; , (' ··'( Administrative Rule ReviewReport- ARR12-080 Legislative Service Office 

### '' October 18, 2012 AGENCY DATE SUBMITTED: SUBJECT:
NATURE OF RULES: STATUTORY AUTHORITY: Department ofEnvironmental Quality October 11, 2012 Chapter I

- Common Provisions; Chapter 6

- Permitting Requirements; Chapter 7-MonitoringRegulations 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 bythe EPA. The rules contain technical descriptions of allowable emissions ofcertain chemical compounds, commonly known as Green House Gases (GHG). Following is a summary ofthe substantive rule revisions by chapter. Ifyou would like a copy ofthe 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 pursuantto the requirements ofthatpermit. Section 7 also provides forthe repeal ofGHG 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 ofWyoming. GHGs permit is generally not required for preconstruction '< 'activities, except as specified 

### in Section 1. Section 3 (Operating Permits) is revised to add the samedefinition ofGHGs as found inChapter 1. Thedefinition 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 definitionportion ofSection 

### 4. Chapter

### 7 (Monitoring-Regulations) This chapter establishes general monitoring regulations. This chapter is amended to include the same definitions found inChapter

### 6, Section

### 3. FINDINGS: Therules appearto bewithinthe scope ofstatutoryauthority andlegislative intent. STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved bythe Council

### as submittedbytheAgency.



### MatthewD. Obrecht

.StaffAttorney

Gerald W.Laska 

### StaffAttorney