# • 

# ..

REDLINE/STRIKEOUT SUMMARY VERSION

FORINFORMATIONAL PURPOSES ONLY EPA PENDING SIPAPPROVALS

- CHAPTER SECTIONS 4 13 

### AND 14- R-18 (5/11/2011), AND

PermittingRequirements 

### CHAPTER6 Section 4. Prevention ofsignificant deterioration. (a) Definitions. For purposes ofthis section: 

### "Actual emissions" means the actual rate ofemissions ofa regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (i) through (iii) ofthis definition, exceptthat this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under paragraph (b)(xv) ofthis section. Instead, the definitions for "Projected actual emissions" and "Baseline actual emissions" ofthis section shall apply for those purposes. (i) In general, actual emissions as ofa particular date shall equal the average rate, in tons peryear, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative ofnormal source operation. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored, or combusted during the selected time period. (ii) The Division may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions ofthe unit. (iii) For any emissions unitthat has not begun normal operations onthe particular date, actual emissions shall equal the potential to emit ofthe unit on that date. 

### "Administrator" means Administrator ofthe Division ofAir Quality, Wyoming Department ofEnvironmental Quality. 

### "Allowable emissions"means the emission rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to enforceable permit conditions which limit the operating rate or hours ofoperation, or both) and the most stringent ofthe following:

6-1

### (i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these regulations and other new source performance standards and national emission standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the State ofWyoming. (ii) Any other applicable emission limit in these regulations. (iii) The emission rate agreed to bythe owner or operator as an enforceable permit condition. 

### "Baseline actualemissions" means the rate ofemissions, in tons peryear, ofa regulated NSR pollutant, as determined in accordance with paragraphs (i) through (iv) of this definition. (i) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons peryear, at which the unit actually emitted the pollutant during any consecutive 24-month period selected bythe owner or operator within the 5-yearperiod immediately preceding when the owner oroperatorbegins actual construction ofthe project. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) For a regulated NSRpollutant, when a project involves multiple emissions units, only one consecutive 24-monthperiod must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. (D) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired by paragraph (i)(B) ofthis definition. (ii) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected bythe owner oroperator within the 1 0-yearperiod immediately preceding eitherthe date the owner oroperator begins actual construction ofthe project, orthe date a complete permit application is received by the Division for a Chapter 6, Section 4

6-2

### permit, whichever is earlier, except that the 10-yearperiod shall not include any period earlierthan November 15, 1990. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (C) The average rate shall be adjusted downward to exclude any emissions thatwould have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period; however, ifan emission limitation is part ofa maximum achievable control technology standard that the EPA Administrator proposed orpromulgated under 40 CFR 63, the baseline actual emissions need only be adjusted ifthe Division has taken credit for such emissions reductions in an attainment demonstration ormaintenance plan consistent with the requirements of40 CFR 51.165(a)(3)(ii)(G). (D) For a regulated NSRpollutant, when a project involves multiple emissions units, only one consecutive 24-monthperiod must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-monthperiod can be used for eachregulatedNSRpollutant. (E) The average rate shall not be based on any consecutive 24- month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired byparagraphs (ii)(B) and 

### (C) ofthis definition. (iii) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all otherpurposes, shall equal the unit's potential to emit. (iv) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (i) 

### ofthis definition, for other existing emissions units in accordance with the procedures contained in paragraph (ii) ofthis definition, and for a new emissions unit in accordance with the procedures contained in paragraph (iii) ofthis definition. · 

### "Baseline area"means any intrastate area (and every part thereof) designated as attainment or unclassifiable under the Federal Clean AirAct in which a major source or major modification establishing the minor source baseline date would construct orwould

6-3(i) The following baseline areas have been designated as separate particulate matter attainment areas under section 107 ofthe Clean AirAct: (A) The Powder River Basin Area, described as that area bounded by Township 40 through 52 North, and Range 69 through 73 West, inclusive ofthe Sixth Principal Meridian, Campbell and Converse Counties, excluding the areas defined as the Pacific Power and Light attainment area and the Hampshire Energy attainment area. (B) The Pacific Power and Light Area, described as that area bounded by the NWY4 ofSection 27, T50N, R71W, Campbell County, Wyoming. 

### (C) The Hampshire Energy Area, described as that area bounded by Section 6 excluding the SWY4; E\12 Section 7; Section 17 excluding the SWY4; Section 14 excluding the SEY4; Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 ofT48N, R70W and Section 26 excluding the NEY4; SWY4 Section 23; Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34,35 ofT49N, R70W, Campbell County, Wyoming. (D) The Kennecott-Puron Area, described as the area bounded by the WY2SWY4 Section 18, WY2NWY4, NWY4SWY4 Section 19, T47N, R70W, S\12 Section 13, N\12, NY2SWY4, NY2SEY4 Section 24 T47N, R71W, Campbell County, Wyoming. (E) The remainder ofthe State ofWyoming. (ii) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM10 increments. 

### "Baseline concentration"means that ambient concentration level which exists in the baseline area at the time ofthe applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: (i) The actual emissions, as defined in this section, representative of sources in existence on the applicable minor source baseline date, except as provided in paragraph (iv) ofthis definition; (ii) The allowable emissions ofmajor stationary sources which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date;

6-4(iii) Contributions due to emissions from any emitting source or modification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a) and qualified as "major" priorto August 7, 1980 only because fugitive emissions were included in determining potential to emit, (2) submitted a complete permit application under Chapter 6, Section 4(b) orthe Federal Clean Air Act priorto August 7, 1980, and (3) was in existence as ofthe minor source baseline date; (iv) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increment: (A) Actual emissions, as defined in this section, from any major stationary source on which construction commenced afterthe major source baseline date; and (B) Actual emissions increases and decreases, as determined in accordance with the definition for "Actual emissions" in this section, at any stationary source occurring after the minor source baseline date. 

### "Begin actualconstruction"means, in general, initiation ofphysical on-site construction activities on an emissions unit which are ofa permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofunderground pipework, and construction ofpermanent storage structures. With respect to a change in method ofoperation this term refers to those onsite activities, other than preparatory activities, which mark the initiation ofthe change. 

### "Bestavailable controltechnology"means an emission limitation (including a visible emission standard) based on the maximum degree ofreduction ofeachpollutant subjectto regulation underthese Standards and Regulations orregulation underthe Federal Clean Air Act, which would be emitted from orwhich results for any proposed major stationary source ormajor modification which the Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source ormodification through application or production processes and available methods, systems, and techniques, including fuel cleaning ortreatment or innovative fuel combustion techniques for control ofsuch pollutant. Ifthe Administrator determines that technological oreconomic limitations on the application ofmeasurement methodology to a particular emissions unit would make the imposition ofan emission standard infeasible, he may instead prescribe a design, equipment, workpractice or operational standard orcombinationthereofto satisfy the requirement ofBestAvailable Control Technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation ofsuch design, equipment, workpractice, or operation and shall provide for compliance by means which achieve equivalent results. Application ofBACT shall notresult in emissions in excess ofthose allowed under Chapter 5, Section 2 or Section 3 ofthese regulations and any other new source performance standard ornational emission standards for hazardous air pollutants promulgated by the EPA butnot yet adopted by the State ofWyoming.

6-5

### "Clean coaltechnology"means any technology, includingtechnologies applied at the precombustion, combustion, orpost combustion stage, at a new or existing facility which will achieve significantreduction in air emissions ofsulfur dioxide or oxides of nitrogen associated with the utilization ofcoal in the generation ofelectricity, orprocess steam which was not in widespread use as ofNovember 15, 1990. 

### "Clean coaltechnology demonstrationproject"means a projectusing funds appropriated underthe heading "Department ofEnergy-Clean Coal Technology", up to a total amount of$2,500,000,000 for commercial demonstration ofclean coal technology, or similarprojects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost ofthe demonstration project. 

### "Commenced", as applied to construction ofa major stationary source ormajor modification, means that the owner oroperatorhas obtained a Construction Permit required by Chapter 6, Section 2 and either has (i) begun, or caused to begin, a continuous program ofactual on-site construction ofthe source or (ii) entered into binding agreements or contractual obligations, which cannot be canceled ormodified without substantial loss to the owner oroperator, to undertake a program ofconstruction ofthe source to be completed within a reasonable time. 

### "Complete" means, in reference to an application for a permit, thatthe application contains all the information necessary for processing the application. Designating an application complete for purposes ofpermitprocessing does notpreclude the Division from requesting or accepting any additional information. 

### "Construction"means any physical change orchange in the method ofoperation (including fabrication, erection, installation, demolition, ormodification ofan emissions unit) which would result in a change in emissions. 

### "Continuous emissionsmonitoringsystem (CEMS)" means all ofthe equipment that may be required to meet the data acquisition and availability requirements ofthis section, to sample, condition (ifapplicable), analyze, and provide a record ofemissions on a continuous basis. 

### "Continuous emissions rate monitoringsystem (CERMS)" means the total equipment required for the determination and recording ofthe pollutant mass emissions rate (in terms ofmass per unit oftime). 

### "Continuousparametermonitoringsystem (CPMS)" means all ofthe equipment necessary to meet the data acquisition and availability requirements ofthis section, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow

6-6

### rate, 0 2 

### orC02 

### concentrations), and to record average operational parameter value(s) on a continuous basis. 

### "Electric utility steamgenerating unit"means any steam electric generating unit that is constructed for the purpose ofsupplying more than one-third ofits potential electric output capacity and more than 25 MW electrical outputto any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose ofproviding steam to a steam-electric utility steam generatorthat would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. 

### "Emissions unit"means any part ofa stationary source that emits orwould have the potential to emit any regulated NSRpollutant and includes an electric utility steam generating unit as defined in this section. Forpurposes ofthis section, there are two types ofemissions units as described in paragraphs (i) and (ii) 

### ofthis definition. (i) A new emissions unit is any emissions unit that is (or will be) newly constructed and thathas existed for less than 2 years from the date such emissions unit first operated. (ii) 

### An existing emissions unit is any emissions unitthat does not meet the requirements in paragraph (i) 

### ofthis definition. 

### "Enforceable" means all limitations and conditions which are enforceable under provisions ofthe Wyoming Environmental Quality Act and/or are federally enforceable by the Administrator ofthe EPA, including those requirements developed pursuantto 40 CFR parts 60 and 61, requirements within the State Implementation Plan, and any permit requirements established pursuant to 40 CFR 52.21 orunder regulations approved pursuant to 40 CFR 51.18 or 51.166. 

### "FederalLandManager"means, with respect to any lands in the United States, the Secretary ofthe Department with authority over such lands. 

### "Fugitive emissions"means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

6-7

# •

6-8

### "High terrain"means any area having an elevation 900 feet ormore above the base ofthe stack ofa source. 

### "Indian GoverningBody"means the governing body ofany tribe, band, or group ofIndians subjectto thejurisdiction ofthe United States and recognized bythe United States as possessing power ofself-Government. 

### "IndianReservation"means any federally recognized reservation established by treaty, agreement, executive order, or act ofCongress. 

### "Innovative controltechnology" means any system ofairpollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice orofachieving at least comparable reductions at lower cost in terms ofenergy, economics, ornon air quality environmental impacts. 

### "Lowest achievable emission rate (LAER)"means, for any source, the more stringent rate ofemissions based onthe following: (i) The most stringent emissions limitation which is contained in the implementation plan ofany State for such class or category ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or (ii) The most stringent emissions limitation which is achieved in practice by such class or category ofstationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new ormodified emissions units within a stationary source. In no event shall the application ofthe term permit a proposed new ormodified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard ofperformance. 

### "Low terrain"means any area other than high terrain. 

### "Majormodification"means any physical change in or change in the method of operation ofa major stationary source thatwould result in: a significant emissions increase (as defined in the definition for "Significant emissions increase" in this section) ofa regulated NSRpollutant (as defined in the definition for "RegulatedNSRpollutant" in this section); and a significant net emissions increase ofthat pollutant from the major stationary source. Any significant emissions increase (as defined in the definition for

6-9

### "Significant emissions increase" in this section) from any emissions units or net emissions increase (as defined in the definition for "Netemissions increase" in this section) at a major stationary source that is significant for volatile organic compounds or NOx shall be considered significant for ozone. (i) A physical change or change in the method ofoperation shall not include: (A) Routine maintenance, repair and replacement. (B) Use ofan alternative fuel by reason ofan order under section 125 ofthe Federal Clean Air Act; 

### (C) An increase in the hours ofoperation or in the production rate, ifsuch increase does not exceed the operating design capacity ofthe major stationary source unless such change would be prohibited by, or inconsistentwith, an enforceable permit issued by the Division; (D) Use ofan alternative fuel or raw material by reason ofan order in effect under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), orby reason ofa natural gas curtailment plan in effect pursuant to the Federal Power Act; (E) Use ofan alternative fuel orraw material, ifprior to January 6, 1975, the source was capable ofaccommodating such fuel ormaterial unless such change would be prohibited by, or inconsistent with, an enforceable permit issued by the Division, or ifthe source is approved to use such fuel or material through an enforceable permit issued underthese regulations; (F) Change in ownership ofthe stationary source; (G) The use ofmunicipal solid waste as an alternative fuel at a steam generating plant; (H) The installation, operation, cessation orremoval ofa temporary clean coal technology demonstration project, provided that the project complies with: (I) 

### The Wyoming State Implementation Plan, and (II) Otherrequirements necessaryto attain and maintain the national ambient air quality standards during the project and after it is terminated. (I) 

### The installation oroperation ofa permanent clean coal technology demonstration projectthat constitutes repowering, provided that the project

6-10

### does not result in an increase in the potential to emit ofany regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutantbasis. (J) The reactivation ofa very clean coal-fired electric utility steam generating unit. (ii) This definition shall not apply with respect to a particularregulated NSRpollutantwhen the major stationary source is complying with the requirements under paragraph (b)(xv) ofthis section for a PAL for that pollutant. Instead, the definition in paragraph (b)(xv)(B) for "PAL major modification" ofthis section shall apply. 

### "Major source baselinedate" means: (i) 

### In the case of and sulfur dioxide, January 6, 1975;and (ii) In

### the case ofnitrogen dioxide, February 8, 1988.



### "Major stationary source"means (a) any ofthe following stationary sources of airpollutants which emit, or have the potential to emit, one hundred tons peryear ormore ofany airpollutant for which standards are established under these Standards and

.........**~u**..... ·,

Jll" 

### orunder the Federal Clean Air fossil fuel-fired steam electric plants ofmore than two hundred and fifty million British thermal units perhour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, Portland Cementplants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable ofcharging more than two hundred and fifty tons ofrefuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon blackplants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (which does not include ethanol production facilities thatproduce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil fuel boilers (or combinations thereof) ofmore than two hundred and fifty million British thermal units perhour heat input, petroleum storage and transferplants with a capacity exceeding three hundred thousand barrels, taconite ore processing plants, glass fiber processingplants, charcoal production plants. (b) 

### Such term also includes any stationary source which emits, or has the potential to emit, two hundred and fifty tons per year ormore ofany air pollutant for which standards are established under these Standards and · under the Federal Clean Air (c) Such term also includes any physical change that would occur at a stationary source not otherwise qualifying under this definition ifthe change would

6-11

### constitute a major stationary source by itself. (d) A major source which is volatile or

### NOx is considered to be for ozone.



### "Minorsource baseline date" means the earliest date after August 7, 1977 for and sulfur · · and after February 8, 1988 for nitrogen oxides, on which a major stationary source ormajor modification submits a complete permit application under Chapter 6, Section 4(b) or under the Federal Clean AirAct. (i) The minor source baseline date for sulfur dioxide for the State of Wyoming is February 2, 1978. (ii) The minor source baseline date for nitrogen oxides for the State of Wyoming is February 26, 1988. (iii) The minor source baseline date for is as follows: (A) For the Powder River Basin Area- March 6, 1997; (B) Forthe Pacific Power and Light Area- June 18 1980; (C) Forthe Hampshire Energy Area- September 30, 1982; (D) For the Kennecott-Puron Area- February 27, 1995; (E) Forthe rest ofthe State ofWyoming- February 22, 1979. (iv) The baseline date is established for eachpollutant for which increments orother equivalent measures have been established, if: (A) The area in which the proposed source ormodification would construct is designated as attainment orunclassifiable under the Federal Clean Air Act for the pollutant on the date ofits complete application; and (B) In the case ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant.

6-12(v) The baseline date is not established bythe permit application for an emitting source ormodification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a), (2) qualified as "major"priorto August 7, 1980 only because fugitive emissions were included in determining potential to emit, and (3) submitted a complete permit application under Chapter 6, Section 4(b) or the Federal Clean AirActprior to August 7, 1980. (vi) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM 10 increments. 

### "Net emissions increase"means, with respect to any regulated NSRpollutant emitted by a major stationary source, the amount by which the sum ofthe following exceeds zero: (i) The increase in emissions from a particularphysical change orchange in the method ofoperation at a stationary source as calculated pursuantto paragraph (b)(i)(J) ofthis section; 

### (ii) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph (ii) shall be determined as provided in the definition for "Baseline actual emissions", except that paragraphs (i)(C) and (ii)(D) ofthe definition for "Baseline actual emissions" shall not apply. (iii) An increase ordecrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs between: (A) The date five years before construction onthe particular change commences; and (B) The date that the increase from the particular change occurs. (iv) An increase or decrease in actual emissions is creditable only if: (A) The Division has not relied on it in issuing a Chapter 6, Section 4 permit for the source, which is in effect when the increase in actual emissions from the particular change occurs. (v) An increase ordecrease in actual emissions ofsulfur dioxide, particulate matter, ornitrogen oxides that occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculating the amount ofmaximum allowable increases remaining available.

6-13(vi) An increase in actual emissions is creditable only to the extentthat the new level ofactual emissions exceeds the old level. (vii) A decrease in actual emissions is creditable only to the extent that: (A) The old level ofactual emissions orthe old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (B) It is enforceable as a practical matter at and afterthe time that actual construction on the particular change begins; 

### (C) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and (viii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particularpollutant. Any replacement unitthatrequires shakedown becomes operational only after a reasonable shakedown period, notto exceed 180 days. (ix) The definition of"Actual emissions" ofthis section, shall not apply for determining creditable increases and decreases. 

### "Potentialto emit"means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Anyphysical or operational limitation on the capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions on hours ofoperation orthe type or amount ofmaterial combusted, stored, orprocessed, shall betreated as part ofits design ifthe limitation or the affect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. 

### "Predictive emissions monitoringsystem (PEMS)" means all ofthe equipment necessary to monitorprocess and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, 

### 02 or 

### C02concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 

### "Project" means a physical change in, or change in method ofoperation of, an existing major stationary source. 

### "Projectedactualemissions"means the maximum annual rate, in tons per year, at which an existing emissions unit is projectedto emit a regulatedNSRpollutant in any one ofthe 5 years (12-month period) following the date the unit resumes regular operation afterthe project, or in any one ofthe 10 years following that date, ifthe project involves increasing the emissions unit's design capacity or its potential to emitthat

6-14regulated NSRpollutant, and full utilization ofthe unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source. (i) In determining the projected actual emissions under the above paragraph ofthis section (before beginning actual construction), the owner oroperator of the major stationary source: (A) Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections ofbusiness activity, the company's filings with the State orFederal regulatory authorities, and compliance plans approved bythe Division; (B) Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; (C) Shall exclude, in calculating any increase in emissions that results from the particularproject, that portion ofthe unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under the definition for "Baseline actual emissions" ofthis section and that are also unrelated to the particularproject, including any increased utilization due to product demand growth; or, (D) In lieu ofusing the method set out in paragraphs (i)(A) through 

### (C) ofthis definition, may elect to use the emissions unit's potential to emit, in tons peryear, as defined under the definition of"Potential to emit" ofthis section. 

### "Reactivation of a very clean coal-firedelectric utility steamgenerating unit" means any physical change orchange in the method ofoperation associated with the commencement ofcommercial operations by a coal-fired utility unit after a period of discontinued operation where the unit: (i) Has not been in operation for the two-yearperiodpriorto the enactment ofthe Clean AirActAmendments of 1990, and the emissions from such unit continue to be carried in the State ofWyoming's emissions inventory at the time of enactment; (ii) Was equipped priorto shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide ofno less than 85 percent and a removal efficiency for particulates ofnot less than 98 percent; (iii) Is equipped with low-NOx burners priorto the time of commencement ofoperations following reactivation; and (iv) Is otherwise in compliance with the requirements ofthe Clean Air Act.

6-15

### "RegulatedNSRpollutant", for purposes ofthis section, means the following: (i) Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified underthis paragraph as a constituent or precursorto such pollutant. Precursors identified bythe EPA Administrator for purposes ofNSRare the following: (A) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas. (B) Sulfur dioxide is a precursorto PM2

### .s in all attainment and unclassifiable areas. 

### (C) Nitrogen oxides are presumedto be precursors to PM2

.5 in all attainment and unclassifiable areas, unless the State demonstrates to the EPA Administrator's satisfaction or EPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not a significant contributorto that area's ambient PM2.5 concentrations. (D) Volatile organic compounds are presumed notto be precursors to PM2.5 in any attainment or unclassifiable area, unless the State demonstrates to the EPA Administrator's satisfaction orEPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributorto that area's ambient PM2

### .s concentrations. (ii) Any pollutant that is subject to any standard promulgated under section Ill ofthe Federal CleanAirAct; (iii) Any Class I or II substance subjectto a standard promulgated under orestablished by Title VI ofthe Federal Clean Air Act; (iv) Anypollutantthat otherwise is subject to regulation under the Federal Clean Air Act; exceptthat any or all hazardous air pollutants either listed in section 112 ofthe Federal Clean Air Act or added to the listpursuantto section 112(b)(2) ofthe Federal Clean Air Act, which have not been delisted pursuantto section 112(b)(3) ofthe Federal Clean Air Act, are notregulated NSRpollutants unless the listed hazardous air pollutant is also regulated as a constituent orprecursor ofa general pollutant listed under section 108 ofthe Federal CleanAirAct. (v) [Reserved.] (vi) Particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambienttemperatures. On orafter January 1, 2011, such

6-16

### condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2

### .s and PM 10 

### in PSD permits. Compliance with emissions limitations for PM, PM2

### .s and PM 10 

### issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions ofthe permit orthe applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation ofthis section unless the applicable implementation plan required condensable particulate matter to be included. 

### "Replacement unit"means an emissions unit for which all the criteria listed in this section are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (i) The emissions unit is a reconstructed unit within the meaning of 40 CFR part 60.15(b)(1), orthe emissions unit completely takes the place ofan existing emissions unit.(ii) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (iii) The replacement does not change the basic design parameter(s) (as discussed in 40 CFR part 51.166(y)(2)) ofthe process unit. (iv) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, orpermanently barred from operation by a permit that is enforceable as a practical matter. Ifthe replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

### "Repowering" means replacement ofan existing coal-fired boilerwith one ofthe following clean coal technologies: atmospheric orpressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as determined bythe Administrator of EPA, in consultation with the Secretary ofEnergy, a derivative ofone ormore ofthese technologies, and any othertechnology capable ofcontrolling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance oftechnology in widespread commercial use as ofNovember 15, 1990. (i) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as ofJanuary 1, 1991, by the Department ofEnergy. (ii) The Administrator shall give expedited consideration to permit applications for any source that satisfies the requirements ofthis subsection and is granted an extension under section 409 ofthe Clean AirAct.

6-17

### "Secondary emissions"means emissions which occur as a result ofthe construction oroperation ofa major stationary source or major modification, butdo not come from the major stationary source ormajor modification itself. Forthe purposes of this section, secondary emissions mustbe specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed orincrease its emissions except as a result ofthe construction ormodification ofthe major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofa motor vehicle or from a train. 

### "Significant"means: (i) In reference to a net emissions increase orthe potential ofa source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed any ofthe following rates: POLLUTANT AND EMISSIONS RATE Carbon monoxide: Nitrogen oxides: Sulfur dioxide: Particulate matter: PM2.s:

Ozone: Lead: Fluorides: Sulfuric acid mist: Hydrogen sulfide (H2 S): Total reduced sulfur (including H2S): Reduced sulfur compounds (including H2 S): Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans):

6-18 1 00 tons per year ( tpy) 40tpy 40tpy 25 tpy ofparticulate matter emissions; 15 tpy ofPM 10 emissions 10 tpy ofdirect PM2.s emissions; 40 tpy ofsulfur dioxide emissions; 40 tpy ofnitrogen oxide emissions unless demonstrated not to be a PM2.s precursor underthe definition of"RegulatedNSRpollutant" in Section 4(a) ofthis chapter 40 tpy ofvolatile organic compounds ornitrogen oxides 0.6 tpy 3 tpy 7 tpy 10 tpy 10 tpy 10 tpy

3.2 x 10-6 megagrams peryear (3.5 x 10-6 tons peryear)

### Municipal waste combustormetals (measured as particulate matter): Municipal waste combustor acid gases I4 megagrams peryear (I5 tons per year) (measured as sulfur dioxide and hydrogen chloride):36 megagrams per year (40 tons per year) Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year) (ii) "Significant" means, in reference to a net emissions increase orthe potential ofa source to emit a pollutant subjectto these regulations and regulations under the Clean AirAct, thatparagraph (i) above does not list, any emissions rate. 

### (iii) Notwithstanding paragraph (i) 

### above, "significant" means any emissions rate orany net emissions increase associated with a major stationary source or major modification which would construct within I0 kilometers ofa Class I Area, and have an impact on such area equal to or greaterthan I J.tg/m3 

### (24-hour average). 

### "Significantemissions increase"means, for a regulated NSRpollutant, an increase in emissions that is significant (as defined in paragraph (i) ofthe definition of "Significant" in this section) for that pollutant. 

### "Stationary source"means any structure, building, facility, equipment, installation oroperation (or combination thereof) which emits ormay emit any air pollutant subject to these regulations orregulations underthe Federal Clean Air Act. 

### "Structure, building,facility, equipment, installation, oroperation"means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one ormore contiguous oradjacent properties, and are underthe control ofthe same person (or persons under common control) except the activities ofany vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the sameMajor Group (i.e., which have the same two-digit code) as described in the StandardIndustrial Classification Manual, 1972, as amended bythe I977 Supplement (U.S. Government Printing Office stock numbers 4IOI-0066 and 003-005- 00I76-0, respectively). 

### "Temporary clean coal technology demonstrationproject"means a clean coal technology demonstration project that is operated for a period of5 years or less, and which complies with the Wyoming State Implementation Plan and otherrequirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. 

### "Volatile organic compounds (VOCs)" is defined in Chapter 3, Section 6(a) of these regulations.

6-I9(b) Anyperson who plans to construct any major stationary source orundertake a major modification ofan existing stationary source shall be subject to the conditions outlined below. (i) (A) (I) The review ofthe stationary source for the construction or modification permit(s) required under Chapter 6, Section 2 ofthese regulations shall apply and shall be expanded so as to include analysis ofthe predicted impact ofthe allowable and secondary emissions from the stationary source onthe ambient air quality in areas affected by such emissions. An analysis ofthe predicted impact ofemissions from the stationary source is required for all pollutants for which standards have been established under these regulations or underthe Federal Clean AirAct and which are emitted in significant amounts. An analysis ofthe impact ofotherpollutants may be required bythe Administrator. Such analysis shall identify and quantify the impact on the air quality in the area ofall emissions not included in the baseline concentrations including, but not limited to, those emissions resulting from the instant application and all otherpermits issued in the area. The purpose ofthis analysis is to determine the total deterioration ofair quality from the baseline concentrations; however, projections of deterioration due to general non-stationary source growth in the area predicted to occur afterthe date ofapplication is notrequired. A permitto constructpursuant to Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are complied with and ifthe predicted impact (over and above the baseline concentration) ofemissions defined above is less than the maximum allowable increment shown in Table 1for the classification ofthe area in which the impact is predicted, and ifthe ambient standard for the pollutant(s) is not exceeded. Table 1 Maximum Allowable Increments ofDeterioration

- J..tg/m3

Pollutant Particulate Matter:

PM10, annual arithmetic mean PM 10, 24-hour maximum Sulfur Dioxide: Annual arithmetic mean 24-hour maximum* 3-hourmaximum* Nitrogen Dioxide Annual arithmetic mean Class I 

# I

4 

### 8

2 

### 5 

### 25

2.5 Class II 

# I

17 30

20 91 

### 512

25

*Maximum allowable increment may be exceeded once peryear at anyreceptor site.

6-20(II) Notwithstanding the provisions ofparagraph (b)(i)(A)(I) above, the following concentrations shall be excluded in determining compliance with maximum allowable increases: (l.) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use ofpetroleum products, natural gas, orboth by reason ofan order in effect under sections 2(a) and (b) oftheEnergy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) overthe emissions from such sources before the effective date ofsuch an order. No such exclusion shall apply for more than five years after the later ofsuch effective dates; (2.) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason ofnatural gas curtailmentplan in effect pursuantto the Federal Power Act overthe emissions from such sources before the effective date ofsuch plan. No such exclusion shall apply for more than 5 years afterthe later ofsuch effective date; (3.) Concentrations ofparticulate matter attributable to the increase in emissions from construction orother temporary emission-related activities ofnew ormodified sources; (4.) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentrations; and (5.) Concentrations attributable tothe temporary increase in emissions ofsulfur dioxide, particulate matter, or nitrogen oxides from stationary sources as specified below.

a. The temporary emissions do not occur for more than 2 years.

6-21b. The 2-yeartime period is notrenewable.

c. Such temporary emissions are not eligible for exclusion ifthey would impact a Class I Area or an area where the applicable increment is known to be violated or an area where they would cause or contribute to a violation ofthe applicable ambient air quality standard. d. Atthe end ofthe temporary emission time frame, emissions from the stationary source causing these temporary emissions shall not exceed those levels occurring at such source priorto such temporary emission. (B) In addition to the analyses required under Chapter 6, Section 4(b)(i)(A) above, (I) The owner oroperator shall provide an analysis ofthe impairment to visibility, soils and vegetation thatwould occur as a result ofthe source or modification and general commercial, residential, industrial, and other growth associated with the source ormodification. The owner oroperator need notprovide an analysis of the impact on vegetation having no significant commercial orrecreational value. 

### (II) The owner oroperator shall provide an analysis ofthe air quality impact projected for the area as a result ofgeneral commercial, residential, industrial and other growth associated with the source ormodification. 

### (C) The requirements for demonstration ofcompliance with applicable increments ofChapter 

### 6, Section 4(b)(i)(A)(I), the additional analysis requirements ofChapter 

### 6, Section 4(b)(i)(B) and the ambient air quality analysis requirements ofChapter 

### 6, Section 4(b)(i)(E) shall not apply to a proposed major stationary source or modification with respect to a particularpollutant ifthe Administrator determines that: (I) The increase in allowable emissions ofthat pollutant from the stationary source orthe net emissions increase ofthat pollutant from a modification would be temporary and would impact no Class I Area and no area where an applicable increment is known to be violated; or 

### (II) The stationary source was in existence on March 

### 1, 1978, and that the maximum allowable emission increases only impact Class 

### II Areas, and that after application ofBACT, the increase in allowable emissions ofeachpollutant would be less than 50 tons peryear. (D) Fugitive emissions, to the extent quantifiable, will be considered in calculating the potential to emit ofthe stationary source ormodification only for:

6-22(I) Sources listed in Chapter 6, Section 4(a) under the definition of"Major stationary source", item (a). 

### (II) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 ofthe Clean AirAct. (III) And such other sources as the Environmental Quality Council may later determine. (E) An application subject to this section shall contain an analysis ofambient air quality in the area that would be affected bythe stationary source or modification as required below: (I) Foreach pollutantthat the source would have the potential to emit in a significant amount. 

### (II) Forthe modification, each pollutant for which it would result in a significant net emissions increase. (III) Forpollutants for which National Ambient Air Quality Standards have been established, the analysis shall contain continuous air quality monitoring data gathered for purposes ofdetermining whether emissions ofthat pollutant would cause orcontribute to a violation ofthe standard orany maximum allowable increase. (IV) In general, the required continuous air quality monitoring data shall have been gathered over a period ofone year immediately preceding receipt ofthe application. The Administrator mayprovide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorterthan one year. (V) All monitoring conducted pursuantto the requirements ofthis section shall meet the requirements ofAppendix B of40 CFRpart 58. (VI) The requirements for pre-construction monitoring specified above and under Chapter 

### 6, Section 2(b) with respect to monitoring for a particularpollutant may be waived bythe Administrator upon petition from an applicant if: (1.) The emissions increase ofthe pollutant from a new stationary source orthe net emissions increase ofthe pollutant from a modification would cause, in any area, air quality impacts less than the following amounts:

6-23a. Carbon Monoxide- 575 J!g/m3

, 8-hour average; b. Nitrogen Dioxide

- 14 J!g/m3

, annual average;



### c.

PM10, 24-hour average;

•. Sulfur Dioxide

- 13 J!g/m3

, 24-hour average; 

# 1. Ozone (No 

### de minimis air quality level is provided for ozone; however, any net emissions increase of 100 tons peryear ormore of volatile organic compounds or nitrogen oxides subjectto PSD would be required to perform an ambient impact analysis, including the gathering ofair quality data.)

average;

average;

average;

1-hour average; or 

# 1. Lead- 0.1 J!g/m3

, 3-month average;

•. Fluorides

- 0.25 J!g/m3

, 24-hour 

# 1. Total Reduced Sulfur- 10 J!g/m3

, 1-hour 

# 1. Hydrogen Sulfide

- 0.2 J!g/m3

, 1-hour 

# 1. Reduced Sulfur Compounds- 10 J!g/m3

, (2.) The concentrations ofthepollutant in the area that the source ormodification would affect are less than the concentrations listed in paragraph (b)(i)(E)(VI)(1.) ofthis section; or (3.) The pollutant is not listed in paragraph (b)(i)(E)(VI)(1.) ofthis section. (F) The Administrator may require an applicant subjectto the provisions ofthis section to conduct an approved visibility monitoring program in any Class I Area which may be impacted by emissions from the proposed stationary source.

6-24(G) At such time that a particular source ormodification becomes a major stationary source ormajor modification solely by virtue ofa relaxation in any enforceable limitation which was established afterAugust 7, 1980 on the capacity ofthe source ormodification otherwise to emit a pollutant, then all oftheprovisions ofChapter 6, Sections 2 and 4 shall apply to the source or modification as though construction had not yet commenced on the source or modification. (H) The following specific provisions apply to projects at existing emissions units at a major stationary source (otherthan projects at a source with a PAL) in circumstances where the owner or operator elects to use the method specified in paragraphs (i)(A) through (C) ofthe definition for "Projected actual emissions" for calculatingprojected actual emissions. (I) Before beginning actual construction ofthe project, the owner oroperator shall document and maintain a record ofthe following information: (1.) A description ofthe project; (2.) Identification ofthe emissions unit(s) whose emissions ofa regulated NSRpollutantcould be affected bythe project; and (3.) A description ofthe applicability test used to determine that the project is not a major modification for any regulated NSRpollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded underparagraph (i)(C) ofthe definition for "Projected actual emissions" in Section 4(a) and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. (II) Before beginning actual construction, the owneror operator shall provide the information set out in paragraph (b)(i)(H)(I) ofthis section to the Division as a Chapter 6, Section 2 permit application. (III) The owneroroperator shall monitor the emissions of any regulated NSRpollutant that could increase as a result ofthe project andthat is emitted by any emissions unit identified in paragraph (b)(i)(H)(I)(2.) ofthis section; and calculate and maintain a record ofthe annual emissions, in tons peryear on a calendar year basis, for a period of5 years following resumption ofregular operations after the change, or for a period of 10 years following resumption ofregular operations afterthe change ifthe project increases the design capacity orpotential to emit ofthatregulated NSRpollutant at such emissions unit. (IV) The owneror operator shall submit a report to the Division within 60 days afterthe end ofeach year during which records mustbe generated underparagraph (b)(i)(H)(III) ofthis section setting outthe unit's annual emissions during the calendar year that preceded submission ofthe report.

6-25(I) The owner or operator ofthe source shall make the information required to be documented and maintained pursuantto paragraph (b)(i)(H) ofthis section available for review upon request for inspection bythe Division orthe general public pursuantto the requirements contained in 40 CFR 70.4(b)(3)(viii). 

### (J) (I) Except as otherwise provided in paragraph (b)(xv) of this section, and consistent with the definition of"Majormodification" contained in Section 4(a), a project is a major modification for a regulated NSRpollutant ifit causes two types ofemissions increases - a significant emissions increase (as defined in the definition for "Significant emissions increase" in Section 4(a)), and a significant net emissions increase (as defined in the definitions for "Netemissions increase" and "Significant" in Section 4(a)). The project is not a major modification ifit does not cause a significant emissions increase. Ifthe project causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase. (II) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step ofthe process) will occur depends upon the type ofemissions units being modified, according to paragraphs (b)(i)(J)(III) through (V) ofthis section. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur atthe major stationary source (i.e., the second step ofthe process) is contained in the definition for "Netemissions increase" in Section 4(a). Regardless ofany such preconstruction projections, a major modification results ifthe project causes a significant emissions increase and a significant net emissions increase. (III) Actual-to-Projected-Actual Applicability Test For Projects That Only Involve Existing Emissions Units. A significant emissions increase of a regulated NSRpollutant is projected to occur ifthe sum ofthe difference between the projected actual emissions (as defined in the definition for "Projected actual emissions" in Section 4(a)) and the baseline actual emissions (as defined in paragraphs (i) and 

### (ii) in the definition of"Baseline actual emissions" in Section 4(a)) for each existing emissions unit, equals or exceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)). (IV) Actual-to-Potential Test ForProjects That Only Involve Construction ofa New Emissions Unit(s). A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe difference betweenthe potential to emit (as defined in the definition for "Potential to emit" in Section 4(a)) from each new emissions unit following completion ofthe project and the baseline actual emissions (as defined in paragraph (iii) for the definition of"Baseline actual emissions" in Section 4(a)) ofthese units before the project equals orexceeds the significant amount for thatpollutant (as defined in the definition of"Significant" in Section 4(a)).

6-26

### (V) Hybrid Test ForProjects That Involve Multiple Types ofEmissions Units. A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified in paragraphs (b)(i)(J)(III) and (IV) ofthis section as applicable with respect to each emissions unit, for each type ofemissions unit equals or exceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)). (ii) (A) The required permit shall not be issued unless the proposed major stationary source ormajor modification would meet an emission limit(s) or equipment standard(s) specified by the Administratorto representthe application ofBest Available Control Technology for each pollutantregulated under these Standards and Regulations and under the Federal Clean Air Act and having the potential to emit in significant amounts. For phased construction projects, the determination ofBACT shall be reviewed and modified as appropriate at the latest, mostreasonable time no laterthan 18 months priorto commencement ofeach phase ofthe proposed project. At such time, the owner oroperator ofthe applicable stationary source maybe required to demonstrate the adequacy ofany previous determination ofbest available control technology for the stationary source. (B) In the case ofa major modification, the requirements for Best Available Control Technology shall apply only to each new ormodified emissions unit at which a net emissions increase ofthe pollutant would occur. 

### (C) (I) The applicant for a permit for a source subject to this section may petition the Administratorto approve a system ofinnovative control technology. (II) The Administrator, with the approval ofthe govemor(s) ofother affected state(s) may approve the employment ofa system of innovative control technology if: 

### (I.) The proposed control system would not cause orcontribute to an unreasonable risk to public health, welfare, or safety in its operation or function; (2.) The owner oroperator agrees to achieve a level ofcontinuous emissions reduction equivalent to that which would have been required under paragraphs (ii)(A) and (B) above by a date specified bythe Administrator. Such date shall not be laterthan 4 years from the time ofstartup or7 years from permit issuance. (3.) The major stationary source ormajor modification would meet the requirements equivalent to those in paragraphs (b)(i)(A)(I), (b)(ii)(A), and (b)(ii)(B) above based on the emission rate that the stationary source

6-27employing the system ofinnovative control technology would be required to meet on the date specified bythe Administrator. (4.) The source or modification would not before the date specified bythe Administrator:

a. Cause or contribute to any violation ofan applicable National Ambient Air Quality Standard, or b. Impact any Class I Area, or

c. Impact any areawhere an applicable increment is known to be violated. (5.) All other applicable requirements including those for public participation have been met. (III) The approval to employ a system ofinnovative control technology shall be withdrawn bythe Administrator if: (1.) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate, or (2.) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety, or (3.) The Administratordecides at any time that the proposed system is unlikely to achieve the required level ofcontrol orto protectthe public health, welfare, or safety. (IV) Ifthe source or modification fails to meet the required level ofcontinuous emissions reduction within the specified time period or ifthe approval is withdrawn in accordance with (III) above, the Administrator may allow the source ormodification up to an additional three years to meet the requirement for the application ofBACTthrough use ofa demonstrated system ofcontrol. (iii) Temporaryparticulate matter emissions such as those associated with the construction phase ofthe source shall not be included in the determination onthe issuance ordenial ofa required permit and shall not be taken into accountwhen determining compliance with the maximum allowable increments in Table 1; however, BestAvailable Control Technology shall be applied to abate such temporary emission. (iv) All applications ofair quality modeling required underparagraph (b)(i) above shall be based on the applicable models, databases, and otherrequirements specified in Appendix W of40 CFRpart 51 (Guideline on Air Quality Models). Where

6-28an airquality model specified in Appendix W of40 CFRpart 51 (Guideline on Air Quality Models) is inappropriate, the model may be modified oranother model substituted. Such a modification or substitution ofa model may be made on a case-bycase basis or, where appropriate, on a generic basis for a specific State ofWyoming program. Written approval ofthe EPA Administrator must be obtained for any modification or substitution. In addition, use ofa modified or substituted model must be subject to notice and opportunity for public commentunder procedures set forth in Chapter 6, Section 2(g). (v) In any case where the federal official charged with direct responsibility for management ofany lands within a Class I Area, orthe Administrator of EPA orthe governor ofan adjacent state containing such a Class I Area, files a notice alleging that emissions from a proposed source ormajor modification may cause or contribute to a change in the air quality in such area and identifying the potential adverse impact ofsuch change, a permit shall not be issued unless the owneror operator ofsuch source demonstrates to the satisfaction ofthe Administratorthat emissions ofparticulate matter, sulfur dioxide, and nitrogen oxides will not cause orcontribute to concentrations which exceed the maximum allowable increases for the Class I Area in question. (vi) (A) In any case where a Federal Land Manager demonstrates to the satisfaction ofthe Administratorthat the emissions from such source will have an adverse impact on the air quality-related values (including visibility) ofsuch Class I Areas, notwithstanding the fact that the change in air quality resulting from emissions from such source will not cause or contribute to concentrations which exceed the maximum allowable increases for Class I Areas, a permit shall notbe issued. (B) However, in the case where the Federal Land Manager provides to the Division at least 30 days priorto the Public Notice issued pursuantto Chapter 6, Section 2(m) oftheseregulations, an analysis ofthe impact ofthe emissions on visibility in a Federal Class I Area, the Division must consider such analysis in making its proposed decision. Ifthe Federal Land Manager's analysis concludesthat an adverse impact on visibility in the Federal Class I Area will occur butthe Administrator determines that the analysis does not demonstrate to his satisfaction that such an adverse impact on visibility will occur, the Administrator shall in the Public Notice issued pursuantto the requirements ofChapter 6, Section 2(m), explain his decision orgive notice as to where the explanation can be obtained. (vii) In any case where the owneror operator ofsuch source demonstrates to the satisfaction ofthe Federal Land Manager, and the Federal Land Manager so certifies, that the emissions from such source will have no adverse impact onthe air quality-related values ofsuch Class I Areas (including visibility) notwithstanding the fact thatthe change in air quality resulting from emissions from such source will cause or contribute to concentrations which exceed the maximum allowable increases for Class I Areas, the Administrator may issue a permit.

6-29(viii) In the case ofa permit issued pursuantto subsection (vii), such source shall comply with such emission limitation under such permit as may be necessary to assure that emissions ofsulfur oxides, particulate matter, and nitrogen oxides from such source, will not cause or contribute to concentrations ofsuch pollutantwhich exceeds the following maximum allowable increases overthe baseline concentration for such pollutants:

Particulate matter:

PM 10, annual arithmetic mean PM 10, 24-hour maximum Sulfur dioxide: Annual arithmetic mean Twenty-four-hour maximum Three-hour maximum Nitrogen dioxide: Annual arithmetic mean Maximum Allowable Increase (micrograms per cubic meter) 

# I

17 30 20 91 325

25 (ix) (A) In any case where the owner oroperator ofa proposed major stationary source or major modification who has been denied a certification under subparagraph (vii) demonstrates to the satisfaction ofthe Governor ofWyoming (hereinafter the Governor), after notice and public hearing, and the Governor finds, that the source cannotbe constructed by reason ofany maximum allowable increases for sulfur dioxide for periods oftwenty-four hours or less applicable to any Class I Area and, in the case offederal Mandatory Class I Areas, that a variance underthis clause will not adversely affectthe air quality related values ofthe area (including visibility), the Governor, after consideration ofthe Federal Land Manager's recommendation (ifany) and subjectto his concurrence, may grant a variance from such maximum allowable increase. Ifa variance is granted, a permitmaybe issued to such source pursuantto the requirements ofthis subparagraph provided otherrequirements ofthis section are met. (B) In the case ofa permit issued pursuantto subparagraph (ix)(A), such source shall comply with such emission limitations under such permit as maybe necessary to assure that emissions ofsulfur oxides from such source will not (during any day on whichthe otherwise applicable maximum allowable increases are exceeded) cause orcontribute to concentrations which exceed the following maximum allowable increases for such areas overthe baseline concentration for suchpollutantand to assure that such emissions will not cause orcontribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods ofexposure of24 hours or less on more than 18 days during any annual period.

6-30Period ofexposure: Lowterrain areas: 24-hr maximum 3-hrmaximum High terrain areas: 24-hr. maximum 3-hrmaximum Maximum Allowable Increase (micrograms percubic meter)

36 130

62 221 (x) Notwithstanding other requirements ofthis section, a portable source which is a major stationary source and which has otherwise received a construction permit under Chapter 6, Sections 2 and 4 shall not be required to obtain additional relocation permits under this section if: (A) Emissions from the source would not exceed allowable emissions; and (B) Such relocation would impact no Class I Area and no area where an applicable increment is known to be violated; and (C) Notice is given to the Division at least 10 days priorto such relocation identifying the proposed new location and the probable duration ofoperation at such location; and (D) Emissions at the new location will be temporary. (xi) After a final decision is made on an application for a source subjectto this section, the final decision will be transmitted in writing to the applicant andthe final decision and all comments received bythe Division during the public commentperiod will be made available for public inspection in the same location where the application and analysis was posted. A copy ofeachpermit application for each source or modification subject to this section and impacting a Federal Class I Area will be transmitted to EPA. EPA will be provided with notice ofeach action taken bythe Division on such application. (xii) [Reserved.] (xiii) [Reserved.] (xiv) [Reserved.] (xv) Actuals Plantwide ApplicabilityLimitations (PALs). (A) Applicability.

6-31(I) The Division may approve the use ofan actuals PAL for any existing major stationary source ifthe PAL meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section. The term "PAL" shall mean "actuals PAL" throughout paragraph (b)(xv) ofthis section. (II) Anyphysical change in or change in the method of operation ofa major stationary source that maintains its total source-wide emissions belowthe PAL level, meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section, and complies with the PALpermit: (1.) Is not a major modification for the PAL pollutant; (2.) Does nothave to be approvedthrough a Chapter 6, Section 4 permit; and (3.) Is not subject to the provisions in paragraph (b)(i)(G) ofthis section (restrictions on relaxing enforceable emission limitations thatthe major stationary source used to avoid applicability ofChapter 6, Section 4). (III) Except as provided under paragraph (b)(xv)(A)(II)(3.) ofthis section, a major stationary source shall continue to comply with all applicable Federal or State ofWyoming requirements, emission limitations, and work practice requirements that were established prior to the effective date ofthe PAL. (B) Definitions. The following definitions shall be used for actuals PALs consistent with paragraphs (b)(xv)(A) through (0) ofthis section. When a term is not defined in these paragraphs, it shall have the meaning given in Section 4(a) of this section or in the Clean Air Act. 

### "ActualsPAL for a majorstationary source" means a PAL based on the baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofall emissions units (as defined in the definition for "Source" in Section 4(a)) atthe source, that emit orhave the potential to emitthe PAL pollutant. 

### "Allowable emissions" has the same meaning as in the definition for "Allowable emissions" in Section 4(a), except as this definition is modified according to paragraphs (i) and 

### (ii) ofthis definition. (i) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit'spotential to emit.

6-32(ii) An emissions unit's potential to emit shall be determined using the definition of"Potential to emit" in Section 4(a), exceptthat the words "orenforceable as a practical matter" should be added after "enforceable". 

### "Major emissions unit"means: (i) Any emissions unit that emits orhas the potential to emit 100 tons peryear ormore ofthe PALpollutant in an attainment area; or 

### (ii) Any emissions unit that emits orhas the potential to emit the PALpollutant in an amount that is equal to orgreaterthan the major source threshold for the PAL pollutant as defined bythe Clean AirAct for nonattainment areas. (For example, in accordance with the definition ofmajor stationary source in section 182(c) ofthe Clean AirAct, an emissions unit would be a major emissions unit for VOC ifthe emissions unit is located in a serious ozone nonattainment area and it emits orhas the potential to emit 50 ormore tons ofVOC peryear.) 

### "PAL effective date" generally means the date ofissuance ofthe PALpermit; however, the PAL effective date for an increased PAL is the date any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutant. 

### "PAL effectiveperiod" means the period beginning with the PAL effective date and ending 10 years later. 

### "PAL majormodification"means, notwithstanding the definitions for "Majormodification" and ''Net emissions increase" ofSection 4(a), any physical change in or change in the method ofoperation ofthe PAL source that causes it to emit the PAL pollutant at a level equal to or greaterthan the PAL. 

### ({PALpermit"means the Chapter 6, Section 2 or Section 4 permit issued by the Division that establishes a PAL for a major stationary source. 

### "PALpollutant" means the pollutant for which a PAL is established at a major stationary source. 

### "Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs (b)(xv)(A) through (0) ofthis section. 

### "Significant emissions unit"means an emissions unit that emits or has the potential to emit a PALpollutant in an amount that is equal to orgreaterthanthe significant level (as defined in the definition for "Significant" in Section 4(a) or in the Clean Air Act, whichever is lower) for that PAL pollutant, but less than the amount that

6-33would qualify the unit as a major emissions unit as defined in paragraph (b)(xv)(B) for the definition of"Major emissions unit" ofthis section. "Small 

### emissions unit"means an emissions unitthat emits orhas the potential to emitthe PAL pollutant in an amount less than the significant level for that PALpollutant, as defined in the definition for "Significant" in Section 4(a) or in the Clean Air Act, whichever is lower. (C) Permit Application Requirements. As part ofa permit application requesting a PAL, the owneror operator ofa major stationary source shall submitthe following information in paragraphs (b)(xv)(C)(I) through (III) ofthis section to the Division for approval. (I) A List ofAll Emissions Units atthe Source Designated as Small, Significant or Major Based on Their Potential to Emit. In addition, the owner or operator ofthe source shall indicate which, ifany, Federal or State ofWyoming applicable requirements, emission limitations, or work practices apply to each unit. (II) Calculations ofthe Baseline Actual Emissions (With Supporting Documentation). Baseline actual emissions are to include emissions associated not only with operation ofthe unit, but also emissions associated with startup, shutdown, and malfunction. (III) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required byparagraph (b)(xv)(M)(I) ofthis section. (D) General Requirements ForEstablishing PALs. (I) The Division may establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs (b)(xv)(D)(I)(l.) through (7.) ofthis section are met. (1.) The PAL shall impose an annual emission limitation in tons peryear, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period afterthe first 12 months ofestablishing a PAL, the major stationary source owner or operator shall show that the sum ofthe monthly emissions from each emissions unit underthe PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). Foreach month during the first 11 months from the PAL effective date, the major stationary source owner oroperator shall show that the sum ofthe preceding monthly emissions from the PAL effective date for each emissions unitunder the PAL is less than the PAL.

6-34

### (2.) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (b)(xv)(E) ofthis section. (3.) The PAL permit shall contain all the requirements ofparagraph (b)(xv)(G) ofthis section. (4.) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit orhave the potential to emitthe PAL pollutant at the major stationary source. (5.) Each PAL shall regulate emissions ofonly one pollutant. (6.) Each PAL shall have a PAL effective period of 10 years. (7.) The owner oroperator ofthe major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs (b)(xv)(L) through (N) ofthis section for each emissions unit under the PAL through the PAL effective period. (II) At no time (during orafter the PAL effective period) are emissions reductions ofa PAL pollutant that occur during the PAL effective period creditable as decreases for purposes ofoffsets under 40 CFRpart 51.165(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthePAL. (E) Public Participation Requirements For PALs. PALs for existing major stationary sources shall be established, renewed, or increased, through a procedure that is consistent with Chapter 6, Section 2. This includes the requirementthat the Division provide the public with notice ofthe proposed approval ofa PALpermit and at least a 30-dayperiod for submittal ofpublic comment. The Division must address all material comments before taking final action on the permit. (F) Setting the 10-Year Actuals PAL Level. (I) 

### Except as provided in paragraph (b)(xv)(F)(II) ofthis section, the actuals PAL level for a major stationary source shall be established as the sum ofthe baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under the definition of"Significant" in Section 4(a) or under the Clean AirAct, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24- month period must be used to determine the baseline actual emissions for all existing emissions units; however, a different consecutive 24-month period may be used for each

6-35

### different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The Division shall specify a reduced PAL level(s) (in tons/yr) in the PALpermit to become effective on the future compliance date(s) ofany applicable Federal or State ofWyoming regulatory requirement(s) thatthe Division is aware ofpriorto issuance ofthe PAL permit. For instance, ifthe source owner oroperator will be required to reduce emissions from industrial boilers in halffrom baseline emissions of60 ppm 

### NOx to a new rule limit of30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by halfofthe original baseline emissions ofsuch unit(s). (II) Fornewly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu ofadding the baseline actual emissions as specified in paragraph (b)(xv)(F)(I) ofthis section, the emissions must be added to the PAL level in an amount equal to the potential to emit ofthe units. (G) Contents ofthe PAL Permit. The PAL permit shall contain, at a minimum, the information in paragraphs (b)(xv)(G)(I) through (X) ofthis section. (I) The PAL pollutant and the applicable source-wide emission limitation in tons peryear. (II) The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). (III) Specification in the PAL permitthat ifa major stationary source owner or operator applies to renew a PAL in accordance with paragraph (b)(xv)(J) ofthis section before the end ofthe PAL effective period, then the PAL shall not expire at the end ofthe PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Division. (IV) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. (V) A requirement that, once the PAL expires, the major stationary source is subject to the requirements ofparagraph (b)(xv)(I) ofthis section. (VI) The calculation procedures that the major stationary source owner oroperator shall use to convertthe monitoring system datato monthly emissions and annual emissions based on a 12-monthrolling total for each month as required byparagraph (b)(xv)(C)(I) ofthis section. (VII) A requirementthat the major stationary source owner or operator monitor all emissions units in accordance with the provisions underparagraph (b)(xv)(M) ofthis section.

6-36

### (VIII) A requirement to retain the records required under paragraph (b)(xv)(M) ofthis section on site. Such records may be retained in an electronic format. (IX) 

### A requirement to submit the reports required under paragraph (b)(xv)(N) ofthis section by the required deadlines. (X) 

### Any otherrequirements thatthe Division deems necessary to implement and enforce the PAL. (H) 

### PAL Effective Period and Reopening ofthe PAL Permit. (I) 

### PAL Effective Period. The PAL effective period shall be 10 years. (II) 

### Reopening ofthe PAL Permit. (1.) 

### During the PAL effective period, the Division shall reopen the PAL permitto:

a. Correct typographical/calculation errors made in setting the PAL orreflect a more accurate determination ofemissions used to establish the PAL; b. Reduce the PAL ifthe owner oroperator ofthe major stationary source creates creditable emissions reductions for use as offsets under 40 CFR part 51.165(a)(3)(ii); and

c. Revise the PAL to reflect an increase in the PAL as provided underparagraph (b)(xv)(K) ofthis section. (2.) 

### The Division may reopen the PALpermit for the following:

a. Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date; b. Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the Division may impose onthe major stationary source; and

c. Reduce the PAL ifthe Division determines that a reduction is necessary to avoid causing orcontributing to a NAAQS or

6-37PSD incrementviolation, orto an adverse impact on an AQRV that has been identified for a Federal Class I Area by a Federal Land Manager and for which information is available to the general public. (3.) Except for the permitreopening in paragraph (b)(xv )(H)(II)(1.)a. ofthis section for the correction oftypographicaVcalculation errors that do not increase the PAL level, all reopenings shall be carried out in accordance with the public participation requirements ofparagraph (b)(xv)(E) ofthis section. (I) Expiration ofa PAL. Any PAL that is not renewed in accordance with the procedures in paragraph (b)(xv)(J) ofthis section shall expire at the end ofthe PAL effective period, and the requirements in paragraphs (b)(xv)(I)(I) through (V) ofthis section shall apply. (I) Each emissions unit (or each group ofemissions units) that existed underthe PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (b)(xv)(I)(I)(l.) and (2.) ofthis section. 

### (1.) Within the time frame specified for PAL renewals in paragraph (b)(xv)(J)(II) ofthis section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group ofemissions units, ifsuch a distribution is more appropriate as decided bythe Division) by distributing the PAL-allowable emissions for the major stationary source among each ofthe emissions units that existed under the PAL. lfthe PAL had not yet been adjusted for an applicable requirementthat became effective during the PAL effective period, as required under paragraph (b)(xv)(J)(V) ofthis section, such distribution shall be made as ifthe PAL had been adjusted. (2.) The Division shall decide whether and howthe PAL-allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, oreach group ofemissions units, as the Division determines is appropriate. (II) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-monthrolling basis. The Division may approve the use of monitoring systems (source testing, emission factors, etc.) otherthan CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. (Ill) Until the Division issues the revisedpermit incorporating allowable limits for each emissions unit, oreach group ofemissions units, as required underparagraph (b)(xv)(I)(I)(2.) ofthis section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalentto the level ofthe PAL emission limitation.

6-38(IV) Anyphysical change orchange in the method of operation atthe major stationary source will be subject to Chapter 6, Section 4 requirements ifsuch change meets the definition of"Majormodification" in Section 4(a). (V) The major stationary source owner or operator shall continue to comply with any State ofWyoming or Federal applicable requirements (BACT, RACT, NSPS, etc.) that mayhave applied either during the PAL effective period orpriorto the PAL effective period except for those emission limitations that had been established pursuant to paragraph (b)(i)(G) ofthis section, but were eliminated bythe PAL in accordance with the provisions in paragraph (b)(xv)(A)(II)(3.) ofthis section. (J) Renewal ofa PAL. (I) The Division shall follow the procedures specified in paragraph (b)(xv)(E) ofthis section in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, anyperson may propose a PAL level for the source for consideration bythe Division. (II) Application Deadline. A major stationary source owner oroperator shall submit a timely application to the Division to request renewal of a PAL. A timely application is one that is submitted at least 6 months priorto, butnot earlierthan 18 months from, the date ofpermit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. Ifthe owner oroperator ofa major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. (Ill) Application Requirements. The application to renew a PALpermit shall contain the information required in paragraphs (b)(xv)(J)(III)(l.) through (4.) ofthis section. 

### (1.) The information required in paragraphs (b)(xv)(C)(I) through (III) ofthis section. (2.) A proposed PAL level. (3.) The sum ofthe potential to emit ofall emissions units underthe PAL (with supporting documentation). (4.) Any other information the owner oroperator wishes the Division to consider in determiningthe appropriate level for renewing the PAL.

6-39

### (IV) PAL Adjustment. In determining whether and how to adjustthe PAL, the Division shall considerthe options outlined in paragraphs (b)(xv)(J)(IV)(l.) and (2.) ofthis section; however, in no case may any such adjustment fail to comply with paragraph (b)(xv)(J)(IV)(3.) ofthis section. (1.) Ifthe emissions level calculated in accordance with paragraph (b)(xv)(F) ofthis section is equal to or greaterthan 80 percent ofthe PAL level, the Division may renew the PAL at the same level without considering the factors set forth in paragraph (b)(xv)(J)(IV)(2.) ofthis section; or (2.) The Division may set the PAL at a level that it determines to be more representative ofthe source's baseline actual emissions, orthat it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward orencourage the source's voluntary emissions reductions, or other factors as specifically identified by the Division in its written rationale. (3.) Notwithstanding paragraphs (b)(xv)(J)(IV)(1.) and (2.) ofthis section:

a. Ifthe potential to emit ofthe major stationary source is less than the PAL, the Division shall adjust the PALto a level no greater than the potential to emit ofthe source; and b. The Division shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions ofparagraph (b)(xv)(K) ofthis section (increasing a PAL). (V) Ifthe compliance date for a State ofWyoming or Federal requirement that applies to the PAL source occurs during the PAL effective period, and ifthe Division has not already adjusted for such requirement, the PAL shall be adjusted atthe time ofPAL permit renewal or Chapter 6, Section 3 operating permit renewal, whichever occurs first. (K) Increasing a PAL During the PAL Effective Period. (I) 

### The Division may increase a PAL emission limitation only ifthe major stationary source complies with the provisions in paragraphs (b)(xv)(K)(I)(l.) through (4.) ofthis section. (1.) The owner oroperator ofthe major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal orexceed its PAL.

6-40(2.) Aspart ofthis application, the major stationary source owner oroperator shall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units assuming application ofBACTequivalent controls, plus the sum ofthe allowable emissions ofthe new ormodified emissions unit(s), exceeds the PAL. The level ofcontrol that would result from BACTequivalent controls on each significant ormajor emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currentlyrequired to comply with a BACT or LAERrequirement that was established within the preceding I0 years. In such a case, the assumed control level forthat emissions unit shall be equal to the level ofBACT or LAERwith which that emissions unit must currently comply. (3.) The owner oroperator obtains a Chapter 6, Section 4 permit for all emissions unit(s) identified in paragraph (b)(xv)(K)(I)(l.) ofthis section, regardless ofthe magnitude ofthe emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the Chapter 6, Section4 process (for example, BACT), even though they have also become subject to the PAL or continue to be subjectto the PAL. (4.) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emitthe PALpollutant. (II) The Division shall calculate the new PAL as the sum ofthe allowable emissions for each modified ornew emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units (assuming application ofBACT equivalent controls as determined in accordance with paragraph (b)(xv)(K)(I)(2.) ofthis section), plus the sum ofthe baseline actual emissions ofthe small emissions units. (III) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofparagraph (b)(xv)(E) of this section. (L) Monitoring Requirements for PALs. (I) General Requirements. 

### (1.) Each PALpermitmustcontain enforceable requirements for the monitoring system that accurately determines plantwide emissions ofthe PALpollutant in terms ofmass perunit oftime. Any monitoring system authorized for use in the PAL permit must bebased on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the

6-41

### information,generated by such system must meet minimum legal requirements for admissibility in ajudicial proceeding to enforce the PALpermit. (2.) The PAL monitoring system must employ one or more ofthe four general monitoring approaches meeting the minimum requirements set forth in paragraphs (b)(xv)(L)(II)(l.) through (4.) ofthis section and must be approved bythe Division. (3.) Notwithstanding paragraph (b)(xv)(L)(I)(2.) of this section, you may also employ an alternative monitoring approach that meets paragraph (b)(xv)(L)(1)(1.) ofthis section ifapproved by the Division. (4.) Failure to use a monitoring system that meets the requirements ofthis section renders the PAL invalid. (II) Minimum Performance Requirements For Approved Monitoring Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (b)(xv)(L)(III) through (IX) ofthis section: (1.) Mass balance calculations for activities using coatings or solvents; (2.) CEMS; (3.) CPMS orPEMS; and (4.) Emission factors. (III) Mass Balance Calculations. An owner oroperator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meetthe following requirements: (1.) Provide a demonstrated means ofvalidating the published content ofthe PALpollutant that is contained in orcreated by all materials used in or at the emissions unit; (2.) Assume thatthe emissions unit emits all ofthe PAL pollutantthat is contained in orcreated by any raw material or fuel used in orat the emissions unit, ifit cannot otherwise be accounted for in the process; and (3.) Where the vendor ofa material or fuel, which is used in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operator must use the highestvalue ofthe range to calculate the

6-42

### PAL pollutant emissions unless the Division determines there is site-specific data or a site-specific monitoring program to support another content within the range. (IV) CEMS. An owner oroperator using CEMS to monitor PALpollutant emissions shall meetthe following requirements: (1.) CEMS must comply with applicable Performance Specifications found in 40 CFRpart 60, Appendix B; and (2.) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions unit is operating. (V) CPMS orPEMS. An 

### owner oroperator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: (1.) The CPMS orthe PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range ofoperation ofthe emissions unit; and (2.) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Division, while the emissions unit is operating. (VI) Emission Factors. An owner oroperatorusing emission factors to monitor PAL pollutant emissions shall meet the following requirements: (1.) All emission factors shall be adjusted, if appropriate, to account for the degree ofuncertainty orlimitations in the factors' development; (2.) The emissions unit shall operate within the designated range ofuse for the emission factor, ifapplicable; and (3.) Iftechnically practicable, the owner or operator ofa significant emissions unit that relies on an emission factor to calculate PALpollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months ofPAL permit issuance, unless the Division determines that testing is not required. (VII) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period oftime that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.

6-43(VIII) Notwithstanding the requirements in paragraphs (b)(xv)(L)(III) through (VIII) ofthis section, where an owneroroperator ofan emissions unit cannot demonstrate a correlation betweenthe monitored parameter(s) andthe PAL pollutant emissions rate at all operating points ofthe emissions unit, the Division shall, at the time ofpermit issuance: 

### (l.) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or (2.) Determine that operation ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation ofthe PAL. (IX) Re-validation. All data used to establish the PAL pollutant mustbe re-validated through performance testing or other scientifically valid means approved bythe Division. Suchtesting must occur at least once every 5 years after issuance ofthe PAL. (M) Recordkeeping Requirements. (I) The PALpermit shall require an owner oroperatorto retain a copy ofall records necessary to determine compliance with anyrequirement of paragraph (b)(xv) ofthis section and ofthe PAL, including a determination ofeach emissions unit's 12-month rolling total emissions, for 5 years from the date ofsuch record. (II) The PALpermit shall require an owner or operatorto retain a copy ofthe following records, for the duration ofthe PAL effective period plus 5 years: 

### (l.) A copy ofthe PAL permit application and any applications for revisions to the PAL; and (2.) Each annual certification ofcompliance pursuantto Chapter 6, Section 3 and the data relied on in certifying the compliance. (N) Reporting andNotification Requirements. The owner or operator shall submit semi-annual monitoring reports andpromptdeviation reports to the Division in accordance with the applicable Chapter 6, Section 3 operating permit program. The reports shall meetthe requirements in paragraphs (b)(xv)(N)(I) through (III) ofthis section.

6-44(I) Semi-annual Report. The semi-annual report shall be submitted to the Division within 30 days ofthe end ofeach reportingperiod. This report shall contain the information required in paragraphs (b)(xv)(N)(I)(l.) through (7.) ofthis section. (1.) The identification ofowner and operator and the permit number. (2.) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuantto paragraph (b)(xv)(M)(I) ofthis section. (3.) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PALpollutant emissions. (4.) A list ofany emissions units modified or added to the major stationary source duringthe preceding 6-month period. (5.) The number, duration, and cause ofany deviations ormonitoring malfunctions (otherthan the time associated with zero and span calibration checks), and any corrective action taken. (6.) A notification ofa shutdown ofany monitoring system, whetherthe shutdown was permanent ortemporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational orreplaced with anothermonitoring system, and whether the emissions unit monitored bythe monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant orthe number determined by method included in the permit, as provided byparagraph (b)(xv)(L)(VII) ofthis section. (7.) A signed statement by the responsible official (as defined bythe applicable Chapter 6, Section 3 operating permitprogram) certifying the truth, accuracy, and completeness ofthe information provided in the report. (II) Deviation Report. The major stationary source owner or operator shall promptly submit reports ofany deviations orexceedance ofthe PAL requirements, including periods where no monitoring is available. A report submitted pursuantto Chapter 6, Section 3(h)(i)(C)(III)(2.) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by Chapter 6, Section 3(h)(i)(C)(III)(2.). The reports shall contain the following information: (1.) The identification ofowner and operator and the permit number;

6-45(2.) The PAL requirementthat experienced the deviation orthat was exceeded; (3.) Emissions resulting from the deviation orthe exceedance;and (4.) A signed statementby the responsible official (as defined bythe applicable Chapter 6, Section 3 operating permitprogram) certifying the truth, accuracy, and completeness ofthe information provided in the report. (III) Re-validation Results. The owner or operator shall submit to the Division the results ofany re-validation test ormethod within three months after completion ofsuch test ormethod. (0) Transition Requirements. (I) The Division shall not issue a PALthat does not comply with the requirements in paragraphs (b)(xv)(A) through (0) ofthis section after the Administrator has approved regulations incorporating these requirements into Chapter 6, Section 4. (II) The Division may supersede any PAL which was established prior to the date ofapproval ofthis regulation bythe Administrator ofEPA with a PALthat complies with the requirements ofparagraphs (b)(xv)(A) through (0) of this section. (xvi) Ifany provision ofthis section, orthe application ofsuch provision to any person or circumstance, is held invalid, the remainder ofthis section, orthe application ofsuch provision to persons or circumstances otherthan those as to which it is held invalid, shall not be affected thereby. (xvii) Transition: (A) The requirements for BACT in Chapter 6, Section 4(b)(ii) and the requirements for air quality analysis in Chapter 6, Section 4(b)(i) shall not applyto a major stationary source or major modification that was subjectto Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner oroperator ofthe source submitted an application for a permitunder these regulations before August 7, 1980, and the Administrator subsequently determines thatthe application submittedbefore that date was complete. Instead, the requirements ofChapter 6, Section 4 as in effecton January 25, 1979, applyto any such source ormodification. (B) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was subjectto Chapter 6, Section 4, as effective onJanuary 25, 1979, ifthe owner oroperator ofthe source or

6-46modification submits an application for a permit underthese regulations on orbefore June 8, 1981, and the Administrator subsequently determines that the application submitted before that date was complete with respect to the requirements for ambient air quality data analyses as in effect on January 25, 1979. Instead, the latter requirements shall applyto such source ormodification. (C) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not applyto a particular source or modification that was not subject to Chapter 6, Section 4, as effective on January 25, 1979, ifthe owneror operator ofthe source ormodification submits an application for a permit underthese regulations before June 8, 1981, and the Administrator subsequently determines that the application as submitted before that date was complete except with respect to the requirements in paragraph (b)(i)(F). (D) The requirements for air quality monitoring for PM 10 in paragraphs (b)(i)(E)(I) through (IV) ofthis section, effective February 13, 1989, shall not apply to a particular source ormodification, ifthe owner oroperator ofthe source or modification submits an application for a permit underChapter 6, Section 4 on orbefore June 1, 1988 and the Administrator subsequently determines that the application submitted before that date was complete, except with respect to the requirements for monitoring particulate matter. (E) The requirements for air quality monitoring ofPM 10 in paragraphs (b)(i)(E)(IV) through (b)(i)(E)(V) ofthis section, effective February 13, 1989, shall apply to a particular source ormodification if the owner or operator ofthe source or modification submits an application for a permit underthis section after June 1, 1988 and no laterthan December 1, 1988. The data shall have been gathered over at leastthe period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (b)(xvii)(G) ofthis section, except that the Administrator mayprovide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered overthat shorterperiod of time. (F) For any application under this section that becomes complete except as to the requirements ofparagraphs (b)(i)(E)(III) and (b)(i)(E)(IV) pertaining to PM 10, after December 1, 1988 and no laterthan August 1, 1989, the data that paragraph (b)(i)(E)(III) requires will have been gathered over at least the period from August 1 , 1988 to the date the application becomes otherwise complete. The Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered overthat shorterperiod oftime. (G) With respect to any requirements for air quality monitoring of PM 10 specified under paragraphs (b)(xvii)(D) and (b)(xvii)(E) ofthis section, effective

6-47February 13, 1989, the owner or operator ofthe source ormodification shall use a monitoring method approved bythe Administrator and shall estimate the ambient concentrations ofPM 10 using the data collected by such approved monitoring method in accordance with estimating procedures approved bythe Administrator. (H) The requirement to demonstrate compliance with the maximum allowable increment for nitrogen dioxide shall not apply to a major stationary source ormajor modification that was subjectto Chapter 6, Section 4, as effective on February 8, 1988, ifthe owner or operator ofthe source ormodification submits an application for a permit underthese regulations on orbefore October 30, 1990 and the Administrator subsequently determines thatthe application submitted before that date was complete. (I) The requirement to demonstrate compliance with the maximum allowable increment for PM 10 shall not applyto a major stationary source ormajor modification that was subject to Chapter 6, Section 4, as effective on June 3, 1993, ifthe owner or operator ofthe source ormodification submits an application for a permitunder these regulations on orbefore the effective date ofthis regulation revision andthe Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirementto demonstrate compliance with the maximum allowable increment for TSP, as in effect atthe time the application was submitted, shall apply: Maximum Allowable Increments ofDeterioration

- J.lg/m3

Pollutant Class I Class II Particulate Matter: TSP, Annual geometric mean TSP, 24-hour maximum* 5 10 19 37 *Maximum allowable increment may be exceeded once peryear at any receptor site. (c) All national parks, national wilderness areas, and national memorial parks in Wyoming as ofJanuary 25, 1979, shall be designated Class I and may not be redesignated. All other areas ofthe State ofWyoming shall be designated Class II as of the effective date ofthis regulation. (d) Redesignation. All redesignation ofareas within the State ofWyoming shall be accomplished through the process ofestablishment ofStandards and Regulations set forth in the Wyoming Environmental Quality Act. (i) The following areas maybe redesignated only as Class I or Class II areas:

6-48(A) An area which exceeds 10,000 acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore; and (B) A national park or national wilderness area which exceeds 10,000 acres in size and is established afterthe effective date ofthis regulation. 

### (ii) Except as provided in paragraph (c) above, any area may be redesignated as Class I or II, with the approval ofthe Administrator ofthe Environmental Protection Agency, in accordance with the provisions ofparagraph (iii) below; provided, however, that lands within the exteriorboundaries ofreservations offederally recognized Indian tribes may be redesignated to any class, but only by the appropriate Indian governing body. (iii) (A) At least one public hearing must be held in accordance with the provisions for adoption ofregulations as set forth in the Administrative Procedures Act and the Wyoming Environmental QualityAct. (B) At least 30 days priorto the public hearing, a description and analysis ofthe health, environmental, economic, social and energy effects ofthe proposed redesignation shall be prepared and made available for public inspection. Any person petitioning the Department or Council to redesignate an area shall be responsible for preparing or submitting such description and analysis. Such persons shall also be responsible for revising this required documentation to the extentnecessary to satisfy the Administrator ofthe U.S. EPA. The notice ofthe public hearing shall contain appropriate notification ofthe availability ofthe description and analysis ofthe proposed redesignation. (C) Agencies from neighboring states, Indian governing bodies, Federal Land Managers, and local governments whose land may be affected bythe proposed redesignation shall be notified at least 30 days priorto the hearing. (D) Prior to proposing a redesignation, the Division and the Air QualityAdvisory Board shall consult with the elected leadership oflocal and other substate general purpose governments in the area covered bythe redesignation. (E) Priorto public notice ofthe proposed redesignation the Division shall provide written notice to any Federal Land Manager who may be responsible for any federal lands within the area proposed for such redesignation and shall afford adequate opportunity (but not in excess of60 days) to confer with the State respecting the intended notice ofdesignation. The Federal Land Manager shall be offered the opportunity to submit written comments and recommendations with respect to such intended notice ofredesignation. In redesignating any area with respect to which the federal land manager has submitted written comments and recommendations, the Division will publish a list ofany inconsistency between such redesignation and such

6-49 

# l f 

# I !.

### recommendation with an explanation ofsuch inconsistency (together with the reasons for making such redesignation againstthe recommendation ofthe Federal Land Manager). (F) The Council shall review and examine the description and analysis prepared pursuantto subparagraph (iii)(B) above priorto any redesignation. (iv) (A) Ifan area has been proposed for redesignation to a more stringent class, no permitto construct may be granted to a source which may cause an impact in the areaproposed for redesignation and for which an application to construct is received by the Division after the filing ofthe petition for redesignation with the Environmental Quality Council until the proposed redesignation has been acted upon; however, approval may be granted if, in the Administrator'sjudgment, the proposed source would not violate the applicable increments ofthe proposed redesignation. Such approval shall be withheld only so long as in the Administrator'sjudgment, the petitioner is expeditiously proceeding toward development ofthe "description and analysis" required under (iii)(B) above, and provided that such "description and analysis" is complete and submitted to the Council for action onthe petition within 18 months ofthe filing ofthe initial petition. Upon good cause shown, the Council may extend the foregoing deadline. (B) Where an application for a permit to construct a source has been received by the Division prior to the receipt by the Council ofa petition for redesignation ofan areato a more stringent class and where such source may cause an impact in the area proposed for redesignation, the permit application shall be processed considering the classification ofan area which existed at the time ofpermit application. For purposes ofestablishing a priority date underthis Chapter 6, Section 4(d)(vi)(B), (1) such permit application is not required to meet the provisions for completeness in Chapter 6, Section 2, and (2) the time frames in Chapter 6, Section 2(g) for action on applications shall not apply. However, a priority date established under Chapter 6, Section 4(d)(vi)(B), shall remain in effect only so long as in the Administrator'sjudgment, the applicant is expeditiously proceeding toward the development and submittal ofsuch other information and data as required to make the application complete underthe provisions ofChapter 6, Section 2, and provided that such other information and data is submitted to, andjudgedto be complete by the Administratorwithin 18 months ofthe filing ofthe initial permit application. Upon good cause shown, the Administrator may extend the foregoing deadline. Section 

### J3. Nonattainment permit requirements. 

### (a) 40 CFRpart 51.165 is herein iucomorated byrefereuce. jn its entiretv. with the exception ofparagraph <al and paragraph (al(1 ).

6-50Section 14. 

### lncorooratjon by 

### reference.

# :~=**~ liiit:n!iincf:Jlin~u:1:e!~:a~!i::::ised** 

# and

incomorated by refereuce. Copies ofthe Code ofFederal Regulations are available for public inspection 

### and copies can

### be obtained atcostfrom**~** Dc;partmept of Enviroomental Qualitv. Division ofAirOualitv. 122 W. 2S Street. Cheyenne. Wvoming 82002. Conies oftbe CFRs can also be obtained at cost from Government Institutes. 15200NBNWav. BuildingB, Blue Ridge Summit, PA 17214.

6-51