## Department of Environmental Quality

Matthew H. Mead, Governor

February 6, 2014 To protect, conserve and enhance the quality 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 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS)

Dear Mr. McGrath:

Section 11 O(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 l 10(a)(2). In response to the new 8-hour ozone NAAQS that was promulgated on March 12, 2008, the State of Wyoming updated the list of documentation required to demonstrate that the SIP meets the requirements of Sections l lO(a)(l) and (2) of the CAA. The State of Wyoming has made a determination that the 8-hour ozone Infrastructure SIP
contains all the necessary provisions to address the requirements for the 2008 8-hour ozone NAAQS. The 2008 8-hour ozone Infrastructure SIP was taken out for public notice beginning
December 16, 2013. A public hearing was held in Cheyenne, Wyoming on January 15, 2014,
and no comments were received.

If you have any questions regarding this submittal or if you need further information, please feel free to contract Steven A. Dietrich, Air Quality Administrator, at 307-777-7391.

Sincerely,

\ <Hrl- \\,\--

Todd Parfitt Director Department of Environmental Quality

Enclosure: 110 Infrastructure SIP Elements for the 2008 8-I-Iour Ozone NAAQS

cc: Steven A. Dietrich, AQD Administrator
Jeni Cederle, AQD

Herschler Building · 122 West 25th Street · Cheyenne, WY 82002 · http://deq.state.wy.us

/\DMIN/OUlT~EACH /\l3AND0NED MINES (30'J} 777-7758 (307) 777-6145
FAX 777-7682 FAX 777-6'162 AIR QUALITY (307) 777-7::!91 FAX 777-5616 INDUSTl-<IAL SITING (;10/) '1T1-7369 FAX 777-5973 LAND QUALITY (307) 777-7156 F /\X 777 -5864 SOLID & HAZ. WASTE (]07) 7T!-77()2 FAX 777-59'73 WATER QUALITY (307) T77- 77g·1
FAX 777-59"/'JSTATE OF WYOMING 110 Infrastructure SIP Elements for the 2008 8

- H our Ozone National Ambient Air Quality Standard (Reviewed December 2013 )

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 a pproval pending

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 regulations submitted 1/28/72 ii. Appr oved 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. Preceding WAQSR, Section 19, Abnorma l 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 9/12/2003 b. EP A f inal Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 14, Control of particulate emissions i. Original State regulations submitted 1/28/72WDEQ

- AQD 2008 8

- Hour Ozone Infrastructure SIP December 2013

2 | Page ii. Approved by EPA 5/31/72; 37 FR 10842 5. Chapter 3, Section 3, Emission standards for nitrogen oxides

a. Mos t 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 9/12/2003 b. EPA final Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Section 4, Sulfur oxides i. Original State regulations submitted 7/22/74, re submitted 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, Sectio n 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, Incorporat ion by reference) submitted to EPA 5/24/2012 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 EPA 5/31/72; 37 FR 10842 10. Chapter 4, S ection 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 7/28/2004; 69 FR 44965

c. Preceding WAQSR, Sectio n 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 plansWDEQ

- AQD 2008 8

- Hour Ozone Infrastructure SIP December 2013

3 | Page a. Most recen t State regulatory SIP document submitted to EPA 12/ 21/12 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, Motor vehicle pollution control

a. Most r ecent 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:

Wyomi ng also regulates precursor emissions of ozone through the State ’s PSD and minor NSR

programs.

Wyoming’s infrastructure SIP meet s the requirements of the CAA section 110(a)(2)(A ) for the 2008 8

- hour o zone NAAQS.

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) monit or, compile, and analyze data on ambient ai r quality and (ii) u pon 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 8/29/84WDEQ

- AQD 2008 8

- Hour Ozone Infrastructure SIP December 2013

4 | Page 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 (2013) submitted to EPA on 6/27/13 b. EPA approval pending

c. Preceding 2012 Wyoming Ambient Air Monitoring Annual Network Plan app roved by EPA by letter received on 8/19/13

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 8/19/2011 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 r ecent regulatory SIP d ocument submi tted to EPA 1/31/2013 b. EPA approval pending

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 9/12/2003 b. EPA Final Federal Register 7/28/2004; 69 FR 44965

c. Preceding WAQSR

, Section 4, Sulfur oxides i. Original State regulations submitted 1/28/72 ii. Approved by EPA 5/31/72; 37 FR 10842 4. Chapter 2, Section 5, Ambient s tandards 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 d ocument submitted to EPA 1/31/2013 b. EPA approval pending

c. Preceding WAQSR, Section 8, Photochemical oxidants i. Original State regulations submitted 1/28/72 ii. Approve d 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 f inal Federal Register 7/28/2004; 69 FR 44965

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

- AQD 2008 8

- Hour Ozone Infrastructure SIP December 2013

5 | Page a. Most recent State regulatory SIP document submitted to EPA 8/19/2011 b. EPA approval pending

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 110(a)(2)(B) for the 2008 8

- hour o zone NAAQS.

Program for enforcement of control measures: Section 110(a)( 2)(C) requires States to include a program providing for enforcement of all SIP measures and the regulation of construction of new or modified stationary sources to meet prevention of significant deterioration (PSD) and nonattainment NSR requirements.

11 0(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 4. 3/3/08 Memorandum from Cynthia Cody, EPA Region 8, clarifications regarding 110 SIP infrastructure submissions for PM 2.5 , specifically addressing the current unavailability of EPA rules or guidance on PM 2.5 implementation through the PSD program

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 WAQ SR, 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 s 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 deteriorationWDEQ

- AQD 2008 8

- Hour Ozone Infrastructure SIP December 2013

6 | Page i. Original State regulati ons 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 5/10/2011 b. EPA approval pending

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

The State of Wyoming has a SIP

- approved PSD program covering the requirements for all regulated NSR pollutants, including GHG, which meet s the requirements of 110(a)(2)(C). Emission limits and control measures that satisfy the requirements of 110(a)(2)(C) are identified under secti on 110(a)(2)(A)

“ Emission limits and other control measures

, ” included in this document.

Wyoming’s program for enforcement of control measures meet s the requirements of the CAA section 110(a)(2)(C) for the 2008 8

- hour o zone 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 t he 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 a pproved by Governor Dave Freudenthal on 4/15/07 d. Memorandum dated 4/9/07 from Joh n V. Corra, DEQ Director, to Governor Freudenthal

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 AgendaWDEQ

- AQD 2008 8

- Hour Ozone Infrastructure SIP December 2013

7 | Page 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 s 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 5/10/2011 b. EPA approval pending 4. Chapter 9, Section 2, Visibility

a. Revised WAQSR format EPA approved 7/28/200 4, 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 otectio n agency and contiguous s tates

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

The WDEQ

- AQD (AQD) identified a nearby ozone nonattain ment area to be located in the S tate of Colorado. The AQD relies on wind rose plots and low ozone concentrations for Cheyenne, Wyoming to address the transport of ozone. Based on this information, the State of Wyoming confirms that ozone emissions from Wyoming do not contribute to nona ttainment or interfere with maintenance of the 8

- hour 2008 ozone National Ambient Air Quality Standard (NAAQS) in Colorado or another S tate. (Attach ment A)

The State of Wyoming has one nonattainment area (NAA) for ozone. The NAA designation for the Uppe r Green River Basin (UGRB) became effective on 7/20/2012 per an EPA determination published in 77 FR 30158 on 5/21/2012. Based on the EPA designation of the UGRB as a NAA for 8

- hour ozone, and the subsequent acknowledgement by EPA (EPA to Governor Mead le tter 4/30/12) that remaining areas, inclu ding downwind counties, in the S tate do not violate or contribute to a violation of the 8

- hour ozone standard, the State of Wyoming does not believe that it significantly contributes to nonattainment or interfer es w ith maintenance in another S tate.WDEQ

- AQD 2008 8

- Hour Ozone Infrastructure SIP December 2013

8 | Page EPA has not provided final Interstate Transport Guidance for the 2008 ozone standard which would establish any additional technical requirements associate d with demonstrating whether a S tate has transport impacts on a ne arby S tate(s).

No source or sources within the S tate are the subject of an active finding under section 126 of the CAA

, and t here are no final findings under section 115 of the CAA against Wyoming with respect to the 2008 8

- hour o zone NAAQS. T herefore

, W yoming’s infrastructure SIP meets the requirements of CAA section 110(a)(2)(D)(ii) for the 2008 8

- hour o zone 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 B) 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 B) 5. State of Wyoming Personnel Rules

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

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 44965 3. Wyoming Environmental Quality Act

a. Section 9

- 13

- 106, Official decisions and votesWDEQ

- AQD 2008 8

- Hour Ozone Infrastructure SIP December 2013

9 | Page b. Section 9

- 13

- 109, Penalties

c. Section 16

- 3

- 112(a), Contested cases; presiding officers; qualifications; powers; outside personnel, hearing officers d. Section 35

- 11

- 102, Policy an d purpose

e. Section 35

- 11

- 109, Powers and duties of director f. Section 35

- 11

- 901, Violations of provisions; penal ties

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

The State of Wyoming also receives sections 103 and 105 grant funds through its Performance Partnership Agreement (P PA ) grants along with required S tate 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 t he 2008 8

- hour

o zone NAAQS.

Wyoming statute s and Executive Orders provide the mechanisms to satisfy CAA section 128 and meet the requirements of CAA section 110(a)(2)(E)(ii) for the 2008 8

- hour o zone 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 2008 8

- hour o zone 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 c onstruction, 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 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 2008 8

- hour o zone NAAQS.WDEQ

- AQD 2008 8

- Hour Ozone Infrastructure SIP December 2013

10 | Page 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 su bmitted to EPA on 8/26/81 b. Approved by EPA 2/9/82; 47 FR 5892 3. 3/3/08 Memorandum from Cynthia Cody, EPA Region 8, clarifications regarding 110 SIP infrastructure submissions for PM 2.5 , specifically addressing the current unavailability of EPA rules or guidan ce on PM 2.5 implementation through emergency episode plans. As a Priority III area (as defined under 40 CFR 51.151), the State of Wyoming is not required to submit an Emergency Episode Plan.

110(a)(2)(G) Regulatory Documents, Wyoming Air Quality Standard s 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, Section 20, 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

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

Wyoming’s program for addressing pollut ion emergency episodes meets the requirements of the CAA section 110(a)(2)(G ) for the 2008 8

- hour o zone NAAQS.

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 Document :

1. Implementation Plan Reviews Document

a. Original State non

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

- AQD 2008 8

- Hour Ozone Infrastructure SIP December 2013

11 | Page 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

- 202, Establishment of standards

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 2008 8

- hour o zone NAAQS.

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 eleme nts 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

- regu latory Document :

1. Consultation 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

Public notification: Section 110(a)(2)(J) further requires States to notify the public if NAAQS are exceede d 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 Document :

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 38473WDEQ

- AQD 2008 8

- Hour Ozone Infrastructure SIP December 2013

12 | Page PSD and visibility protection: Section 110(a)(2)(J) also requires States to meet applicable requirements of part C related to prevention of significant deteriorat ion 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 2. 3/3/08 Memorandum From Cynthia Cody, EPA Region 8, clarifications regarding 110 SIP infrastructure submissions for PM 2.5 , specifically addressing the current unavailability of EPA rules or guidance on PM 2.5 implementation through the PSD program

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 s 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 S tates are subject to visibility and regional haze program requirem ents 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 vis ibility obligations are “triggered” for the State of Wyoming under section 110(2)(2)(J).

Wyoming’ s process for consultation with government officials, public notification, PSD and visibility protection meet s the requirements of CAA section 110(a)(2)(J ) for the 2008 8

- hour o zone 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) Regulatory Documents, Wyoming Air Quality Standards and Regulations (WAQSR):

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

- AQD 2008 8

- Hour Ozone Infrastructure SIP December 2013

13 | Page 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. P receding 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 s 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 be based on applicable air quality m odels specified in Appendix W of 40 CFR part 51, an d 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 2008 8

- ho ur o zone NAAQS.

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.

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. Prece ding 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 2008 8

- hour o zone NAAQS.WDEQ

- AQD 2008 8

- Hour Ozone Infrastructure SIP December 2013

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

110(a)(2)(M) Non

- regulatory Document :

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 2008 8

- hour o zone NAAQS.

### Attachment A

The State of Wyoming 2008 8

- H our Ozone Infrastructure SIP Element 110(a)(2)(D)(i)(I) Support DocumentsWDEQ

- AQD 2008 8

- H our Ozone Infrastructure SIP ( Attachment A ) December 2013

2 Attach ment A

Interstate and International Transport Provisions for the 2008 8

- H our Ozone NAAQS

The Wyoming Department of Environmental Quality

- Air Quality Division (AQD) has identified nearby nonattainment areas from the U.S. Environmental Protection Agency’s (EPA’s) map of 8

- Hour Ozone Nonattainment Areas ( Figure 1 ) and evaluated the potential likelihood of impact from emissions in Wyoming to those nonattainment areas. The only ozone nonattainment area identified is the Denver

- Boulder

- Greeley

- Ft. Collins

- Loveland, Co lorado nonattainment area ( Denver NAA) . The Denver NAA is designated as “marginal” nonattainment for the 2008 8

- hour ozone National Ambient Air Quality Standard ( NAAQS ) . A “marginal” rating is the least significant rating of nonattainment possible.

Th e primary objective of the Cheyenne NCore Multi

- Pollutant Monitoring Project is to obtain ambient air quality and meteorological data for the purposes of incorporating it into the EPA’s National Core (NCore) Monitoring Network. NCore m onitoring methods an d strategies focus on the deployment of instrumentation to target air pollutants originating from the Cheyenne area, their concentrations, and their direction and extent of travel. As seen in Figure 2 , the Cheyenne NCore ambient air and meteorological mon itoring station is centrally located in the city of Cheyenne, W yoming in the extre me southeastern portion of the S tate . Cheyenne is also the closest capital city in Wyoming with an approximate county

- wide population of 91,000 citizens ( Figure 3 ) within pr oximity to the Denver NAA that hosts an expansive approximate population of 3 million ( Figure 3 ). The Denver NNA is located approximately 30 miles directly south of the southeastern Wyoming border (Figures 4 and 5 )

.
Meteorological data collected along with air quality parameters at the Cheyenne NCore monitoring station are used to better understand the local conditions and transport of air pollutants. The 2011 annual and quarterly wind rose s produced for the Wyoming Air Quality Monitoring Network Annua l Summary at the Cheyenne NCore Soccer Complex monitoring station (Figures 6 and 7 ), and a composite wind rose from Cheyenne for the y ears 2006 through 2010 (Figure 8 )

, show that prevailing winds in Cheyenne, Wyoming come from the west, northwest indicatin g that the transport of air pollutants is away from the Denver NAA.

The Che yenne NCore monitoring station became operational June 2010 , and provides two years of ambient air quality data to assess . O zone data for the year 2011 and three (3) quarters of the year 2012 gathered from the Cheyenne NCore station shows relativ ely low concentrations of

ozone, where no one (1) day in either year exceeded the 2008 8

- hour ozone NAAQS ( Table 1 )

. The combination of prevailing wind flow and low 8

- hour ozone concentr ation values indicate that the Denver NAA is not, and has not been

, significantly influenced by the transport of ozone and/or its precursors from Wyoming.

Other downwind, or potentially do wnwind S tates such as North Dakota, South Dakota , Nebraska and Kan sas do not have any areas designated as nonattainment for the 2008 8

- hour ozone standard. Based on this information, the State of Wyoming believes that ozone and ozone precursor emissions from Wyoming do not contribute to nonattainment or interfere with

m aintenance of the 2008 8

- hour ozone NAAQS in another S tate.WDEQ

- AQD 2008 8

- H our Ozone Infrastructure SIP ( Attachment A ) December 2013

3 Figure 1.WDEQ

- AQD 2008 8

- H our Ozone Infrastructure SIP ( Attachment A ) December 2013

4 F igure 2

.WDEQ

- AQD 2008 8

- H our Ozone Infrastructure SIP ( Attachment A ) December 2013

5 Figure 3.WDEQ

- AQD 2008 8

- H our Ozone Infrastructure SIP ( Attachment A ) December 2013

6 Figure 4

.WDEQ

- AQD 2008 8

- H our Ozone Infrastructure SIP ( Attachment A ) December 2013

7 Figure 5

.WDEQ

- AQD 2008 8

- H our Ozone Infrastructure SIP ( Attachment A ) December 2013

8 Figure 6

.WDEQ

- AQD 2008 8

- H our Ozone Infrastructure SIP ( Attachment A ) December 2013

9 Figure 7

.WDEQ

- AQD 2008 8

- H our Ozone Infrastructure SIP ( Attachment A ) December 2013

10 Figure 8

.WDEQ

- AQD 2008 8

- H our Ozone Infrastructure SIP ( Attachment A ) December 2013

11

Table 1. Cheyenne NCore Rolling 8

- H our Ozone Summary

NAAQS/WAAQS 1 Measured Value

2012 Jan. 1

– Sept. 30, 2012 2 Running 3 rd Quarter 75 ppb 3 Highest Daily Max: 73 ppb 4 th Highest Daily Max: 68 ppb

2011 Annual 75 ppb Highest Daily Max: 70 ppb 4 th Highest Daily Max: 67 ppb

1 National Ambient Air Quality Standards/Wyoming Ambient Air Quality Standards.

2 The 2012 4 th Quarter and Annual reports are being finalized and unavailable at this time.

3 To attain the O 3 standar d, the 3

- year average of the fourth

- highest daily maximum 8

- hour average O 3 concentrations must not exceed the standard.

### Attachment B



### The State of Wyoming 2008 8-hour Ozone Infrastructure SIP 

### Element JJO(a)(2)(E) Support DocumentSTATE OF WYOMING

EXECUTIVE DEPARTMENT

EXECUTIVE ORDER NO, 19 81

- 12

WHEREAS, it· is essential that those who come in contact with agencies have confidence that they will be d·ealt

wfrh fairly and that they· have the right to participate meaningft~lly 'in agency proc~edings, w~.ether the proceeding is a

formal contested case or an informal, legislative-type

proceeding j and

WHEREAS, ex parte contacts raise questions of fairness, accUracy in agency £act finding, unequai access to

agency decision makers and i~proper influence; ~nd

WHEREAS, the public's right to participate meaningfully in agencY· procedures. is e££e1tively nullified when the

agency decision is based not pn suHmissions and information ! known and available to all, but. ra'ther on the private co.nver~ 

### ' I sations and arguments to which the!public and the participating

parties have no access; and i '



### . WHEREAS, as with ex parte ~ontacts, -biased decision

making suggests that agency discre,ion has been und_uly

· influenced by factors outside the ·,!ecord;

• I NOW THEREFORE, by virtue of: the authority vested in me

' as Governor of Wyoming, I hereby o~der that.:

It is the obligation of thJ agency, consi~tent with

• I

. . I

, its duty to afford fair procedures land_ its responsibility·to

i provide a record for judicial l'evieW, to guard against-ex

parte contacts and bi_ased decision ~aking. Thus all officers,

commiss:i.oner5 or other agency memb_e;rs who hold their positions

by virtue of appointment thereto by; the Governor, or by the

Go_vernor 

### by and with the advice and; consent of the Senate

1 .who

are or may reasonably be .expected to be involved in the

agency's decisional process shall comply with the requirements

Page 1 of 4of the following Sections 1, 2, and 3. Failu.re to comply

shall constitute cause to justify and warrant removal as prov.ided for by W.S. 9-2-101.

Section 1. Contested Case Proceedings,
During the pendency of any contested case proceeding,

no agency official subject to this order shall solicit or

receive any off-the-record communic.ation relating to any

material issue of the .case·. Nevertheless, where such communications do inadvertently or accidentally occur, the agency

official shall:

a, Immediately draft a written document or summary
setting forth the contents and circumstances of the communication~

b. Mail the document to all parties to the proceeding

and all other agency officials involved in the decisional

process; and

c. Indicate that the matter covered in the communication will be considered at the next scheduled agency hearing

relating to the case, or as otherwise scheduled by the agency

with notice to all parties.

Section 2, Rule Making or Other Legislative-type Proceedings.

a. Once notice Of the proceedin·g has be"en iSsued, any

agency official subject to this order who is· contacted off the

record by a person outside the agency regarding a material

issue relevant to the merits of the proceeding before the

close of the public comment period shall:

(1) Immediately draft a written document or summary
setting forth the contents and circumstances of the commul1ication;

and

(2) Forward the document for inclusion in the administrative record so·that interested persons may comment thereon.

b. Any agency official subject to this order who is

contacted by a person outside the agency desiring to discuss a

material issue relevant to the merits of the proceeding after

the close of the public comment period shall:

Page 2 of 4**~** ..
·.'f·'

(1) Refuse to discuss the matter; or

(2) · Immediately draft a written document or summary

settin~ forth the contents and circumstances of the

communication; and

(3) Forward he document for inclusion in the

adminisfrative record arid

(4) If neces ary or desirable to assure an__effective

opportunity for publi par.ticipati<in, P.rovide · an opportunity

for the public to rev· ew the record of the discussi~n and to

comment before any ·decision is made.

Section 3. D'is ·ualification· for Bias.

Any agency off'cial subject to this order shall immediately disqualify him elf from those agency discussions and

decisions where .he can ot parti.cipate £!1ir:t.y in the proceeding

because of substantial bias or prejudgment with respect to any

material fact or is.Sue that must _be resolved.

Section 4. 

### No ice of this Order.

a, All agenc-i s with members or officials who are
subject to this · order hall distribute copies of this order to

all persons who have m de timely requests of the agency for

advanced notice of its rule making proceedings'·.

b. As a condi ion precedent

.. to removitl for 11 cause

deemed sufficient by tie Governor" this order has been filed

in the office of the Se retary of State, subject to inspection

by any interested perso See, W.S. 9-2-101.

se'ction 5. Con truction.

This order shal be liberally construed and imple-.

mented so as to promote fairness a?d openness, and eliminate

the appearance of impropriety ·in admin.istrative proceedings;

Provided however, that this ordCr shall not be constru.ed to

prohibit:

a. Discussions between the agency and the Attorney

General or its a~signed Assistant Attorney General;

Page 3 of 4b. Discuss ions between th·e agency and the Governor

or his designee for gen·eral supervision, direction and .con~rol

over the executive branch of. state government;

c.. Discussions relating to rule making or other
legislative-type proceedings between an agency and any state
legislator which are immaterial or substantially duplicative

of communications included in the record;

d, Information provided at the request of an agency

in a non-hearing case, where the agency has decided that

emergency conditio'ns_ exis_t and that this order would otherwise

prevent the obtaining of needed information in a timely

manner; and

e. Discussions or consultations expressly authorized
by 

### _w.s. 9•4-111 and 9-11-105, This express authorization

shall apply with equal force to rule ma.king or other

legislative-type proceedings.

Given under my hand and the Executive Seal of the

State of Wyoming this 15th day of December, 1981, at Cheyenne.

Page 4 of 4JIM GERINGER GOVERNOR STATE OF WYOMING OFFICE OF THE GOVERNOR 

## STATE OF WYOMING

EXECUTIVE DEPARTMENT

EXECUTIVE ORDER

1997~4 S'l'ATE CAP.ITOL CHEYENNE, WY 82002



### Pursuant to the authority vested in the Office of the Governor of 

### the State of Wyoming, I, Jim Geringer, Governor of the State of Wyoming, hereby issue this Executive Order adopting the following Executive Branch Code of Ethics in the interest of better serving the citizens of the State of Wyoming through the provision of ethical standards applicable 

### to all public officials, elected officials, appointees, and employees of the Executive Branch of the State of 

### Wyoming. This Code of Ethics does not apply to employees of 

### the University of Wyoming

or community colleges.



## STATE OF WYOMING

EXECUTIVE BRANCH CODE OF ETHICS

1. Purpose. 

### Those who serve the people of the State of Wyoming should do

so with integrity. Neither impropriety nor the appearance of impropriety should

occur. This Code of Ethics is intended to serve as a yardstick by which the conduct of all who serve in the Executive Branch of the State of Wyoming can be measured.

ll-MAIL: govemor@missc.state.wy.us
WllB PAGE: www.state.wy.us State of Wyoming

- Executive Branr,h Code of Ethics

-page l • 

# 0 'l'ELEPRONE: (307) m-7434
TDD: (307) m-7860 FAX: (307) 632-3909(,•''1:'.\

'•,:",::·,

. 

# ... 2. Scope. 

### This Code of Ethics is applicable to all employment-related activities of public officials, elected officials, appointees and employees of the Executive Branch of the State of Wyoming. The term "public employees" shall be used In this Code of Ethics 

## to include all public officials, appointees (whether or not they receive compensation) and employees of the Executive Branch. This Code of Ethics extends, but does not supersede, those duties and standards of conduct which are delineated in constitution, statute, or rule. In the event of any conflict between this Code of Ethics and any applicable constitution, statute, or rule, the constitution, statute, or rule shall prevail.

3. Statement on Gender Pronouns. 

### Throughout this Code of Ethics, gender
pronouns are used interchangeably. In cases where there is one individual holding a particular office, the gender pronoun applicable 

## to the person holding that office as of the date of this writing has been used.. In all other instances, the drafters have attempted 

### to utilize each gender pronoun in equal numbers, with random distribution.

4. Administration of 

### this Code of 

### Ethics. This Code of Ethics shall be administered by each agency of the state of wyomlng in accordance with the following:

A. No agency shall delete any part of this Code of Ethics.

B. An agency head who receives an allegation of a violation of this -Code of Ethics shall promptly investigate 

## to determine whether the allegation 

# is true. Allegations which are found to be 

### de minimis in nature shall be handled accordingly. If the allegation is true, the agency head shall take appropriate action. For permanent employees, such actions shall be in accordance with the State of Wyoming Personnel Rules.

C. Allegations concerning violations of this Code of Ethics by an agency head or appointee shall be investigated by the Governor or his designee. Allegations which are found to be de 

### minimis in nature shall be handled accordingly. If the allegation is true, the Governor or his designee shall take appropriate action.

State ofWyomiug-Exooutive Brauch Code afEthios -page2-_. 

### 5. General Responslbllltles. 

### All pUblic employees shall:

A. Uphold the Constitutions of the United States and of the State of Wyoming.

B. Abide by the laws of the United States and of the State of Wyoming.

C. Carry out the policies and objectives of the State of Wyoming as established by statute; executive order, or rule, while adhering to estabfuthed_standards for work and performance.

D. Work in cooperation 

### with other public employees, and act within the scope of the authority delegated to them.

E. Protect and conserve all property owned, held by, or leased to the State of Wyoming, including public records. [See Wyo. Stat. §§ 

### 16-4-201 through 205.]

F. Be honest and fair.in performing public service.

G. Strive to be honorable, courteous, and dedicated to advancing the public good.

H. Avoid conduct that compromises the integrity of the public office or creates the appearance of impropriety.

6. Prohibited Activities. 

### Except as provided in Section 7, no public employee shall engage in:

A. Any activity which constitutes a conflict of interest with her employment. Such prohibited conduct includes, but is not necessarily limited to:

i. 

### Using public office or public employment for personal gain.

Stru:e of Wyoming -Executive Branch Code ofEthios

- page 3

- •(c\1

'::,..l'



### ii. Taking official action in a matter in which the public employee has a. close personal or financial relationship· to a party.

iii. 

### Engaging In activities Which conflict with the public employee's official position of employment.

iv. Except as allowed by state law or State of 

### Wyoming Personnel Rules, giving preferential treatment 

## to any person. · ·

v. Except when functioning as a:n advocate for a client

or an agency, making decisions which are not independent and impartial.



## B. Conduct which constitutes an abuse of authority. (See Section
7G 

### (Allowed Activities) of this Code of Ethics, for a 

### discussion of activities such as fund raising for recognized organizations which take place on the public employee's own time, which generally do not constitute an abuse of authority.] Conduct which constitutes an abuse of authority includes, but is not necessarily limited to:

i. 

### Using or allowing the use by any private party of official information obtained through or in connection with the public employee's employment by the State of Wyoming, unless such information is available to the general public or unless dissemination is permitted by law.

ii. Awarding, participating in a decision to award or participating in 

### the administration of a 

### State of 

### Wyoming contract, if the employee or any person with whom the employee has a close personal or financial relationship [this includes all members of the public employee's immediate family] is a party to the contract.

State of Wyoming

- EKoculivo Brunch Code ofEihws -paao4-

### -------------·------~



### iiL Except as provided for in Sections 7A and 7B (Allowed Activities} of this Code of Ethics, acceptance

or solicitation by a supervisor of contributions or gifts from subordinate employees. A supervisor may neither solicit nor accept gifts directly or indirectly, for herself or for another person.

iv. Accepting meal expense, lodging or reimbursement for travel or expenses incident 

## to travel

on official business from any source other than the State of Wyoming without approval of the agency head. Under no circumstances should a state employee accept items of this nature or gifts if the

. employee or his agency is involved in an adversarial

proceeding with the outside contributing source.

C. Outside employment or any other outside activity which is incompatible with the full and proper discharge of the publfc employee's duties arid responsibilities to the State of Wyoming. [For this reason, all honoraria, fees for speaking engagements, and other such compensation received because of the public employee's position 

### with the State of Wyoming must be deposited in the General Fund.] Activities incompatible with the public employee's duties Include, but are not necessarily limited to:

i. 

### Accepting any fee, compensation, gift, payment of expense or any other thing of monetary value ln circumstances which create the appearance of a conflict of interest or impropriety, whether or not such conflict of interest or impropriety actually exists.



## IL Receiving a salary or any other thing of monetary value from a private source as compensation for the public employee's services to the State of Wyoming. [This section does not apply to appointees to boards and commissions who do not receive a salary from the State.]

State of Wyoming -Executive Bnmoh Code ol'Etltlos
-pages.•; t~'~ '{i}>



### D. ihe use of or allowing the use of property owned or held by the State of Wyoming [including leased property] for any purpose other than carrying on the official business of the State of Wyoming. Prohibited activities include:

i. Selling or soliciting for personal gain any product or service such as cosmetics, food items, or household goods and services, during official office hours in or on property owned or held by the State of Wyoming. The agency head may make written exceptions to this prohibition, for solicitation on behalf of non-profit

. organ lzations.

ii. Transacting personal business during work hours to the extent that it interferes or detracts from the employee's performance of his duties.



### iii. Unless required for official business and previously approved by the public employee's supervisor, the use of any facility or building owned or leased by the State of Wyoming as the principal residence or address of any business other than the agency by whom the public employee Is employed.

7. Allowed Activities. A public employee may, notwithstanding the provisions of Section 6 above:

A. Solicit or accept voluntary gifts of nominal value or nominal donations. Examples of 

### permissible gifts include voluntary gifts made upon the occasion of marriage, illness, or retirement, or made for charitable or civic purposes.

B. Solicit or accept any thing of monetary value from a friend, parent, spouse, child or other close relative when it is clear from

State of Wyoming

- Executive Branch Code crfEthics •pllflll 6 •

# --,_-,n

__ , ___ ,,,'""'''•'!<·

. .m•=••• --~="'•=T=·••••·=w·="'>''="•••=•"'O,_"' 

# ---=~-~~--~-----""-'"''=-----

the circumstances that the motivation for the action is a personaL

or familial relationship. · ·· ·

C. Accept loans from banks or other financial institutions on customary terms of finance for the 

### proper and usual activities of the public employee, such as home mortgage loans.

D. Accept unsolicited advertising or promotional material of nominal value, such as pens, pencils, note pads, and calendars.

E. 

### Engage in a reasonable amount of communication with family members, day care providers, medical professionals, and similarly situated individuals· during the work day. [It is incumbent upon each public employee to learn from her supervisor what is considered reasonable in a particular situation.]

F. Engage in teaching, lecturing, or writing for compensation. when those activities are not related to the public employee's employment by the State of Wyoming. [Each public employee should seek approval from her supervisor prior to engaging in such teaching, lecturing, or writing for compensation.]

G. In his private capacity, solicit persons or organizations to obtain goods, services, grants, or loans on behalf of a recognized charitable or fraternal organization.

8. Requests for Approval of Activities. 

### In all cases enumerated above where a public employee is advised to consult with his supervisor prior to engaging in an activity; and in every instance where the public employee is not certain whether a particular activity is allowed by the Code of Ethics, he should consult with his supervisor prior to engaging in the questioned activity. If the public employee requests a written response from the supervisor, the supervisor should respond in writing. This Code of Ethics provides that:

A. No public employee shall be penalized for inquiring of her supervisor regarding prior approval of an activity in which she wishes to engage.

State of Wyoming

- Exeoutivc Bmnoh Code ofEthics -page7-,: .·•.--.. t _:.J

··/·

..

_. 

### 8: · 

### it a public employee inquires regarding an activity in which he wishes to engage and his supervisor informs him that engaging in such activity would violate· this Code of Ethics, and the. public employee then engages in such activity, his supervisor may take appropriate disciplinary action. For permanent employees, such actions shall be in accordance with the State of Wyoming Personnel Rules.

9. Elected Officials. 

### Elected officials occupy their positions as a result of political election. As such, they may participate in political activities. Elected officials must disclose items or services received from outside sources 1 

### which have a value of $250 or more.2 The disclosure shall be made by filing a list of the items or services received during each calendar year with the Secretary of State. The filing sha/J be made by February 15 of the following year. The list shall be divided into items which will be retained by the elected official as a private gift and Items which will be left as property of the State of Wyoming when the elected official leaves office. This Order shall be effective on December 15, 1997, and shall remain In effect until amended. ·

Gi;:1.9n under my hand and the Executive Seal of the State of Wyoming this 

## :3 day of December, 1997.

m Geringer Governor of the State 

## ...

1 

### Items do not include inherited items. Outside sources do not include 

### family members.

1Jonations to a political campaign reported pur,'Uant to WYO. 

### STAT.§ 22-25-106 are exempt from this reporting requirement.

St!lto ofWyrnning "Executive Branch Code of Ethics -page8-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; 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; conduct any political activity on State time; or be a candidate for partisan elective office if employed in a program covered by the Federal Hatch Act.

(b) 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. 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. 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.

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. 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. In the case of the former, both agency heads shall first agree to the terms of the dual employment. Dual employment within State service shall have prior approval of the Human Resources Division.

(b) An agency head may allow an employee to work for another employer

so long as the employee performs satisfactorily and there is no conflict of hours. No employee shall engage in outside employment or other activity which is not

1-6

State of Wyoming Personnel Rules

- Effective 11-2-09 Chapter 1