BEFORE THE ENVIRONMENTAL QUALITYCOUNCIL STATE OF WYOMING IN THE MATTER OF REVISIONS TO SECTIONS ONE, THREE, AND SEVEN OF CHAPTERONE; REVISIONS TO SECTIONS ONE, THREE, FOUR AND FOURTEEN OF CHAPTER SIX; AND REVISIONS TO SECTION THREEOF CHAPTER SEVEN OF THE WYOMING AIR QUALITY STANDARDS AND REGULATIONS STATEMENT OF PRINCIPAL REASONS FOR ADOPTION

1. The Environmental Quality Council, pursuant to the authority vested in it by the Wyoming Statutes 35-11-112 (a) (i), has revised orremoved the following chapters and sections to the Wyoming Air Quality Standards and Regulations. The following sections have beenrevised: Chapter I, Common Provisions, Section I, Introductionto common provisions, and Section 3, Definitions; Chapter 6, Permitting Requirements, Section I, Introduction to permittingrequirements, Section 3, Operatingpermits, Section 4, Prevention ofsignificant deterioration, and Section 14, Incorporation by reference; and Chapter7, MonitoringRegulations, Section 3, Compliance assurance monitoring (CAM). The following section has been added: Chapter I, Common Provisions, Section 7, Greenhouse gases. 2. Section 35-11-202 (a) ofthe Environmental Quality Act states that the Administrator, after consultation with the Advisory Board, shall recommend to the Director such ambient air standards and regulations that may be necessary to prevent, abate, orcontrol pollution. Section 35-lI-202 (b) ofthe Act states that in recommending such standards the Administrator shall consider all facts and circumstancesbearing upon the reasonableness ofthe emissions involved including: (A) The character and degree ofinjury to, or interference with the health and physical well being ofthe people, animals, wildlife and plant life; (B) The social and economic value ofthe source ofpollution; (C) The priority oflocation in the area involved; (D) The technical practicability and economic reasonableness ofreducing or eliminatingthe pollution; and (E) The social welfare and aesthetic value. 3. Chapter 1. Common Provisions, Section I, Introduction to common provisions, was updated to describe the contents ofeach section ofthe chapter. Section 3, Definitions, was revised to add the definition of"Greenhouse gases (GHGs)." A new Section 7, Greenhouse gases, was added to require the permitting ofsources ofgreenhouse gases, exemptminor sources from greenhouse gas permitting, and provide several offramps for greenhouse gaspermitting. The revisions to Section 3, Definitions, and Section 7, Greenhouse gases, involve changes to the State Implementation Plan (SIP). 4. Chapter 6, Permitting Requirements, Section 1, Introduction to permitting requirements, was revised to add a statement exempting minor sources from greenhouse gaspermitting. Section 3, Operatingpermits, was revised to add the definition of"Greenhouse gases (GHGs)," andmodify the definition of"Major source"to include a new applicability threshold for greenhouse gases. A definition for ''tpy C02equivalentemissions (C02e)" which excludes biogenic emissions through July 21, 2014, was also added to Section 3. Chapter 6, Section 4, Prevention ofsignificant deterioration, was also modified to allow for the permitting ofgreenhouse gases under the PSD program. Definitions for "Greenhouse gases (GHGs)," ·'emissions increase," and "tpy C02equivalent emissions (C02e)'" with exclusions for biogenic sources, were added to this section. Applicability thresholds forseveral different types ofpermitting scenarios were also added. Changes were made to the PSD definition of

..Major source" to avoid triggering applicability on minor sources. All changes made to Chapter 6 mirror federal requirements, but are no more stringent. A temporary phrase was inserted in Section 14, Incorporation by reference, to allow adoption by reference ofgreenhouse gas-related regulations that came afterJuly I, 20I0. The Department ofEnvironmental Quality has not made plans at this time to assess fees for greenhouse gas emissions, as EPA does not currently collect fees for greenhouse gas emissions. The revisions to Section4, Prevention ofsignificant deterioration, and Section 14, Incorporation by reference, involve changes to the State Implementation Plan (SIP). 5. Chapter 7, Monitoring Regulations, Section 3, Compliance assurance monitoring (CAM), was revised to bring in changes to Chapter6, Section 3. Chapter 6, Section 3 and Chapter 7, Section 3 use the samedefinitions. The Council finds that these regulations are reasonable and necessaryto accomplishthe policy and purpose ofthe ACT, as stated in W.S. 35-11-102, and that they have beenpromulgatedin accordance**~--ith** rulemakingprovisions ofthe Wyoming Administrative Procedures Act. Dated this

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