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Administrative Rule Review Report- ARR12-080 

Legislative Service Office 

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October 18, 2012 

AGENCY 

DATE SUBMITTED: 

SUBJECT: 

NATURE OF RULES: 

STATUTORY AUTHORITY: 

Department of Environmental Quality 

October 11, 2012 

Chapter I - Common Provisions; Chapter 6 - Permitting 

Requirements; Chapter 7 -Monitoring Regulations 

Legislative and Procedural 

W.S. 35-ll-112(a)(i), 35-11-202(a) and 35-11-213(e). 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION 

SUBMITTED BY THE DEPAR1MENT OF ENVIRONMENTAL QUALITY TO LSO: 

Apparently complete to date. Please note that due to W.S. 35-11-213(e) and (h), these rules will 

not become effective until the Legislature passes additional legislation authorizing DEQ to 

submit an amended State Implementation Plan (SIP) to the Environmental Protection Agency 

(EPA). 

SUMMARY OF RULES: These rules amend several chapters of the Department of 

Environmental Quality, Air Quality Division (AQD) Rules and Regulations. These standards 

conform to federal requirements adopted by the EPA. The rules contain technical descriptions of 

allowable emissions of certain chemical compounds, commonly known as Green House Gases 

(GHG). Following is a summary ofthe substantive rule revisions by chapter. If you would like a 

copy of the rules in strike and underline format, please contact LSO. 

Chapter 1 (Common Provisions) 

This chapter contains provisions which apply to sources of air contaminants throughout 

Wyoming. A definition of "Greenhouse Gases (GHGs) as "the air pollutant defined as the 

aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride" is created. Section 7 

(Greenhouse Gases) is created to require sources which emit GHGs to receive a permit to emit 

and to operate pursuant to the requirements of that permit. Section 7 also provides for the repeal 

of GHG regulations in the rules if: 1) The United States Congress enacts a law prohibiting the 

EPA from regulating GHGs; or 2) A federal court issues a final judgment prohibiting the EPA 

from regulating GHGs emissions from stationary sources. 

Chapter 6 (Permitting Requirements) 

This chapter establishes permitting requirements for all pollution sources constructing or 

operating in the State of Wyoming. GHGs permit is generally not required for preconstruction 

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activities, except as specified in Section 1. Section 3 (Operating Permits) is revised to add the 

same definition of GHGs as found in Chapter 1. The definition of "Major Source" is amended to 

include a new applicability threshold for GHGs. Section 4 (Prevention of Significant 

Deterioration) was modified to allow for the permitting of GHGs under the Prevention of 

Significant Deterioration Program. Changes were also made to the definition portion of Section 

4. 

Chapter 7 (Monitoring-Regulations) 

This chapter establishes general monitoring regulations. This chapter is amended to include the 

same definitions found in Chapter 6, Section 3. 

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

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

by the Council as submitted by the Agency. 

Matthew D. Obrecht 

. Staff Attorney 

Gerald W. Laska 

Staff Attorney