Matthew H. Mead, Governor 

June 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�1129 

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 Ambient Air Quality Standard (NAAQS) is promulgated, review their State 

Implementation Plans (SIPs) to ensure that they meet the requirements of the "infrastructure 

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 Infr

astructure SIP contains all the 

necessary provisions to address the requirements for the 2012 PM2.s NAAQS. The 2012 PM2.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 further information, 

please feel free to contract Nancy Vehr, Air Quality Administrator, al 307-777-7391. 

Sincerely, 

Todd Parfitt 

Director 

Department of Environmental 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 25th Street, Cheyenne, Wyoming. The AQD will take comment on the 

infrastructure SIP for the 2012 fine particulate matter (PM2.5) 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 PM2.5 

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. 17th 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 PM2.5 NAAQS are available for public inspection at the Department of Environmental Quality, 

Air Quality Division, 200 W. 17th 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 PM2.5 I-SIP Public Hearing

June 6, 2016--Public Notice

Newspaper Date of Publication

Casper Star Tribune May 5, 2016


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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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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 open 
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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 through 
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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. 
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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 the 
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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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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. 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. 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 final Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 18, Diluting and concealing emissions

i. Original State regulations 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 final Federal Register 4/16/2010; 75 FR 19886

c. Preceding 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 document submitted to EPA 2/10/2014

b. EPA final Federal Register 10/21/2014; 79 FR 92859

c. Preceding WAQSR, Section 14, Control of particulate emissions

i. Original State regulations submitted 1/28/72
WDEQ-AQD 2012 Annual PM2.5 Infrastructure SIP 

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2 | P a g e

ii. Approved by EPA 5/31/72; 37 FR 10842

5. Chapter 3, Section 3, Emission standards for nitrogen oxides

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 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 2/13/2013

b. EPA final Federal Register 2/20/15; 80 FR 9194

c. Preceding WAQSR, Section 4, Sulfur oxides

i. Original State regulations 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 final 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 final 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 EPA 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 final 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 final Federal Register 7/28/2004; 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 to state implementation plans
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a. Most recent State regulatory SIP document submitted to EPA 12/21/2012

b. EPA final 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 final 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 final 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, Motor vehicle pollution control

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 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 (PM2.5) 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 PM2.5 

NAAQS. Wyoming submitted a designation letter, signed by Governor Matthew 

H. Mead, to the EPA on 12/13/2013 demonstrating that all counties and localities within the state are 

in attainment with the 2012 PM2.5 NAAQS. Consequently, the EPA designated the entire state as 

“unclassifiable/attainment” in its initial designation for the 2012 annual PM2.5 standard on January 15, 

2015 (80 FR 2206). 

Wyoming also regulates emissions of PM2.5 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 SO2 emissions, were removed through the statutory rulemaking process 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 other applicable requirement of the CAA. All SO2 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 these 

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 2012

Annual PM2.5 NAAQS. 
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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 submitted 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 Monitoring 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 document 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, Ambient standards for nitrogen oxides

a. Most recent 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 5/31/72; 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 Register 7/31/2015; 69 FR 44965

c. Preceding WAQSR, Section 4, Sulfur oxides

i. Original State regulations submitted 1/28/72
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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 final 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 recent 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 document submitted to EPA 9/12/2003

b. EPA final 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:

Wyoming’s air monitoring and data systems programs meet the requirements of the CAA section 

110(a)(2)(B) for the 2012 Annual PM2.5 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 shall 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 monitoring 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 

Administrator, 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.
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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 requirements.

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 final 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 PM2.5
WDEQ-AQD 2012 Annual PM2.5 Infrastructure SIP 

December 2015 

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NAAQS, nor does the State expect to be designated as nonattainment in a future action – the State is 

not required to develop a nonattainment 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 that meets the requirements of 110(a)(2)(C).

Emission limits and control measures 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 revision 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 meets the requirements of the CAA section 

110(a)(2)(C) for the 2012 Annual PM2.5 NAAQS. 

Interstate and international transport provisions: Section 110(a)(2)(D)(i) requires SIPs to include 

provisions prohibiting any source or other type 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 protect 

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 approved by Governor Dave Freudenthal on 4/15/07

d. Memorandum dated 4/9/07 from John V. Corra, DEQ Director, to Governor Freudenthal
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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; SO2 Backstop Trading Program 

a. Submitted to EPA on 1/12/11

b. EPA final 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 final 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 document 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, Notification to the environmental 

protection agency and contiguous states

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 PM2.5 NAAQS, noting that emissions from 

Wyoming do not significantly contribute to nonattainment or interfere with maintenance of the 2006 

24-hour PM2.5 NAAQS in any other state. The EPA further acknowledged that the transport of PM2.5 is 

primarily a localized issue and that there are a variety of geographic and meteorological conditions in 

Wyoming that minimize the capacity for PM2.5 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). 
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Given the localized nature of PM2.5 pollutant transport, the fact that Wyoming has no nonattainment 

areas for the 2006 or 2012 Annual PM2.5 NAAQS, and the predominantly upwind location of Class I 

areas in surrounding states, the State of Wyoming believes that its regulatory infrastructure also 

adequately satisfies the requirements of CAA 110(a)(2)(D)(i)(II). (Attachment B)

No source or sources within the State 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 PM2.5 NAAQS. Therefore, Wyoming’s infrastructure SIP meets the requirements of CAA 

section 110(a)(2)(D)(ii) for the 2012 Annual PM2.5 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-regulatory 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 decision 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 final Federal Register 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 final Federal Register 7/28/2004; 69 FR 44965
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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; penalties

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

The State of Wyoming also receives 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 adequate 

personnel to fulfill the requirements necessary to meet section 110(a)(2)(E)(i) for the 2012 Annual

PM2.5 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 Environmental 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 which 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 Council 

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 participating 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 disapproved by the EPA on December 6, 

2013 in its action on Wyoming’s 1997 and 2006 PM2.5 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. More 
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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 Council, it will undergo procedural review by 

several entities (Governor, Legislative Service Office, Attorney General, etc.) before becoming a stateeffective rule – at which point it will be then be submitted as a SIP revision to the EPA. 

EPA noted in correspondence 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 Wyoming anticipates that 

this SIP submittal will satisfy the EPA’s approvability conditions for the Section 128 SIP. 

Wyoming statutes and Executive Orders therefore provide the mechanisms to satisfy CAA section 128 

and meet the requirements of CAA section 110(a)(2)(E)(ii) for the 2012 Annual PM2.5 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 2012 Annual PM2.5 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 final 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 final Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 23, Continuous monitoring requirements 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 PM2.5 NAAQS. 
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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. Original 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 final 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 

emergency 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 PM2.5 NAAQS. As noted on page 48 of the 9/13/13 Memorandum 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 specific 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 PM10 and SO2, the chapter does not 

limit its purview to these two pollutants – and could encompass other pollutants such as PM2.5. 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 attained 
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levels which could, if such levels are sustained or exceeded, lead to a substantial threat to the health of 

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 immediate 

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 Environmental 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 Wyoming 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 competent 

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 requirements 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 Environmental Quality Act, Section 35-11-202, Establishment of standards
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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 PM2.5 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 in 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, standards, 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, including 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 control 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) Elements 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 carrying 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 1/25/79
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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 public 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 Protection 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 24, 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. Submitted 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 States are subject to visibility and regional haze program requirements under part 

C of the CAA. Visibility and regional 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.” 
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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 PM2.5 NAAQS. 

Air quality 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) 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 final 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 models 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) for the 2012 Annual PM2.5 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 judgment 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.
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110(a)(2)(L) 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 Final Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 21, Permit requirements for construction, 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 PM2.5 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 affected 

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 PM2.5 NAAQS. 
Attachment A

The State of Wyoming 2012 Fine Particulate Matter 

National Ambient Air Quality Standard Infrastructure SIP

Element 110(a)(2)(B) Support Document 
Acrhiry/Outpur Due Dares 

State Srate EPA Agency Comments FIT DoUal'S Dollal'S 

p,ang, 45 day. to 120 Day>. 

4. EPA to respond in writing within 120 days of receipt of each 120 day. after Thls change is being made to 

EPA be conslstent with federal State submittal. receipt regulahon found at 40 CFR 

5S.10(a)(2L_ 

[ . Submit air quality monitoring data to AQS within 90 days aftecr Quart, dy State 105/Tide V Programs the end of each quarter. 

F. Insure quarted y that database is comp!ete (i.e., any missing data 

point must have a null code and for prolonged periods of Quart, dy State 105/Tide V Programs 

missing data submit a ,vti tten explanation to EPA). 

C. Submit e!ectronically AQS annual SLM.ts report with data 5/ 1/2016 & State 105/Tide V Programs certification. 2017 

H. 1. Apply for advanced EPA approval of any proposed 

monitoring nemrorl. modification to SLAMS. T rona and PRB A,Nee<!,d State 10Strit!, V Programs 

network modifications are to be approved by the State. 

2. EPA to respond by telephone within 10 days; w1i tte.n 

documentation to fol!ow within 30 days. State will proceed As Required State/EPA with modification if EPA doesn't respond in writing within 30 

days. 

I. Attend EPA monitoring wo1kshop if scheduled. Biannually State 105/Tide V Programs 

J. Submit quarterly precision and accuracy data to AQS within 90 Quart, dy State 105/Tide V Programs days after the e.nd of eae:h qu.uttr. 

K. Notify EPA \·i.a e-mail or in w1iting of any NAAQS As Required State 105/Tide V Programs exceedances within 45 days of receipt o f report of e."tceedance. 

L. Perfo1m Cl\.fB analysis as needed to veiify contribution and SIP As Required State 105 P,-og,-am effectiveness in Sheti dan. 

~1. 1. Conduct and report on system audits on ptivate industry Ongoing State Tit!e V/105 Programs monitoring programs. 

Page 12 
Attachment 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 Document
2 

Attachment B

Interstate and International Transport 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 matter (PM2.5) National Ambient Air Quality Standards 

(NAAQS). In this action, the EPA approved the portions of the Wyoming SIP submission that address

the significant contribution to nonattainment and interference with maintenance transport requirements 

for the 2006 24-hour PM2.5 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 determination that Wyoming does 

not significantly contribute to nonattainment or interfere with maintenance of the 2006 24-hour PM2.5 

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 PM2.5

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 PM2.5 

NAAQS. (80 FR 28212) 

The EPA arrived at this determination by reviewing data from monitors in three surrounding states – 

Idaho, Montana, and Utah. Additionally, 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 PM2.5 from Wyoming 

to other states – including the fact that Wyoming’s PM2.5 emissions are not high enough to interfere with 

the State’s capacity to attain the 2006 24-hour PM2.5 NAAQS within its own borders. As demonstrated by 

the monitored data below, Wyoming’s PM2.5 emissions – as taken from several locations around the state 

– are below the federal standards established for both the 2006 24-hour PM2.5 NAAQS and the 2012 24-

hour PM2.5 NAAQS.

Figure 1. 

PM2.5 Compliance with NAAQS of 15.0 μg/m3 and 12.0 μg/m3

Annual Arithmetic Mean (μg/m3)

Site Name 2012 2013 2014 Average

(2012-2014)

In 

Compliance

SLAMS

Casper 5.4 4.3 4.6 4.8 Yes
3 

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-PM2.5

Network)

8.0* 2.8* N/A N/A N/A

Belle Ayr BA-4 (PRB-PM2.5

Network) 

7.9* 6.4* 5.2 6.5* Yes

Black Thunder Mine BTM-36-

2 (PRB-PM2.5 Network)

4.9* 4.2* 3.9 4.3* Yes

Pinedale Gaseous 7.1 4.8 5.4 5.8 Yes

PRB-Buckskin (PRB-PM2.5

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 

PM2.5 Compliance with NAAQS of 35 μg/m3

98% 24-Hour Average (μg/m3)

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-PM2.5

Network)

27 8 N/A N/A N/A

Belle Ayr BA-4 (PRB-PM2.5

Network)

55 14 10 26 Yes

Black Thunder Mine BTM36-2 (PRB-PM2.5 Network)

16 14 10 13 Yes

Pinedale Gaseous 27* 13 12 17* Yes

PRB-Buckskin (PRB-PM2.5

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/A
5 

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 permanent location in 2013.

As the monitored data in Figure 2 indicates, Wyoming has attained the 2006 primary 24-hour PM2.5 

NAAQS – and is also currently attaining the 2012 primary 24-hour PM2.5 NAAQS – both at a standard of 

35 micrograms per cubic meter (μg/m3

). 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/m3 below the standard for the 24-hour 

NAAQS. Additionally, as Figure 1 demonstrates, Wyoming attained the 2006 primary annual PM2.5 

NAAQS – at a standard of 15 μg/m3 – and the State is currently attaining the 2012 primary annual PM2.5 

NAAQS – at a standard of 12 μg/m3. The heavy presence of wildfires in the Wyoming and surrounding 

states (the western United States), particularly in 2012, influenced significantly higher recordings of PM2.5 

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 PM2.5 NAAQS recorded at Belle Ayr BA-4 and Big Piney 

Site 3 in 2012 (both had monitored levels 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 PM2.5 NAAQS over that three-year period – the Sheridan Police 

Station monitor – was still only roughly two-thirds of the 2012 primary annual PM PM2.5 NAAQS of 12

μg/m3

. The AQD is confident that Wyoming will not have any areas designated as nonattainment for the 

2012 PM2.5 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 PM2.5 NAAQS of 12 μg/m3 (see map at 

http://www3.epa.gov/pm/actions.html). 

Based on the 5-year weighted average design value for 2009-2013 (μg/m3

) – as provided in attachments 

to the EPA’s “Information on the Interstate Transport ‘Good Neighbor’ Provision for the 2012 PM2.5

National Ambient Air Quality Standards,” released on March 17, 2016 – there is only one county 

designated as nonattainment for the 2012 PM2.5 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/m3 and a maximum design value of 12.77 μg/m3 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/m3 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 PM2.5 NAAQS for the years of 2009-2013; Park County had a 5-year 

weighted average design value of 4.55 μg/m3

 and a maximum design value of 4.66 μg/m3, while Teton 

County had a 5-year weighted average design value of 4.94 μg/m3

 and a maximum design value of 5.26 

μg/m3

. The Wyoming county with the highest PM2.5 measurements – Fremont County – is over 500 miles 

away from Shoshone County, and Fremont County’s measurements for 2009-2013 (8.19 μg/m3

; 8.46 

μg/m3

) were still well below the 2012 PM2.5 NAAQS. The combination of sheer distance with the muchlower PM2.5 measurements in the most-proximate Wyoming counties calls into question the possibility of 
6 

Wyoming’s potential to contribute to the nonattainment in Shoshone County – without even considering 

factors like meteorology, geography, and localized pollutant sources. The EPA has acknowledged that 

pollution transport of PM2.5 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 

that Wyoming’s PM2.5 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 

PM2.5 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 

meteorological conditions of the region do not support the northwestward transport of PM2.5 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/m3

, 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 transport of PM2.5 from Wyoming into Shoshone and Lemhi Counties. 

Finally, there is ample evidence provided in the EPA’s Technical Support Document (TSD) for the West 

Silver Valley Nonattainment Area – Area Designations for the 2012 PM2.5 NAAQS that characterizes the 

PM2.5 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 PM2.5 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 source 

categories of direct PM2.5, 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 that Wyoming is not significantly 

contributing to the West Silver Valley Nonattainment Area in Shoshone County through cross-state 

transported PM2.5 pollutants. 

Therefore, given the presented premises that Wyoming’s in-state PM2.5 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 PM2.5 transport, and that there are 

inherent factors in Wyoming that reduce the state’s capacity to transport PM2.5 pollutants, it is reasonable 

to conclude that Wyoming’s current enforceable mechanisms are satisfactory to address the interstate 

transport of PM2.5. The EPA acknowledged this in its Proposed Rule: 

We propose to conclude that emissions of direct PM2.5 and PM2.5 precursors from sources in the 

State of Wyoming do not significantly contribute to nonattainment of the 2006 24-hour PM2.5 

standards in any other state, that the existing SIP for the State of Wyoming is adequate to satisfy 

the ‘significant contribution’ requirements of CAA section 110(a)(2)(D)(i)(I) with respect to the 

2006 24-hour PM2.5 standards, and that the State of Wyoming therefore does not need to adopt 

additional controls for purposes of implementing the ‘significant contribution to nonattainment’ 

II 
7 

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 PM2.5 standards for surrounding states, and it also evaluated the potential for Wyoming’s sources 

to contribute. Once again, the EPA’s conclusion that neither direct PM2.5 emissions nor PM2.5 precursors 

from sources in Wyoming contribute to nonattainment in surrounding states indicates that Wyoming’s 

regulatory infrastructure for interstate transport of PM2.5 is not only sufficient for actual emissions, but 

also for potential emissions of PM2.5. Wyoming’s potential to contribute to surrounding 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 PM2.5 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)(II)

The EPA did not take action, however, in its August 10, 2015 Final Rule on Wyoming’s SIP with regards 

to CAA section 110(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 

PM2.5, the AQD considers its regulatory infrastructure to adequately addresses these requirements. 

Not only are monitored levels of PM2.5 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 PM2.5 is generally a localized issue. As noted in the 

May 18, 2015 Proposed Rule, “For the 2006 24-hour PM2.5 NAAQS, EPA believes that nonattainment 

and maintenance problems in 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 PM2.5 with the inherent geographic and meteorological conditions in western Wyoming that 

diminish transport impacts of PM2.5 – and the fact that NOx only represents a minor precursor of PM2.5 – it 

is reasonable to conclude that Wyoming’s PM2.5 emissions are not inhibiting any surrounding state from 

preventing significant deterioration of air quality or protecting visibility, just as transported PM2.5 

pollutants are not inhibiting any surrounding state from attaining the 2006 24-hour PM2.5 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 NOx 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 PM2.5 to be a relatively localized issue, and that geographic and meteorological 

conditions in Wyoming and surrounding states further inhibit transport. Additionally, Wyoming 

reiterates that NOx only represents a minor precursor of PM2.5. Given these premises, and the fact that 

Wyoming is attaining the federal standards for PM2.5, the AQD considers that Wyoming’s regulatory 

infrastructure is effectively limiting the interstate transport of PM2.5 from contributing to nonattainment of 

surrounding states – and, consequently, that Wyoming’s PM2.5 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 PM2.5 

II 
8 

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 – approximately 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). This data indicates a declared heavier concentration of PM2.5 – 

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 PM2.5 transport source would influence visibility conditions in 

southwestern Wyoming and southern Idaho than would the interstate transport of PM2.5 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 PM2.5 standards for surrounding states, provides 

a demonstration that Wyoming’s regulatory infrastructure also sufficiently meets CAA section 

110(a)(2)(D)(i)(II) requirements for PM2.5. The wind rose chart appears below. 

Figure 3. 
9 

The composition of PM2.5 measured at various sites around Wyoming also indicates that a significant 

portion of PM2.5 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 

PM2.5 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 important to restate that, despite the high readings, 

Wyoming maintained the annual arithmetic mean and 98% 24-hour average PM2.5 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 highest daily fine mass budgets occurred between the months of June and September; these were 

the only months of 2012 where PM2.5 recordings exceeded 15 μg/m3

 – which is still 20 μg/m3 shy of the 

federal standard. Therefore, in all other months of 2012, there were no PM2.5 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-thirds 

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 PM2.5, therefore, 

were only responsible for a fractional amount of total PM2.5 levels. 
10 

Given the overwhelming presence of organic mass, the localized nature of PM2.5 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 PM2.5 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 Particulate Matter National Ambient Air Quality Standard.

Figures 5-10. 
11 

70 

60 

50 

40 

30 

20 

28 

24 

20 

16 

Cloud Peak 

Daily Fine Mass Budgets, 2012 - 2012 

N <> :;; :,_ ; Q) > C: "' :::, :'i C) 

:::, 

c( 

C. 

Q) 

'-'- ~ (J) c( ~ -, -, 

C: 

-, "' 

IMPROVE Monitor ID: CLPE1, WY 

North Absaroka 

Daily Fine Mass Budgets, 2012 - 2012 

N <> :;; ; Q) 

'-'- ~ C: 

-, "' 

IMPROVE Monitor ID: NOAB1, WY 

0 6 

z u 

Q) 

0 

• SeaSalt 

• Soil 

• Elemental Carbon 

• Organic Mass 

• Ammonium Nitrate 

• Ammonium Sulfate 

• SeaSalt 

• Soil 

• Elemental Carbon 

• Organic Mass 

• Ammonium Nitrate 

• Ammonium Sulfate 
12 
Attachment C

The State of Wyoming 2012 Fine Particulate Matter 

National Ambient Air Quality Standard Infrastructure SIP

Element 110(a)(2)(E) Support Document












1-5 

State of Wyoming Personnel Rules 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.