BEFORE THE 

ENVIRONMENTAL QUALITY COUNCIL 

STATE OF WYOMING 

IN THE MATTER OF REVISIONS TO SECTIONS 

ONE, THREE, AND SEVEN OF CHAPTER ONE; 

REVISIONS TO SECTIONS ONE, THREE, FOUR 

AND FOURTEEN OF CHAPTER SIX; AND 

REVISIONS TO SECTION THREE OF 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 or removed the following chapters and 

sections to the Wyoming Air Quality Standards and Regulations. The following sections 

have been revised: Chapter I, Common Provisions, Section I, Introduction to common 

provisions, and Section 3, Definitions; Chapter 6, Permitting Requirements, Section I, 

Introduction to permitting requirements, Section 3, Operating permits, Section 4, 

Prevention of significant deterioration, and Section 14, Incorporation by reference; and 

Chapter 7, Monitoring Regulations, 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) of the 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, or control 

pollution. 

Section 3 5-l I -202 (b) of the Act states that in recommending such standards the 

Administrator shall consider all facts and circumstances bearing upon the reasonableness 

of the emissions involved including: 

(A) The character and degree of injury to, or interference with the health and physical 

well being of the people, animals, wildlife and plant life; 

(B) The social and economic value of the source of pollution; 

(C) The priority oflocation in the area involved; 

(D) The technical practicability and economic reasonableness of reducing or 

eliminating the 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 of each section of the 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 of sources of greenhouse gases, 

exempt minor sources from greenhouse gas permitting, and provide several off ramps for 

greenhouse gas permitting. 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 gas permitting. 

Section 3, Operating permits, was revised to add the definition of"Greenhouse gases 

(GHGs)," and modify the definition of"Major source" to include a new applicability 

threshold for greenhouse gases. A definition for ''tpy C02 equivalent emissions (C02e)" 

which excludes biogenic emissions through July 21, 2014, was also added to Section 3. 

Chapter 6, Section 4, Prevention of significant deterioration, was also modified to allow for 

the permitting of greenhouse gases under the PSD program. Definitions for "Greenhouse 

gases (GHGs)," ·'emissions increase," and "tpy C02 equivalent emissions (C02e)'" with 

exclusions for biogenic sources, were added to this section. Applicability thresholds for 
several different types of permitting 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 of greenhouse gas-related regulations that came after July I, 20 I 0. The 

Department of Environmental 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 Section 4, Prevention of significant 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 Chapter 6, Section 3. Chapter 6, Section 3 and 

Chapter 7, Section 3 use the same definitions. 

The Council finds that these regulations are reasonable and necessary to accomplish the policy 

and purpose of the ACT, as stated in W.S. 35-11-102, and that they have been promulgated in 

accordance ~--ith rulemaking provisions of the Wyoming Administrative Procedures Act. 

Dated this -~)__~-.,_ day of (), h, /, r.r 

D «vi)_ /'"?. (j,dJfrt Hearing Examiner - Print N me 

Wyoming Environmental Quality Council 

2 

, 2012. 

Hearing Examiner 

Wyoming Environmental Quality Council 

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