# .­ Department of Environmental Quality

To protect, conserve and enhance the quality of Wyoming's environment for the benefit of current and future generations. Dave Freudenthal, Governor John Corra, Director Jj t:J

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# .,~**RE~~r., ~O:**  September 11, 2008

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## SEP 18 2DGB G Mr. Robbie Roberts Regional Administrator

# USEPA~S 

# OFFICE USEPA Region 8 1595 Wynkoop Street Mail Code: 8RA Denver, CO 80202-1129 RE: State Implementation Plan (SIP) Approval Request (R-5) Dear Mr. Roberts: On September 11,2000 and October 23,2000, the Environmental Quality Council ofthe Wyoming Department ofEnvironmental Quality conducted public hearings pursuant to 40 CFR §51.102 to consider adoption ofrevisions and additions to the Wyoming Air Quality Standards and Regulations (WAQS&R). Revisions affecting the State Implementation Plan (SIP) involved Chapter 1, Common Provisions, Section 6, Credible evidence. Section 6, Credible evidence, was added to Chapter 1, Common Provisions, to respond to a State Implementation Plan (SIP) Call issued by EPA on October 20,1999. Chapter 1was amended to comply specifically with February 24, 1997 revisions to Title 40 part 51 ofthe Code ofFederal Regulations (CFR). These changes mirror requirements in current federal regulations and are no more stringent. Changes to chapters other than Chapter 1will be submitted for SIP approval at a later date. After reviewing comments received before or during the hearings, the Council approved the proposed revisions on October 23,2000. Pursuant to the Wyoming Administrative Procedures Act, the revisions were forwarded to the Governor's Office for approval and then transmitted to the Secretary of State for filing. The regulations were filed in the Secretary ofState's Office and became effective December 8, 2000. Since all ofthe necessary State reviews and approvals have been secured, I am submitting two copies ofthe 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 ofthe stamped Certification Page by the Secretary ofState indicating the effective date of the revisions. The rules became effective on December 8, 2000.

Herschler Building • 122 West 25th Street • Cheyenne, WY 82002 • http://deq.state.wy.us ADMIN/OUTREACH ABANDONED MINES AIR QUALITY INDUSTRIAL SITING LAND QUALITY SOLID & HAZ.WASTE WATER QUALITY

(307) 777-7758 (307) 777-6145 (307) 777-7391 (307) 777·7369 (307) 777-7756 (307) 777-7752 (307) 777·7781 FAX 777-3610 FAX 777-6462 FAX 777-5616 FAX 777-6937 FAX 777-5864 FAX 777-5973 FAX 777-5973Mr. Robbie Roberts September 11, 2008 Page 2 of2
2. An April 12, 2000 memorandum from Dennis Hemmer, former Director ofthe Department of Environmental Quality, to the Governor's Office requesting approval to proceed with rulemaking. 3. An October 30, 2000 letter from Ted Preston, former Assistant Attorney General, documenting the necessary legal authority under state law to adopt and implement the revised regulations. 4. A November 28,2000 review from the Legislative Service Office finding the revised regulations within the scope and intent oflegislative authority. 5. A copy ofthe notice issued by the Air Quality Division for the public hearing with a list of newspapers and dates ofpublication. 6. A list ofsignatures ofwitnesses present at the hearings as well as a copy ofthe meeting agendas. 7. A copy ofthe Statement ofPrincipal Reasons that was adopted with the rules. 8. A copy ofthe summary ofcomments and responses. 9. Two copies ofthe revised chapter, one copy showing where revisions were made in redline and strikeout and a second copy with all revisions incorporated. With this submission I am asking for Environmental Protection Agency approval ofthe revised State Implementation Plan for the State ofWyoming to include Chapter 1, Common Provisions, Section 6, Credible evidence ofthe Wyoming Air Quality Standards and Regulations as revised December 8, 2000. Ifyou have any questions regarding this submittal, please feel free to contact David A. Finley, Air Quality Administrator, at 307-777-7391. Sincerely,

# .~ o V.Corra

. ector epartment ofEnvironmental Quality Enclosures cc: David A. Finley, Administrator, Air Quality Division w/enc. Christine Anderson, Air Quality Division w/enc.

### CERTIFICATION PAGE FORRULES Adoption date: October 23,2000 To guarantee review by the Secretary ofState within the 60 day deadline, this package must be submitted to the Secretary ofState by: December 22, 2000 

### GENERAL INFORMATION: 1. Agency: Department ofEnvironmental Quality Address: Herschler Bldg., 4th Floor Agency Contact Person for these Rules: Dan Olson, Administrator, Air Quality Division Work Telephone: (307) 777- 7391 2. Are these new rules? ("new"

- means the first set ofregular rules to be promulgated by this agency after the Legislature adopted a new statutoryprovision or significantly amended an existing statute. Yes

__ No 

### l 3. Chapter 

### # and name ofrules being created, amended or repealed: The foHowing chapters ofthe Wyoming Air Ouality Standards and Regulations have been amended: Chapter 1, Common Provisions Chapter 3, General Emission Standards Chapter 5, National Emission Standards Chapter 6, Permitting Requirements Chapter 7, Monitoring Regulations Chapter 11, National Acid Rain Program 4. Does this rule replace an existing rule? Yes 

### l No_ Ifyes, which chapter(s)? Chapter 1, Common Provisions Chapter 3, General Emission Standards Chapter 5, National Emission Standards Chapter 6, Permitting Requirements Chapter 7, Monitoring Regulations Chapter 11, National Acid Rain Program 

### NOTICE OF INTENDED RULEMAKING TO AG, LSO AND SECRETARY OF STATE 5. Notice ofintended rulemaking containing all ofthe infonnation required by W.S. 16-3­ 103 (a) was fiIed with the Secretary 0 f State on: 

### _-,,-J**u~I'.Ly--=2"-,,,5-,-,** =:.2**O~O~O"-----** _ 6. Notice ofintended rulemaking and proposed rules in strike and underscore f01111at were ( 

## "; provided to the Legislative Service Office and comtesy copies ofthe notice and proposed rules were provided to the Attorney General and the Governor**on:~J~u"-Jly,--,2~5~,-=2~0~0-,,!-0** _ 

### PUBLIC NOTICE OF INTENDED RULEMAKING: 7. YesXNo_ (Ifapplicable) Notice was mailed 45 days in advance to all persons who made a timely request for advance notice. 8. YesXNo_ A public hearing was held on the proposed rules on: September 11, 2000 

### FINAL FILING OF RULES: 9. YesXNo _ A disk with an exact copy ofthe attached rules is attached. 10. Final rules with original signatures were sent to the Attorney General's office for theGovernor's signature on October 25, 2000. 11. Final rules were sent to the Legislative Service Office on October 25, 2000.


### CERTIFICATION BY AGENCY: The undersigned certifies that the foregoing information is COl
Date 

### 10

- Z'5 - 00 Title: D'rector epartment ofEnvironmental Ouality 

### GOVERNOR'S CERTIFICATION I have reviewed these rules and determined that they: (1) are within the scope ofthe statutory authority delegated to the adopting agency; and (2) appear to be within the scope ofthe legislative purpose ofthe statutory authority. Therefore, I approve the same.

Date Approved



## STATE OF WYOMING}**Off~of** the**sec~** Filed the - day of 

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. M. Joseph B. Meyer Secretary of State**.'i:>C.'~'.'"**

# Grn~~'O~C~RCE**(~**

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,\,\, OF WYOMING \ j 

# AN 14?O11O

# ':~_ JIM GERINGER

GOVERNOR 

## Department of Environmental Quality Herschler Building • 122 West 25th Street • Cheyenne, Wyoming 82002 ADMINiSTRATION ABANDONED MINES AIR QUALITY INDUSTRIAL SITING LAND QUALITY SOLID & HAZARDOUS WASTE WATER QUALITY

(307) 777-7758 (307) 777-6145 (307) 777-7391 (307) 777-7368 (307) 777-7756 (307) 777-7752 (307) 777-7781 FAX 777-7682 FAX 634-0799 FAX 777-5616 FAX 777-6937 FAX 634-0799 FAX 777-5973 FAX 777-5973 

### MEMORANDUM

TO: 

### FROM:

DATE: SUBJECT:
PRIORITY: SUMMARY: Denms Hemmer, lrector,

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April 12, 2000 / ' Proposed New and RetisedRegulations to the Wyoming Air Quality Standards and Regulations (WAQS&R) Nonnal Notice ofagency rulemaking. The DEQ, Air Quality Division (AQD) is proposing the following revisions: Chapter 1, Common Provisions, Section 6 (new), Credible evidence. Chapter 5, National Emission Standards, Section 2, New source performance staitaards. Chapter 6, Permitting Requirements, Section3, Operating permits. Chapter 7, Monitoring Regulations, Section 3 (new), Compliance assurance monitoring. Changes to Chapters 1 and 5 are required by the Environmental Protection Agency (EPA) to allow the use ofany credible evidence in compliance determinations. EPA issued a State Implementation Plan (SIP) Call on October 20, 1999, notifying the State ofWyoming, pursuant to section 110(k)(5) ofthe Clean Air Act, that the SIP for Wyoming was substantially inadequate to comply with section 110(a)(2)(A) and (C) of the Act. EPAbelieves that the Wyoming SIP may be interpreted to limit the types ofevidence that may be used for determining compliance.Governor Geringer " Memorandum Page 2
The Division is also proposing changes to incorporate Compliance assurance monitoring (CAM) into Chapters 6 and 7. The CAM rule was developed and required by EPA to provide reasonable assurance that major sources (Title V) comply with emission standards. The Division is proposing to adopt rules which mirror the Federal CAM rule in 40 CFR part 64 and are no more stringent. RECOMMENDATION: Review and approve to proceed with rulemaking GOVERNOR'S RESPONSE OPTIONS: 

### '1-/7- 00 

# V Agency may proceed. 

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___Delay public comment and set up meeting with
Governor's staffrepresentative

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# Office ofthe Attorney General

Governor Water & Natural Resources Division Deputy Attorney General Jim Geringer 123 Capitol Building Thomas J. Davidson Cheyenne. Wyonting 82002 Attorney General 307-777-6946 Telephone Gay Woodhouse 307-777-3542 Fax 

### TO: Governor Geringer FROM: Gay Woodhouse Attorney General Ted Preston Assistant Attorney General DATE:October 30,2000 SUBJECT: Final Adoption of Rules and Regulations: Wyoming Air Quality Standards and Regulations (WAQSR) PRIORITY: Nonnal: Deadline for filing with Secretary ofState is December 22, 2000. SUMMARY: 1. WAQSR Chapter 1', 

### Common Provisions, Section 6, Credible Evidence; WAQSR Chapter 5, National Emission Standards, Section 2, New source perfonnance standards (subsection 2(i)(vii)) These sections are being added to keep Wyoming's air quality program consistent with federal requirements. These**chang~s** 

### mirror requirements in current federal regulations and are no more stringent. 2. WAQSR Chapter3, General Emission Standards, Section 6, Emission standards for volatile organic compounds; WAQSR Chapter 5, National Emission Standards, Section 2, New source perfonnance standards and section 3, National emission standards for hazardous air pollutants; WAQSR Chapter 11, 

### National Acid Rain Program, Section 2, Acid rain program These sections are beingrevisedto complete the annual update of provisions inthe WAQSR which incorporate portions ofthe Code ofFederal Regulations by reference. These revisions will reflect the July 1, 1999 publishing date ofthe Code ofFederal Regulations. The rules adopted by

### reference satisfy the requirements ofW.S. 16-3-103. 3. WAQSR Chapter 5 National Emission Standards, Section 2, New source perfonnance standards This section is revised to clarify specific instances where the federal EPA Administrator retains regulatory authority. 4. WAQSR Chapter 6, Permit Requirements, Section 3, Operating permits and WAQSR Chapter 7, Monitoring Regulations, Section 3 Compliance assurance monitoring These sections are being revised to keep Wyoming's air quality program consistent with federal requirements. Thechangesmirrorrequirements 

### incurrentfederal regulations andare no more stringent.
.

. RECOMMENDATION: These rules are authorized under W.S. 35-11-202
. Recommend approval. ACTION NEEDED:
.Ifapproved, your signature is needed on the enclosed Certification Page so that the rules can be filed with the Secretary ofState's**O~fice** 

### no later than December 22,2000.

# 'Wyoming 

# State**Le~** 

# c'slature 213 State Capitol, Cheyenne, Wyoming 82002 (307)777-7881 / (307) 777-5466 Fax/ email: /so@jstate.wy.us http://legisweb.state.wy.us



### "". I

l egis/ative Service Office Dan J. Pauli

Director 

### Tuesday, November 28, 2000 Mr. Dennis Hemmer Department of Environmental Quality Herschler Building Cheyenne, ·Wyoming 82002

Dear Mr. Hemmer: Enclosed please find Administrative Rule Review Report No. AROO-068 pursuant to the rules submitted by the department to this office on 10/23/2000. If you have any questions 9r comments reqardinq the report, please advise. The report will be presented to and considered by the Management Council at its**nex~** 

### meeting.

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# -trBvrne 

# 7G< Staff Attorney

KAB/cb Enc.Administrative Rule Review Report #AROO-068 Legislative Service Office 28-Nov-00 AGENCY: Department ofEnvironmental Quality. DATE SUBMITTED: October 25, 2000. SUBJECT: Chapter 1, Section 6, Credible Evidence; Chapter 3, Section 6, Emission Standards for VOCs; Chapter 5, Section 2, New Source performance Standards; Chapter 6, Section 3, Operating Permits; Chapter 7, Section 3, Compliance Assurance Monitoring; and Chapter 11, Section 2, Acid Rain Program. NATURE OF RULES: Legislative. STATUTORY AUTHORlTY: W.S.35-11-112(a)(i). DETER1v1INATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date. SUMMARY OF RULES: See Agency's "Statement ofReasons" for adoption. FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent. Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review. STAFF RECOMrvIENDATION: That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency. NOTE: Due to the length ofthe proposed rules, a copy is not attached to tilis report. The complete set of rules is on file with the LSO and is available for review upon request.

David K. Gruver Assistant Director KAB/cb35-11-112. Powers and duties of the environmental quality council .**~~)** (a) The council shall act as the hearing examiner for the department and shall hear and determine all cases or issues arising under the laws, rules, regulations, standards or orders issued or administered by the department or its air quality, land quality, solid and hazardous waste management or water quality divisions. Notwithstanding any other provision of this act, including this section, the council shall have no authority to promulgate rules or to hear or determine any case or issue arising under the laws, rules, regulations, standards or orders issued or ,administered by the industrial siting or abandoned mine land· divisions of the department. The council shall: (i) Promulgate rules and regulations necessary for the administration of this act, after recommendation from the director of the department, the administrators of the various divisions and their respective advisory boards;Notice ofProposed Rulemaking Department ofEnvironmental Quality Air Quality Division (AQD) AQD proposes changes to Wyoming Air Quality Standards and Regulations. Chapter 1, Common Provisions, Section 6, Credible evidence and Chapter 5, National Emission Standards, Section 2, New source performance standards to fulfill requirements by the Environmental Protection Agency (EPA) to allow the use of"any credible evidence" in compliance determinations. The Division is also proposing changes to incorporate Compliance Assurance Monitoring (CAM) into Chapters 6, Permitting Requirements, Section 3, Operating permits and Chapter 7, Monitoring Regulations, Section 3, Compliance assurance monitoring. The CAM rule was developed by EPA to provide**re~sonable** assurance that major sources (Title V) relying on air pollution control devices comply with established emission standards. The Division is also proposing to update all regulations which are incorporated by reference from the Code ofFederal Regulations to reflect the July 1, 1999 publishing date. Incorporation by reference affects: Chapters, 3,5 and 11. Minor revisions to the General Provisions portion ofChapter 5, Section 2 will be presented in response to comments made by the Environmental Protection Agency. The proposed rules can be accessed after July 28,1999 at the Air Quality Web page at http://deq.state.wy.us/aqd.htm or by contacting Christine Jenkins at (307) 672-6457. The Environmental Quality Council will hold a public hearing to consider these proposed rules Monday September 11, 2000, beginning at 1:30 PM in the City Council Chambers for the Town ofJackson, 150 E. Pearl St., Jackson, Wyoming. Written comments should be submitted to the following address: Dan Olson, Wyoming Department of Environmental Quality, Air Quality Division, 122 West 25th S1., Cheyenne, Wyoming 82002. 

### In accordance with the Americans with DisabilitiesAct, special assistance or alternateJonnats will be made available upon requestJar individuals wzth disabilities.List ofNewspapers used for public notice in Rulemaking R- 5/Credible Evidence Name oftheNewspaper Town in Wyoming Date ofPublication Rocket Miner Rock Springs July 25, 2000 Casper Star Tribune Casper July 27 and 28, 2000 Gillette News Record Gillette July 28, 2000 Wyoming Tribune Eagle Cheyenne July 28, 2000.&. '-I**~.LJ.&.** '-' .a..a..L:.I.l"1..I..'-A.J..., 'J" 

### ADOPTION OF PROPOSED REVISIONS TO CHAPTER 1, CHAPTER3, CHAPTER5, CHAPTER 6, CHAPTER 7, CHAPTER 11 TOWN OF JACKSON, COUNCIL CHAMBERS ROOM, 150 E PEARL STREET, JACKSON, WYOMING SEPTEMBER 11, 12, 2000 - 1 :30PM PleasePrint

### YOURNAME NAME ANDADDRESS OF COMPANY ORORGANIZATION STATEMENT
YES NO ORAL WRITTEN 

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# Gnvironmental Council

ERR! LORENZON, Esq. JIM GERINGER DIRECTOR GOVERNOR


### C. Wdliamj,**SI/crl/lar~ Wl/nJ~**  .JJulchinjon, Chairman John 

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# q. TOWN OF JACKSON COUNCIL CHAMBERS ROOM 8-17-00 150 E. PEARL STREET JACKSON, WYOMING SEPTEMBER 11 & 12, 2000 9:00 A. M.
AGENDA
The Environmental Quality Council is scheduledto hold a public meeting and hearing on Monday, September 11, 2000 beginning at 9:00' a.m. at the Town ofJackson, Council Chambers Room, 150 E. Pearl Street, Jackson, Wyoming, and will continue through Tuesday, September 12th• The

.following is the Council's agenda. 

### / / .<) 2,4**2S"** / /'11. ,. <"b '":I:> 

### September 11,2000

- 9:00A.M.: ./ 'I"" "'=":.,.:) :...,:\>**'~ .~'.J** **~?'I** 

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## I;t, 1. Call to Order '..**~_C\"",~** 0 \**~~** ..... "U it W ')

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### I 2. Approval ofAugust 7, 2000 Meeting Minutes**t!;~** 

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## eJ/ 3. Approval ofOrders:
,**~'...** r- '(\ ./ '-':',::;-,.**~~/ '~**  a. Jacobs Ranch, EQC Docket'Nos. 99-4806, 99-4807; DEQ Docket Nos. 3140-99 & 3126-99

- Dismissal Order'

- LQ b. RAG Shoshone Coal Corp., EQC Docket No. 99-4601, DEQ Docket No. 3073-99, Mining PermitNo. 477-T4, TFN 3 4/277

- Motion fOJ; Reconsideration. LQ c. Neil Anderson d/b/a Bananas, EQC Docket No. 00-3403, DEQ DocketNo. 3183-00

­ Order Approving NOV & Order. WQ 4. 

### Lazy B Gas Processing Plant, One-Time Authorization, EQC Docket No. 00-5601

­ DEQ's Motion to Dismiss Duke Energy's Appeal. SW (over) HerschlerBuilding; Room 1714; 122West25 th Street; Cheyenne, Wyoming 82002;TEL: 307-777-7170; FAX: 307-777-61345. For decision

- Grand Teton National Park Service & Yellowstone National Park Service

­ EQC DocketNos. 99-3204, 99-3205, 99-3206 & 99-3207. Docket Nos. 3045-99; 3046­ 99; 3047-99; and 3048-99. WQ 

# /' " }

6. Recess 7. HEARING - 1:30 P.M.

- Re: Air Quality Standards and Regulations: Chapter 1, Common Provisions, Section 6, Credible evidence Chapter 3, General Emission Standards, Section 6, Emission standards for VOCs Chapter 5, National Emission Standards, Section 2, New source perfonnance standards Chapter 6, Permitting Requirements, Section 3, Operating pennits Chapter 7, Monitoring Regulations, Section 3, Compliance assurance monitoring Chapter 11, National Acid Rain Program, Section 2, Acid rain program
September 

### 12, 2000

- 9:00A.Jltf.:
8. Discussion on mine pennit hearing" procedures. 9. Continuation ofAir Quality hearing, ifnecessary. 10. Schedule next meeting. 11. Adjourn

In accordance with the Americans with Disabilities Act, special assistance or alternate fonnats will be made available:tIpon request for individuals with disabilities.

### ENVIRONMENTAL QUALITY COUNCIL ATTENDANCE SHEET FOR MEETING Place: HERSCHLER BLDG ROOM 1299, CHEYENNE Date: OCTOBER 23, 2000 - 9:00 A.M.
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### ENVIRONMENTAL QUALITY COUNCIL ATTENDANCE SHEET FOR MEETING Pl.ace: HERSCHLER BLDG ROOM 1299, CHEYENNE Date: OCTOBER 23, 2000 - 9:00 A.M. Your Name Name and Address of Company or Organization 

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__' •ENVIRONMENTAL QUALITY COUNCIL ATTENDANCE SHEET FOR MEETING Place: HERSCHLER BLDG ROOM 1299, CHEYENNE Date: OCTOBER 23, 2000 - 9:00 A.M.

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### AGENDA The Environmental Quality Council is scheduled to hold a public meeting onMonday, October 23, 2000 beginning at 9:00 A.M. The meeting will be held at the Herschler Bldg.,**R.I:nr~lft99~~.** 

### 25 th 

### Street, Cheyenne, Wyoming. The following is the Council's tentative agenda:' 

# -::.<. I:.':·· 

# -! -.

.. OCT ZOOO 1. Call to Order 

### Received ":'. Dept. 01 Envir Quality Sheridan 

### 2. Approval ofAugust 7, 2000 Meeting Minutes 3. Approval ofOrders:
a. Jac.obs Ranch, EQC DocketNos. 99-4806, 99-4807; DEQ DocketNos. 3140-99 & 

### 3126-99

- Dismissal Order

- LQ b. RAG Shoshone Coal Corp., EQC DocketNo. 99-4601, DEQ Docket No. 3073-99, M.ining Permit No. 477-T4, TFN 3 4/277

- Motion for Reconsideration. LQ
c. NeilAnderson d/b/aBananas, EQC DocketNo. 00-3407, DEQ DocketNo. 3183-00

- Order Approving NOV & 

### Order. WQ d. To\Vll ofHartville, DE.QDocket**1'~0.** 

### 3179-00, EQC DocketNo. 00-3201

- Dismissal Order. WQ
e. R.L. Knight & 

### Knight Oil Co., DEQ DocketNo. 3214-00; EQC Docket No. 00-3408

- Order Approving NOV & 

### Order. WQ f. Robert F & 

### Janis Konrath, DEQ Docket No. 3216-00, EQC Docket No. 00-3409

­ Order Approving NOV & 

### Order. WQ g. Patrick Draw Gas Plant,DEQ Docket No. 3141-99, EQC Docket No. 00-5401

­ Order Approving Administrative Order on Consent. SW (over) HerschlerBuilding;Room 1714; 122 West25 th Street;Cheyenne,Wyoming 82002;TEL: 307-777-7170; FAX: 307-777-6134

### h. Pathfinder Mines Corp., DEQ Docket No. 2485-93, EQC Docket No. 00-5402

­ Order Approving Stipulation and Granting Motion for Second Modification of Settlement Agreement. SW 4. 

### Lazy B Gas Processing Plant, One-Time Authorization, EQC DocketNo. 00-5601

- DEQ's Motion to Dismiss Duke Energy's Appeal. SW 5. For decision

- Grand Teton National Park Service & 

### Yellowstone National Park Service

­ EQC DocketNos. 99-3204,99-3205, 99-3206 & 

### 99-3207. DocketNos. 3045-99; 3046-99; 3047-99; and 3048-99. WQ 6. For decision

- Air Quality Standards and Regulations

- Chapters 1,3 5,6, 7, and 11. The hearing was held September 11,2000inJackson, Wyoming. 

### Mr. RobertRawlings, Hearing Examiner. AQ 7. Schedule next meeting 8. Adjourn

In accordance with the Americans with Disabilities Act, special assistance or alternate fonnats

.will be made available upon request for individuals with disabilities.

### BEFORE THE ENVIRONMENTAL QUALITY COUNCIL STATE OF WYOMING IN THE MATTER OF REVISIONS TO CHAPTER ONE, SECTION SIX; CHAPTER STATEMENT OF THREE, SECTION SIX; CHAPTER FIVE, PRINCIPAL REASONS SECTION TWO AND SECTION THREE; CHAPTER FOR ADOPTION SIX, SECTION THREE; CHAPTER SEVEN, SECTION THREE, AND CHAPTER ELEVEN, SECTION TWO OF THE WYOMING AIR QUALITY STANDARDS AND REGULATIONS 1. The Environmental Quality Council, pursuant to the authority vested in it by the Wyoming Statutes 35-11-112 (a) (i) 

### ,has adopted additions and revisions to: Chapter One, Common Provisions, Section 6, Credible evidence; Chapter 3, General Emission Standards, section 6,Emission standards for VOCSi Chapter 5, National Emission Standards, section 2, New source performance standards and Section 3, National emission standards for hazardous air pollutants; Chapter 6, Permit Requirements, section 3, operating permits; Chapter 7, Monitoring RegUlations, Section 3, Compliance assurance monitoring and Chapter 11, National Acid Rain Program, section 2, Acid rain program of the Wyoming Air Quality Standards and 

### f Regulations. These changes correct deficiencies in existing: regUlations or bring state regulations up to date with federal regUlation? in a manner that best meets the nee9s of the State of Wyoming. 2. section 35-11-202(a) of the Environmental Quality Act states that the Administrator, after consultation with the Advisory Board, shail recommend to the Director such ambient air standards and regUlations that may be necessary to prevent, abate, or control pollution. section 35-11-202(b) of the Act states that in recommending such standards the Administrator shall consider all facts and circumstances bearing upon the reasonal;Jleness of the emissions involved including: (A) The character and degree of injury to, or interference with the health and physical well being of the people, animals, wildlife and plant life; (B) 

### The social and economic value of the source of pollution; (C) The priority of location in the area involved; 

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### (D) The technical practicability and economic reasonableness of reducing or eliminating the pollution; and (E) The social welfare and aesthetic value. 3. Chapter 1, Common Provisions, section 6, Credible evidence and Chapter '5, National Emission Standards, section 2, New source performance standards (subsection 

### 2(i) (vii» are being added to respond to a State Implementation Plan (SIP) Call issued by the Environmental Protection Agency (EPA) on October 20, 1999. Th SIP call notified the State of Wyoming, pursuant to section 110 (k) (5) of the Clean Air Act, that the Wyoming SIP was substantially inadequate to comply with**secti~n** 

### l10(a) (2) (A) and (C) of the Act. Chapter 1 is amended to comply specifically with February 24, 1997 revisions to Title 40 parts 51 and 52 of the Code of Federal Regulaiions (CFR). Chapter 5 is amended herein to comply spE!cifically with February 24, 1997 revisions to Title 40 § 

### 60.11(g) of the CFR. These changes mirror requirements in current federal regUlations and are no more stringent. 4. Chapter 3, General Emission Standards, Section 6, Emission standards for VOCS: Chapter 5, National Emission standards, section 2, 

### New source performance standards in part and section 3, 

### National emission standards for hazardous air pollutants and Chapter 11, National Acid Rain Program, section
,.

### 2, Acid rain program are being revised to complete an annual update of all regulations included in the Wyoming Air**Qualit~** 

### Standards and Regulations which are incorporated by**reference~** 

### from the Code of Federal Regulations to reflect the July 1, 1999 publishing date. Chapter 3 is amended to comply specifically with July 1, 1999 revisions to 40 CFR § 51.100(s); Chapter 5 is amendeq herein to comply specifically with July 1, 1999 revisions to 40 CFR §60.40 through 60.759 and appendices to part 60; Chapter 5 is also amended herein to comply specifically with July 1, 1999 revisions to 40 CFR §63.100 through 63.1679 and appendices to part 63. Chapter 11 is amended to comply with July 1, 1999 revisions to 40 CFR parts 72-78. 5. 

### Chapter 5, National Emission Standards, section 2, New source performance standards is also revised in part to clarify specific instances where the Environmental Protection Agency (EPA) Administrator retains regulatory authority. EPA has identified authorities, regarding approval ,of alternative and equivalent test methods, in sUbpart A of 40 CFR part 60 that cannot be delegated to the state. Revisions to section 2, (h) (ii) and section 

### 2(i) (ii) make the general provisions of the State's new source performance standard section consistent with 40 CFR 60.8 (b) (2) and (b) (3) as well as 60.11 (b) and (e). 6. 

### Chapter 6, Permit Requirements, section 3, operating permits, 

### J and Chapter 7, Monitoring Regulations, section 3, Compliance!j assurance monitoring (CAM) are being revised to 90mply with the Federal Compliance Assurance Monitoring Rule. The CAM rule was developed to provide reasonable assurance that major sources relying on air pollution control devices comply with established emission standards. Chapter 6, section 3 is amended to comply specifically with October 22, 1997 revisions to 40 CFR part 70. Chapter 7, section 3 is amended to comply specifically with the October 22, 1997 addition of part 64 to Title 40 of the Code of Federal Regulations. These changes mirror requirements in current federal regulations and are no more stringent. 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.

. 

### Dated this

### 2~ day of October, 2000.

2Analysis ofComments Air Quality Division Rulemaking before the Environmental Quality Council September 11, 2000 Hearing, Jackson, Wyoming
On September 11, 2000, the Environmental Quality Council heard a proposal to revise Wyoming Air Ouality Standards and Regulations. The Division received a total offour comments concerning the material presented before the Council. The first comment was submitted by letter onFebruary 3, 2000 by Gail Kelly with Lyondell Chemical Company. The Division received this comment before the public comment period was initiated, but it has been included in the public record since it pertains to material covered in the rulemaking. The second and third comments were submitted in writing by Renee C. Taylor with Belle Fourche Pipeline on February 28, 2000 and August 2; 2000. The fourth comment was delivered orally at the hearing on September 11, 2000 by Mike Collins with NIl-Drilling Fluids. Copies of the written comments and Division responses have already been forwarded to Council members. The text ofthe oral comment and Division response is included in the hearing transcript. The Division is herein providing a summary of all comments and responses relevant to this rulemaking procedure. Comment #1: On February 3, 2000, Lyondell Chemical Company submitted a letter to the Air Quality Division requesting that the Division begin the process ofrevising regulations to exclude t-Butyl Acetate from the definition ofVolatile Organic Compound (VOC), an action which the Environmental Protection was proposing to do. Lyondell Chemical Company even suggested that the Division consider incorporating the federal definition ofVOC by reference. On April 12, 2000, the Division responded to Lyondell with a letter informing the chemical company that the Air Quality Division already incorporates the federal definition ofVOC by reference. The Division presented the timeline for the adoption by reference process in the State ofWyoming. The Division believes that we are already on track to revise regulations to exclude t-Butyl Acetate from the definition ofVOC ifthe Environmental Protection Agency goes final with such an action. Comment #2: On February 28, 2000, Belle Fourche Pipeline submitted a comment to the Division regarding a proposal before the Air Quality Advisory Board to modify regulations to include a Credible Evidence rule. Belle Fourche was concerned that the term "credible evidence"

- ... was not clearly defined in the rule. The Belle F9urche letter went on say that the Water Quality Division has a similar problem with the term ""credible data" and that efforts had been made to define that term, suggesting that the Air QualityDivision follow their lead. On April 12, 2000, the Division responded to the Belle Fourche letter. First, the Division explained that the term credible evidence cannot be defined 

### in its proposal because the legal system requires that a federal or administrative lawjudgebe the ultimate, independent arbitrator ofthe credibility ofevidence. The Division also pointed out that there are some built in limits as to what 

### will be considered credible. The proposed language includes the phrase"or infonnation relevant to whether a source would have been in compliance with applicable requirements iftheAnalysis ofComments EQC Hearing, Sept. 11, 2000 Page 2 appropriate performance or compliance test or procedure had been performed." This phrase is important because it means that the reference test will be the benchmark against which all evidence will be measured. The other built in limits to what will be considered credible are included in the rules ofevidence applied in a court oflaw. Credible evidence is used in an enforcement action. Enforcement actions are reviewed by the State's Attorney General's Office. While most enforcement cases never end up in a court room, the Air Quality Division works closely with the Attorney General's Office when compiling evidence and the rules ofevidence will be applied. The Division also respondedto Belle Fourche's request to follow the Water Quality Division's efforts in defining credible data. However, credible data used in Water Quality Regulations is a very different concept from what is proposed as credible evidence in the Air Quality Division. The Water Quality Division's efforts to define "credible data" were aimed at broadening, not restricting, the definition ofwhat data could be used in stream classifications. The agricultural community approached the Water Quality Division to broaden the definition so that more types ofdata were considered before a stream was classified. The Air Quality Division, on the other hand, is faced with an enforcement situation, not a stream classification. The Division's purpose in adopting the credible evidence rule is to broaden the realm ofevidence that can be used to prove compliance, or to prove violations, limited only by its relevance to the information that would have been provided by the applicable reference-method test, and by its admissibility under the rules ofevidence. Limiting the realm ofadmissible evidence by defining "credible evidence" in the regulations, as Bell Fourche requested, would undennine the Division's purpose 

### in adopting the rule. Comment #3: On August 2, 2000, Belle Fourche Pipeline submitted a second comment to the Division on the proposed credible evidence rule requesting that the Division provide further clarification in the regulation as to what type ofevidence may be used as credible evidence. The Division responded in writing on August 31, 2000. The Division attempted to show where in the rule it says that the only information**th~l** will be relevant in making a determination ofcredibility is infonnation that tells you whether the source.would have been in compliance ifthe standardized test had been performed. The Division also -explained that this is clearly what the Environmental Protection Agency (EPA) intended from EPA's discussion ofthis very subject in the preamble to the rule. The Division belieyes that the language in the rule and the explication in the preamble should give assurances to regulated industries that "Subjective, anecdotal third party information gathered by an untrained third party would not constitute credible evidence. Comment #4: On September 11, 2000, Mike Collins from :rvrr-Drilling in Greybull commented during the hearing on the proposed Compliance Assurance Monitoring (CAM) Rule. Mr. Collins was concerned that industry would be required under the CAMRule to report all malfunctions and emergency breakdowns as violations and that this was self-incriminating. The Division responded during the hearing, but would like to elaborate on that response for theAnalysis ofComments EQC Hearing, Sept. 11, 2000 Page 3 record. First, it needs to be noted that all current Title V operating permits contain a provision requiring the permit holder to submit a compliance certification statement at least annually. In that certification statement, the responsible official addresses the company's compliance with terms and conditions contained in the operating permit, including emission limitations, standards or work practices. The requirement for this annual compliance certification is not a new requirement. Secondly, the Division does recognize that from time to time facilities will suffer abnonnal operations, equipment malfunctions and emergencies that reach beyond the scope ofthe permittee to foresee. There are provisions in the existing regulations (Chapter 1, Section 5 ­ Abnonnal conditions and equipment malfunction) which allow a facility to report an equipment malfunction or an abnormal condition which may have resulted in an exceedance ofa permitted allowable. Under the existing regulations, the facility must first report the upset and then demonstrate that the event was abnormal and unavoidable. When providing the Division with a certification ofcompliance, reported excess emissions resulting from documented abnormal conditions and equipment malfunctions are not considered violations. Additionally, the permittee may utilize the Emergency Provisions ofthe Title V regulations as an affirmative defense for noncompliance These provisions for abnormal operations remain in place, regardless ofthe CAM rule. The CAM rule is there to assure compliance during normal conditions.

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### TABLE OF CONTENTS CHAPTER 1 - COMMON PROVISIONS WYOMING AIR QUALITY STANDARDS AND REGULATIONS· 

### Section 1. Introduction to common provisions
. . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-1 Section 2. Authority 1-2 Section 3. Definitions 1-3 Section 4. Diluting and concealing emissions 1-8 Section 5. Abnonnal conditions and equipment malfunction.
. . . . . . . . . . . . . . .. 1-9 Section 6. Credible evidence 1-10draft 7/16/00 

### Section 6. Credible Evidence. (a) 

### Forthe purpose ofsubmitting compliance certifications or establishing whether ornota-person has violated oris in violation of

### any standard in the Wyoming state implementationplan, nothing inthe Wyoming state implementationplan shall precludethe use, including the exclusive use, ofanycredible evidence of

### irifonnation relevantto whether a source would havebeen in compliance with 

### aPplicable re51uirements iftheapptopriateperfonnance or compliance test orprocedurehadbeenbenonned.· 

# .

Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. TABLE OF CONTENTS CHAPTER 1 - COMMON PROVISIONS WYOMING AIR QUALITY STANDARDS AND REGULATIONS Introduction to common provisions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 Authority 1-1 Definitions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-1 Diluting and concealing emissions 1-5 Abnonnal conditions and equipment malfunction.
. . . . . . . . . . . . . . .. 1-6 Credible evidence 1-6

### Section 6. Credible evidence. 

### (a) For the purpose ofsubmitting compliance certifications or establishing whether ornot a person has violated or is in violation ofany standard in the Wyoming state implementation plan, nothing in the Wyoming state implementation plan shall preclude the use, including the exclusive use, ofany credible evidence or information relevant to whether a source would have been in compliance with applicable requirements ifthe appropriate performance or compliance test orprocedure had been performed.



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