Department of Environmental Quality 

To protect, conserve and enhance the quality of Wyoming 's 

environment for the benefit of current and future generations. 

Matthew H. Mead, Governor 

November 6, 2015 

Mr. Shaun McGrath 

Regional Administrator 

USEP A Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Todd Parfitt, Director 

RE: State Implementation Plan Approval Request - Chapter 6, Permitting 

Requirements, Section 13, Nonattainment new source review permit requirements, 

and Section 14, Incorporation by reference (R-25) 

Dear Mr. McGrath: 

On September 9, 2015, 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) involve Chapter 6, 

Permitting Requirements, Section 13, Nonattainment new source review permit requirements, 

and Section 14, Incorporation by reference. The State is requesting a SIP revision to Section 13 

and an update to adopt by reference to Section 14. 

Chapter 6, Section 13, Nonattainment new source review permit requirements, establishes 

specific nonattainment new source review permit requirements. In this revision, the AQD has 

incorporated federal regulatory language - establishing permitting requirements for new and 

modified major stationary sources in a nonattainment area - from the Code of Federal 

Regulations (CFR) 51 .165 and reformatted it into state-specific language that effectively imposes 

requirements on sources in Wyoming. Additionally, the AQD has revised language within the 

rule to maintain consistency with the State's Prevention of Significant Deterioration regulations 

(WAQSR Chapter 6, Section 4). The EPA issued a preliminary review of this revision on 

August 28, 2015 and acknowledged in its letter that it found no approvability issues with the 

rev1s10ns. 

In addition to the revision to Section 4 of Chapter 6, the State is also asking to update Section 14, 

Incorporation by reference, to adopt by reference from the July 1, 2014 Code of Federal 

Regulations. The State previously submitted SIP revisions for Chapter 6, Section 14 on May 28, 

2015 that allowed adoption by reference of federal regulations that came after July 1, 2013. This 

action requests an update to those revisions. 

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

ADMIN/OUTREACH ABANDONED Mll~ES AIR QUALITY INDUSTRIAL SITING LAND QUALITY SOLID & l-IAZ. WASTE WATER QUALITY 

(307) 777-7758 (307) 777-6145 (307) 777-7391 (307) 777-7369 (307) 777-7756 (307) 777-7752 (307) 777-7781 
Mr. Shaun McGrath 

November 6, 2015 

Page 2 

After reviewing comments received before or during the public hearing, the 

Enviromnental Quality Council approved the proposed revisions on September 9, 2015. 

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 October 13, 2015. 

Since all of the necessary State reviews and approvals have been secured, I am 

submitting one electronic copy (in .PDF format) of the revisions to the State Implementation 

Plan. 

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 Certification Page, which has been signed by the 

Governor and Director of the Department of Envirom11ental Quality, documents the 

necessary legal authority under State law to adopt and implement the revised 

regulations and also provides evidence, along with the attachments listed below, that 

Wyoming followed all of the procedural requirements of the State's laws and 

constitution in conducting and completing the adoption of the plan. The rules became 

effective October 13, 2015. 

2. A June 10, 2015 memorandum from Todd Parfitt, Director of the Department of 

Enviromnental Quality, to the Governor's Office requesting approval to proceed with 

the rulemaking. 

3. A September 22, 2015 review from the Legislative Service Office, finding the revised 

regulations within the scope of intent of legislative authority. 

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

list of newspapers and dates of publication. 

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

6. A copy of the summary of comments and responses. 

7. A list of signatures of witnesses present at the September 9, 2015 hearing, as well as a 

copy of the agenda. 

8. Two copies of the revised chapter, one copy showing where revisions were made in 

underline and strikeout and a second copy with all the revisions incorporated. 
Mr. Shaun McGrath 

November 6, 2015 

Page 3 

If you have any questions regarding this submittal, please feel free to contact Cole 

Anderson, Air Quality Interim Administrator, at 307-777-7391. 

Sincerely, 

\~~ 

Todd Parfitt 

Director 

Enclosures 

cc: Cole Anderson, Interim Administrator, Air Quality Division w/o enc. 

Amber Potts, Air Quality Division w/enc. 

Carl Daly, EPA Region 8 w/o enc. 
Certification Page 

Regular and Emergency Rules 

Revised May 2014 

D Emergency Rules (After completing all of Sections 1 and 2. proceed to Section 5 below) 

IPJ~©fg~'W'~[Q) 

SEP 1 B 2015 

W i :. ;,, :~ ki AT G~iNEY 

GENERAL OFFICE, WNR 

0 Regular Rules 

"~ "'--"'"'"'!>c·"f'Fti """" "' "''-";~;~i:'.~~~~ ~~'iilf""'.' .,. "!l'.'-~~~~~ ",;~,~ .• ..,. ·" --·~$ft.;;"r•<l'?' :~.~~~.~~]Ft:~"':;::<r" _.,,,.,. ~=1 '~ ~~v "'" ~ ·=·· enera t n orma 1on.~~*t'\~~ ~ ~~ :~ ;;~ >:-~-~- -·~·:Jf.;~· .... ·:~· ~~·~~;·;=r::·:;~~-?>:-L .. ~:> · ... rl _'.~ . ~~~ ~ .. :;:;-~~~4.,.~~~·;ri~~~\.·;_~~~/;,"" -:~~:.~ ~ ... ~~;. 

a. Agency/Board Name 

Department of Environmental Quality 

b. Agency/Board Address c. City I d. Zip Code 

122 W. 25th Street, Herschler Building 2-E Cheyenne 82002 

e. Name of Contact Person f. Contact Telephone Number 

Mike Morris 307-777-2068 

g. Contact Email Address I h. Adoption Date 

michael.morris1@wyo.gov September 9, 2015 

i. Program 

Air Quality 

i2 ~uTe 1i rre nlHh1ofm'iftlCJHt~eit.e- cilfri~fi rr~~~ITnci f:j&~ 111~ ~i 1':1 @~ ~i ~~i:"'iffi8~P. a1&i . -~, ~:~r@.~~;;g:t;lt~.:~:,... .. F·\,~~~ "'..,:~~.:;. ~. ~:.;: \ 1 

~.,_.,. _ "··- ·~~-- '~--...!>"""-~- ... -V-:::-"'f . .-_,%'. ·=-~- ~- • .-~.·- •• ~. ~--·-,..:;,._. ~"~· -~ --t-~-· ·.!..-<t·. •h ..... _.~ ~> --""" .,..,..,.~ _ . ...... . <.:-. 

If "New,' provide the Enrolled Act numbers and years enacted: 

c. Provide the Chapter Number, Short Title, and Rule Type of Each Chapter being Created/Amended/Repealed 

(Please use the Additional Rule Information form for more than 10 chapters, and attach it to this certification) 

Chapter Number: Chapter Name: DNew 0 Amended D Repealed 

2 Ambient Standards 

Chapter Number: Chapter Name: DNew 0Amended D Repealed 

6 Permitting Requirements 

Chapter Number: Chapter Name: DNew D Amended 0 Repealed 

Chapter Number: Chapter Name: ONew OAmended D Repealed 

Chapter Number: Chapter Name: DNew OAmended D Repealed 

Chapter Number: Chapter Name: DNew D Amended D Repealed 

-·· Chapter Number: Chapter Name: ONew DAmended D Repealed 

Chapter Number: Chapter Name: DNew D Amended D Repealed 

Chapter Number: Chapter Name: DNew DAmended D Repealed 

-

·--. Chapter Number: Chapter Name: DNew 0 Amended D Repealed 

-· 

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

' If ''1' 'D m' cr qu "'I'"."'''"'" of th'5• '"'" ,,.,,, prnWdiog ""STATE'O'F' ~~MING l 0 . Office of the Secretary } 

OrCT , 3 201~ .:::/ Filed ~"o i::; da ! :, ~ 

SEC RcJ/~,i'rM~G STATE Doc ID# qq<{'-/- 99'/S 

E~ward F. Murray Ill ,.., ,,...,:._ I-·-·-•-
a. Date on which t~e Notice of Intent containing all of the information required by 

W.S. 16-3-103(a) was filed with the Secretary of State: . 

b. Date on which the Notice of Intent and proposed rules in strike and underscore 

format and a clean copy were provided to the Legislative Service Office: 

c. Date on which the Notice of Intent and proposed rules in strike and underscore 

format and a clean copy were provided to the Attorney General: 

July 14, 2015 

July 14, 2015 

July 14, 2015 

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. of Yes 0 No 

City: 

Buffalo @~ lf"Yes:· Date: 

September 9, Time: 

9:00 A.M. 

Location: 

Community Building 

2015 MST 18 Fairgrounds Road 

a. Date on which the Certification Page with original signatures and final rules were sent to the 

Attorney General's Office for the Governor's signature: 

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

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

September 17, 2015 

September 17, 2015 

September 17, 2015 -;:-:-=,--~--="'""'.,.,.;:::"""-;"7.:"=:'.:.,.;;-:,_,,,.--;-;:;;::;;,:=::=-:~ -:.7=-~C.:-,o:;-;~G7;:,-;:-=:-~ 

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. 

'. i.• I , . .. .. Attorney G neral: 1. Staft!'niefa of Reasons; 2. Original Certification Page; 3. Summary of Comments (regular rules); 4. Hard copy of rules: clean and 

strike/underscore; and 5. Mem?ito ~overnpr c!ocumentlng emergency {for emergency rules only). 

'" 

LSD: 1. Statement of' Reasons;·2. Coj:iy of ce rti fi c~ ti ~ ~a . Summary of Comments {regular rules); 4. Hard copy of rules: clean and strike/underscore; 5. Electronic 

copy of rules {PDF.s) emailed to.Criss.Carlson@w\fo lEtJ.gov: lean and strike/underscore; and 6. Memo to Governor documenting emergency (for emergency rules 

only). !!! 11.r :_ ~ .• 1 :1 :'. ~; ,.:: 

... : ::. ...; ·._, ~: 1 ;:; 

SOS: l : 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, consetve and enhance the quality of Wyoming's 

environment for the benefit of current and future generations. 

Matthew H. Mead, Governor Todd Parfitt, Director 

To: 

From: 

Honorable Matthew H. Mead, Governor ~ 

Todd Parfitt, Director, Department of Environmental Quali \';\\< Subject: Proposed Rules for Chapters 2 and 6 (R-25) 

Date: 

Priority: 

Summary: 

Department of Environmental Quality, Air Quality Division 

June 10, 2015 

HIGH - Deadline for response is June 23, 2015 

Notice of Agency Rulemaking 

The Air Quality Division (Division) is proposing revisions to the Wyoming Air Quality 

Standards and Regulations (W AQSR) listed above. The following is a brief summary of the 

proposed rule changes: 

• Annual updates to Incorporation by Reference (IBR) sections to be adopted by reference 

from the 2014 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. 

Adopting these national standards into the State rules allows for State implementation of 

the rules. 

• Updates to Chapter 2, Section 2, Ambient standards for particulate matter, to include the 

2012 PM2.s National Ambient Air Quality Standards (NAAQS). 

• Updates to Chapter 6, Section 13, Nonattainment new source review permit requirements, 

to include specific nonattainrnent new source review permitting requirements for new and 

modified major stationary sources in a nonattainment area. 

o Section 13 revisions address Clean Air Act (CAA) requirements for areas 

designated as nonattainrnent for a NAAQS. 

o The requirements are designed to help attain and maintain compliance with the 

national standards. 

o These updates are derived largely from federal regulatory language - federal 

requirements in 40 CFR 51.165 - but they include language that accounts for 

Wyoming's specific regulatory needs and maintains consistency with existing 

state permitting programs (specifically W AQSR Chapter 6, Section 2, Permit 

requirements for construction, modification, and operation, and Chapter 6, 

Section 4, Prevention of significant deterioration). 

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). Chapter 2, Sections 2 

and 12, and Chapter 6, Sections 13 and 14, involve changes to the State Implementation Plan 

(SIP). 

The Wyoming Air Quality Advisory Board met in Cheyenne, Wyoming on April 28, 2015, 

and recommended that these rules proceed to formal rulemaking before Environmental 

Quality Council (EQC). 

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

ADMIN/OUTRCACH ABANDONED MINCS AIR QUALITY IN DUSTRIAL SITING LAND QUALITY SOU & HAZ WAST[ WATER QUALITY 

(307) 77 7-7758 (307) 777 ·6145 (307) 77 7-7391 (307) 777-7369 (307) 777-7756 (307) 777 775'.! (307) 777778 1 

r /\'x' 77 7 Jh R:I J='Alt 777 h .dh:..i r= A Y 7 TJ .'\&;1h r: 11.v 777 C.071 r:,\ y 7.C..~ A r:/\V -,-77 1:;07'1 C' AV 777 t:0-1'1 
Agency Contact Name: 

Agency Contact Phone: 

Agency Contact Email: 

Jeni Cederle 

307-777-7740 

jeni.cederle@wvo.gov 

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

/ Agency may proceed. 

_____ Delay public comment and set up meeting with 

/ Signature: Governor's Counsel 

ff no response has been received by the 1 O'h working day, the agency will proceed with these 

rules. 
WYOMING LEGISLATIVE SERVICE OFFICE 

Memorandum 

September 22, 2015 

TO: Department of Environmental Quality 

FROM: Legislative Service Office 

RE: Administrative Rule Review 

Attached is a copy for your files of the rule review the Legislative Service Office 

has written for rules you recently adopted. The review is sent to the Management 

Council of the Legislature for their review and consideration. 

2 13 State Capitol • Cheyenne, Wyoming 82002 

T ELEPHONE 307-777-788 1 • FAX 307-777-5466 .EMAILlso@wyoleg.gov . WEBSITEwww.wyoleg.gov 
Administrative Rule Review - ARRI 5-046 

Legislative Service Office 

September 22, 2015 

AGENCY 

DATE SUBMITTED: 

SUBJECT: 

NATURE OF RULES: 

STATUTORY AUTHORITY: 

Department of Environmental Quality 

September 17, 2015 

Chapter 2 - Ambient Standards; Chapter 6 - Permitting 

Requirements 

Legislative and procedural. 

W.S. 35-l l-l 12(a)(i) and 35-11-202. 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION 

SUBMITTED BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO LSO: Apparently 

complete to date. 

SUMMARY OF RULES: These rules amend the Wyoming Air Quality Standards and Regulations. 

Chapter 2, Ambient Standards, is amended to include the updated primary ambient air quality standards 

for PM2.

5 particulate matter (particles with an aerodynamic diameter less than or equal to a nominal 2.5 

micrometers) as of July 1, 2014. Chapter 6, Permitting Requirements, is amended to establish specific 

permit requirements for new major stationary sources or major modifications to existing major stationary 

sources located in areas of the State which are designated as nonattainment under the federal Clean Air 

Act. Previously, the rules adopted by reference requirements for permits in nonattainment areas 

contained in the Code of Federal Regulations. 

In addition, chapters 2 and 6 are amended to comply with the Wyoming Administrative Procedures Act 

requirements for incorporation by reference and to include all amendments made to incorporated Code of 

Federal Regulations on or before July 1, 2014. Changes to both chapters involve changes to Wyoming's 

Clean Air Act State Implementation Plan. 

FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent. 

Compliance with federal law has not been determined. The Environmental Protection Agency's 

preliminary review of the rules found "no approvability issues" with the amendments to Chapter 6 

nonattainment pennit requirements. 

STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved by the 

Council as submitted by the agency. 

Anna Mumford 

Staff Attorney 

Matthew D. Obrecht 

Staff Attorney 
The Wyoming Department of Environmental Quality

The Environmental Quality Council (EQC) will consider proposed changes to the Wyoming Air Quality Standards 

and Regulations (WAQSR) brought forth by the Wyoming Department of Environmental Quality (WDEQ) Air 

Quality Division (AQD) at a public hearing to be held at 9:00 a.m. on September 9, 2015, at the Community Building, 

18 Fairgrounds Road, Buffalo, Wyoming. 

The AQD will present the proposed rulemaking to the EQC. The proposed rulemaking will involve revising WAQSR 

Chapter 2, Sections 2 and 12, along with Chapter 6, Sections 13 and 14. Chapter 2, Ambient Standards, Section 2, 

Ambient standards for particulate matter, will be updated to include the latest PM2.5 National Ambient Air Quality 

Standards (NAAQS). Section 12, Incorporation by reference, is being updated to adopt by reference from the Code 

of Federal Regulations (CFR) for July 1, 2014. Chapter 6, Permitting Requirements, Section 13, Nonattainment new 

source review permit requirements, will be updated to include specific nonattainment new source review permit 

requirements. Section 14, Incorporation by reference, is being updated to adopt by reference from the CFR for July 

1, 2014. Chapter 2, Section 2, and Chapter 6, Section 13, involve changes to the State Implementation Plan (SIP). 

The AQD will submit these SIP changes to the Environmental Protection Agency (EPA). Copies of the public notice, 

Notice of Intent to Adopt Rules, 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.wyoming.gov/aqd/rule-development/resources/proposed-rules-andregulations/ and the EQC website stated below. If you have questions regarding the proposed rules, contact Jeni 

Cederle, Air Quality Division, at 307-777-7740.

The notice for submitting written comments on the WDEQ/AQD proposed revisions was first published on July 14, 

2015. In order for the AQD to file the response to comments, written comments should be received no later than 5:00 

p.m. (MST) on August 31, 2015. Written comments should be submitted to: Administrator, WDEQ/AQD, Herschler 

Building 2-E, 122 W. 25th Street, Cheyenne, Wyoming, 82002, or faxed to 307-777-5616. Email comments will not 

be considered. The AQD will file an Analysis of Comments prior to the September 9, 2015 public hearing. The entire 

record and the comments submitted during the comment period can be viewed at the EQC website: 

https://eqc.wyo.gov/Public/Dockets.aspx under the link titled “15-2102.” 

The EQC has scheduled a public hearing on September 9, 2015. The EQC will consider the proposed rules, written 

comments, and the response to comments along with any modifications proposed by the AQD to the draft rules. At 

the public hearing, oral statements that focus on the written comments, the AQD’s analysis of comments and issues 

raised by the analysis will be accepted. The EQC will determine if the record will remain open beyond the close of 

the scheduled hearing. If the comment period is extended, the extension will be posted on the Air Quality website as 

well as the above-stated website for the EQC. The EQC, however, may close the record and make a final decision 

regarding the rules at the conclusion of the hearing. Those who wish to comment on the proposed revisions should 

submit comments according to the schedule above.

Any person wishing to use a digital presentation during their testimony before the EQC must provide a digital copy 

to the EQC no less than 3 days prior to the hearing unless you contact the EQC and request an extension for good 

cause. Failure to submit a digital copy in a timely manner 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 Meeting

September 9, 2015--Public Notice

Newspaper Date of Publication

Casper Star Tribune July 14, 2015

Wyoming Tribune-Eagle July 14, 2015

The Sheridan Press July 14, 2015

The Rocket-Miner July 14, 2015
The Wyoming Department of Environmental Quality 

The Environmental Quality Council (EQC) will consider proposed changes to the Wyoming Air Quality Standards 

:md Regulations (WAQSR) brought forth by the Wyoming Department of Environmental Quality (WDEQ) Air 

~uality Division (AQD) at a public hearing to be held at 9:00 a.m. on September 9, 2015, at the Community Building, 

18 Fairgrounds Road, Buffalo, Wyoming. 

fhe AQD will present the proposed rulemaking to the EQC. The proposed rulemaking will involve revising WAQSR 

::::hapter 2, Sections 2 and 12, along with Chapter 6, Sections 13 and 14. Chapter 2, Ambient Standards, Section 2,_ 

o\mbient standards for particulate matter, will be updated to include the latest PM2.s National Ambient Air Quality 

)tandards (NAAQS). Section 12, Incorporation by reference, is being updated to adopt by reference from the Code of 

:<"ederal Regulations (CFR) for July l, 2014. Chapter 6, Permitting Requirements, Section 13, Nonattainment new source 

·eview permit requirements, will be updated to include specific nonattainment new source review permit requirements. 

)ection 14, Incorporation by reference, is being updated to adopt by reference from the CFR for July 1, 2014. Chapter 

~. Section 2, and Chapter 6, Section 13, involve changes to the State Implementation Plan (SIP). The AQD will submit 

hese SIP changes to the Environmental Protection Agency (EPA). Copies of the public notice, Notice of Intent to 

\dopt Rules, and the proposed rules are available for public inspection at the Department of Environmental Quality, 

\ir Quality Division, Herschler Building, 2"d Floor, 122 W. 25'h Street, Cheyenne, Wyoming. Electronic copies are 

lVailable at http://deq.wyoming.gov/aqd/rule-development/resources/proposed-rules-and-regulations/ and the EQC 

ivebsite stated below. If you have questions regarding the proposed rules, contact Jeni Cederle, Air Quality Division, at 

107-777-7740. 

fhe notice for submitting written comments on the WDEQ/AQD proposed revisions was first published on July 

.4, 2015. In order for the AQD to file the response to comments, written comments should be received no later 

han 5:00 p.m. (MST) on August 31, 2015. Written comments should be submitted to: Administrator, WDEQ/ 

\QD, Herschler Building 2-E, 122 W 25'h Street, Cheyenne, Wyoming, 82002, or faxed to 307-777-5616. Email 

:omments will not be considered. The AQD will file an Analysis of Comments prior to the September 9, 2015 

mblic hearing. The entire record and the comments submitted during the comment period can be viewed at the 

'<:QC website: https://eqc.wyo. gov/Public/Dockets.aspx under the link titled "15-2102." 

fhe EQC has schequled a public hearing on September 9, 2015. The EQC will consider the proposed rules, written 

:omments, and the response to comments along with any modifications proposed by the AQD to the draft rules. At 

he public hearing, oral statements that focus on the written comments, the AQD's analysis of comments and issues 

aised by the analysis will be accepted. The EQC will determine if the record will remain open beyond the close of the 

cheduled hearing. If the comment period is extended, the extension will be posted on the Air Quality website as well as 

he above-stated website for the EQC. The EQC, however, may close the record and make a final decision regarding the 

ules at the conclusion of the hearing. Those who wish to comment on the proposed revisions should submit comments 

iccording to the schedule above. 

\.ny person wishing to use a digital presentation during their testimony before the EQC must provide a digital copy to 

he EQC no less than 3 days prior to the hearing unless you contact the EQC and request an extension for good cause. 

"ailure to submit a digital copy in a timely manner will result in the person not being allowed to use the presentation 

luring their testimony. 

Star iTribune 

-----Wyoming's News Source 

P.O. Box 80 • Casper, WY 82602-0080 • (307) 266-0500 

AFFIDAVIT OF PUBLICATION 

STATE OF WYOMING ) 

COUNTY OF NATRONA) 

I, the undersigned, being a person in the employ of 

the Casper Star-Tribune, a newspaper published 

in CASPER, NATRONA COUNTY, WYOMING, and 

knowing the facts herein set forth do so solemnly swear 

that a copy of the notice as per clipping attached was 

printed and published 

~ weekly 

in the regular and entire issue of said newspaper, and 

not in any supplement thereof, 

for 

I consecutive § weeks 

commencing with issue dated 

I 

11 . .;(()/5 

ending with issue dated 

Signed 

Subscribed in my presence and sworn to before me 

this 
The Wyoming Department of Environmental Quality 

The Environmental Quality Council (EQC) will consider proposed changes to the Wyoming Air Quality Standards 

and Regulations (WAQSR) brought forth by the Wyoming Department of Environmental Quality (WDEQ) Air 

Quality Division (AQD) at a public hearing to be held at 9:00 a.m. on September 9, 2015, at the Community Building, 

18 Fairgrounds Road, Buffalo, Wyoming. 

The AQD will present the proposed rulemaking to the EQC. The proposed rulemaking will involve revising WAQSR 

Chapter 2, Sections 2 and 12, along with Chapter 6, Sections 13 and 14. Chapter 2, Ambient Standards, Section 2,, 

Ambient standards for particulate matter, will be updated to include the latest PM2.s National Ambient Air Quality 

Standards (NAAQS). Section 12, Incorporation by reference, is being updated to adopt by reference from the Code of 

Federal Regulations (CFR) for July 1, 2014. Chapter 6, Permitting Requirements, Section 13, Nonattainment new source 

review permit requirements, will be updated to include specific nonattainment new source review permit requirements. 

Section 14, Incorporation by reference, is being updated to adopt by reference from the CFR for July l , 2014. Chapter 

2, Section 2, and Chapter 6, Section 13, involve changes to the State Implementation Plan (SIP). The AQD will submit 

these SIP changes to the Environmental Protection Agency (EPA). Copies of the public notice, Notice of Intent to 

Adopt Rules, and the proposed rules are available for public inspection at the Department of Environmental Quality, 

Air Quality Division, Herschler Building, 2•d Floor, 122 W. 251

h Street, Cheyenne, Wyoming. Electronic copies are 

available at http://deq.wyoming.gov/aqd/rule-development/resources/proposed-rules-and-regulations/ and the EQC 

website stated below. If y9u have questions regarding the proposed rules, contact Jeni Cederle, Air Quality Division, at 

307-777-7740. 

The notice for submitting written comments on the WDEQ/AQD proposed revisions was first published on July 

14, 2015. In order for the AQD to file the response to comments, written comments should be received no later 

than 5:00 p.m. (MST) on August 31, 2015. Written comments should be submitted to: Administrator, WDEQ/ 

AQD, Herschler Building 2-E, 122 W. 25'h Street, Cheyenne, Wyoming, 82002, or faxed to 307-777-5616. Email 

comments will not be considered. The AQD will file an Analysis of Comments prior to the September 9, 2015 

public hearing. The entire record and the comments submitted during the comment period can be viewed at the 

EQC website: https:Ueqc. wyo. gov/Public/Dockets.aspx under the link titled " 15-2102." 

The EQC has schequled a public hearing on September 9, 2015. The EQC will consider the proposed rules, written 

comments, and the response to comments along with any modifications proposed by the AQD to the draft rules. At 

the public hearing, oral statements that focus on the written comments, the AQD's analysis of comments and issueS 

raised by the analysis will be accepted. The EQC will determine if the record will remain open beyond the close of the 

scheduled hearing. If the comment period is extended, the extension will be posted on the Air Quality website as well as 

the above-stated website for the EQC. The EQC, however, may close the record and make a final decision regarding the 

rules at the conclusion of the hearing. Those who wish to comment on the proposed revisions should submit comments 

according to the schedule above. 

Any person wishing to use a digital presentation during their testimony before the EQC must provide a digital copy to 

the EQC no Jess than 3 days prior to the hearing unless you contact the EQC and request an extension for good cause. 

Failure to submit a digital copy in a timely manner 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. 

JUL 2015 

RECEIVED ~ AIR QUALITY 04 

t0 DMSION ~ 

S'~ ~~ 

~£~t~ 
Proofo~ation 

THE ST ATE OF WYOMING 

County of Laramie 

AFFIDAVIT 

) SS. 

L.D. Catalano of said County of Laramie, 

being first duly sworn, deposes and says that he 

is Controller; or Faith Vroman, of said County 

of Laramie, being first duly sworn, deposes and 

says that she is the Office Manager of the 

Wyoming Tribune-Eagle 

a newspaper printed and published in said 

County and State, and in the Capitol of said 

State; that the notice of which the annexed is a 

true copy, has been published in the said 

newspaper. 

for One 

Times, to wit: 

July 14, 2015 

and that the first publication of said notice was 

made in said paper bearing date 

July 14, A.D. 20 15 

and that the last publication of said notice was 

made in said paper ate 

Su cribed in my presence and sworn to before 

me by the aforesaid L.D. Catalano, Controller or 

Faith Vr metPiffice Manager. 

this 

NOTICE 

The~ng~ 

of Environmental Qulllty 

The Er.vironmental Qualit: 

Council (EQC) will conside 

proposed changes to th1 

Wyoming Air Quality Stand 

ards and Regulation. 

(WAQSR) brought forth bl 

the Wyoming Department o 

Environmental Qualiti 

(WDEQ) Air Quality Divisior 

(AQD) at a public hearing tc 

be held at 9:00 a.m. on Sep 

tember 9, 2015, at the Com· 

munity Building, 18 Fair· 

grounds Road, Buffalo, W\IO· 

ming. 

The AQD will present . the 

proposed rulemaking to the 

EQC. The propased 

rulemaking will Involve re· 

vising WAQSR Chapter 2, 

Sections 2 and 12, along 

with Chapter 6, Sections 13 

and 14. Chapter 2, Ambient 

Standards, Section 2, Ambi· 

ent standards for particu· 

late matter, will be updated 

to include the latest PM2.5 

National Ambient Air Qual· 

ity Standards (NAAQS). 

Section 12, lncorparation by 

reference, is being uPdated 

to adopt by reference from 

the Code of Federal Regula· 

lions (CFR) for July 1, 2014. 

Chapter 6, Permitting Re· 

quirements, Section 13, Non· 

attainment new source review permit requirements, 

will be uPdated to include 

specific nonattainment new 

source review permit re· 

quirements. Section 14, In· 

corPOration by reference, is 

being uPdated to adopt by 

reference from the CFR for 

July 1, 2014. Chapter 2, Sec· 

lion 2, and Chapter 6. Sec· 

tlon 13, involve changes to 

the State Implementation 

Plan (SIP). The AQD will 

submit these SIP changes to 

the Environmental Protec· 

tlon Agency (EPA). Coples 

of the public notice, Notice 

of Intent to Adopt Rules, and 

the proposed rules are 

available for public lnspec· 

tion at the Department of 

Environmental Quality, Air 

Quality Division, Herschler 

Building, 2nd Floor, 122 W. 

25th Street, Cheyenne. W\lo· 

ming. Electronic copies are 

available at 

hltP://deq.WYoming.govfaqdftuledevelopment/resources/propased 

·rules-ancl-regulatiaW and the EQC 

website stated below. If you 

have questions regarding 

thr propased rule,, contact 

Jeni Cederle, Air QIJality Di· 

vision, at "307-m-mo. 

The notice for submitting 

written comments on the 

WDEQ/AQD propased revisions was first published on ,. / 

July 14, 2015. In order ror 

the AQD to file the respanse 

to comments, written comments should be received 

no later than 5:00 p.m. 

(MST) on August 31, 2015. 

Written comments should 

be submitted to: Adminis· 

trator, WDEQ/AQD, Herschler Building 2-E, 122 W. 

25th Street, Cheyenne, W\lo· 

ming, 82002, or faxed to 

307-m-5616. Email com· 

ments will not be considered. The AQD will file an 

Analysis of Comments prior 

to the September 9, 2015 

public hearing. The entire 

record and the comments 

submitted during the comment period can be viewed 

at the EQC website: 

https/~ 

PX under the 

link titled "15-2102." 

The EQC has scheduled a 

public hearing on Septem· 

her 9, 2015. The EQC will 

consider the propased rules, 

written comments, and the 

response to comments 

along with any modifica· 

lions propased by the AQD 

to the draft rules. At the 

public hearing, oral statements that focus on the 

written comments, the 

AQD's analysis of comments 

and issues raised by the 

analysis will be accepted. 

The EQC will determine if 

the record will remain open 

beyon~ the close of the 

scheduled hearing. If the 

comment period is extended, the extension will 

be posted on the Air Quality 

website as well as the 

above-stated website for 

the EQC. The EQC, however, 

may close the ·record and 

make a final decision re· 

garding the rules at the con· 

clusion of the hearing. 

Those who wish to comment 

on the propased revisions 

should submit comments 

according tc the schedule 

above. 

Any person wishing to use a 

digital presentation during 

their testimony before the 

EQC must provide a digital 

copy to the EQC no less than 

3 days prior to the hearing 

unless you contact the EQC 

and request an extension 

for good cause. Failure to 

submit a digital copy in a 

timely manner will result in 

the person not being al· 

lowed to use the presentation during their testimony. 

In accordance with the 

Americans with Disabilities 

Act. special assistance or al· 

ternative formats will be 

made available upan request for Individuals with 

disabilities. 

July 14, 2015 
Affidavit of Publication 

\S\8118 I!!?() 

~;-"' • 12 ~J ~ -"" ::;? "-' 

------------------------------------------------------------------------------~ .... --"":l\fl'~iirT:rM'I"'--- ~ ,_,_, ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-*",,,_.--l;iAAill!OllL---,::::C::: 

STATE OF WYOMING 

County Of Sweetwater } ss. 

Rick Lee, being first duly sworn, deposes and 

says that as an Official Representative of the 

Rocket-Miner, a newspaper of general 

circulation, published daily in the City of Rock 

Springs, County and State aforesaid, and that 

the notice, a copy of which is hereunto attached 

was published in said newspaper for 1 days, the 

first thereof being in the issue of 07/14/2015 , 

and the last publication thereof being in the 

issue of07/14/2015. 

Subscribed and sworn to before me this day, 

7/14/2015. 

Publication Charges 

Notary And Affidav 

Additional Copies 

$166.41 

$0.00 

$0.00 

$166.41 

THEWYOMINGDEPARTMENTO ..9 ~ 

ENVIRONMENTAL QUALITY S' fa~-~ 

The Environmental Quality Council (EQC) will consider proposed 

changes to the Wyoming Air Quality Standards and Regulations 

(WAQSR) brought forth by the Wyoming Department of Environmental 

Quality (WDEQ) Air Quality Division (AQD) at a public hearing to be 

held at 9:00 a.m. on September 9, 2015, at the Community Building, 18 

Fairgrounds Road, Buffalo, Wyonllng 

The AQD will present the proposed rulemaking to tlie EQC. The proposed rulemaking will involve revising WAQSR Chapter 2, Sections 2 

and 12, along with Chapter 6, Sections 13 and 14. Chapter 2, Ambient 

Standards, Section 2, An1bient standards for particulate 1natter, will be 

updated to include the latest PM2.5 National Ambient Air Quality 

Standards (NAAQS). Section 12, Incorporation by reference, is being 

updated to adopt by reference from the Code of Federal :Regulations 

(CFR) for July 1, 2014. Chapter 6, Permitting Requirements, Section 

13, Nonattainment new source review permit requirements, will be updated to include specific nonattainment new source review permit requirements. Section 14, Incorporation by reference, is being updated to 

adopt by reference from the CFR for July 1, 2014. Chapter 2, Section 2, 

and Chapter 6, Section 13, involve changes to the State Implementation 

Plan (SIP). The AQD will submit these SIP changes to the Environmental Protection Agency (EPA). Copies of the public notice, Notice of 

Intent to Adopt Rules, and the proposed 1ules are available for public inspection at the Department of Environ1nental Quality, Air Quality Division, Herschler Building, 2nd Floor, 122 W. 25th Street, Cheyenne, WyonUng. Electronic copies are available at hUp://<leq.wyo1ning.gov/ 

aq d/rul e-devel op ment/resources/p reposed-rules-m1 d-regulations/ and the 

EQC website stated below. If you have questions regarding the proposed 

rules, contact Jeni Cederle, Air Quality Division, at 307-777-7740. 

The notice for submitting written comtnents on the WDEQ/AQD proposed revisions was first published on July 14, 2015. In order for the 

AQD to file the response to comments, written comments should be received no later than 5:00 p.m. (MST) on August 31, 2015. Written comments should be submitted to: Administrator, WDEQ/AQD, Herschler 

Building 2-E, 122 W. 25th Street, Cheyenne, Wyoming 82002, or faxed 

to 307-777-5616. E1nail conunents will not be considered. The AQD 

will file an Analysis of Co1111nents prior to the Septe1nber 9, 2015 public 

hearing The entire record and the comments submitted during the com1nent period can be viewed at the EQC website: https://eqc.wyo.gov/Pu 

blic/Dockets.aspx under the link titled" 15-2102." 

The EQC has scheduled a public hearing on September 9, 2015. The 

EQC will consider the proposed rules, written comments, and the response to comments along with any 1nodifications proposed by the AQD 

to the draft rules. At the public hearing, oral state1nents that focus on the 

written comn1ents, the AQD's analysis of comments and issues raised by 

the analysis will be accepted. The EQC will determine if the record will 

remain open beyond the close of the scheduled hearing. If the con1n1ent 

period is extended, the extension will be posted on the Air Quality 

website as well as the above-stated website for the EQC. The EQC, 

however, may close the record and make a final decision regarding the 

rules at the conclusion of the hearing. Those who wish to conm1ent on 

the proposed t'evisions should submit co1ru11ents according to the schOOule above. 

Any person wishing to use a digital presentation during their testiinony 

before the EQC must provide a digital copy to the EQC no less than 3 
Affidavit of Publication 

STATE OF WYOMING 

County Of Sweetwater } ss. 

Rick Lee, being first duly sworn, deposes and 

says that as an Official Representative of the 

Rocket-Miner, a newspaper of general 

circulation, published daily in the City of Rock 

Springs, County and State aforesaid, and that 

the notice, a copy of which is hereunto attached 

was published in said newspaper for 1 days, the 

first thereof being in the issue of 07/14/2015 , 

and the last publication thereof being in the 

issue of07/14/2015. 

~ I 

Subscribed and sworn to before me this day, 

7/1412015. 

Notary Public 

Publication Charges 

Notary And Affidav 

Additional Copies 

$166.41 

$0.00 

$0.00 

$166.41 

days prior to the hearing unless you contact the EQC and request an extension for good cause. Failure to sub1nit a digital copy in a timely manner will result in the person not being allowed to use the presentation 

during their testimony. 

In accordance with the A1nericans with Disabilities Act, special a.'{sfstance or alternative fortnats 111;/J be 1nade available upon request for individuals rJJith disabilities. 

July 14 ___________ . _________ _ 
AFFP 

The Wyoming Department of Envi 

Affidavit of Publication 

STATE OF WYOMING} SS 

COUNTY OF SHERIDAN} 

Rena L. Appel, being duly sworn, says: 

That she is Clerk of the The Sheridan Press, a daily 

newspaper of general circulation, printed and published in 

Sheridan, Sheridan County, Wyoming; that the publication, 

a copy of which is attached hereto, was published in the 

said newspaper on the following dates: 

July 14, 2015 

That said newspaper was regularly issued and circulated 

on those dates. 

SIGNED: 

02105414 00064306 

Janet Stephens 

State of Wyoming DEQ/AQD 

122 W. 25th St. 2nd-East 

CHEYENNE, WY 82002 

The Wyoming Department of 

Environmental Quality 

The EnvJronmental Quality Council (EQC) will consider proposed changes to the 

Wyoming Air Quality Standards and Regulations (WAOSR) brought forth by the 

Wyoming Department of Environmental Quality (WDEQ) Air QuaHty Division (AQD) 

at a public hearing to be held at 9:00 a.m. on September 9, 2015, at the Community 

Building, i8 Fairgrounds Road, Buffalo, Wyoming. 

The AOD will present the proposed rulemaking to the EQC. The proposed 

rulemaking Wilt involve revising WAQSR Chapter 2, Sections 2 and 12, along with 

Chapter 6, Sections 13 and 14. Chapter 2, Ambient Standards, Section 2, Ambient 

standards for particulate matter, will be updated to include the latest PM2.5 Natlona/ 

Ambient Air Quality Standards (NAAQS). Section 12, Incorporation by reference, is 

being updated to adopt by reference from the Code of Federal Regulations (CFR) for 

July 1, 2014. Chapter 6, Permitting Requirements, Section 13, Nonattainment new 

source review permit requirements, will be updated to include specific nonattafnment 

new source review permit requirements. Section 14, Incorporation by reference, Is 

being updated to adopt by reference from the CFR for July 1, 2014. Chapter 2, 

Section 2, and Chapter 6, Section 13, involve changes to the State Implementation 

Plan (SIP). The AQD will submit these SIP changes to the Environmental Protection 

Agency (EPA). Copies of the public notice, Notice of Intent to Adopt Rules, and the 

proposed rules are available for public inspection at the Department of 

Environmental Quality, Air Quality Division, HerschJer Building, 2nd Floor, 122 W. 

25th Street, Cheyenne, Wyoming. Electronic copies are available at 

http://deq.wyoming.gov/aqd/rule-development/resources/proposed-rules-andregulations/ and the EQC website stated below. If you have questions regarding the 

proposed rules, contact Jeni Cederle, Air Quality Division, at 307-777-7740. 

The notice for submitting written comments on the WDEQ/AQD proposed revisions 

was first publlshed on July 14, 2015, In order for the AOD to file the response to 

comments, written comments should be received no later than s:oo p.m. (MST) on 

August 31, 2015. Written comments should be submitted to: Administrator, 

WOEQ/AQD, Herschler Bullding 2-E, 122 W. 25th Street, Cheyenne, Wyoming, 

82002, or faxed to 307-777-5616. Email comments will not be considered. The AQD 

will file an Analysis of Comments prior to the September 9, 2015 public hearing. The 

entire record and the comments submitted during the comment period can be 

viewed at the EQC website: https://eqc. wyo.gov/Public/Dockets.aspx under the link 

titled "iS-2102." 

The EQC has scheduled a public hearing on September 9, 2015. The EQC will 

consider the proposed rules, written comments, and the response to comments 

along with any modifications proposed by the AQD to the draft rules. At the public 

hearing, oral statements that focus on the written comments, the AQD's analysis of 

comments and issues raised by the analysis will be accepted. The EQC will 

determine if the record will remain open beyond the close of the scheduled hearing. 

If the comment period is extended, the extension will be posted on the Air Quality 

website as well as the above-stated website for the EQC. The EQC, however, may 

close the record and make a final decision regarding the rules at the conclusion of 

the hearing. Those who wish to comment on the prorx:ised revisions should submit 

comments according to the schedule above. 

Any person wishing to use a digital presentation during their testimony before the 

EQC must provide a digital copy to the EQC no less than 3 days prior to the hearing 

unless you contact the EQC and request an extension for good cause. Failure to 

submit a digital copy in a timely manner 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 avaHable upon request for indlviduals with 

disabilities. 

Publish: July 14, 2015. 

BEFORE THE 

ENVIRONMENTAL QUALITY COUNCIL 

STA TE OF WYOMING 

IN THE MATTER OF REVISIONS TO SECTIONS 

TWO AND TWELVE OF CHAPTER TWO; AND 

REVISTONS TO SECTIONS ONE, THIRTEEN, 

AND FOURTEEN OF CHAPTER SIX OF THE 

WYOMING AIR QUALITY STANDARDS AND 

REGULATIONS 

) 

) 

) 

) 

) 

) 

ST A TEMENT 0 F 

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, removed, or added the following 

chapters and sections to the Wyoming Air Quality Standards and Regulations: Chapter 2, 

Ambient Standards, Section 2, Ambient standards for particulate matter, and Section 12, 

Incorporation by reference; Chapter 6, Permitting Requirements, Section I, Introduction 

to permitting requirements, Section 13, Nonattai nment new source review permit 

requirements, and Section 14, Incorporation by reference. 

2. Section 35-11-202 (a) of the Environmental Quality Act states that the Administrator, 

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

ambient air standards or emission control requirements that may be necessary to prevent, 

abate, or control pollution. 

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

requirements 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 

we ll being of the people, animals, wildlife and plant life; 

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

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

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

eliminating the pollution; and 

(E) The social welfare and aesthetic value. 

3. Chapter 2, Ambient Standards, Section 2, Ambient standards for particulate matter, was 

revised to include the updated PM2.s National Ambient Air Quality Standards (NAAQS) 

as of July I, 20 14. Section 12, Incorporation by reference, was updated to adopt by 

reference from the Code of Federal Regulations (CFR) for July I, 2014. Section 12 was 

also revised to include the location on the internet, as defined in W.S. 9-2-1035(a)(iii), of 

the incorporated matter. The revisions to Section 2, Ambient standards for particulate 

matter, and Section 12, Incorporation by reference, involve changes to the State 

Implementation Plan (SIP). 

4. Chapter 6, Permitting Requirements, Section 1, Introduction to permitting requirements, 

was updated to reflect a revised Section 13 title clarifying that the regulation will be 

adopted as a State rule and not adopted by reference from 40 CFR 51.165. Section 13, 

Nonattainment new source review permit requirements, establishes specific 

nonattainment new source review permitting requirements for new and modified major 

stationary sources in a nonattainment area. Section 14, f ncorporation by reference, was 

updated to adopt by reference from the CFR as of July I, 2014. The revisions to Section 

13, Nonattainment new source review permit requirements, and Section 14, fncorporation 

by reference, involve changes to the State Implementation Plan (STP). 
The Council finds that these regulations are reasonable and necessary to accomplish the policy 

and purpose of the Act, as stated in W.S. 35-11-102, and that they have been promulgated in 

accordance with rulemaking provisions of the Wyoming Administrative Procedures Act. 

A .t>r(loJJ (_LA fl}<- Heari~g Examiner - Printed Name 

Wyoming Environmental Quality Council 

2 

Hearing Examiner - Signed Name 

Wyoming Environmental Quality Council 
Department of Environmental Quality 

To protect, conserve and enhance the quality of Wyoming's 

environment for the benefit of current and future generations. 

Matthew H. Mead, Governor 

August 31 , 2015 

Mr. Carl Daly 

Air Program Director 

US-EPA, Region 8 

1595 Wynkoop St. 

Denver, CO 80202-1129 

Todd Parfitt, Director 

RE: Response to Environmental Protection Agency (EPA) Region 8 Comments on Wyoming's 

Nonattainment New Source Review State Implementation Plan (SIP) Revision (R-25) 

Dear Mr. Daly: 

Thank you for submitting your comment regarding the EPA's preliminary review of the proposed 

revisions to Chapter 6, Section 13, Nonattainment new source review permit requirements, of the 

Wyoming Air Quality Standards and Regulations (WAQSR). The Wyoming Depa1tment of 

Environmental Quality - Air Quality Division (Division) is appreciative of the EPA's comment stating 

that no approvability issues were found during the preliminary review of the proposed revisions to 

WAQSR Chapter 6, Section 13. Furthermore, the Division sincerely reciprocates the EPA's expressed 

appreciation for the collaborative work between the two organizations in developing these regulations. 

The Division also acknowledges that the EPA will not come to a final conclusion regarding 

Wyoming's nonattainment new source review SIP revision until it takes action on the SIP submittal 

through its own public notice-and-comment rulemaking. Please feel free to contact me at 307-777-7740 

if you have any questions regarding the proposed rulemaking. 

Sincerely, 

9c~ Supervisor - SIP and Rulemaking Section 

Air Quality Division 

cc: Monica Morales, EPA R8 

Kevin Leone, EPA R8 

Amber Potts, AQD 

Mike Morris, AQD 

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

ADMIN/OUTREACll ABANDONED MINES 

(307) 777 7758 (307) 777-61 45 

FAX 777 7682 r AX 777 6462 

AIR QUALITY 

(307) 777.7391 

FAX 777 5616 

INDUSTRIAL SITING 

(307) 777 7369 

FAX 777 5973 

LAND QUALITY 

(307) 777-7756 

FAX 777 5864 

SOLID & HAZ WAST[ 

(307) 777 7752 

FAX 777 -5973 

WATER QUALITY 

(307) 7777781 

FAX 777 5973 
Aug/28/2015 11:04:11 AM EPA 303-312-6064 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGIONS 

1595 Wynkoop Street 

DENVER. CO 80202·1129 

Phone 800-227-8917 

2/2 

http://www.epa.gov/region08 

AUS 2 8 2015 

Ref: 8P-AR 

fD)lE ©~a \YI [En fll AUG 2 8 2015 LJ 

AIR QUALITY DIVISION 

Mr. Steve Dietrich, Administrator 

Air Quality Division 

Wyoming Department of Envirnnmental Quality 

Herschler Building 2-E. 122 W. 2Slll Street 

Cheyenne, Wyotning,82002 

Re: EPA Region 8 Comments on Wyoming1s Nonattainment New Source Review State Implementation 

Plan (SIP) Revisions 

Dear Mr. Dietrich: 

The Environmental Protection Agency has completed a preliminary review of Wyoming's amendments 

to add Chapter 6, Section 13, Nonattainment New Source Review Permit requirements to the state's SIP. 

The addition of Chapter 61 Section 13 is essential for Wyoming in order to permit and enforce state and 

federal regulations for major stationary sources in the Upper Green River Basin area, which is 

designated as a marginal ozone nonattainment area. As indicated in our April 27, 2015, comment letter, 

we found no approvability issues with Chapter 61 Section 13. We appreciate the Air Quality Division1s 

efforts in working closely with us to develop these requirements and also your stairs knowledge and 

expertise. 

We understand that you intend to consider and respond to all comments before finalizing this SIP 

revision. Please note that we will only come to a final conclusion regarding the amendments to your Air 

Quality Standards and Regulations when we take action on the SIP submittal through our own public 

notice-and-comment rulemaking. 

Thank you for the opportunity to work with you and your staff during the review of your N onattainment 

New Source Review revisions. If you have any questions on EPA, s comments, please contact me, or 

your staff may contact Kevin Leone at (303) 312-6227. 

GJ01 

Carl Daly,;:::. 6 

Air Program 
Filed: 09/25/2015 WEQC

ENVIRONMENT AL QUALITY COUNCIL 

Buffalo, Wyoming 

Sept 9, 2015 - 9:00 AM 

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to Comment 
THE STATE OF WYOMING 

ENVIRONMENTAL QUALITY 

COUNCIL AGENDA 

SEPTEMBER 9TH AND 1 OTH, 2015 MEETING WILL CONVENE AT 9:00 

A.M. Community Building 18 Fairgrounds Rd, Buffalo. WY 82834. 

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. 

CALL TO ORDER - Introduction of Council Members & Staff 

CASE UPDATES 

APPROVAL OF JULY 8TH 2015 MINUTES 

FINAL HEARING I PUBLIC HEARING 

· Docket 15-2102 AIR QUALITY PUBLIC HEARING At 9:00 a.m. the 

public hearing on this matter will convene. The proposed rulemaking 

will involve revising WAQSR Chapter 2, Sections 2 and 12, along with 

Chapter 6, Sections 13 and 14. Chapter 2, Ambient Standards, 

Section 2, Ambient standards for particulate matter, will be updated to 

include the latest PM2.5 National Ambient Air Quality Standards 

(NAAQS). Section 12, Incorporation by reference, is being updated to 

adopt by reference from the Code of Federal Regulations (CFR) for 

July 1, 2014. Chapter 6, Permitting Requirements, Section 13, 

Nonattainment new source review permit requirements, will be 

updated to include specific nonattainment new source review permit 

requirements. Section 14, Incorporation by reference, is being 

updated to adopt by reference from the Code of Federal Regulations 

(CFR) for July 1, 2014. 

CONSENT AGENDA 

· NOTICE OF VIOLATION AND ORDER 

0 Docket 15-5201 IN RE DEVILS TOWER Failure to Pay Annual 

Tank fee by January 1 Failure to have Licensed Class A and B 

Operators 

· ADMINISTRATIVE ORDER ON CONSENT 

MATTERS PENDING FURTHER ACTION 

· Docket 15-3101 WATER QUALITY RULES AND REGUALTIONS 
RULEMAKING Chapters 15 and 25 

. Docket 15-1101 REQUEST FOR RULEMAKING TO ALLOW FOR 

FILING OF ELECTRONIC COMMENTS. The Powder River Resource 

Council filed a request with the Council to promulgate a rule for the 

DEQ allowing for the filing of Electronic Comments. 

OTHER BUSINESS 

. Rules of Practice and Procedure Review with Staff the history and 

next steps for adoption of EQC Rules of Practice and Procedure 

. Quarterly Meetings 2016 2016 EQC meetings: March 17 and 18, 

June 15 and 16, September 21 and 22, November 16 and 17. 

. EXECUTIVE SESSION Personnel Matters 

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 4/30/15

6-1

REDLINE/STRIKEOUT VERSION

FOR INFORMATIONAL PURPOSES ONLY

Permitting Requirements

CHAPTER 6

Section 13. Nonattainment new source review permit requirements. Nonattainment 

permit requirements.

(a) 40 CFR part 51.165 is herein incorporated by reference, in its entirety, with the 

exception of paragraph (a) and paragraph (a)(1). This section applies to new major stationary 

sources or major modifications to existing major stationary sources located in areas of the state 

which are designated as nonattainment pursuant to Section 107 of the Clean Air Act for any 

regulated NSR pollutant.

 

(b) Definitions. For purposes of this section:

“Act” means Clean Air Act, as amended, 42 U.S.C 7401, et seq.

“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 plantwide applicability limitation (PAL) under paragraph 

(g)(i) 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.
Draft 4/30/15

6-2

“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 federally enforceable 

limits which restrict 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 standards for 

hazardous air pollutants promulgated by the EPA but not yet adopted by the State of Wyoming;

(ii) Any other applicable, SIP-approved emission limit, including those with a 

future compliance date; or

(iii) The emission rate specified as a federally enforceable permit condition, 

including those with a future compliance date. 

“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 noncompliant 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 if required 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 
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6-3

received by the Division for a Chapter 6, Section 13 permit, or under a plan approved by the 

EPA Administrator, whichever is earlier, except that the 10-year period shall not include any 

period earlier than November 15, 1990. 

(A) The average rate shall include fugitive emissions to the extent 

quantifiable, and emissions associated with startups, shutdowns, and malfunctions. 

(B) The average rate shall be adjusted downward to exclude any noncompliant 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 (e)(vii) of this section. 

(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 major 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. 

“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.
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6-4

“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 Act, which would be 

emitted from or which results from 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 of 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 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.

“Commence”, 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, to be completed within a reasonable time 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.

“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.
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6-5

“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 monitor 

process and control device operational parameters (for example, control device secondary 

voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2

concentrations), and to record average operational parameter value(s) on a continuous basis. 

“Division” means the Air Quality Division of the Wyoming Department of 

Environmental Quality. 

“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 steamelectric 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. A replacement unit, as defined in this section, is 

an existing emissions unit. 

“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 part 51, 

subpart I, including operating permits issued under Chapter 6, Section 3 of these regulations. 

“Federal Land Manager” means, with respect to any lands in the United States, the 
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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.

“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.

“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 (VOCs) 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;

(B) 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;

(C) Use of an alternative fuel by reason of an order under section 125 of 

the Act;

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

generating plant;

(E) Use of an alternative fuel or raw material, if prior to December 21, 
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6-7

1976, 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) 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;

(G) Change in ownership of the stationary source;

(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.

(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 

(g)(i) of this section for a PAL for that pollutant. Instead, the definition in paragraph (g)(i)(B) 

for “PAL major modification” of this section shall apply.

(iii) For the purposes of applying the requirements of paragraph (f)(i) of this 

section to modifications at major stationary sources of nitrogen oxides located in ozone 

nonattainment areas or in ozone transport regions, whether or not subject to subpart 2, part D, 

title I of the Act, any significant net emissions increase of nitrogen oxides is considered 

significant for ozone.

(iv) Any physical change in, or change in the method of operation of, a major 

stationary source of VOCs that results in any increase in emissions of VOCs from any discrete 

operation, emissions unit, or other pollutant emitting activity at the source shall be considered a 

significant net emissions increase and a major modification for ozone, if the major stationary 

source is located in an extreme ozone nonattainment area that is subject to subpart 2, part D, title 

I of the Act.

“Major stationary source”

(i) Means: 

(A) Any stationary source of air pollutants that emits, or has the potential 

to emit, 100 tons per year or more of any regulated NSR pollutant, except that lower emissions 

thresholds shall apply in areas subject to subpart 2, subpart 3, or subpart 4 of part D, title I of the 

Act, according to paragraphs (I) through (VI) below:
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6-8

(I) 50 tons per year of VOCs in any serious ozone nonattainment 

area.

(II) 50 tons per year of VOCs in an area within an ozone transport 

region, except for any severe or extreme ozone nonattainment area.

(III) 25 tons per year of VOCs in any severe ozone nonattainment 

area.

(IV) 10 tons per year of VOCs in any extreme ozone 

nonattainment area.

(V) 50 tons per year of carbon monoxide in any serious 

nonattainment area for carbon monoxide, where stationary sources contribute significantly to 

carbon monoxide levels in the area (as determined under rules issued by the EPA Administrator).

(VI) 70 tons per year of PM10 in any serious nonattainment area 

for PM10;

(B) For the purposes of applying the requirements of paragraph (f)(i) of 

this section to stationary sources of nitrogen oxides located in an ozone nonattainment area or in 

an ozone transport region, any stationary source which emits, or has the potential to emit, 100 

tons per year or more of nitrogen oxides emissions, except that the emission thresholds in 

paragraphs (I) through (VI) below shall apply in areas subject to subpart 2 of part D, title I of the 

Act:

(I) 100 tons per year or more of nitrogen oxides in any ozone 

nonattainment area classified as marginal or moderate.

(II) 100 tons per year or more of nitrogen oxides in any ozone 

nonattainment area classified as a transitional, submarginal, or incomplete or no data area, when 

such area is located in an ozone transport region.

(III) 100 tons per year or more of nitrogen oxides in any area 

designated under section 107(d) of the Act as attainment or unclassifiable for ozone that is 

located in an ozone transport region.

(IV) 50 tons per year or more of nitrogen oxides in any serious 

nonattainment area for ozone.

(V) 25 tons per year or more of nitrogen oxides in any severe 

nonattainment area for ozone.

(VI) 10 tons per year or more of nitrogen oxides in any extreme 

nonattainment area for ozone; or
Draft 4/30/15

6-9

(C) Any physical change that would occur at a stationary source not 

qualifying under paragraphs (i)(A) or (B) of this definition as a major stationary source, if the 

change would constitute a major stationary source by itself.

(ii) A major stationary source that is major for VOCs shall be considered major 

for ozone.

(iii) The fugitive emissions of a stationary source shall not be included in 

determining for any of the purposes of this paragraph whether it is a major stationary source, 

unless the source belongs to one of the following categories of stationary sources:

coal cleaning plants (with thermal dryers); kraft pulp mills; Portland cement plants; primary zinc 

smelters; iron and steel mills; primary aluminum ore reduction plants; primary copper smelters; 

municipal incinerators capable of charging more than 250 tons of refuse per day; hydrofluoric, 

sulfuric, or 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--the term chemical processing plant shall not include ethanol production facilities 

that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140; fossilfuel boilers (or combination thereof) totaling more than 250 million British thermal units per 

hour heat input; petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels; taconite ore processing plants; glass fiber processing plants; charcoal production 

plants; fossil fuel-fired steam electric plants of more than 250 million British thermal units per 

hour heat input; and any other stationary source category which, as of August 7, 1980, is being 

regulated under section 111 or 112 of the Act.

“Net emissions increase” means, 

(i) With respect to any regulated NSR pollutant emitted by a major stationary 

source, the amount by which the sum of the following exceeds zero:

(A) 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 (c)(ii)(B) of 

this section; 

(B) 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.

(ii) 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 
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6-10

commences; and

(B) The date that the increase from the particular change occurs.

(iii) An increase or decrease in actual emissions is creditable only if:

(A) It occurs within a reasonable period specified by the Division; 

(B) The Division has not relied on it in issuing a Chapter 6, Section 13 

permit for the source, which is in effect when the increase in actual emissions from the particular 

change occurs; and

(C) As it pertains to an increase or decrease in fugitive emissions (to the 

extent quantifiable), it occurs at an emissions unit that is part of one of the source categories 

listed in paragraph (iii) in the definition of “Major stationary source” of this section or it occurs 

at an emissions unit that is located at a major stationary source that belongs to one of the listed 

source categories. Fugitive emission increases or decreases are not creditable for those 

emissions units located at a facility whose primary activity is not represented by one of the 

source categories listed in paragraph (iii) in the definition of “Major stationary source” of this 

section and are not, by themselves, part of a listed source category. 

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

level of actual emissions exceeds the old level.

(v) 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) The Division has not relied on it in issuing any permits approved 

pursuant to 40 CFR part 51 subpart I or in demonstrating attainment or reasonable further 

progress;

(D) It has approximately the same qualitative significance for public 

health and welfare as that attributed to the increase from the particular change; and

(vi) 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.

(vii) The definition of “Actual emissions” of this section, shall not apply for 

determining creditable increases and decreases after a change.
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“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 federally 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, O2 or CO2 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; 

(B) Shall include fugitive emissions to the extent quantifiable and 

emissions associated with startups, shutdowns, and malfunctions; and

(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 
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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. 

“Regulated NSR pollutant”, for purposes of this section, means the following: 

(i) Nitrogen oxides or any VOCs.

(ii) Any pollutant for which a national ambient air quality standard has been 

promulgated. 

(iii) Any pollutant identified under this paragraph as a constituent or precursor to 

a pollutant listed above under paragraphs (i) and (ii) of this definition, provided that such 

constituent or precursor pollutant may only be regulated under NSR as part of regulation of the 

general pollutant. Precursors identified by the EPA Administrator for purposes of NSR are the 

following:

(A) VOCs and nitrogen oxides are precursors to ozone in all attainment 

and unclassifiable areas.

(B) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment 

areas.

(C) Nitrogen oxides are presumed to be precursors to PM2.5 in all 

nonattainment 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 PM2.5 concentrations.

(D) VOCs and ammonia are presumed not to be precursors to PM2.5 in 

any nonattainment area, unless the State demonstrates to the EPA Administrator’s satisfaction or 

EPA demonstrates that emissions of VOCs from sources in a specific area are a significant 

contributor to that area’s ambient PM2.5 concentrations.

(iv) PM2.5 emissions and PM10 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 PM2.5 and PM10 in Chapter 6, Section 13 permits. Compliance with emissions limitations for 

PM2.5 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 subsection unless the applicable 

implementation plan required condensable particulate matter to be included.

“Replacement unit” means an emissions unit for which all the criteria listed below in this 

definition are met. No creditable emission reductions shall be generated from shutting down the 

existing emissions unit that is replaced.
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(i) The emissions unit is a reconstructed unit within the meaning of

40 CFR part 60.15(b)(1), 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).

(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.

“Reviewing Authority” means Administrator of the Division of Air Quality, Wyoming 

Department of Environmental Quality.

“Secondary emissions” means emissions which would 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. 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, or from a vessel.

“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 RATE

Carbon monoxide: 100 tons per year (tpy)

Nitrogen oxides: 40 tpy

Sulfur dioxide: 40 tpy

PM10: 15 tpy of PM10 emissions

PM2.5: 10 tpy of direct PM2.5 emissions;

40 tpy of sulfur dioxide emissions;

40 tpy of nitrogen oxide emissions
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unless demonstrated not to be a PM2.5

precursor under the definition 

of “Regulated NSR pollutant” in this section 

Ozone: 40 tpy of VOCs or nitrogen oxides

Lead: 0.6 tpy 

(ii) Notwithstanding the significant emissions rate for ozone in paragraph (i) of 

this definition, “significant” means, in reference to an emissions increase or a net emissions 

increase, any increase in actual emissions of VOCs that would result from any physical change 

in, or change in the method of operation of, a major stationary source locating in a serious or 

severe nonattainment area that is subject to subpart 2, part D, title I of the Act, if such emissions 

increase of VOCs exceeds 25 tons per year.

(iii) For the purpose of applying the requirements of paragraph f(i) of this section 

to modifications at major stationary sources of nitrogen oxides located in an ozone 

nonattainment area or in an ozone transport region, the significant emission rates and other 

requirements for VOCs in paragraphs (i), (ii) and (v) of this definition shall apply to nitrogen 

oxide emissions. 

(iv) Notwithstanding the significant emissions rate for carbon monoxide under 

paragraph (i) of this definition, “significant” means, in reference to an emissions increase or net 

emissions increase, any increase in actual emissions of carbon monoxide that would result from 

any physical change in, or change in the method of operation of, a major stationary source in a 

serious area for carbon monoxide if such increase equals or exceeds 50 tons per year, provided 

the EPA Administrator has determined that stationary sources contribute significantly to carbon 

monoxide levels in the area.

(v) Notwithstanding the significant emission rates for ozone under paragraphs (i) 

and (ii) of this definition, any increase in actual emissions of VOCs from any emissions unit at a 

major stationary source of VOCs located in an extreme ozone nonattainment area that is subject 

to subpart 2, part D, title I of the Act shall be considered a significant net emissions increase.

“Significant emissions increase” means, for a regulated NSR pollutant, an increase in 

emissions that is significant (according to 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 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. Pollutant-emitting 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 
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Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock 

numbers 4101-0065 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.

(c) Non-attainment New Source Review (NNSR) Permit Required. 

(i) New major stationary sources or major modifications to existing major 

stationary sources must obtain an NNSR permit before beginning actual construction if they are 

located in an area designated nonattainment for any national ambient air quality standard if the 

source is major for the pollutant for which the area is designated nonattainment. 

Notwithstanding the source category-based exemptions set forth under Chapter 6, Section 2(k), 

any new major stationary facility or major stationary source undergoing a major modification 

under this Section will not be granted any of the Section 2(k) exemptions. 

(ii) Except as provided by a PAL under paragraph (g) of this section, a proposed 

project is considered a major modification (as defined in the definition for “Major modification” 

in Section 13(b)) to an existing major source if the proposed project meets the criteria outlined in 

paragraphs in Section 13(c)(ii)(A) through (E) below:

(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 13(b)), and a significant net emissions 

increase (as defined in the definitions for “Significant emissions increase”, “Net emissions 

increase” and “Significant” in Section 13(b)). 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.

(B) 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 (C) through (E) below. 

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 13(b). Regardless of any 

such preconstruction projections, a major modification results if the project causes a significant 

emissions increase and a significant net emissions increase.

(C) Actual-to-projected-actual applicability test for projects that only 
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6-16

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 13(b)) and the baseline 

actual emissions (as defined in the definition for “Baseline actual emissions” in Section 13(b), as 

applicable), for each existing emissions unit, equals or exceeds the significant amount for that 

pollutant (as defined in the definition for “Significant” in Section 13(b)).

(D) 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 if the sum of the difference between the potential to emit (as defined in the 

definition for “Potential to emit” in Section 13(b)) from each new emissions unit following 

completion of the project and the baseline actual emissions (as defined in the definition for 

“Baseline actual emissions” in Section 13(b)) of these units before the project equals or exceeds 

the significant amount for that pollutant (as defined in the definition for “Significant” in Section 

13(b)).

(E) Hybrid test for projects that involve multiple types of emissions units. 

A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of 

the emissions increases for each emissions unit, using the method specified in paragraphs (C) 

through (D) above 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 for 

“Significant” in Section 13(b)).

(d) NNSR Permit.

(i) Requirements for construction or modification of a source specified under 

Chapter 6, Section 2 of these regulations shall apply.

(ii) 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. 

(A) Before beginning actual construction of the project, the owner or 

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

(I) A description of the project;

(II) Identification of the emissions unit(s) whose emissions of a 

regulated NSR pollutant could be affected by the project; and

(III) 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 13(b) and an 

explanation for why such amount was excluded, and any netting calculations, if applicable.
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6-17

(B) Before beginning actual construction, the owner or operator shall 

provide the information set out in paragraph (d)(ii)(A) of this section to the Division as a Chapter 

6, Section 2 permit application. 

(C) 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 (d)(ii)(A)(II) 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 if the project increases the design 

capacity or potential to emit of that regulated NSR pollutant at such emissions unit.

(D) 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 generated under paragraph 

(d)(ii)(C) of this section setting out the unit’s annual emissions during the calendar year that 

preceded submission of the report.

(iii) The owner or operator of the source shall make the information required to 

be documented and maintained pursuant to paragraph (d)(ii) 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).

(iv) All requirements for construction or modification of a major source listed 

under 40 CFR 51, Appendix S, Section IV (A) shall apply. Notwithstanding the requirements of 

Chapter 6, Section 2(c)(v), the BACT analysis requirement is hereby superseded by the 

Appendix S, Section IV(A), Condition 1, LAER analysis requirement. 

(v) Approval to construct does not relieve an owner or operator of the 

responsibility to comply with applicable provisions of this section, the Act or any other 

requirements under local, state or federal law. 

(vi) 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 the provisions of Chapter 6, Section 2 and 13 

shall apply to the source or modification as though construction had not yet commenced on the 

source or modification. 

(e) Determining Credit for Emission Offsets. The baseline for determining credit for 

emission offsets is the emission limit in effect at the time the application to construct is filed, 

except that the offset baseline is the actual emission of the unit from which offset credit is 

obtained if the demonstration of reasonable further progress and attainment of ambient air 

quality standards is based upon the actual emission of sources located within a designated 

nonattainment area; or if there is no applicable emission limit. In determining credit for emission 

offsets, the following criteria shall be met:
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6-18

(i) If the emissions limit allows greater emissions than the potential to emit of the 

unit, the emission offset credit is allowed only for the control below the potential to emit of the 

unit; 

(ii) For an existing fuel combustion unit, credit shall be based on the emission 

limit for the type of fuel being burned at the time the application to construct is filed. If the 

existing source agrees to switch to a cleaner fuel at some future date, emission offset credits 

based on the allowable or actual emissions for the fuels involved may be allowed only if permit 

conditions specify an alternative control measure that would achieve the same degree of 

emission reduction if the source switched back to the dirtier fuel at some later date. The owner 

or operator will submit a demonstration to ensure that adequate long-term supplies of the new 

fuel are available before the Division grants emission offset credit for fuel switches;

(iii) Emission reductions achieved by shutting down an existing unit or curtailing 

production or operating hours below baseline levels may be credited if the reductions are surplus, 

permanent, quantifiable, federally enforceable, and the area has a federally-approved attainment 

plan. In addition, the shutdown or curtailed production must occur after August 7, 1977, or less 

than one year before the date of submitting the permit application, whichever is earlier. 

Emission reductions may be credited in the absence of a federally-approved attainment plan if 

the shutdown or curtailment occurred on or after the date the application is filed for a new unit or 

if the applicant can establish that the proposed new unit is a replacement for the shutdown or 

curtailed unit, and the shutdown or curtailment occurred after August 7, 1977, or less than one 

year before the date of submitting the permit application, whichever is earlier;

(iv) Emission offset credit may not be allowed for replacing one hydrocarbon 

compound with another of lesser reactivity except for those compounds listed in Table 1 of 

EPA’s “Recommended Policy on Control of Volatile Organic Compounds” (42 FR 35314, July 

8, 1977); 

(v) All emission reductions claimed as offset credit must be federally 

enforceable;

(vi) The permissible location of offsetting emissions shall be conducted in 

accordance with 40 CFR 51, Appendix S, section IV. D;

(vii) Credit for emissions reduction may be claimed to the extent that the 

Division has not relied on it in issuing a permit or in its demonstration of attainment or 

reasonable further progress;

(viii) The total tonnage of increased emissions, in tons per year, resulting from a 

major modification that must be offset shall be determined by summing the difference between 

the allowable emissions after the modification and the actual emissions before the modification 

for each emission unit; 

(ix) External offsets or those emission limitations from sources not owned, 
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6-19

operated, or controlled by an applicant for a permit shall be made through a revision of the 

permit conditions of the participating source or sources. At no time may the baseline be 

exceeded;

(x) The offset ratio of total actual emissions reductions to the emissions increase 

shall be at least 1 to 1 unless an alternative ratio is provided in accordance with the ozone 

nonattainment offset requirements listed below in (x)(A) through (D):

(A) The Administrator may impose an alternative ratio that is more 

stringent than the applicable numerical ratios listed in (B) through (D). 

(B) For ozone nonattainment areas subject to subpart 2, part D, title I of 

the Act, the ratio of total actual emissions reductions of VOCs to the emission increase of VOCs 

shall be as follows:

(I) In any marginal nonattainment area for ozone--at least 1.1:1;

(II) In any moderate nonattainment area for ozone--at least 1.15:1;

(III) In any serious nonattainment area for ozone--at least 1.2:1;

(IV) In any severe nonattainment area for ozone--at least 1.3:1 

(except that the ratio may be at least 1.2:1 if the approved State Implementation Plan also 

requires all existing major sources in such nonattainment area to use BACT for the control of 

VOCs); and

(V) In any extreme nonattainment area for ozone--at least 1.5:1 

(except that the ratio may be at least 1.2:1 if the approved State Implementation Plan also 

requires all existing major sources in such nonattainment area to use BACT for the control of 

VOCs).

(C) Notwithstanding the requirements of paragraph (x)(A) of this section, 

the ratio of total actual emissions reductions of VOCs to the emissions increase of VOCs shall be 

at least 1.15:1 for all areas within an ozone transport region that is subject to subpart 2, part D, 

title I of the Act, except for serious, severe and extreme nonattainment areas that are subject to 

subpart 2, part D, title I of the Act.

(D) For ozone nonattainment areas subject to subpart 1, part D, title I of 

the Act (but are not subject to subpart 2, part D, title I of the Act, including 8-hour ozone 

nonattainment areas subject to 40 CFR 51.902(b)), the ratio of total actual emissions reductions 

of VOCs to the emission increase of VOCs shall be at least 1:1.

(f) Application in ozone, PM10, and PM2.5 nonattainment areas

(i) Requirements of this section which apply to major stationary sources and 

major modifications of VOCs shall also apply to nitrogen oxides emissions from major 
Draft 4/30/15

6-20

stationary sources and major modifications of nitrogen oxides in an ozone transport region or in 

any ozone nonattainment area, except in ozone nonattainment areas or portions of an ozone 

transport region where the EPA Administrator has granted a NOx waiver applying the standards 

set forth under section 182(f) of the Act and the waiver continues to apply.

(ii) Except as provided under paragraph f(iii) below, requirements of this section 

which apply to major stationary sources and major modifications of PM10 shall also apply to 

major stationary sources and major modifications of PM10 precursors, except where the EPA 

Administrator determines that such sources do not contribute significantly to PM10 levels that 

exceed the PM10 ambient standards in the area. 

(iii) Requirements of this section shall not apply in the Sheridan PM10

nonattainment area, where a major source construction ban is in place per the requirements of 

Chapter 6, Section 2(c)(ii)(B) of these regulations. 

(iv) In meeting the requirements of Section 13(e), the emission offsets obtained 

shall be for the same regulated NSR pollutant, with the following exception provided for PM2.5. 

Direct PM2.5 emissions or emissions of precursors of PM2.5 may be offset by direct PM2.5

emissions or any PM2.5 precursors identified in the definition for “Regulated NSR pollutant” in 

Section 13(b) if such offsets comply with the interprecursor trading hierarchy and ratio 

established in the Wyoming State Implementation Plan. 

(g) Actuals Plantwide Applicability Limitations (PALs).

(i) The Division may approve the use of an actuals PAL for any existing major 

stationary source if the PAL meets the requirements specified in paragraphs (g)(i)(A) through 

(O) of this section. 

(A) Applicability. 

(I) The term “PAL” shall mean “actuals PAL” throughout 

subsection (g)(i). The Division will not allow an actuals PAL for VOC or NOx for any major 

stationary source located in an extreme ozone nonattainment area.

(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 (g)(i)(A) through (O) 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 13 permit; and 

(3.) Is not subject to the provisions in paragraph (d)(vi) of 

this section (restrictions on relaxing enforceable emission limitations that the major stationary 
Draft 4/30/15

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source used to avoid applicability of Chapter 6, Section 13). 

(III) Except as provided under paragraph (g)(i)(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 (g)(i)(A) through (O) of this section. When a term is not defined in 

the paragraphs below, it shall have the meaning given in paragraph (b) of this section, or in the 

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 

13(b)) of all emissions units (as defined in the definition for “Emission Unit” in Section 13(b)) 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 13(b), 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 13(b), except that the words “or enforceable 

as a practical matter” should be added after “federally 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 Act for nonattainment areas. (For example, in accordance with 

the definition of major stationary source in section 182(c) of the Act, an emissions unit would be 

a major emissions unit for VOCs 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 of VOCs 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 
Draft 4/30/15

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effective date and ending 10 years later.

“PAL major modification” means, notwithstanding the definitions for

“Major modification” and “Net emissions increase” in Section 13(b), 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 and Section 13 permit 

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

“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 (g)(i)(A) through (O) 

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 13(b) or in the 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 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 13(b) or in the 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 (g)(i)(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; and

(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 

(g)(i)(M)(I) of this section. 
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(D) General Requirements for Establishing PALs.

(I) The Division may establish a PAL at a major stationary source, 

provided that at a minimum, the requirements in paragraphs (g)(i)(D)(I)(1.) 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 (g)(i)(E) of this section.

(3.) The PAL permit shall contain all the requirements of 

paragraph (g)(i)(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 (g)(i)(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 paragraph (e) of this section 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 procedure that is 
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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-Year Actuals PAL Level. 

(I) Except as provided in paragraph (g)(i)(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 13(b)) 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 13(b) or 

under the 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 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 (g)(i)(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 (g)(i)(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 (g)(i)(J) of this 

section before the end of the PAL effective period, then the PAL shall 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; 
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(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 (g)(i)(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 

(g)(i)(C)(III) 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 (g)(i)(M) 

of this section; 

(VIII) A requirement to retain the records required under 

paragraph (g)(i)(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 

(g)(i)(N) of this section by the required deadlines; and 

(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;

b. Reduce the PAL if the owner or operator of the 

major stationary source creates creditable emissions reductions for use as offsets under Section 

13(e); and 

c. Revise the PAL to reflect an increase in the PAL 

as provided under paragraph (g)(i)(K) of this section. 

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

following: 
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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 

(g)(i)(H)(II)(1.)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 (g)(i)(E) of this section. 

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

the procedures in paragraph (g)(i)(J) of this section shall expire at the end of the PAL effective 

period, and the requirements in paragraphs (g)(i)(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 (g)(i)(I)(I)(1.) and (2.) of this section. 

(1.) Within the time frame specified for PAL renewals in 

paragraph (g)(i)(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 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 (g)(i)(J)(V) of this 

section, such distribution shall be made as if the PAL had been adjusted. 

(2.) The Division shall decide whether and how the PALallowable 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 
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allowable limits for each emissions unit, or each group of emissions units, as required under 

paragraph (g)(i)(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 13 requirements if such change 

meets the definition of “Major modification” in Section 13(b). 

(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 (d)(vi) of this section, but were eliminated by the PAL in accordance with the 

provisions in paragraph (g)(i)(A)(II)(3.) of this section. 

(J) Renewal of a PAL. 

(I) The Division shall follow the procedures specified in paragraph 

(g)(i)(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 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 (g)(i)(J)(III)(1.) through (4.) of this 

section. 

(1.) The information required in paragraphs (g)(i)(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); and 

(4.) Any other information the owner or operator wishes 

the Division to consider in determining the appropriate level for renewing the PAL. 
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(IV) PAL Adjustment. In determining whether and how to adjust 

the PAL, the Division shall consider the options outlined in paragraphs (g)(i)(J)(IV)(1.) and (2.) 

of this section; however, in no case may any such adjustment fail to comply with paragraph 

(g)(i)(J)(IV)(3.) of this section. 

(1.) If the emissions level calculated in accordance with 

paragraph (g)(i)(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 (g)(i)(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 (g)(i)(J)(IV)(1.) and (2.) 

of this section: 

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 (g)(i)(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 if 

the major stationary source complies with the provisions in paragraphs (g)(i)(K)(I)(1.) 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 
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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 (g)(i)(K)(I)(1.) 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 requirements resulting from the 

Chapter 6, Section 13 process (for example, LAER), 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 (g)(i)(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 (g)(i)(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 (g)(i)(L)(II)(1.) through (4.) of this section and must be approved by the Division.
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(3.) Notwithstanding paragraph (g)(i)(L)(I)(2.) of this 

section, an alternative monitoring approach that meets paragraph (g)(i)(L)(I)(1.) of this section 

may be employed 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 when 

conducted in accordance with the minimum requirements in paragraphs (g)(i)(L)(III) 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 
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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: 

(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 

(g)(i)(L)(III) through (VII) 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 subsection (g)(i) 

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 (g)(i)(N)(I) through (III) 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 (g)(i)(N)(I)(1.) 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 

(g)(i)(M)(I) of this section; 

(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), 
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6-33

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 (g)(i)(L)(VII) of this 

section; and 

(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 as 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. 

(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. 

(O) Transition Requirements.

(I) The Division shall not issue a PAL that does not comply with 

the requirements in paragraphs (g)(i)(A) through (O) of this section after the EPA Administrator 

has approved this regulation into the Wyoming State Implementation Plan.

(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 
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complies with the requirements of paragraphs (g)(i)(A) through (O) of this section.

(ii) 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.

Section 14. Incorporation by reference.

(a) Code of Federal Regulations (CFR). Except as otherwise noted, all Code of Federal 

Regulations (CFRs) cited in this chapter, including their Appendices, revised and published as of 

July 1, 20132014, not including any later amendments, are incorporated by reference. Copies of 

the Code of Federal Regulations are available for public inspection and can be obtained at cost 

from the Department of Environmental Quality, Division of Air Quality, Cheyenne Office. 

Contact information for the Cheyenne Office can be obtained at http://deq.state.wy.us

http://deq.wyoming.gov/. Copies of the CFRs can also be obtained at cost from Government 

Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214, or online at 

http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR
6-1

FOR INCLUSION IN WYOMING STATE IMPLEMENTATION PLAN

FROM WYOMING AIR QUALITY STANDARDS AND REGULATIONS

Permitting Requirements

CHAPTER 6

Section 13. Nonattainment new source review permit requirements.

(a) This section applies to new major stationary sources or major modifications to 

existing major stationary sources located in areas of the state which are designated as 

nonattainment pursuant to Section 107 of the Clean Air Act for any regulated NSR pollutant.

 

(b) Definitions. For purposes of this section:

“Act” means Clean Air Act, as amended, 42 U.S.C 7401, et seq.

“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 plantwide applicability limitation (PAL) under paragraph 

(g)(i) 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 federally enforceable 
6-2

limits which restrict 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 standards for 

hazardous air pollutants promulgated by the EPA but not yet adopted by the State of Wyoming;

(ii) Any other applicable, SIP-approved emission limit, including those with a 

future compliance date; or

(iii) The emission rate specified as a federally enforceable permit condition, 

including those with a future compliance date. 

“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 noncompliant 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 if required 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 13 permit, or under a plan approved by the 

EPA Administrator, whichever is earlier, except that the 10-year period shall not include any 
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period earlier than November 15, 1990. 

(A) The average rate shall include fugitive emissions to the extent 

quantifiable, and emissions associated with startups, shutdowns, and malfunctions. 

(B) The average rate shall be adjusted downward to exclude any noncompliant 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 (e)(vii) of this section. 

(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 major 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.

“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 
6-4

emission standard) based on the maximum degree of reduction of each pollutant subject to 

regulation under these Standards and Regulations or regulation under the Act, which would be 

emitted from or which results from 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 of 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 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.

“Commence”, 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, to be completed within a reasonable time 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.

“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 
6-5

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 monitor 

process and control device operational parameters (for example, control device secondary 

voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2

concentrations), and to record average operational parameter value(s) on a continuous basis. 

“Division” means the Air Quality Division of the Wyoming Department of 

Environmental Quality. 

“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 steamelectric 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. A replacement unit, as defined in this section, is 

an existing emissions unit. 

“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 part 51, 

subpart I, including operating permits issued under Chapter 6, Section 3 of these regulations. 

“Federal Land Manager” means, with respect to any lands in the United States, the 

Secretary of the Department with authority over such lands.
6-6

“Fugitive emissions” means those emissions which could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening.

“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.

“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 (VOCs) 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;

(B) 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;

(C) Use of an alternative fuel by reason of an order under section 125 of 

the Act;

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

generating plant;

(E) Use of an alternative fuel or raw material, if prior to December 21, 

1976, 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 
6-7

source is approved to use such fuel or material through an enforceable permit issued under these 

regulations;

(F) 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;

(G) Change in ownership of the stationary source;

(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.

(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 

(g)(i) of this section for a PAL for that pollutant. Instead, the definition in paragraph (g)(i)(B) 

for “PAL major modification” of this section shall apply.

(iii) For the purposes of applying the requirements of paragraph (f)(i) of this 

section to modifications at major stationary sources of nitrogen oxides located in ozone 

nonattainment areas or in ozone transport regions, whether or not subject to subpart 2, part D, 

title I of the Act, any significant net emissions increase of nitrogen oxides is considered 

significant for ozone.

(iv) Any physical change in, or change in the method of operation of, a major 

stationary source of VOCs that results in any increase in emissions of VOCs from any discrete 

operation, emissions unit, or other pollutant emitting activity at the source shall be considered a 

significant net emissions increase and a major modification for ozone, if the major stationary 

source is located in an extreme ozone nonattainment area that is subject to subpart 2, part D, title 

I of the Act.

“Major stationary source”

(i) Means: 

(A) Any stationary source of air pollutants that emits, or has the potential 

to emit, 100 tons per year or more of any regulated NSR pollutant, except that lower emissions 

thresholds shall apply in areas subject to subpart 2, subpart 3, or subpart 4 of part D, title I of the 

Act, according to paragraphs (I) through (VI) below:

(I) 50 tons per year of VOCs in any serious ozone nonattainment 
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area.

(II) 50 tons per year of VOCs in an area within an ozone transport 

region, except for any severe or extreme ozone nonattainment area.

(III) 25 tons per year of VOCs in any severe ozone nonattainment 

area.

(IV) 10 tons per year of VOCs in any extreme ozone 

nonattainment area.

(V) 50 tons per year of carbon monoxide in any serious 

nonattainment area for carbon monoxide, where stationary sources contribute significantly to 

carbon monoxide levels in the area (as determined under rules issued by the EPA Administrator).

(VI) 70 tons per year of PM10 in any serious nonattainment area 

for PM10;

(B) For the purposes of applying the requirements of paragraph (f)(i) of 

this section to stationary sources of nitrogen oxides located in an ozone nonattainment area or in 

an ozone transport region, any stationary source which emits, or has the potential to emit, 100 

tons per year or more of nitrogen oxides emissions, except that the emission thresholds in 

paragraphs (I) through (VI) below shall apply in areas subject to subpart 2 of part D, title I of the 

Act:

(I) 100 tons per year or more of nitrogen oxides in any ozone 

nonattainment area classified as marginal or moderate.

(II) 100 tons per year or more of nitrogen oxides in any ozone 

nonattainment area classified as a transitional, submarginal, or incomplete or no data area, when 

such area is located in an ozone transport region.

(III) 100 tons per year or more of nitrogen oxides in any area 

designated under section 107(d) of the Act as attainment or unclassifiable for ozone that is 

located in an ozone transport region.

(IV) 50 tons per year or more of nitrogen oxides in any serious 

nonattainment area for ozone.

(V) 25 tons per year or more of nitrogen oxides in any severe 

nonattainment area for ozone.

(VI) 10 tons per year or more of nitrogen oxides in any extreme 

nonattainment area for ozone; or

(C) Any physical change that would occur at a stationary source not 
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qualifying under paragraphs (i)(A) or (B) of this definition as a major stationary source, if the 

change would constitute a major stationary source by itself.

(ii) A major stationary source that is major for VOCs shall be considered major 

for ozone.

(iii) The fugitive emissions of a stationary source shall not be included in 

determining for any of the purposes of this paragraph whether it is a major stationary source, 

unless the source belongs to one of the following categories of stationary sources:

coal cleaning plants (with thermal dryers); kraft pulp mills; Portland cement plants; primary zinc 

smelters; iron and steel mills; primary aluminum ore reduction plants; primary copper smelters; 

municipal incinerators capable of charging more than 250 tons of refuse per day; hydrofluoric, 

sulfuric, or 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--the term chemical processing plant shall not include ethanol production facilities 

that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140; fossilfuel boilers (or combination thereof) totaling more than 250 million British thermal units per

hour heat input; petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels; taconite ore processing plants; glass fiber processing plants; charcoal production 

plants; fossil fuel-fired steam electric plants of more than 250 million British thermal units per 

hour heat input; and any other stationary source category which, as of August 7, 1980, is being 

regulated under section 111 or 112 of the Act.

“Net emissions increase” means, 

(i) With respect to any regulated NSR pollutant emitted by a major stationary 

source, the amount by which the sum of the following exceeds zero:

(A) 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 (c)(ii)(B) of 

this section; 

(B) 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.

(ii) 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
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(B) The date that the increase from the particular change occurs.

(iii) An increase or decrease in actual emissions is creditable only if:

(A) It occurs within a reasonable period specified by the Division; 

(B) The Division has not relied on it in issuing a Chapter 6, Section 13 

permit for the source, which is in effect when the increase in actual emissions from the particular 

change occurs; and

(C) As it pertains to an increase or decrease in fugitive emissions (to the 

extent quantifiable), it occurs at an emissions unit that is part of one of the source categories 

listed in paragraph (iii) in the definition of “Major stationary source” of this section or it occurs 

at an emissions unit that is located at a major stationary source that belongs to one of the listed 

source categories. Fugitive emission increases or decreases are not creditable for those 

emissions units located at a facility whose primary activity is not represented by one of the 

source categories listed in paragraph (iii) in the definition of “Major stationary source” of this 

section and are not, by themselves, part of a listed source category. 

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

level of actual emissions exceeds the old level.

(v) 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) The Division has not relied on it in issuing any permits approved 

pursuant to 40 CFR part 51 subpart I or in demonstrating attainment or reasonable further 

progress;

(D) It has approximately the same qualitative significance for public 

health and welfare as that attributed to the increase from the particular change; and

(vi) 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.

(vii) The definition of “Actual emissions” of this section, shall not apply for 

determining creditable increases and decreases after a change.

“Potential to emit” means the maximum capacity of a stationary source to emit a 
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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 federally 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, O2 or CO2 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; 

(B) Shall include fugitive emissions to the extent quantifiable and 

emissions associated with startups, shutdowns, and malfunctions; and

(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. 
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“Regulated NSR pollutant”, for purposes of this section, means the following: 

(i) Nitrogen oxides or any VOCs.

(ii) Any pollutant for which a national ambient air quality standard has been 

promulgated. 

(iii) Any pollutant identified under this paragraph as a constituent or precursor to 

a pollutant listed above under paragraphs (i) and (ii) of this definition, provided that such 

constituent or precursor pollutant may only be regulated under NSR as part of regulation of the 

general pollutant. Precursors identified by the EPA Administrator for purposes of NSR are the 

following:

(A) VOCs and nitrogen oxides are precursors to ozone in all attainment 

and unclassifiable areas.

(B) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment 

areas.

(C) Nitrogen oxides are presumed to be precursors to PM2.5 in all 

nonattainment 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 PM2.5 concentrations.

(D) VOCs and ammonia are presumed not to be precursors to PM2.5 in 

any nonattainment area, unless the State demonstrates to the EPA Administrator’s satisfaction or 

EPA demonstrates that emissions of VOCs from sources in a specific area are a significant 

contributor to that area’s ambient PM2.5 concentrations.

(iv) PM2.5 emissions and PM10 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 PM2.5 and PM10 in Chapter 6, Section 13 permits. Compliance with emissions limitations for 

PM2.5 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 subsection unless the applicable 

implementation plan required condensable particulate matter to be included.

“Replacement unit” means an emissions unit for which all the criteria listed below in this 

definition 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
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40 CFR part 60.15(b)(1), 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).

(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.

“Reviewing Authority” means Administrator of the Division of Air Quality, Wyoming 

Department of Environmental Quality.

“Secondary emissions” means emissions which would 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. 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, or from a vessel.

“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 RATE

Carbon monoxide: 100 tons per year (tpy)

Nitrogen oxides: 40 tpy

Sulfur dioxide: 40 tpy

PM10: 15 tpy of PM10 emissions

PM2.5: 10 tpy of direct PM2.5 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 
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of “Regulated NSR pollutant” in this section 

Ozone: 40 tpy of VOCs or nitrogen oxides

Lead: 0.6 tpy 

(ii) Notwithstanding the significant emissions rate for ozone in paragraph (i) of 

this definition, “significant” means, in reference to an emissions increase or a net emissions 

increase, any increase in actual emissions of VOCs that would result from any physical change 

in, or change in the method of operation of, a major stationary source locating in a serious or 

severe nonattainment area that is subject to subpart 2, part D, title I of the Act, if such emissions 

increase of VOCs exceeds 25 tons per year.

(iii) For the purpose of applying the requirements of paragraph f(i) of this section 

to modifications at major stationary sources of nitrogen oxides located in an ozone 

nonattainment area or in an ozone transport region, the significant emission rates and other 

requirements for VOCs in paragraphs (i), (ii) and (v) of this definition shall apply to nitrogen 

oxide emissions. 

(iv) Notwithstanding the significant emissions rate for carbon monoxide under 

paragraph (i) of this definition, “significant” means, in reference to an emissions increase or net 

emissions increase, any increase in actual emissions of carbon monoxide that would result from 

any physical change in, or change in the method of operation of, a major stationary source in a 

serious area for carbon monoxide if such increase equals or exceeds 50 tons per year, provided 

the EPA Administrator has determined that stationary sources contribute significantly to carbon 

monoxide levels in the area.

(v) Notwithstanding the significant emission rates for ozone under paragraphs (i) 

and (ii) of this definition, any increase in actual emissions of VOCs from any emissions unit at a 

major stationary source of VOCs located in an extreme ozone nonattainment area that is subject 

to subpart 2, part D, title I of the Act shall be considered a significant net emissions increase.

“Significant emissions increase” means, for a regulated NSR pollutant, an increase in 

emissions that is significant (according to 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 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. Pollutant-emitting 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 4101-0065 and 003-005-00176-0, respectively).
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“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.

(c) Non-attainment New Source Review (NNSR) Permit Required. 

(i) New major stationary sources or major modifications to existing major 

stationary sources must obtain an NNSR permit before beginning actual construction if they are 

located in an area designated nonattainment for any national ambient air quality standard if the 

source is major for the pollutant for which the area is designated nonattainment. 

Notwithstanding the source category-based exemptions set forth under Chapter 6, Section 2(k), 

any new major stationary facility or major stationary source undergoing a major modification 

under this Section will not be granted any of the Section 2(k) exemptions. 

(ii) Except as provided by a PAL under paragraph (g) of this section, a proposed 

project is considered a major modification (as defined in the definition for “Major modification” 

in Section 13(b)) to an existing major source if the proposed project meets the criteria outlined in 

paragraphs in Section 13(c)(ii)(A) through (E) below:

(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 13(b)), and a significant net emissions 

increase (as defined in the definitions for “Significant emissions increase”, “Net emissions 

increase” and “Significant” in Section 13(b)). 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.

(B) 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 (C) through (E) below. 

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 13(b). Regardless of any 

such preconstruction projections, a major modification results if the project causes a significant 

emissions increase and a significant net emissions increase.

(C) 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 
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defined in the definition for “Projected actual emissions” in Section 13(b)) and the baseline 

actual emissions (as defined in the definition for “Baseline actual emissions” in Section 13(b), as 

applicable), for each existing emissions unit, equals or exceeds the significant amount for that 

pollutant (as defined in the definition for “Significant” in Section 13(b)).

(D) 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 if the sum of the difference between the potential to emit (as defined in the 

definition for “Potential to emit” in Section 13(b)) from each new emissions unit following 

completion of the project and the baseline actual emissions (as defined in the definition for 

“Baseline actual emissions” in Section 13(b)) of these units before the project equals or exceeds 

the significant amount for that pollutant (as defined in the definition for “Significant” in Section 

13(b)).

(E) Hybrid test for projects that involve multiple types of emissions units. 

A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of 

the emissions increases for each emissions unit, using the method specified in paragraphs (C) 

through (D) above 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 for 

“Significant” in Section 13(b)).

(d) NNSR Permit.

(i) Requirements for construction or modification of a source specified under 

Chapter 6, Section 2 of these regulations shall apply.

(ii) 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. 

(A) Before beginning actual construction of the project, the owner or 

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

(I) A description of the project;

(II) Identification of the emissions unit(s) whose emissions of a 

regulated NSR pollutant could be affected by the project; and

(III) 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 13(b) and an 

explanation for why such amount was excluded, and any netting calculations, if applicable.

(B) Before beginning actual construction, the owner or operator shall 
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provide the information set out in paragraph (d)(ii)(A) of this section to the Division as a Chapter 

6, Section 2 permit application. 

(C) 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 (d)(ii)(A)(II) 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 if the project increases the design 

capacity or potential to emit of that regulated NSR pollutant at such emissions unit.

(D) 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 generated under paragraph 

(d)(ii)(C) of this section setting out the unit’s annual emissions during the calendar year that 

preceded submission of the report.

(iii) The owner or operator of the source shall make the information required to 

be documented and maintained pursuant to paragraph (d)(ii) 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).

(iv) All requirements for construction or modification of a major source listed 

under 40 CFR 51, Appendix S, Section IV (A) shall apply. Notwithstanding the requirements of 

Chapter 6, Section 2(c)(v), the BACT analysis requirement is hereby superseded by the 

Appendix S, Section IV(A), Condition 1, LAER analysis requirement. 

(v) Approval to construct does not relieve an owner or operator of the 

responsibility to comply with applicable provisions of this section, the Act or any other 

requirements under local, state or federal law. 

(vi) 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 the provisions of Chapter 6, Section 2 and 13 

shall apply to the source or modification as though construction had not yet commenced on the 

source or modification. 

(e) Determining Credit for Emission Offsets. The baseline for determining credit for 

emission offsets is the emission limit in effect at the time the application to construct is filed, 

except that the offset baseline is the actual emission of the unit from which offset credit is 

obtained if the demonstration of reasonable further progress and attainment of ambient air 

quality standards is based upon the actual emission of sources located within a designated 

nonattainment area; or if there is no applicable emission limit. In determining credit for emission 

offsets, the following criteria shall be met:

(i) If the emissions limit allows greater emissions than the potential to emit of the 
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unit, the emission offset credit is allowed only for the control below the potential to emit of the 

unit; 

(ii) For an existing fuel combustion unit, credit shall be based on the emission 

limit for the type of fuel being burned at the time the application to construct is filed. If the 

existing source agrees to switch to a cleaner fuel at some future date, emission offset credits 

based on the allowable or actual emissions for the fuels involved may be allowed only if permit 

conditions specify an alternative control measure that would achieve the same degree of 

emission reduction if the source switched back to the dirtier fuel at some later date. The owner 

or operator will submit a demonstration to ensure that adequate long-term supplies of the new 

fuel are available before the Division grants emission offset credit for fuel switches;

(iii) Emission reductions achieved by shutting down an existing unit or curtailing 

production or operating hours below baseline levels may be credited if the reductions are surplus, 

permanent, quantifiable, federally enforceable, and the area has a federally-approved attainment 

plan. In addition, the shutdown or curtailed production must occur after August 7, 1977, or less 

than one year before the date of submitting the permit application, whichever is earlier. 

Emission reductions may be credited in the absence of a federally-approved attainment plan if 

the shutdown or curtailment occurred on or after the date the application is filed for a new unit or 

if the applicant can establish that the proposed new unit is a replacement for the shutdown or 

curtailed unit, and the shutdown or curtailment occurred after August 7, 1977, or less than one 

year before the date of submitting the permit application, whichever is earlier;

(iv) Emission offset credit may not be allowed for replacing one hydrocarbon 

compound with another of lesser reactivity except for those compounds listed in Table 1 of 

EPA’s “Recommended Policy on Control of Volatile Organic Compounds” (42 FR 35314, July 

8, 1977); 

(v) All emission reductions claimed as offset credit must be federally 

enforceable;

(vi) The permissible location of offsetting emissions shall be conducted in 

accordance with 40 CFR 51, Appendix S, section IV. D;

(vii) Credit for emissions reduction may be claimed to the extent that the 

Division has not relied on it in issuing a permit or in its demonstration of attainment or 

reasonable further progress;

(viii) The total tonnage of increased emissions, in tons per year, resulting from a 

major modification that must be offset shall be determined by summing the difference between 

the allowable emissions after the modification and the actual emissions before the modification 

for each emission unit; 

(ix) External offsets or those emission limitations from sources not owned, 

operated, or controlled by an applicant for a permit shall be made through a revision of the 

permit conditions of the participating source or sources. At no time may the baseline be 
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exceeded;

(x) The offset ratio of total actual emissions reductions to the emissions increase 

shall be at least 1 to 1 unless an alternative ratio is provided in accordance with the ozone 

nonattainment offset requirements listed below in (x)(A) through (D):

(A) The Administrator may impose an alternative ratio that is more 

stringent than the applicable numerical ratios listed in (B) through (D). 

(B) For ozone nonattainment areas subject to subpart 2, part D, title I of 

the Act, the ratio of total actual emissions reductions of VOCs to the emission increase of VOCs 

shall be as follows:

(I) In any marginal nonattainment area for ozone--at least 1.1:1;

(II) In any moderate nonattainment area for ozone--at least 1.15:1;

(III) In any serious nonattainment area for ozone--at least 1.2:1;

(IV) In any severe nonattainment area for ozone--at least 1.3:1 

(except that the ratio may be at least 1.2:1 if the approved State Implementation Plan also 

requires all existing major sources in such nonattainment area to use BACT for the control of 

VOCs); and

(V) In any extreme nonattainment area for ozone--at least 1.5:1 

(except that the ratio may be at least 1.2:1 if the approved State Implementation Plan also 

requires all existing major sources in such nonattainment area to use BACT for the control of 

VOCs).

(C) Notwithstanding the requirements of paragraph (x)(A) of this section, 

the ratio of total actual emissions reductions of VOCs to the emissions increase of VOCs shall be 

at least 1.15:1 for all areas within an ozone transport region that is subject to subpart 2, part D, 

title I of the Act, except for serious, severe and extreme nonattainment areas that are subject to 

subpart 2, part D, title I of the Act.

(D) For ozone nonattainment areas subject to subpart 1, part D, title I of 

the Act (but are not subject to subpart 2, part D, title I of the Act, including 8-hour ozone 

nonattainment areas subject to 40 CFR 51.902(b)), the ratio of total actual emissions reductions 

of VOCs to the emission increase of VOCs shall be at least 1:1.

(f) Application in ozone, PM10, and PM2.5 nonattainment areas

(i) Requirements of this section which apply to major stationary sources and 

major modifications of VOCs shall also apply to nitrogen oxides emissions from major 

stationary sources and major modifications of nitrogen oxides in an ozone transport region or in 

any ozone nonattainment area, except in ozone nonattainment areas or portions of an ozone 
6-20

transport region where the EPA Administrator has granted a NOx waiver applying the standards 

set forth under section 182(f) of the Act and the waiver continues to apply.

(ii) Except as provided under paragraph f(iii) below, requirements of this section 

which apply to major stationary sources and major modifications of PM10 shall also apply to 

major stationary sources and major modifications of PM10 precursors, except where the EPA 

Administrator determines that such sources do not contribute significantly to PM10 levels that 

exceed the PM10 ambient standards in the area. 

(iii) Requirements of this section shall not apply in the Sheridan PM10

nonattainment area, where a major source construction ban is in place per the requirements of 

Chapter 6, Section 2(c)(ii)(B) of these regulations. 

(iv) In meeting the requirements of Section 13(e), the emission offsets obtained 

shall be for the same regulated NSR pollutant, with the following exception provided for PM2.5. 

Direct PM2.5 emissions or emissions of precursors of PM2.5 may be offset by direct PM2.5

emissions or any PM2.5 precursors identified in the definition for “Regulated NSR pollutant” in 

Section 13(b) if such offsets comply with the interprecursor trading hierarchy and ratio 

established in the Wyoming State Implementation Plan. 

(g) Actuals Plantwide Applicability Limitations (PALs).

(i) The Division may approve the use of an actuals PAL for any existing major 

stationary source if the PAL meets the requirements specified in paragraphs (g)(i)(A) through 

(O) of this section. 

(A) Applicability. 

(I) The term “PAL” shall mean “actuals PAL” throughout 

subsection (g)(i). The Division will not allow an actuals PAL for VOC or NOx for any major 

stationary source located in an extreme ozone nonattainment area.

(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 (g)(i)(A) through (O) 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 13 permit; and 

(3.) Is not subject to the provisions in paragraph (d)(vi) of 

this section (restrictions on relaxing enforceable emission limitations that the major stationary 

source used to avoid applicability of Chapter 6, Section 13). 
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(III) Except as provided under paragraph (g)(i)(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 (g)(i)(A) through (O) of this section. When a term is not defined in 

the paragraphs below, it shall have the meaning given in paragraph (b) of this section, or in the 

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 

13(b)) of all emissions units (as defined in the definition for “Emission Unit” in Section 13(b)) 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 13(b), 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 13(b), except that the words “or enforceable 

as a practical matter” should be added after “federally 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 Act for nonattainment areas. (For example, in accordance with 

the definition of major stationary source in section 182(c) of the Act, an emissions unit would be 

a major emissions unit for VOCs 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 of VOCs 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.
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“PAL major modification” means, notwithstanding the definitions for 

“Major modification” and “Net emissions increase” in Section 13(b), 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 and Section 13 permit 

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

“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 (g)(i)(A) through (O) 

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 13(b) or in the 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 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 13(b) or in the 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 (g)(i)(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; and

(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 

(g)(i)(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 (g)(i)(D)(I)(1.) 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 (g)(i)(E) of this section.

(3.) The PAL permit shall contain all the requirements of 

paragraph (g)(i)(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 (g)(i)(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 paragraph (e) of this section 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 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 
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submittal of public comment. The Division must address all material comments before taking 

final action on the permit. 

(F) Setting the 10-Year Actuals PAL Level. 

(I) Except as provided in paragraph (g)(i)(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 13(b)) 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 13(b) or 

under the 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 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 (g)(i)(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 (g)(i)(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 (g)(i)(J) of this 

section before the end of the PAL effective period, then the PAL shall 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; 
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(V) A requirement that, once the PAL expires, the major stationary 

source is subject to the requirements of paragraph (g)(i)(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 

(g)(i)(C)(III) 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 (g)(i)(M) 

of this section; 

(VIII) A requirement to retain the records required under 

paragraph (g)(i)(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 

(g)(i)(N) of this section by the required deadlines; and 

(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;

b. Reduce the PAL if the owner or operator of the 

major stationary source creates creditable emissions reductions for use as offsets under Section 

13(e); and 

c. Revise the PAL to reflect an increase in the PAL 

as provided under paragraph (g)(i)(K) of this section.

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

following: 

a. Reduce the PAL to reflect newly applicable 
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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 

(g)(i)(H)(II)(1.)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 (g)(i)(E) of this section. 

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

the procedures in paragraph (g)(i)(J) of this section shall expire at the end of the PAL effective 

period, and the requirements in paragraphs (g)(i)(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 (g)(i)(I)(I)(1.) and (2.) of this section. 

(1.) Within the time frame specified for PAL renewals in 

paragraph (g)(i)(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 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 (g)(i)(J)(V) of this 

section, such distribution shall be made as if the PAL had been adjusted.

(2.) The Division shall decide whether and how the PALallowable 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 (g)(i)(I)(I)(2.) of this section, the source shall continue to comply with a source-wide, 
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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 13 requirements if such change 

meets the definition of “Major modification” in Section 13(b). 

(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 (d)(vi) of this section, but were eliminated by the PAL in accordance with the 

provisions in paragraph (g)(i)(A)(II)(3.) of this section. 

(J) Renewal of a PAL. 

(I) The Division shall follow the procedures specified in paragraph 

(g)(i)(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 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 (g)(i)(J)(III)(1.) through (4.) of this 

section. 

(1.) The information required in paragraphs (g)(i)(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); and 

(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 (g)(i)(J)(IV)(1.) and (2.) 
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of this section; however, in no case may any such adjustment fail to comply with paragraph 

(g)(i)(J)(IV)(3.) of this section. 

(1.) If the emissions level calculated in accordance with 

paragraph (g)(i)(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 (g)(i)(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 (g)(i)(J)(IV)(1.) and (2.) 

of this section: 

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 (g)(i)(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 if 

the major stationary source complies with the provisions in paragraphs (g)(i)(K)(I)(1.) 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 
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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 (g)(i)(K)(I)(1.) 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 requirements resulting from the 

Chapter 6, Section 13 process (for example, LAER), 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 (g)(i)(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 (g)(i)(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 (g)(i)(L)(II)(1.) through (4.) of this section and must be approved by the Division.

(3.) Notwithstanding paragraph (g)(i)(L)(I)(2.) of this 

section, an alternative monitoring approach that meets paragraph (g)(i)(L)(I)(1.) of this section 
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may be employed 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 when 

conducted in accordance with the minimum requirements in paragraphs (g)(i)(L)(III) 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. 
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(V) CPMS or PEMS. An owner or operator using CPMS or 

PEMS to monitor PAL pollutant emissions shall meet the following requirements: 

(1.) The CPMS or the PEMS must be based on current 

site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL 

pollutant emissions across the range 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 

(g)(i)(L)(III) through (VII) 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. 

(IX) Re-validation. All data used to establish the PAL pollutant 
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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 subsection (g)(i) 

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 (g)(i)(N)(I) through (III) 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 (g)(i)(N)(I)(1.) 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 

(g)(i)(M)(I) of this section; 

(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; 
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(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 (g)(i)(L)(VII) of this 

section; and 

(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 as 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. 

(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. 

(O) Transition Requirements.

(I) The Division shall not issue a PAL that does not comply with 

the requirements in paragraphs (g)(i)(A) through (O) of this section after the EPA Administrator 

has approved this regulation into the Wyoming State Implementation Plan.

(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 (g)(i)(A) through (O) of this section.
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(ii) 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. 

Section 14. Incorporation by reference.

(a) Code of Federal Regulations (CFR). Except as otherwise noted, all Code of Federal 

Regulations (CFRs) cited in this chapter, including their Appendices, revised and published as of 

July 1, 2014, not including any later amendments, are incorporated by reference. Copies of the 

Code of Federal Regulations are available for public inspection and can be obtained at cost from

the Department of Environmental Quality, Division of Air Quality, Cheyenne Office. Contact 

information for the Cheyenne Office can be obtained at http://deq.wyoming.gov/. Copies of the 

CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, 

Blue Ridge Summit, PA 17214, or online at 

http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR