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 

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FAX 777-7682 FAX 777-6'162 

AIR QUALITY 

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FAX 777-5616 

INDUSTl-<IAL SITING 

(;10/) '1T1-7369 

FAX 777-5973 

LAND QUALITY 

(307) 777-7156 

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SOLID & HAZ. WASTE 

(]07) 7T!-77()2 

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WATER QUALITY 

(307) T77- 77g·1 

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STATE OF WYOMING

110 Infrastructure SIP Elements for the 

2008 8-Hour 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 approval 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 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 9/12/2003

b. EPA final Federal Register 7/28/2004; 69 FR 44965

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

i. Original State regulations submitted 1/28/72
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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 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, 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 5/24/2012

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 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 12/21/12

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

programs.

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

8-hour ozone 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) 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
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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 approved 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 document 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 recent regulatory SIP document submitted 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 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 approval pending

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
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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:

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

110(a)(2)(B) for the 2008 8-hour ozone 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.

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

4. 3/3/08 Memorandum from Cynthia Cody, EPA Region 8, clarifications regarding 110 SIP 

infrastructure submissions for PM2.5, specifically addressing the current unavailability of EPA rules 

or guidance on PM2.5 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 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 documents 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
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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

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 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.

Wyoming’s program for enforcement of control measures meets the requirements of the CAA section 

110(a)(2)(C) for the 2008 8-hour ozone 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

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
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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 documents 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 7/28/2004, 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:

The WDEQ-AQD (AQD) identified a nearby ozone nonattainment area to be located in the State 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 nonattainment or interfere with maintenance of 

the 8-hour 2008 ozone National Ambient Air Quality Standard (NAAQS) in Colorado or another State. 

(Attachment A)

The State of Wyoming has one nonattainment area (NAA) for ozone. The NAA designation for the 

Upper 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 letter 4/30/12) that 

remaining areas, including downwind counties, in the State 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 interferes with maintenance in another State.
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EPA has not provided final Interstate Transport Guidance for the 2008 ozone standard which would 

establish any additional technical requirements associated with demonstrating whether a State has

transport impacts on a nearby State(s).

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 2008 

8-hour ozone NAAQS. Therefore, Wyoming’s infrastructure SIP meets the requirements of CAA 

section 110(a)(2)(D)(ii) for the 2008 8-hour ozone 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 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

3. Wyoming Environmental Quality Act 

a. Section 9-13-106, Official decisions and votes
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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 and purpose

e. Section 35-11-109, Powers and duties of director

f. 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 2008 8-hour 

ozone NAAQS.

Wyoming statutes 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 ozone 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 ozone 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 2008 8-hour ozone 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

3. 3/3/08 Memorandum from Cynthia Cody, EPA Region 8, clarifications regarding 110 SIP 

infrastructure submissions for PM2.5, specifically addressing the current unavailability of EPA rules 

or guidance on PM2.5 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 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, 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 pollution emergency episodes meets the requirements of the CAA 

section 110(a)(2)(G) for the 2008 8-hour ozone 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 submitted to EPA on 4/30/81

b. Approved by EPA 4/19/83; 48 FR 16682
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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 ozone 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 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 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 

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 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 38473
WDEQ-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 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

2. 3/3/08 Memorandum From Cynthia Cody, EPA Region 8, clarifications regarding 110 SIP

infrastructure submissions for PM2.5, specifically addressing the current unavailability of EPA rules 

or guidance on PM2.5 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 documents 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). 

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 2008 8-hour ozone 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
WDEQ-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 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 documents 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 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 2008 8-hour ozone 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. 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 2008 8-

hour ozone 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 participation 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 ozone NAAQS.
Attachment A

The State of Wyoming 2008 8-Hour Ozone Infrastructure SIP

Element 110(a)(2)(D)(i)(I) Support Documents
WDEQ-AQD 2008 8-Hour Ozone Infrastructure SIP (Attachment A)

December 2013

2

Attachment A

Interstate and International Transport Provisions for the 2008 8-Hour 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, Colorado 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. 

The 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 monitoring methods and 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 monitoring station is centrally located in the city of 

Cheyenne, Wyoming in the extreme southeastern portion of the State. Cheyenne is also the 

closest capital city in Wyoming with an approximate county-wide population of 91,000 citizens 

(Figure 3) within proximity 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 roses produced for the Wyoming Air Quality 

Monitoring Network Annual Summary at the Cheyenne NCore Soccer Complex monitoring 

station (Figures 6 and 7), and a composite wind rose from Cheyenne for the years 2006 through 

2010 (Figure 8), show that prevailing winds in Cheyenne, Wyoming come from the west, 

northwest indicating that the transport of air pollutants is away from the Denver NAA. 

The Cheyenne NCore monitoring station became operational June 2010, and provides two years 

of ambient air quality data to assess. Ozone data for the year 2011 and three (3) quarters of the 

year 2012 gathered from the Cheyenne NCore station shows relatively 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 concentration 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 downwind States such as North Dakota, South Dakota, Nebraska

and Kansas 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 

maintenance of the 2008 8-hour ozone NAAQS in another State. 
WDEQ-AQD 2008 8-Hour Ozone Infrastructure SIP (Attachment A)

December 2013

3

Figure 1.
WDEQ-AQD 2008 8-Hour Ozone Infrastructure SIP (Attachment A)

December 2013

4

 Figure 2.
WDEQ-AQD 2008 8-Hour Ozone Infrastructure SIP (Attachment A)

December 2013

5

Figure 3.
WDEQ-AQD 2008 8-Hour Ozone Infrastructure SIP (Attachment A)

December 2013

6

Figure 4.
WDEQ-AQD 2008 8-Hour Ozone Infrastructure SIP (Attachment A)

December 2013

7

 Figure 5.
WDEQ-AQD 2008 8-Hour Ozone Infrastructure SIP (Attachment A)

December 2013

8

Figure 6.
WDEQ-AQD 2008 8-Hour Ozone Infrastructure SIP (Attachment A)

December 2013

9

Figure 7.
WDEQ-AQD 2008 8-Hour Ozone Infrastructure SIP (Attachment A)

December 2013

10

Figure 8.
WDEQ-AQD 2008 8-Hour Ozone Infrastructure SIP (Attachment A)

December 2013

11

Table 1. Cheyenne NCore Rolling 8-Hour Ozone Summary

NAAQS/WAAQS1 Measured Value

2012 

Jan. 1 – Sept. 30, 20122

Running 3rd Quarter

75 ppb3 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 4th Quarter and Annual reports are being finalized and unavailable at this time.

3 To attain the O3 standard, the 3-year average of the fourth-highest daily maximum 8-hour average O3

 concentrations must not exceed the standard.
Attachment B 

The State of Wyoming 2008 8-hour Ozone Infrastructure SIP 

Element JJO(a)(2)(E) Support Document 
STATE 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 4 
of 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 4 
b. 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 4 
JIM 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 

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State of Wyoming Personnel Rules - Effective 11-2-09 Chapter 1