Notice of Proposed Rulemaking By

The Environmental Quality Council 

The Environmental Quality Council (EQC) will consider proposed changes to the Wyoming Department of 

Environmental Quality (WDEQ), Air Quality Division (AQD) Standards and Regulations (WAQSR) at a public 

hearing to be held on October 8, 2014 in Conference Room 1699, Herschler Building, 122 West 25th St., Cheyenne, 

Wyoming commencing at 10:00 A.M. 

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

Wyoming Air Quality Standards and Regulations Chapter 3, General Emission Standards; Chapter 5, National 

Emission Standards; Chapter 6, Permitting Requirements; Chapter 7, Monitoring Regulations; and Chapter 11, 

National Acid Rain Program. Chapter 3, Section 9, Incorporation by reference, is being revised as part of the annual 

effort to adopt changes to the federal definition of VOCs, bringing the version up to date as of July 1, 2013. 

Revisions to Chapter 5, Section 2, New source performance standards, and Section 3, National emission standards 

for hazardous air pollutants, are being proposed to reflect changes in the federal versions of these rules. Chapter 6, 

Permitting Requirements, Section 3, Operating permits, Section 4, Prevention of significant deterioration, and 

Chapter 7, Monitoring Regulations, Section 3, Compliance assurance monitoring (CAM), are being revised to 

update a citation to a Federal Register article under the definition of “tpy CO2 equivalent emissions (CO2e).” 

Section 4 of Chapter 6 is also being updated to specifically list a new minor source baseline date for fine particulate. 

Section 9 of Chapter 3; Section 4 of Chapter 5; and Section 14 of Chapter 6 are all Incorporation by reference 

sections, and are being updated to adopt by reference from the Code of Federal Regulations (CFR) as of July 1, 

2013. These sections have also been revised to include the location on the internet of the incorporated matter as 

defined in W.S. 9-2-1035(a)(iii). Chapter 11, Section 2, Acid rain program, is an annual update to portions of the 

State Air Regulations which are adopted verbatim by reference from the CFR and also includes the location on the 

internet of the incorporated matter as defined in W.S. 9-2-1035(a)(iii). Chapter 3, Section 9; and Chapter 6, Sections 

4 and 14, involve changes to the State Implementation Plan (SIP) to satisfy Clean Air Act Sections 110 and 166. 

The AQD will submit these SIP changes to the EPA. 

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

11, 2014. The written comment period will close on September 24, 2014. Written comments will also become a 

part of the public record. Comments should include the name and address of the commenter to assist the AQD in 

identifing commenters in the Response To Comments. Comments shall be submitted to Administrator, 

WDEQ/AQD, Herschler Building 2-E, 122 W. 25th Street, Cheyenne, Wyoming, 82002, or faxed to 307-777-5616. 

Copies of the public notice, 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.state.wy.us/aqd/index.asp 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 AQD will file an Analysis of Comments prior to the public hearing. The EQC has scheduled the public hearing 

on October 8, 2014. The EQC will consider the proposed rules, written comments, and the analysis of comments, 

along with any modifications proposed by the WDEQ/AQD to the draft rules. At the public hearing, oral statements 

that focus on the written comments, the DEQ’s analysis of comments and issues raised by the analysis will be

accepted. 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 “14-2101”. 

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. 

The EQC may convene a meeting to deliberate and make a decision on these rules at the end of the hearing. The 

EQC also has the option to extend the public comment period on these rules. 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 Environmental 

Quality Council.

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 Hearing 

 October 8, 2014--Public Notice 

Newspaper Date of Publication 

Casper Star Tribune August 11 & 12, 2014 

Wyoming Tribune-Eagle August 11, 2014 

Gillette News Record August 11, 2014 

Rock Springs Daily Rocket Miner August 12, 2014 

Laramie Boomerang August 12, 2014 


Response to Comments for Air Quality Division Rulemakings Before the Environmental 

Quality Council (EQC) on October 8, 2014 

The Wyoming Department of Environmental Quality – Air Quality Division’s proposed 

rulemaking (R23) involves revising Wyoming Air Quality Standards and Regulations (WAQSR) 

Chapter 3, General Emission Standards; Chapter 5, National Emission Standards; Chapter 6, 

Permitting Requirements; Chapter 7, Monitoring Regulations; and Chapter 11, National Acid 

Rain Program. No written comments were received during the 45 day public comment period. 

CALL TO ORDER - Introduction of Council Members & Staff

CASE UPDATES

APPROVAL OF MINUTES

• July 10th, 2014

FINAL HEARING / PUBLIC HEARING

• Air Quality Division Rule Making 10:00 a.m. on October 8th, 

2014Docket 14-2101

CONSENT AGENDA

• NOTICE OF VIOLATION AND ORDER

ƕ Jackson Hole Airport Docket 14-3203 NOV and Order for 

violating Wyoming Statute 35-11-301(a)(iii) which requires a 

permit to construct, modify, or operate a treatment system.

ƕ Richard Nelson Docket 14-3204 NOV and Order for the 

construction of a small wastewater system without a permit to 

construct.

ƕ Jodi Newkirk Docket 14-5202 NOV and Order ordering 

Respondent to have a cathodic protection test performed on the 

underground storage tanks located at the Arlington Outpost, and 

to pay past due tank fees and late fees totaling $900.00

• ADMINISTRATIVE ORDER ON CONSENT

APPROVAL OF ORDER

• Order of Dismissal Docket 10-2801 PacifiCorp appeals specific 

requirements and conditions in BART Permit No. MD-6042 (regarding 

the Naughton Power Plant) and BART Permit No. MD-6040 

(regarding the Jim Bridger power plant). PacifiCorp appeals these 

BART Permits and petitions for their review because the WDEQ 

Division of AQ acted outside its statutory authority and regulatory 

guidelines, and lacked a sufficient evidentiary basis, when WDAQ 

established certain emission controls and limitations for Nitrogen 

Oxides ("NOx") and Particulate Matter ("PM").

 THE STATE OF WYOMING 

ENVIRONMENTAL QUALITY 

COUNCIL AGENDA
OTHER BUSINESS

• Executive Session/ Personnel Matter

• Discuss 2015 Meeting Dates

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 5/30/14 

6-1

REDLINE/STRIKEOUT VERSION 

FOR INFORMATIONAL PURPOSES ONLY 

Permitting Requirements 

CHAPTER 6 

Section 4. Prevention of significant deterioration. 

(a) Definitions. For purposes of this section: 

 “Actual emissions” means the actual rate of emissions of a regulated NSR pollutant from 

an emissions unit, as determined in accordance with paragraphs (i) through (iii) of this definition, 

except that this definition shall not apply for calculating whether a significant emissions increase 

has occurred, or for establishing a PAL under paragraph (b)(xv) of this section. Instead, the 

definitions for “Projected actual emissions” and “Baseline actual emissions” of this section shall 

apply for those purposes. 

 (i) In general, actual emissions as of a particular date shall equal the average rate, 

in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month 

period which precedes the particular date and which is representative of normal source operation. 

The Division shall allow the use of a different time period upon a determination that it is more 

representative of normal source operation. Actual emissions shall be calculated using the unit’s 

actual operating hours, production rates, and types of materials processed, stored, or combusted 

during the selected time period. 

 (ii) The Division may presume that source-specific allowable emissions for the 

unit are equivalent to the actual emissions of the unit. 

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

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

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

Department of Environmental Quality. 

“Allowable emissions” means the emission rate of a stationary source calculated using 

the maximum rated capacity of the source (unless the source is subject to enforceable permit 

conditions which limit the operating rate or hours of operation, or both) and the most stringent of 

the following: 

 (i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these 

regulations and other new source performance standards and national emission standards for 

hazardous air pollutants promulgated by the EPA but not yet adopted by the State of Wyoming. 
Draft 5/30/14 

6-2

 (ii) Any other applicable emission limit in these regulations. 

 (iii) The emission rate agreed to by the owner or operator as an enforceable 

permit condition. 

 “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated 

NSR pollutant, as determined in accordance with paragraphs (i) through (iv) of this definition. 

 (i) For any existing electric utility steam generating unit, baseline actual 

emissions means the average rate, in tons per year, at which the unit actually emitted the 

pollutant during any consecutive 24-month period selected by the owner or operator within the 5-

year period immediately preceding when the owner or operator begins actual construction of the 

project. The Division shall allow the use of a different time period upon a determination that it is 

more representative of normal source operation. 

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

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

 (B) The average rate shall be adjusted downward to exclude any 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 4 permit, 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. 
Draft 5/30/14 

6-3

 (C) The average rate shall be adjusted downward to exclude any 

emissions that would have exceeded an emission limitation with which the major stationary 

source must currently comply, had such major stationary source been required to comply with 

such limitations during the consecutive 24-month period; however, if an emission limitation is 

part of a maximum achievable control technology standard that the EPA Administrator proposed 

or promulgated under 40 CFR 63, the baseline actual emissions need only be adjusted if the 

Division has taken credit for such emissions reductions in an attainment demonstration or 

maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G). 

 (D) For a regulated NSR pollutant, when a project involves multiple 

emissions units, only one consecutive 24-month period must be used to determine the baseline 

actual emissions for the emissions units being changed. A different consecutive 24-month period 

can be used for each regulated NSR pollutant. 

 (E) The average rate shall not be based on any consecutive 24-month 

period for which there is inadequate information for determining annual emissions, in tons per 

year, and for adjusting this amount if required by paragraphs (ii)(B) and (C) of this definition. 

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

determining the emissions increase that will result from the initial construction and operation of 

such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit’s potential to 

emit. 

 (iv) For a PAL for a stationary source, the baseline actual emissions shall be 

calculated for existing electric utility steam generating units in accordance with the procedures 

contained in paragraph (i) of this definition, for other existing emissions units in accordance with 

the procedures contained in paragraph (ii) of this definition, and for a new emissions unit in 

accordance with the procedures contained in paragraph (iii) of this definition. 

 “Baseline area” means any intrastate area (and every part thereof) designated as 

attainment or unclassifiable under the Federal Clean Air Act in which a major source or major 

modification establishing the minor source baseline date would construct or would have an air 

quality impact for the pollutant for which the baseline date is established as follows: Equal to or 

greater than 1 μg/m3(annual average) for SO2, NO2, or PM10; or equal to or greater than 0.3 

μg/m3(annual average) for PM2.5. 

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

matter attainment areas under section 107 of the Clean Air Act: 

 (A) The Powder River Basin Area, described as that area bounded by 

Township 40 through 52 North, and Range 69 through 73 West, inclusive of the Sixth Principal 

Meridian, Campbell and Converse Counties, excluding the areas defined as the Pacific Power 

and Light attainment area and the Hampshire Energy attainment area. 

 (B) The Pacific Power and Light Area, described as that area bounded by 

the NW1⁄4 of Section 27, T50N, R71W, Campbell County, Wyoming. 
Draft 5/30/14 

6-4

 (C) The Hampshire Energy Area, described as that area bounded by 

Section 6 excluding the SW1⁄4; E1⁄2 Section 7; Section 17 excluding the SW1⁄4; Section 14 

excluding the SE1⁄4; Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 of T48N, R70W and Section 26 

excluding the NE1⁄4; SW1⁄4 Section 23; Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35 

of T49N, R70W, Campbell County, Wyoming. 

 (D) The Kennecott-Puron Area, described as the area bounded by the 

W1⁄2SW1⁄4 Section 18, W1⁄2NW1⁄4, NW1⁄4SW1⁄4 Section 19, T47N, R70W, S1⁄2 Section 13, N1⁄2, 

N1⁄2SW1⁄4, N1⁄2SE1⁄4 Section 24 T47N, R71W, Campbell County, Wyoming. 

 (E) The remainder of the State of Wyoming. 

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

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

“Baseline concentration” means that ambient concentration level which exists in the 

baseline area at the time of the applicable minor source baseline date. A baseline concentration 

is determined for each pollutant for which a minor source baseline date is established and shall 

include: 

 

(i) The actual emissions, as defined in this section, representative of sources in 

existence on the applicable minor source baseline date, except as provided in paragraph (iv) of 

this definition; 

 (ii) The allowable emissions of major stationary sources which commenced 

construction before the major source baseline date, but were not in operation by the applicable 

minor source baseline date; 

 (iii) Contributions due to emissions from any emitting source or modification 

which (1) is not listed in Chapter 6, Section 4(a) under the definition for “Major stationary 

source”, item (a) and qualified as “major” prior to August 7, 1980 only because fugitive 

emissions were included in determining potential to emit, (2) submitted a complete permit 

application under Chapter 6, Section 4(b) or the Federal Clean Air Act prior to August 7, 1980, 

and (3) was in existence as of the minor source baseline date; 

 (iv) The following will not be included in the baseline concentration and will 

affect the applicable maximum allowable increment: 

 (A) Actual emissions, as defined in this section, from any major 

stationary source on which construction commenced after the major source baseline date; and 

 (B) Actual emissions increases and decreases, as determined in 

accordance with the definition for “Actual emissions” in this section, at any stationary source 

occurring after the minor source baseline date. 
Draft 5/30/14 

6-5

 “Begin actual construction” means, in general, initiation of physical on-site construction 

activities on an emissions unit which are of a permanent nature. Such activities include, but are 

not limited to, installation of building supports and foundations, laying of underground 

pipework, and construction of permanent storage structures. With respect to a change in method 

of operation this term refers to those onsite activities, other than preparatory activities, which 

mark the initiation of the change. 

“Best available control technology” means an emission limitation (including a visible 

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

regulation under these Standards and Regulations or regulation under the Federal Clean Air Act, 

which would be emitted from or which results for any proposed major stationary source or major 

modification which the Administrator, on a case-by-case basis, taking into account energy, 

environmental, and economic impacts and other costs, determines is achievable for such source 

or modification through application or production processes and available methods, systems, and 

techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for 

control of such pollutant. If the Administrator determines that technological or economic 

limitations on the application of measurement methodology to a particular emissions unit would 

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

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

requirement of Best Available Control Technology. Such standard shall, to the degree possible, 

set forth the emission reduction achievable by implementation of such design, equipment, work 

practice, or operation and shall provide for compliance by means which achieve equivalent 

results. Application of BACT shall not result in emissions in excess of those allowed under 

Chapter 5, Section 2 or Section 3 of these regulations and any other new source performance 

standard or national emission standards for hazardous air pollutants promulgated by the EPA but 

not yet adopted by the State of Wyoming. 

 “Clean coal technology” means any technology, including technologies applied at the 

precombustion, combustion, or post combustion stage, at a new or existing facility which will 

achieve significant reduction in air emissions of sulfur dioxide or oxides of nitrogen associated 

with the utilization of coal in the generation of electricity, or process steam which was not in 

widespread use as of November 15, 1990. 

 “Clean coal technology demonstration project” means a project using funds 

appropriated under the heading “Department of Energy-Clean Coal Technology”, up to a total 

amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar 

projects funded through appropriations for the Environmental Protection Agency. The Federal 

contribution for a qualifying project shall be at least 20 percent of the total cost of the 

demonstration project. 

“Commenced”, as applied to construction of a major stationary source or major 

modification, means that the owner or operator has obtained a Construction Permit required by 

Chapter 6, Section 2 and either has (i) begun, or caused to begin, a continuous program of actual 

on-site construction of the source or (ii) entered into binding agreements or contractual 

obligations, which cannot be canceled or modified without substantial loss to the owner or 

operator, to undertake a program of construction of the source to be completed within a 
Draft 5/30/14 

6-6

reasonable time. 

 “Complete” means, in reference to an application for a permit, that the application 

contains all the information necessary for processing the application. Designating an application 

complete for purposes of permit processing does not preclude the Division from requesting or 

accepting any additional information. 

“Construction” means any physical change or change in the method of operation 

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

which would result in a change in emissions. 

 “Continuous emissions monitoring system (CEMS)” means all of the equipment that 

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

sample, condition (if applicable), analyze, and provide a record of emissions on a continuous 

basis. 

 “Continuous emissions rate monitoring system (CERMS)” means the total equipment 

required for the determination and recording of the pollutant mass emissions rate (in terms of 

mass per unit of time). 

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

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

 “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. 
Draft 5/30/14 

6-7

 “Enforceable” means all limitations and conditions which are enforceable under 

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

Administrator of the EPA, including those requirements developed pursuant to 40 CFR parts 60 

and 61, requirements within the State Implementation Plan, and any permit requirements 

established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.18 

or 51.166. 

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

Secretary of the Department with authority over such lands. 

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

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

“Greenhouse gases (GHGs)”, the air pollutant defined as the aggregate group of six 

greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 

perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in 

paragraph (iii) of this definition. 

 (i) For purposes of paragraphs (ii) and (iii) of this definition, the term “tpy CO2

equivalent emissions (CO2e)” shall represent an amount of GHGs emitted, and shall be 

computed as follows: 

 (A) Multiplying the mass amount of emissions (tpy), for each of the six 

greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential 

published at Table A-1 to Subpart A of 40 CFR part 98--Global Warming Potentials. Table A-1 

to Subpart A of 40 CFR part 98 is adopted by reference from the Code of Federal Regulations 

(CFR), revised and published as of July 1, 2011 Federal Register, as published by the National 

Archives and Records Administration on November 29, 2013, Volume 78, pages 71903-71981, 

not including any later amendments. Copies of the Code of Federal Regulations November 29, 

2013 Federal Register article are available for public inspection and copies can be obtained 

online at http://www.gpo.gov/fdsys/pkg/FR-2013-11-29/pdf/2013-27996.pdf or at cost from the 

Department of Environmental Quality, Division of Air Quality, 122 W. 25th Street, Cheyenne, 

Wyoming 82002 Cheyenne Office. Contact information for the Cheyenne Office can be 

obtained at: http://deq.state.wy.us. Copies of the CFRs can also be obtained at cost from 

Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214. 

 (B) Sum the resultant value from paragraph (i)(A) of this definition for 

each gas to compute a tpy CO2e.

 (C) Prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide 

shall not include carbon dioxide emissions resulting from the combustion or decomposition of 

non-fossilized and biodegradable organic material originating from plants, animals, or microorganisms (including products, by-products, residues and waste from agriculture, forestry and 

related industries as well as the non-fossilized and biodegradable organic fractions of industrial 

and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material). 
Draft 5/30/14 

6-8

 (ii) The term “emissions increase” as used in paragraph (iii) of this definition 

shall mean that both a significant emissions increase (as calculated using the procedures in 

(b)(i)(J) of this section) and a significant net emissions increase (as “net emissions increase” and 

“significant” are defined in this section) occur. For the pollutant GHGs, an emissions increase 

shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated 

NSR pollutant, and “significant” is defined as 75,000 tpy CO2e instead of applying the 

provisions in paragraphs (ii) or (iii) of the definition of “significant” in this section. 

 (iii) The pollutant GHGs is subject to regulation if the stationary source is: 

 (A) A new major stationary source for a regulated NSR pollutant that is 

not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO2e or more; or 

 (B) An existing major stationary source for a regulated NSR pollutant that 

is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an 

emissions increase of 75,000 tpy CO2e or more; or, 

 (C) A new stationary source that will emit or have the potential to emit 

100,000 tpy CO2e; or 

 (D) An existing stationary source that emits or has the potential to emit 

100,000 tpy CO2e, when such stationary source undertakes a physical change or change in the 

method of operation that will result in an emissions increase of 75,000 tpy CO2e or more. 

 “High terrain” means any area having an elevation 900 feet or more above the base of 

the stack of a source. 

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

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

possessing power of self-Government. 

 “Indian Reservation” means any federally recognized reservation established by treaty, 

agreement, executive order, or act of Congress. 

 “Innovative control technology” means any system of air pollution control that has not 

been adequately demonstrated in practice, but would have a substantial likelihood of achieving 

greater continuous emissions reduction than any control system in current practice or of 

achieving at least comparable reductions at lower cost in terms of energy, economics, or non air 

quality environmental impacts. 

 “Lowest achievable emission rate (LAER)” means, for any source, the more stringent 

rate of emissions based on the following: 

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

implementation plan of any State for such class or category of stationary source, unless the 
Draft 5/30/14 

6-9

owner or operator of the proposed stationary source demonstrates that such limitations are not 

achievable; or 

 (ii) The most stringent emissions limitation which is achieved in practice by such 

class or category of stationary sources. This limitation, when applied to a modification, means 

the lowest achievable emissions rate for the new or modified emissions units within a stationary 

source. In no event shall the application of the term permit a proposed new or modified 

stationary source to emit any pollutant in excess of the amount allowable under an applicable 

new source standard of performance. 

 “Low terrain” means any area other than high terrain. 

 “Major modification” means any physical change in or change in the method of 

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

defined in the definition for “Significant emissions increase” in this section) of a regulated NSR 

pollutant (as defined in the definition for “Regulated NSR pollutant” in this section); and a 

significant net emissions increase of that pollutant from the major stationary source. Any 

significant emissions increase (as defined in the definition for “Significant emissions increase” in 

this section) from any emissions units or net emissions increase (as defined in the definition for 

“Net emissions increase” in this section) at a major stationary source that is significant for 

volatile organic compounds or NOx shall be considered significant for ozone. 

 (i) A physical change or change in the method of operation shall not include: 

 (A) Routine maintenance, repair and replacement. 

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

the Federal Clean Air Act; 

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

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

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

Division; 

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

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

1974 (or any superseding legislation), or by reason of a natural gas curtailment plan in effect 

pursuant to the Federal Power Act; 

 (E) Use of an alternative fuel or raw material, if prior to January 6, 1975, 

the source was capable of accommodating such fuel or material unless such change would be 

prohibited by, or inconsistent with, an enforceable permit issued by the Division, or if the source 

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

regulations; 

 (F) Change in ownership of the stationary source; 
Draft 5/30/14 

6-10

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

generating plant; 

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

coal technology demonstration project, provided that the project complies with: 

 (I) The Wyoming State Implementation Plan, and 

 (II) Other requirements necessary to attain and maintain the 

national ambient air quality standards during the project and after it is terminated. 

 (I) The installation or operation of a permanent clean coal technology 

demonstration project that constitutes repowering, provided that the project does not result in an 

increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption 

shall apply on a pollutant-by-pollutant basis. 

 (J) The reactivation of a very clean coal-fired electric utility steam 

generating unit. 

 (ii) This definition shall not apply with respect to a particular regulated NSR 

pollutant when the major stationary source is complying with the requirements under paragraph 

(b)(xv) of this section for a PAL for that pollutant. Instead, the definition in paragraph 

(b)(xv)(B) for “PAL major modification” of this section shall apply. 

“Major source baseline date” means: 

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

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

 (iii) In the case of PM2.5, October 20, 2010. 

 “Major stationary source” means (a) any of the following stationary sources of air 

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

pollutant for which standards are established under these Standards and Regulations or under the 

Federal Clean Air Act, except for sources of GHGs addressed separately under (e) of this 

definition: fossil fuel-fired steam electric plants of more than two hundred and fifty million 

British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp 

mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary 

aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal 

incinerators capable of charging more than two hundred and fifty tons of refuse per day, 

hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock 

processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace 

process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal 

production plants, chemical process plants (which does not include ethanol production facilities 
Draft 5/30/14 

6-11

that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil 

fuel boilers (or combinations thereof) of more than two hundred and fifty million British thermal 

units per hour heat input, petroleum storage and transfer plants with a capacity exceeding three 

hundred thousand barrels, taconite ore processing plants, glass fiber processing plants, charcoal 

production plants. (b) Such term also includes any stationary source which emits, or has the 

potential to emit, two hundred and fifty tons per year or more of any air pollutant for which 

standards are established under these Standards and Regulations or under the Federal Clean Air 

Act, except for sources of GHGs addressed separately under (e) of this definition. (c) Such term 

also includes any physical change that would occur at a stationary source not otherwise 

qualifying under this definition if the change would constitute a major stationary source by itself. 

(d) A major source which is major for volatile organic compounds or NOx is considered to be 

major for ozone. (e) Such term also includes any source of greenhouse gases as defined in 

Chapter 6, Section 4(a), but only if: the greenhouse gases are subject to regulation under 

subsection (iii) of that definition, and the source’s potential to emit greenhouse gases exceeds 

100 tpy on a mass basis if listed under (a) of this definition of “Major stationary source” or 250 

tpy on a mass basis if listed under (b) of this definition of “Major stationary source.” 

“Minor source baseline date” means the earliest date after August 7, 1977 for PM10 and 

sulfur dioxide, and after February 8, 1988 for nitrogen oxides, and after October 20, 2011 for 

PM2.5 on which a major stationary source or major modification submits a complete permit 

application under Chapter 6, Section 4(b) or under the Federal Clean Air Act. 

 (i) The minor source baseline date for sulfur dioxide for the State of Wyoming is 

February 2, 1978. 

 (ii) The minor source baseline date for nitrogen oxides for the State of Wyoming 

is February 26, 1988. 

 (iii) The minor source baseline date for PM10 is as follows: 

 (A) For the Powder River Basin Area - March 6, 1997; 

 (B) For the Pacific Power and Light Area - June 18 1980; 

 (C) For the Hampshire Energy Area - September 30, 1982; 

 (D) For the Kennecott-Puron Area - February 27, 1995; 

 (E) For the rest of the State of Wyoming - February 22, 1979. 

 (iv) The minor source baseline date for PM2.5 is as follows: 

 (A) For Laramie County - March 1, 2012; 

 (B) For the City of Cheyenne - March 1, 2012; 
Draft 5/30/14 

6-12

 (C) For Carbon County - May 1, 2012; 

(D) For Sweetwater County - December 12, 2012.

 (v) The baseline date is established for each pollutant for which increments or 

other equivalent measures have been established, if: 

 (A) The area in which the proposed source or modification would 

construct is designated as attainment or unclassifiable under the Federal Clean Air Act for the 

pollutant on the date of its complete application; and 

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

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

significant net emissions increase of the pollutant. 

 (vi) The baseline date is not established by the permit application for an emitting 

source or modification which (1) is not listed in Chapter 6, Section 4(a) under the definition for 

“Major stationary source”, item (a), (2) qualified as “major” prior to August 7, 1980 only 

because fugitive emissions were included in determining potential to emit, and (3) submitted a 

complete permit application under Chapter 6, Section 4(b) or the Federal Clean Air Act prior to 

August 7, 1980. 

 (vii) Any minor source baseline date established originally for the TSP 

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

available PM10 increments. 

 “Net emissions increase” means, with respect to any regulated NSR pollutant emitted by 

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

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

method of operation at a stationary source as calculated pursuant to paragraph (b)(i)(J) of this 

section; 

 (ii) Any other increases and decreases in actual emissions at the major stationary 

source that are contemporaneous with the particular change and are otherwise creditable. 

Baseline actual emissions for calculating increases and decreases under this paragraph (ii) shall 

be determined as provided in the definition for “Baseline actual emissions”, except that 

paragraphs (i)(C) and (ii)(D) of the definition for “Baseline actual emissions” shall not apply. 

 (iii) An increase or decrease in actual emissions is contemporaneous with the 

increase from the particular change only if it occurs between: 

 (A) The date five years before construction on the particular change 

commences; and 

 (B) The date that the increase from the particular change occurs. 
Draft 5/30/14 

6-13

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

 (A) The Division has not relied on it in issuing a Chapter 6, Section 4 

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

change occurs. 

 (v) An increase or decrease in actual emissions of sulfur dioxide, particulate 

matter, or nitrogen oxides that occurs before the applicable minor source baseline date is 

creditable only if it is required to be considered in calculating the amount of maximum allowable 

increases remaining available. 

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

level of actual emissions exceeds the old level. 

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

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

emissions, whichever is lower, exceeds the new level of actual emissions; 

 (B) It is enforceable as a practical matter at and after the time that actual 

construction on the particular change begins; 

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

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

 (viii) An increase that results from a physical change at a source occurs when the 

emissions unit on which construction occurred becomes operational and begins to emit a 

particular pollutant. Any replacement unit that requires shakedown becomes operational only 

after a reasonable shakedown period, not to exceed 180 days. 

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

determining creditable increases and decreases. 

 “Potential to emit” means the maximum capacity of a stationary source to emit a 

pollutant under its physical and operational design. Any physical or operational limitation on the 

capacity of the source to emit a pollutant, including air pollution control equipment and 

restrictions on hours of operation or the type or amount of material combusted, stored, or 

processed, shall be treated as part of its design if the limitation or the affect it would have on 

emissions is enforceable. Secondary emissions do not count in determining the potential to emit 

of a stationary source. 

 “Predictive emissions monitoring system (PEMS)” means all of the equipment 

necessary to monitor process and control device operational parameters (for example, control 

device secondary voltages and electric currents) and other information (for example, gas flow 

rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, 
Draft 5/30/14 

6-14

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; 

 (C) Shall exclude, in calculating any increase in emissions that results 

from the particular project, that portion of the unit’s emissions following the project that an 

existing unit could have accommodated during the consecutive 24-month period used to establish 

the baseline actual emissions under the definition for “Baseline actual emissions” of this section 

and that are also unrelated to the particular project, including any increased utilization due to 

product demand growth; or,

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

this definition, may elect to use the emissions unit’s potential to emit, in tons per year, as defined 

under the definition of “Potential to emit” of this section. 

 “Reactivation of a very clean coal-fired electric utility steam generating unit” means 

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

commercial operations by a coal-fired utility unit after a period of discontinued operation where 

the unit: 

 (i) Has not been in operation for the two-year period prior to the enactment of the 

Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in 

the State of Wyoming’s emissions inventory at the time of enactment; 
Draft 5/30/14 

6-15

 (ii) Was equipped prior to shut-down with a continuous system of emissions 

control that achieves a removal efficiency for sulfur dioxide of no less than 85 percent and a 

removal efficiency for particulates of not less than 98 percent; 

 (iii) Is equipped with low-NOX burners prior to the time of commencement of 

operations following reactivation; and 

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

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

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

promulgated. This includes, but is not limited to, the following: 

 (A) 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 PSD 

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; 

 (B) Any pollutant identified under this paragraph as a constituent or 

precursor to a pollutant for which a national ambient air quality standard has been promulgated. 

Precursors identified by the EPA Administrator for purposes of NSR are the following: 

 (I) Volatile organic compounds and nitrogen oxides are precursors 

to ozone in all attainment and unclassifiable areas. 

 (II) Sulfur dioxide is a precursor to PM2.5 in all attainment and 

unclassifiable areas. 

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

attainment and unclassifiable areas, unless the State demonstrates to the EPA Administrator’s 

satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific 

area are not a significant contributor to that area’s ambient PM2.5 concentrations. 

 (IV) Volatile organic compounds are presumed not to be 

precursors to PM2.5 in any attainment or unclassifiable area, unless the State demonstrates to the 

EPA Administrator’s satisfaction or EPA demonstrates that emissions of volatile organic 

compounds from sources in a specific area are a significant contributor to that area’s ambient 

PM2.5 concentrations. 
Draft 5/30/14 

6-16

 (ii) Any pollutant that is subject to any standard promulgated under section 111 

of the Federal Clean Air Act; 

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

established by Title VI of the Federal Clean Air Act; 

 (iv) Any pollutant that otherwise is subject to regulation under the Federal Clean 

Air Act; except that any or all hazardous air pollutants either listed in section 112 of the Federal 

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

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

regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a 

constituent or precursor of a general pollutant listed under section 108 of the Federal Clean Air 

Act. 

 (v) [Reserved.] 

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

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

existing emissions unit that is replaced. 

 (i) The emissions unit is a reconstructed unit within the meaning of 

40 CFR part 60.15(b)(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) (as discussed 

in 40 CFR part 51.166(y)(2)) of the process unit. 

 (iv) The replaced emissions unit is permanently removed from the major 

stationary source, otherwise permanently disabled, or permanently barred from operation by a 

permit that is enforceable as a practical matter. If the replaced emissions unit is brought back 

into operation, it shall constitute a new emissions unit. 

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

following clean coal technologies: atmospheric or pressurized fluidized bed combustion, 

integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired 

turbines, integrated gasification fuel cells, or as determined by the Administrator of EPA, in 

consultation with the Secretary of Energy, a derivative of one or more of these technologies, and 

any other technology capable of controlling multiple combustion emissions simultaneously with 

improved boiler or generation efficiency and with significantly greater waste reduction relative 

to the performance of technology in widespread commercial use as of November 15, 1990. 

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

awarded clean coal technology demonstration funding as of January 1, 1991, by the Department 
Draft 5/30/14 

6-17

of Energy. 

 (ii) The Administrator shall give expedited consideration to permit applications 

for any source that satisfies the requirements of this subsection and is granted an extension under 

section 409 of the Clean Air Act. 

 “Secondary emissions” means emissions which occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the major 

stationary source or major modification itself. For the purposes of this section, secondary 

emissions must be specific, well defined, quantifiable, and impact the same general areas as the 

stationary source or modification which causes the secondary emissions. Secondary emissions 

include emissions from any offsite support facility which would not be constructed or increase its 

emissions except as a result of the construction or modification of the major stationary source or 

major modification. Secondary emissions do not include any emissions which come directly 

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

 “Significant” means: 

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

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

rates: 

POLLUTANT AND EMISSIONS RATE 

Carbon monoxide: 100 tons per year (tpy) 

Nitrogen oxides: 40 tpy 

Sulfur dioxide: 40 tpy 

Particulate matter: 25 tpy of particulate matter emissions; 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 

of “Regulated NSR pollutant” in Section 

4(a) of this chapter 

Ozone: 40 tpy of volatile organic compounds 

or nitrogen oxides 

Lead: 0.6 tpy 

Fluorides: 3 tpy 

Sulfuric acid mist: 7 tpy 

Hydrogen sulfide (H2S): 10 tpy 

Total reduced sulfur (including H2S): 10 tpy 

Reduced sulfur compounds (including H2S): 10 tpy 

Municipal waste combustor organics 

(measured as total tetra- through octa-chlorinated 
Draft 5/30/14 

6-18

dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6 megagrams per year (3.5 

 x 10-6 tons per year) 

Municipal waste combustor metals 

(measured as particulate matter): 14 megagrams per year (15 tons per 

 year) 

Municipal waste combustor acid gases 

(measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per 

 year) 

Municipal solid waste landfill emissions 

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

 (ii) “Significant” means, in reference to a net emissions increase or the potential 

of a source to emit a pollutant subject to these regulations and regulations under the Clean Air 

Act, that paragraph (i) above does not list, any emissions rate. 

 (iii) Notwithstanding paragraph (i) above, “significant” means any emissions rate 

or any net emissions increase associated with a major stationary source or major modification 

which would construct within 10 kilometers of a Class I Area, and have an impact on such area 

equal to or greater than 1 μg/m3

(24-hour average). 

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

emissions that is significant (as defined in paragraph (i) of the definition of “Significant” in this 

section) for that pollutant. 

 “Stationary source” means any structure, building, facility, equipment, installation or 

operation (or combination thereof) which emits or may emit any air pollutant subject to these 

regulations or regulations under the Federal Clean Air Act. 

 “Structure, building, facility, equipment, installation, or operation” means all of the 

pollutant-emitting activities which belong to the same industrial grouping, are located on one or 

more contiguous or adjacent properties, and are under the control of the same person (or persons 

under common control) except the activities of any vessel. 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 4101-0066 and 003-005-00176-0, respectively). 

 “Temporary clean coal technology demonstration project” means a clean coal 

technology demonstration project that is operated for a period of 5 years or less, and which 

complies with the Wyoming State Implementation Plan and other requirements necessary to 

attain and maintain the national ambient air quality standards during the project and after it is 

terminated. 

“Volatile organic compounds (VOCs)” is defined in Chapter 3, Section 6(a) of these 

regulations. 
Draft 5/30/14 

6-19

(b) Any person who plans to construct any major stationary source or undertake a major 

modification of an existing stationary source shall be subject to the conditions outlined below. 

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

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

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

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

such emissions. An analysis of the predicted impact of emissions from the stationary source is 

required for all pollutants for which standards have been established under these regulations or 

under the Federal Clean Air Act and which are emitted in significant amounts. An analysis of 

the impact of other pollutants may be required by the Administrator. Such analysis shall identify 

and quantify the impact on the air quality in the area of all emissions not included in the baseline 

concentrations including, but not limited to, those emissions resulting from the instant 

application and all other permits issued in the area. The purpose of this analysis is to determine 

the total deterioration of air quality from the baseline concentrations; however, projections of 

deterioration due to general non-stationary source growth in the area predicted to occur after the 

date of application is not required. A permit to construct pursuant to Chapter 6, Section 2 shall 

be issued only if the conditions of Chapter 6, Section 2 are complied with and if the predicted 

impact (over and above the baseline concentration) of emissions defined above is less than the 

maximum allowable increment shown in Table 1 for the classification of the area in which the 

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

Table 1 

Maximum Allowable Increments of Deterioration - μg/m3

Pollutant Class I Class II 

Particulate Matter: 

PM2.5, annual arithmetic mean 1 4

PM2.5, 24-hr maximum* 2 9

PM10, annual arithmetic mean 4 17

PM10, 24-hour maximum* 8 30

Sulfur Dioxide: 

Annual arithmetic mean 2 20

24-hour maximum* 5 91

3-hour maximum* 25 512

Nitrogen Dioxide

Annual arithmetic mean 2.5 25

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

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

paragraph (b)(i)(A)(I) of this section is deemed to have been made if the emissions increase from 

the new stationary source alone or from the modification alone would cause, in all areas, air 

quality impacts less than the amounts specified in Table 2. 
Draft 5/30/14 

6-20

Table 2 

PM2.5 Significant Impact Levels 

Pollutant Averaging Time Class I Class II 

 PM2.5 Annual 0.06 μg/m3 0.3 μg/m3

 24-hour 0.07 μg/m3

 1.2 μg/m3

 (II) Notwithstanding the provisions of paragraph (b)(i)(A)(I) 

above, the following concentrations shall be excluded in determining compliance with maximum 

allowable increases: 

 (l.) Concentrations attributable to the increase in emissions 

from stationary sources which have converted from the use of petroleum products, natural gas, or 

both by reason of an order in effect under sections 2(a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions 

from such sources before the effective date of such an order. No such exclusion shall apply for 

more than five years after the later of such effective dates; 

 (2.) Concentrations attributable to the increase in 

emissions from sources which have converted from using natural gas by reason of natural gas 

curtailment plan in effect pursuant to the Federal Power Act over the emissions from such 

sources before the effective date of such plan. No such exclusion shall apply for more than 5 

years after the later of such effective date; 

 (3.) Concentrations of particulate matter attributable to the 

increase in emissions from construction or other temporary emission-related activities of new or 

modified sources; 

 (4.) The increase in concentrations attributable to new 

sources outside the United States over the concentrations attributable to existing sources which 

are included in the baseline concentrations; and 

 (5.) Concentrations attributable to the temporary increase 

in emissions of sulfur dioxide, particulate matter, or nitrogen oxides from stationary sources as 

specified below. 

 a. The temporary emissions do not occur for more 

than 2 years. 

 b. The 2-year time period is not renewable. 
Draft 5/30/14 

6-21

 c. Such temporary emissions are not eligible for 

exclusion if they would impact a Class I Area or an area where the applicable increment is 

known to be violated or an area where they would cause or contribute to a violation of the 

applicable ambient air quality standard. 

 d. At the end of the temporary emission time frame, 

emissions from the stationary source causing these temporary emissions shall not exceed those 

levels occurring at such source prior to such temporary emission. 

 (B) In addition to the analyses required under Chapter 6, Section 

4(b)(i)(A) above, 

 (I) The owner or operator shall provide an analysis of the 

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

modification and general commercial, residential, industrial, and other growth associated with 

the source or modification. The owner or operator need not provide an analysis of the impact on 

vegetation having no significant commercial or recreational value. 

 (II) The owner or operator shall provide an analysis of the air 

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

other growth associated with the source or modification. 

 (C) The requirements for demonstration of compliance with applicable 

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

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

4(b)(i)(E) shall not apply to a proposed major stationary source or modification with respect to a 

particular pollutant if the Administrator determines that: 

 (I) The increase in allowable emissions of that pollutant from the 

stationary source or the net emissions increase of that pollutant from a modification would be 

temporary and would impact no Class I Area and no area where an applicable increment is 

known to be violated; or 

 (II) The stationary source was in existence on March 1, 1978, and 

that the maximum allowable emission increases only impact Class II Areas, and that after 

application of BACT, the increase in allowable emissions of each pollutant would be less than 50 

tons per year. 

 (D) Fugitive emissions, to the extent quantifiable, will be considered in 

calculating the potential to emit of the stationary source or modification only for:

 (I) Sources listed in Chapter 6, Section 4(a) under the definition of 

“Major stationary source”, item (a). 

 (II) Any other stationary source category which, as of August 7, 

1980, is being regulated under section 111 or 112 of the Clean Air Act. 
Draft 5/30/14 

6-22

 (III) And such other sources as the Environmental Quality Council 

may later determine.

 (E) An application subject to this section shall contain an analysis of 

ambient air quality in the area that would be affected by the stationary source or modification as 

required below: 

 (I) For each pollutant that the source would have the potential to 

emit in a significant amount. 

 (II) For the modification, each pollutant for which it would result 

in a significant net emissions increase. 

 (III) For pollutants for which National Ambient Air Quality 

Standards have been established, the analysis shall contain continuous air quality monitoring 

data gathered for purposes of determining whether emissions of that pollutant would cause or 

contribute to a violation of the standard or any maximum allowable increase. 

 (IV) In general, the required continuous air quality monitoring 

data shall have been gathered over a period of one year immediately preceding receipt of the 

application. The Administrator may provide that the monitoring period specification may be 

reduced to a minimum of four months if he is satisfied that a complete and adequate analysis can 

be accomplished with monitoring data gathered over a period shorter than one year. 

 (V) All monitoring conducted pursuant to the requirements of this 

section shall meet the requirements of Appendix B of 40 CFR part 58. 

 (VI) The requirements for pre-construction monitoring specified 

above and under Chapter 6, Section 2(b) with respect to monitoring for a particular pollutant may 

be waived by the Administrator upon petition from an applicant if: 

 (1.) The emissions increase of the pollutant from a new 

stationary source or the net emissions increase of the pollutant from a modification would cause, 

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

 a. Carbon Monoxide - 575 μg/m3

, 8-hour average; 

 b. Nitrogen Dioxide - 14 μg/m3, annual average; 

 c. PM2.5 - 4 μg/m3

, 24-hour average; 

 d. PM10 - 10 μg/m3of PM10, 24-hour average; 

 e. Sulfur Dioxide - 13 μg/m3, 24-hour average; 
Draft 5/30/14 

6-23

 f. Ozone (No de minimis air quality level is 

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

organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient 

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

 g. Lead - 0.1 μg/m3, 3-month average; 

 h. Fluorides - 0.25 μg/m3, 24-hour average; 

 i. Total Reduced Sulfur - 10 μg/m3, 1-hour average; 

 j. Hydrogen Sulfide - 0.2 μg/m3

, 1-hour average; 

 k. Reduced Sulfur Compounds - 10 μg/m3, 1-hour 

average; or 

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

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

(b)(i)(E)(VI)(1.) of this section; or 

 (3.) The pollutant is not listed in paragraph 

(b)(i)(E)(VI)(1.) of this section.

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

of this section to conduct an approved visibility monitoring program in any Class I Area which 

may be impacted by emissions from the proposed stationary source. 

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

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

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

modification otherwise to emit a pollutant, then all of the provisions of Chapter 6, Sections 2 and 

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

source or modification. 

 (H) The following specific provisions apply to projects at existing 

emissions units at a major stationary source (other than projects at a source with a PAL) in 

circumstances where the owner or operator elects to use the method specified in paragraphs 

(i)(A) through (C) of the definition for “Projected actual emissions” for calculating projected 

actual emissions. 

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

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

 (1.) A description of the project; 

 (2.) Identification of the emissions unit(s) whose emissions 
Draft 5/30/14 

6-24

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

 (3.) A description of the applicability test used to 

determine that the project is not a major modification for any regulated NSR pollutant, including 

the baseline actual emissions, the projected actual emissions, the amount of emissions excluded 

under paragraph (i)(C) of the definition for “Projected actual emissions” in Section 4(a) and an 

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

 (II) Before beginning actual construction, the owner or operator 

shall provide the information set out in paragraph (b)(i)(H)(I) of this section to the Division as a 

Chapter 6, Section 2 permit application. 

 (III) The owner or operator shall monitor the emissions of 

any regulated NSR pollutant that could increase as a result of the project and that is emitted by 

any emissions unit identified in paragraph (b)(i)(H)(I)(2.) of this section; and calculate and 

maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period 

of 5 years following resumption of regular operations after the change, or for a period of 10 years 

following resumption of regular operations after the change if the project increases the design 

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

 (IV) The owner or operator shall submit a report to the Division 

within 60 days after the end of each year during which records must be generated under 

paragraph (b)(i)(H)(III) of this section setting out the unit’s annual emissions during the calendar 

year that preceded submission of the report. 

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

required to be documented and maintained pursuant to paragraph (b)(i)(H) of this section 

available for review upon request for inspection by the Division or the general public pursuant to 

the requirements contained in 40 CFR 70.4(b)(3)(viii). 

 (J) (I) Except as otherwise provided in paragraph (b)(xv) of this 

section, and consistent with the definition of “Major modification” contained in Section 4(a), a 

project is a major modification for a regulated NSR pollutant if it causes two types of emissions 

increases - a significant emissions increase (as defined in the definition for “Significant 

emissions increase” in Section 4(a)), and a significant net emissions increase (as defined in the 

definitions for “Net emissions increase” and “Significant” in Section 4(a)). The project is not a 

major modification if it does not cause a significant emissions increase. If the project causes a 

significant emissions increase, then the project is a major modification only if it also results in a 

significant net emissions increase. 

 (II) The procedure for calculating (before beginning actual 

construction) whether a significant emissions increase (i.e., the first step of the process) will 

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

(b)(i)(J)(III) through (V) of this section. The procedure for calculating (before beginning actual 

construction) whether a significant net emissions increase will occur at the major stationary 

source (i.e., the second step of the process) is contained in the definition for “Net emissions 
Draft 5/30/14 

6-25

increase” in Section 4(a). Regardless of any such preconstruction projections, a major 

modification results if the project causes a significant emissions increase and a significant net 

emissions increase. 

 (III) Actual-to-Projected-Actual Applicability Test For Projects 

That Only Involve Existing Emissions Units. A significant emissions increase of a regulated 

NSR pollutant is projected to occur if the sum of the difference between the projected actual 

emissions (as defined in the definition for “Projected actual emissions” in Section 4(a)) and the 

baseline actual emissions (as defined in paragraphs (i) and (ii) in the definition of “Baseline 

actual emissions” in Section 4(a)) for each existing emissions unit, equals or exceeds the 

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

4(a)). 

 (IV) Actual-to-Potential Test For Projects That Only Involve 

Construction of a New Emissions Unit(s). A significant emissions increase of a regulated NSR 

pollutant is projected to occur if the sum of the difference between the potential to emit (as 

defined in the definition for “Potential to emit” in Section 4(a)) from each new emissions unit 

following completion of the project and the baseline actual emissions (as defined in paragraph 

(iii) for the definition of “Baseline actual emissions” in Section 4(a)) of these units before the 

project equals or exceeds the significant amount for that pollutant (as defined in the definition of 

“Significant” in Section 4(a)). 

 

 (V) Hybrid Test For Projects That Involve Multiple Types of 

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

occur if the sum of the emissions increases for each emissions unit, using the method specified in 

paragraphs (b)(i)(J)(III) and (IV) of this section as applicable with respect to each emissions unit, 

for each type of emissions unit equals or exceeds the significant amount for that pollutant (as 

defined in the definition of “Significant” in Section 4(a)). 

 (ii) (A) The required permit shall not be issued unless the proposed major 

stationary source or major modification would meet an emission limit(s) or equipment 

standard(s) specified by the Administrator to represent the application of Best Available Control 

Technology for each pollutant regulated under these Standards and Regulations and under the 

Federal Clean Air Act and having the potential to emit in significant amounts. For phased 

construction projects, the determination of BACT shall be reviewed and modified as appropriate 

at the latest, most reasonable time no later than 18 months prior to commencement of each phase 

of the proposed project. At such time, the owner or operator of the applicable stationary source 

may be required to demonstrate the adequacy of any previous determination of best available 

control technology for the stationary source. 

 (B) In the case of a major modification, the requirements for Best 

Available Control Technology shall apply only to each new or modified emissions unit at which 

a net emissions increase of the pollutant would occur. 

 (C) (I) The applicant for a permit for a source subject to this section 

may petition the Administrator to approve a system of innovative control technology. 
Draft 5/30/14 

6-26

 (II) The Administrator, with the approval of the governor(s) of 

other affected state(s) may approve the employment of a system of innovative control technology 

if: 

 (1.) The proposed control system would not cause or 

contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; 

 (2.) The owner or operator agrees to achieve a level of 

continuous emissions reduction equivalent to that which would have been required under 

paragraphs (ii)(A) and (B) above by a date specified by the Administrator. Such date shall not be 

later than 4 years from the time of startup or 7 years from permit issuance. 

 (3.) The major stationary source or major modification 

would meet the requirements equivalent to those in paragraphs (b)(i)(A)(I), (b)(ii)(A), and 

(b)(ii)(B) above based on the emission rate that the stationary source employing the system of 

innovative control technology would be required to meet on the date specified by the 

Administrator. 

 (4.) The source or modification would not before the date 

specified by the Administrator: 

 a. Cause or contribute to any violation of an 

applicable National Ambient Air Quality Standard, or 

 b. Impact any Class I Area, or 

 c. Impact any area where an applicable increment is 

known to be violated. 

 (5.) All other applicable requirements including those for 

public participation have been met. 

 (III) The approval to employ a system of innovative control 

technology shall be withdrawn by the Administrator if: 

 (1.) The proposed system fails by the specified date to 

achieve the required continuous emissions reduction rate, or 

 (2.) The proposed system fails before the specified date so 

as to contribute to an unreasonable risk to public health, welfare, or safety, or 

 (3.) The Administrator decides at any time that the 

proposed system is unlikely to achieve the required level of control or to protect the public 

health, welfare, or safety. 
Draft 5/30/14 

6-27

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

of continuous emissions reduction within the specified time period or if the approval is 

withdrawn in accordance with (III) above, the Administrator may allow the source or 

modification up to an additional three years to meet the requirement for the application of BACT 

through use of a demonstrated system of control. 

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

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

denial of a required permit and shall not be taken into account when determining compliance 

with the maximum allowable increments in Table 1; however, Best Available Control 

Technology shall be applied to abate such temporary emission. 

 (iv) All applications of air quality modeling required under paragraph (b)(i) 

above shall be based on the applicable models, databases, and other requirements specified in 

Appendix W of 40 CFR part 51 (Guideline on Air Quality Models). Where an air quality model 

specified in Appendix W of 40 CFR part 51 (Guideline on Air Quality Models) is inappropriate, 

the model may be modified or another model substituted. Such a modification or substitution of 

a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a 

specific State of Wyoming program. Written approval of the EPA Administrator must be 

obtained for any modification or substitution. In addition, use of a modified or substituted model 

must be subject to notice and opportunity for public comment under procedures set forth in 

Chapter 6, Section 2(g). 

 (v) In any case where the federal official charged with direct responsibility for 

management of any lands within a Class I Area, or the Administrator of EPA or the governor of 

an adjacent state containing such a Class I Area, files a notice alleging that emissions from a 

proposed source or major modification may cause or contribute to a change in the air quality in 

such area and identifying the potential adverse impact of such change, a permit shall not be 

issued unless the owner or operator of such source demonstrates to the satisfaction of the 

Administrator that emissions of particulate matter, sulfur dioxide, and nitrogen oxides will not 

cause or contribute to concentrations which exceed the maximum allowable increases for the 

Class I Area in question. 

 (vi) (A) In any case where a Federal Land Manager demonstrates to the 

satisfaction of the Administrator that the emissions from such source will have an adverse impact 

on the air quality-related values (including visibility) of such Class I Areas, notwithstanding the 

fact that the change in air quality resulting from emissions from such source will not cause or 

contribute to concentrations which exceed the maximum allowable increases for Class I Areas, a 

permit shall not be issued. 

 (B) However, in the case where the Federal Land Manager provides to the 

Division at least 30 days prior to the Public Notice issued pursuant to Chapter 6, Section 2(m) of 

these regulations, an analysis of the impact of the emissions on visibility in a Federal Class I 

Area, the Division must consider such analysis in making its proposed decision. If the Federal 

Land Manager’s analysis concludes that an adverse impact on visibility in the Federal Class I 

Area will occur but the Administrator determines that the analysis does not demonstrate to his 
Draft 5/30/14 

6-28

satisfaction that such an adverse impact on visibility will occur, the Administrator shall in the 

Public Notice issued pursuant to the requirements of Chapter 6, Section 2(m), explain his 

decision or give notice as to where the explanation can be obtained. 

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

satisfaction of the Federal Land Manager, and the Federal Land Manager so certifies, that the 

emissions from such source will have no adverse impact on the air quality-related values of such 

Class I Areas (including visibility) notwithstanding the fact that the change in air quality 

resulting from emissions from such source will cause or contribute to concentrations which 

exceed the maximum allowable increases for Class I Areas, the Administrator may issue a 

permit. 

 (viii) In the case of a permit issued pursuant to subsection (vii), such source shall 

comply with such emission limitation under such permit as may be necessary to assure that 

emissions of sulfur oxides, particulate matter, and nitrogen oxides from such source, will not 

cause or contribute to concentrations of such pollutant which exceeds the following maximum 

allowable increases over the baseline concentration for such pollutants: 

 Maximum Allowable Increase 

 (micrograms per cubic meter) Particulate 

matter: 

 PM2.5, annual arithmetic mean 4

 PM2.5, 24-hr maximum 9

 PM10, annual arithmetic mean 17

 PM10, 24-hour maximum 30

 Sulfur dioxide: 

 Annual arithmetic mean 20

 Twenty-four-hour maximum 91

 Three-hour maximum 325

 Nitrogen dioxide: 

 Annual arithmetic mean 25

 (ix) (A) In any case where the owner or operator of a proposed major 

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

(vii) demonstrates to the satisfaction of the Governor of Wyoming (hereinafter the Governor), 

after notice and public hearing, and the Governor finds, that the source cannot be constructed by 

reason of any maximum allowable increases for sulfur dioxide for periods of twenty-four hours 

or less applicable to any Class I Area and, in the case of federal Mandatory Class I Areas, that a 

variance under this clause will not adversely affect the air quality related values of the area 

(including visibility), the Governor, after consideration of the Federal Land Manager’s 

recommendation (if any) and subject to his concurrence, may grant a variance from such 

maximum allowable increase. If a variance is granted, a permit may be issued to such source 

pursuant to the requirements of this subparagraph provided other requirements of this section are 

met.

 (B) In the case of a permit issued pursuant to subparagraph (ix)(A), such 
Draft 5/30/14 

6-29

source shall comply with such emission limitations under such permit as may be necessary to 

assure that emissions of sulfur oxides from such source will not (during any day on which the 

otherwise applicable maximum allowable increases are exceeded) cause or contribute to 

concentrations which exceed the following maximum allowable increases for such areas over the 

baseline concentration for such pollutant and to assure that such emissions will not cause or 

contribute to concentrations which exceed the otherwise applicable maximum allowable 

increases for periods of exposure of 24 hours or less on more than 18 days during any annual 

period. 

 Maximum Allowable Increase 

 (micrograms per cubic meter) 

Period of exposure: 

Low terrain areas: 

24-hr maximum 36

3-hr maximum 130

High terrain areas: 

24-hr. maximum 62

3-hr maximum 221

 (x) Notwithstanding other requirements of this section, a portable source which is 

a major stationary source and which has otherwise received a construction permit under Chapter 

6, Sections 2 and 4 shall not be required to obtain additional relocation permits under this section 

if: 

 (A) Emissions from the source would not exceed allowable emissions; 

and

 (B) Such relocation would impact no Class I Area and no area where an 

applicable increment is known to be violated; and 

 (C) Notice is given to the Division at least 10 days prior to such 

relocation identifying the proposed new location and the probable duration of operation at such 

location; and 

 (D) Emissions at the new location will be temporary. 

 (xi) After a final decision is made on an application for a source subject to this 

section, the final decision will be transmitted in writing to the applicant and the final decision 

and all comments received by the Division during the public comment period will be made 

available for public inspection in the same location where the application and analysis was 

posted. A copy of each permit application for each source or modification subject to this section 
Draft 5/30/14 

6-30

and impacting a Federal Class I Area will be transmitted to EPA. EPA will be provided with 

notice of each action taken by the Division on such application. 

 (xii) [Reserved.] 

 (xiii) [Reserved.] 

 (xiv) [Reserved.] 

 (xv) Actuals Plantwide Applicability Limitations (PALs). 

 (A) Applicability. 

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

existing major stationary source if the PAL meets the requirements in paragraphs (b)(xv)(A) 

through (O) of this section. The term “PAL” shall mean “actuals PAL” throughout paragraph 

(b)(xv) of this section. 

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

of a major stationary source that maintains its total source-wide emissions below the PAL level, 

meets the requirements in paragraphs (b)(xv)(A) through (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 4 permit; and 

 (3.) Is not subject to the provisions in paragraph (b)(i)(G) 

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

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

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

section, a major stationary source shall continue to comply with all applicable Federal or State of 

Wyoming requirements, emission limitations, and work practice requirements that were 

established prior to the effective date of the PAL. 

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

consistent with paragraphs (b)(xv)(A) through (O) of this section. When a term is not defined in 

these paragraphs, it shall have the meaning given in Section 4(a) of this section or in the Clean 

Air Act. 

 “Actuals PAL for a major stationary source” means a PAL based on the 

baseline actual emissions (as defined in the definition for “Baseline actual emissions” in Section 

4(a)) of all emissions units (as defined in the definition for “Source” in Section 4(a)) at the 

source, that emit or have the potential to emit the PAL pollutant. 
Draft 5/30/14 

6-31

 “Allowable emissions” has the same meaning as in the definition for 

“Allowable emissions” in Section 4(a), except as this definition is modified according to 

paragraphs (i) and (ii) of this definition. 

 (i) The allowable emissions for any emissions unit shall be 

calculated considering any emission limitations that are enforceable as a practical matter on the 

emissions unit’s potential to emit. 

 (ii) An emissions unit’s potential to emit shall be determined using 

the definition of “Potential to emit” in Section 4(a), except that the words “or enforceable as a 

practical matter” should be added after “enforceable”. 

 “Major emissions unit” means: 

 (i) Any emissions unit that emits or has the potential to emit 100 

tons per year or more of the PAL pollutant in an attainment area; or 

 (ii) Any emissions unit that emits or has the potential to emit the 

PAL pollutant in an amount that is equal to or greater than the major source threshold for the 

PAL pollutant as defined by the Clean Air Act for nonattainment areas. (For example, in 

accordance with the definition of major stationary source in section 182(c) of the Clean Air Act, 

an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a 

serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of 

VOC per year.) 

 “PAL effective date” generally means the date of issuance of the PAL 

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

is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

 “PAL effective period” means the period beginning with the PAL 

effective date and ending 10 years later. 

 “PAL major modification” means, notwithstanding the definitions for 

“Major modification” and “Net emissions increase” of Section 4(a), any physical change in or 

change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a 

level equal to or greater than the PAL. 

 “PAL permit” means the Chapter 6, Section 2 or Section 4 permit issued 

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

 “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 
Draft 5/30/14 

6-32

practical matter and established source-wide in accordance with paragraphs (b)(xv)(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 4(a) or in the Clean Air Act, 

whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit 

as a major emissions unit as defined in paragraph (b)(xv)(B) for the definition of “Major 

emissions unit” of this section. 

 “Small emissions unit” means an emissions unit that emits or has the 

potential to emit the PAL pollutant in an amount less than the significant level for that PAL 

pollutant, as defined in the definition for “Significant” in Section 4(a) or in the Clean Air Act, 

whichever is lower. 

 (C) Permit Application Requirements. As part of a permit application 

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

information in paragraphs (b)(xv)(C)(I) through (III) of this section to the Division for approval. 

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

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

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

emission limitations, or work practices apply to each unit. 

 (II) Calculations of the Baseline Actual Emissions (With 

Supporting Documentation). Baseline actual emissions are to include emissions associated not 

only with operation of the unit, but also emissions associated with startup, shutdown, and 

malfunction. 

 (III) The calculation procedures that the major stationary source 

owner or operator proposes to use to convert the monitoring system data to monthly emissions 

and annual emissions based on a 12-month rolling total for each month as required by paragraph 

(b)(xv)(M)(I) of this section. 

 (D) General Requirements For Establishing PALs. 

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

provided that at a minimum, the requirements in paragraphs (b)(xv)(D)(I)(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 
Draft 5/30/14 

6-33

effective date, the major stationary source owner or operator shall show that the sum of the 

preceding monthly emissions from the PAL effective date for each emissions unit under the PAL 

is less than the PAL. 

 (2.) The PAL shall be established in a PAL permit that 

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

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

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

 (4.) The PAL shall include fugitive emissions, to the extent 

quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at 

the major stationary source. 

 (5.) Each PAL shall regulate emissions of only one 

pollutant. 

 (6.) Each PAL shall have a PAL effective period of 10 

years. 

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

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

provided in paragraphs (b)(xv)(L) through (N) of this section for each emissions unit under the 

PAL through the PAL effective period. 

 (II) At no time (during or after the PAL effective period) are 

emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as 

decreases for purposes of offsets under 40 CFR part 51.165(a)(3)(ii) unless the level of the PAL 

is reduced by the amount of such emissions reductions and such reductions would be creditable 

in the absence of the PAL. 

 (E) Public Participation Requirements For PALs. PALs for existing 

major stationary sources shall be established, renewed, or increased, through a procedure that is 

consistent with Chapter 6, Section 2. This includes the requirement that the Division provide the 

public with notice of the proposed approval of a PAL permit and at least a 30-day period for 

submittal of public comment. The Division must address all material comments before taking 

final action on the permit. 

 (F) Setting the 10-Year Actuals PAL Level. 

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

the actuals PAL level for a major stationary source shall be established as the sum of the baseline 

actual emissions (as defined in the definition for “Baseline actual emissions” in Section 4(a)) of 

the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable 

significant level for the PAL pollutant under the definition of “Significant” in Section 4(a) or 

under the Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL 
Draft 5/30/14 

6-34

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 (b)(xv)(F)(I) of this 

section, the emissions must be added to the PAL level in an amount equal to the potential to emit 

of the units.

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

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

 (I) The PAL pollutant and the applicable source-wide emission 

limitation in tons per year. 

 (II) The PAL permit effective date and the expiration date of the 

PAL (PAL effective period). 

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

source owner or operator applies to renew a PAL in accordance with paragraph (b)(xv)(J) of this 

section before the end of the PAL effective period, then the PAL shall not expire at the end of the 

PAL effective period. It shall remain in effect until a revised PAL permit is issued by the 

Division. 

 (IV) A requirement that emission calculations for compliance 

purposes include emissions from startups, shutdowns and malfunctions. 

 (V) A requirement that, once the PAL expires, the major stationary 

source is subject to the requirements of paragraph (b)(xv)(I) of this section. 

 (VI) The calculation procedures that the major stationary source 

owner or operator shall use to convert the monitoring system data to monthly emissions and 

annual emissions based on a 12-month rolling total for each month as required by paragraph 

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

 (VII) A requirement that the major stationary source owner or 

operator monitor all emissions units in accordance with the provisions under paragraph 
Draft 5/30/14 

6-35

(b)(xv)(M) of this section. 

 (VIII) A requirement to retain the records required under 

paragraph (b)(xv)(M) of this section on site. Such records may be retained in an electronic 

format. 

 (IX) A requirement to submit the reports required under paragraph 

(b)(xv)(N) of this section by the required deadlines. 

 (X) Any other requirements that the Division deems necessary to 

implement and enforce the PAL. 

 (H) PAL Effective Period and Reopening of the PAL Permit. 

 (I) PAL Effective Period. The PAL effective period shall be 10 

years. 

 (II) Reopening of the PAL Permit. 

 (1.) During the PAL effective period, the Division shall 

reopen the PAL permit to: 

 a. Correct typographical/calculation errors made in 

setting the PAL or reflect a more accurate determination of emissions used to establish the PAL; 

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

major stationary source creates creditable emissions reductions for use as offsets under 40 CFR 

part 51.165(a)(3)(ii); and 

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

as provided under paragraph (b)(xv)(K) of this section. 

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

following: 

 a. Reduce the PAL to reflect newly applicable 

Federal requirements (for example, NSPS) with compliance dates after the PAL effective date; 

 b. Reduce the PAL consistent with any other 

requirement, that is enforceable as a practical matter, and that the Division may impose on the 

major stationary source; and 

 c. Reduce the PAL if the Division determines that a 

reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, 

or to an adverse impact on an AQRV that has been identified for a Federal Class I Area by a 

Federal Land Manager and for which information is available to the general public. 
Draft 5/30/14 

6-36

 (3.) Except for the permit reopening in paragraph 

(b)(xv)(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 (b)(xv)(E) of this section. 

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

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

period, and the requirements in paragraphs (b)(xv)(I)(I) through (V) of this section shall apply. 

 (I) Each emissions unit (or each group of emissions units) that 

existed under the PAL shall comply with an allowable emission limitation under a revised permit 

established according to the procedures in paragraphs (b)(xv)(I)(I)(1.) and (2.) of this section. 

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

paragraph (b)(xv)(J)(II) of this section, the major stationary source shall submit a proposed 

allowable emission limitation for each emissions unit (or each group of emissions units, if such a 

distribution is more appropriate as decided by the Division) by distributing the PAL-allowable 

emissions for the major stationary source among each of the emissions units that existed under 

the PAL. If the PAL had not yet been adjusted for an applicable requirement that became 

effective during the PAL effective period, as required under paragraph (b)(xv)(J)(V) of this 

section, such distribution shall be made as 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 (b)(xv)(I)(I)(2.) of this section, the source shall continue to comply with a sourcewide, multi-unit emissions cap equivalent to the level of the PAL emission limitation. 

 (IV) Any physical change or change in the method of operation at 

the major stationary source will be subject to Chapter 6, Section 4 requirements if such change 

meets the definition of “Major modification” in Section 4(a). 

 (V) The major stationary source owner or operator shall continue 

to comply with any State of Wyoming or Federal applicable requirements (BACT, RACT, 

NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL 

effective period except for those emission limitations that had been established pursuant to 
Draft 5/30/14 

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paragraph (b)(i)(G) of this section, but were eliminated by the PAL in accordance with the 

provisions in paragraph (b)(xv)(A)(II)(3.) of this section. 

 (J) Renewal of a PAL. 

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

(b)(xv)(E) of this section in approving any request to renew a PAL for a major stationary source, 

and shall provide both the proposed PAL level and a written rationale for the proposed PAL level 

to the public for review and comment. During such public review, any person may propose a 

PAL level for the source for consideration by the Division. 

 (II) Application Deadline. A major stationary source owner or 

operator shall submit a timely application to the Division to request renewal of a PAL. A timely 

application is one that is submitted at least 6 months prior to, but not earlier than 18 months 

from, the date of permit expiration. This deadline for application submittal is to ensure that the 

permit will not expire before the permit is renewed. If the owner or operator of a major 

stationary source submits a complete application to renew the PAL within this time period, then 

the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 

 (III) Application Requirements. The application to renew a PAL 

permit shall contain the information required in paragraphs (b)(xv)(J)(III)(1.) through (4.) of this 

section. 

 (1.) The information required in paragraphs (b)(xv)(C)(I) 

through (III) of this section. 

 (2.) A proposed PAL level. 

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

under the PAL (with supporting documentation). 

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

the Division to consider in determining the appropriate level for renewing the PAL. 

 (IV) PAL Adjustment. In determining whether and how to adjust 

the PAL, the Division shall consider the options outlined in paragraphs (b)(xv)(J)(IV)(1.) and 

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

(b)(xv)(J)(IV)(3.) of this section. 

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

paragraph (b)(xv)(F) of this section is equal to or greater than 80 percent of the PAL level, the 

Division may renew the PAL at the same level without considering the factors set forth in 

paragraph (b)(xv)(J)(IV)(2.) of this section; or 

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

determines to be more representative of the source’s baseline actual emissions, or that it 
Draft 5/30/14 

6-38

determines to be appropriate considering air quality needs, advances in control technology, 

anticipated economic growth in the area, desire to reward or encourage the source’s voluntary 

emissions reductions, or other factors as specifically identified by the Division in its written 

rationale. 

 (3.) Notwithstanding paragraphs (b)(xv)(J)(IV)(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 (b)(xv)(K) of this section (increasing a PAL). 

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

requirement that applies to the PAL source occurs during the PAL effective period, and if the 

Division has not already adjusted for such requirement, the PAL shall be adjusted at the time of 

PAL permit renewal or Chapter 6, Section 3 operating permit renewal, whichever occurs first. 

 (K) Increasing a PAL During the PAL Effective Period. 

 (I) The Division may increase a PAL emission limitation only if 

the major stationary source complies with the provisions in paragraphs (b)(xv)(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 

emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that 

would result from BACT equivalent controls on each significant or major emissions unit shall be 

determined by conducting a new BACT analysis at the time the application is submitted, unless 

the emissions unit is currently required to comply with a BACT or LAER requirement that was 

established within the preceding 10 years. In such a case, the assumed control level for that 

emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must 

currently comply. 

 (3.) The owner or operator obtains a Chapter 6, Section 4 

permit for all emissions unit(s) identified in paragraph (b)(xv)(K)(I)(1.) of this section, regardless 
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6-39

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 4 process (for example, BACT), even though they have also become subject 

to the PAL or continue to be subject to the PAL. 

 (4.) The PAL permit shall require that the increased PAL 

level shall be effective on the day any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant. 

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

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

emissions of the significant and major emissions units (assuming application of BACT 

equivalent controls as determined in accordance with paragraph (b)(xv)(K)(I)(2.) of this section), 

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

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

level pursuant to the public notice requirements of paragraph (b)(xv)(E) of this section. 

 (L) Monitoring Requirements for PALs. 

 (I) General Requirements. 

 (1.) Each PAL permit must contain enforceable 

requirements for the monitoring system that accurately determines plantwide emissions of the 

PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in 

the PAL permit must be based on sound science and meet generally acceptable scientific 

procedures for data quality and manipulation. Additionally, the information generated by such 

system must meet minimum legal requirements for admissibility in a judicial proceeding to 

enforce the PAL permit. 

 (2.) The PAL monitoring system must employ one or more 

of the four general monitoring approaches meeting the minimum requirements set forth in 

paragraphs (b)(xv)(L)(II)(1.) through (4.) of this section and must be approved by the Division. 

 (3.) Notwithstanding paragraph (b)(xv)(L)(I)(2.) of this 

section, you may also employ an alternative monitoring approach that meets paragraph 

(b)(xv)(L)(I)(1.) of this section if approved by the Division. 

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

requirements of this section renders the PAL invalid. 

 (II) Minimum Performance Requirements For Approved 

Monitoring Approaches. The following are acceptable general monitoring approaches when 

conducted in accordance with the minimum requirements in paragraphs (b)(xv)(L)(III) through 

(IX) of this section: 
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6-40

 (1.) Mass balance calculations for activities using coatings 

or solvents; 

 (2.) CEMS; 

 (3.) CPMS or PEMS; and 

 (4.) Emission factors. 

 (III) Mass Balance Calculations. An owner or operator using 

mass balance calculations to monitor PAL pollutant emissions from activities using coating or 

solvents shall meet the following requirements: 

 (1.) Provide a demonstrated means of validating the 

published content of the PAL pollutant that is contained in or created by all materials used in or 

at the emissions unit; 

 (2.) Assume that the emissions unit emits all of the PAL 

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

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

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

in or at the emissions unit, publishes a range of pollutant content from such material, the owner 

or operator must use the highest value of the range to calculate the PAL pollutant emissions 

unless the Division determines there is site-specific data or a site-specific monitoring program to 

support another content within the range. 

 (IV) CEMS. An owner or operator using CEMS to monitor PAL 

pollutant emissions shall meet the following requirements: 

 (1.) CEMS must comply with applicable Performance 

Specifications found in 40 CFR part 60, Appendix B; and 

 (2.) CEMS must sample, analyze, and record data at least 

every 15 minutes while the emissions unit is operating. 

 (V) CPMS or PEMS. An owner or operator using CPMS or 

PEMS to monitor PAL pollutant emissions shall meet the following requirements: 

 (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. 
Draft 5/30/14 

6-41

 (VI) Emission Factors. An owner or operator using emission 

factors to monitor PAL pollutant emissions shall meet the following requirements: 

 (1.) All emission factors shall be adjusted, if appropriate, 

to account for the degree of uncertainty or limitations in the factors’ development; 

 (2.) The emissions unit shall operate within the designated 

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

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

significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions 

shall conduct validation testing to determine a site-specific emission factor within 6 months of 

PAL permit issuance, unless the Division determines that testing is not required. 

 (VII) A source owner or operator must record and report 

maximum potential emissions without considering enforceable emission limitations or 

operational restrictions for an emissions unit during any period of time that there is no 

monitoring data, unless another method for determining emissions during such periods is 

specified in the PAL permit. 

 (VIII) Notwithstanding the requirements in paragraphs 

(b)(xv)(L)(III) through (VIII) of this section, where an owner or operator of an emissions unit 

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

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

permit issuance: 

 (1.) Establish default value(s) for determining compliance 

with the PAL based on the highest potential emissions reasonably estimated at such operating 

point(s); or 

 (2.) Determine that operation of the emissions unit during 

operating conditions when there is no correlation between monitored parameter(s) and the PAL 

pollutant emissions is a violation of the PAL. 

 (IX) Re-validation. All data used to establish the PAL pollutant 

must be re-validated through performance testing or other scientifically valid means approved by 

the Division. Such testing must occur at least once every 5 years after issuance of the PAL. 

 (M) Recordkeeping Requirements. 

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

copy of all records necessary to determine compliance with any requirement of paragraph (b)(xv) 

of this section and of the PAL, including a determination of each emissions unit’s 12-month 

rolling total emissions, for 5 years from the date of such record. 
Draft 5/30/14 

6-42

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

copy of the following records, for the duration of the PAL effective period plus 5 years: 

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

applications for revisions to the PAL; and 

 (2.) Each annual certification of compliance pursuant to 

Chapter 6, Section 3 and the data relied on in certifying the compliance. 

 (N) Reporting and Notification Requirements. The owner or operator 

shall submit semi-annual monitoring reports and prompt deviation reports to the Division in 

accordance with the applicable Chapter 6, Section 3 operating permit program. The reports shall 

meet the requirements in paragraphs (b)(xv)(N)(I) through (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 (b)(xv)(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 

(b)(xv)(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. 

 (6.) A notification of a shutdown of any monitoring 

system, whether the shutdown was permanent or temporary, the reason for the shutdown, the 

anticipated date that the monitoring system will be fully operational or replaced with another 

monitoring system, and whether the emissions unit monitored by the monitoring system 

continued to operate, and the calculation of the emissions of the pollutant or the number 

determined by method included in the permit, as provided by paragraph (b)(xv)(L)(VII) of this 

section. 

 (7.) A signed statement by the responsible official (as 

defined by the applicable Chapter 6, Section 3 operating permit program) certifying the truth, 
Draft 5/30/14 

6-43

accuracy, and completeness of the information provided in the report. 

 (II) Deviation Report. The major stationary source owner or 

operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, 

including periods where no monitoring is available. A report submitted pursuant to Chapter 6, 

Section 3(h)(i)(C)(III)(2.) shall satisfy this reporting requirement. The deviation reports shall be 

submitted within the time limits prescribed by Chapter 6, Section 3(h)(i)(C)(III)(2.). The reports 

shall contain the following information: 

 (1.) The identification of owner and operator and the 

permit number; 

 (2.) The PAL requirement that experienced the deviation 

or that was exceeded; 

 (3.) Emissions resulting from the deviation or the 

exceedance; and 

 (4.) A signed statement by the responsible official (as 

defined by the applicable Chapter 6, Section 3 operating permit program) certifying the truth, 

accuracy, and completeness of the information provided in the report. 

 (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 (b)(xv)(A) through (O) of this section after the Administrator has 

approved regulations incorporating these requirements into Chapter 6, Section 4. 

 (II) The Division may supersede any PAL which was established 

prior to the date of approval of this regulation by the Administrator of EPA with a PAL that 

complies with the requirements of paragraphs (b)(xv)(A) through (O) of this section. 

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

person or circumstance, is held invalid, the remainder of this section, or the application of such 

provision to persons or circumstances other than those as to which it is held invalid, shall not be 

affected thereby. 

 (xvii) Transition: 

 (A) The requirements for BACT in Chapter 6, Section 4(b)(ii) and the 

requirements for air quality analysis in Chapter 6, Section 4(b)(i) shall not apply to a major 

stationary source or major modification that was subject to Chapter 6, Section 4, as effective on 
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6-44

January 25, 1979, if the owner or operator of the source submitted an application for a permit 

under these regulations before August 7, 1980, and the Administrator subsequently determines 

that the application submitted before that date was complete. Instead, the requirements of 

Chapter 6, Section 4 as in effect on January 25, 1979, apply to any such source or modification. 

 (B) The requirements for air quality monitoring in paragraph (b)(i)(E) 

shall not apply to a particular source or modification that was subject to Chapter 6, Section 4, as 

effective on January 25, 1979, if the owner or operator of the source or modification submits an 

application for a permit under these regulations on or before June 8, 1981, and the Administrator 

subsequently determines that the application submitted before that date was complete with 

respect to the requirements for ambient air quality data analyses as in effect on January 25, 1979. 

Instead, the latter requirements shall apply to such source or modification. 

 (C) The requirements for air quality monitoring in paragraph (b)(i)(E) 

shall not apply to a particular source or modification that was not subject to Chapter 6, Section 4, 

as effective on January 25, 1979, if the owner or operator of the source or modification submits 

an application for a permit under these regulations before June 8, 1981, and the Administrator 

subsequently determines that the application as submitted before that date was complete except 

with respect to the requirements in paragraph (b)(i)(F). 

 (D) The requirements for air quality monitoring for PM10 in paragraphs 

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

particular source or modification, if the owner or operator of the source or modification submits 

an application for a permit under Chapter 6, Section 4 on or before June 1, 1988 and the 

Administrator subsequently determines that the application submitted before that date was 

complete, except with respect to the requirements for monitoring particulate matter. 

 (E) The requirements for air quality monitoring of PM10 in paragraphs 

(b)(i)(E)(IV) through (b)(i)(E)(V) of this section, effective February 13, 1989, shall apply to a 

particular source or modification if the owner or operator of the source or modification submits 

an application for a permit under this section after June 1, 1988 and no later than December 1, 

1988. The data shall have been gathered over at least the period from February 1, 1988 to the 

date the application becomes otherwise complete in accordance with the provisions set forth 

under paragraph (b)(xvii)(G) of this section, except that the Administrator may provide that the 

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

that a complete and adequate analysis can be accomplished with monitoring data gathered over 

that shorter period of time. 

 (F) For any application under this section that becomes complete except 

as to the requirements of paragraphs (b)(i)(E)(III) and (b)(i)(E)(IV) pertaining to PM10, after 

December 1, 1988 and no later than August 1, 1989, the data that paragraph (b)(i)(E)(III) 

requires will have been gathered over at least the period from August 1, 1988 to the date the 

application becomes otherwise complete. The Administrator may provide that the monitoring 

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

complete and adequate analysis can be accomplished with monitoring data gathered over that 

shorter period of time. 
Draft 5/30/14 

6-45

 (G) With respect to any requirements for air quality monitoring of PM10

specified under paragraphs (b)(xvii)(D) and (b)(xvii)(E) of this section, effective February 13, 

1989, the owner or operator of the source or modification shall use a monitoring method 

approved by the Administrator and shall estimate the ambient concentrations of PM10 using the 

data collected by such approved monitoring method in accordance with estimating procedures 

approved by the Administrator. 

 (H) The requirement to demonstrate compliance with the maximum 

allowable increment for nitrogen dioxide shall not apply to a major stationary source or major 

modification that was subject to Chapter 6, Section 4, as effective on February 8, 1988, if the 

owner or operator of the source or modification submits an application for a permit under these 

regulations on or before October 30, 1990 and the Administrator subsequently determines that 

the application submitted before that date was complete.

 (I) The requirement to demonstrate compliance with the maximum 

allowable increment for PM10 shall not apply to a major stationary source or major modification 

that was subject to Chapter 6, Section 4, as effective on June 3, 1993, if the owner or operator of 

the source or modification submits an application for a permit under these regulations on or 

before the effective date of this regulation revision and the Administrator subsequently 

determines that the application submitted before that date was complete. Instead, the 

requirement to demonstrate compliance with the maximum allowable increment for TSP, as in 

effect at the time the application was submitted, shall apply: 

Maximum Allowable Increments of Deterioration - μg/m3 

Pollutant Class I Class II 

 Particulate Matter: 

TSP, Annual geometric mean 5 19

TSP, 24-hour maximum* 10 37

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

 (c) All national parks, national wilderness areas, and national memorial parks in 

Wyoming as of January 25, 1979, shall be designated Class I and may not be redesignated. All 

other areas of the State of Wyoming shall be designated Class II as of the effective date of this 

regulation. 

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

accomplished through the process of establishment of Standards and Regulations set forth in the 

Wyoming Environmental Quality Act. 

 (i) The following areas may be redesignated only as Class I or Class II areas: 

 (A) An area which exceeds 10,000 acres in size and is a national 
Draft 5/30/14 

6-46

monument, a national primitive area, a national preserve, a national recreational area, a national 

wild and scenic river, a national wildlife refuge, a national lakeshore; and 

 (B) A national park or national wilderness area which exceeds 10,000 

acres in size and is established after the effective date of this regulation. 

 (ii) Except as provided in paragraph (c) above, any area may be redesignated as 

Class I or II, with the approval of the Administrator of the Environmental Protection Agency, in 

accordance with the provisions of paragraph (iii) below; provided, however, that lands within the 

exterior boundaries of reservations of federally recognized Indian tribes may be redesignated to 

any class, but only by the appropriate Indian governing body. 

 (iii) (A) At least one public hearing must be held in accordance with the 

provisions for adoption of regulations as set forth in the Administrative Procedures Act and the 

Wyoming Environmental Quality Act. 

 (B) At least 30 days prior to the public hearing, a description and analysis 

of the health, environmental, economic, social and energy effects of the proposed redesignation 

shall be prepared and made available for public inspection. Any person petitioning the 

Department or Council to redesignate an area shall be responsible for preparing or submitting 

such description and analysis. Such persons shall also be responsible for revising this required 

documentation to the extent necessary to satisfy the Administrator of the U.S. EPA. The notice 

of the public hearing shall contain appropriate notification of the availability of the description 

and analysis of the proposed redesignation. 

 (C) Agencies from neighboring states, Indian governing bodies, Federal 

Land Managers, and local governments whose land may be affected by the proposed 

redesignation shall be notified at least 30 days prior to the hearing. 

 (D) Prior to proposing a redesignation, the Division and the Air Quality 

Advisory Board shall consult with the elected leadership of local and other substate general 

purpose governments in the area covered by the redesignation. 

 (E) Prior to public notice of the proposed redesignation the Division shall 

provide written notice to any Federal Land Manager who may be responsible for any federal 

lands within the area proposed for such redesignation and shall afford adequate opportunity (but 

not in excess of 60 days) to confer with the State respecting the intended notice of designation. 

The Federal Land Manager shall be offered the opportunity to submit written comments and 

recommendations with respect to such intended notice of redesignation. In redesignating any 

area with respect to which the federal land manager has submitted written comments and 

recommendations, the Division will publish a list of any inconsistency between such 

redesignation and such recommendation with an explanation of such inconsistency (together 

with the reasons for making such redesignation against the recommendation of the Federal Land 

Manager). 
Draft 5/30/14 

6-47

 (F) The Council shall review and examine the description and analysis 

prepared pursuant to subparagraph (iii)(B) above prior to any redesignation. 

 (iv) (A) If an area has been proposed for redesignation to a more stringent 

class, no permit to construct may be granted to a source which may cause an impact in the area 

proposed for redesignation and for which an application to construct is received by the Division 

after the filing of the petition for redesignation with the Environmental Quality Council until the 

proposed redesignation has been acted upon; however, approval may be granted if, in the 

Administrator’s judgment, the proposed source would not violate the applicable increments of 

the proposed redesignation. Such approval shall be withheld only so long as in the 

Administrator’s judgment, the petitioner is expeditiously proceeding toward development of the 

“description and analysis” required under (iii)(B) above, and provided that such “description and 

analysis” is complete and submitted to the Council for action on the petition within 18 months of 

the filing of the initial petition. Upon good cause shown, the Council may extend the foregoing 

deadline. 

 (B) Where an application for a permit to construct a source has been 

received by the Division prior to the receipt by the Council of a petition for redesignation of an 

area to a more stringent class and where such source may cause an impact in the area proposed 

for redesignation, the permit application shall be processed considering the classification of an 

area which existed at the time of permit application. For purposes of establishing a priority date 

under this Chapter 6, Section 4(d)(vi)(B), (1) such permit application is not required to meet the 

provisions for completeness in Chapter 6, Section 2, and (2) the time frames in Chapter 6, 

Section 2(g) for action on applications shall not apply. 

However, a priority date established under Chapter 6, Section 4(d)(vi)(B), shall remain in effect 

only so long as in the Administrator’s judgment, the applicant is expeditiously proceeding 

toward the development and submittal of such other information and data as required to make the 

application complete under the provisions of Chapter 6, Section 2, and provided that such other 

information and data is submitted to, and judged to be complete by the Administrator within 18 

months of the filing of the initial permit application. Upon good cause shown, the Administrator 

may extend the foregoing deadline. 

Section 14. Incorporation by reference. 

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

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

July 1, 20122013, not including any later amendments, are incorporated by reference. Copies of 

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

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

Cheyenne, Wyoming 82002 Cheyenne Office. Contact information for the Cheyenne Office can 

be obtained at: http://deq.state.wy.us. 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 4. Prevention of significant deterioration. 

(a) Definitions. For purposes of this section: 

 “Actual emissions” means the actual rate of emissions of a regulated NSR pollutant from 

an emissions unit, as determined in accordance with paragraphs (i) through (iii) of this definition, 

except that this definition shall not apply for calculating whether a significant emissions increase 

has occurred, or for establishing a PAL under paragraph (b)(xv) of this section. Instead, the 

definitions for “Projected actual emissions” and “Baseline actual emissions” of this section shall 

apply for those purposes. 

 (i) In general, actual emissions as of a particular date shall equal the average rate, 

in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month 

period which precedes the particular date and which is representative of normal source operation. 

The Division shall allow the use of a different time period upon a determination that it is more 

representative of normal source operation. Actual emissions shall be calculated using the unit’s 

actual operating hours, production rates, and types of materials processed, stored, or combusted 

during the selected time period. 

 (ii) The Division may presume that source-specific allowable emissions for the 

unit are equivalent to the actual emissions of the unit. 

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

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

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

Department of Environmental Quality. 

“Allowable emissions” means the emission rate of a stationary source calculated using 

the maximum rated capacity of the source (unless the source is subject to enforceable permit 

conditions which limit the operating rate or hours of operation, or both) and the most stringent of 

the following: 

 (i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these 

regulations and other new source performance standards and national emission standards for 

hazardous air pollutants promulgated by the EPA but not yet adopted by the State of Wyoming. 
6-2

 (ii) Any other applicable emission limit in these regulations. 

 (iii) The emission rate agreed to by the owner or operator as an enforceable 

permit condition. 

 “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated 

NSR pollutant, as determined in accordance with paragraphs (i) through (iv) of this definition. 

 (i) For any existing electric utility steam generating unit, baseline actual 

emissions means the average rate, in tons per year, at which the unit actually emitted the 

pollutant during any consecutive 24-month period selected by the owner or operator within the 5-

year period immediately preceding when the owner or operator begins actual construction of the 

project. The Division shall allow the use of a different time period upon a determination that it is 

more representative of normal source operation. 

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

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

 (B) The average rate shall be adjusted downward to exclude any 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 4 permit, 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. 
6-3

 (C) The average rate shall be adjusted downward to exclude any 

emissions that would have exceeded an emission limitation with which the major stationary 

source must currently comply, had such major stationary source been required to comply with 

such limitations during the consecutive 24-month period; however, if an emission limitation is 

part of a maximum achievable control technology standard that the EPA Administrator proposed 

or promulgated under 40 CFR 63, the baseline actual emissions need only be adjusted if the 

Division has taken credit for such emissions reductions in an attainment demonstration or 

maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G). 

 (D) For a regulated NSR pollutant, when a project involves multiple 

emissions units, only one consecutive 24-month period must be used to determine the baseline 

actual emissions for the emissions units being changed. A different consecutive 24-month period 

can be used for each regulated NSR pollutant. 

 (E) The average rate shall not be based on any consecutive 24-month 

period for which there is inadequate information for determining annual emissions, in tons per 

year, and for adjusting this amount if required by paragraphs (ii)(B) and (C) of this definition. 

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

determining the emissions increase that will result from the initial construction and operation of 

such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit’s potential to 

emit. 

 (iv) For a PAL for a stationary source, the baseline actual emissions shall be 

calculated for existing electric utility steam generating units in accordance with the procedures 

contained in paragraph (i) of this definition, for other existing emissions units in accordance with 

the procedures contained in paragraph (ii) of this definition, and for a new emissions unit in 

accordance with the procedures contained in paragraph (iii) of this definition. 

 “Baseline area” means any intrastate area (and every part thereof) designated as 

attainment or unclassifiable under the Federal Clean Air Act in which a major source or major 

modification establishing the minor source baseline date would construct or would have an air 

quality impact for the pollutant for which the baseline date is established as follows: Equal to or 

greater than 1 μg/m3(annual average) for SO2, NO2, or PM10; or equal to or greater than 0.3 

μg/m3

(annual average) for PM2.5. 

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

matter attainment areas under section 107 of the Clean Air Act: 

 (A) The Powder River Basin Area, described as that area bounded by 

Township 40 through 52 North, and Range 69 through 73 West, inclusive of the Sixth Principal 

Meridian, Campbell and Converse Counties, excluding the areas defined as the Pacific Power 

and Light attainment area and the Hampshire Energy attainment area. 

 (B) The Pacific Power and Light Area, described as that area bounded by 
6-4

the NW1⁄4 of Section 27, T50N, R71W, Campbell County, Wyoming. 

 (C) The Hampshire Energy Area, described as that area bounded by 

Section 6 excluding the SW1⁄4; E1⁄2 Section 7; Section 17 excluding the SW1⁄4; Section 14 

excluding the SE1⁄4; Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 of T48N, R70W and Section 26 

excluding the NE1⁄4; SW1⁄4 Section 23; Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35 

of T49N, R70W, Campbell County, Wyoming. 

 (D) The Kennecott-Puron Area, described as the area bounded by the 

W1⁄2SW1⁄4 Section 18, W1⁄2NW1⁄4, NW1⁄4SW1⁄4 Section 19, T47N, R70W, S1⁄2 Section 13, N1⁄2, 

N1⁄2SW1⁄4, N1⁄2SE1⁄4 Section 24 T47N, R71W, Campbell County, Wyoming. 

 (E) The remainder of the State of Wyoming. 

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

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

“Baseline concentration” means that ambient concentration level which exists in the 

baseline area at the time of the applicable minor source baseline date. A baseline concentration 

is determined for each pollutant for which a minor source baseline date is established and shall 

include: 

 

 (i) The actual emissions, as defined in this section, representative of sources in 

existence on the applicable minor source baseline date, except as provided in paragraph (iv) of 

this definition; 

 (ii) The allowable emissions of major stationary sources which commenced 

construction before the major source baseline date, but were not in operation by the applicable 

minor source baseline date; 

 (iii) Contributions due to emissions from any emitting source or modification 

which (1) is not listed in Chapter 6, Section 4(a) under the definition for “Major stationary 

source”, item (a) and qualified as “major” prior to August 7, 1980 only because fugitive 

emissions were included in determining potential to emit, (2) submitted a complete permit 

application under Chapter 6, Section 4(b) or the Federal Clean Air Act prior to August 7, 1980, 

and (3) was in existence as of the minor source baseline date; 

 (iv) The following will not be included in the baseline concentration and will 

affect the applicable maximum allowable increment: 

 (A) Actual emissions, as defined in this section, from any major 

stationary source on which construction commenced after the major source baseline date; and 

 (B) Actual emissions increases and decreases, as determined in 

accordance with the definition for “Actual emissions” in this section, at any stationary source 

occurring after the minor source baseline date. 
6-5

 “Begin actual construction” means, in general, initiation of physical on-site construction 

activities on an emissions unit which are of a permanent nature. Such activities include, but are 

not limited to, installation of building supports and foundations, laying of underground 

pipework, and construction of permanent storage structures. With respect to a change in method 

of operation this term refers to those onsite activities, other than preparatory activities, which 

mark the initiation of the change. 

“Best available control technology” means an emission limitation (including a visible 

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

regulation under these Standards and Regulations or regulation under the Federal Clean Air Act, 

which would be emitted from or which results for any proposed major stationary source or major 

modification which the Administrator, on a case-by-case basis, taking into account energy, 

environmental, and economic impacts and other costs, determines is achievable for such source 

or modification through application or production processes and available methods, systems, and 

techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for 

control of such pollutant. If the Administrator determines that technological or economic 

limitations on the application of measurement methodology to a particular emissions unit would 

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

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

requirement of Best Available Control Technology. Such standard shall, to the degree possible, 

set forth the emission reduction achievable by implementation of such design, equipment, work 

practice, or operation and shall provide for compliance by means which achieve equivalent 

results. Application of BACT shall not result in emissions in excess of those allowed under 

Chapter 5, Section 2 or Section 3 of these regulations and any other new source performance 

standard or national emission standards for hazardous air pollutants promulgated by the EPA but 

not yet adopted by the State of Wyoming. 

 “Clean coal technology” means any technology, including technologies applied at the 

precombustion, combustion, or post combustion stage, at a new or existing facility which will 

achieve significant reduction in air emissions of sulfur dioxide or oxides of nitrogen associated 

with the utilization of coal in the generation of electricity, or process steam which was not in 

widespread use as of November 15, 1990. 

 “Clean coal technology demonstration project” means a project using funds 

appropriated under the heading “Department of Energy-Clean Coal Technology”, up to a total 

amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar 

projects funded through appropriations for the Environmental Protection Agency. The Federal 

contribution for a qualifying project shall be at least 20 percent of the total cost of the 

demonstration project. 

“Commenced”, as applied to construction of a major stationary source or major 

modification, means that the owner or operator has obtained a Construction Permit required by 

Chapter 6, Section 2 and either has (i) begun, or caused to begin, a continuous program of actual 

on-site construction of the source or (ii) entered into binding agreements or contractual 

obligations, which cannot be canceled or modified without substantial loss to the owner or 
6-6

operator, to undertake a program of construction of the source to be completed within a 

reasonable time. 

 “Complete” means, in reference to an application for a permit, that the application 

contains all the information necessary for processing the application. Designating an application 

complete for purposes of permit processing does not preclude the Division from requesting or 

accepting any additional information. 

“Construction” means any physical change or change in the method of operation 

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

which would result in a change in emissions. 

 “Continuous emissions monitoring system (CEMS)” means all of the equipment that 

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

sample, condition (if applicable), analyze, and provide a record of emissions on a continuous 

basis. 

 “Continuous emissions rate monitoring system (CERMS)” means the total equipment 

required for the determination and recording of the pollutant mass emissions rate (in terms of 

mass per unit of time). 

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

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

 “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. 
6-7

 “Enforceable” means all limitations and conditions which are enforceable under 

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

Administrator of the EPA, including those requirements developed pursuant to 40 CFR parts 60 

and 61, requirements within the State Implementation Plan, and any permit requirements 

established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.18 

or 51.166. 

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

Secretary of the Department with authority over such lands. 

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

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

“Greenhouse gases (GHGs)”, the air pollutant defined as the aggregate group of six 

greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 

perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in 

paragraph (iii) of this definition. 

 (i) For purposes of paragraphs (ii) and (iii) of this definition, the term “tpy CO2

equivalent emissions (CO2e)” shall represent an amount of GHGs emitted, and shall be 

computed as follows: 

 (A) Multiplying the mass amount of emissions (tpy), for each of the six 

greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential 

published at Table A-1 to Subpart A of 40 CFR part 98--Global Warming Potentials. Table A-1 

to Subpart A of 40 CFR part 98 is adopted by reference from the Federal Register, as published 

by the National Archives and Records Administration on November 29, 2013, Volume 78, pages 

71903-71981, not including any later amendments. Copies of the November 29, 2013 Federal 

Register article are available for public inspection and can be obtained online at 

http://www.gpo.gov/fdsys/pkg/FR-2013-11-29/pdf/2013-27996.pdf or 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. 

 (B) Sum the resultant value from paragraph (i)(A) of this definition for 

each gas to compute a tpy CO2e.

 (C) Prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide 

shall not include carbon dioxide emissions resulting from the combustion or decomposition of 

non-fossilized and biodegradable organic material originating from plants, animals, or microorganisms (including products, by-products, residues and waste from agriculture, forestry and 

related industries as well as the non-fossilized and biodegradable organic fractions of industrial 

and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material). 

 (ii) The term “emissions increase” as used in paragraph (iii) of this definition 

shall mean that both a significant emissions increase (as calculated using the procedures in 
6-8

(b)(i)(J) of this section) and a significant net emissions increase (as “net emissions increase” and 

“significant” are defined in this section) occur. For the pollutant GHGs, an emissions increase 

shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated 

NSR pollutant, and “significant” is defined as 75,000 tpy CO2e instead of applying the 

provisions in paragraphs (ii) or (iii) of the definition of “significant” in this section. 

 (iii) The pollutant GHGs is subject to regulation if the stationary source is: 

 (A) A new major stationary source for a regulated NSR pollutant that is 

not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO2e or more; or 

 (B) An existing major stationary source for a regulated NSR pollutant that 

is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an 

emissions increase of 75,000 tpy CO2e or more; or, 

 (C) A new stationary source that will emit or have the potential to emit 

100,000 tpy CO2e; or 

 (D) An existing stationary source that emits or has the potential to emit 

100,000 tpy CO2e, when such stationary source undertakes a physical change or change in the 

method of operation that will result in an emissions increase of 75,000 tpy CO2e or more. 

 “High terrain” means any area having an elevation 900 feet or more above the base of 

the stack of a source. 

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

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

possessing power of self-Government. 

 “Indian Reservation” means any federally recognized reservation established by treaty, 

agreement, executive order, or act of Congress. 

 “Innovative control technology” means any system of air pollution control that has not 

been adequately demonstrated in practice, but would have a substantial likelihood of achieving 

greater continuous emissions reduction than any control system in current practice or of 

achieving at least comparable reductions at lower cost in terms of energy, economics, or non air 

quality environmental impacts. 

 “Lowest achievable emission rate (LAER)” means, for any source, the more stringent 

rate of emissions based on the following: 

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

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

owner or operator of the proposed stationary source demonstrates that such limitations are not 

achievable; or 
6-9

 (ii) The most stringent emissions limitation which is achieved in practice by such 

class or category of stationary sources. This limitation, when applied to a modification, means 

the lowest achievable emissions rate for the new or modified emissions units within a stationary 

source. In no event shall the application of the term permit a proposed new or modified 

stationary source to emit any pollutant in excess of the amount allowable under an applicable 

new source standard of performance. 

 “Low terrain” means any area other than high terrain. 

 “Major modification” means any physical change in or change in the method of 

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

defined in the definition for “Significant emissions increase” in this section) of a regulated NSR 

pollutant (as defined in the definition for “Regulated NSR pollutant” in this section); and a 

significant net emissions increase of that pollutant from the major stationary source. Any 

significant emissions increase (as defined in the definition for “Significant emissions increase” in 

this section) from any emissions units or net emissions increase (as defined in the definition for 

“Net emissions increase” in this section) at a major stationary source that is significant for 

volatile organic compounds or NOx shall be considered significant for ozone. 

 (i) A physical change or change in the method of operation shall not include: 

 (A) Routine maintenance, repair and replacement. 

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

the Federal Clean Air Act; 

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

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

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

Division; 

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

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

1974 (or any superseding legislation), or by reason of a natural gas curtailment plan in effect 

pursuant to the Federal Power Act; 

 (E) Use of an alternative fuel or raw material, if prior to January 6, 1975, 

the source was capable of accommodating such fuel or material unless such change would be 

prohibited by, or inconsistent with, an enforceable permit issued by the Division, or if the source 

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

regulations; 

 (F) Change in ownership of the stationary source; 

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

generating plant; 
6-10

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

coal technology demonstration project, provided that the project complies with: 

 (I) The Wyoming State Implementation Plan, and 

 (II) Other requirements necessary to attain and maintain the 

national ambient air quality standards during the project and after it is terminated. 

 (I) The installation or operation of a permanent clean coal technology 

demonstration project that constitutes repowering, provided that the project does not result in an 

increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption 

shall apply on a pollutant-by-pollutant basis. 

 (J) The reactivation of a very clean coal-fired electric utility steam 

generating unit. 

 (ii) This definition shall not apply with respect to a particular regulated NSR 

pollutant when the major stationary source is complying with the requirements under paragraph 

(b)(xv) of this section for a PAL for that pollutant. Instead, the definition in paragraph 

(b)(xv)(B) for “PAL major modification” of this section shall apply. 

“Major source baseline date” means: 

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

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

 (iii) In the case of PM2.5, October 20, 2010. 

 “Major stationary source” means (a) any of the following stationary sources of air 

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

pollutant for which standards are established under these Standards and Regulations or under the 

Federal Clean Air Act, except for sources of GHGs addressed separately under (e) of this 

definition: fossil fuel-fired steam electric plants of more than two hundred and fifty million 

British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp 

mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary 

aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal 

incinerators capable of charging more than two hundred and fifty tons of refuse per day, 

hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock 

processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace 

process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal 

production plants, chemical process plants (which does not include ethanol production facilities 

that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil 

fuel boilers (or combinations thereof) of more than two hundred and fifty million British thermal 

units per hour heat input, petroleum storage and transfer plants with a capacity exceeding three 
6-11

hundred thousand barrels, taconite ore processing plants, glass fiber processing plants, charcoal 

production plants. (b) Such term also includes any stationary source which emits, or has the 

potential to emit, two hundred and fifty tons per year or more of any air pollutant for which 

standards are established under these Standards and Regulations or under the Federal Clean Air 

Act, except for sources of GHGs addressed separately under (e) of this definition. (c) Such term 

also includes any physical change that would occur at a stationary source not otherwise 

qualifying under this definition if the change would constitute a major stationary source by itself. 

(d) A major source which is major for volatile organic compounds or NOx is considered to be 

major for ozone. (e) Such term also includes any source of greenhouse gases as defined in 

Chapter 6, Section 4(a), but only if: the greenhouse gases are subject to regulation under 

subsection (iii) of that definition, and the source’s potential to emit greenhouse gases exceeds 

100 tpy on a mass basis if listed under (a) of this definition of “Major stationary source” or 250 

tpy on a mass basis if listed under (b) of this definition of “Major stationary source.” 

“Minor source baseline date” means the earliest date after August 7, 1977 for PM10 and 

sulfur dioxide, and after February 8, 1988 for nitrogen oxides, and after October 20, 2011 for 

PM2.5 on which a major stationary source or major modification submits a complete permit 

application under Chapter 6, Section 4(b) or under the Federal Clean Air Act. 

 (i) The minor source baseline date for sulfur dioxide for the State of Wyoming is 

February 2, 1978. 

 (ii) The minor source baseline date for nitrogen oxides for the State of Wyoming 

is February 26, 1988. 

 (iii) The minor source baseline date for PM10 is as follows: 

 (A) For the Powder River Basin Area - March 6, 1997; 

 (B) For the Pacific Power and Light Area - June 18 1980; 

 (C) For the Hampshire Energy Area - September 30, 1982; 

 (D) For the Kennecott-Puron Area - February 27, 1995; 

 (E) For the rest of the State of Wyoming - February 22, 1979. 

 (iv) The minor source baseline date for PM2.5 is as follows: 

 (A) For Laramie County - March 1, 2012; 

 (B) For the City of Cheyenne - March 1, 2012; 

 (C) For Carbon County - May 1, 2012; 

 (D) For Sweetwater County - December 12, 2012. 
6-12

 (v) The baseline date is established for each pollutant for which increments or 

other equivalent measures have been established, if: 

 (A) The area in which the proposed source or modification would 

construct is designated as attainment or unclassifiable under the Federal Clean Air Act for the 

pollutant on the date of its complete application; and 

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

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

significant net emissions increase of the pollutant. 

 (vi) The baseline date is not established by the permit application for an emitting 

source or modification which (1) is not listed in Chapter 6, Section 4(a) under the definition for 

“Major stationary source”, item (a), (2) qualified as “major” prior to August 7, 1980 only 

because fugitive emissions were included in determining potential to emit, and (3) submitted a 

complete permit application under Chapter 6, Section 4(b) or the Federal Clean Air Act prior to 

August 7, 1980. 

 (vii) Any minor source baseline date established originally for the TSP 

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

available PM10 increments. 

 “Net emissions increase” means, with respect to any regulated NSR pollutant emitted by 

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

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

method of operation at a stationary source as calculated pursuant to paragraph (b)(i)(J) of this 

section; 

 (ii) Any other increases and decreases in actual emissions at the major stationary 

source that are contemporaneous with the particular change and are otherwise creditable. 

Baseline actual emissions for calculating increases and decreases under this paragraph (ii) shall 

be determined as provided in the definition for “Baseline actual emissions”, except that 

paragraphs (i)(C) and (ii)(D) of the definition for “Baseline actual emissions” shall not apply. 

 (iii) An increase or decrease in actual emissions is contemporaneous with the 

increase from the particular change only if it occurs between: 

 (A) The date five years before construction on the particular change 

commences; and 

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

 (iv) An increase or decrease in actual emissions is creditable only if: 
6-13

 (A) The Division has not relied on it in issuing a Chapter 6, Section 4 

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

change occurs. 

 (v) An increase or decrease in actual emissions of sulfur dioxide, particulate 

matter, or nitrogen oxides that occurs before the applicable minor source baseline date is 

creditable only if it is required to be considered in calculating the amount of maximum allowable 

increases remaining available. 

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

level of actual emissions exceeds the old level. 

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

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

emissions, whichever is lower, exceeds the new level of actual emissions; 

 (B) It is enforceable as a practical matter at and after the time that actual 

construction on the particular change begins; 

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

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

 (viii) An increase that results from a physical change at a source occurs when the 

emissions unit on which construction occurred becomes operational and begins to emit a 

particular pollutant. Any replacement unit that requires shakedown becomes operational only 

after a reasonable shakedown period, not to exceed 180 days. 

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

determining creditable increases and decreases. 

 “Potential to emit” means the maximum capacity of a stationary source to emit a 

pollutant under its physical and operational design. Any physical or operational limitation on the 

capacity of the source to emit a pollutant, including air pollution control equipment and 

restrictions on hours of operation or the type or amount of material combusted, stored, or 

processed, shall be treated as part of its design if the limitation or the affect it would have on 

emissions is enforceable. Secondary emissions do not count in determining the potential to emit 

of a stationary source. 

 “Predictive emissions monitoring system (PEMS)” means all of the equipment 

necessary to monitor process and control device operational parameters (for example, control 

device secondary voltages and electric currents) and other information (for example, gas flow 

rate, 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 
6-14

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; 

 (C) Shall exclude, in calculating any increase in emissions that results 

from the particular project, that portion of the unit’s emissions following the project that an 

existing unit could have accommodated during the consecutive 24-month period used to establish 

the baseline actual emissions under the definition for “Baseline actual emissions” of this section 

and that are also unrelated to the particular project, including any increased utilization due to 

product demand growth; or, 

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

this definition, may elect to use the emissions unit’s potential to emit, in tons per year, as defined 

under the definition of “Potential to emit” of this section. 

 “Reactivation of a very clean coal-fired electric utility steam generating unit” means 

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

commercial operations by a coal-fired utility unit after a period of discontinued operation where 

the unit: 

 (i) Has not been in operation for the two-year period prior to the enactment of the 

Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in 

the State of Wyoming’s emissions inventory at the time of enactment; 

 (ii) Was equipped prior to shut-down with a continuous system of emissions 

control that achieves a removal efficiency for sulfur dioxide of no less than 85 percent and a 

removal efficiency for particulates of not less than 98 percent; 

 (iii) Is equipped with low-NOX burners prior to the time of commencement of 
6-15

operations following reactivation; and 

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

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

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

promulgated. This includes, but is not limited to, the following: 

 (A) 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 PSD 

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; 

 (B) Any pollutant identified under this paragraph as a constituent or 

precursor to a pollutant for which a national ambient air quality standard has been promulgated. 

Precursors identified by the EPA Administrator for purposes of NSR are the following: 

 (I) Volatile organic compounds and nitrogen oxides are precursors 

to ozone in all attainment and unclassifiable areas. 

 (II) Sulfur dioxide is a precursor to PM2.5 in all attainment and 

unclassifiable areas. 

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

attainment and unclassifiable areas, unless the State demonstrates to the EPA Administrator’s 

satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific 

area are not a significant contributor to that area’s ambient PM2.5 concentrations. 

 (IV) Volatile organic compounds are presumed not to be 

precursors to PM2.5 in any attainment or unclassifiable area, unless the State demonstrates to the 

EPA Administrator’s satisfaction or EPA demonstrates that emissions of volatile organic 

compounds from sources in a specific area are a significant contributor to that area’s ambient 

PM2.5 concentrations. 

 (ii) Any pollutant that is subject to any standard promulgated under section 111 

of the Federal Clean Air Act; 

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

established by Title VI of the Federal Clean Air Act; 
6-16

 (iv) Any pollutant that otherwise is subject to regulation under the Federal Clean 

Air Act; except that any or all hazardous air pollutants either listed in section 112 of the Federal 

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

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

regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a 

constituent or precursor of a general pollutant listed under section 108 of the Federal Clean Air 

Act. 

 (v) [Reserved.] 

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

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

existing emissions unit that is replaced. 

 (i) The emissions unit is a reconstructed unit within the meaning of 

40 CFR part 60.15(b)(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) (as discussed 

in 40 CFR part 51.166(y)(2)) of the process unit. 

 (iv) The replaced emissions unit is permanently removed from the major 

stationary source, otherwise permanently disabled, or permanently barred from operation by a 

permit that is enforceable as a practical matter. If the replaced emissions unit is brought back 

into operation, it shall constitute a new emissions unit. 

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

following clean coal technologies: atmospheric or pressurized fluidized bed combustion, 

integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired 

turbines, integrated gasification fuel cells, or as determined by the Administrator of EPA, in 

consultation with the Secretary of Energy, a derivative of one or more of these technologies, and 

any other technology capable of controlling multiple combustion emissions simultaneously with 

improved boiler or generation efficiency and with significantly greater waste reduction relative 

to the performance of technology in widespread commercial use as of November 15, 1990. 

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

awarded clean coal technology demonstration funding as of January 1, 1991, by the Department 

of Energy. 

 (ii) The Administrator shall give expedited consideration to permit applications 

for any source that satisfies the requirements of this subsection and is granted an extension under 

section 409 of the Clean Air Act. 
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 “Secondary emissions” means emissions which occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the major 

stationary source or major modification itself. For the purposes of this section, secondary 

emissions must be specific, well defined, quantifiable, and impact the same general areas as the 

stationary source or modification which causes the secondary emissions. Secondary emissions 

include emissions from any offsite support facility which would not be constructed or increase its 

emissions except as a result of the construction or modification of the major stationary source or 

major modification. Secondary emissions do not include any emissions which come directly 

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

 “Significant” means: 

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

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

rates: 

POLLUTANT AND EMISSIONS RATE 

Carbon monoxide: 100 tons per year (tpy) 

Nitrogen oxides: 40 tpy 

Sulfur dioxide: 40 tpy 

Particulate matter: 25 tpy of particulate matter emissions; 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 

of “Regulated NSR pollutant” in Section 

4(a) of this chapter 

Ozone: 40 tpy of volatile organic compounds 

or nitrogen oxides 

Lead: 0.6 tpy 

Fluorides: 3 tpy 

Sulfuric acid mist: 7 tpy 

Hydrogen sulfide (H2S): 10 tpy 

Total reduced sulfur (including H2S): 10 tpy 

Reduced sulfur compounds (including H2S): 10 tpy 

Municipal waste combustor organics 

(measured as total tetra- through octa-chlorinated 

dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6 megagrams per year (3.5 

 x 10-6 tons per year) 

Municipal waste combustor metals 

(measured as particulate matter): 14 megagrams per year (15 tons per 

 year) 
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Municipal waste combustor acid gases 

(measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per 

 year) 

Municipal solid waste landfill emissions 

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

 (ii) “Significant” means, in reference to a net emissions increase or the potential 

of a source to emit a pollutant subject to these regulations and regulations under the Clean Air 

Act, that paragraph (i) above does not list, any emissions rate. 

 (iii) Notwithstanding paragraph (i) above, “significant” means any emissions rate 

or any net emissions increase associated with a major stationary source or major modification 

which would construct within 10 kilometers of a Class I Area, and have an impact on such area 

equal to or greater than 1 μg/m3(24-hour average). 

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

emissions that is significant (as defined in paragraph (i) of the definition of “Significant” in this 

section) for that pollutant. 

 “Stationary source” means any structure, building, facility, equipment, installation or 

operation (or combination thereof) which emits or may emit any air pollutant subject to these 

regulations or regulations under the Federal Clean Air Act. 

 “Structure, building, facility, equipment, installation, or operation” means all of the 

pollutant-emitting activities which belong to the same industrial grouping, are located on one or 

more contiguous or adjacent properties, and are under the control of the same person (or persons 

under common control) except the activities of any vessel. 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 4101-0066 and 003-005-00176-0, respectively). 

 “Temporary clean coal technology demonstration project” means a clean coal 

technology demonstration project that is operated for a period of 5 years or less, and which 

complies with the Wyoming State Implementation Plan and other requirements necessary to 

attain and maintain the national ambient air quality standards during the project and after it is 

terminated. 

“Volatile organic compounds (VOCs)” is defined in Chapter 3, Section 6(a) of these 

regulations. 

(b) Any person who plans to construct any major stationary source or undertake a major 

modification of an existing stationary source shall be subject to the conditions outlined below.

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

modification permit(s) required under Chapter 6, Section 2 of these regulations shall apply and 
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shall be expanded so as to include analysis of the predicted impact of the allowable and 

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

such emissions. An analysis of the predicted impact of emissions from the stationary source is 

required for all pollutants for which standards have been established under these regulations or 

under the Federal Clean Air Act and which are emitted in significant amounts. An analysis of 

the impact of other pollutants may be required by the Administrator. Such analysis shall identify 

and quantify the impact on the air quality in the area of all emissions not included in the baseline 

concentrations including, but not limited to, those emissions resulting from the instant 

application and all other permits issued in the area. The purpose of this analysis is to determine 

the total deterioration of air quality from the baseline concentrations; however, projections of 

deterioration due to general non-stationary source growth in the area predicted to occur after the 

date of application is not required. A permit to construct pursuant to Chapter 6, Section 2 shall 

be issued only if the conditions of Chapter 6, Section 2 are complied with and if the predicted 

impact (over and above the baseline concentration) of emissions defined above is less than the 

maximum allowable increment shown in Table 1 for the classification of the area in which the 

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

Table 1 

Maximum Allowable Increments of Deterioration - μg/m3

Pollutant Class I Class II 

Particulate Matter: 

PM2.5, annual arithmetic mean 1 4

PM2.5, 24-hr maximum* 2 9

PM10, annual arithmetic mean 4 17

PM10, 24-hour maximum* 8 30

Sulfur Dioxide: 

Annual arithmetic mean 2 20

24-hour maximum* 5 91

3-hour maximum* 25 512

Nitrogen Dioxide

Annual arithmetic mean 2.5 25

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

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

paragraph (b)(i)(A)(I) of this section is deemed to have been made if the emissions increase from 

the new stationary source alone or from the modification alone would cause, in all areas, air 

quality impacts less than the amounts specified in Table 2. 

Table 2 

PM2.5 Significant Impact Levels 

Pollutant Averaging Time Class I Class II 
6-20

 PM2.5 Annual 0.06 μg/m3 0.3 μg/m3

 24-hour 0.07 μg/m3 1.2 μg/m3

 (II) Notwithstanding the provisions of paragraph (b)(i)(A)(I) 

above, the following concentrations shall be excluded in determining compliance with maximum 

allowable increases: 

 (l.) Concentrations attributable to the increase in emissions 

from stationary sources which have converted from the use of petroleum products, natural gas, or 

both by reason of an order in effect under sections 2(a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions 

from such sources before the effective date of such an order. No such exclusion shall apply for 

more than five years after the later of such effective dates;

 (2.) Concentrations attributable to the increase in 

emissions from sources which have converted from using natural gas by reason of natural gas 

curtailment plan in effect pursuant to the Federal Power Act over the emissions from such 

sources before the effective date of such plan. No such exclusion shall apply for more than 5 

years after the later of such effective date; 

 (3.) Concentrations of particulate matter attributable to the 

increase in emissions from construction or other temporary emission-related activities of new or 

modified sources; 

 (4.) The increase in concentrations attributable to new 

sources outside the United States over the concentrations attributable to existing sources which 

are included in the baseline concentrations; and 

 (5.) Concentrations attributable to the temporary increase 

in emissions of sulfur dioxide, particulate matter, or nitrogen oxides from stationary sources as 

specified below. 

 a. The temporary emissions do not occur for more 

than 2 years. 

 b. The 2-year time period is not renewable. 

 c. Such temporary emissions are not eligible for 

exclusion if they would impact a Class I Area or an area where the applicable increment is 

known to be violated or an area where they would cause or contribute to a violation of the 

applicable ambient air quality standard. 

 d. At the end of the temporary emission time frame, 

emissions from the stationary source causing these temporary emissions shall not exceed those 

levels occurring at such source prior to such temporary emission. 
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 (B) In addition to the analyses required under Chapter 6, Section 

4(b)(i)(A) above, 

 (I) The owner or operator shall provide an analysis of the 

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

modification and general commercial, residential, industrial, and other growth associated with 

the source or modification. The owner or operator need not provide an analysis of the impact on 

vegetation having no significant commercial or recreational value. 

 (II) The owner or operator shall provide an analysis of the air 

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

other growth associated with the source or modification. 

 (C) The requirements for demonstration of compliance with applicable 

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

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

4(b)(i)(E) shall not apply to a proposed major stationary source or modification with respect to a 

particular pollutant if the Administrator determines that: 

 (I) The increase in allowable emissions of that pollutant from the 

stationary source or the net emissions increase of that pollutant from a modification would be 

temporary and would impact no Class I Area and no area where an applicable increment is 

known to be violated; or 

 (II) The stationary source was in existence on March 1, 1978, and 

that the maximum allowable emission increases only impact Class II Areas, and that after 

application of BACT, the increase in allowable emissions of each pollutant would be less than 50 

tons per year. 

 (D) Fugitive emissions, to the extent quantifiable, will be considered in 

calculating the potential to emit of the stationary source or modification only for:

 (I) Sources listed in Chapter 6, Section 4(a) under the definition of 

“Major stationary source”, item (a). 

 (II) Any other stationary source category which, as of August 7, 

1980, is being regulated under section 111 or 112 of the Clean Air Act. 

 (III) And such other sources as the Environmental Quality Council 

may later determine.

 (E) An application subject to this section shall contain an analysis of 

ambient air quality in the area that would be affected by the stationary source or modification as 

required below: 

 (I) For each pollutant that the source would have the potential to 
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emit in a significant amount. 

 (II) For the modification, each pollutant for which it would result 

in a significant net emissions increase. 

 (III) For pollutants for which National Ambient Air Quality 

Standards have been established, the analysis shall contain continuous air quality monitoring 

data gathered for purposes of determining whether emissions of that pollutant would cause or 

contribute to a violation of the standard or any maximum allowable increase. 

 (IV) In general, the required continuous air quality monitoring 

data shall have been gathered over a period of one year immediately preceding receipt of the 

application. The Administrator may provide that the monitoring period specification may be 

reduced to a minimum of four months if he is satisfied that a complete and adequate analysis can 

be accomplished with monitoring data gathered over a period shorter than one year. 

 (V) All monitoring conducted pursuant to the requirements of this 

section shall meet the requirements of Appendix B of 40 CFR part 58. 

 (VI) The requirements for pre-construction monitoring specified 

above and under Chapter 6, Section 2(b) with respect to monitoring for a particular pollutant may 

be waived by the Administrator upon petition from an applicant if: 

 (1.) The emissions increase of the pollutant from a new 

stationary source or the net emissions increase of the pollutant from a modification would cause, 

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

 a. Carbon Monoxide - 575 μg/m3

, 8-hour average; 

 b. Nitrogen Dioxide - 14 μg/m3, annual average; 

 c. PM2.5 - 4 μg/m3, 24-hour average; 

 d. PM10 - 10 μg/m3

of PM10, 24-hour average; 

 e. Sulfur Dioxide - 13 μg/m3

, 24-hour average; 

 f. Ozone (No de minimis air quality level is 

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

organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient 

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

 g. Lead - 0.1 μg/m3, 3-month average; 

 h. Fluorides - 0.25 μg/m3, 24-hour average; 
6-23

 i. Total Reduced Sulfur - 10 μg/m3, 1-hour average; 

 j. Hydrogen Sulfide - 0.2 μg/m3, 1-hour average; 

 k. Reduced Sulfur Compounds - 10 μg/m3, 1-hour 

average; or 

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

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

(b)(i)(E)(VI)(1.) of this section; or 

 (3.) The pollutant is not listed in paragraph 

(b)(i)(E)(VI)(1.) of this section.

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

of this section to conduct an approved visibility monitoring program in any Class I Area which 

may be impacted by emissions from the proposed stationary source. 

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

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

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

modification otherwise to emit a pollutant, then all of the provisions of Chapter 6, Sections 2 and 

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

source or modification. 

 (H) The following specific provisions apply to projects at existing 

emissions units at a major stationary source (other than projects at a source with a PAL) in 

circumstances where the owner or operator elects to use the method specified in paragraphs 

(i)(A) through (C) of the definition for “Projected actual emissions” for calculating projected 

actual emissions. 

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

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

 (1.) A description of the project; 

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

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

 (3.) A description of the applicability test used to 

determine that the project is not a major modification for any regulated NSR pollutant, including 

the baseline actual emissions, the projected actual emissions, the amount of emissions excluded 

under paragraph (i)(C) of the definition for “Projected actual emissions” in Section 4(a) and an 

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

 (II) Before beginning actual construction, the owner or operator 
6-24

shall provide the information set out in paragraph (b)(i)(H)(I) of this section to the Division as a 

Chapter 6, Section 2 permit application. 

 (III) The owner or operator shall monitor the emissions of 

any regulated NSR pollutant that could increase as a result of the project and that is emitted by 

any emissions unit identified in paragraph (b)(i)(H)(I)(2.) of this section; and calculate and 

maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period 

of 5 years following resumption of regular operations after the change, or for a period of 10 years 

following resumption of regular operations after the change if the project increases the design 

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

 (IV) The owner or operator shall submit a report to the Division 

within 60 days after the end of each year during which records must be generated under 

paragraph (b)(i)(H)(III) of this section setting out the unit’s annual emissions during the calendar 

year that preceded submission of the report. 

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

required to be documented and maintained pursuant to paragraph (b)(i)(H) of this section 

available for review upon request for inspection by the Division or the general public pursuant to 

the requirements contained in 40 CFR 70.4(b)(3)(viii). 

 (J) (I) Except as otherwise provided in paragraph (b)(xv) of this 

section, and consistent with the definition of “Major modification” contained in Section 4(a), a 

project is a major modification for a regulated NSR pollutant if it causes two types of emissions 

increases - a significant emissions increase (as defined in the definition for “Significant 

emissions increase” in Section 4(a)), and a significant net emissions increase (as defined in the 

definitions for “Net emissions increase” and “Significant” in Section 4(a)). The project is not a 

major modification if it does not cause a significant emissions increase. If the project causes a 

significant emissions increase, then the project is a major modification only if it also results in a 

significant net emissions increase. 

 (II) The procedure for calculating (before beginning actual 

construction) whether a significant emissions increase (i.e., the first step of the process) will 

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

(b)(i)(J)(III) through (V) of this section. The procedure for calculating (before beginning actual 

construction) whether a significant net emissions increase will occur at the major stationary 

source (i.e., the second step of the process) is contained in the definition for “Net emissions 

increase” in Section 4(a). Regardless of any such preconstruction projections, a major 

modification results if the project causes a significant emissions increase and a significant net 

emissions increase. 

 (III) Actual-to-Projected-Actual Applicability Test For Projects 

That Only Involve Existing Emissions Units. A significant emissions increase of a regulated 

NSR pollutant is projected to occur if the sum of the difference between the projected actual 

emissions (as defined in the definition for “Projected actual emissions” in Section 4(a)) and the 

baseline actual emissions (as defined in paragraphs (i) and (ii) in the definition of “Baseline 
6-25

actual emissions” in Section 4(a)) for each existing emissions unit, equals or exceeds the 

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

4(a)). 

 (IV) Actual-to-Potential Test For Projects That Only Involve 

Construction of a New Emissions Unit(s). A significant emissions increase of a regulated NSR 

pollutant is projected to occur if the sum of the difference between the potential to emit (as 

defined in the definition for “Potential to emit” in Section 4(a)) from each new emissions unit 

following completion of the project and the baseline actual emissions (as defined in paragraph 

(iii) for the definition of “Baseline actual emissions” in Section 4(a)) of these units before the 

project equals or exceeds the significant amount for that pollutant (as defined in the definition of 

“Significant” in Section 4(a)). 

 

 (V) Hybrid Test For Projects That Involve Multiple Types of 

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

occur if the sum of the emissions increases for each emissions unit, using the method specified in 

paragraphs (b)(i)(J)(III) and (IV) of this section as applicable with respect to each emissions unit, 

for each type of emissions unit equals or exceeds the significant amount for that pollutant (as 

defined in the definition of “Significant” in Section 4(a)). 

 (ii) (A) The required permit shall not be issued unless the proposed major 

stationary source or major modification would meet an emission limit(s) or equipment 

standard(s) specified by the Administrator to represent the application of Best Available Control 

Technology for each pollutant regulated under these Standards and Regulations and under the 

Federal Clean Air Act and having the potential to emit in significant amounts. For phased 

construction projects, the determination of BACT shall be reviewed and modified as appropriate 

at the latest, most reasonable time no later than 18 months prior to commencement of each phase 

of the proposed project. At such time, the owner or operator of the applicable stationary source 

may be required to demonstrate the adequacy of any previous determination of best available 

control technology for the stationary source. 

 (B) In the case of a major modification, the requirements for Best 

Available Control Technology shall apply only to each new or modified emissions unit at which 

a net emissions increase of the pollutant would occur. 

 (C) (I) The applicant for a permit for a source subject to this section 

may petition the Administrator to approve a system of innovative control technology. 

 (II) The Administrator, with the approval of the governor(s) of 

other affected state(s) may approve the employment of a system of innovative control technology 

if: 

 (1.) The proposed control system would not cause or 

contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; 

 (2.) The owner or operator agrees to achieve a level of 
6-26

continuous emissions reduction equivalent to that which would have been required under 

paragraphs (ii)(A) and (B) above by a date specified by the Administrator. Such date shall not be 

later than 4 years from the time of startup or 7 years from permit issuance. 

 (3.) The major stationary source or major modification 

would meet the requirements equivalent to those in paragraphs (b)(i)(A)(I), (b)(ii)(A), and 

(b)(ii)(B) above based on the emission rate that the stationary source employing the system of 

innovative control technology would be required to meet on the date specified by the 

Administrator. 

 (4.) The source or modification would not before the date 

specified by the Administrator: 

 a. Cause or contribute to any violation of an 

applicable National Ambient Air Quality Standard, or 

 b. Impact any Class I Area, or 

 c. Impact any area where an applicable increment is 

known to be violated. 

 (5.) All other applicable requirements including those for 

public participation have been met. 

 (III) The approval to employ a system of innovative control 

technology shall be withdrawn by the Administrator if: 

 (1.) The proposed system fails by the specified date to 

achieve the required continuous emissions reduction rate, or 

 (2.) The proposed system fails before the specified date so 

as to contribute to an unreasonable risk to public health, welfare, or safety, or 

 (3.) The Administrator decides at any time that the 

proposed system is unlikely to achieve the required level of control or to protect the public 

health, welfare, or safety. 

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

of continuous emissions reduction within the specified time period or if the approval is 

withdrawn in accordance with (III) above, the Administrator may allow the source or 

modification up to an additional three years to meet the requirement for the application of BACT 

through use of a demonstrated system of control. 

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

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

denial of a required permit and shall not be taken into account when determining compliance 
6-27

with the maximum allowable increments in Table 1; however, Best Available Control 

Technology shall be applied to abate such temporary emission. 

 (iv) All applications of air quality modeling required under paragraph (b)(i) 

above shall be based on the applicable models, databases, and other requirements specified in 

Appendix W of 40 CFR part 51 (Guideline on Air Quality Models). Where an air quality model 

specified in Appendix W of 40 CFR part 51 (Guideline on Air Quality Models) is inappropriate, 

the model may be modified or another model substituted. Such a modification or substitution of 

a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a 

specific State of Wyoming program. Written approval of the EPA Administrator must be 

obtained for any modification or substitution. In addition, use of a modified or substituted model 

must be subject to notice and opportunity for public comment under procedures set forth in 

Chapter 6, Section 2(g). 

 (v) In any case where the federal official charged with direct responsibility for 

management of any lands within a Class I Area, or the Administrator of EPA or the governor of 

an adjacent state containing such a Class I Area, files a notice alleging that emissions from a 

proposed source or major modification may cause or contribute to a change in the air quality in 

such area and identifying the potential adverse impact of such change, a permit shall not be 

issued unless the owner or operator of such source demonstrates to the satisfaction of the 

Administrator that emissions of particulate matter, sulfur dioxide, and nitrogen oxides will not 

cause or contribute to concentrations which exceed the maximum allowable increases for the 

Class I Area in question. 

 (vi) (A) In any case where a Federal Land Manager demonstrates to the 

satisfaction of the Administrator that the emissions from such source will have an adverse impact 

on the air quality-related values (including visibility) of such Class I Areas, notwithstanding the 

fact that the change in air quality resulting from emissions from such source will not cause or 

contribute to concentrations which exceed the maximum allowable increases for Class I Areas, a 

permit shall not be issued. 

 (B) However, in the case where the Federal Land Manager provides to the 

Division at least 30 days prior to the Public Notice issued pursuant to Chapter 6, Section 2(m) of 

these regulations, an analysis of the impact of the emissions on visibility in a Federal Class I 

Area, the Division must consider such analysis in making its proposed decision. If the Federal 

Land Manager’s analysis concludes that an adverse impact on visibility in the Federal Class I 

Area will occur but the Administrator determines that the analysis does not demonstrate to his 

satisfaction that such an adverse impact on visibility will occur, the Administrator shall in the 

Public Notice issued pursuant to the requirements of Chapter 6, Section 2(m), explain his 

decision or give notice as to where the explanation can be obtained. 

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

satisfaction of the Federal Land Manager, and the Federal Land Manager so certifies, that the 

emissions from such source will have no adverse impact on the air quality-related values of such 

Class I Areas (including visibility) notwithstanding the fact that the change in air quality 

resulting from emissions from such source will cause or contribute to concentrations which 
6-28

exceed the maximum allowable increases for Class I Areas, the Administrator may issue a 

permit. 

 (viii) In the case of a permit issued pursuant to subsection (vii), such source shall 

comply with such emission limitation under such permit as may be necessary to assure that 

emissions of sulfur oxides, particulate matter, and nitrogen oxides from such source, will not 

cause or contribute to concentrations of such pollutant which exceeds the following maximum 

allowable increases over the baseline concentration for such pollutants: 

 Maximum Allowable Increase 

 (micrograms per cubic meter) Particulate 

matter: 

 PM2.5, annual arithmetic mean 4

 PM2.5, 24-hr maximum 9

 PM10, annual arithmetic mean 17

 PM10, 24-hour maximum 30

 Sulfur dioxide: 

 Annual arithmetic mean 20

 Twenty-four-hour maximum 91

 Three-hour maximum 325

 Nitrogen dioxide: 

 Annual arithmetic mean 25

 (ix) (A) In any case where the owner or operator of a proposed major 

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

(vii) demonstrates to the satisfaction of the Governor of Wyoming (hereinafter the Governor), 

after notice and public hearing, and the Governor finds, that the source cannot be constructed by 

reason of any maximum allowable increases for sulfur dioxide for periods of twenty-four hours 

or less applicable to any Class I Area and, in the case of federal Mandatory Class I Areas, that a 

variance under this clause will not adversely affect the air quality related values of the area 

(including visibility), the Governor, after consideration of the Federal Land Manager’s 

recommendation (if any) and subject to his concurrence, may grant a variance from such 

maximum allowable increase. If a variance is granted, a permit may be issued to such source 

pursuant to the requirements of this subparagraph provided other requirements of this section are 

met.

 (B) In the case of a permit issued pursuant to subparagraph (ix)(A), such 

source shall comply with such emission limitations under such permit as may be necessary to 

assure that emissions of sulfur oxides from such source will not (during any day on which the 

otherwise applicable maximum allowable increases are exceeded) cause or contribute to 

concentrations which exceed the following maximum allowable increases for such areas over the 

baseline concentration for such pollutant and to assure that such emissions will not cause or 
6-29

contribute to concentrations which exceed the otherwise applicable maximum allowable 

increases for periods of exposure of 24 hours or less on more than 18 days during any annual 

period. 

 

 Maximum Allowable Increase 

 (micrograms per cubic meter) 

 Period of exposure: 

 Low terrain areas: 

 24-hr maximum 36

 3-hr maximum 130

 High terrain areas: 

 24-hr maximum 62

 3-hr maximum 221

 (x) Notwithstanding other requirements of this section, a portable source which is 

a major stationary source and which has otherwise received a construction permit under Chapter 

6, Sections 2 and 4 shall not be required to obtain additional relocation permits under this section 

if: 

 (A) Emissions from the source would not exceed allowable emissions; 

and

 (B) Such relocation would impact no Class I Area and no area where an 

applicable increment is known to be violated; and 

 (C) Notice is given to the Division at least 10 days prior to such 

relocation identifying the proposed new location and the probable duration of operation at such 

location; and 

 (D) Emissions at the new location will be temporary. 

 (xi) After a final decision is made on an application for a source subject to this 

section, the final decision will be transmitted in writing to the applicant and the final decision 

and all comments received by the Division during the public comment period will be made 

available for public inspection in the same location where the application and analysis was 

posted. A copy of each permit application for each source or modification subject to this section 

and impacting a Federal Class I Area will be transmitted to EPA. EPA will be provided with 

notice of each action taken by the Division on such application. 
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 (xii) [Reserved.] 

 (xiii) [Reserved.] 

 (xiv) [Reserved.] 

 (xv) Actuals Plantwide Applicability Limitations (PALs). 

 (A) Applicability. 

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

existing major stationary source if the PAL meets the requirements in paragraphs (b)(xv)(A) 

through (O) of this section. The term “PAL” shall mean “actuals PAL” throughout paragraph 

(b)(xv) of this section. 

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

of a major stationary source that maintains its total source-wide emissions below the PAL level, 

meets the requirements in paragraphs (b)(xv)(A) through (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 4 permit; and 

 (3.) Is not subject to the provisions in paragraph (b)(i)(G) 

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

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

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

section, a major stationary source shall continue to comply with all applicable Federal or State of 

Wyoming requirements, emission limitations, and work practice requirements that were 

established prior to the effective date of the PAL. 

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

consistent with paragraphs (b)(xv)(A) through (O) of this section. When a term is not defined in 

these paragraphs, it shall have the meaning given in Section 4(a) of this section or in the Clean 

Air Act. 

 “Actuals PAL for a major stationary source” means a PAL based on the 

baseline actual emissions (as defined in the definition for “Baseline actual emissions” in Section 

4(a)) of all emissions units (as defined in the definition for “Source” in Section 4(a)) at the 

source, that emit or have the potential to emit the PAL pollutant. 

 “Allowable emissions” has the same meaning as in the definition for 
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“Allowable emissions” in Section 4(a), except as this definition is modified according to 

paragraphs (i) and (ii) of this definition. 

 (i) The allowable emissions for any emissions unit shall be 

calculated considering any emission limitations that are enforceable as a practical matter on the 

emissions unit’s potential to emit. 

 (ii) An emissions unit’s potential to emit shall be determined using 

the definition of “Potential to emit” in Section 4(a), except that the words “or enforceable as a 

practical matter” should be added after “enforceable”. 

 “Major emissions unit” means: 

 (i) Any emissions unit that emits or has the potential to emit 100 

tons per year or more of the PAL pollutant in an attainment area; or 

 (ii) Any emissions unit that emits or has the potential to emit the 

PAL pollutant in an amount that is equal to or greater than the major source threshold for the 

PAL pollutant as defined by the Clean Air Act for nonattainment areas. (For example, in 

accordance with the definition of major stationary source in section 182(c) of the Clean Air Act, 

an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a 

serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of 

VOC per year.) 

 “PAL effective date” generally means the date of issuance of the PAL 

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

is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

 “PAL effective period” means the period beginning with the PAL 

effective date and ending 10 years later. 

 “PAL major modification” means, notwithstanding the definitions for 

“Major modification” and “Net emissions increase” of Section 4(a), any physical change in or 

change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a 

level equal to or greater than the PAL. 

 “PAL permit” means the Chapter 6, Section 2 or Section 4 permit issued 

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

 “PAL pollutant” means the pollutant for which a PAL is established at a 

major stationary source. 

 “Plantwide applicability limitation (PAL)” means an emission limitation 

expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a 

practical matter and established source-wide in accordance with paragraphs (b)(xv)(A) through 

(O) of this section. 
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 “Significant emissions unit” means an emissions unit that emits or has 

the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant 

level (as defined in the definition for “Significant” in Section 4(a) or in the Clean Air Act, 

whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit 

as a major emissions unit as defined in paragraph (b)(xv)(B) for the definition of “Major 

emissions unit” of this section. 

 “Small emissions unit” means an emissions unit that emits or has the 

potential to emit the PAL pollutant in an amount less than the significant level for that PAL 

pollutant, as defined in the definition for “Significant” in Section 4(a) or in the Clean Air Act, 

whichever is lower. 

 (C) Permit Application Requirements. As part of a permit application 

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

information in paragraphs (b)(xv)(C)(I) through (III) of this section to the Division for approval. 

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

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

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

emission limitations, or work practices apply to each unit. 

 (II) Calculations of the Baseline Actual Emissions (With 

Supporting Documentation). Baseline actual emissions are to include emissions associated not 

only with operation of the unit, but also emissions associated with startup, shutdown, and 

malfunction. 

 (III) The calculation procedures that the major stationary source 

owner or operator proposes to use to convert the monitoring system data to monthly emissions 

and annual emissions based on a 12-month rolling total for each month as required by paragraph 

(b)(xv)(M)(I) of this section. 

 (D) General Requirements For Establishing PALs. 

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

provided that at a minimum, the requirements in paragraphs (b)(xv)(D)(I)(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 
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is less than the PAL. 

 (2.) The PAL shall be established in a PAL permit that 

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

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

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

 (4.) The PAL shall include fugitive emissions, to the extent 

quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at 

the major stationary source. 

 (5.) Each PAL shall regulate emissions of only one 

pollutant. 

 (6.) Each PAL shall have a PAL effective period of 10 

years. 

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

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

provided in paragraphs (b)(xv)(L) through (N) of this section for each emissions unit under the 

PAL through the PAL effective period. 

 (II) At no time (during or after the PAL effective period) are 

emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as 

decreases for purposes of offsets under 40 CFR part 51.165(a)(3)(ii) unless the level of the PAL 

is reduced by the amount of such emissions reductions and such reductions would be creditable 

in the absence of the PAL. 

 (E) Public Participation Requirements For PALs. PALs for existing 

major stationary sources shall be established, renewed, or increased, through a procedure that is 

consistent with Chapter 6, Section 2. This includes the requirement that the Division provide the 

public with notice of the proposed approval of a PAL permit and at least a 30-day period for 

submittal of public comment. The Division must address all material comments before taking 

final action on the permit. 

 (F) Setting the 10-Year Actuals PAL Level. 

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

the actuals PAL level for a major stationary source shall be established as the sum of the baseline 

actual emissions (as defined in the definition for “Baseline actual emissions” in Section 4(a)) of 

the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable 

significant level for the PAL pollutant under the definition of “Significant” in Section 4(a) or 

under the Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL 

pollutant, only one consecutive 24-month period must be used to determine the baseline actual 

emissions for all existing emissions units; however, a different consecutive 24-month period may 
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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 (b)(xv)(F)(I) of this 

section, the emissions must be added to the PAL level in an amount equal to the potential to emit 

of the units. 

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

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

 (I) The PAL pollutant and the applicable source-wide emission 

limitation in tons per year. 

 (II) The PAL permit effective date and the expiration date of the 

PAL (PAL effective period). 

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

source owner or operator applies to renew a PAL in accordance with paragraph (b)(xv)(J) of this 

section before the end of the PAL effective period, then the PAL shall not expire at the end of the 

PAL effective period. It shall remain in effect until a revised PAL permit is issued by the 

Division. 

 (IV) A requirement that emission calculations for compliance 

purposes include emissions from startups, shutdowns and malfunctions. 

 (V) A requirement that, once the PAL expires, the major stationary 

source is subject to the requirements of paragraph (b)(xv)(I) of this section. 

 (VI) The calculation procedures that the major stationary source 

owner or operator shall use to convert the monitoring system data to monthly emissions and 

annual emissions based on a 12-month rolling total for each month as required by paragraph 

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

 (VII) A requirement that the major stationary source owner or 

operator monitor all emissions units in accordance with the provisions under paragraph 

(b)(xv)(M) of this section. 
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 (VIII) A requirement to retain the records required under 

paragraph (b)(xv)(M) of this section on site. Such records may be retained in an electronic 

format. 

 (IX) A requirement to submit the reports required under paragraph 

(b)(xv)(N) of this section by the required deadlines. 

 (X) Any other requirements that the Division deems necessary to 

implement and enforce the PAL. 

 (H) PAL Effective Period and Reopening of the PAL Permit. 

 (I) PAL Effective Period. The PAL effective period shall be 10 

years. 

 (II) Reopening of the PAL Permit. 

 (1.) During the PAL effective period, the Division shall 

reopen the PAL permit to: 

 a. Correct typographical/calculation errors made in 

setting the PAL or reflect a more accurate determination of emissions used to establish the PAL; 

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

major stationary source creates creditable emissions reductions for use as offsets under 40 CFR 

part 51.165(a)(3)(ii); and 

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

as provided under paragraph (b)(xv)(K) of this section. 

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

following: 

 a. Reduce the PAL to reflect newly applicable 

Federal requirements (for example, NSPS) with compliance dates after the PAL effective date; 

 b. Reduce the PAL consistent with any other 

requirement, that is enforceable as a practical matter, and that the Division may impose on the 

major stationary source; and 

 c. Reduce the PAL if the Division determines that a 

reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, 

or to an adverse impact on an AQRV that has been identified for a Federal Class I Area by a 

Federal Land Manager and for which information is available to the general public. 
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 (3.) Except for the permit reopening in paragraph 

(b)(xv)(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 (b)(xv)(E) of this section. 

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

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

period, and the requirements in paragraphs (b)(xv)(I)(I) through (V) of this section shall apply. 

 (I) Each emissions unit (or each group of emissions units) that 

existed under the PAL shall comply with an allowable emission limitation under a revised permit 

established according to the procedures in paragraphs (b)(xv)(I)(I)(1.) and (2.) of this section. 

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

paragraph (b)(xv)(J)(II) of this section, the major stationary source shall submit a proposed 

allowable emission limitation for each emissions unit (or each group of emissions units, if such a 

distribution is more appropriate as decided by the Division) by distributing the PAL-allowable 

emissions for the major stationary source among each of the emissions units that existed under 

the PAL. If the PAL had not yet been adjusted for an applicable requirement that became 

effective during the PAL effective period, as required under paragraph (b)(xv)(J)(V) of this 

section, such distribution shall be made as 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 (b)(xv)(I)(I)(2.) of this section, the source shall continue to comply with a sourcewide, multi-unit emissions cap equivalent to the level of the PAL emission limitation. 

 (IV) Any physical change or change in the method of operation at 

the major stationary source will be subject to Chapter 6, Section 4 requirements if such change 

meets the definition of “Major modification” in Section 4(a). 

 (V) The major stationary source owner or operator shall continue 

to comply with any State of Wyoming or Federal applicable requirements (BACT, RACT, 

NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL 

effective period except for those emission limitations that had been established pursuant to 
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paragraph (b)(i)(G) of this section, but were eliminated by the PAL in accordance with the 

provisions in paragraph (b)(xv)(A)(II)(3.) of this section. 

 (J) Renewal of a PAL. 

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

(b)(xv)(E) of this section in approving any request to renew a PAL for a major stationary source, 

and shall provide both the proposed PAL level and a written rationale for the proposed PAL level 

to the public for review and comment. During such public review, any person may propose a 

PAL level for the source for consideration by the Division. 

 (II) Application Deadline. A major stationary source owner or 

operator shall submit a timely application to the Division to request renewal of a PAL. A timely 

application is one that is submitted at least 6 months prior to, but not earlier than 18 months 

from, the date of permit expiration. This deadline for application submittal is to ensure that the 

permit will not expire before the permit is renewed. If the owner or operator of a major 

stationary source submits a complete application to renew the PAL within this time period, then 

the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 

 (III) Application Requirements. The application to renew a PAL 

permit shall contain the information required in paragraphs (b)(xv)(J)(III)(1.) through (4.) of this 

section. 

 (1.) The information required in paragraphs (b)(xv)(C)(I) 

through (III) of this section. 

 (2.) A proposed PAL level. 

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

under the PAL (with supporting documentation). 

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

the Division to consider in determining the appropriate level for renewing the PAL. 

 (IV) PAL Adjustment. In determining whether and how to adjust 

the PAL, the Division shall consider the options outlined in paragraphs (b)(xv)(J)(IV)(1.) and 

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

(b)(xv)(J)(IV)(3.) of this section. 

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

paragraph (b)(xv)(F) of this section is equal to or greater than 80 percent of the PAL level, the 

Division may renew the PAL at the same level without considering the factors set forth in 

paragraph (b)(xv)(J)(IV)(2.) of this section; or 

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

determines to be more representative of the source’s baseline actual emissions, or that it 
6-38

determines to be appropriate considering air quality needs, advances in control technology, 

anticipated economic growth in the area, desire to reward or encourage the source’s voluntary 

emissions reductions, or other factors as specifically identified by the Division in its written 

rationale. 

 (3.) Notwithstanding paragraphs (b)(xv)(J)(IV)(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 (b)(xv)(K) of this section (increasing a PAL). 

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

requirement that applies to the PAL source occurs during the PAL effective period, and if the 

Division has not already adjusted for such requirement, the PAL shall be adjusted at the time of 

PAL permit renewal or Chapter 6, Section 3 operating permit renewal, whichever occurs first. 

 (K) Increasing a PAL During the PAL Effective Period. 

 (I) The Division may increase a PAL emission limitation only if 

the major stationary source complies with the provisions in paragraphs (b)(xv)(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 

emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that 

would result from BACT equivalent controls on each significant or major emissions unit shall be 

determined by conducting a new BACT analysis at the time the application is submitted, unless 

the emissions unit is currently required to comply with a BACT or LAER requirement that was 

established within the preceding 10 years. In such a case, the assumed control level for that 

emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must 

currently comply. 

 (3.) The owner or operator obtains a Chapter 6, Section 4 

permit for all emissions unit(s) identified in paragraph (b)(xv)(K)(I)(1.) of this section, regardless 
6-39

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 4 process (for example, BACT), even though they have also become subject 

to the PAL or continue to be subject to the PAL. 

 (4.) The PAL permit shall require that the increased PAL 

level shall be effective on the day any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant. 

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

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

emissions of the significant and major emissions units (assuming application of BACT 

equivalent controls as determined in accordance with paragraph (b)(xv)(K)(I)(2.) of this section), 

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

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

level pursuant to the public notice requirements of paragraph (b)(xv)(E) of this section. 

 (L) Monitoring Requirements for PALs. 

 (I) General Requirements. 

 (1.) Each PAL permit must contain enforceable 

requirements for the monitoring system that accurately determines plantwide emissions of the 

PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in 

the PAL permit must be based on sound science and meet generally acceptable scientific 

procedures for data quality and manipulation. Additionally, the information generated by such 

system must meet minimum legal requirements for admissibility in a judicial proceeding to 

enforce the PAL permit. 

 (2.) The PAL monitoring system must employ one or more 

of the four general monitoring approaches meeting the minimum requirements set forth in 

paragraphs (b)(xv)(L)(II)(1.) through (4.) of this section and must be approved by the Division. 

 (3.) Notwithstanding paragraph (b)(xv)(L)(I)(2.) of this 

section, you may also employ an alternative monitoring approach that meets paragraph 

(b)(xv)(L)(I)(1.) of this section if approved by the Division. 

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

requirements of this section renders the PAL invalid. 

 (II) Minimum Performance Requirements For Approved 

Monitoring Approaches. The following are acceptable general monitoring approaches when 

conducted in accordance with the minimum requirements in paragraphs (b)(xv)(L)(III) through 

(IX) of this section: 
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 (1.) Mass balance calculations for activities using coatings 

or solvents; 

 (2.) CEMS; 

 (3.) CPMS or PEMS; and 

 (4.) Emission factors. 

 (III) Mass Balance Calculations. An owner or operator using 

mass balance calculations to monitor PAL pollutant emissions from activities using coating or 

solvents shall meet the following requirements: 

 (1.) Provide a demonstrated means of validating the 

published content of the PAL pollutant that is contained in or created by all materials used in or 

at the emissions unit; 

 (2.) Assume that the emissions unit emits all of the PAL 

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

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

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

in or at the emissions unit, publishes a range of pollutant content from such material, the owner 

or operator must use the highest value of the range to calculate the PAL pollutant emissions 

unless the Division determines there is site-specific data or a site-specific monitoring program to 

support another content within the range. 

 (IV) CEMS. An owner or operator using CEMS to monitor PAL 

pollutant emissions shall meet the following requirements: 

 (1.) CEMS must comply with applicable Performance 

Specifications found in 40 CFR part 60, Appendix B; and 

 (2.) CEMS must sample, analyze, and record data at least 

every 15 minutes while the emissions unit is operating. 

 (V) CPMS or PEMS. An owner or operator using CPMS or 

PEMS to monitor PAL pollutant emissions shall meet the following requirements: 

 (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. 
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 (VI) Emission Factors. An owner or operator using emission 

factors to monitor PAL pollutant emissions shall meet the following requirements: 

 (1.) All emission factors shall be adjusted, if appropriate, 

to account for the degree of uncertainty or limitations in the factors’ development; 

 (2.) The emissions unit shall operate within the designated 

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

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

significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions 

shall conduct validation testing to determine a site-specific emission factor within 6 months of 

PAL permit issuance, unless the Division determines that testing is not required. 

 (VII) A source owner or operator must record and report 

maximum potential emissions without considering enforceable emission limitations or 

operational restrictions for an emissions unit during any period of time that there is no 

monitoring data, unless another method for determining emissions during such periods is 

specified in the PAL permit. 

 (VIII) Notwithstanding the requirements in paragraphs 

(b)(xv)(L)(III) through (VIII) of this section, where an owner or operator of an emissions unit 

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

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

permit issuance: 

 (1.) Establish default value(s) for determining compliance 

with the PAL based on the highest potential emissions reasonably estimated at such operating 

point(s); or 

 (2.) Determine that operation of the emissions unit during 

operating conditions when there is no correlation between monitored parameter(s) and the PAL 

pollutant emissions is a violation of the PAL. 

 (IX) Re-validation. All data used to establish the PAL pollutant 

must be re-validated through performance testing or other scientifically valid means approved by 

the Division. Such testing must occur at least once every 5 years after issuance of the PAL. 

 (M) Recordkeeping Requirements. 

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

copy of all records necessary to determine compliance with any requirement of paragraph (b)(xv) 

of this section and of the PAL, including a determination of each emissions unit’s 12-month 

rolling total emissions, for 5 years from the date of such record. 
6-42

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

copy of the following records, for the duration of the PAL effective period plus 5 years: 

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

applications for revisions to the PAL; and 

 (2.) Each annual certification of compliance pursuant to 

Chapter 6, Section 3 and the data relied on in certifying the compliance. 

 (N) Reporting and Notification Requirements. The owner or operator 

shall submit semi-annual monitoring reports and prompt deviation reports to the Division in 

accordance with the applicable Chapter 6, Section 3 operating permit program. The reports shall 

meet the requirements in paragraphs (b)(xv)(N)(I) through (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 (b)(xv)(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 

(b)(xv)(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. 

 (6.) A notification of a shutdown of any monitoring 

system, whether the shutdown was permanent or temporary, the reason for the shutdown, the 

anticipated date that the monitoring system will be fully operational or replaced with another 

monitoring system, and whether the emissions unit monitored by the monitoring system 

continued to operate, and the calculation of the emissions of the pollutant or the number 

determined by method included in the permit, as provided by paragraph (b)(xv)(L)(VII) of this 

section. 

 (7.) A signed statement by the responsible official (as 

defined by the applicable Chapter 6, Section 3 operating permit program) certifying the truth, 
6-43

accuracy, and completeness of the information provided in the report. 

 (II) Deviation Report. The major stationary source owner or 

operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, 

including periods where no monitoring is available. A report submitted pursuant to Chapter 6, 

Section 3(h)(i)(C)(III)(2.) shall satisfy this reporting requirement. The deviation reports shall be 

submitted within the time limits prescribed by Chapter 6, Section 3(h)(i)(C)(III)(2.). The reports 

shall contain the following information: 

 (1.) The identification of owner and operator and the 

permit number; 

 (2.) The PAL requirement that experienced the deviation 

or that was exceeded; 

 (3.) Emissions resulting from the deviation or the 

exceedance; and 

 (4.) A signed statement by the responsible official (as 

defined by the applicable Chapter 6, Section 3 operating permit program) certifying the truth, 

accuracy, and completeness of the information provided in the report. 

 (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 (b)(xv)(A) through (O) of this section after the Administrator has 

approved regulations incorporating these requirements into Chapter 6, Section 4. 

 (II) The Division may supersede any PAL which was established 

prior to the date of approval of this regulation by the Administrator of EPA with a PAL that 

complies with the requirements of paragraphs (b)(xv)(A) through (O) of this section. 

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

person or circumstance, is held invalid, the remainder of this section, or the application of such 

provision to persons or circumstances other than those as to which it is held invalid, shall not be 

affected thereby. 

 (xvii) Transition: 

 (A) The requirements for BACT in Chapter 6, Section 4(b)(ii) and the 

requirements for air quality analysis in Chapter 6, Section 4(b)(i) shall not apply to a major 

stationary source or major modification that was subject to Chapter 6, Section 4, as effective on 
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January 25, 1979, if the owner or operator of the source submitted an application for a permit 

under these regulations before August 7, 1980, and the Administrator subsequently determines 

that the application submitted before that date was complete. Instead, the requirements of 

Chapter 6, Section 4 as in effect on January 25, 1979, apply to any such source or modification. 

 (B) The requirements for air quality monitoring in paragraph (b)(i)(E) 

shall not apply to a particular source or modification that was subject to Chapter 6, Section 4, as 

effective on January 25, 1979, if the owner or operator of the source or modification submits an 

application for a permit under these regulations on or before June 8, 1981, and the Administrator 

subsequently determines that the application submitted before that date was complete with 

respect to the requirements for ambient air quality data analyses as in effect on January 25, 1979. 

Instead, the latter requirements shall apply to such source or modification. 

 (C) The requirements for air quality monitoring in paragraph (b)(i)(E) 

shall not apply to a particular source or modification that was not subject to Chapter 6, Section 4, 

as effective on January 25, 1979, if the owner or operator of the source or modification submits 

an application for a permit under these regulations before June 8, 1981, and the Administrator 

subsequently determines that the application as submitted before that date was complete except 

with respect to the requirements in paragraph (b)(i)(F). 

 (D) The requirements for air quality monitoring for PM10 in paragraphs 

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

particular source or modification, if the owner or operator of the source or modification submits 

an application for a permit under Chapter 6, Section 4 on or before June 1, 1988 and the 

Administrator subsequently determines that the application submitted before that date was 

complete, except with respect to the requirements for monitoring particulate matter. 

 (E) The requirements for air quality monitoring of PM10 in paragraphs 

(b)(i)(E)(IV) through (b)(i)(E)(V) of this section, effective February 13, 1989, shall apply to a 

particular source or modification if the owner or operator of the source or modification submits 

an application for a permit under this section after June 1, 1988 and no later than December 1, 

1988. The data shall have been gathered over at least the period from February 1, 1988 to the 

date the application becomes otherwise complete in accordance with the provisions set forth 

under paragraph (b)(xvii)(G) of this section, except that the Administrator may provide that the 

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

that a complete and adequate analysis can be accomplished with monitoring data gathered over 

that shorter period of time. 

 (F) For any application under this section that becomes complete except 

as to the requirements of paragraphs (b)(i)(E)(III) and (b)(i)(E)(IV) pertaining to PM10, after 

December 1, 1988 and no later than August 1, 1989, the data that paragraph (b)(i)(E)(III) 

requires will have been gathered over at least the period from August 1, 1988 to the date the 

application becomes otherwise complete. The Administrator may provide that the monitoring 

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

complete and adequate analysis can be accomplished with monitoring data gathered over that 

shorter period of time. 
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 (G) With respect to any requirements for air quality monitoring of PM10

specified under paragraphs (b)(xvii)(D) and (b)(xvii)(E) of this section, effective February 13, 

1989, the owner or operator of the source or modification shall use a monitoring method 

approved by the Administrator and shall estimate the ambient concentrations of PM10 using the 

data collected by such approved monitoring method in accordance with estimating procedures 

approved by the Administrator. 

 (H) The requirement to demonstrate compliance with the maximum 

allowable increment for nitrogen dioxide shall not apply to a major stationary source or major 

modification that was subject to Chapter 6, Section 4, as effective on February 8, 1988, if the 

owner or operator of the source or modification submits an application for a permit under these 

regulations on or before October 30, 1990 and the Administrator subsequently determines that 

the application submitted before that date was complete. 

 (I) The requirement to demonstrate compliance with the maximum 

allowable increment for PM10 shall not apply to a major stationary source or major modification 

that was subject to Chapter 6, Section 4, as effective on June 3, 1993, if the owner or operator of 

the source or modification submits an application for a permit under these regulations on or 

before the effective date of this regulation revision and the Administrator subsequently 

determines that the application submitted before that date was complete. Instead, the 

requirement to demonstrate compliance with the maximum allowable increment for TSP, as in 

effect at the time the application was submitted, shall apply: 

Maximum Allowable Increments of Deterioration - μg/m3 

Pollutant Class I Class II 

 Particulate Matter: 

TSP, Annual geometric mean 5 19

TSP, 24-hour maximum* 10 37

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

 (c) All national parks, national wilderness areas, and national memorial parks in 

Wyoming as of January 25, 1979, shall be designated Class I and may not be redesignated. All 

other areas of the State of Wyoming shall be designated Class II as of the effective date of this 

regulation. 

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

accomplished through the process of establishment of Standards and Regulations set forth in the 

Wyoming Environmental Quality Act. 

 (i) The following areas may be redesignated only as Class I or Class II areas: 

 (A) An area which exceeds 10,000 acres in size and is a national 
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monument, a national primitive area, a national preserve, a national recreational area, a national 

wild and scenic river, a national wildlife refuge, a national lakeshore; and 

 (B) A national park or national wilderness area which exceeds 10,000 

acres in size and is established after the effective date of this regulation. 

 (ii) Except as provided in paragraph (c) above, any area may be redesignated as 

Class I or II, with the approval of the Administrator of the Environmental Protection Agency, in 

accordance with the provisions of paragraph (iii) below; provided, however, that lands within the 

exterior boundaries of reservations of federally recognized Indian tribes may be redesignated to 

any class, but only by the appropriate Indian governing body. 

 (iii) (A) At least one public hearing must be held in accordance with the 

provisions for adoption of regulations as set forth in the Administrative Procedures Act and the 

Wyoming Environmental Quality Act. 

 (B) At least 30 days prior to the public hearing, a description and analysis 

of the health, environmental, economic, social and energy effects of the proposed redesignation 

shall be prepared and made available for public inspection. Any person petitioning the 

Department or Council to redesignate an area shall be responsible for preparing or submitting 

such description and analysis. Such persons shall also be responsible for revising this required 

documentation to the extent necessary to satisfy the Administrator of the U.S. EPA. The notice 

of the public hearing shall contain appropriate notification of the availability of the description 

and analysis of the proposed redesignation. 

 (C) Agencies from neighboring states, Indian governing bodies, Federal 

Land Managers, and local governments whose land may be affected by the proposed 

redesignation shall be notified at least 30 days prior to the hearing. 

 (D) Prior to proposing a redesignation, the Division and the Air Quality 

Advisory Board shall consult with the elected leadership of local and other substate general 

purpose governments in the area covered by the redesignation. 

 (E) Prior to public notice of the proposed redesignation the Division shall 

provide written notice to any Federal Land Manager who may be responsible for any federal 

lands within the area proposed for such redesignation and shall afford adequate opportunity (but 

not in excess of 60 days) to confer with the State respecting the intended notice of designation. 

The Federal Land Manager shall be offered the opportunity to submit written comments and 

recommendations with respect to such intended notice of redesignation. In redesignating any 

area with respect to which the federal land manager has submitted written comments and 

recommendations, the Division will publish a list of any inconsistency between such 

redesignation and such recommendation with an explanation of such inconsistency (together 

with the reasons for making such redesignation against the recommendation of the Federal Land 

Manager). 
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 (F) The Council shall review and examine the description and analysis 

prepared pursuant to subparagraph (iii)(B) above prior to any redesignation. 

 (iv) (A) If an area has been proposed for redesignation to a more stringent 

class, no permit to construct may be granted to a source which may cause an impact in the area 

proposed for redesignation and for which an application to construct is received by the Division 

after the filing of the petition for redesignation with the Environmental Quality Council until the 

proposed redesignation has been acted upon; however, approval may be granted if, in the 

Administrator’s judgment, the proposed source would not violate the applicable increments of 

the proposed redesignation. Such approval shall be withheld only so long as in the 

Administrator’s judgment, the petitioner is expeditiously proceeding toward development of the 

“description and analysis” required under (iii)(B) above, and provided that such “description and 

analysis” is complete and submitted to the Council for action on the petition within 18 months of 

the filing of the initial petition. Upon good cause shown, the Council may extend the foregoing 

deadline. 

 (B) Where an application for a permit to construct a source has been 

received by the Division prior to the receipt by the Council of a petition for redesignation of an 

area to a more stringent class and where such source may cause an impact in the area proposed 

for redesignation, the permit application shall be processed considering the classification of an 

area which existed at the time of permit application. For purposes of establishing a priority date 

under this Chapter 6, Section 4(d)(vi)(B), (1) such permit application is not required to meet the 

provisions for completeness in Chapter 6, Section 2, and (2) the time frames in Chapter 6, 

Section 2(g) for action on applications shall not apply. 

However, a priority date established under Chapter 6, Section 4(d)(vi)(B), shall remain in effect 

only so long as in the Administrator’s judgment, the applicant is expeditiously proceeding 

toward the development and submittal of such other information and data as required to make the 

application complete under the provisions of Chapter 6, Section 2, and provided that such other 

information and data is submitted to, and judged to be complete by the Administrator within 18 

months of the filing of the initial permit application. Upon good cause shown, the Administrator 

may extend the foregoing deadline. 

Section 14. Incorporation by reference. 

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

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

July 1, 2013, 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. 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.