its design ifthe limitation or 

the affect it would have on emissions is enforceable. Secondary emissions do not count 

in determining the potential to emit of a stationary source. 

"Predictive emissions monitoring system (PEMS)" means all of the 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 of operation 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 of the 5 years (12-month period) following the date the unit resumes regular 

operation after the project, or in any one of the 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 of the 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 of this 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 of business activity, the 

company's filings with the State or Federal regulatory authorities, and compliance plans 

approved by the Division; 

6-13 
Draft 1113112 

(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 of the 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" of this section and that are also unrelated to the particular project, 

including any increased utilization due to product demand growth; or, 

(D) In lieu of using the method set out in paragraphs (i)(A) 

through (C) of this 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" of this section. 

"Reactivation of a very clean coal-fired electric utility steam generating unit" 

means any physical change or change in the method of operation associated with the 

commencement of commercial 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 of the Clean Air Act Amendments of 1990, and the emissions from such unit 

continue to be carried in the State of Wyoming'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 of no 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 of operations following reactivation; and 

(iv) Is otherwise in compliance with the requirements of the Clean Air 

Act. 

"Regulated NSR pollutant'', for purposes of this 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 

of NSR are the following: 

(A) Volatile organic compounds and nitrogen oxides are 

precursors to ozone in all attainment and unclassifiable areas. 

6-14 
Draft 1113112 

(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 of nitrogen 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 of volatile 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 of the Federal Clean Air Act; 

(iii) Any Class I or Il substance subject to a standard promulgated under 

or established by Title VI of the 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 

of the Federal Clean Air Act or added to the list pursuant to section 112(b)(2) of the 

Federal Clean Air Act, which have not been delisted pursuant to section 112(b)(3) of the 

Federal Clean Air Act, are not regulated NSR pollutants unless the listed hazardous air 

pollutant is also regulated as a constituent or precursor of a general pollutant listed under 

section 108 of the Federal Clean Air Act. 

(v) [Reserved.] 

(vi) Particulate matter (PM) emissions, PM2.5 emissions, and PM10 

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 PM10 in PSD permits. 

Compliance with emissions limitations for PM, PM25 and PM10 issued prior to this date 

shall not be based on condensable particulate matter unless required by the terms and 

conditions of the 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 of this section unless the applicable 

implementation plan required condensable particulate matter to be included. 

6-15 
Draft 1113112 

"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 of an 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 5 l. l 66(y)(2)) of the 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. If the replaced emissions unit is 

brought back into operation, it shall constitute a new emissions unit. 

"Repowering" means replacement of an existing coal-fired boiler with one of the 

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 of Energy, a derivative of one or more of these 

technologies, and any other technology capable of controlling multiple combustion 

emissions simultaneously with improved boiler or generation efficiency and with 

significantly greater waste reduction relative to the performance of technology in 

widespread commercial use as of November 15, 1990. 

(i) Repowering shall also include any oil and/or gas-fired unit which has 

been awarded clean coal technology demonstration funding as of January l, 1991, by the 

Department of Energy. 

(ii) The Administrator shall give expedited consideration to permit 

applications for any source that satisfies the requirements of this subsection and is granted 

an extension under section 409 of the Clean Air Act. 

"Secondary emissions" means emissions which occur as a result of the 

construction or operation of a 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 of the 

construction or modification of the major stationary source or major modification. 

6-16 
Draft 1113112 

Secondary emissions do not include any emissions which come directly from a mobile 

source, such as emissions from the tailpipe of a motor vehicle or from a train. 

"Significant" means: 

(i) In reference to a net emissions increase or the potential of a source to 

emit any of the following pollutants, a rate of emissions that would equal or exceed any 

of the following rates: 

POLLUTANT AND EMISSIONS RA TE 

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 of particulate matter 

emissions; 15 tpy of PM10 emissions 

10 tpy of direct PM25 emissions; 

40 tpy of sulfur dioxide emissions; 

40 tpy of nitrogen oxide emissions 

unless demonstrated not to be a 

PM2.5 precursor under the definition 

of "Regulated NSR pollutant" in 

Section 4(a) of this chapter 

40 tpy of volatile 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) 

6-17 
Municipal 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 of a 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 l 0 kilometers of a Class I Area, and 

have an impact on such area equal to or greater than l μg/m3 (24-hour average). 

"Significant emissions increase" means, for a regulated NSR pollutant, an 

increase in emissions that is significant (as defined in paragraph (i) of the 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 of the same 

person (or persons under common control) except the activities of any vessel. Pollutantemitting activities shall be considered as part of the same industrial grouping if they 

belong to the same Major Group (i.e., which have the same two-digit code) as described 

in the Standard Industrial 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 demonstration project" means a clean coal 

technology demonstration project that is operated for a period of 5 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 of an existing stationary source shall be subject to the conditions 

outlined below. 

6-18 
Draft 1113112 

(i) (A) (I) The review of the stationary source for the construction 

or modification permit(s) required under Chapter 6, Section 2 of these regulations shall 

apply and shall be expanded so as to include analysis of the predicted impact of the 

allowable and secondary emissions from the stationary source on the ambient air quality 

in areas affected by such emissions. An analysis of the predicted impact of emissions 

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 of other pollutants may be 

required by the Administrator. Such analysis shall identify and quantify the impact on the 

air quality in the area of all 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 of this 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 of application is not required. A permit to construct pursuant to Chapter 6, 

Section 2 shall be issued only ifthe conditions of Chapter 6, Section 2 are complied with 

and ifthe predicted impact (over and above the baseline concentration) of emissions 

defined above is less than the maximum allowable increment shown in Table 1 for the 

classification of the area in which the impact is predicted, and ifthe ambient standard for 

the pollutant(s) is not exceeded. 

Table 1 

Maximum Allowable Increments of Deterioration - μg/m3 

Pollutant 

Particulate Matter: 

PM2 5• annual arithmetic mean 

PM2 5. 24-hr max.imum 

PM10, annual arithmetic mean 

PM10, 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 of PM2 5• the demonstration 

required in paragraph (b)(j)(A)<n of this section is deemed to have been made jfthe 

6-19 
Table 2 

PM2 s Significant Impact Levels 

(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 of petroleum 

products, natural gas, or both by reason of an 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 of such 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 of natural 

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 of particulate matter 

attributable to the increase in emissions from construction or other temporary 

emission-related activities of new 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 of sulfur 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. 

6-20 
Draft 1113112 

c. Such temporary emissions are not eligible 

for exclusion if they 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 of the applicable ambient air quality standard. 

d. At the end of the 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 of the 

impairment to visibility, soils and vegetation that would occur as a result of the 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 of the 

air quality impact projected for the area as a result of general commercial, residential, 

industrial and other growth associated with the source or modification. 

(C) The requirements for demonstration of compliance with 

applicable increments of Chapter 6, Section 4(b)(i)(A)(I), the additional analysis 

requirements of Chapter 6, Section 4(b)(i)(B) and the ambient air quality analysis 

requirements of Chapter 6, Section 4(b )(i)(E) shall not apply to a proposed major 

stationary source or modification with respect to a particular pollutant if the 

Administrator determines that: 

(I) The increase in allowable emissions of that pollutant 

from the stationary source or the net emissions increase of that 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 of BACT, the increase in allowable emissions of each 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 of the stationary source or modification 

only for: 

6-21 
Draft 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 of the 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 

of ambient 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 of determining whether emissions of that pollutant 

would cause or contribute to a violation of the standard or any maximum allowable 

increase. 

(IV) In general, the required continuous air quality 

monitoring data shall have been gathered over a period of one year immediately 

preceding receipt of the application. The Administrator may provide that the monitoring 

period specification may be reduced to a minimum of four months if he 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 

of this section shall meet the requirements of Appendix B of 40 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 of the pollutant from a 

new stationary source or the net emissions increase of the pollutant from a modification 

would cause, in any area, air quality impacts less than the following amounts: 

6-22 
Draft 1113112 

a. Carbon Monoxide - 575 μg/m3

, 8-hour 

average; 

b. Nitrogen Dioxide - 14 μg/m3

, annual 

average; 

c. PM12 - 4 ug/m3

, 24-hour average: 

eg. Particulate Matter PM12 - 10 μg/m3 of 

PM10, 24-hour average; 

~- Sulfur Dioxide - 13 μg/m3

, 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 of air quality data.) 

gh. Fluorides - 0.25 μg/m3

, 24-hour 

average; 

hi. Total Reduced Sulfur - 10 μg/m3

, I-hour 

average; 

ij. Hydrogen Sulfide - 0.2 μg/m3

, 1-hour 

average; 

jk. Reduced Sulfur Compounds - 10 μg/m3

, 

I-hour average; or 

(2.) The concentrations of the pollutant in the area 

that the source or modification would affect are less than the concentrations listed in 

paragraph (b)(i)(E)(VI)(l.) of this section; or 

(3.) The pollutant is not listed in paragraph 

(b)(i)(E)(VI)(l.) of this section. 

(F) The Administrator may require an applicant subject to the 

provisions of this 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 
Draft 1113112 

(G) At such time that a particular source or modification becomes 

a major stationary source or major modification solely by virtue of a relaxation in any 

enforceable limitation which was established after August 7, 1980 on the capacity of the 

source or modification otherwise to emit a pollutant, then all of the provisions of Chapter 

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) of the definition for "Projected actual emissions" for 

calculating projected actual emissions. 

(I) Before beginning actual construction of the project, the 

owner or operator shall document and maintain a record of the following information: 

( 1.) A description of the project; 

(2.) Identification of the emissions unit(s) whose 

emissions of a regulated NSR pollutant could be affected by the project; and 

(3.) A description of the 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) of the definition for "Projected actual 

emissions" in Section 4(a) and an explanation for why such amount was excluded, and 

any netting calculations, if applicable. 

(II) Before beginning actual construction, the owner or 

operator shall provide the information set out in paragraph (b)(i)(H)(I) of this 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 of the project and that is 

emitted by any emissions unit identified in paragraph (b)(i)(H)(l)(2.) of this section; and 

calculate and maintain a record of the annual emissions, in tons per year on a calendar 

year basis, for a period of 5 years following resumption of regular operations after the 

change, or for a period of 10 years following resumption ofregular operations after the 

change if the project increases the design capacity or potential to emit of that 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 of each year during which records must be 

6-24 
Draft 1113112 

generated under paragraph (b)(i)(H)(III) of this section setting out the unit's annual 

emissions during the calendar year that preceded submission of the report. 

(I) The owner or operator of the source shall make the information 

required to be documented and maintained pursuant to paragraph (b)(i)(H) of this 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 if it causes 

two types of emissions 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 if it does not cause 

a significant emissions increase. If the project causes a significant emissions increase, 

then the project is a major modification only if it 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 of the process) 

will occur depends upon the type of emissions units being modified, according to 

paragraphs (b)(i)(J)(III) through (V) of this 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 of the process) is contained in the 

definition for "Net emissions increase" in Section 4(a). Regardless of any such 

preconstruction projections, a major modification results if the 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 if the sum of the 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 of a New Emissions Unit(s). A significant emissions increase of a 

regulated NSR pollutant is projected to occur ifthe sum of the 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 of the project and the baseline actual 

emissions (as defined in paragraph (iii) for the definition of "Baseline actual emissions" 

6-25 
Draft 1113112 

in Section 4(a)) of these 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 

of Emissions Units. A significant emissions increase of a regulated NSR pollutant is 

projected to occur ifthe sum of the emissions increases for each emissions unit, using the 

method specified in paragraphs (b)(i)(J)(IlI) and (IV) of this section as applicable with 

respect to each emissions unit, for each type of emissions 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 of Best 

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 of each phase of the proposed project. At such time, 

the owner or operator of the applicable stationary source may be required to demonstrate 

the adequacy of any previous determination of best available control technology for the 

stationary source. 

(B) In the case of a 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 of the 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 of innovative control 

technology. 

(II) The Administrator, with the approval of the 

govemor(s) of other affected state(s) may approve the employment of a 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 

of continuous 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. 

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Draft 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 of innovative 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 of an 

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 of innovative 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 of control or to protect the 

public health, welfare, or safety. 

(IV) If the source or modification fails to meet the required 

level of continuous emissions reduction within the specified time period or if the 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 of a demonstrated system of control. 

(iii) Temporary particulate matter emissions such as those associated with 

the construction phase of the source shall not be included in the determination on the 

issuance or denial of a required permit and shall not be taken into account when 

6-27 
Draft 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 of air quality modeling required under paragraph 

(b )(i) above shall be based on the applicable models, databases, and other requirements 

specified in Appendix W of 40 CFR part 51 (Guideline on Air Quality Models). Where 

an air quality model specified in Appendix W of 40 CFR part 51 (Guideline on Air 

Quality Models) is inappropriate, the model may be modified or another model 

substituted. Such a modification or substitution of a model may be made on a case-bycase basis or, where appropriate, on a generic basis for a specific State of Wyoming 

program. Written approval of the EPA Administrator must be obtained for any 

modification or substitution. In addition, use of a 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 of any lands within a Class I Area, or the Administrator of EPA or the 

governor of an 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 of such source 

demonstrates to the satisfaction of the Administrator that emissions of particulate 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) 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) of these regulations, an analysis of the impact of the emissions 

on visibility in a Federal Class I Area, the Division must consider such analysis in making 

its proposed decision. If the 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 of Chapter 6, Section 2(m), explain his decision or give 

notice as to where the explanation can be obtained. 

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Draft 1113112 

(vii) In any case where the owner or operator of such source demonstrates 

to the satisfaction of the 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 of a 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 of sulfur oxides, particulate matter, and nitrogen oxides from 

such source, will not cause or contribute to concentrations of such 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 

PM10, annual arithmetic mean 

PM10, 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~ 

i c1f"(f .s1l""'-'r-- -:sr:. 1. 7;/' 2 I 

17 

30 

20 

91 

325 

25 

(ix) (A) In any case where the owner or operator of a proposed major 

stationary source or major modification who has been denied a certification under 

subparagraph (vii) demonstrates to the satisfaction of the Governor of Wyoming 

(hereinafter the Governor), after notice and public hearing, and the Governor finds, that 

the source cannot be constructed by reason of any maximum allowable increases for 

sulfur dioxide for periods of twenty-four hours or less applicable to any Class I Area and, 

in the case of federal Mandatory Class I Areas, that a variance under this clause will not 

adversely affect the air quality related values of the area (including visibility), the 

Governor, after consideration of the Federal Land Manager's recommendation (if any) 

and subject to his concurrence, may grant a variance from such maximum allowable 

increase. If a variance is granted, a permit may be issued to such source pursuant to the 

requirements of this subparagraph provided other requirements of this section are met. 

(B) In the case of a permit issued pursuant to subparagraph 

(ix)( A), such source shall comply with such emission limitations under such permit as 

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Draft 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 of exposure of 24 

hours or less on more than 18 days during any annual period. 

Period of exposure: 

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 of this 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 of operation 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 of each 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 of each action taken by the 

Division on such application. 

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Draft 1113112 

(xii) [Reserved.] 

(xiii) [Reserved.] 

(xiv) [Reserved.] 

(xv) Actuals Plantwide Applicability Limitations (PALs). 

(A) Applicability. 

(I) The Division may approve the use of an actuals PAL for 

any existing major stationary source ifthe PAL meets the requirements in paragraphs 

(b)(xv)(A) through (0) of this section. The term "PAL" shall mean "actuals PAL" 

throughout paragraph (b)(xv) of this section. 

(II) Any physical change in or change in the method of 

operation of a major stationary source that maintains its total source-wide emissions 

below the PAL level, meets the requirements in paragraphs (b)(xv)(A) through (0) of this 

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) of this section (restrictions on relaxing enforceable emission limitations that the 

major stationary source used to avoid applicability of Chapter 6, Section 4). 

(III) Except as provided under paragraph (b)(xv)(A)(Il)(3.) 

of this section, a major stationary source shall continue to comply with all applicable 

Federal or State of Wyoming requirements, emission limitations, and work practice 

requirements that were established prior to the effective date of the PAL. 

(B) Definitions. The following definitions shall be used for 

actuals PALs consistent with paragraphs (b)(xv)(A) through (0) of this 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)) of all emissions units (as defined in the definition for 

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Draft 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) of this 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 of the 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 of major stationary source in section 

182(c) of the Clean Air Act, an emissions unit would be a major emissions unit for VOC 

if the 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 of issuance of the 

PAL permit; however, the PAL effective date for an increased PAL is the date any 

emissions unit that is part of the PAL major modification becomes operational and begins 

to emit the PAL pollutant. 

"PAL effective period" 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" of Section 4(a), any physical 

change in or change in the method of operation of the PAL source that causes it to emit 

the PAL pollutant at a level equal to or greater than the PAL. 

"PAL permit" means the Chapter 6, Section 2 or Section 4 permit 

issued by the Division that establishes a PAL for a major stationary source. 

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Draft 1113112 

"PAL pollutant" 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) of this 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" of this 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 of a permit 

application requesting a PAL, the owner or operator of a major stationary source shall 

submit the following information in paragraphs (b)(xv)(C)(I) through (III) of this section 

to the Division for approval. 

{I) A List of All Emissions Units at the Source Designated 

as Small, Significant or Major Based on Their Potential to Emit. In addition, the owner 

or operator of the source shall indicate which, if any, Federal or State of Wyoming 

applicable requirements, emission limitations, or work practices apply to each unit. 

{II) Calculations of the Baseline Actual Emissions (With 

Supporting Documentation). Baseline actual emissions are to include emissions 

associated not only with operation of the 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) of this section. 

(D) General Requirements For Establishing PALs. 

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Draft 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.) of this 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 of establishing a PAL, the major stationary source owner or operator shall show 

that the sum of the 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 of the 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) of this section. 

(3.) The PAL permit shall contain all the 

requirements of paragraph (b)(xv)(G) of this 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 of only one 

pollutant. 

(6.) Each PAL shall have a PAL effective period of 

10 years. 

(7.) The owner or operator of the major stationary 

source with a PAL shall comply with the monitoring, recordkeeping, and reporting 

requirements provided in paragraphs (b)(xv)(L) through (N) of this 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 of a PAL pollutant that occur during the PAL effective period 

creditable as decreases for purposes of offsets under 40 CFR part 51.165(a)(3)(ii) unless 

the level of the PAL is reduced by the amount of such emissions reductions and such 

reductions would be creditable in the absence of the PAL. 

(E) Public Participation Requirements For PALs. PALs for 

existing major stationary sources shall be established, renewed, or increased, through a 

6-34 
Draft 1113112 

procedure that is consistent with Chapter 6, Section 2. This includes the requirement that 

the Division provide the public with notice of the proposed approval of a PAL permit and 

at least a 30-day period for submittal of public comment. The Division must address all 

material comments before taking final action on the permit. 

(F) Setting the 10-Y ear Actuals PAL Level. 

(I) Except as provided in paragraph (b)(xv)(F)(II) of this 

section, the actuals PAL level for a major stationary source shall be established as the 

sum of the baseline actual emissions (as defined in the definition for "Baseline actual 

emissions" in Section 4(a)) of the 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) of any applicable Federal or State of Wyoming regulatory 

requirement(s) that the Division is aware of prior to issuance of the PAL permit. For 

instance, ifthe source owner or operator will be required to reduce emissions from 

industrial boilers in half from baseline emissions of 60 ppm NOx to a new rule limit of 30 

ppm, then the permit shall contain a future effective PAL level that is equal to the current 

PAL level reduced by half of the original baseline emissions of such 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 of adding the baseline actual emissions as specified in paragraph 

(b)(xv)(F)(I) of this section, the emissions must be added to the PAL level in an amount 

equal to the potential to emit of the units. 

(G) Contents of the PAL Permit. The PAL permit shall contain, at 

a minimum, the information in paragraphs (b)(xv)(G)(I) through (X) of this 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 

of the PAL (PAL effective period). 

(III) Specification in the PAL permit that if a major 

stationary source owner or operator applies to renew a PAL in accordance with paragraph 

(b)(xv)(J) of this section before the end of the PAL effective period, then the PAL shall 

6-35 
Draft 1113112 

not expire at the end of the 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 of paragraph (b)(xv)(I) of this 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) of this 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) of this section. 

(VIII) A requirement to retain the records required under 

paragraph (b)(xv)(M) of this 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) of this 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 of the PAL Permit. 

(I) PAL Effective Period. The PAL effective period shall 

be 10 years. 

(II) Reopening of the 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 of emissions used to 

establish the PAL; 

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Draft 1113112 

b. Reduce the PAL ifthe owner or operator 

of the 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) of this 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 if the 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. of this section for the correction of typographical/calculation errors 

that do not increase the PAL level, all reopenings shall be carried out in accordance with 

the public participation requirements of paragraph (b)(xv)(E) of this section. 

(I) Expiration of a PAL. Any PAL that is not renewed in 

accordance with the procedures in paragraph (b)(xv)(J) of this section shall expire at the 

end of the PAL effective period, and the requirements in paragraphs (b)(xv)(I)(I) through 

(V) of this section shall apply. 

(I) Each emissions unit (or each group of emissions 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.) of this section. 

(1.) Within the time frame specified for PAL 

renewals in paragraph (b)(xv)(J)(II) of this section, the major stationary source shall 

submit a proposed allowable emission limitation for each emissions unit (or each group 

of emissions units, if such 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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Draft 1113112 

of the emissions units that existed under the PAL. If the 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) of this 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 of emissions 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 of emissions units, 

as required under paragraph (b)(xv)(l){I)(2.) of this section, the source shall continue to 

comply with a source-wide, multi-unit emissions cap equivalent to the level of the 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 if such 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 of Wyoming 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) of this section, but were eliminated by the 

PAL in accordance with the provisions in paragraph (b)(xv)(A)(II)(3.) of this section. 

(J) Renewal ofa PAL. 

(I) The Division shall follow the procedures specified in 

paragraph (b)(xv)(E) of this 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 of a 

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

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Draft 1113112 

earlier than 18 months from, the date of permit expiration. This deadline for application 

submittal is to ensure that the permit will not expire before the permit is renewed. If the 

owner or operator of a 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.) of this section. 

( 1.) The information required in paragraphs 

(b)(xv)(C)(I) through (ill) of this section. 

(2.) A proposed PAL level. 

(3.) The sum of the potential to emit of all 

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.) of this section; however, in no case may any such adjustment 

fail to comply with paragraph (b)(xv)(J)(IV)(3.) of this section. 

(1.) If the emissions level calculated in accordance 

with paragraph (b)(xv)(F) of this section is equal to or greater than 80 percent of the 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.) of this section; or 

(2.) The Division may set the PAL at a level that it 

determines to be more representative of the 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.) of this section: 

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Draft 1113112 

a. If the potential to emit of the major 

stationary source is less than the PAL, the Division shall adjust the PAL to a level no 

greater than the potential to emit of the 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 of paragraph (b)(xv)(K) of this section (increasing a PAL). 

(V) If the compliance date for a State of Wyoming 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 of PAL 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.) of this section. 

(1.) The owner or operator of the 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 of this application, the major stationary 

source owner or operator shall demonstrate that the sum of the baseline actual emissions 

of the small emissions units, plus the sum of the baseline actual emissions of the 

significant and major emissions units assuming application ofBACT equivalent controls, 

plus the sum of the allowable emissions of the new or modified emissions unit(s), 

exceeds the PAL. The level of control 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 of BACT 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.) of this 

section, regardless of the magnitude of the emissions increase resulting from them (that 

is, no significant levels apply). These emissions unit(s) shall comply with any emissions 

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Draft 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 of the PAL major 

modification becomes operational and begins to emit the PAL pollutant. 

(II) The Division shall calculate the new PAL as the sum 

of the allowable emissions for each modified or new emissions unit, plus the sum of the 

baseline actual emissions of the significant and major emissions units (assuming 

application of BACT equivalent controls as determined in accordance with paragraph 

(b)(xv)(K)(I)(2.) of this section), plus the sum of the baseline actual emissions of the 

small emissions units. 

(III) The PAL permit shall be revised to reflect the 

increased PAL level pursuant to the public notice requirements of paragraph (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 of mass per unit of time. 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 of the four general monitoring approaches meeting the minimum requirements 

set forth in paragraphs (b)(xv)(L)(II)(l.) through (4.) of this 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.) of this section if approved by the Division. 

(4.) Failure to use a monitoring system that meets 

the requirements of this section renders the PAL invalid. 

(II) Minimum Performance Requirements For Approved 

Monitoring Approaches. The following are acceptable general monitoring approaches 

6-41 
when conducted in accordance with the minimum requirements in paragraphs 

(b)(xv)(L)(III) through (IX) of this 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 of validating the 

published content of the 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 of the 

PAL pollutant that is contained in or created by any raw material or fuel used in or at the 

emissions unit, if it cannot otherwise be accounted for in the process; and 

(3.) Where the vendor of a material or fuel, which 

is used in or at the emissions unit, publishes a range of pollutant content from such 

material, the owner or operator must use the highest value of the 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: 

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Draft 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 of operation of the 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 of uncertainty or limitations in the factors' 

development; 

(2.) The emissions unit shall operate within the 

designated range of use for the emission factor, if applicable; and 

(3.) If technically practicable, the owner or operator 

of a 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 of PAL 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 of time 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) of this section, where an owner or operator of an emissions 

unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL 

pollutant emissions rate at all operating points of the emissions unit, the Division shall, at 

the time of permit 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 of the emissions unit 

during operating conditions when there is no correlation between monitored parameter(s) 

and the PAL pollutant emissions is a violation of the PAL. 

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Draft 1113112 

(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 of the PAL. 

(M) Recordkeeping Requirements. 

(I) The PAL permit shall require an owner or operator to 

retain a copy of all records necessary to determine compliance with any requirement of 

paragraph (b )(xv) of this section and of the PAL, including a determination of each 

emissions unit's 12-month rolling total emissions, for 5 years from the date of such 

record. 

(II) The PAL permit shall require an owner or operator to 

retain a copy of the following records, for the duration of the PAL effective period plus 5 

years: 

(1.) A copy of the PAL permit application and any 

applications for revisions to the PAL; and 

(2.) Each annual certification of compliance 

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) of this section. 

(I) Semi-annual Report. The semi-annual report shall be 

submitted to the Division within 30 days of the end of each reporting period. This report 

shall contain the information required in paragraphs (b)(xv)(N)(I)(l.) through (7.) of this 

section. 

( 1.) The identification of owner 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) of this section. 

6-44 
Draft 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 of any emissions units modified or added 

to the major stationary source during the preceding 6-month period. 

(5.) The number, duration, and cause of any 

deviations or monitoring malfunctions (other than the time associated with zero and span 

calibration checks), and any corrective action taken. 

(6.) A notification of a shutdown of any 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 of the emissions of the pollutant or the 

number determined by method included in the permit, as provided by paragraph 

(b)(xv)(L)(VII) of this 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 of the information provided in the report. 

(II) Deviation Report. The major stationary source owner 

or operator shall promptly submit reports of any deviations or exceedance of the 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 of owner 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 of the information provided in the report. 

6-45 
Draft 1113112 

(III) Re-validation Results. The owner or operator shall 

submit to the Division the results of any re-validation test or method within three months 

after completion of such 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) of this 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 of approval of this regulation by the Administrator of EPA 

with a PAL that complies with the requirements of paragraphs (b)(xv)(A) through (0) of 

this section. 

(xvi) If any provision of this section, or the application of such provision 

to any person or circumstance, is held invalid, the remainder of this section, or the 

application of such 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 of the 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 of Chapter 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 of the 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 of the 

6-46 
Draft 1113112 

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 PM10 in 

paragraphs (b)(i)(E)(I) through (IV) of this section, effective February 13, 1989, shall not 

apply to a particular source or modification, ifthe owner or operator of the 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 PM10 in 

paragraphs (b)(i)(E)(IV) through (b)(i)(E)(V) of this section, effective February 13, 1989, 

shall apply to a particular source or modification if the owner or operator of the 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) of this section, 

except that the Administrator may provide that the monitoring period specification may 

be reduced to a minimum of four months if he 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 of paragraphs (b )(i)(E)(Ill) and (b )(i)(E)(IV) pertaining to 

PM10, 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 of four 

months if he is satisfied that a complete and adequate analysis can be accomplished with 

monitoring data gathered over that shorter period of time. 

(G) With respect to any requirements for air quality monitoring of 

PM10 specified under paragraphs (b)(xvii)(D) and (b)(xvii)(E) of this section, effective 

February 13, 1989, the owner or operator of the source or modification shall use a 

monitoring method approved by the Administrator and shall estimate the ambient 

concentrations of PM10 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 

6-47 
Draft 1113112 

February 8, 1988, ifthe owner or operator of the 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 PM10 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 of the source or modification submits an application for a permit under 

these regulations on or before the effective date of this 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 of Deterioration - μg/m3 

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 of January 25, 1979, shall be designated Class I and may not be 

redesignated. All other areas of the State of Wyoming shall be designated Class II as of 

the effective date of this regulation. 

( d) Redesignation. All redesignation of areas withi!l the State of Wyoming shall 

be accomplished through the process of establishment of Standards 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 of this regulation. 

6-48 
Draft 1113112 

(ii) Except as provided in paragraph (c) above, any area may be 

redesignated as Class I or II, with the approval of the Administrator of the Environmental 

Protection Agency, in accordance with the provisions of paragraph (iii) below; provided, 

however, that lands within the exterior boundaries of reservations of federally 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 of regulations 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 of the health, environmental, economic, social and energy effects of the 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 of the U.S. EPA. The notice of the public hearing shall contain appropriate 

notification of the availability of the description and analysis of the 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 of local and other 

substate general purpose governments in the area covered by the redesignation. 

(E) Prior to public notice of the 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 of 60 days) to confer with the State 

respecting the intended notice of designation. The Federal Land Manager shall be offered 

the opportunity to submit written comments and recommendations with respect to such 

intended notice of redesignation. In redesignating any area with respect to which the 

federal land manager has submitted written comments and recommendations, the 

Division will publish a list of any inconsistency between such redesignation and such 

recommendation with an explanation of such inconsistency (together with the reasons for 

making such redesignation against the recommendation of the 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 
Draft 1113112 

(iv) (A) If an 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 of the 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's judgment, the proposed 

source would not violate the applicable increments of the proposed redesignation. Such 

approval shall be withheld only so long as in the Administrator's judgment, the petitioner 

is expeditiously proceeding toward development of the "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 of the 

filing of the 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 of a petition for 

redesignation of an 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 of an area which existed at the time of permit application. 

For purposes of establishing 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's judgment, 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 of Chapter 6, Section 2, 

and provided that such other information and data is submitted to, and judged to be 

complete by the Administrator within 18 months of the filing of the initial permit 

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

deadline. 

o'f-~ Section 14. Incorporation by reference. ~' 

""" ,,,. 

(a) Code of Federal Regulations (CFR). All Code of Federal Regulations (CFRs) 

cited in this chapter, including their Appendices, revised and published as of July 1, ~ 

2010, not including any later amendments, are incorporated by reference. Copies of the 

Code of Federal Regulations are available for public inspection and copies can be 

obtained at cost from the Department of Environmental Quality, Division of Air Quality, 

122 W. 251

h Street, Cheyenne, Wyoming 82002. Copies of the CFRs can also be obtained 

at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, 

PA 17214. 

6-50