From: 

Subject: 

Date: 

Priority: 

Todd 

Parfitt, 

Director, 

Department 

of Environmental Quality 

\ 

Proposed Rules for Chapters 4, 5, 6 and 11 (R-22) 

Department of Environmental Quality, Air Quality Division 

February 21,2013 

Summary: 

HIGH- Deadline for response is March 7, 2013 

Notice of Agency Rulemaking 

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

Standards and Regulations listed above. The following is a brief summary of the proposed 

rule changes: 

• Annual updates to New Source Performance Standards, National Emission Standards for 

Hazardous Air Pollutants, and the National Acid Rain Program to be adopted by 

reference from the 2012 Code of Federal Regulations (CFR). lfthe 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 sections affecting the oil and gas industry to be adopted by reference from the 

August 16, 2012 Federal Register. The State has opted to adopt by reference from the 

Federal Register as the codification of the final rule will not occur until July 2013. This 

allows State implementation of the rule to begin expeditiously. 

• Updates to regulations covering hospital/medical/infectious waste incinerators so that 

State regulations match federal guidelines. 

• Updates to Prevention of Significant Deterioration (PSD) regulations so that State 

regulations match federal regulations. Revised regulations are no more stringent than 

federal regulations and allow Wyoming to maintain primacy over the program. PSD 

updates include: 

o Revisions that specifically list new minor source baseline dates for fine 

particulate. 

o Revised federal language on the treatment of condensable particulate matter. 

o Clarifies when the maximum allowable increment is exceeded for particulate 

matter. 

• Adoption of National Emission Standards for Hazardous Air Pollutants (NESHAP) for 

coal and oil-fired electric generating units (EGUs). Should national litigation or EPA 

decisions result in modification of this rule, the State will adopt amended rules to 

maintain consistency with federal regulations. 

The proposed revisions can be seen in the attached draft rules. Specific information on the 

changes can be found in the Statement ofPrincipal Reasons (SOPR). Chapter 6, Sections 4 

and 14 involve changes to the State Implementation Plan (SIP). The Wyoming Air Quality 

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

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Govemor's e Options (to be completed by Governor's Office): -- "-- }Agency may proceed. 

_____ Delay public comment and set up meeting with atur~ J -1-15 

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

rules.