.­

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 _Ot.tJ.... 0 ....' I" r") 

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

~.....-avnu ~\

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 of the 

Wyoming Department of Environmental Quality conducted public hearings pursuant to 40 CFR §51.1 02 

to consider adoption of revisions 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 1 was amended to comply 

specifically with February 24, 1997 revisions to Title 40 part 51 of the Code of Federal Regulations 

(CFR). These changes mirror requirements in current federal regulations and are no more stringent. 

Changes to chapters other than Chapter 1 will 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 of State's Office and became effective 

December 8, 2000. 

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

copies 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 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 777-5973 
Mr. Robbie Roberts 

September 11, 2008 

Page 2 of2 

2.	 An April 12, 2000 memorandum from Dennis Hemmer, former Director of the 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 of legislative authority. 

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

newspapers and dates of publication. 

6.	 A list of signatures of witnesses present at the hearings as well as a copy of the meeting agendas. 

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

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

9.	 Two copies of the 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 of the revised 

State Implementation Plan for the State of Wyoming to include Chapter 1, Common Provisions, Section 

6, Credible evidence of the Wyoming Air Quality Standards and Regulations as revised December 8, 

2000. 

If you 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 of Environmental 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 of State within the 60 day deadline, this package 

must be submitted to the Secretary of State 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 of regular rules to be promulgated by 

this agency after the Legislature adopted a new statutory provision or significantly amended an 

existing statute. Yes __No l 

3.	 Chapter # and name ofrules being created, amended or repealed: 

The foHowing chapters of the 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_ If yes, 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 of intended rulemaking containing all of the infonnation required by W.S. 16-3­

103(a) was fiIed with the Secretary 0 f State on: _-,,-Ju~I'.Ly--=2"-,,,5-,-, =:.2O~O~O"----- _ 

6.	 Notice of intended 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. YesX No_ (If applicable) 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.	 YesX No _ A disk with an exact copy of the attached rules is attached. 

10.	 Final rules with original signatures were sent to the Attorney General's office for the 
Governor'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 of Environmental 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 of the legislative purpose of the statutory authority. 

Therefore, I approve the same. 

Date Approved 

STATE OF WYOMING} Off~of the sec~

Filed the - day of j;. e~ at 9:;;;t:> . M. 

Joseph B. Meyer 

Secretary of State 

.'i:>C.'~'.'"
Grn~~'O~C~RCE (~

"

I "r,\:,\,\, 

OF WYOMING AN 14?O11O ':~_ \ j

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, Cp""~,,, ,,1nt 0 nv..fTO nta ua Ity E)

(The agency contact pers .s ~~ffi~ J / 72-6 

cjenki@state.wy.us) !~,,>. .! 

April 12, 2000 / '
 

Proposed New and Retised Regulations to the Wyoming Air Quality
 

Standards and Regulations (WAQS&R)
 

Nonnal
 

Notice of agency 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 of any 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. EPA believes that the Wyoming SIP may be interpreted to limit
 

the types of evidence 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. J .

___ Delay public comment and set up meeting with 

Governor's staff representative 

.;..." 
, ... 

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 of State 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 Chapter 3, 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 being revised to complete the annual update ofprovisions in the WAQSR 

which incorporate portions of the Code of Federal Regulations by reference. These revisions will 

reflect the July 1, 1999 publishing date of the Code of Federal 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. The changes mirror requirements in current federal regulations and are no more 

stringent. . 

. RECOMMENDATION:	 These rules are authorized under W.S. 35-11-202. 

Recommend approval. 

ACTION NEEDED: .If approved, your signature is needed on the enclosed Certification Page so 

that the rules can be filed with the Secretary of State'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. 

Y~A:U~ -trBvrne 7G< 

Staff Attorney 

KAB/cb
 

Enc.
 
Administrative Rule Review Report #AROO-068 

Legislative Service Office 

28-Nov-00 

AGENCY: Department of Environmental 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 of Reasons" 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 of the proposed ru les, a copy is not attached to til is 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/cb 
35-11-112. 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 of Chapter 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 of Jackson, 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 Disabilities Act, special assistance or alternate Jonnats 

will be made available upon requestJar individuals wzth disabilities. 
List ofNewspapers used for public notice in Rulemaking R- 5/Credible Evidence 

Name of the Newspaper 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, CHAPTER 3, CHAPTER 5, CHAPTER 6, CHAPTER 7, CHAPTER 11
 

TOWN OF JACKSON, COUNCIL CHAMBERS ROOM, 150 E PEARL STREET, JACKSON, WYOMING
 

SEPTEMBER 11, 12, 2000 - 1:30PM
 

Please Print YOUR NAME NAME AND ADDRESS OF COMPANY OR ORGANIZATION STATEMENT 

YES NO ORAL WRITTEN 

fY)/Y<e CtJ //iN.-S !l1-I :DK.r /1/1"/9' PIu/~5 tlJ&X g5~ h.i~ttlJw/;, J//;I $';;<.42G' / .4 / ,/ / 

i,... _ 

~.
Gnvironmental Council 

ERR! LORENZON, Esq. JIM GERINGER 

DIRECTOR GOVERNOR 

Wl/nJ~ .JJulchinjon, Chairman John n. 'Yf!orrij, Vi c/1-Chairman C. Wdliamj, SI/crl/lar~

Jajon ~. Slto 9 ::Dominick J. BI/llaj Rob /I rt Raw Ii n9 j Jhomaj q. rl/tl

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 scheduled to hold a public meeting and hearing on Monday,
 

September 11, 2000 beginning at 9:00' a.m. at the Town of Jackson, 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 - 9:00 A.M.: ./ 'I"" "'=":.,.:) :...,:\>	 '~ .~'.J	 

~?'I l).. ~~ I;t, 1. Call to Order '.. ~_C\"",~ 0 \ ~~..... "U it W ') ......	 ~,~ n':' r;:;~ ­ :- v'V ~~. I 2. Approval of August 7, 2000 Meeting Minutes	 t!;~ <')...e rS~~~...,I:>~ """ .I 

. .2. ~..... e,~ J\J / 

.. '.+_ ':J~ eJ/

3. Approval of Orders:	 , ~'... 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 Permit No. 477-T4, TFN 3 4/277 - Motion fOJ; Reconsideration. LQ 

c.	 Neil Anderson d/b/a Bananas, EQC Docket No. 00-3403, DEQ Docket No. 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; 122 West 25th Street; Cheyenne, Wyoming 82002; TEL: 307-777-7170; FAX: 307-777-6134 
5. For decision - Grand Teton National Park Service & Yellowstone National Park Service ­

EQC Docket Nos. 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 - 9:00 A.Jltf.: 

8. Discussion on mine pennit hearing" procedures. 

9. Continuation of Air Quality hearing, if necessary. 

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. 

Your Name Name and Address of Company or Organization .; ..:.. 

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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 

llew-e- I--·{.r? 7&~~_ . v/ j)E:& 

t./ 'j,/:-O 

-"'" V" / ~} 1-,/ 0. W Y/1 "]1'( )rJ 'P ,_ 1

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(--)') '--1.7'\ L'. IIJ' ]5;;; ~.\ ( ...::i...... /\ rvA.-. ;]i[1)!.../~' fV\/f" ~' V'v' ~, (__' • 
ENVIRONMENTAL QUALITY COUNCIL 

ATTENDANCE SHEET FOR MEETING 

Place: HERSCHLER BLDG 

ROOM 1299, CHEYENNE 

Date: OCTOBER 23, 2000 - 9:00 A.M. 

, , 

I:' 

!", : 

~":r'

Your Name 

....~.. c~.~ l ';~.... wl"":." .,~'_. __ I. 

',-' i..·::~r:LA ....'/\,/Ci... ,:... ()~,{:.~,5J_

v· 

.,.._.. 

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Name and Address of Company 

) 

",.~.'::.~).".r ~L) t:~.· {~~L [ l.,.r } /.~ 'i.... ~'.. ! I,' -,......} ,_) 

or Organization 

!" 
i'ERRI LORENZON, Esq. JIM GERINGER 

DIRECTOR GOVERNOR 

'JfP;~ ~teJ.~, YF~ John GIl( Q//IO'~, UYice _YFhai-r-man

9te,nn	 

~c?'-eta1")l

P!Jo-m-e,'ne,'ck rJ. etta3- 'Pllo-6el't '?Aawle,'n,[J3- Q:?lo- m. aJ /ll. 6!%o-!Jl'en 

9-28-00 

AGENDA 

The Environmental Quality Council is scheduled to hold a public meeting on Monday, October 23, 

2000 beginning at 9:00 A.M. The meeting will be held at the Herschler Bldg., R.I:nr~lft99~~.

25th 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 of August 7, 2000 Meeting Minutes 

3. Approval of Orders: 

a.	 Jac.obs 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, 

M.ining Permit No. 477-T4, TFN 3 4/277 - Motion for Reconsideration. LQ 

c.	 Neil Anderson d/b/a Bananas, EQC Docket No. 00-3407, DEQ Docket No. 3183-00 

- Order Approving NOV & Order. WQ 

d.	 To\Vll ofHartville, DE.QDocket 1'~0. 3179-00, EQC Docket No. 00-3201 - Dismissal 

Order. WQ 

e.	 R.L. Knight & Knight Oil Co., DEQ Docket No. 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 West 25th 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 Docket No. 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 Docket Nos. 99-3204,99-3205, 99-3206 & 99-3207. Docket Nos. 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 11,2000 in Jackson, Wyoming. Mr. Robert Rawlings, 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; 'I' .	 ,t 

(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. 

2
 
Analysis of Comments
 

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 

on February 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 of revising regulations to 

exclude t-Butyl Acetate from the definition of Volatile 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 of VOC 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 if the 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 Quality Division 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 law judge be the ultimate, independent arbitrator 

ofthe credibility of evidence. 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 if the 
Analysis of Comments 

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 of evidence 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 of evidence 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 of what data could be used in stream classifications. The 

agricultural community approached the Water Quality Division to broaden the definition so that 

more types of data 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 of evidence 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 of evidence. Limiting the realm of admissible 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 of evidence 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 of credibility 

is infonnation that tells you whether the source .would have been in compliance if the 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 CAM Rule 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 the 
Analysis of Comments 

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 of a 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 of compliance, 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 of the CAM 

rule. The CAM rule is there to assure compliance during normal conditions. 

".. 
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 1-1 0
 
draft 7/16/00 

Section 6. Credible Evidence. 

(a) For the purpose ofsubmitting compliance certifications or establishing 

whether or nota-person has violated oris 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, ofanycredible evidence of irifonnation 

relevant to whether a source would have been in compliance with aPplicable re51uirements 

iftheapptopriateperfonnance or compliance test or procedurehadbeenbenonned. 
· .
 

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 or not a person has violated or is in violation of any standard in the Wyoming 

state implementation plan, nothing in the Wyoming state implementation plan shall 

preclude the use, including the exclusive use, of any credible evidence or information 

relevant to whether a source would have been in compliance with applicable requirements 

ifthe appropriate performance or compliance test or procedure had been performed. 

1-6