**Matthew H.**  **Mead, Governor** 



### Ju **ne 24,**  **2016** 

# Department **of Environmental Quality** 

**To protect,**  **conserve and**  **enhance the**  **qua/tty of**  **Wyoming's**

**environment for**  **the benefit**  **of current**  **and future**  **generations.**



### Mr. **Shaun McGrath**  **Regional Administrator**  **USEP A**  **Region 8**  **Mail Code:**  **8P-AR 1595**  **Wynkoop Street Denver,**  **CO 80202�1**  **129 Todd**  **Parfitt, Director** 



### RE: **110 Infrastructure**  **SIP for**  **the 2012**  **Particulate Matter**  **(PM2.s) National**  **Ambient Air**  **Quality Standard**  **(NAAQS)**

**Dear Mr. McGrath:** 

**Section l**  **lO(a)( l)**  **of the**  **Clean Air**  **Act (CAA)**  **requires that**  **each state,**  **after a**  **new or**  **revised National**  **Am bient**  **Air Quality**  **Standard (NAAQS)**  **is promulgated,**  **review their**  **State Implementation**  **Plans (SIPs)**  **to ensure**  **that they**  **meet the**  **requirements of**  **the "inf** 

**r** 

### astructur **e elements"**  **of Section**  **11 O(a)(2).**  **In response**  **to the**  **new PM2.s**  **NAAQS that**  **was promulgated**  **on January**  **15, 2013,**  **the State**  **of Wyoming**  **updated the**  **list of**  **documentation required**  **to demonstrate that the**  **SIP meets**  **the requirements**  **of Sections**  **11 O(a)(l)**  **and (2)**  **of the**  **CAA. The**  **State of**  **Wyoming has**  **made a**  **determination that**  **the PM2** 

**. s**  **Inf**

**r** 

### astructure **SIP contains**  **all the** 

**necessary provisions**  **to address**  **the requirements**  **for the**  **2012 PM2.**  **s NAAQS.**  **The 2012**  **PM 2.s**  **Infrastructure SIP**  **was taken**  **out for**  **public notice**  **beginning May**  **5, 2016.**  **A pub**  **I ic**  **hearing was**  **held in**  **Cheyenne, Wyoming on**  **June 6,**  **2016, and**  **no comments**  **were received.** 

**If you**  **have any**  **questions regarding**  **this submittal**  **or if**  **you need**  **furth er**  **information, please**  **feel free**  **to contract**  **Nancy Vehr,**  **Air Quality**  **Administrator, al**  **307-777-7391.**

**Sincerely,**

**Todd Parfitt**  **Director Department**  **of Environm**  **ental Quality** 

**Enclosure: 110**  **Infrastructure S**  **lP Elements**  **for the**  **2012 PM2.s**  **N AAQS** 

**cc: Nancy**  **Vehr, AQD**  **Administrator Amber**  **Potts, AQD** 

**200 West**  **17th Street**  **· Cheyenne,**  **WY 82002**  **· http://deq.wyoming.gov**  **· Fax**  **(307)635-1784**

**ADMIN/OUTREACH ABANDONED MINES**  **AIR QUALITY**  **INDUSTRIAL SITING**  **LAND QUALITY**  **SOLID &**  **HAZ. WASTE**  **WATER QUALITY**  **(307) 777-7937**  **(307) 777-6145**  **(307) 777-7391**  **(307) 777-7369**  **(307) 777-7756**  **(307) 777-7752**  **(307) 777-7781** The Wyoming Department of Environmental Quality Air Quality Division (WDEQ- AQD) 110 Infrastructure State Implementation Plan Public Hearing

The Wyoming Department of Environmental Quality/Air Quality Division (AQD) will hold an infrastructure State Implementation Plan (SIP) hearing on June 6, 2016 at 1:00 PM , at the Herschler Building, Room 1699, 122 West 25 th Street, Cheyenne, Wyoming . The AQD w ill take comment on the
infrastructure SIP for the 2012 fine particulate matter (PM 2.5 ) National Ambient Air Quality Standards (NAAQS), which will be submitted to the Environmental Protection Agency (EPA) as required under the Clean Air Act (CAA), Section 110. The purpose of the hearing is to gather comment. The Division will not be presenting information. Comments should be clearly marked as “I

- SIP for the 2012 PM 2.5 NAAQS.” All oral comments made during the hearing and signed comments hand

- delivered to Nancy Vehr at the hearing will become a part of the public record. Written comments will also become a part of the public record if they are signed by the commenter and submitted to Nancy Vehr, Administrator, DEQ/AQD, 200 W. 17 th St., Cheyenne, Wyoming, 82002, or faxed to 307 -635-1784 , by the close of the hearing on June 6, 2016 . Comments also may be submitted electronically through DEQ’s public comment portal, located at http ://aq.wyomingdeq.commentinput.com/. This is the only means through which DEQ/AQD will accept electronically submitted comments for the public record; emailed comments will not be included in the public record. Copies of the public notice and the proposed infrastructure SIP for
the 2012 PM 2.5 NAAQS are available for public inspection at the Department of Environmental Quality, Air Quality Division, 200 W. 17 th St., Third Floor, Cheyenne, Wyoming. Electronic copies will be
available at http://deq.wyoming.gov/aqd/rule -development/resources/proposed-rules-and-regulations/ . If you have any questions regarding the infrastructure SIP, or to request a hard copy, please contact Amber
Potts at 307 -777-2489.

For additional information, please contact Nancy Vehr, Administrator, Air Quality Division, at 307 -777- 7391.

In accordance with the Americans with Disabilities Act, special assistance or alternative formats will be made available upon request for individuals with disabilities.

# 2012 PM 2.5 

# I- SIP Public Hearing June 6 , 2016

-- Public Notice

Newspaper Date of Publication

Casper Star T ribune May 5 , 2016110 Infrastructure State Imp Plan

1.800.444.2826 Wyoming Reporting Service, Inc. 

### 1

1 THE WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

2 AIR QUALITY DIVISION (WDEQ-AQD)

3 --------------------------------------------------------
110 INFRASTRUCTURE STATE IMPLEMENTATION PLAN

4 --------------------------------------------------------

5

TRANSCRIPT OF PUBLIC HEARING PROCEEDINGS
6

7 PURSUANT TO NOTICE duly given to all parties in

8 interest, this Public Hearing commenced on the 6th day

9 of June, 2016, at the hour of 1:00 p.m., at the

10 Herschler Building, 122 West 25th Street, Room 1699,

11 Cheyenne, Wyoming.

12 Wyoming Air Quality Division members present:

13 Nancy Vehr, Administrator; Mike Morris, Amber Potts, and

14 Robert Leteff, State Implementation Planning and Rule

15 Development.

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25110 Infrastructure State Imp Plan

1.800.444.2826 Wyoming Reporting Service, Inc. 

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1 P R O C E E D I N G S

2 (Hearing proceedings commenced

3 1:00 p.m., June 6, 2016.)

4 MS. VEHR: Good afternoon. I welcome everyone

5 to the June 6th, 2016, public hearing on Wyoming's

6 PM 2.5 Infrastructure State Implementation Plan public

7 hearing. Thank you all for participating. I would like

8 the record to reflect that here today are four members

9 of the Wyoming Air Quality Division: Mike Morris, Rob

10 Leteff, Amber Potts, and myself, Nancy Vehr,

11 Administrator.

12 We have not had anyone from the public come in

13 to participate in this hearing. But, that said, we're

14 making our record for our submission of our State

15 Implementation Plan.

16 With those few opening remarks and welcome,

17 I'll turn it now over to Mike Morris for the rest of the

18 hearing.

19 Thank you.

20 MR. MORRIS: Okay. Thank you, Nancy.

21 So we are here to receive comments, as Nancy

22 mentioned, on our advertised proposal of revisions to

23 the Wyoming 110 Infrastructure State Implementation Plan

24 for the 2012 particulate matter National Ambient Air

25 Quality Standards. We will not engage in open110 Infrastructure State Imp Plan

1.800.444.2826 Wyoming Reporting Service, Inc. 

### 3

1 discussion or rebuttal of the issues raised by any

2 participant, but all comments will be responded to as

3 part of the public record.

4 These revisions to the PM 2.5 infrastructure

5 elements are required under sections 110(a)(1) and

6 110(a)(2) of the Clean Air Act. Published as a final

7 rule in the federal register on January 15th, 2013, the

8 EPA strengthened the primary annual NAAQS for PM 2.5 --

9 National Ambient Air Quality Standards, I should say --

10 to 12.0 micrograms per cubic meter. Pursuant to

11 sections 110(a)(1) and 110(a)(2) of the Clean Air Act,

12 each state is required to submit a plan to provide for

13 the implementation, maintenance and enforcement of a

14 newly promulgated or revised NAAQS within three years of

15 promulgation.

16 So we are bringing you these proposed revisions

17 today per the requirements cited above. This hearing is

18 the only public hearing that will be held to address

19 proposed revisions to the 2012 PM 2.5 infrastructure

20 elements.

21 Public notice for the public hearing being held

22 today was provided through paid advertisement in the

23 Casper Star Tribune newspaper on May 5th, 2016, which

24 was published at least 30 days prior to the date of the

25 public hearing. Notice was also provided through110 Infrastructure State Imp Plan

1.800.444.2826 Wyoming Reporting Service, Inc. 

### 4

1 general mailing and an electronic mailing list to

2 approximately 880 recipients, as well as a continuous

3 posting on the Air Quality Division web site.

4 The proposed 2012 PM 2.5 110 Infrastructure SIP

5 was also made available for public inspection at the

6 Department of Environmental Quality headquarters,

7 located at 200 West 17th Street, Cheyenne, Wyoming, as

8 well as through the Air Quality Division web site.

9 Hard-copy formats of the SIP were also made available by

10 contacting Amber Potts at 307-777-2489.

11 So the scope of this hearing, again, is limited

12 to the gathering of comments only. The Division will

13 not be presenting information pertaining to the

14 Infrastructure SIP. Comments today should be directed

15 towards considerations that are within the legal

16 jurisdiction of the Department of Environmental Quality,

17 and the record of this matter will close at the

18 conclusion of this hearing.

19 We appreciate the interest expressed in the Air

20 Quality 110 Infrastructure State Implementation Process

21 and would like to assure you that the comments received

22 by the Air Quality Division prior to and during this

23 hearing will be carefully reviewed before a final

24 decision is rendered. All written comments today,

25 should any come in, must be signed by the commenter.110 Infrastructure State Imp Plan

1.800.444.2826 Wyoming Reporting Service, Inc. 

### 5

1 And the transcript of the recording of this hearing will

2 be placed in the Division's file in the Cheyenne office,

3 which, again, is located at 200 West 17th Street. So

4 anyone wishing to obtain a copy of this record may

5 contact the Division's Cheyenne office.

6 Now, we would request attendees to sign in as

7 they enter -- if there were attendees other than the

8 four that Nancy had mentioned -- and to indicate if they

9 wish to make a comment. And we now, looking at the

10 sign-in sheets, have no further members of the public

11 who have signed in.

12 And so with no other attendees here to speak, I

13 declare this hearing -- oh, Nancy, yeah.

14 MS. VEHR: I was going to say, we will keep the

15 hearing open for about the next five minutes, in case

16 there's a late attendee, and then we'll come back.

17 MR. MORRIS: Okay. Yes.

18 MS. VEHR: So we'll recess the hearing for

19 about five minutes.

20 MR. MORRIS: Sure. We'll recess the hearing

21 for about five minutes.

22 (Recess from 1:06 p.m. to 1:15 p.m.)

23 MR. MORRIS: We will resume from our call to

24 recess at this point. I believe it's 1:15.

25 At this time I would like to clarify for the110 Infrastructure State Imp Plan

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### 6

1 record that several acronyms were used. And just for

2 clarification's sake, SIP refers to State Implementation

3 Plan and NAAQS refers to National Ambient Air Quality

4 Standards in the prior transcript.

5 At this time, with no further members of the

6 public having signed in, according to the sign-in sheet,

7 there are no other attendees that wish to speak. So,

8 with no other attendees wishing to speak, I declare that

9 this hearing may close at this time. And thank you for

10 coming and for your interest in the 2012 PM 2.5

11 Infrastructure State Implementation Plan.

12 (Hearing proceedings concluded at

13 1:17 p.m., June 6, 2016.)

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25110 Infrastructure State Imp Plan

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1 REPORTER'S CERTIFICATE

2

3 I, Lisa D. Anthony, a Registered Professional

4 Reporter and Certified Realtime Reporter, do hereby

5 certify that I stenographically recorded the foregoing

6 proceedings contained herein, constituting a full, true

7 and correct transcript.

8 Dated this 6th day of June, 2016.

9

______________________________ 10 Lisa D. Anthony, RPR, CRR

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### STATE OF WYOMING 110 Infrastructure SIP Elements for the
2012 Fine Particulate Matter National Ambient Air Quality Standard

(Reviewed December 2015)

Emission limits and other control measures: Section 110(a)(2)(A) requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance and other related matters.

110(a)(2)(A) Non

- regulatory Documents:

1. Control Strategy Document

a. Origi nal State non

- regulatory SIP document submitted to EPA on 1/28/72 b. Approved by EPA 5/31/72; 37 FR 10842
2. Source Surveillance Document

a. Original State non

- regulatory SIP document submitted to EPA on 1/28/72 b. Approved by EPA 5/31/72; 37 FR 10842
3. Compliance Schedule Document

a. Original State non

- regulatory SIP document submitted to EPA on 1/28/72 b. Approved by EPA 5/31/72; 37 FR 10842

110(a)(2)(A) Regulatory Documents, Wyoming Air Quality Standards and Regulations (WAQSR):

1. Chapter 1, Section 3 , Definitions

a. Most recent State regulatory SIP document submitted to EPA 3/8/13 b. EPA final Federal Register 11/22/13; 78 FR 69998

c. Preceding WAQSR, Section 2, Definitions i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
2. Chapter 1, Section 4, Diluting and concealing emissions

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 18, Diluting and concealing emissions i. Original State reg ulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
3. Chapter 1, Section 5, Abnormal conditions and equipment malfunction

a. Most recent State regulatory SIP document submitted to EPA 9/11/2008 b. EPA f inal Federal Register 4/16/2010; 75 FR 19886

c. Prece ding WAQSR, Section 19, Abnormal conditions and equipment malfunction i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
4. Chapter 3, Section 2, Emission standards for particulate matter

a. Most recent State regulatory SIP documen t submitted to EPA 2/10/2014 b. EPA f inal Federal Register 10/21/2014 ; 79 FR 92859

c. Preceding WAQSR, Section 14, Control of particulate emissions i. Original State regulations submitted 1/28/72WDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 2 | P a g e

ii. Approved by EPA 5/31/72; 37 FR 10842
5. Chapter 3, Section 3, Emission s tandards for nitrogen oxides

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 10, Nitrogen oxides i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
6. Chapter 3, Section 4, Emission standards for sulfur oxides

a. Most recent State regulatory SIP document submitted to EPA 2/13/ 20 13 b. EPA final Federal Register 2/20/15; 80 FR 9194

c. Preceding WAQSR, Section 4, Sulfur oxides i. Original State reg ulations submitted 7/22/74, resubmitted 8/7/74 ii. EPA approved via FR date of 6/10/75
7. Chapter 3, Section 5, Emission standards for carbon monoxide

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 12, Carbon monoxide i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
8. Chapter 3, Section 6, Emission standards for volatile organic compounds

a. Most recent State regulatory SIP document (updated through Section 9, Incorporation by reference) submitted to EPA 5/28/2015 b. EPA approval pending

c. Preceding WAQSR, Section 9, Hydrocarbons i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
9. Chapter 4, Section 2, Existing sulfuric acid production units

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 5, Sulfuric acid mist i. Original State regulations submitted 1/28/72 ii. Approved by EP A 5/31/72; 37 FR 10842
10. Chapter 4, Section 3, Existing nitric acid manufacturing plants

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 10, Nitrogen oxides i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
11. Chapter 8, Section 2, Sweetwater County particulate matter regulations

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/20 04; 69 FR 44965

c. Preceding WAQSR, Section 25, Sweetwater County non

- attainment area particulate matter regulations i. Original State regulations submitted 1/25/79 ii. Approved by EPA 7/2/79; 44 FR 38473
12. Chapter 8, Section 3, Conformity of general federal actions t o state implementation plansWDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 3 | P a g e

a. Most recent State regulatory SIP document submitted to EPA 12/21/ 20 12 b. EPA f inal Federal Register 8/15/13; 78 FR 49685
13. Chapter 10, Section 2, Open burning restrictions

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 13, Open burning restrictions i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
14. Chapter 10, Section 3, Wood waste burners

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 15, Wood waste burners i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
15. Chapter 13, Section 2, M otor vehicle pollution control

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 17, Motor vehicle pollution control i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842

110(a)(2)(A) Comment:

Wyoming does not have any areas designated as nonattainment for the 2012 Annual Fine Particulate Matter (PM 2.5 

### ) National Ambient Air Quality Standard (NAAQS), and therefore, is not required to establish enforceable limitations or other emission reduction measures to attain the 2012 Annual PM 2.5 

### NAAQS. Wyoming submitted a designation letter, signed by Governor Matthew H. Mead, to the EPA on 12/13/2013 demonstrating that all counties and localit ies within the state are in attainment with the 2012 PM 2.5 

### NAAQS. Consequently, the EPA designated the entire state as “unclassifiable/attainment” in its initial designation for the 2012 annual PM 2.5 

### standard on January 15, 2015 (80 FR 2206).

Wyomi ng also regulates emissions of PM 2.5 

### through the State ’s PSD and minor NSR programs.

The contents of WAQSR Chapter 3, Section 4, which established limits on the quantity, rate or concentration of SO 2 

### emissions, were removed through the statutory rulemaking p rocess on December 19, 2012. These regulations had been superseded by more stringent regulations, primarily New Source Performance Standards (NSPS), and therefore were revoked. This revision does not interfere with the attainment of the NAAQS or any othe r applicable requirement of the CAA. All SO 2 

### emitting sources in the state are being regulated under a program that is consistent with federal standards, but no more stringent than federal standards. The State of Wyoming submitted a SIP revision for thes e updates to the EPA on February 13, 2013. The EPA issued a final rule on February 20, 2015 approving the SIP revisions concerning WAQSR Chapter 3, Section 4.

Wyoming’s infrastructure SIP meets the requirements of the CAA section 110(a)(2)(A ) for the 2 012 Annual PM 2.5 

### NAAQS.WDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 4 | P a g e Ambient air quality monitoring/data system: Section 110(a)(2)(B) requires SIPs to include provisions to provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to : (i) monitor, compile, and analyze data on ambient air quality and (ii) upon request, make such data available to the EPA

110(a)(2)(B) Non

- regulatory Documents:

1. Air Quality Surveillance Document

a. Original State non

- regulatory SIP document submitted to EPA on 1/28/72 b. Approved by EPA 5/31/72; 37 FR 10842
2. Air Quality Surveillance Network Document

a. State non

- regulatory SIP document submitted to EPA on 8/26/81 b. Approved by EPA 2/9/82; 47 FR 5892
3. Implementation Plan for Lead

a. Original State non

- regulatory SIP document submitte d to EPA on 8/29/84 b. Approved by EPA 10/11/84; 49 FR 39843
4. Wyoming Ambient Air Monitoring Annual Network Plan

a. Most recent Wyoming Ambient Air Moni toring Annual Network Plan (2015) submitted to EPA on 7/1 / 15 b. Approved by EPA by letter received on 9/24/15
5. EPA Performance Partnership Agreement

a. Most recent PPA submitted to the EPA on 11/5/15; signed by the EPA on 12/16/15.

110(a)(2)(B) Regulatory Documents, Wyoming Air Quality Standards and Regulations (WAQSR):

1. Chapter 2, Section 2, Ambient standards for particulate matter

a. Most recent State regulatory SIP d ocument submitted to EPA 11/6/2015 b. EPA approval pending

c. Preceding WAQSR, Section 3, Particulates i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
2. Chapter 2, Section 3, Am bient standards for nitrogen oxides

a. Most r ecent regulatory SIP document submitted to EPA 1/31/2013 b. EPA Final Federal Register 9/15/14; 79 FR 54910

c. Preceding WAQSR, Section 10, Nitrogen oxides i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/3 1/72; 37 FR 10842
3. Chapter 2, Section 4, Ambient standards for sulfur oxides

a. Most recent State regulatory SIP document submitted to EPA 2/17/2014 b. EPA Final Federal Reg ister 7/31/2015 ; 69 FR 44965

c. Preceding WAQSR, Section 4, Sulfur oxides i. Original State regulations submitted 1/28/72WDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 5 | P a g e

ii. Approved by EPA 5/31/72; 37 FR 10842
4. Chapter 2, Section 5, Ambient standards for carbon monoxide

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 12, Carbon monoxide i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
5. Chapter 2, Section 6, Ambient standards for ozone

a. Most r ecent regulatory SIP document submitted to EPA 1/31/2013 b. EPA final Federal Register 9/15/14; 79 FR 54910

c. Preceding WAQSR, Section 8, Photochemical oxidants i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
6. Chapter 2, Section 8, Ambient standards for suspended sulfates

a. Most recent State regulatory SIP docum ent submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 6, Sulfation i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
7. Chapter 2, Section 10, Ambient standards for lead

a. Most recent State regulatory SIP document submitted to EPA 8/19/2011 b. EPA final Federal Register 8/26/14; 79 FR 50840

c. Preceding WAQSR, Section 26, Ambient air quality standard for lead i. Original State regulations submitted 8/29/84 ii. Approved by EPA 10/11/84; 49 FR 39843

110(a)(2)(B) Comment:

W yoming’s air monitoring and data systems programs meet the requirements of the CAA section
11 0(a)(2)(B) for the 2012 Annual PM 2.5 

### NAAQS.

The PPA submitted by the State of Wyoming to the EPA on November 5, 2015, and signed by the EPA on December 16, 2015, contains the requirement that the State will submit air quality monitoring data to AQS within 90 days after the end of each quarter ( Attachment A )

.
The provisions contained in Chapter 6, Section 2(b)(i) (“The applicant sha ll conduct such continuous Ambient Air Quality monitoring analyses as may be determined by the Administrator to be necessary...”) provide the legal authority and framework for the AQD Administrator to require that permit applicants provide adequate monitorin g data. Additionally, Chapter 6, Section 2(f)(iv) also enables the AQD Administrator to impose reasonable conditions upon an approval to construct, modify, or operate, including: “Ambient Air Quality monitoring, which, in the judgement of the Administrato r, is necessary to determine the effect which emissions from a source may have...”

Note: Rulemaking integrating the 2015 Ozone NAAQS into the WAQSR will be undertaken by the AQD in 2016.WDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 6 | P a g e Program for enforcement of control measures: Section 110(a)( 2)(C) requires States to include a program providing for the enforcement of all SIP measures

, and the regulation of construction of new or modified stationary sources

, in order to meet prevention of significant deterioration (PSD) and nonattainment NSR req uirements.

110(a)(2)(C) Non

- regulatory Documents:

1. Legal Authority Document

a. Original State non

- regulatory SIP document submitted to EPA on 1/28/72 b. Approved by EPA 5/31/72; 37 FR 10842
2. Source Surveillance Document

a. Original State non

- regulatory SIP document submitted to EPA on 1/28/72 b. Approved by EPA 5/31/72; 37 FR 10842
3. Review of New Sources and Modifications Document

a. Original State non

- regulatory SIP document submitted to EPA on 1/28/72 b. Approved by EPA 5/31/72; 37 FR 10842

110(a)(2)(C) Regulatory Documents, Wyoming Air Quality Standards and Regulations (WAQSR):

1. Chapter 6, Section 2, Permit requirements for construction, modification, and operation

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/ 2004; 69 FR 44965

c. Preceding WAQSR, Section 21, Permit requirements for construction, modification and operation i. Original State regulations submitted 7/22/74, resubmitted 8/7/74 ii. EPA approved via FR date of 6/10/75
2. Chapter 6, Section 4, Prevention of significant deterioration

a. Most recent State regulatory SIP document submitted to EPA 5/24/12 and 3/8/13 b. EPA final Federal Register 12/6/13; 78 FR 73445

c. EPA final Federal Register 11/22/13; 78 FR 69998 d. Preceding WAQSR, Section 24, Prevention of significant deterioration i. Original State regulations submitted 1/25/79 ii. EPA approved 7/2/79; 44 FR 38473
3. Chapter 6, Section 13, Nonattainment permit requirements

a. Most recent State regulatory SIP document submitted to EPA 11/6/2015 b. EPA approval pending

c. Preceding State regulatory SIP document submitted to EPA 5/10/11 (see comment below) d. EPA disapproval final Federal Register 2/20/2015; 80 FR 9194 (see comment below)

110(a)(2)(C) Comment:

As the EPA interprets the Act to exclude nonattainment area requirements from infrastructure SIP submissions

– and Wyoming does not have any areas designated as nonattainment for the annual PM 2.5WDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 7 | P a g e NAAQS, nor does the State expect to be designated as nonattainment in a future action

– the State is not required to develop a nonattainme nt SIP

, therefore meeting the nonattainment related provisions required by 110(a)(2)(C) as they relate to part D of the Act.

The State of Wyoming has a SIP

- approved PSD program t h at meet s the requirements of 110(a)(2)(C). Emission limits and control me asures that satisfy the requirements of 110(a)(2)(C) are identified under section 110(a)(2)(A) “ Emission limits and other control measures

, ” included in this document on pages 1

- 3

.
The State of Wyoming submitted a nonattainment new source review SIP revis ion to the EPA on November 6, 2015. This SIP revision follows a prior nonattainment NSR SIP that the State submitted on May 11, 2011, which the EPA disapproved on February 20, 2015 based on what the EPA identified as enforceability issues with Wyoming’s incorporation by reference of 40 CFR 51.165. Wyoming’s most recent SIP revision ensures that the provisions of 40 CFR 51.165 are integrated into a statutory format that explicitly imposes requirements on sources in the State of Wyoming. The EPA submitted a comment on the rulemaking after conducting a preliminary review on August 31, 2015, and noted that it found “no approvability issues” with Chapter 6, Section 13. The SIP revisions are now pending EPA approval.

Wyoming’s program for enforcement of control measures meet s the requirements of the CAA section
11 0(a)(2)(C) for the 2012 Annual PM 2.5 

### NAAQS.

Interstate and international transport provisions: Section 110(a)(2)(D)(i) requires SIPs to include provisions prohibiting any source or other t ype of emissions activity in one State from contributing significantly to nonattainment, or interfering with maintenance, of the NAAQS in another State, or from interfering with measures required to prevent significant deterioration of air quality or to pr otect visibility in another State.

Section 110(a)(2)(D)(ii) requires SIPs to include adequate provisions insuring compliance with applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement)

.

110(a)(2)(

D) Non

- regulatory Documents:

1. Original Wyoming Interstate Transport SIP [Non

- Regulatory] (per Section 110(a)(2)(D)(i) of the CAA) submitted to EPA on 5/3/07, and consisting of:

a. Memorandum dated 5/3/07 from David A. Finley, AQD Administrator, to John V. Corra, DEQ Director b. Letter dated 5/3/07 from John V. Corra, DEQ Director, to Robbie Roberts, EPA Region 8 Regional Administrator

c. Certification Page For State Implementation Plans For The Air Quality Division Of The Department Of Environmental Quality; SIP adopted by DEQ on 3/15/07; DEQ adoption of SIP a pproved by Governor Dave Freudenthal on 4/15/07 d. Memorandum dated 4/9/07 from John V. Corra, DEQ Director, to Governor FreudenthalWDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 8 | P a g e

e. Letter dated 4/24/07 from Nancy Vehr of the Office of the Attorney General to Dave Finley, AQD Administrator f. Public Notice of Air Quality Advisory Board Meeting of December 11, 2006

g. Dates of publication of Public Notice in five Wyoming newspapers h. Sign

- in sheet for attendees of 12/11/06 Air Quality Advisory Board Meeting i. Air Quality Advisory Board Meeting Agenda j. Negative Declaration Demonstration k. Approved by EPA 5/8/2008; 73 FR 26019
2. Revised 309 Regional Haze SIP; SO 2 

### Backstop Trading Program

a. Submitted to EPA on 1/12/11 b. EPA f inal Federal Register 12/12/12; 77 FR 73926

110(a)(2)(D) Regulatory Documents, Wyoming Air Quality Standards and Regulations (WAQSR):

1. Chapter 6, Section 2, Permit requirements for construction, modification, and operation

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965
2. Chapter 6, Section 4, Prevention of significant deterioration

a. Most recent State regulatory SIP document submitted to EPA 5/24/12 and 3/8/13 b. EPA final Federal Register 12/6/13; 78 FR 73445

c. EPA final Federal Register 11/22/13; 78 FR 69998 d. Preceding WAQSR, Section 24, Prevention of significant deterioration i. Original State regulations submitted 1/25/79 ii. EPA approved 7/2/79; 44 FR 38473
3. Chapter 6, Section 13, Nonattainment permit requirements

a. Most recent State regulatory SIP docume nt submitted to EPA 11/6/2015 b. EPA approval pending

c. Preceding State regulatory SIP document submitted to EPA 5/10/11 d. EPA disapproval final Federal Register 2/20/2015; 80 FR 9194
4. Chapter 9, Section 2, Visibility

a. Revised WAQSR format EPA approved 7/28/2004, 69 FR 44965 b. Preceding WAQSR, Section 28

, Visibility i. Submitted as part of the SIP for Class I Visibility Protection ii. Approved by EPA on 2/15/1989, 54 FR 6912
5. Wyoming Environmental Quality Act , Section 35

- 11

- 207, Notifi cation to the e nvironmental

pr otection agency and contiguous s tates

110(a)(2)(D) Comment:

On August 10, 2015, the EPA approved portions of the State of Wyoming’s SIP submission regarding interstate transport of pollution for the 2006 24

- hour PM 2.5 

### NAAQS, noting that emissions from Wyoming do not significantly contribute to nonattainment or interfere with maintenance of the 2006
24

- hour PM 2.5 

### NAAQS in any other state. The EPA further acknowledged that the transport of PM 2.5 

### is primarily a localized issue and that there are a variety of geogra phic and meteorological conditions in Wyoming that minimize the capacity for PM 2.5 

### transport to affect surrounding states. As such, the EPA acknowledged that the existing SIP adequately satisfies the requirements of CAA 110(a)(2)(D)(i)(I).WDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 9 | P a g e Given the loca lized nature of PM 2.5 

### pollutant transport, the fact that Wyoming has no nonattainment areas for the 2006 or 2012 Annual PM 2.5 

### NAAQS, and the predominantly upwind location of Class I areas in surrounding states, the State of Wyoming believes that its regula tory infrastructure also adequately satisfies the requirements of CAA 110(a)(2)(D)(i)(II). (Attachment B )

No source or sources within the S tate are the subject of an active finding under section 126 of the CAA, and there are no final findings under section 115 of the CAA against Wyoming with respect to the 2012 Annual PM 2.5 

### NAAQS. T herefore

, Wyoming’s infrastructure SIP meets the requirement s of CAA section 110(a) (2)(D)(ii) for the 2012 Annual PM 2.5 

### NAAQS.

Adequate personnel , funding and authority: Section 110(a)(2)(E) requires States to provide for adequate personnel, funding, and legal authority under State law, and CAA section 128 requirements to carry out its SIP.

110(a)(2)(E) Non

- regulatory Documents:

1. Resources Document

a. Original State non

- regulatory SIP document submitted to EPA on 1/28/72 b. Approved by EPA 5/31/72; 37 FR 10842
2. Legal Authority Document

a. Original State non

- regulato ry SIP document submitted to EPA on 1/28/72 b. Approved by EPA 5/31/72; 37 FR 10842
3. Executive Order (EO) 1981

- 12

a. Enacted and signed by Governor Herschler in 1981 b. The EO represents the obligation of the agency to guard against ex parte contacts and biased deci sion making.

c. Officers appointed by the Governor will comply with requirements set forth in Sections 1, 2 and 3 (Attachment C )
4. Executive Order (EO) 1997

- 4

a. Enacted and signed by Governor Geringer in 1997 b. The EO represents the code of ethics all public officials, elected officials, appointees, and employees of the Executive Branch of the State of Wyoming must adhere to. (Attachment C

)
5. State of Wyoming Personnel Rules

a. Chapter 1: General Provisions; Section 15, Conflicts of Interest (Attachment C )

110(a)(2)(E) Regulatory Documents, Wyoming Air Quality Standards and Regulations (WAQSR):

1. Chapter 1, Section 2, Authority

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Regi ster 7/28/2004; 69 FR 44965
2. Chapter 6, Section 2(g), Permit requirements for construction, modification, and operation

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965WDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 10 | P a g e 3. Wyoming Ethics and Disclosure Act

a. Section 9

- 13

- 106, Official decisions and votes b. Section 9

- 13

- 109, Penalties
4. Wyoming City, County, State and Local Powers

– Administrative Procedure

a. Section 16

- 3

- 112(a), Contested cases; presiding officers; qualifications; powers; outside personnel, hearing officers
5. Wyoming Environmental Quality Act

a. Section 35

- 11

- 102, Policy and purpose b. Section 35

- 11

- 109, Powers and duties of director

c. Section 35

- 11

- 901, Violations of provisions; penal ties

110(a)(2)(E) Comment:

The State of Wyoming also re ceives sections 103 and 105 grant funds through its Performance Partnership Agreement (PPA) grants

, along with required state matching funds

, to provide funding necessary to carry out Wyoming’s SIP requirements. The State has the authority, funding and ad equate personnel to fulfill the requirements necessary to meet section 110(a)(2)(E)(i) for the 2012 Annual
PM 2.5 

### NAAQS.

Wyoming statute provides that “[a] public official, public member or public employee shall not make an official decision or vote on an official decision if the public official, public member or public employee has a personal or private interest in the matter.” Wyo. Stat. Ann. § 9

- 13

- 106(a). This statute applies to both the Environmental Quality Council and the Administrator. Id. § 9

- 13

- 102(a)(xii), (xiii). Under the statute, a “personal or private interest” includes income. See id. § 106(a)(i), (ii). A violation of this statute is both a misdemeanor and grounds for removal from office. Id. § 109. As a result, this statute prohibits Envi ronmental Quality Council members and the Administrator from participating in a matter related to a “significant portion of their income[.]”42 U.S.C. § 7428(a)(1).

Wyoming statute also requires that contested cases

— including permitting decisions and enforcement orders

— “be conducted in an impartial manner.” Wyo. Stat. Ann. § 16

- 3

- 112(a). Similarly, Executive Order No. 1981

- 12 requires agency officials, including members of the Council and the Administrator, to disqualify themselves from matters in whic h they might be biased. Id. § 3; see also Exec. Order
1997

- 4, at (A)(ii) (prohibiting “official action in a matter in which the public employee has a close personal or financial relationship to a party”). Here, again, the statute and orders prohibit the Co uncil and the Administrator from participating in matters related to a significant portion of their income.

Under each of the aforementioned authorities, the members of the Environmental Quality Council and the Administrator are prohibited from participa ting in matters in which they have a conflict of interest. Such prohibitions on participation are more stringent than Section 128(a)(2), which only requires disclosure of conflicts of interest.

Element (E)(ii), Section 128 requirements were previously di sapproved by the EPA on December 6, 2013 in its action on Wyoming’s 1997 and 2006 PM 2.5 

### SIPs. Consequently, the State of Wyoming developed regulatory language addressing the conflict of interest and board composition requirements of CAA section 128. This language has been proposed in statutory rulemaking as a revision of the Wyoming Department of Environmental Quality Rules of Practice and Procedure, Chapter 1. MoreWDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 11 | P a g e specifically, the regulatory language appears in the addition of a new section: Chapter 1 , General Provisions, Section 16, Air Quality Division, State Implementation Plan. The Wyoming Environmental Quality Council is holding a public hearing on this rulemaking on the March 2, 2016. If the rulemaking is approved by the Environmental Quality Co uncil, it will undergo procedural review by several entities (Governor, Legislative Service Office, Attorney General, etc.) before becoming a state

effective rule

– at which point it will be then be submitted as a SIP revision to the EPA.

EPA noted in co rrespondence with the State of Wyoming in July 2015 that it ultimately intends to act on Wyoming’s Section 128 (Element E) SIP in conjunction with existing infrastructure SIP submissions that were backlogged due to approvability issues. The State of Wyomi ng anticipates that this SIP submittal will satisfy the EPA’s approvability conditions for the Section 128 SIP.

Wyoming statute s and Executive Orders therefore provide the mechanisms to satisfy CAA section 128 and meet the requirements of CAA section 11 0(a)(2)(E)(ii) for the 2012 Annual PM 2.5 

### NAAQS.

The State does not rely upon any other local or regional government agency or instrumentality for implementation of the SIP

, and therefore meets the requirements of CAA section 110(a)(2)(E)(iii) for the 20 12 Annual PM 2.5 

### NAAQS.

Stationary source monitoring system: Section 110(a)(2)(F) requires States to establish a system to monitor emissions from stationary sources and to submit periodic emissions reports.

110(a)(2)(F) Regulatory Documents, Wyoming Air Quality Standards and Regulations (WAQSR):

1. Chapter 6, Section 2, Permit requirements for construction, modification, and operation

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965
2. Chapter 7, Section 2, Continuous monitoring requirements for existing sources

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 23, Continuous monitoring r equirements for existing

sources i. Original State regulations submitted 1/25/79 ii. EPA approved 7/2/79; 44 FR 38473

110(a)(2)(F) Comment:

Wyoming’s program for stationary source monitoring, recordkeeping and reporting meets the requirements of the CAA section 110(a)(2)(F) for the 2012 Annual PM 2.5 

### NAAQS.WDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 12 | P a g e Emergency power: Section 110(a)(2)(G) requires States to provide for authority to address activities causing imminent and substantial endangerment to public health, including contingency plans to implement the emergency episode provisions in their SIPs.

110(a)(2)(G) Non

- regulatory Documents:

1. Emergency Episode Plan Document

a. Origina l State non

- regulatory SIP document submitted to EPA on 1/28/72 b. Approved by EPA 5/31/72; 37 FR 10842
2. Emergency Episode Contingency Plan Document

a. Original State non

- regulatory SIP document submitted to EPA on 8/26/81 b. Approved by EPA 2/9/82; 47 FR 5892

110(a)(2)(G) Regulatory Documents, Wyoming Air Quality Standards and Regulations (WAQSR):

1. Chapter 12, Section 2, Air pollution emergency episodes

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Chapter 12, Section 2 , Air pollution emergency episodes i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842
2. Wyoming Environmental Quality Act , Section 35

- 11

- 115, Power of the director to issue

emerge ncy orders
3. Wyoming Environmental Quality Act , Section 35

- 11

- 1102, Hearing unnecessary prior to issuance of emergency order
4. Wyoming Environmental Quality Act , Section 35

- 11

- 901, Violations of provisions; penalties

110(a)(2)(G) Comment:

The State of Wyoming is not required to have a specific contingency plan for fine particulate matter, and therefore this infrastructure SIP meets the requirements of the CAA section 110(a)(2)(G) for the 2012 Annual PM 2.5 

### NAAQS. As noted on page 48 of the 9/13/13 Memor andum from Stephen D. Page, these requirements do not apply to Priority III areas: “If an area is classified as a Priority I, IA, or II region for a specified pollutant, then the infrastructure SIP should contain an emergency contingency plan meeting the s pecific requirements of 40 CFR 51.151 and 51.152, as appropriate, with respect to that pollutant.”

WAQSR Chapter 12, Emergency Controls, establishes a basis for the Division to issue air pollution alerts, warnings, or emergencies in order to prevent the occurrence of an air pollution emergency stemming from the effects of air pollutants on the health of persons. While guidance for the issuance of alerts, warnings, or emergencies is established specifically for PM 10 

### and SO 2 

### , the chapter does not limit its purview to these two pollutants

– and could encompass other pollutants such as PM 2.5 

### . This broader application is established in Chapter 12, Section 2(a): “Conditions justifying the proclamation of an air pollution alert, air pollution, or air pollution emergency shall be deemed to exist whenever the Division determines that the accumulation of air pollutants in any place is attaining or has attainedWDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 13 | P a g e levels which could, if such levels are sustained or exceeded, lead to a substantial threat to the health o f persons.”

Section 35

- 11

- 115 of the Wyoming Environmental Quality Act provides the Director, with concurrence of the governor, with the power to issue emergency orders to reduce or discontinue immediately the actions causing the condition of pollution. Furthermore, 35

- 11

- 115 continues to denote that “if the Director has evidence that any pollution source presents an immediate and substantial danger to human or animal health or safety, he may institute, through the attorney general, a civil action for imm ediate injunctive relief to halt any activity causing the danger.” Section 35

- 11

- 1102 clarifies that a hearing is unnecessary prior to the issuance of an emergency order. These terms satisfy the CAA Section 303 requirements pertaining to pollution sources causing or contributing to emissions that present an “imminent and substantial endangerment to public health or welfare, or the environment.”

Additionally, Section 35

- 11

- 901(a) of the Wyoming Environmental Quality Act authorizes the Department of Envir onmental Quality to seek a penalty or injunction from a court of competent jurisdiction for “Any person who violates, or any director, officer or agent of a corporate permittee who willfully and knowingly authorizes, orders or carries out the violation of any provision of this act, or any rule, regulation, standard or permit adopted hereunder or who violates any determination or order of the council pursuant to this act or any rule, regulation, standard permit, license or variance...”

Therefore, the Wyomi ng Environmental Quality Act establishes legal conditions upon which the Director may issue emergency orders to reduce or discontinue actions causing pollution, and also authorizes the Department to obtain penalties and injunctive relief from a court of co mpetent jurisdiction when any person or entity who contributes to such an emergency through a violation of rules or regulations. These regulatory documents provide framework for meeting the imminent and substantial endangerment to public health requiremen ts of 110(a)(2)(G).

Future SIP revisions: Section 110(a)(2)(H) requires States to have the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate.

110(a)(2)(H) Non

- regulatory Documents:

1. Implementation Plan Reviews Document

a. Original State non

- regulatory SIP document submitted to EPA on 4/30/81 b. Approved by EPA 4/19/83; 48 FR 16682

110(a)(2)(H) Regulatory Documents, Wyoming Air Quality Standards and Regulations (WAQSR):

1. Wyoming Environmental Quality Act , Section 35

- 11

- 109, Powers and duties of director
2. Wyoming Environmental Quality Act, Section 35

- 11

- 110, Powers of administrators of the divisions
3. Wyoming E nvironmental Quality Act , Section 35

- 11

- 202, Establishment of standardsWDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 14 | P a g e 110(a)(2)(H) Comment:

Wyoming has the authority to revise the SIP as required by the CAA section 110(a)(2)(H) for the 2012 Annual PM 2.5 

### NAAQS.

Section 35

- 11

- 109 of the Wyoming Environmental Quality Act establishes powers and duties of the Director, including the authority to undertake rulemaking that would encompass the requirements of Section 110(a)(2)(H). This power is broadly described in 35

- 11

- 109(a)(i), and expanded upon i n the rest of the section, as it is noted that the Director of the department has the capacity to: “Perform any and all acts necessary to promulgate, administer and enforce the provisions of this act and any rules, regulations, orders, limitations, standar ds, requirements or permits adopted, established or issued thereunder, and to exercise all incidental powers as necessary to carry out the purposes of this act.” 35

- 11

- 109(a)(ii) further establishes that the Director will consult with other agencies, incl uding the federal government, in furtherance of the purposes of the act. Furthermore, 35

- 11

- 110(a)(ix) establishes regulatory framework for Administrators of divisions to recommend rulemaking adoptions or amendments to the Director. Section 35

- 11

- 202(a) of the Wyoming Environmental Quality Act further expands upon the authority of the Administrator to recommend to the Director such “ambient air standards or emission control requirements by rule or regulation, as may be necessary to prevent, abate,

or cont rol pollution.” These provisions satisfy the requirements of 110(a)(2)(H).

Plan Revisions for Nonattainment Areas: Section 110(a)(2)(I) requires, in the case of a SIP or SIP revision for a nonattainment area, the SIP must meet applicable requirements of part D relating to nonattainment areas.

110(a)(2)(I) Comment:

According to EPA’s interpretation of the CAA, section 110(a)(2)(I)

, Plan Revisions for Nonattainment
Areas

, will not be addressed in the context of an infrastructure SIP

, and air agencies do not need to address Element I in an infrastructure SIP submission. Section 110(a)(2)(I) infrastructure elements will be reviewed and acted upon through a separate process. ( Guidance on Infrastructure State Implementation Plan (SIP) Element s under Clean Air Act Sections 110(a)(1) and 110(a)(2), September 13, 2013, OAQPS )

Consultation with government officials: Section 110(a)(2)(J) requires States to provide a process for consultation with local governments and Federal Land Managers carr ying out NAAQS implementation requirements pursuant to section 121 relating to consultation.

110(a)(2)(J) Non

- regulatory Documents:

1. Consultation Document

a. Original State non

- regulatory SIP document submitted to EPA on 1/25/79WDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 15 | P a g e

b. Approved by EPA 7/2/79; 44 FR 38473

Public notification: Section 110(a)(2)(J) further requires States to notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances pursuant to section 127 relating to publ ic notification.

110(a)(2)(J) Non

- regulatory Documents:

1. Public Notification of Air Quality Document

a. Original State non

- regulatory SIP document submitted to EPA on 1/25/79 b. Approved by EPA 7/2/79; 44 FR 38473

PSD and visibility protection: Section 110(a )(2)(J) also requires States to meet applicable requirements of part C related to prevention of significant deterioration and visibility protection.

110(a)(2)(J) Non

- regulatory Documents:

1. Wyoming State Implementation Plan For Class I Visibility Protecti on Document

a. Original State non

- regulatory SIP document submitted to EPA on 9/6/88 b. Approved by EPA 2/15/89; 54 FR 6912

c. Includes WAQSR, Section 28, Visibility

110(a)(2)(J) Regulatory Documents, Wyoming Air Quality Standards and Regulations (WAQSR):

1. Chapter 6, Section 4, Prevention of significant deterioration

a. Most recent State regulatory SIP document submitted to EPA 5/24/12 and 3/8/13 b. EPA final Federal Register 12/6/13; 78 FR 73445

c. EPA final Federal Register 11/22/13; 78 FR 69998 d. Preceding WAQSR, Section 2 4, Prevention of significant deterioration i. Original State regulations submitted 1/25/79 ii. EPA approved 7/2/79; 44 FR 38473
2. Chapter 9, Section 2, Visibility

a. Revised WAQSR format EPA approved 7/28/04, 69 FR 44965 b. Preceding WAQSR, Section 28, Visibility i. Submitt ed as part of the SIP for Class I Visibility Protection ii. Approved by EPA 2/15/89; 54 FR 6912

110(a)(2)(J) Comment:

EPA recognizes that S tates are subject to visibility and regional haze program requirem ents under part C of the CAA. Visibility and regiona l haze program requirements under part C do not change when a new NAAQS becomes effective

, and therefore no new visibility obligations are “triggered” for the State of Wyoming under section 110(2)(2)(J). This is acknowledged on page 55 of the September 13

, 2013 Guidance on Infrastructure SIP Elements document published by the EPA: “The EPA believes that there are no new visibility protection requirements under part C as a result of a revised NAAQS. Therefore, there are no newly applicable visibility protection obligations pursuant to Element J after the promulgation of a new or revised NAAQS.”WDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 16 | P a g e Wyoming’s process for consultation with government officials, public notification, PSD and visibility protection meets the requirements of CAA section 110(a)(2)(J) for the 2012 Annual PM 2.5 

### NAAQS.

A ir q uality modeling/data: Section 110(a)(2)(K) requires that SIPs provide for performing air quality modeling for predicting effects on air quality of emissions from any NAAQS pollutant and submission of such data to EPA upon request.

110(a)(2)(K) Regulato ry Documents, Wyoming Air Quality Standards and Regulations (WAQSR):

1. Chapter 6, Section 2, Permit requirements for construction, modification, and operation

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA f inal Federal Register 7/ 28/2004; 69 FR 44965

c. Preceding WAQSR, Section 21, Permit requirements for construction, modification and operation i. Original State regulations submitted 7/22/74, resubmitted 8/7/74 ii. EPA approved via FR date of 6/10/75
2. Chapter 6, Section 4, Prevention of significant deterioration

a. Most recent State regulatory SIP document submitted to EPA 5/24/12 and 3/8/13 b. EPA final Federal Register 12/6/13; 78 FR 73445

c. EPA final Federal Register 11/22/13; 78 FR 69998 d. Preceding WAQSR, Section 24, Prevention of significant deterioration i. Original State regulations submitted 1/25/79 ii. EPA approved 7/2/79; 44 FR 38473

110(a)(2)(K) Comment:

Wyoming’s PSD program requires that estimates of ambient air concentrations are based on applicable air quality m odels specified in Appendix W of 40 CFR part 51, and that modification or substitution of a model specified in Appendix W must be approved by the Administrator.

Wyoming’s air quality modeling and the submission of data programs meet the requirements of CAA section 110(a)(2)(K) fo r the 2012 Annual PM 2.5 

### NAAQS.

WAQSR Chapter 2, Section 6(f)(iv) empowers the AQD Administrator to impose any reasonable conditions upon an approval to construct, modify or operate, including modeling (“Ambient Air Quality monitoring which, in the judgm ent of the Administrator, is necessary to determine the effect which emissions from a source may have, or is having, on air quality in any area which may be affected by emissions from such source”).

Permitting fees: Section 110(a)(2)(L) requires SIPs to require each major stationary source to pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing a permit.WDEQ-AQD 2012 Annual PM 2.5 Infrastructure SIP
December 2015



### 17 | P a g e 110(a)(2)(L) Regulatory Documents, Wyoming Air Quality Standards and Regulations (WAQSR):

1. Chapter 6, Sect ion 2, Permit requirements for construction, modification, and operation

a. Most recent State regulatory SIP document submitted to EPA 9/12/2003 b. EPA Final Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 21, Permit requirements for constructio n, modification, and operation i. State regulations submitted 11/12/93 ii. EPA approved 11/29/94; 59 FR 60905
2. Wyoming Environmental Quality Act , Section 35

- 11

- 211(a), Fees

110(a)(2)(L) Comment:

The Wyoming infrastructure SIP meets the requirements of CAA section 110(a)(2)(L) for the 2012 Annual PM 2.5 

### NAAQS.

Consultation/participation by affected local entities: Section 110(a)(2)(M) requires States to provide for consultation and participation in SIP development by local political subdivisions affect ed by the SIP.

110(a)(2)(M) Non

- regulatory Documents :

1. Intergovernmental Cooperation Document

a. Original State non

- regulatory SIP document submitted to EPA on 1/28/72 b. Approved by EPA 5/31/72; 37 FR 10842

110(a)(2)(M) Comment:

The Wyoming infrastructure SIP meets the requirements of CAA section 110(a)(2)(M) for the 2012 Annual PM 2.5 

### NAAQS.

### Attachment A

The State of Wyoming 2012 Fine Particulate Matter National Ambient Air Quality Standard Infrastructure SIP Element 110(a)(2)(B ) Support DocumentAc r hi r y

/ Ou tp u r Du e D a r

es S tate S r ate EP A Agency Comme n ts 

### F

IT Do Ua l' S Dolla l' S

p,ang, 4 5 da y. to 1 20 D a y>

.

4

. EP A t o r e sp o n d in writing wi thin 1 20 days of re c eip t o f e ac h 120 da y. afte r Thl s c h ange is being made to EP A b e c o nsl s tent wit h fed e ral Sta

te sub mitt a l. r ecei pt r egulahon found at 40 CFR 5 S

. 1 0 (a )(2 L_

[

. Sub mit air qu a li ty mo n i t oring data t o AQS wi thin 90 da ys aftecr Quart

, d y St a te 1 05/T i d e V Pr ograms th e en d o f e ach quart e r

.
F

. Insur e qu a r te

d y that databas e is comp ! e t e ( i

. e

. , any mis s in g da t a point must have a n ul l cod e and for pro l ong e d p e riods of Quart

, d y St a te 1 05/T i d e V Pr ogram s mi s sin g d a ta su bmi t a , vt i tt e n exp l anation t o E PA)

.

C

. Sub mit e ! ec tro ni c all y AQS ann ua l SL M.

ts r e port w i t h d ata 5 / 1 / 20 1 6 & St a te 1 05/T i d e V Pr ogram s c ertifi c ation

. 20 1 7

H

. 1. App l y for a dv anced E PA a p p ro va l o f an y p r opos e d

mo ni torin g n e mrorl. m od i fi c a ti on to S LAMS

. T rona an d PRB A,Nee<! , d Sta t e 1 0Strit!

, V Pr ograms

n e twor k m odifications a r e t o b e a p p rove d b y th e S ta te

.

2

. EP A t o re sp o n d b y t e l e

p ho n e w i thin 1 0 days ; w 1 i tt e.n doc um ent ation t o fo l! ow within 30 d ays

. S t at e will p roc ee d As R equire d State/E P A
w i t h modification if EP A doesn ' t r e s p on d in writin g within 30

d ays

.

I

. Attend EP A mo nit oring wo 1 ksh op if sch e dul e d

. B iann u a ll y S t a t e 1 05/T i d e V Pr ograms

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Pa ge 1 2Attachment B

The State of Wyoming 2012 Fine Particulate Matter National Ambient Air Quality Standard Infrastructure SIP Element 110(a)(2)(D)(i)(I

- II) Support Document2 Attachment B

Interstate and International T ransport Provisions for the 2006 Fine Particulate Matter NAAQS

Clean Air Act section 110(a)(2)(D)(i)(I)

On August 10, 2015, the Environmental Protection Agency (EPA) issued its final rule approving portions of the State of Wyoming’s State Implementation Plan (SIP) submission regarding interstate transport of pollution for the 2006 24-hour fine particulate ma tter (PM 2.5 ) National Ambient Air Quality Standards (NAAQS). In this action, the EPA approved the portions of the Wyoming SIP su bmission that address the significant contribution to nonattainment and interference with maintenance transport requirements
fo r the 2006 24-hour PM 2.5 NAAQS, as well as provisions pertaining to interference with prevention of significant deterioration (PSD) of air quality transport.

In its actions regarding Wyoming’s SIP, the EPA repeatedly made the det ermination that Wyoming d oes not significantly contribute to nonattainment or interfere with maintenance of the 2006 24-hour PM 2.5 NAAQS for any other state . As noted in the Proposed Rule, which was published in the Federal Register on May 18, 2015, and contains more extensive discussion than the Final Rule:

Our evaluation demonstrates that emissions from Wyoming do not significantly
contribute to nonattainment or interfere with maintenance of the 2006 24-hour PM 2.5 NAAQS in any other state and that the existing Wyoming SIP is, therefore, adequate to meet the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 24-hour PM 2.5 NAAQS. (80 FR 28212)

The EPA arrived at this determination by reviewing data from monitors in three surrounding states – Idaho, Montana, and Utah . A dditionally, the EPA also considered other inherent factors that diminish the capacity for transporting pollutants, such as intervening mountain ranges that create physical impediments
for pollution transport and meteorological conditions such as prevailing winds . Ultimately, the EPA noted that, “When taken together in a weight-of- evidence assessment they are sufficient for EPA to determine that emissions from Wyoming do not significantly contribute to nonattainment at the Idaho, Montana, and Utah receptors” (80 FR 28213, May 18, 2015). Therefore, there are a variety of factors acknowledged by the EPA that cumulatively reduce the capacity for the transport of PM 2.5 from Wyoming
to other states – including the fact that Wyoming’s PM 2.5 emissions ar e not high enough to interfere with the State’s capacity to attain the 2006 24 -hour PM 2.5 NAAQS within its own borders. As demonstrated by the monitored data below, Wyoming’s PM 2.5 emissions
– as taken from several locations around the state

– are below t he federal standards established for both the 2006 24-hour PM 2.5 NAAQS and the 2012 24-
hour PM 2.5 NAAQS.

Figure 1

.

PM 2.5 Compliance with NAAQS of 15.0 μg/m 3 and 12 .0 μg/m 3

Annual Arithmetic Mean (μg/m 3 )

Site Name 2012 2013 2014 Average

(2012

- 2014) In Compliance

SLAMS

Casper 5.4 4.3 4.6 4.8 Yes3 Cheyenne 5.7 4.2 4.1* 4.7* Yes

Cody 5.1 4.3 3.7* 4.4* Yes

Jackson 6.3 5.0 4.3 5.2 Yes

Lander 7.8* 7.8* 6.7 7.5* Yes

Laramie 5.6 4.6 4.2 4.8* Yes

Rock Springs 7.0 5.1 4.5 5.5* Yes

Sheridan

- Meadowlark 7.1* 5.0 4.9 5.5* Yes

Sheridan

– Police Station 8.3* 6.5 6.4 6.7* Yes

SPM

Antelope Site 3 (PRB

- PM 2.5 Network) 8.0* 2.8* N/A N/A N/A

Belle Ayr BA

- 4 (PRB

- PM 2.5 Network) 7.9* 6.4* 5.2 6.5* Yes

Black Thunder Mine BTM

- 36

- 2 (PRB

- PM 2.5 Network) 4.9* 4.2* 3.9 4.3* Yes

Pinedale Gaseous 7.1 4.8 5.4 5.8 Yes

PRB

- Buckskin (PRB

- PM 2.5 Network) 5.9* 4.8 5.5 5.4* Yes

South Pass N/A N/A 2.6* N/A N/A

NCore

Cheyenne NCore 3.8* 2.2* 3.5 3.2* Yes

Mobile Trailers**

Big Piney Site 3*** 5.8* 4.2* N/A 4.3 N/A

Converse County

– Mobile #3 N/A 3.3 2.3 3.1* N/A

Gillette Mobile 3.0* N/A N/A N/A N/A

Lovell

– Mobile #1 N/A N/A 7.2* N/A N/A

Pavillion Mobile 2.5* N/A N/A N/A N/A

Rock Springs

– Mobile #1 N/A 2.0* 0.4* N/A N/A

Sinclair

– Mobile #2 N/A N/A 1.7 N/A N/A

N/A
– Site was not in operation at all for the year of study.

* - The value did not meet data completeness requirements per 40 CFR Part 50 Appendix N 4.1(b).

** - Mobile Trailers are located in one location for approximately one year.

*** - Site changed from a Mobile Trailer to a permanent location in 2013.

Figure 2.4 PM 2.5 Compliance with NAAQS of 35 μg/m 3

98% 24

- Hour Average (μg/m 3 )

Site Name 2012 2013 2014 Average

(2012

- 2014) In Compliance

SLAMS

Casper 17 13 14 15 Yes

Cheyenne 17 11 10 13 Yes

Cody 16 15 10* 14* Yes

Jackson 25 11 13 16 Yes

Lander 25* 29* 26 27* Yes

Laramie 17 10 13 13 Yes

Rock Springs 27 12 10 16 Yes

Sheridan

- Meadowlark 19* 14 17 17* Yes

Sheridan

– Police Station 19* 17 19 18* Yes

SPM

Antelope Site 3 (PRB

- PM 2.5 Network) 27 8 N/A N/A N/A

Belle Ayr BA

- 4 (PRB

- PM 2.5 Network) 55 14 10 26 Yes

Black Thunder Mine BTM

36

- 2 (PRB

- PM 2.5 Network) 16 14 10 13 Yes

Pinedale Gaseous 27* 13 12 17* Yes

PRB

- Buckskin (PRB

- PM 2.5 Network) 18 14 12 15 Yes

South Pass N/A N/A 9* N/A N/A

NCore

Cheyenne NCore 14 9 12 12 Yes

Mobile Trailers**

Big Piney Site 3*** 54 9* N/A N/A N/A

Converse County

– Mobile
#3 N/A 8 8 9* N/A

Gillette Mobile 20 N/A N/A N/A N/A

Lovell

– Mobile #1 N/A N/A 18* N/A N/A

Pavillion Mobile 7 N/A N/A N/A N/A

Rock Springs

– Mobile #1 N/A 7* 3* N/A N/A5 Sinclair

– Mobile #2 N/A N/A 8 N/A N/A

N/A
– Site was not in operation at all for the year of study.

*- The value did not meet data completeness requirements per 40 CFR Part 50 Appendix N 4.1(b).

** - Mobile Trailers are located in one location for approximately one year.

*** - Site changed from a Mobile Trailer to a perman ent location in 2013.

As the monitored data in Figure 2 indicates, Wyoming has attained the 2006 primary 24-hour PM 2.5 NAAQS – and is also currently attaining the 2012 primary 24-hour PM 2.5 NAAQS
– both at a standard of
35 micrograms per cubic meter ( μg/m 3 ) . This is based on the three

- year averages taken from monitors across the state during the 2012

- 2014 span; the two highest three

- year averages recorded in Wyoming (Lander and Belle Ayr BA -4 ) were still respectfully 8 and 9 μg/m 3 below the standard for the 24 -hour NAAQS. Additionally, as Figure 1 demonstrates, Wyoming attained the 2006 primary annual PM 2.5 NAAQS
– at a standard of 15 μg/m 3 – and the State is currently attaining the 2012 primary annual PM 2.5 NAAQS
– at a standard of 12 μg/m 3

. The heavy presence of wildfires in the Wyoming and surrounding states (the western United States) , particularly in 2012, influenced significantly higher recordings of PM 2.5 at various intervals when conditions impacted the state. However, Wyoming has submitted a number of exceptional events packages to EPA addressing these exceedances that are awaiting federal approval. The anomalously high levels for the 24-hour PM 2.5 NAAQS recorded at Belle Ayr BA -4 and Big Piney
Site 3 in 2012 (both had monitored level s that were nearly four times as high in 2012 as the following year) are indicative of the wildfire impacts. Despite the presence of wildfires, the highest monitored level in the entire state for the primary annual PM 2.5 NAAQS over that three -year period – the Sheridan Police
Station monitor – was still only roughly two -thirds of the 2012 primary annual PM PM 2.5 NAAQS of 12 μg/m 3 . The AQD is confident that Wyoming will not have any areas designated as nonattainment for the
2012 PM 2.5 NAAQS, and that exceedances of the standard have been attributable to the aforementioned exceptional events. Furthermore, the EPA acknowledged in December 2012 that most of the United States already was meeting the revised 2012 primary annual PM 2.5 NAAQS of 12 μg/m 3 (see map at http://www3.epa.gov/pm/actions.html).

Based on the 5- year weighted average design value for 2009 -2013 ( μg/m 3 ) – as provided in attachments to the EPA’s “Information on the Interstate Transport ‘Good Neighbor’ Provision for the 2012 PM 2.5 National Ambient Air Quality Standards,” released on March 17, 2016 – there is only one county designated as nonattainment for the 2012 PM 2.5 NAAQS that is located in a state bordering Wyoming. This is the West Silver Valley nonattainment area in Shoshone County, in Idaho, which recorded an average design value of 12.34 μg/m 3 and a maximum design value of 12.77 μg/m 3 for 2009-2013 (see chart at https://www3.epa.gov/airquality/particlepollution/pdfs/good -neighbor-att2.pdf). Both
measurements are in excess of the 2012 standard – and the EPA’ s projected 2017 average and maximum design values for the county are both just slightly above the 12 μg/m 3 standard

.

It is important to acknowledge, however, that Shoshone County is one of the northernmost counties in Idaho and is several hundred miles northwest of the nearest Wyoming border. Furthermore, the two Wyoming counties most proximate to Shoshone County both had average and maximum design values
that were well below the 2012 PM 2.5 NAAQS for the years of 2009-2013 ; Park County had a 5- year weighted average design value of 4.55 μg/m 3 and a maximum design value of 4.66 μg/m 3 , while Teton County had a 5- year weighted average design value of 4.94 μg/m 3 and a maximum design value of 5.26 μg/m 3 . The Wyoming county with the highest PM 2.5 measurements – Fremont County – is over 500 miles away from Shoshone County, and Fremont County’s measurements for 2009-2013 (8.19 μg/m 3 ; 8.46 μg/m 3 ) were still well below the 2012 PM 2.5 NAAQS. The combination of sheer distance with the much

lower PM 2.5 measurements in the most -proximate Wyoming counties calls into question the possibility of6 Wyoming’s potential to contribute to the nonattainment in Shoshone County – without even considering factors like meteorology, geography, and localized pollutant sou rces. The EPA has acknowledged that pollution transport of PM 2.5 is generally a localized issue (as will be further explored in the Clean Air Act section 110(a)(2)(D)(i)(II) portion of this document below), and therefore it is unreasonable to conclude
tha t Wyoming’s PM 2.5 pollutants would have any significant impact upon Shoshone County’s
nonattainment.

There are additional factors for consideration that further support the position that transported sources of
PM 2.5 from within Wyoming do not contribute to nonattainment in Idaho. The prevailing winds in Wyoming are predominantly from the west, blowing to the east; in northwest Wyoming, specifically, the prevailing winds exhibit this east- to

- west trajectory (for a more detailed examination of wind in northwest Wyoming, please see the wind rose depicted in Figure 3 on page 8 of this document). Given that the Shoshone County nonattainment area is several hundred miles northwest of Wyoming, the predominant

met eorological conditions of the region do not support the northwestward transport of PM 2.5 pollutants from Wyoming across several Idaho counties to reach Shoshone County. Even Lemhi County, which
recorded a 5

- year weighted average design value of 11.59 μg/m 3 , is still separated from the Wyoming border by Clark and Fremont Counties. There are several mountain ranges (including the Beaverhead Mountains and Lemhi Range in Idaho, and the Teton and Gallatin Ranges in Wyoming) that also inhibit
the westward trans port of PM 2.5 from Wyoming into Shoshone and Lemhi Counties.

Finally, th ere is ample evidence provided in the EPA’s Technical Support Document (TSD) for the West Silver Valley Nonattainment Area – Area Designations for the 2012 PM 2.5 NAAQS that characterizes the
PM 2.5 pollution issue in Shoshone County as largely caused by local sources and conditions. As noted on page 6 of the TSD, “Residential wood combustion in the cold, winter months is most responsible for elevated particulate matter in the area, while prescribed burning in the late autumn and in the spring also contributes substantially. Smoke from wildfires can affect the area in the summer

. ” (See https://www3.epa.gov/pmdesignations/2012standards/final/ID_FinalNAATSD_Final.pdf). Furthermore, on pages 19- 25, there are several pie graphs that illustrate emissions inventories taken in the West Silver Valley nonattainment area. Those graphs emphasize that localized sources constitute the primary
contributors of PM 2.5 in the area; as noted in the TSD : “When reviewing the emissions inventory for the West Silver Valley nonattainment area within Shoshone County, the data shows in Figure 5a-1 that annually residential wood combustion (574.5 tpy) and prescribed burning (426.7 tpy) are the major sour ce categories of direct PM 2.5 , with the next highest source category being only 25.5 tpy. ” (See https://www3.epa.gov/pmdesignations/2012standards/final/ID_FinalNAATSD_Final.pdf). Thus , based
on the EPA’s findings in the TSD, it is reasonable to conclude t hat Wyoming is not significantly contributing to the West Silver Valley Nonattainment Area in Shoshone County through cross- state transported PM 2.5 pollutants.

Therefore, g iven the presented premises that Wyoming’s in

- state PM 2.5 monitored levels are below the federal standard (and in most cases, significantly below), that there is recorded data in three surrounding states indicating that Wyoming does not significantly contribute with PM 2.5 transport, and that there are inherent factors in Wyoming that reduce the state’s capacity to transport PM 2.5 pollutants , it is reasonable to conclude that Wyoming’s current enforceable mechanisms are satisfactory to address the interstate transport of PM 2.5

. The EPA acknowledged this in its Proposed Rule:

We propose to conclude that emissions of direct PM 2.5 and PM 2.5 precursors from sources in the State of Wyoming do not significantly contribute to nonattainment of the 2006 24-hour PM 2.5 standards in any other state, that the existing SIP for the State of Wyo ming is adequate to satisfy the ‘significant contribution’ requirements of CAA section 110(a)(2)(D)(i)(I) with respect to the
2006 24-hour PM 2.5 standards, and that the State of Wyoming therefore does not need to adopt additional controls for purposes of i mplementing the ‘significant contribution to nonattainment’ 

# II7 requirement of 110(a)(2)(D)(i)(I) with respect to that NAAQS at this time. (80 FR 28213, May 18, 2015)

The EPA concluded that Wyoming’s emissions do not currently contribute to nonattainment of the 2006
24-hour PM 2.5 stand ards for surrounding states, and it also evaluated the potential for Wyoming’s sources to contribute. Once again, the EPA’s conclusion that neither direct PM 2.5 emissions nor PM 2.5 precursors from sources in Wyoming contribute to nonattainment in surrounding states indicates that Wyoming’s regulatory infrastructure for interstate transport of PM 2.5 is not only sufficient for actual emissions, but also for potential emissions of PM 2.5 . Wyoming’s potential to cont ribute to surr ounding states – not merely its actual contributions
– is therefore adequately addressed by components of its SIP in regards to CAA section 110(a)(2)(D)(i)(I). Or, more simply, the potential for Wyoming to transport PM 2.5 pollutants to surrounding states does not present concerns beyond the scope of Wyoming’s existing SIP.

Clean Air Act section 110(a)(2)(D)(i)(I I)

The EPA did not take action , however, in its August 10, 2015 Final Rule on Wyoming’s SIP with regards
to CAA section 11 0(a)(2)(D)(i)(II) requirements

, which pertain to interference with visibility. The EPA approved Wyoming’s SIP with regard to the 110(a)(2)(D)(i)(II) requirement pertaining to interference with measures to prevent significant deterioration in its August 10, 2015 Final Rule. As of April 2016

, however, EPA has taken no further action on this portion of Wyoming’s SIP. Although the State of Wyoming does not yet have explicit approval on its CAA section 110(a)(2)(D)(i)(II) requirements for
PM 2.5 , the AQD considers its regulatory infrastructure to adequately addresses these requirements.

Not only are monitored levels of PM 2.5 sufficiently below the federal standard within Wyoming’s borders, but the EPA has acknowledged that Wyoming specifically does not significantly contribute to surrounding states and that pollution transport for PM 2.5 is generally a localized issue. As noted in the May 18, 2015 Proposed Rule, “For the 2006 24-hour PM 2.5 NAAQS, EPA believes that nonattainment and maintenance problems i n the western United States are relatively local in nature with only limited impacts from interstate transport” (80 FR 28213). Considering the localized nature of nonattainment problems for PM 2.5 with the inherent geographic and meteorological conditions in western Wyoming that diminish transport impacts of PM 2.5 – and the fact that NO
x only represents a minor precursor of PM 2.5 – it
is reasonable to conclude that Wyoming’s PM 2.5 emissions are not inhibiting any surrounding state from preventing significant deterioration of air quality or protecting visibility, just as transported PM 2.5 pollutants are not inhibiting any surrounding state from attaining the 2006 24-hour PM 2.5 standard.

Wyoming’s 309(g) Regional Haze SIP, submitted to the EPA on January 12, 2011, was partially approved and partially disapproved in a Final Rule promulgated on January 30, 2014. Portions of this SIP related to control of NO
x are still in litigation. The EPA has taken the position that it may not take action on visibility requirements prior to the conclusion of this litigation. The EPA has nevertheless established, through the rulemakings in the Federal Register that are cited in this attachment, that it considers pollution transport of PM 2.5 to be a relatively localized issue, and that geographic and meteorological conditions in Wyoming and surrounding states further inhibit transport. Additionally, Wyoming
reiterates th at NO
x only represents a minor precursor of PM 2.5

. Given these premises, and the fact that Wyoming is attaining the federal standards for PM 2.5 , the AQD considers that Wyoming’s regulatory infrastructure is effectively limiting the interstate transport of PM 2.5 from contributing to nonattainment of surrounding states – and, consequently, that Wyoming’s PM 2.5 contributions are not contributing to visibility/Regional Haze issues in surrounding states.

In the three aforementioned states – Utah, Idaho, and Montana – the Class I visibility areas are predominantly upwind of contributing Wyoming sources, as demonstrated by the wind rose data supplied
below (see Figure 3 ). Throughout Region 8, the only nonattainment areas for the 2006 24-hour PM 2.5 

# II8 NAAQS are located in Utah (Cache, Utah, Box Elder, Davis, Salt Lake, Tooele, and Weber counties). These counties are all in an upwind position of Wyoming. Furthermore, Salt Lake City is located in one
of the counties that is classified nonattainment
– approximatel y 80 miles southwest of the Wyoming border. The July 1, 2014 U.S. Census Bureau’s census estimates place the population of Salt Lake County 1,091,742 (http://quickfacts.census.gov/qfd/states/49/49035.html?cssp=SERP). That is roughly twice the population of the entire State of Wyoming, and in a significantly more concentrated area (the entire State of Utah is nearly 13,000 square miles smaller than Wyoming, and Salt Lake County only represents one small pocket of Utah). Th is data indicate s a declared heavier concentration of PM 2.5 – compared to levels in surrounding states – emanating from one compact area . Furthermore, given the relative proximity to bordering states, and the accompanying meteorological/geographic conditions – it also indicates a greater likelihood that this PM 2.5 transport source would influence visibility conditions in southwestern Wyoming and southern Idaho than would the interstate transport of PM 2.5 from Wyoming.

The attached met data and wind rose charts, coupled with the EPA’s conclusion that Wyoming does not currently contribute to nonattainment of the 2006 24-hour PM 2.5 standards for surrounding states, provides a demonstration that Wyoming’s regulatory infrastructure also sufficiently meets CAA section 110(a)(2)(D)(i)(II) req uirements for PM 2.5

. The wind rose chart appears below

.

Figure 3

.9 The composition of PM 2.5 measured at various sites around Wyoming also indicates that a significant portion of PM 2.5 impacting visibility in the state is derived from organic sources. For example, the data
from IMPROVE monitors at six different locations, represented in Figures 4 -10 below, indicates that organic mass composed the largest contingent of daily fine mass budgets during the peak months for

PM 2.5 measurements in 2012. As demonstrated in Figures 1- 2, the highest annual arithmetic mean and 98% 24-hour average measurements for most locations around the state occurred in 2012, and therefore 2012 was used for this particular example. It is impor tant to restate that, despite the high readings, Wyoming maintained the annual arithmetic mean and 98% 24

- hour average PM 2.5 standards at all
monitors from 2012 -2014.

Figure 4.

The six Wyoming monitors selected for this example are all within relative proximity to Class I areas in surrounding states (Idaho, Montana, South Dakota) such as Craters of the Moon, Sawtooth, Yellowstone, Badlands, Wind Cave, and the Northern Cheyenne American Indian Class I lands. At all six monitored sites, the high est daily fine mass budgets occurred between the months of June and September; these were the only months of 2012 where PM 2.5 recordings exceeded 15 μg/m 3 – which is still 20 μg/m 3 shy of the federal standard. Therefore, in all other months of 2012, there were no PM 2.5 recordings that were remotely close to exceeding the federal standard. Meanwhile, in the more prolific months of June through September, at all six monitored sites, the daily fine mass budgets were often at least two

- third s attributable to organic mass. For example, at Cloud Peak
– most closely located to the Northern Cheyenne American Indian Class I lands – roughly six-sevenths of the highest daily fine mass budget of the year ( recorded in September) was attributable to organic mass. Produced sources of PM 2.5 , therefore, were only responsible for a fractional amount of total PM 2.5 levels.10 Given the overwh elming presence of organic mass, the localized nature of PM 2.5 transport, the prevailing meteorological trends, and the fact that Wyoming still did not exceed the design value for either standard from 2012-2014, it is unreasonable to conclude that Wyoming’s regulatory infrastructure for PM 2.5 is not effectively meeting the interference with visibility requirements of CAA section 110( a)(2)(D)(i)(II). The ongoing Regional Haze litigation should not impact the approvability of Section 110(a)(2)(D) requirements, or in impacting the approvability of the entire State of Wyoming’s 110 Infrastructure SIP
Elements for the 2012 Fine Particulat e Matter National Ambient Air Quality Standard.

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### Attachment C

The State of Wyoming 2012 Fine Particulate Matter National Ambient Air Quality Standard Infrastructure SIP Element 110(a)(2)(E) Support Document1 -5

State of Wyoming Personnel Rul es Effective January 28, 2015 Chapter 1 (c) Management shall ensure these functions are carried out fairly, equitably and in the best interest of the State.

Section 14. Politics.

(a) Employees shall not use official authority or influence to interfere with or influence the result of an election or nomination for office.

(b) Employees shall not directly or indirectly coerce a State officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political

purposes.

(c) Employees shall not conduct any political activity on State time.

( d) Employees shall not be a candidate for partisan elective office if employed in a program covered by the Federal Hatch Act.

(e) Discrimination against any person in recruitment, examination, appointment, retention, discipline or any other aspect of personnel administration because of political opinion or affiliation is prohibited:

(i) No questions shall be asked on any application, examination, or interview, which would directly or indirectly require the disclosure of a person’s political affiliation, preferences, or opinions.

(ii) Applicants and employees are prohibited from using political influence as an advantage in securing or making appointments or for other personal benefit for themselves or others in personnel matters.

Section 15. Conflicts of Interest.

(a) Employees shall not enter into any financial or other relationship with a State agency, private business, or other organization, which would constitute a conflict of interest with their State employment.

(b) Employees shall not permit themselves to be placed under any personal or other obligation, which could lead any person, group, or organization to expect official favors.

Section 16. Personal Conduct.

Employees shall be courteous, considerate, and impartial in dealing with and serving the public. Employees shall conduct themselves in a manner that will not bring discredit or embarrassment to the
State.

Section 17. Dual Employment.

(a) There shall be no conflicting hours of work when a person is employed by two (2) or more State agencies or in two (2) or more positions in the same State agency:

(i) In the case of the former, both agency heads shall first agree to the terms of the dual employment;

(ii) Dual employment within State service shall have prior approval of the Human Resources Division.