WYOMING STATE IMPLEMENTATION PLAN

Regional Haze

Addressing Regional Haze Visibility Protection For The Mandatory

Federal Class I Areas Required Under 40 CFR 51.309

December 2, 2003 (Original Submittal)

Revised May 22, 2008

Revised January 7, 2011
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Table of Contents

Title Page

STATE IMPLEMENTATION PLAN REQUIREMENTS

Section A. Projection of Visibility Improvement .........................................................1

Section B. Clean Air Corridors .....................................................................................4

Section C. Stationary Sources .......................................................................................7

Section D. Mobile Sources .............................................................................................40

Section E. Long-Term Strategy for Fire Programs ....................................................43

Section F. Paved and Unpaved Road Dust ..................................................................46

Section G. Pollution Prevention ....................................................................................47

Section H. Additional Recommendations.....................................................................66

Section I. Periodic Implementation Plan Revisions.....................................................67

Section J. State Planning/Interstate Coordination and Tribal Implementation.......69

Section K. Geographic Enhancements ..........................................................................70

Section L. Reasonable Progress for Additional Mandatory Federal Class I Areas ..71

LIST OF APPENDICES 

Appendix A: Definitions

Appendix B: Stationary Sources

Appendix C: Fire Programs

Appendix D: Interstate and Regional Coordination

Appendix E: Demonstration that the SO2 Milestones Provide Greater Reasonable

Progress than BART
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STATE IMPLEMENTATION PLAN REQUIREMENTS

Section A. Projection of Visibility Improvement

1. Projection of Visibility Improvement Anticipated From Long-Term Strategy

(a) Applicable Class I areas. This projection of visibility improvement covers the 16 Class I 

areas of the Colorado Plateau, as defined in 40 CFR 51.309(b)(1).

(b) Projected visibility improvement. Pursuant to 40 CFR 51.309(d)(2), Table 1 below compares 

the monitored 2000-04 baseline visibility conditions in deciviews for the 20% Best and 20% 

Worst days to the projected visibility improvement resulting from the 2018 Base Case (Base 

18b) and 2018 Preliminary Reasonable Progress (PRP18) modeling scenarios completed to date. 

These 2018 modeling scenarios are defined as follows:

● Base Case (Base 18b) = growth plus all controls “on the books” as of December 2004, no 

BART or SO2 milestones assumptions;

● Preliminary Reasonable Progress Case (PRP18) = refined growth estimates plus all 

controls “on the books” as of May 2007, includes presumptive limit or known SO2 BART 

on EGUs; and

● [future] Final Reasonable Progress Case (FRP18) = all controls “on the books” as of 

2007, will include all BART controls in the WRAP region and limits defined in the SO2

milestone “better-than-BART” program.

When SO2 and NOx controls for all BART sources have been adopted in the WRAP region, and 

the 309 states re-adopt the SO2 milestone program, a 2018 Final Reasonable Progress (FRP18) 

modeling scenario will then be analyzed and the remaining cells completed in the table below. 

The data in the table below satisfy 40 CFR 51.309(d)(2) of the Regional Haze Rule.

All 16 Colorado Plateau Class I areas show a projected visibility improvement for 2018 using the 

monthly averages on the 20% Worst average visibility days, and no degradation on the 20% Best 

average visibility days for each monitoring site. The monthly average method for projecting 

visibility improvement is an allowed variation of EPA guidance, and the method description is 

found at: http://www.wrapair.org/forums/taf/meetings/070226c/Applying_Monitoring_Metrics_ 

for_Regional_Haze_Planning_%20February_23_2007_finalreviewdraft.pdf. The monthly 

averaging method was chosen because it was the shortest averaging period for making the future 

visibility projections, while avoiding the use of the EPA specific days method that only assesses 

improvements on the Worst and Best days observed during one year (2002) of the 2000-04 

baseline monitoring period. The methodology and current data showing projected visibility 

improvement in 2018 are now available through the WRAP TSS 

(http://vista.cira.colostate.edu/tss).
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Table 1. Visibility Impairment in Deciviews*

20% Worst Visibility Days 20% Best Visibility Days

2000-04 

Regional 

Haze Rule 

Baseline 

Monitoring 

Data

Projected Visibility

(Monthly Average Method) 2000-04 

Regional 

Haze Rule 

Baseline 

Monitoring 

Data

Projected Visibility

(Monthly Average Method)

Colorado Plateau

Class I areas

under §309(d)(2)

State

2018

Base Case

(Base18b)

2018

Preliminary 

Reasonable 

Progress 

Case

(PRP18)

2018

Final 

Reasonable 

Progress Case

(FRP18)

2018

Base Case

(Base18b)

2018

Preliminary 

Reasonable 

Progress 

Case

(PRP18)

2018

Final 

Reasonable 

Progress Case

(FRP18)

Grand Canyon National Park AZ 11.7 11.4 11.3 2.2 2.2 2.1

Mount Baldy Wilderness AZ 11.9 11.5 11.4 3.0 2.9 2.8

Petrified Forest National Park AZ 13.2 12.9 12.9 5.0 4.9 4.8

Sycamore Canyon Wilderness AZ 15.3 15.1 15.1 5.6 5.6 5.6

Black Canyon of the Gunnison 

National Park Wilderness CO 10.3 10.1 9.9 3.1 2.9 2.9

Flat Tops Wilderness CO 9.6 9.2 9.0 0.7 0.6 0.5

Maroon Bells Wilderness CO 9.6 9.2 9.0 0.7 0.6 0.5

Mesa Verde National Park CO 13.0 12.8 12.6 4.3 4.1 4.0

Weminuche Wilderness CO 10.3 10.1 9.9 3.1 2.9 2.9

West Elk Wilderness CO 9.6 9.2 9.0 0.7 0.6 0.5

San Pedro Parks Wilderness NM 10.2 10.0 9.8 1.5 1.3 1.2

Arches National Park UT 11.2 11.0 10.9 3.8 3.6 3.5

Bryce Canyon National Park UT 11.6 11.3 11.2 2.8 2.7 2.6

Canyonlands National Park UT 11.2 11.0 10.9 3.8 3.6 3.5

Capitol Reef National Park UT 10.9 10.6 10.5 4.1 4.0 3.9

Zion National Park UT 13.2 13.0 13.0 5.0 4.7 4.7

* Data are from: http://vista.cira.colostate.edu/TSS/Results/HazePlanning.aspx --> Modeling --> Visibility Projections
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2. Applicable WRAP Reports and Documents

Appendix B is found in the WRAP TSD. The methodology and current data showing projected 

visibility improvement in 2018 are now available through the WRAP TSS

(http://vista.cira.colostate.edu/tss).
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Section B. Clean Air Corridors

Note: No revisions were made to this section.

1. Long-Term Strategy for the Clean Air Corridor

See the Wyoming TSD for further details that summarize the WRAP Policy Paper on Clean Air 

Corridors and supports parts b, c, d, and f below.

(a) Comprehensive emissions tracking program. Pursuant to 40 CFR 51.309(d)(3), a 

comprehensive emissions tracking system has been established to track emissions within 

portions of Oregon, Idaho, Nevada and Utah, that have been identified as part of the Clean Air 

Corridor, as specified in (b) below, to ensure that visibility is not degraded on the least-impaired 

days in any of the 16 Class I areas of the Colorado Plateau. This comprehensive emissions 

tracking system was developed by the WRAP to assist the above states in meeting this 

requirement. The Wyoming TSD describes the comprehensive emissions tracking system, and 

the process by which the WRAP will summarize annual emission trends in order to identify any 

significant emissions growth that could lead to visibility degradation in the 16 Class I areas. 

Included in this summary will be an assessment of whether any significant emissions growth has 

occurred within the Clean Air Corridor, in accordance with (c) below.

(b) Identification of Clean Air Corridors. Pursuant to 40 CFR 51.309(d)(3)(i), the State of 

Wyoming has identified a Clean Air Corridor, as indicated in the map provided below. This 

Clean Air Corridor was identified using studies conducted by the Meteorological Subcommittee 

of the Grand Canyon Visibility Transport Commission, and then updated by the WRAP based on 

an assessment described in the WRAP Policy Paper on Clean Air Corridors, and related 

technical analysis conducted by the WRAP.
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Figure 1. Map of the Clean Air Corridor in the Transport Region

(c) Patterns of growth within the Clean Air Corridor. Pursuant to 40 CFR 51.309(d)(3)(ii), the 

State of Wyoming has determined, based on the WRAP Policy Paper on Clean Air Corridors and 

technical analysis conducted by the WRAP, that inside the Clean Air Corridor identified in (b)

there is no significant emissions growth occurring at this time that is causing visibility 

impairment in the 16 Class I areas of the Colorado Plateau. Future emissions growth will be 

tracked in accordance with the comprehensive emissions tracking system in (a) above. The 

WRAP will summarize annual emission trends within the corridor and make an assessment of 

whether any significant emissions growth has occurred within the corridor.

(d) Patterns of growth outside the Clean Air Corridor. Pursuant to 40 CFR 51.309(d)(3)(iii), the 

State of Wyoming has determined, based on the WRAP Policy Paper on Clean Air Corridors and 

technical analysis conducted by the WRAP, that outside the Clean Air Corridor identified in (b)

there is no emissions growth occurring at this time that is impairing air quality within the Clean 

Air Corridor sufficient to cause any visibility impairment in any of the 16 Class I areas of the 

Colorado Plateau. As part of the WRAP’s annual summary of emission trends within the 

corridor, an assessment will be made of emission and monitoring data trends outside the Clean 

Air Corridor, in order to determine if significant emissions growth is occurring outside the 

corridor that could be impairing air quality within the corridor, and resulting in visibility 

impairment in the 16 Class I areas. See Chapter 3 of the WRAP Technical Support Document 

for additional details on this assessment process.

(e) Actions if impairment inside or outside the Clean Air Corridor occurs. The State of 

Wyoming, in coordination with other transport region states and tribes, will review the WRAP’s 

annual summary of emission trends within the Clean Air Corridor and whether any significant 
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emissions growth was identified within the corridor in accordance with (c) above, or was 

identified outside the corridor, in accordance with (d) above. If significant emissions growth was 

identified, the State of Wyoming in coordination with other transport region states and tribes, 

will conduct or seek WRAP assistance in conducting an analysis of the effects of this emissions 

growth in terms of possible impact on air quality within the corridor and possible degradation of 

the least-impaired days in any of the 16 Class I areas of the Colorado Plateau. Pursuant to 40 

CFR 51.309(d)(3)(iv), if this analysis finds that this growth is causing visibility impairment in 

the 16 Class I areas, the State of Wyoming in coordination with other transport states and tribes 

will evaluate the need for additional emission reduction measures, and identify an 

implementation schedule for such measures, if needed. The implementation of any additional 

emission measures shall be coordinated with all appropriate transport region states and tribes, on 

a mutually agreed upon timetable, and reported to EPA in accordance with the periodic progress 

reports required under 40 CFR 51.309(d)(10)(i).

(f) Other Clean Air Corridors. Pursuant to 40 CFR 51.309(d)(3)(v), the State of Wyoming has 

concluded that no other Clean Air Corridors can be identified at this time. This finding is based 

on the review of work conducted by the Meteorological Subcommittee of the Grand Canyon 

Visibility Transport Commission on Clean Air Corridors, as described in the WRAP Policy 

Paper on Clean Air Corridors. Although no formal update on this finding is required, the State 

of Wyoming recognizes that future modeling or monitoring data may indicate other possible 

Clean Air Corridors exist. The State of Wyoming will notify EPA if there is evidence to support 

such a finding in the future, and take appropriate action pursuant to this requirement.

2. Applicable WRAP Reports and Documents

See Chapter 3 of the TSD Development Plan for the technical work conducted in support of the 

WRAP Policy Paper on Clean Air Corridors, summary provided in the Wyoming TSD.
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Section C. Stationary Sources

1. Long-Term Strategy for Stationary Sources

The definitions associated with this section are provided in Appendix A of this document. A 

demonstration of how the Backstop Trading Program is better than applying BART to stationary 

sources is included in Appendix E of this document. 

Part A—Milestones and Determination of Program Trigger

A1 Regional SO2 Milestones

A1.1 Milestone Values

The regional sulfur dioxide milestones for the years 2003 through 2018 are provided in Table 1. 

The milestones shall be adjusted annually as described in paragraph A1.2 of this Stationary 

Sources section.

Table 1. Sulfur Dioxide Emissions Milestones

Column 1 Column 2 Column 3

For the year the regional sulfur dioxide 

milestone is

and the annual SO2 emissions for these years 

will determine whether emissions are greater 

than or less than the milestone

2008 269,083 tons SO2 Average of 2006, 2007 and 2008

2009 234,903 tons SO2 Average of 2007, 2008 and 2009

2010 200,722 tons SO2 Average of 2008, 2009 and 2010

2011 200,722 tons SO2 Average of 2009, 2010 and 2011

2012 200,722 tons SO2 Average of 2010, 2011 and 2012

2013 185,795 tons SO2 Average of 2011, 2012 and 2013

2014 170,868 tons SO2 Average of 2012, 2013 and 2014

2015 155,940 tons SO2 Average of 2013, 2014 and 2015

2016 155,940 tons SO2 Average of 2014, 2015 and 2016

2017 155,940 tons SO2 Average of 2015, 2016 and 2017

2018 141,849 tons SO2 Year 2018 only

2019 forward, 

until replaced 

by an approved 

SIP

141,849 tons SO2 Annual; no multiyear averaging

A1.2 Milestone Adjustments

(a) All milestone adjustments shall require a SIP revision. Section A3.3 of this Plan outlines 

adjustments to be made to the emissions inventory to ensure a consistent comparison to the 

milestones. These adjustments shall be incorporated into the milestones every five years as 

part of the periodic Implementation Plan revisions required by 40 CFR 51.309(d)(10). 
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Adjustments to the milestones shall be tracked in the annual emissions report pursuant to 

Section A3.3. 

(b) Within ninety days of the periodic Implementation Plan revision incorporating 

adjustments based on Section A3.3, the State of Wyoming shall provide the date of the SIP 

revision reflecting the milestone adjustment to sources whose records were used as the basis 

for the milestone adjustment and state that the source needs to retain the record at least five 

years from the date of the SIP revision, or ten years from the date of establishing the record, 

whichever is longer.

(c) Opt-in Provisions for States and Tribes. The regional milestones in Table 1 were 

developed for a 3-state region: New Mexico, Utah, and Wyoming. Other western states and 

tribes may choose to join this backstop trading program in the future. The addition of a state 

or tribe to the program will require SIP/TIP revision for all participating states and tribes to 

adjust the regional milestones, and will not occur automatically. Any state or tribe that 

wishes to opt in to the program will propose milestone adjustments to the participating states 

and tribes using the same methodology that was used to develop the milestones in Table 1. A 

new participant must agree to develop a SIP and backstop trading rule that is consistent with 

those adopted by the other participating states and tribes.

A2 Regional Program Administration

A2.1 Pre-trigger Tracking of Regional SO2 Emissions

The Wyoming Department of Environmental Quality shall work cooperatively with the states 

and tribes that are participating in the SO2 Milestones and Backstop Trading Program to ensure 

that an emission tracking system for the regional SO2 inventory is developed and maintained.

The Department is responsible for all regional program administration functions as described in 

this Plan. The Department will perform these functions through the WRAP, with the WRAP 

functioning as the Department’s agent. The Western Regional Air Partnership (WRAP) 

compiled the SO2 emission inventories that were used during the development of the Western 

Emissions Backstop Trading Program and subsequent SIP revisions, and the WRAP continues to 

refine and improve the overall tracking system for regional haze. The WRAP shall maintain the 

pre-trigger emissions tracking functions outlined in this Plan for the foreseeable future. If the 

WRAP is no longer able to fulfill this function, then the Department shall ensure that other 

arrangements are made, either through a different regional organization or through a contractor 

to maintain the SO2 tracking system that is described in this Plan. The WRAP shall have no 

authority to make regulatory determinations. The WRAP has limited authority under this Plan to 

perform tracking and accounting functions, prepare reports, and perform other administrative 

functions as directed by the Department. The Department shall work expeditiously to correct 

any problems if the WRAP fails to perform any of the functions described in the SIP in a timely 

manner.
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A2.2 Designation of the Tracking System Administrator

If the backstop trading program is triggered due to an exceedance of the SO2 milestones as 

outlined in Part A3 of this section, the Department shall work cooperatively with the other 

participating states and tribes to designate one Tracking System Administrator (TSA). The TSA 

shall be designated as expeditiously as possible, but no later than six months after the program 

trigger date. In addition, before the TSA is designated, the Department shall have entered into a 

binding contract with the TSA that shall require the TSA to perform all TSA functions described 

in this Plan. In addition, the State of Wyoming must obtain sufficient authority to ensure the 

functions in the Implementation Plan are carried out by the TSA.

A2.3 Information Provided by Other States and Tribes

The Department shall accept the emission inventory and permitting information provided by the 

other participating states and tribes in order to determine the milestone value and program trigger 

if such other states and tribes have provided proper documentation and followed the public 

notification process outlined in Parts A3.6 through A3.8 of this section.

A3 Determination of Program Trigger

A3.1 Until the program has been triggered and source compliance is required, the Department 

shall submit an annual emissions report for Wyoming sources to the WRAP and all participating 

states and tribes by September 30 of each year. The report shall document actual sulfur dioxide 

emissions during the previous calendar year for all sources subject to the sulfur dioxide 

milestone inventory requirement of Chapter 14, Section 3. The first report for calendar year 

2003 shall be submitted by September 30, 2004. The Department shall prepare the supporting 

documentation that is included with the annual emissions report as noted in provisions A3.2 and 

A3.3 below.

A3.2 The annual emissions report for Wyoming shall include a source emissions change report 

that contains the following information:

(a) identification of any new sources that were not contained in the previous calendar year’s 

emissions report, and an explanation of why the source is now included in the program;

(b) identification of any sources that were included in the previous year’s report and are no 

longer included in the program, and an explanation of why this change has occurred; and

(c) an explanation for emissions variations at any applicable source that exceeds +/- 20 

percent from the previous year.

A3.3 The annual emissions report for Wyoming shall include a proposed emissions adjustment 

as described in (a) and (b) to ensure a consistent comparison to the milestones.

(a) Changes in emission monitoring or calculation methods. Actual emission inventories for 

sources that change the method of monitoring or calculating their emissions shall be adjusted 
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to be comparable to the emission monitoring or calculation method that was used in the 2006

base year inventory.

(b) Changes due to enforcement actions.

1. Adjustments due to enforcement actions arising from settlements. Adjustments to the 

milestones shall be made, as specified in Part A3.3(b)3 and 4 of this section, if:

(A) an agreement to settle an action, arising from allegations of a failure of an owner 

or operator of an emissions unit at a source in the program to comply with applicable 

regulations which were in effect during the base year, is reached between the parties 

to the action;

(B) the alleged failure to comply with applicable regulations affects the assumptions 

that were used in calculating the source’s base year and forecasted sulfur dioxide 

emissions; and

 

(C) the settlement includes or recommends an adjustment to the milestones.

2. Adjustments due to enforcement actions arising from administrative or judicial orders. 

Adjustments shall be made to the milestones as directed by any final administrative or 

judicial order, as specified in Part A3.3(c)3 and 4 of this section. Where the final 

administrative or judicial order does not include a reforecast of the source’s baseline, the 

state or tribe shall evaluate whether a reforecast of the source’s baseline emissions is 

appropriate. 

3. Adjustments method and effective dates. Based on Part A3.3(c)3 and 4 of this section, 

the milestone must be decreased by an appropriate amount based on a reforecast of the 

source’s decreased sulfur dioxide emissions. The adjustments to the milestone do not 

become effective until after the source has reduced its sulfur dioxide emissions as 

required in the settlement agreement, or administrative or judicial order. All adjustments 

based upon enforcement actions must be made in the form of an implementation plan 

revision that complies with the procedural requirements of 40 CFR 51.102 and 51.103.

4. Documentation of adjustments for enforcement actions. In the periodic plan revision 

required under 40 CFR 51.309(d)(10), the state or tribe shall include the following 

documentation of any adjustment due to an enforcement action:

(A) identification of each source under the state or tribe’s jurisdiction which has 

reduced sulfur dioxide emissions pursuant to a settlement agreement, or an 

administrative or judicial order;

(B) for each source identified, a statement indicating whether the milestones were 

adjusted in response to the enforcement action;
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(C) discussion of the rationale for the state or tribe’s decision to adjust or not to adjust 

the milestones; and

(D) if SO2 emissions reductions over and above those reductions needed for 

compliance with the applicable regulations were part of an agreement to settle an 

action, a statement indicating whether such reductions resulted in any adjustment to 

the milestones or allowance allocations, and a discussion of the rationale for the state 

or tribe’s decision on any such adjustment.

A3.4 The annual sulfur dioxide milestone and emissions report for Wyoming shall document any 

adjustments that should be made to the milestone for the previous year as described below:

(a) The Department will document the submittal date of this Implementation Plan to 

implement the regional Sulfur Dioxide Milestones and Backstop Trading Program, and the 

approval date by the EPA Administrator, if applicable.

(b) Changes due to enforcement actions.

1. Adjustments due to settlements arising from enforcement actions. Adjustments to the 

milestones will be made, as specified in subsection (3.) below, if:

(i) an agreement to settle an action, arising from allegations of a failure of an 

owner or operator of an emissions unit at a source in the program to comply with 

applicable regulations which were in effect during the base year, is reached 

between the parties to the action;

(ii) the alleged failure to comply with applicable regulations affects the 

assumptions that were used in calculating the source’s base year and forecasted 

sulfur dioxide emissions; and

(iii) the settlement includes or recommends an adjustment to the milestones.

2. Adjustments due to administrative or judicial orders. Adjustments to the milestones 

will be made as directed by any final administrative or judicial order, as specified in (3.) 

below. Where the final administrative or judicial order does not include a reforecast of 

the source’s baseline, the Department will evaluate whether a reforecast of the source’s 

baseline emissions is appropriate.

3. Adjustments method and effective dates. The milestone will be decreased by an 

appropriate amount based on a reforecast of the source’s decreased sulfur dioxide 

emissions. The adjustments will not be made to the milestone until after the source has 

reduced its sulfur dioxide emissions as required in the settlement agreement, or 

administrative or judicial order.
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4. Documentation of adjustments for enforcement actions. The report will include the 

following documentation of any adjustment due to an enforcement action or a settlement 

agreement:

(i) identification of each source in Wyoming that has reduced sulfur dioxide 

emissions pursuant to a settlement agreement or an administrative or judicial 

order;

(ii) for each source identified, a statement indicating whether the milestones were 

adjusted in response to the enforcement action;

(iii) discussion of the rationale for the Department’s decision to adjust or not to 

adjust the milestones; and

(iv) if SO2 emissions reductions over and above those reductions needed for 

compliance with the applicable regulations were part of an agreement to settle an 

action, a statement indicating whether such reductions resulted in any adjustment 

to the milestones or allowance allocations, and a discussion of the rationale for the 

Department’s decision on any such adjustment.

5. The State of Wyoming will include all accumulated milestone adjustments due to 

enforcement actions or settlement agreements in the periodic SIP revisions required 

under 40 CFR 51.309(d)(10).

A3.5 Compilation of Reports

(a) The WRAP shall compile the annual emissions reports submitted by all participating 

states and tribes into a draft regional emission report for sulfur dioxide. The WRAP shall 

follow additional quality assurance procedures developed by states and tribes to identify 

possible errors in the emissions data, including screening for missing or added sources, name 

changes, and significant changes in reported emissions. Any questions or anomalies 

regarding Wyoming’s report shall be referred back to the Department for resolution prior to 

the submission of the draft regional emission report.

(b) By December 31 of each year, the WRAP shall submit the draft regional emission and 

milestone report to the Department and shall post the draft report on the WRAP website for 

public review. The report shall include the following information: 

1. Actual regional sulfur dioxide emissions (tons/year).

2. Adjustments to account for:

(i) changes in emission monitoring or calculation methods, or

(ii) enforcement actions or settlement agreements as a result of enforcement actions.

3. Average adjusted emissions for the last three years (if applicable) for comparison to 

the regional milestone.
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A3.6 The Department shall evaluate the draft regional emissions report and shall propose a draft 

determination that the sulfur dioxide milestone has either been met in the region, or has been 

exceeded. In the event that the WRAP has not submitted to the Department a draft regional 

emissions and milestone report by the December 31 deadline for any year, the Department shall 

prepare its own report for that year based upon the annual emissions reports submitted by all 

participating states and tribes pursuant to Part A3.5 of this section for that year. The Department 

shall modify the data in these annual emissions reports, or use data where such report(s) have not 

been submitted, based upon direction received from the Environmental Protection Agency.

A3.7 The Department will publish a notice of the final determination in newspapers of general 

circulation throughout the State of Wyoming. This notice will include the milestone and the 

final annual regional sulfur dioxide emissions for that year. If the milestone has been exceeded, 

the notice will specify the program trigger date and the first year that WEB sources must be in 

compliance with the WEB Trading Program provisions as outlined in Chapter 14, Section 2. The 

Department shall submit the draft determination to EPA for review and comment.

A3.8 The Department shall review any comments received during the comment period, and shall 

submit a copy of all comments to the WRAP and to all participating states and tribes along with 

a response to address the comments.

A3.9 The WRAP shall compile the comments and responses from all participating states and 

tribes and prepare a draft final regional emissions report. The report shall be submitted to the 

states and tribes that are participating in the program and, if necessary, the report shall propose a 

common program trigger date.

A3.10 The Department shall review and approve the final regional emissions report. The 

Department shall then submit this report to the Environmental Protection Agency along with a 

final determination that the milestone has either been met in the region, or that the milestone has 

been exceeded and the WEB Trading Program has been triggered in Wyoming. This final 

determination shall be submitted to the Environmental Protection Agency by the end of March 

fifteen months following the milestone year. The first final determination shall be due March 31, 

2005 for the 2003 milestone. If the milestone has been exceeded, the common trigger date 

proposed in the regional report shall become the program trigger date for purposes of 

implementing the WEB Trading Program. In the event that the program trigger date must be 

established by the Department in the absence of a regional emissions and milestone report 

prepared by the WRAP, the date shall be March 31 of the applicable year.

A3.11 The Department shall notify the public of the final determination. This notice shall 

include the final calculation of the milestone and the final annual regional emissions. If the 

milestone has been exceeded, the notice shall include the program trigger date and the first year 

that WEB sources must be in compliance with the WEB Trading Program provisions outlined in 

Section 2(c)(ii) of Chapter 14. Wyoming will publish the final annual emissions report in a 

statewide newspaper’s legal section.
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A4 Year 2013 Assessment

A4.1 Initial Assessment in 2013 Periodic SIP/TIP Review

(a) The Department shall work cooperatively with the WRAP and other participating states 

and tribes to develop a projected emission inventory for SO2 through the year 2018, using the 

2010 regional inventory as a baseline. This projected inventory shall be included in the 2010 

annual emission and milestone report that shall be completed in March 2012 as outlined in 

Part A3 of this section. 

(b) The Department shall evaluate the projected inventory, and based upon this information 

make an assessment of the likelihood of meeting the regional milestone for the year 2018. 

The Department shall include this assessment as part of Wyoming’s progress report that must 

be submitted by December 31, 2013, as required by 40 CFR 51.309(d)(10).

A4.2 Regional Emissions Report for 2012

(a) The Department shall prepare an SO2 emission report for the year 2012 by September 30, 

2013 as described in Part A3.1 of this section. The Department shall include a list of all 

known projects in Wyoming that are anticipated to affect SO2 emissions in 2018. This may 

include permitted projects, projects that are still in the planning stage, or projections from the 

affected sources of anticipated emissions in 2018. The status of these projects shall be 

described to provide a better understanding of the degree of certainty that individual projects 

will be completed by 2018.

(b) The WRAP shall compile the information from all participating states and tribes, prepare 

draft SO2 inventory projections for the year 2018, and estimate the effect of known future 

projects on SO2 emissions. Projected 2018 emissions will be compared to the 2018 

milestone. This information shall be included in the draft regional emissions report that shall 

be submitted to the Department by December 31, 2013, as part of the report for the year 

2012, as outlined in Part A3.5 of this section.

A4.3 Consensus Decision 

The Department commits to meet with the participating states and tribes in March 2014 to 

discuss any comments received on the 2018 emission projections in the draft report. The 

participating states and tribes shall decide, through a consensus process, whether an early trigger 

of the WEB Trading Program is necessary to meet the SO2 emission reduction goals in 2018.

A4.4 Official Trigger

If the participating states and tribes unanimously decide under Part A4.3 of this section that an 

early trigger of the backstop trading program is necessary, the Department shall trigger the WEB 

Trading Program and the timing of various program elements shall be adjusted as follows to 

ensure that the WEB Trading Program is in place in 2018. The date of the consensus decision by 
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the participating states and tribes to voluntarily trigger the WEB trading program shall become 

the program trigger date.

(a) Allowances for 2018 shall be distributed to WEB sources by January 1, 2015.

(b) The first control period shall be the year 2018. WEB sources will need to demonstrate at 

the end of the first control period that they have enough allowances to cover their SO2 

emissions in 2018.

A4.5 Public Notification

The Department shall notify the public of the decision. The Department will publish notice of 

the decision in newspapers of general circulation throughout Wyoming. If applicable, the notice 

will include a statement that the WEB Trading Program is in effect and will specify the program 

trigger date.

A5 Special Penalty Provisions for the 2018 Milestone

If the WEB Trading Program is triggered as outlined in Part A.3 of Section C of this 

Implementation Plan, and the first control period will not occur until after the year 2018, a 

special penalty shall be assessed for the exceedance of the 2018 milestone.

Details on the penalty provisions for violation of the 2018 milestone can be found in Section 2(l) 

of Chapter 14. In general, the penalty involves an assessment of the minimum $5,000 per ton of 

SO2 emissions in excess of the WEB source’s allowance limitation. The source can resolve its 

excess emissions violation by agreeing to a streamline settlement approach outlined in Section 

2(l)(i)(E)(I) of Chapter 14.

The amount of the minimum monetary penalty in Section 2(l) of Chapter 14 shall be evaluated at 

each five-year SIP review, and adjusted to ensure that penalties per ton substantially exceeds the 

expected cost of allowances to ensure that this remains a stringent penalty.

The 2018 special penalty provisions shall continue to be applied each year after 2018 until the 

2018 milestone has been achieved.

Part B—Pre-Trigger Emissions Tracking Requirements

B1 SO2 Emission Inventory

WDEQ is in the process of developing Chapter 14, Section 3 to satisfy the SO2 emission 

inventory requirements described below. That rule will be processed parallel with this SIP.

(a) Applicability. To insure compliance with the emission inventory requirements for pretrigger tracking compliance with the sulfur dioxide milestones set forth under 40 CFR 

51.309, the following changes will be incorporated into Chapter 14, Section 3. All stationary 

sources with actual emissions of one hundred (100) tons per year or more of sulfur dioxide in 
16

the year 2000, or in any subsequent year, must submit an annual inventory of sulfur dioxide 

emissions, beginning with the 2003 emission inventory. A source that meets these criteria 

that then emits less than 100 tons per year in a later year must still submit a sulfur dioxide 

inventory for tracking compliance with the regional sulfur dioxide milestones until the WEB 

Trading Program has been fully implemented and emission tracking has occurred under 

Section 2(h) of Chapter 14.

(b) All stationary sources will be required to comply with the following federally enforceable 

provisions:

(1) submit an annual inventory of SO2 emissions;

(2) document the emissions monitoring/estimation methodology used, and demonstrate 

that the selected methodology is acceptable under the inventory program;

(3) include emissions from startup, shut down, and upset conditions in the annual total 

inventory;

(4) use 40 CFR part 75 methodology for reporting emissions for all sources subject to the 

federal acid rain program;

(5) smelters must submit an annual report of sulfur input, in tons/year;

(6) maintain all records used in the calculation of the emissions, including but not limited 

to the following:

(i) amount of fuel consumed,

(ii) percent sulfur content of fuel and how the content was determined,

(iii) quantity of product produced,

(iv) emissions monitoring data,

(v) operating data, and

(vi) how the emissions are calculated;

(7) maintain records of any physical changes to facility operations or equipment, or any 

other changes (e.g., raw material or feed) that may affect the emissions projections, and 

retain records for a minimum of ten years from the date of establishment, or if the record 

was the basis for an adjustment to the milestone, 5 years after the date of an 

implementation plan revision, whichever is longer.

(8) retain records for a minimum of ten years from the date of establishment, or if the 

record was the basis for an adjustment to the milestone, 5 years after the date of an 

implementation plan revision, whichever is longer.

(c) The State of Wyoming shall retain 2006 emission inventory records for non-utilities until 

the year 2018 to ensure that changes in emissions monitoring techniques can be tracked.
17

B2 Development of Emission Tracking System

The Department shall work cooperatively with the states and tribes that are participating in the 

WEB Trading Program to ensure that an emission tracking system for the regional SO2 inventory 

is developed and maintained.

B3 Periodic Audit of Pre-Trigger Emission Tracking Database

During the pre-trigger phase when the Department is tracking compliance with the regional SO2 

milestones, the Department shall work cooperatively with the participating states and tribes to 

ensure that an independent audit of the tracking database is conducted to ensure that the WRAP 

is accurately compiling the regional emissions report. The first audit shall occur during the year 

2006 and shall review data collected during the first two years of the program. Subsequent 

audits shall occur in 2011 (which shall cover emissions years 2005-2009) and 2016 (which shall 

cover emissions years 2010-2014).

The primary focus of the audit will be the process that is used to compile the regional inventory 

from the data provided by each state and tribe, and the tracking of accumulated changes during 

the period between SIP revisions. The audit shall also review the accuracy and integrity of the 

regional reports that are used by the Department to determine compliance with the milestones.

The audit is not intended to be a full review of the Department’s process for compiling and 

reporting SO2 emissions, but shall include a broad review of the Department inventory 

management and quality assurance systems (i.e., presence and exercise of systems to assure data 

quality and integrity).

The audit shall discuss the uncertainty of emissions calculations, and whether this uncertainty is 

likely to affect the annual determination of whether the milestone is exceeded. The audit shall 

identify any recommended changes to emissions monitoring or calculation methods or data 

quality assurance systems. The audit shall also review and recommend any changes to improve 

the administrative process of collecting the annual emissions data at the state and tribal level, 

compiling a regional emission inventory, and making the annual determination of whether the 

WEB Trading Program has been triggered.

Changes to the WEB trading program, including any changes to the milestones, due to the results 

of these periodic audits shall be submitted to EPA as a SIP revision as part of the five-year SIP 

review required by 40 CFR 51.309(d)(10).

The Department shall provide an opportunity for public review and comment on the draft audit 

report following each Department procedure. The Department shall respond to comments and 

provide notice of the final availability of the report. The Department shall submit the final audit 

report to the EPA regional office.
18

Part C—WEB Trading Program Requirements

C1 Allowance Allocations

C1.1 Initial Allocation of SO2 Allowances

(a) Draft Allocation Report. Within six months of the program trigger date, as outlined in 

Part A3.11 of this section, the Department will submit a draft allocation report to all 

participating states and tribes and to the TSA. This report will contain the following 

information:

1. A list of all WEB sources in Wyoming as defined in Chapter 14, Section 2 that 

groups the sources into two categories:

(i) Category 1: WEB sources that commenced operation prior to January 

1, 2008. These sources will receive a floor allocation and will be eligible 

for the reducible portion of the allocation.

(ii) Category 2: WEB sources that commenced operation on January 1, 

2008 or a later date. These sources will receive a floor allocation, but will 

not be eligible for the reducible allocation. The floor allocation for 

Category 2 sources will be deducted from the new source set-aside.

WEB sources that have received a retired source exemption under Chapter 14, Section 

2(c)(iv) will be included in the allocation process in the same manner as WEB sources 

that are currently operating. However, sources that were permanently shut down prior to 

the program trigger date are not considered WEB sources under Chapter 14, Section 

2(c)(i) and would therefore not be included in the allocation process.

2. The floor allocation for all WEB sources in Wyoming.

(i) For non-utility Category 1 WEB sources, the floor allocation shall be 

as established in the E.H. Pechan Report, “Market Trading Forum NonUtility Sector Allocation Final Report from the Allocations Working 

Group” (November 2002). If any additional Category 1 sources are 

identified, the Department shall calculate a floor allocation using the 

methodology outlined in the E.H. Pechan Report.

(ii) For utility Category 1 WEB sources, the floor will be calculated by 

first assigning a “clean unit” emission rate to each unit. The clean unit 

emission rate will then be multiplied by an annual heat input (MMBtu) 

that represents a realistic upper bound for the unit. 

Note: The floor level approach described above is designed to address equity issues 

regarding the allocation process for utilities. The State of Wyoming is participating in 

ongoing discussions with the other participating states, tribes and regional stakeholders to 
19

ensure that all equity issues have been addressed. Wyoming will work with the other 

participating states and tribes to ensure that the floor allocation is calculated in a

consistent manner for all participants. As outlined further in this allocation methodology, 

the floor for both utilities and non-utilities is limited by the utility/non-utility split in 

Table 2. The floor allocation methodology will ensure that credits are available for early 

reduction allocations. In addition, the regional number of allowances allocated for each 

year cannot exceed the milestone for that year under any circumstances.

Principles

• Each unit will have enough allowances to operate as a clean source and at an 

operating rate (capacity factor) that is a realistic upper bound for the unit.

• There will not be significant winners and losers in this process.

• The focus is on a fair approach that is applied equally to all sources rather than on 

state and tribal budgets.

• The allocation process will use data that reflect current conditions, including current 

monitoring methodologies.

Equity Issues

• Sources that are currently burning very low sulfur coal may see changes in their 

supply in the future. Historic actual emissions may not reflect future operations.

• Sources that are currently operating at a low utilization may not reach full 

capacity in the future. Assumptions about growth that are realistic on the regional 

level may provide a windfall to some sources, and not provide adequate 

allowances for other sources.

• There are some utility units in the region that are not BART-eligible and are 

operating at a low level of control for SO2. The relative responsibility of BARTeligible vs. non-BART-eligible is a consideration in the process.

• Sources that are operating at a high level of control are already bearing the cost of 

control and this affects their ability to compete in the market.

• Sources that have no SO2 controls are facing a large expense that could affect 

their ability to continue to operate.

• Emission rate disparities exist throughout the region.

(iii) For Category 2 WEB sources the floor allocation shall be the lower 

of the permitted SO2 annual emissions for the WEB source, or SO2 annual 
20

emissions calculated based on a level of control equivalent to BACT and 

assuming 100% utilization of the WEB source. 

3. A list of certified early reductions, expressed as tons of SO2. Early reductions 

will be calculated and certified as follows:

(i) Any WEB source that installs control technology and accepts new 

permit emissions limits that are, for a non-utility source, below its floor as 

established in this section, or, for a utility source, below BACT, may apply 

for an early reduction credit as outlined in Chapter 14, Section 2(f)(v). 

The credit will be available for reductions that occur between 2008 and the 

program trigger year. The application must show that the floor was 

calculated in a manner that is consistent with the monitoring requirements 

of Chapter 14, Section 2(h)(i)(A) and (i)(C) and the new permit must 

contain monitoring requirements that are consistent with Chapter 14, 

Section 2(h). Emission units that are monitored using the less stringent 

monitoring requirements of Chapter 14, Section 2(h)(i)(B) are not eligible 

for early reduction credits. The credits accumulate from the time the new 

controls come on line until the program trigger date and will be allocated 

to the WEB source over a 10-year period. The use of early reduction 

credits in any control period is limited to no more than five percent, 

systemwide, of the existing available allowances, as provided in Part 

C1.1(b)5 of this section.

(ii) The Department will review the application and will certify early 

reductions for each full year between 2008 and the program trigger year 

that meet the requirements of Chapter 14, Section 2(f)(v) and this Plan.

(iii) A source’s certified early reductions for all years will be added 

together to obtain the total certified early reductions for that source. 

4. Historical SO2 emissions data for all Category 1 sources for the purposes of 

calculating the reducible allocation.

(i) For utilities, the annual SO2 emissions for the year 2006. Another time 

period may be used for individual emission units, if needed, to be 

representative of normal operating conditions.

(ii) For non-utilities, the annual SO2 emissions for the year 2006.

5. Changes due to enforcement actions or settlement agreements as a result of 

enforcement actions. The adjustment shall be determined in accordance with Part 

A3.3(c) of this section. The difference between the WEB source’s allocations 

prior to enforcement and after the enforcement action shall be removed from the 

allocation pool.
21

(b) Compiled Allocation Report

The TSA will compile the information provided by all participating states and tribes into 

a draft regional allocation report, and will submit this draft regional report to the 

Department and all participating states and tribes for review and comment thirty days 

after receiving the preliminary allocation reports. The draft regional allocation report 

will include a proposed budget for each state and tribe and the proposed allocation for 

each WEB source in Wyoming.

The State of Wyoming will work closely with the other participating states and tribes to 

ensure that the regional allocation is distributed consistently and fairly and to address any 

change in status that may affect this process.

The following methodology distributes the allowances available under the milestone in 

the following order: tribal set-aside, new source set-aside, floor, early reduction credit, 

reducible allocation. The allocation process is limited by the number of allowances 

available under the milestone. It is not possible under this methodology to distribute 

more allowances than are available under the milestone. Wyoming expects that there will 

be allowances available for all of the categories listed above. However, if at any time in 

the process there are not enough allowances available to fully cover a particular category, 

then the sources eligible for that category will receive a pro-rated allowance, and the 

process will stop. For example, if the early reduction credit allocation is greater than the 

remaining available allowances under the milestone, then each of the early reduction

sources would receive a reduced early reduction credit allocation, and there would be no 

reducible allocation.

1. Table 2 shows the major categories that will be used to allocate allowances 

under the milestone. The methodology to calculate the available allocation for 

existing sources is described below. The milestone for the 3-state region is the 

starting point.

Table 2. Utility/Non-utility Split.

Milestone 

from Table 1

Tribal 

Set-aside

New Source 

Set-aside

Remaining 

Allocation

Utility 

Portion

Non-utility 

Portion

2008 269,083 2,500 6,143 260,440 10,480 49,961

2009 234,903 2,500 6,143 226,260 176,299 49,961

2010 200,722 2,500 6,143 192,079 142,119 49,961

2011 200,722 2,500 6,143 192,079 142,119 49,961

2012 200,722 2,500 6,143 192,079 142,119 49,961

2013 185,795 2,500 12,286 171,009 121,048 49,961

2014 170,868 2,500 12,286 156,082 106,121 49,961

2015 155,940 2,500 12,286 141,154 91,194 49,961

2016 155,940 2,500 12,286 141,154 91,194 49,961

2017 155,940 2,500 12,286 141,154 91,194 49,961

2018 141,849 2,500 12,286 127,063 80,402 46,661
22

2. Subtract the floor allocation for all WEB sources in the region that were 

identified as Category 2 from the new source set-aside to determine the available 

allocation for new sources that begin operation after the program trigger date. 

This allocation methodology treats all Category 2 sources as existing sources 

because these sources will be operating on the program trigger date. However, 

the allowances for all Category 2 sources are actually drawn from the new source 

set-aside. If new source growth exceeds the projections used to develop this Plan, 

it is possible that the above calculation will result in a negative number. 

Therefore, to address this problem, Category 2 sources will be ranked based on 

the date the permit is issued for each source. Sources will then be removed from 

the list of Category 2 sources, starting with the most recent permit, until the new 

source set-aside is no longer depleted. The last source on the list will receive a 

partial allocation. The sources that were removed from the list will be considered 

new sources as described in Section C1.3 of this Plan. These sources will need to 

purchase allowances to cover their emissions because the new source set-aside for 

sources that begin operation after the program trigger date will be calculated as 

zero until it is replenished in the next 5-year period. The allocation process for 

these new sources is described in Section C1.3 of this Plan.

Example calculation of the new source set-aside.

The example uses the following assumptions:

(i) Emissions exceed the milestones based on an average of the 

years 2004-2006.

(ii) The program trigger date is March 31, 2008.

(iii) The first 5 years of the program are 2012-2016.

(iv) New sources that commenced operation between January 1, 

2008 and the program trigger date have a total floor allocation of 

600.

2012 2013 2014 2015 2016

New Source Set-Aside 6,143 12,286 12,286 12,286 12,286

Floor for Category 2 

Sources

600 600 600 600 600

Remaining New Source

Set-aside

5,543 11,686 11,686 11,686 11,686

3. The remaining allocation shown in Table 2 is available for distribution to 

Category 1 sources. The final two columns in Table 2 split this remaining 

allocation into a utility allocation and a non-utility allocation.

4. Subtract the floor allocations for all Category 1 utility and non-utility sources in 

the region from the utility allocation or the non-utility allocation.
23

In the unlikely event that the total floor allocation for either utility or non-utility 

sources submitted by the participating states and tribes exceeds the total allocation 

available for that category, the TSA will notify the participating states and tribes 

of the discrepancy. Wyoming commits to work with the participating states and 

tribes through a consensus process to ensure that the floor allocation has been 

calculated in a consistent manner for all participants and to ensure that the floor 

allocation does not exceed the total allocation available for that category. The 

total number of allowances distributed cannot exceed the milestone for any given 

year.

5. Calculate the early reduction allocation.

(i) Divide the number of certified early reduction credits for all WEB 

sources in the region by ten.

(ii) Add the utility allocation for 2018 to the non-utility allocation for 2018 

and then multiply this total by 0.05.

(iii) If the product of paragraph (i) is no more than the product of 

paragraph (ii), the product of paragraph (i) is the early reduction 

allocation, and each source is allocated ten percent of its early reduction 

credits.

(iv) If the product of paragraph (i) is more than the product of paragraph 

(ii), the early reduction allocation for the region is the product of 

paragraph (ii). To determine a source’s allocation, divide the product of 

paragraph (ii) by 0.10 times the total number of early reduction credits and 

apply that ratio to the early reduction credits claimed by the source.

(v) Split the regional early reduction allocation based on the ratio of utility 

to non-utility allocations in 2018 and subtract the early reduction 

allocation from the utility and non-utility allocation totals.

(vi) The early reduction allocation will be calculated in a similar manner 

for the second five-year allocation period under this program, and will 

then be discontinued for any future allocation periods.

6. Any remaining allowances in the utility allocation or the non-utility allocation 

after subtraction of the early reduction allocation is considered the reducible 

allocation and will be assigned to Category 1 sources. 

(i) For non-utility sources, add together the historic SO2 emissions in 

accordance with Part C1.1(a)5 of this section for all Category 1 non-utility 

sources in the region to determine an historic emission total. Determine a 

percent contribution of SO2 emissions for each WEB source to the historic 
24

emission total. Multiply the non-utility reducible allocation calculated in 

paragraph (7.) by the percent contribution for each WEB source to 

determine a reducible allocation for each WEB source.

(ii) For utility sources, the reducible allocation will be distributed to 

sources that emitted above their floor in the baseline period (2006) based 

on their percentage of total floor emissions for sources emitting above the 

floor times the number of reducible allowances available for the first five 

years of the WEB Trading Program. The number of allowances for any 

source receiving a reducible allocation shall not exceed a recent historic 

emission rate times a heat input that represents a realistic upper bound for 

the unit.

Note: The approach for distributing the reducible utility allocation 

described above is designed to address equity issues regarding the 

allocation process for utilities. The State of Wyoming is participating in 

ongoing discussions with the other participating states, tribes and regional 

stakeholders to ensure that all equity issues have been addressed. The 

principles and equity issues that are under discussion are listed in Part 

C1.1(a)2 of this section. 

7. Add together the floor allocation, early reduction allocation, and reducible 

allocation for each WEB source to determine the proposed allocations for the first 

five years of the WEB Trading Program.

8. Add together the proposed allocations for all of the WEB sources in the 

jurisdiction of each participating state and tribe to determine a draft SO2

allowance budget for each state and tribe.

(c) Public Comment Period

The Department will publish notice of availability of the draft regional allocation report 

in newspapers of general circulation throughout Wyoming. A 30-day public comment 

period will be established, and a hearing will be held during the comment period. The 

Department will consider the comments, and will revise the draft report if the 

recommended changes are consistent with the allocation process outlined in this Plan. 

The Department will prepare a written response that explains why each comment has 

either been accepted or has been determined to be inconsistent with the allocation process 

outlined in this Plan.

(d) Proposed Changes Submitted to Tracking System Administrator

The Department will submit a copy of all comments received, the response to those 

comments, and any proposed changes to the budget and source allocations to the TSA 

within sixty days of receipt of the draft regional allocation report.
25

(e) Compilation of Changes

The TSA will compile the comments, responses, and proposed changes to the report and 

will submit a final draft regional allocation report that is consistent with the allocation 

methodology outlined in this Plan to the Department within 90 days of the receipt of the 

draft regional allocation report.

(f) Final Regional Allocation Report

The Department will review the final regional allocation report and will determine the 

budget for Wyoming and allocations for WEB sources within Wyoming in accordance 

with the allocation methodology outlined in this Plan within 30 days of receipt of the 

final draft allocation report. The Department will submit the budget and allocations for 

all WEB sources in Wyoming to EPA, and will notify the TSA that the WEB source 

allocations should be recorded in the allowance tracking system.

(g) Notification

The Department will notify all WEB sources within Wyoming of the number of 

allowances that have been recorded in their compliance account. The notice will include 

a warning to the WEB sources that reported annual sulfur dioxide emissions may change 

due to the implementation of new monitoring methods as required by Chapter 14, Section 

2(h). Allocations for the first five years of the program will not be adjusted to account 

for changes due to the new monitoring method. However, allocations during the next 

five-year distribution will be adjusted as needed to account for paper changes in 

emissions due to changes in monitoring methodology.

C1.2 Distribution of Allowances for Future Control Periods

By December 1 of the year five years after the initial allocation, the Department will follow the 

process outlined in Part C1.1 of this section to distribute allowances for the next five-year period. 

This process will continue every five years until allowances have been allocated through the year 

2018.

C1.3 Distribution of the New Source Allocation

(a) The new source set-aside will be available for two categories of sources.

1. New WEB sources are eligible to receive an annual floor allocation equal to the 

lower of the annual permitted sulfur dioxide emissions for the source, or sulfur

dioxide annual emissions calculated based on a level of control equivalent to 

BACT and assuming 100% utilization of the WEB source, beginning with the 

first full calendar year of operation and in accordance with the provisions of 

Chapter 14, Section 2(f)(vi).
26

2. Existing sources that increase production are eligible to receive allowances 

from the new source set-aside equal to:

(i) the permitted annual sulfur dioxide emission limit for a new unit; or 

(ii) the permitted annual SO2 emission increase for the WEB source due to 

the replacement of an existing unit with a new unit or the modification of 

an existing unit that increased the production capacity of the WEB source.

Permitted emission increases due to fuel switching or other process changes that 

are not directly related to increased production capacity are not eligible for 

allocations from the new source set-aside. The allocation from the new source 

set-aside in the first year of operation will be adjusted to account for the number 

of days that the source is operating in that first year.

EXAMPLE. A new unit with a nameplate capacity of 400 MW is constructed at a 

power plant with two existing units with nameplate capacities of 400 MW and 

300 MW. The two existing units install SO2 controls and reduce emissions to 

meet PSD requirements for the construction of the new unit. In this example, the 

source would continue to receive a floor and a reducible allocation for each of the 

existing units, and would also be eligible to receive an allocation from the new 

source set-aside for the new unit. Even though total SO2 emissions will decrease 

at this plant due to the construction of the new unit, the allowances allocated to 

the source will increase to reflect the increase in production capacity of 400 MW 

of electricity. If the new unit comes on line on July 1 the allocation for the first 

year will be reduced by 50 percent because the unit was operational for half of the 

year.

(b) Allocations from the new source set-aside will remain constant for the applicable 

WEB source and will be made on an annual basis by March 31 of each year for the 

current control period. When the next five-year allocation block is distributed as outlined 

in Part C1.2 of this section, all sources with an allocation under the new source set-aside

will receive a five-year allocation block from the new source set-aside, and will continue 

to receive this allocation in future five-year allocation blocks.

(c) Owners or operators of new WEB sources or modified WEB sources that meet the 

eligibility requirements of (1) may apply for an allocation from the new source set-aside

by submitting a written request to the Department as outlined in Chapter 14, Section 

2(f)(vi). 

(d) The Department will review the application for an allocation for accuracy and 

completeness, and will notify the source of intent to distribute allocations from the 

regional new source set-aside pending verification that allowances are available in the 

new source set-aside account. The Department will then forward the request to the TSA.
27

(e) The TSA will document the date that the request is received by the TSA. Requests for 

allocation of allowances from the new source set-aside will be processed in the order 

received. The TSA will deduct the number of allowances requested from the regional 

new source set-aside that was established by the participating states and tribes, and will 

then record an equal number of allowances in the source’s compliance account for each 

remaining year of the five-year period. The TSA will then send written notification to the 

source and to the Department that the allowances have been recorded in the source’s 

compliance account.

(f) If there are insufficient allowances remaining in the new source set-aside to fulfill the 

request, the source must to purchase the allowances required to demonstrate compliance. 

Any eligible WEB source that does not receive an allocation from the new source setaside because the set-aside was depleted will be first in line to receive an allocation when 

the new source set-aside is increased in the next five-year period as outlined in Section 

C1.1(b)3 of this Plan. If there is more than one such source, their allocation requests will 

be processed in the order they were received by the TSA.

(g) A source that has received a retired source exemption and continues to receive an 

allocation as a retired WEB source is not eligible to receive an allocation from the new 

source set-aside.

C1.4 Regional Tribal Set-aside

(a) Each year after the program is triggered for which allowances are allocated, 2,500

allowances will exist as a tribal set-aside.

(b) The tribal caucus of the WRAP has stated its intent to determine the means for 

distributing the allowances among the tribes by one year after the program trigger date. The 

Department understands that there will be a process that shall meet the tracking and data 

security requirements of the allowance tracking system by which a tribe shall move its setaside allowances into the trading program for the purposes of trading.

(c) The State recognizes that the tribal set-aside allowances are bonus allowances for the 

tribes and as such, are separate and additional to any allowances included in a tribal budget 

or the new source set-aside as outlined in the allocation report in Part C1.1(b)(1) of this 

section.

C1.5. Opt in Sources. The State of Wyoming is deferring inclusion of provisions for opt-in 

sources until a future SIP revision to allow time to thoroughly consider how to provide the 

flexibility and potential benefits to the market by expanding the program while also ensuring that 

the SO2 emission reductions goals are maintained.

C2 WEB Emissions and Allowance Tracking System (WEB EATS)

The Department will provide a centralized system for the tracking of allowances and emissions 

within the framework of the SIP. The centralized system will be referred to as the WEB 
28

Emissions and Allowance Tracking System (WEB EATS). The WEB EATS must provide that 

all necessary information regarding emissions, allowances, and transactions is publicly available 

in a secure, centralized database. The EATS must ensure that each allowance is uniquely 

identified, allow for frequent updates, and include enforceable procedures for recording data.

The Department shall work cooperatively with other states and tribes participating in the WEB 

Trading Program to designate this system. The Department shall be responsible for ensuring that 

all the EATS provisions are completed as described in this Plan.

The EATS will not exist unless the program is triggered. Prior to the implementation of the 

WEB Trading Program, a separate emissions tracking database will be employed to track the 

ongoing emissions of sources emitting SO2 at amounts equal to or greater than 100 tons per year. 

The emissions tracking database, used to track and measure SO2 emissions against the 

milestones, will still exist once the WEB Trading Program is triggered; however, it shall become 

incorporated into the SO2 Emissions and Allowance Tracking System. Both the emissions 

tracking database and the EATS shall be centralized systems with data posted in a format, 

including an electronic, Web-based program, and available to all persons.

The participating states and tribes shall contract with a common Tracking System Administrator 

to service and maintain the WEB EATS. It is envisioned that the EATS will require the use of a 

contracted consultant or database design engineer to create a secure, efficient and transparent 

tracking system. Because the EATS shall be utilized by all states and tribes participating in the 

program, the design will require a uniform approach and level of security that will satisfy 

regional needs and concerns as well as meet the electronic, Web-based, access needs and security 

provisions. Due to the dynamic needs of the marketplace, the EATS will require a database that 

will reflect the current status of allowances and allowance transactions. The EATS shall be 

operational within one year after the program trigger date.

Specifications of the WEB EATS such as emissions tracking, the recording of allowance 

transactions, account management, system integrity and transparency are outlined in the WEB 

Emissions and Allowance Tracking System (EATS) Analysis. The EATS Analysis and related 

sections of Chapter 14, Section 2 detail how a WEB source will register for the EATS and how 

the source will, through an account representative, establish accounts, transfer allowances, and 

track unused allowances from a previous year. The account representative will also look to the 

Analysis to determine the appropriate interface with the EATS.

Neither the Department nor the TSA shall adjudicate any dispute concerning the authorization of 

any Account Representative with regard to any representation, action, inaction, or submission of 

the Account Representative.

As an example of how the WEB EATS will generally function, once the WEB Trading Program 

is triggered a WEB source will have its allowance allocation determined. On a parallel track, the 

WEB source’s account representative will register for the EATS under Section 2(e) of Chapter 

14, and a compliance account will be established under Section 2(g) of Chapter 14. Each 

allowance will be assigned a serial number. The allowance serial number will be used by the 

WEB EATS to track allowance allocations, transfers (Section 2(i) of Chapter 14), deductions, 
29

and account for any unused allowances from a previous year (Section 2(j) of Chapter 14). The 

serial number will also be assigned each allowance recorded in a general account, an account for 

allowances that are not held to meet program compliance requirements. Furthermore, the EATS 

will track tribal allowance set-asides and new source allowance set-asides not yet assigned to 

either a compliance or general account.

It is important to note that while an effort has been made in this Plan to provide a design for and 

an operational understanding of the EATS, the components of the EATS will need to be 

examined and possibly altered upon each required SIP revision.

C3 Allowance Transfers

Allowance transfers are defined as the conveyance from one account to another account 

(compliance account or general account) of one or more allowances by whatever means, 

including but not limited to purchase, trade, or gift in accordance with the procedures established 

in Section 2(i) of Chapter 14. This includes transfer of allowances for the purpose of retirement. 

Once an allowance is retired, it is no longer available for transfer to or from any account. 

Allowances may be purchased by any party for the purpose of retirement.

The Tracking System Administrator shall have specific recording requirements involving 

transfers. These required procedures will be detailed in the service contract but are outlined here 

as well. 

C3.1 Recording of Allowance Transfers

Within five business days of receiving an allowance transfer, except when the transfer does not 

meet the requirements of this section, the Tracking System Administrator shall record an 

allowance transfer by moving each allowance from the transferor account to the transferee 

account as specified by the request, provided that:

(a) The transfer is correctly submitted; and 

(b) The transferor account includes each allowance identified in the transfer.

Any allowance transfer that is submitted for recording following the allowance transfer deadline 

and that includes any allowances allocated for a control period prior to or the same as the control 

period to which the allowance transfer deadline applies, shall not be recorded until after 

completion of the compliance account reconciliation.

Where an allowance transfer submitted for allowance transfer recording fails to meet the 

requirements of this section, the Tracking System Administrator shall not record such transfer.

C3.2 Notification of the Recording of Allowance Transfers 

The Tracking System Administrator has specific responsibilities involving the notification of the 

recording of any transferred allowances, including the failure to record any transfer of 
30

allowances. Again, these required procedures will be outlined in the service contract, but will 

include what is outlined here.

(a) Within five business days of the recording of an allowance transfer, the Tracking System 

Administrator shall notify the Account Representatives of both the transferor and transferee 

accounts, and make the transfer information publicly available on the Internet.

(b) Within five business days of receipt of an allowance transfer that fails to meet the 

requirements of Section 2(i) of Chapter 14, the Tracking System Administrator shall notify 

the Account Representatives of both accounts of the decision not to record the transfer, and 

the reasons for not recording the transfer.

C4 Use of Allowances From a Previous Year

C4.1 Background

Unused allowances may be kept for use in future years in accordance with Section 2(j), Chapter 

14.

Allowances kept for use in future years may be used in calendar year 2018 only to the extent that 

the Implementation Plan guarantees that such allowances will not interfere with the achievement 

of the 2018 milestone. Section 2(j)(iv), Chapter 14 addresses this requirement by prohibiting the 

use, after the year 2017, of allowances allocated for the years 2003 - 2017. This provision 

ensures that actual emissions will be less than the 2018 milestone because only allowances 

allocated for the year 2018 could be used to show compliance in that year. The provision also 

maintains flexibility by resetting the baseline to the year 2018 and then allowing sources to once 

again use extra allowances to show compliance in any future year. This flexibility is important 

for sources that have variable operations because the source may build up a reserve of unused 

allowances for use in a high production year.

Increased flexibility and early reduction stimulus are a benefit to allowing the WEB source to tap 

the previous year’s unused allowances.

Because the regional haze SIP is based on reasonable progress requirements related to the 

remedying or prevention of any future visibility impairment, it is important to assure the use of 

these allowances will not interfere with attainment or maintenance of any reasonable progress 

goals. The safeguard employed here to mitigate this type of risk is termed, “flow control”. 

C4.2 Flow Control Provisions

At the end of each control period, WEB sources may transfer allowances in and out of their 

compliance account for a period of 60 days to ensure that the account will contain enough 

allowances to cover sulfur dioxide emissions during the previous year. At the end of the sixtyday transfer period, allowances shall be deducted from the compliance account of each WEB 

source in an amount equal to the sulfur dioxide emissions of that source during the control 

period.
31

After the deductions have been completed, the Tracking System Administrator shall perform the 

following calculations and prepare a report according to Part C7.1(b) of this section.

(a) Determine the total number of allowances remaining in the allowance tracking system 

that were allocated for the just completed control period and all previous control periods. 

(b) If the number calculated in (a) exceeds 10 percent of the milestone for the next control 

period, then the flow control procedures in Section 2(j)(iii) of Chapter 14 shall be triggered 

for that next control period. These flow control provisions will discourage the excessive use 

of allowances that were allocated for an earlier control period without establishing an 

absolute limit on their use. WEB sources will maintain the option to use allowances 

allocated for an earlier control period, but will be required to use two allowances for each ton 

of SO2 emissions. Flow control operates as follows:

1. The flow control ratio shall be calculated by multiplying one tenth multiplied by the 

milestone for the next control period divided by the total number of unused allowances 

remaining in the system.

2. To calculate the number of prior-year allowances that can be used without restriction 

by a source for the next control period, the TSA shall multiply them by the flow control 

ratio. The resulting number of allowances may be used on a one-to-one ratio to show 

compliance with the source’s allowance limitation as outlined in Section 2(k) of Chapter 

14.

3. The remaining prior-year allowances may be used on a two-to-one ratio to show 

compliance. Thus, WEB sources will maintain the option to use allowances allocated for 

an earlier control period, but will be required to use two of those allowances for each ton 

of SO2 emissions.

Example: On March 1, 2010 (the compliance transfer deadline for the 2009 

control period) the Tracking System Administrator deducts allowances from the 

compliance account for each WEB source to cover 2009 SO2 emissions from that 

source. After completing these deductions, the TSA reports the following 

information:

Total number of allowances still in the system 

for the years 2003 – 2009 = 30,000

2010 milestone = 200,722

Percent of milestone = 14.94%

Because the number of allowances not used in previous control periods is greater 

than 10% of the milestone, flow control procedures are triggered. In the annual 

report required in Part C7.1(b) of this section the TSA will then calculate the flow 

control ratio for 2010:
32

0.1 x 2010 Milestone ÷ prior year allowances = flow control ratio

0.1 x 200,722 ÷ 30,000 = 0.70

On March 1, 2011 (the compliance transfer deadline for the 2010 control period) 

the TSA will apply the 2010 flow control ratio before deducting allowances from 

each WEB source’s compliance account:

WEB Source A 2010 Allowances = 1,000

Remaining Prior Year Allowances = 600

2010 Emissions = 1,580

In this example, the TSA would multiply the prior year allowances by 0.70 to determine the 

number of prior year allowances that could be used without restriction, at a one-to-one ratio. 

This would equal 420. The remaining prior year allowances would then be used at a 2:1 ratio. 

360 allowances would be needed to cover the remaining 180 tons of SO2 emissions. The TSA 

would therefore deduct a total of 1,780 allowances (1,000 + 420 + 360) to cover 1,580 tons of 

SO2 emissions.

C5 Monitoring and Recordkeeping

C5.1 For WEB sources subject to 40 CFR part 75, the EPA Administrator shall quality assure 

and finalize the data for submission to the Tracking System Administrator. For WEB sources 

subject to WEB Trading Monitoring Protocols in Appendix A of Chapter 14 of the Wyoming Air 

Quality Standards and Regulations, the Department shall quality assure and finalize the data in 

accordance with these provisions for submission to the Tracking System Administrator.

C5.2 The Department shall verify and submit data to the emissions tracking database as soon as 

reasonably feasible after annual emissions are reported by the WEB sources. Note: these 

timelines will be modified, as necessary, according to the monitoring protocols.

C5.3 Special Reserve Compliance Accounts. The WEB Trading Program requires most WEB 

sources to install continuous emission monitoring systems (CEMS) that meet the monitoring, 

recordkeeping and reporting requirements of 40 CFR part 75. However, there are some emission 

units that are not physically able to install CEMS and there are also emission units that do not 

emit enough sulfur dioxide to justify the expense of installing these systems (see Chapter 14, 

Section 2(h)(i)(B)). The WEB Trading Program allows these emission units to continue to use 

their pre-trigger monitoring methodology, but does not allow the WEB source to transfer any 

allowances that were allocated to that unit for use by another WEB source. The restriction on 

transferring these allowances is needed to ensure that an emission reduction of sulfur dioxide and

the corresponding increase in sulfur dioxide are equal. The allowances associated with emission 

units that continue to use their pre-trigger monitoring methodology are placed in a special 

reserve compliance account, while allowances for other emission units are placed in a regular 

compliance account. Allowances may not be traded out of a special reserve compliance account, 

even for use by emission units with CEMS at the same WEB source. However, the WEB source 

may use allowances in the compliance account to demonstrate compliance with the WEB 

source’s allowance limitation.
33

Chapter 14, Section 2(h)(i)(B)(I) allows WEB sources with any of the following emission units 

to apply to establish a special reserve compliance account:

(a) any smelting operation where all of the emissions from the operation are not ducted 

to a stack; or

(b) any flare, except to the extent such flares are used as a fuel gas combustion device at 

a petroleum refinery; or

(c) any other type of unit without add-on sulfur dioxide control equipment, if the unit 

belongs to one of the following source categories: cement kilns, pulp and paper recovery 

furnaces, lime kilns, or glass manufacturing.

The emission units described in (a) and (b) cannot physically be monitored using a CEM. The 

emission units described in (c) do not typically have add-on controls for sulfur dioxide. These 

units, addressed in Chapter 14, Section 2(h)(i)(B), are expected to operate within their floor-level 

allocation and therefore will not be affected by the market, unless they make a process change 

and wish to sell allowances on the market. Other sources that are meeting the more rigorous 

monitoring requirements of Chapter 14, Section 2(h)(i)(A) and emit sulfur dioxide above their 

expected allocation will either need to purchase allowances or install sulfur dioxide controls. 

Therefore, it is important that all emission units that participate in emissions trading have an 

accurate monitoring methodology that is comparable to other sources in the program to ensure 

that a ton of reductions is the same regardless of where the reductions originate.

The Department will review the application to monitor under Chapter 14, Section 2(h)(i)(B)(I). 

If the emission units meet the criteria in Chapter 14, Section 2(h)(i)(B)(I), the Department will 

determine the portion of the WEB source’s allocation that is associated with the emission units 

that will be monitored under Chapter 14, Section 2(h)(i)(B)(I) and will require the TSA to record 

that portion of the WEB source’s allocation in the special reserve compliance account. The 

Department will use the methodology for determining allocations described in Section C1.1 of 

this Plan to determine the portion of the allocation that is associated with emission units

monitored under Chapter 14, Section 2(h)(i)(B)(I). The Department will notify the WEB source 

that the application has either been accepted or rejected, including a notification of the 

allowances that are to be recorded in the WEB source’s regular compliance account and the 

special reserve compliance account.

If an emission unit that is monitored under Chapter 14, Section 2(h)(i)(B)(I) is permanently 

retired, the TSA will transfer the portion of allowances that were associated with that emission 

unit from the WEB source’s special reserve compliance account to the source’s compliance 

account. These allowances will then be available for use or sale by the WEB source. The 

allowances will be transferred after the compliance deduction has taken place for the last control 

period that the unit was in operation.
34

C6 Compliance and Penalties

C6.1 Compliance, Excess Emissions, and Penalties

When a WEB source exceeds its allowance limitation in Section 2(k) of Chapter 14, the 

Department shall require the Tracking System Administrator to deduct allowances from the 

following year’s allocation in an amount equal to three times the WEB source’s emissions of 

SO2 in excess of its allowance limitation. This deduction shall be made from the WEB source’s 

compliance account after deductions for compliance under Section 2(k) of Chapter 14. If 

sufficient allowances do not exist in the compliance account for the next control period to cover 

this amount, the Department shall require the Tracking System Administrator to deduct the 

required number of allowances, regardless of the control period for which they were allocated, 

whenever the allowances are recorded in the account. 

Under the rule, sources may also be liable for penalties for each day of violations of the 

program’s other requirements.

C7 Periodic Evaluation of the Trading Program

C7.1 Annual Report

(a) Beginning one year after compliance with the trading program is required, the 

Department shall obtain from the Tracking System Administrator an annual report that 

contains the following information:

1. The level of compliance program-wide;

2. A summary of the use and transfer of allowances, both geographically and temporally;

3. A source-by-source accounting of allocations compared to emissions; 

4. A report on the use of unused allowances from a previous year in order to determine 

whether these emissions have or have not contributed to emissions in excess of the cap.

5. The total number of WEB sources participating in the trading program and any 

changes to eligible sources, such as retired sources, or sources that emit more than 100 

tons of SO2 after the program trigger date.

(b) Within 10 months after the allowance transfer deadline for each control period when 

compliance with the trading program is required, the Tracking System Administrator shall 

prepare a draft report that lists:

1. the total number of allowances deducted for the control period, 

2. the total number of allowances remaining in the Allowance Tracking System 

allocated for that control period and any earlier control period, 
35

3. proposed determination that flow control procedures have either been triggered or 

have not been triggered for the next control period, and

4. if flow control procedures have been triggered, a draft flow control ratio calculated 

according to Part C4.2 of this section.

(c) The Department shall evaluate the draft report, and shall propose a determination that 

flow control procedures have either been triggered or have not been triggered for the next 

control period.

(d) The Department will publish a notice of availability of the draft report in newspapers of 

general circulation throughout Wyoming, and will hold a 30-day public comment period.

(e) After the comment period the Department will make a final determination that the flow 

control procedures have either been triggered or have not been triggered for the next control 

period. If the flow control procedures have been triggered, the Department will notify all 

WEB sources in Wyoming that flow control procedures will be in effect during the next 

control period.

C7.2 Five-year Evaluation

(a) The Department will work cooperatively with other participating states and tribes to 

conduct an audit of the WEB Trading Program no later than three years following the first 

full year of the trading program, and at least every five years thereafter. This evaluation does 

not replace the Implementation Plan assessments in 2013 and 2018. The evaluation will be 

conducted by an independent third party and include an analysis of:

1. Whether the total actual emissions could exceed the values in Table 1 of this 

Implementation Plan of the WEB Trading Program even though sources comply with 

their allowances;

2. Whether the program achieved the overall emission milestone it was intended to 

reach;

3. The effectiveness of the compliance, enforcement and penalty provisions;

4. A discussion of whether states and tribes have enough resources to implement the 

WEB Trading Program;

5. Whether the trading program resulted in any unexpected beneficial effects, or any 

unintended detrimental effects;

6. Whether the actions taken to reduce sulfur dioxide have led to any unintended 

increases in other pollutants;
36

7. Whether there are any changes needed in emissions monitoring and reporting 

protocols, or in the administrative procedures for program administration and 

tracking; and,

8. The effectiveness of the provisions for interstate trading, and whether there are any 

procedural changes needed to make the interstate nature of the program more 

effective.

9. The integrity of the emissions and allowance tracking system, including whether 

the procedures for recording transactions are adequate, whether the procedures are 

being followed and in a timely manner, whether the information on sources’ 

emissions are accurately recorded, whether the emissions and allowance tracking 

system has procedures in place to ensure that the transactions are valid, whether backup systems are in place to account for problems with loss of data. 

(b) The public shall have an opportunity to participate in this trading program evaluation.

(c) In the event that any audit results in recommendations for program revisions, Wyoming, 

in consultation with the WRAP, will make appropriate modifications to this Plan. Wyoming 

will revise this Plan if the program is not meeting its emission reduction goals.

(d) The Department shall submit a copy of the report to the EPA regional office.

C8 Retired Source Exemption

Section 2(c)(iv), Chapter 14 outlines the procedure that a WEB source must follow to receive a 

retired source exemption. The exemption would allow the source to continue to receive an 

allocation, but would exempt the source from monitoring and recordkeeping requirements. The 

Department shall notify the source of its obligation to apply for a retired source exemption upon 

the cancellation or relinquishment of a permit.

In order to receive a retired source exemption, the source must submit a request for the 

exemption to the Department. The Department shall review this request, and within sixty days 

of receipt of the request shall notify the source that the retired source exemption has been granted 

or has been rejected. If the exemption has been rejected, the notification shall contain an 

explanation of the reasons for rejecting the request.

The Tracking System Administrator shall record an allocation to a WEB source that has received 

a retired source exemption. However, the allowances shall be recorded in a general account 

rather than a compliance account for the source. The TSA will transfer any existing allowances 

in the retired source’s compliance account or special reserve compliance account into the general 

account for the retired source, and will close the compliance accounts.

A WEB source that is permanently retired and that does not request a retired source exemption 

shall forfeit all abandoned allowances in that source’s compliance account, as outlined in Section 

2(c)(iv), Chapter 14. The forfeited allowances shall not be redistributed to other sources, and 
37

shall be permanently retired from the Allowance Tracking System, as outlined in Section 

2(c)(iv)(E), Chapter 14. During the next five-year allowance distribution period the retired 

source shall not receive an allocation, and the allowances that would have been distributed to that 

source shall be added to the new source set-aside.

C9 Integration Into Permits

It is expected that all WEB sources will at least initially be subject to Wyoming’s Title V 

permitting requirements. Under Chapter 6, Section 3, Wyoming’s approved Title V permitting 

program, the pre- and post-trigger requirements of the market trading program fall under the 

definition of “applicable requirements”, and will be incorporated into each source’s Title V 

permit. Chapter 6, Section 3 requires that any source that for any reason and at any time is not 

required to have a permit under Chapter 6, Section 3 must obtain a New Source Review permit 

pursuant to Chapter 6, Section 2 et seq. that incorporates the pre- and post-trigger requirements. 

Both types of permits are enforceable federally and by citizens pursuant to Wyoming’s SIP.

Part D— Miscellaneous Provisions for Stationary Sources

D1 Requirements of 2013 SIP Revision

In addition to the requirements of 40 CFR 51.309(d)(10), the 2013 SIP shall contain:

1. Source-specific allocations for all WEB sources under the jurisdiction of the 

Department for the year 2018; and

2. Either the provisions of a program designed to achieve reasonable progress for 

stationary sources of SO2 beyond 2018 or a commitment to submit a SIP revision 

containing the provisions of such a program no later than December 31, 2016. The 

program will ensure that the requirements of 40 CFR 51.309 for the first planning period 

are achieved, including requirements that cannot be measured until after 2018, such as 

the determination of compliance with the 2018 milestone.

Adjustments in Allocation Calculations

This 2013 SIP revision will provide certainty to sources regarding their potential liability under 

the special penalty provisions for the year 2018 outlined in Part A5 of this section. The 

calculation of these allocations is delayed until 2013 to provide certainty about the number of 

sources that would qualify as WEB sources at that time; the allocations needed for new sources 

in the region; and early reductions that would need to be included in the allocation process. It is 

difficult to estimate the impact of these factors in 2003 because many things may change during 

the next 10 years. 

If the 2018 milestone is not met, the starting point for the next planning period shall be the 2018 

milestones, not actual emissions in 2018.
38

D2 Achievement of 13 Percent SO2 Emission Reduction

Pursuant to 40 CFR 51.309(d)(4)(ii), the State of Wyoming has determined that a 13 percent 

reduction in actual stationary source SO2 emissions has occurred between the years 1990 and 

2000. Table 3 below provides a state-by-state comparison of these emissions, and shows that 

there has been a 25 percent reduction from 1990 to 2000 for all states (from 828,775 tons to 

621,838 tons). The current emissions and modeling data and results for stationary sources in the 

WRAP region are now available through the WRAP TSS (http://vista.cira.colostate.edu/tss). 

The methodology and data for the revised SO2 Milestone Program are available at: 

http://www.wrapair.org/forums/309/docs.html. Tracking pre-trigger stationary source SO2

emissions is found in Section 4.3 of Chapter 4 of the WRAP TSD.

Table 3. State-by-State Comparison of SO2 Emission Reductions, 1990-2000

(in tons per year)

States 1990 2000

Arizona 185,398 99,133

California 52,832 38,501

Colorado 95,534 99,161

Idaho 24,652 27,763

Nevada 52,775 53,943

New Mexico 177,994 117,344

Oregon 17,705 23,362

Utah 85,567 38,521

Wyoming 136,318 124,110

Totals 828,775 621,838

D3 Provisions for Stationary Source NOx and PM

Assessment of need for NOx and PM milestones. Pursuant to 40 CFR 51.309(d)(4)(v), the State 

of Wyoming has evaluated the need for NOx and PM emission control strategies, the degree of 

visibility improvement expected, and whether such milestones are needed to avoid any net 

increase in these pollutants. This evaluation was made by the WRAP Market Trading Forum for 

all WRAP states, including the transport region states.

Several conclusions were reached based on current analyses. These include:

(a) That for the vast majority of Mandatory Federal Class I areas throughout the WRAP region 

stationary source NOx and PM emissions are not a major contributor to visibility impairment;

(b) That RAVI remedies are available in cases where particular stationary sources may impact 

particular Class I areas;
39

(c) Analysis for NOx and PM impacts in the 2007 309(g) SIP submittal has reaffirmed the 

position that the absolute need for milestones to support potential market-based programs is not 

yet established.

The initial assessment of the need for NOx and PM long-term strategies is provided in the 

Wyoming TSD. The State of Wyoming will continue to work with the WRAP to improve the 

emission inventories and regional modeling to support future policy decisions regarding 

stationary source NOx and PM emissions. The State of Wyoming has made an additional 

preliminary assessment on the need for long-term strategies for stationary sources of PM and 

NOx in the 309(g) SIP submittal due in 2007. NOx and PM long-term strategies are discussed in 

the 309(g) SIP submittal, with commitments to reassess in SIP updates for 2013 and 2018.

2. Applicable WRAP Reports and Documents 

Chapter 4, Section 4.3 of the TSD Development Plan provides a summary of the method for 

tracking and reporting stationary source emissions covered in the backstop trading program, 

through the WRAP emissions data system. The current emissions and modeling data and results 

for stationary sources in the WRAP region are now available through the WRAP TSS 

(http://vista.cira.colostate.edu/tss). The methodology and data for the revised SO2 Milestone 

Program are available at: http://www.wrapair.org/forums/309/docs.html.

The Western Emissions Backstop Emissions Trading and Allowance Tracking System (EATS) 

Analysis report describes how emissions, allocations, and transactions will occur if the backstop 

trading program is triggered. This report is described further in the Wyoming TSD.

Stationary Source NOx and PM Emissions in the WRAP Region: An Initial Assessment of 

Emissions, Controls and Air Quality Impacts reviews possible emission control strategies for 

stationary sources of NOx and PM, and the degree of visibility improvement that would result 

from such strategies. The report is described further in the Wyoming TSD.
40

Section D. Mobile Sources

1. Inventory and Determination of Significance of Mobile Source Emissions

(a) Inventory of Current and Projected Emissions from Mobile Sources. Pursuant to 40 CFR 

51.309(d)(5)(i), the State of Wyoming, in collaboration with the WRAP, assembled a 

comprehensive statewide inventory of mobile source emissions. The emission inventory showed 

the year with the lowest level of emissions would be the end of the SIP planning period in 2018 

or perhaps later instead of 2005 as anticipated by the GCVTC. The substantial reduction of 

projected mobile source emissions from 2003 to 2018 is due to the adoption of new on-road and 

non-road vehicle emission and fuel standards by EPA.

(b) Program to Assure Continuous Decline in Mobile Source Emissions. Pursuant to 40 CFR 

51.309(d)(5)(i)(A), the State of Wyoming commits to monitoring the emissions from mobile 

sources to assure a continuous decline in VOC, NOx, PM2.5, EC and OC emissions as defined in 

40 CFR 51.309(b)(6). The table below demonstrates Wyoming’s continuous decline in mobile 

source emissions over the period of 2002-2018. Since a decline is demonstrated, no further 

action is required to address mobile source emission of these pollutants.
41

Table D-1. Mobile Source Inventory for 2002, 2008, 2013 and 2018

Wyoming 

Emissions by 

Source Category

Sulfur

Dioxide

(SOx)

Nitrogen

Oxide

(NOx)

Organic

Carbon

<2.5

Microns

(OC)

Elemental

Carbon 

<2.5

Microns

(EC)

PM2.5

Volatile

Organic

Carbon

Gases

(VOC)

Mobile

SourcesOn-Road

2002 2.6 105.6 0.8 1.2 2.2 39.1

2008 w/309 0.2 68.1 1.6 23.6

% Change

(2002-2008) -92% -36% -27% -40%

2013 w/309 0.2 42.9 1.2 17.9

% Change 

(2008-2013) 0% -37% -25% -24%

2018 w/309 0.2 26.7 0.7 0.2 1.0 14.5

% Change 

(2013-2018) 0% -38% -17% -19%

% Change 

(2002-2018) -92% -75% -13% -83% -55% -63%

Mobile

SourcesNon-Road

2002 16.1 210.1 1.7 5.5 8.5 37.7

2008 w/309 3.6 170.9 7.9 37.5

% Change

(2002-2008) -78% -19% -7% -0.5%

2013 w/309 0.2 166.0 7.2 33.5

% Change 

(2008-2013) -94% -3% -9% -11%

2018 w/309 0.2 162.7 1.3 4.0 6.5 28.9

% Change 

(2013-2018) 0% -2% -10% -14%

% Change 

(2002-2018) -99% -23% -24% -27% -24% -23%

TOTAL

MOBILE

EMISSIONS 

IN WYOMING

2002 18.7 315.7 2.5 6.7 10.7 76.8

2008 w/309 3.8 239.0 9.5 61.1

% Change

(2002-2008) -80% -24% -11% -20%

2013 w/309 0.4 208.9 8.4 51.4

% Change 

(2008-2013) -89% -13% -12% -16%

2018 w/309 0.4 189.4 2.0 4.2 7.5 43.4

% Change 

(2013-2018) 0% -9% -11% -16%

% Change 

(2002-2018) -98% -40% -20% -37% -30% -43%

Notes: 1) Values are in average annual TPD; 2) Organic carbon (on-road), elemental carbon (on-road) and PM values include 

exhaust, brake wear and tire wear emissions. Data was available for 2002 and 2018 only for organic and elemental 

carbon; 3) Non-road values do not include commercial marine; 4) This information was taken from spreadsheets from 

ENVIRON, who developed updated on-road and off-road mobile source emissions inventories for 14 Western states for 

the 2002 base year and for three future years - 2008, 2013, and 2018. Emissions were estimated for an average 

weekday for each of the four seasons. ENVIRON surveyed state and local air quality planning agencies and also 

metropolitan planning organizations (MPOs) to obtain the most up-to-date mobile source activity data and control 

program information. On-road mobile source emissions were estimated with EPA’s Draft NONROAD2004 model. 

Locomotive emissions were estimated based on locomotive fuel consumption. Aircraft emissions were based on 

aircraft landing and takeoffs and FAA EDMS emission factors. Commercial marine emissions were estimated using a 

variety of activity data sources and EPA emission factors.
42

(c) Long-Term Strategies Necessary to Reduce Emissions of SO2 From Non-Road Mobile 

Sources. Pursuant to 40 CFR 51.309(d)(5)(i)(B), the State of Wyoming reviewed estimated SO2

emissions from non-road mobile sources. For the period of 2002-2018 a 99% reduction in 

emissions has been calculated. This is shown in Table D-1. This reduction has been achieved 

through the promulgation of EPA’s new rule on “Control of Emissions of Air Pollution From 

Non-road Diesel Engines and Fuel” (Final Rule June 29, 2004). A 99% reduction in SO2 from 

non-road mobile sources is consistent with the goal of reasonable progress.

2. State of Wyoming Long-Term Strategy for Mobile Sources

Pursuant to 40 CFR 51.309(d)(9) and 40 CFR 51.309(d)(5)(iv), the State of Wyoming recognizes 

efforts of EPA to reduce emissions from mobile sources through the national programs for 

vehicle emissions and fuel standards. Actions taken by EPA have resulted, or will result, in 

significant mobile source emission reductions that will positively impact visibility in the 16 

Colorado Plateau Class I areas and additional Mandatory Federal Class I areas. The methods for 

incorporating federal and state emissions control programs are detailed in a series of reports 

specific to point, area, mobile, fire, and dust sources. The references for these reports are now 

available through the WRAP TSS (http://vista.cira.colostate.edu/tss).

3. Applicable WRAP Reports and Documents

The current emissions and modeling data and results for mobile sources in the WRAP region are 

now available through the WRAP TSS (http://vista.cira.colostate.edu/tss).

See EPA Revisions to the Regional Haze Rule To Correct Mobile Source Provisions in Optional 

Program for Nine Western States and Eligible Indian Tribes, 68 FR 39842, July 3, 2003, and 

5/6/03 WRAP letter to EPA entitled Significance of Mobile Source Emissions for the Purpose of 

Section 309 of the Regional Haze Rule. The rule eliminated the requirements in 309(d)(5)(ii) and 

(iii) related to determining if mobile sources are a significant contributor, and instead modified

309(d)(5)(i) to require showing a continuous decline in emissions from 2003-2018.
43

E. Long-Term Strategy for Fire Programs 

The WRAP’s effort to document and understand the incidence of fire and its effect on visibility 

in Mandatory Federal Class I areas has been extensive and productive. WRAP modeling shows 

that prescribed fire emissions will continue to affect visibility. The current emissions and 

modeling data and results for fire sources in the WRAP region are now available through the 

WRAP TSS (http://vista.cira.colostate.edu/tss). The WRAP Fire Emissions Tracking System 

(FETS) was implemented in 2007 to address the ongoing fire tracking requirement for §309 

regional haze plans.

1. Prescribed Fire Program Evaluation

Pursuant to 40 CFR 51.309(d)(6)(i), the State of Wyoming has evaluated its existing WAQSR 

Chapter 10, Section 2 Open burning restrictions and all Federal, State, and private prescribed fire 

smoke management programs in the State, based on the potential to contribute to visibility 

impairment in the 16 Class I areas of the Colorado Plateau, and how visibility protection from 

smoke is addressed in planning and operation. The State of Wyoming relied upon the WRAP 

report Assessing Status of Incorporating Smoke Effects into Fire Planning and Operation1

as 

well as EPA’s Interim Air Quality Policy on Wildland and Prescribed Fires as guides for making 

this evaluation. The State of Wyoming has also evaluated whether the State’s existing WAQSR 

Chapter 10, Section 2 and these prescribed fire smoke management programs contain the 

following elements: actions to minimize emissions; evaluation of smoke dispersion; alternatives 

to fire; public notification; air quality monitoring; surveillance and enforcement; and program 

evaluation.

The result of this evaluation was the determination that revisions to the existing WAQSR 

Chapter 10, Section 2 Open burning restrictions as well as a new Smoke Management 

Regulation, to be incorporated as WAQSR Chapter 10, Section 4, would be required to meet the 

requirements of 40 CFR 51.309(d)(6)(i). WAQSR Chapter 10, Section 4 will establish 

requirements for vegetative burning sources for the management of emissions and air quality 

impacts from smoke on public health and visibility. A companion Smoke Management Program 

Guidance Document will also be developed by the State of Wyoming and will address the 

following elements: actions to minimize emissions; evaluation of smoke dispersion; alternatives 

to fire; public notification; air quality monitoring; surveillance and enforcement; and program 

evaluation.

A comprehensive stakeholder process to develop the new Smoke Management Regulation was 

initiated by the State of Wyoming in 2003, and will culminate in the initiation of the rulemaking 

process in December of 2003. The State of Wyoming will phase-in WAQSR Chapter 10, 

Section 4 during a six to eight month period after it becomes State-approved in 2004. This 

phase-in period will consist of an extensive public education and outreach effort by the State of 

Wyoming to garner full participation and compliance with WAQSR Chapter 10, Section 4.

 

1 All WRAP and EPA documents cited in Part E are available in the Wyoming TSD Supplement.
44

2. Emission Inventory and Tracking System

Pursuant to 40 CFR 51.309(d)(6)(ii), a system was established in 2007 to develop a tracking 

system and an emissions inventory for the following pollutants: VOC, NOx, elemental and 

organic carbon, and fine particulate for fire sources within the State of Wyoming. WAQSR 

Chapter 10, Section 4 will require burn project reporting and the State of Wyoming will record 

the required burn project reporting information in a tracking system. For consistency, the State 

of Wyoming will use the emissions tracking system developed by the WRAP as defined by the 

WRAP Policy on Fire Tracking Systems. This policy identifies a process for gathering the 

essential post-burn activity information necessary to consistently calculate emissions and 

uniformly assess fire impact on regional haze. This policy is the basis for creating a fire 

emissions inventory within the State of Wyoming, using an emissions calculation mechanism 

developed by the WRAP. In addition, fire emission inventory updates will be provided in future 

progress reports, as part of the periodic implementation plan revisions, pursuant to 40 CFR 

51.309(d)(10). See the WRAP Policy on Fire Tracking Systems for further information on the 

emissions inventory and tracking system to be utilized in Wyoming.

3. Strategy for Use of Alternatives to Burning

The State of Wyoming is continuing to develop a process with key public and private entities to 

identify and remove administrative barriers to the use of alternatives to burning to prescribed fire 

on Federal, State, and private lands, pursuant to 40 CFR 51.309(d)(6)(iii). The process is 

collaborative and provides for continuing identification and removal of administrative barriers, 

and considers economic, safety, technical and environmental feasibility criteria, and land 

management objectives.

WAQSR Chapter 10, Section 4 will require the consideration and identification of alternatives to 

burning being planned and utilized. If alternatives to burning are not used, rationale will be 

required to be submitted to the State. The State of Wyoming will continually collect and assess 

this data to determine whether administrative barriers to the use of alternatives to burning exist. 

Should the State determine that an administrative barrier exists, the State will work 

collaboratively with the appropriate public and private entities to evaluate the administrative 

barrier, identify the steps necessary to remove the administrative barrier, and initiate the removal 

of the administrative barrier, where it is feasible to do so, as required by 40 CFR 

51.309(d)(6)(iii). In addition, the process to identify and remove administrative barriers to the 

use of alternatives to burning will be addressed during the annual Smoke Management Program 

evaluation meeting.

The State of Wyoming will rely on the following documents as reference guides in the process 

for evaluating alternatives to burning: (1) Nonburning Alternatives for Vegetation and Fuel 

Management, and (2) Burning Management Alternatives on Agricultural Lands in the Western 

United States. These two documents were prepared by the WRAP and describe a variety of 

alternatives to burning and methods of assessing their potential applicability.
45

4. Enhanced Smoke Management Program

Pursuant to 40 CFR 51.309(d)(6)(iv), the smoke management programs that operate within the 

State of Wyoming shall be consistent with the WRAP Policy on Enhanced Smoke Management 

Programs for Visibility. This policy calls for programs to be based on the criteria of efficiency, 

economics, law, emission reduction opportunities, land management objectives, and reduction of 

visibility impacts. The WRAP Policy on Enhanced Smoke Management Programs for Visibility

lists the previously identified elements under 40 CFR 51.309(d)(6)(i) as well as adding “burn 

authorization” and “regional coordination” elements to ensure visibility protection and meet the 

designation of “enhanced”.

The State of Wyoming evaluated the State’s existing WAQSR Chapter 10, Section 2 and 

concluded that a new Smoke Management Regulation, to be incorporated as WAQSR Chapter 

10, Section 4, would be required to meet the requirements of 40 CFR 51.309(d)(6)(i) and be 

consistent with the WRAP Policy on Enhanced Smoke Management Programs for Visibility. 

The WAQSR Chapter 10, Section 4 and companion Smoke Management Program Guidance 

Document include burn authorization and regional coordination elements and are available in the 

Wyoming TSD Supplement.

5. Annual Emission Goal

Pursuant to 40 CFR 51.309(d)(6)(v), efforts will be made within the State of Wyoming to 

minimize emission increases in fire, excluding wildfire, to the maximum extent feasible, through 

the use of annual emission goals, in accordance with the WRAP Policy on Annual Emission 

Goals for Fire. This policy recognizes that emission reduction techniques can be used to 

minimize emissions from fire. The State of Wyoming will establish a collaborative mechanism 

for setting annual emission goals, and developing a process for tracking their attainment on a 

yearly basis.

The State of Wyoming intends to use this policy and quantify the emission reduction techniques 

that are being used within the State on a project-specific basis to reduce the total amount of 

emissions being generated from areas where prescribed fire is being used. The use of emission 

reduction techniques to meet this rule requirement is subject to economic, safety, technical and 

environmental feasibility, and land management objectives. The Wyoming TSD Supplement 

describes this process in more detail.
46

Section F. Paved and Unpaved Road Dust

1. Assessment of Emissions From Paved and Unpaved Road Dust

(a) Assessment of paved and unpaved road dust emissions. Pursuant to 40 CFR 51.309(d)(7), an 

assessment was made by the WRAP of the impact of dust emissions from paved and unpaved 

roads from transport region states on the 16 Class I areas of the Colorado Plateau. The current 

emissions data for road dust sources in the WRAP region are now available through the WRAP 

TSS (http://vista.cira.colostate.edu/tss). The State of Wyoming, in consultation with the WRAP, 

will perform further assessments of road dust impacts on visibility in the 16 Colorado Plateau 

Class I areas in the progress updates and status reports, and will submit implementation plan 

revisions as needed to make reasonable progress in the SIP amendments due in 2013 and 2018.

(b) Contribution to Visibility Impairment Finding. Pursuant to 40 CFR 51.309(d)(7) and the 

results of the assessment of the impact of road dust emissions described above, the State of 

Wyoming, in collaboration with other states through the WRAP, determined that road dust 

emissions are not a significant contributor at this time to regional haze visibility impairment 

within the Colorado Plateau 16 Class I areas. Based on these findings, no emission management 

strategies have been identified at this time. Wyoming will perform further assessments of road 

dust impact on visibility in the 16 Colorado Plateau Class I areas. The technical and policy 

foundation for this determination can be found in Chapter 7, Sections 7.2 and 7.3, of the WRAP 

TSD. The current emissions data for road dust sources in the WRAP region are now available 

through the WRAP TSS (http://vista.cira.colostate.edu/tss).

2. Applicable WRAP Reports and Documents

Technical reports and analysis related to the impact from paved and unpaved road dust for item 

(1) below are now available through the WRAP TSS (http://vista.cira.colostate.edu/tss). 

Information for items (2) through (4) enumerated below can be found in Sections 7.2 and 7.3 of 

Chapter 7 of the TSD. (1) a summary of 1996 and 2018 emission inventories for re-entrained 

road dust from paved and unpaved roads; (2) a description of the definition of significance for 

road dust in the 16 Class I areas; (3) road dust modeling results – regional versus localized 

impacts; and (4) discussion of finding of no significance. 
47

Section G. Pollution Prevention

1. Description of Existing Pollution Prevention Programs in Wyoming

Pursuant to 40 CFR 51.309(d)(8)(i), Table G-1 summarizes all pollution prevention and 

renewable energy programs currently in place in Wyoming. 

Table G-1. Summary of Renewable Energy Programs Currently in Place in Wyoming.

Policy Program Title Statutory/Regulatory 

Citation

Program Description

Ethanol Production

Tax Credit

Wyo. Stat.§ 39-17-

109(d)

The Wyoming Ethanol Production Tax 

Credit, previously set to expire on July 1, 

2003, was extended under HB 0005 in 

March of 2003. Under the tax credit, any 

person who has a tax liability for the sale of 

ethanol-based motor fuel or gasoline sold 

for the purpose of blending into an ethanolbased motor fuel may redeem a credit of 

$0.40 per gallon, valid with the Wyoming 

Department of Transportation (DOT). 

Under the 2003 provisions, an ethanol 

producer must purchase at least 25% 

(previously $1,000,000) of Wyoming 

origin products during the year the tax 

credits were earned. The total tax credits 

redeemed per ethanol producer must not 

exceed $2,000,000 per year ($4,000,000 for 

all tax credits). An ethanol producer 

constructing a new ethanol plant after July 

1, 2003, may receive tax credits for a 

maximum of 15 years. Producers 

qualifying for the tax credit on or before 

July 1, 2003 may only receive the tax credit 

until June 30, 2009, unless there is an 

expansion in production of at least 25%, 

which may increase the amount of time a 

tax credit may be received.

Renewable Energy 

Sales Tax Exemption

Wyo. Stat. § 39-15-

105(a)(viii)(N)

In 2003, under HB 188, the Wyoming 

legislature added sales of equipment used 

to generate electricity from renewable 

sources to the list of types of sales or leases 

which are exempt from the state excise tax. 

Renewable resources include wind 

generation, solar, biomass, landfill gas, 

hydro, hydrogen, and geothermal energy. 
48

Policy Program Title Statutory/Regulatory 

Citation

Program Description

Equipment eligible for the exemption 

includes wind turbines, generating 

equipment, control and monitoring 

systems, power lines, substation 

equipment, lighting, fencing, pipes and 

other equipment for locating power lines 

and poles. Equipment not eligible for the 

exemption includes tools and other 

equipment used in the construction of a 

new facility, contracted services required 

for construction and routine maintenance 

activities, and equipment utilized or 

acquired after the project is operational. 

This exemption will be repealed on June 

30, 2008. 

Net Metering Wyo. Stat. § 37-16-101 

through § 37-16-104

House Bill 195 was passed by the House 

and Senate of the Wyoming legislature, and 

signed by the Governor on February 22, 

2001. As a result, net metering took effect 

July 1, 2001. The rule applies to investorowned utilities and rural electric 

cooperatives, and with passage of Senate 

File 106 in 2003, to municipal utilities. 

Eligible technologies under 2001 

legislation include solar, wind, and hydro 

systems up to 25kW, with the addition of 

biomass in 2003. Excess generation is 

credited to the following month. When an 

annual period ends, the utility purchases 

unused credits at avoided cost. Systems 

must meet IEEE and UL standards and 

cannot be subject to additional 

interconnection requirements, although 

system owners must install a manual, 

lockable external disconnect. 

Interconnection 

Standards

WY code 37-16-101 et. 

seq.

Wyoming’s net metering law included 

basic interconnection requirements for 

systems generating up to 25kW of solar, 

wind, or hydropower, but the Wyoming 

Public Service Commission has not 

established separate interconnection rules, 

per se. There is no limit on overall 

enrollment specified within the law. 

Systems must comply with the National 
49

Policy Program Title Statutory/Regulatory 

Citation

Program Description

Electric Code (NEC), Institute of Electrical 

and Electronic Engineers (IEEE), and 

Underwriters Laboratories (UL) safety and 

equipment standards. Customers must 

install an external disconnect switch at their

own expense. Wyoming’s Public Service 

Commission may make additional control 

and testing requirements. Additional 

liability insurance is not required. 

PacifiCorp (Pacific Power and Light) has 

developed a two-page interconnection 

agreement for net metering customers. 

Wyoming’s Public Service Commission 

staff is discussing the development of 

standard interconnection rules for larger 

distributed generation systems.

Photovoltaic Grant 

Program

Wyoming Business 

Council through DOE 

formula grant funding

Wyoming’s photovoltaic grant program 

offers grants of $3000 or 50%, whichever 

is less, to residents who install photovoltaic 

or phototaic hybrid systems on their homes. 

Approximately 70 grants have been 

provided over the course of the program, 

which began in July 1996. Funding for the 

program comes from DOE formula grant 

money (renewed July 1 annually) and is 

administered by the Energy, Minerals, and 

Transportation Division of the Wyoming 

Business Council. Both grid-connected 

and off grid systems are eligible. Program 

requirements include an application, a copy 

of the equipment invoice, pictures of the 

installation, and quarterly reports on the 

system during the first year of installation. 

Pacific Power – Blue 

Sky

PacifiCorp PacifiCorp’s green pricing tariff program, 

named Blue Sky, began accepting 

participants in April 2000. The program 

allows customers to voluntarily pay a 

premium for renewable energy generated 

from new wind turbines. Pacific Power 

(serving Oregon, Washington, and 

Wyoming) and Utah Power (serving Utah) 

customers can subscribe to the Blue Sky 

program by paying $1.95/month for a 

100kWh block. There is no limit to the 
50

Policy Program Title Statutory/Regulatory 

Citation

Program Description

number of blocks available for purchase. 

As of March 2003, over 10,600 customers 

are participating in the Blue Sky program. 

Business customers have an extra incentive 

to participate. All businesses that commit 

to purchase a minimum of 4 blocks per 

month for one year will be featured in press 

releases, advertisements, and general 

marketing material. The program is 

certified by renew 2000. Marketing has 

included bill inserts, direct mail, 

telemarketing, mass media, and outreach 

using relationships with local 

environmental organizations.

Photovoltaic Leasing 

Program

Carbon Power and Light, 

Inc.

Carbon Power and Light Offers its 

customers a leasing program for 

photovoltaic systems, with an option to 

purchase equipment. Most solar systems 

are used to operate livestock watering 

installations. The utility provides all of the 

PV equipment, handles installation, and 

conducts routine maintenance of the 

systems. CP&L will cover all of the 

construction costs below the electric 

facilities allowance (EFA) cap of $2,500. 

The EFA is a standard line extension cost 

determined by the typical customer’s 

average bill over a set number of years. 

The leasing period can extend for either 

five years or ten years. If a customer 

wishes to discontinue the lease, he or she 

can transfer the contract to another 

individual or purchase the system by 

paying off both the remaining balance of 

the line extension charges and the 

remainder of the monthly minimum 

amounts per the applicable rate tariff.

2. Inventory of All Renewable Energy Generation Capacity and Production in Wyoming

Pursuant to 40 CFR 51.309(d)(8)(i), Table G-2 summarizes all renewable energy 

generation capacity and production in use as of 2003 (expressed in kW).
51

Table G-2. Summary of Renewable Energy Generation Capacity and Production

Technology Owner Plant Name Capacity (kW)

Hydro Bureau of Reclamation Alcova 36,000

Hydro Bureau of Reclamation Boysen 15,000

Hydro City of Buffalo Buffalo 245

Hydro Bureau of Reclamation Buffalo Bill 18,000

Hydro Bureau of Reclamation Fontenelle 10,000

Hydro Bureau of Reclamation Fremont Canyon 66,800

Hydro Shoshone Irrigation District Garland Canal 2,610

Hydro Bureau of Reclamation Glendo 38,000

Hydro Bureau of Reclamation Guernsey 6,400

Hydro Bureau of Reclamation Heart Mountain 5,000

Hydro Goodman, Charles Kinky Creek 12

Hydro Bureau of Reclamation Kortes 36,000

Hydro Bureau of Reclamation Pilot Butte 1,600

Hydro Pinedale Power & Light Co. Pinedale 100

Hydro Bureau of Reclamation Seminoe 51,000

Hydro Bureau of Reclamation Shoshone 3,000

Hydro Bureau of Reclamation Spirit Mountain 4,500

Hydro Lower Valley Power & Light Inc. Strawberry Creek 1,500

Hydro Lower valley Power & Light Inc. Swift creek 800

Hydro PacifiCorp Viva Naughton 750

Photovoltaic University of Wyoming University 10

Photovoltaic University of Wyoming University 1

Photovoltaic University of Wyoming Univ. Parking 35

Wind

Seawest Windpower Inc./Cinergy Global 

Power Inc. Foote Creek IV 16,800

Wind PacifiCorp/Eugene Water & Electric Board Foote Creek 41,400

Wind Bonneville Power Admin. Foote Creek II 1,800

Wind PSC of Colorado Foote Creek III 24,750

Wind Platte River Power Authority Medicine Bow II 1,320

Wind Shell Renewables Rock River I 50,000

Wind Platte River Power Authority Medicine Bow I 3,300

Wind

Tera Moya Aqua/Global Wind Energy 

Systems Simpson Ridge 10,000

TOTAL 446,733

Office of Energy Efficiency and Renewable Energy – US DOE

Total energy generation capacity for 1999 is summarized in Table G-3.
52

Table G-3. Summary of Wyoming’s Total Energy Generation Capacity and Production

WYOMING’S TOP 10 ELECTRIC GENERATING FACILITIES

BY SUMMER MEGAWATT CAPACITY

Rank Operator Plant Name Fuel MW Percent

1 PacifiCorp Jim Bridger

Petroleum, 

Coal 2,110 19.2%

2 Basin Electric Power Coop Laramie River Station

Petroleum, 

Coal 1,667 11.6%

3 PacifiCorp Dave Johnston

Petroleum, 

Coal 772 6.7%

4 PacifiCorp Naughton Gas, Coal 700 5.4%

5 PacifiCorp Wyodak

Petroleum, 

Coal 335 5.4%

6 Black Hills Corp Neil Simpson II

Petroleum, 

Coal 80 5.1%

7 Bureau of Reclamation Fremont Canyon Water 67 4.1%

8 Bureau of Reclamation Seminoe Water 52 3.9%

9 BP Amoco Exploration Anschutz Ranch East Gas 43 3.2%

10 Bureau of Reclamation Glendo Water 38 3.2%

Total, Top 10 Plants 5,864 76%

Balance of State 246

Wyoming Total 6,110 MW

Sources

Energy Information Administration – DOE

3. Summary of Anticipated Renewable Energy Contribution

Anticipated renewable energy contribution is not certain at this time. The contribution is 

dependent upon a review of certification of low impact hydropower. The State of Wyoming 

supports renewable energy goals.

4. Incentive Programs

Pursuant to 40 CFR 51.309(d)(8)(ii), Table G-4 below identifies incentive programs in 

the State of Wyoming that reward efforts to go beyond compliance and/or achieve early 

compliance with air pollution related requirements.
53

Table G-4. Summary of Wyoming’s Incentive Programs

Program Title Program Description

Market Trading Wyoming has opted into the Section 309 regional SO2 “cap-and-trade 

program”.

Western Backstop 

SO2 Trading 

Program Early 

Reduction Credits

As further described in Section C1.1 of the stationary source provisions of 

this Plan, industrial sources of SO2 subject to the trading program which, 

upon verification by the State, reduce emissions to levels below their floor 

amount prior to the program trigger date shall receive additional emission 

allowances. Such allowances may be used by the source for compliance 

purposes or may be sold to other parties, hence, providing an incentive for 

sources to go beyond compliance (i.e., their floor) or to achieve early 

compliance (i.e., reductions prior to the program trigger date). 

Western Backstop 

SO2 Trading 

Program

Renewable Energy 

Credits

As further described in Section C1.1 of the stationary source provisions of 

this Plan, allowances shall be provided to the owners of renewable energy 

facilities installed since October 1, 2000. Such allowances will hold a 

market value and therefore provide an incentive for power suppliers to 

invest in renewable energy facilities with zero or very low air pollutant 

emissions.

5. Programs to Preserve and Expand Energy Conservation Efforts

Pursuant to 40 CFR 51.309(d)(8)(iii), Table G-5 identifies programs in Wyoming that 

preserve and expand energy conservation efforts.

Table G-5. Programs that Preserve and Expand Energy Conservation in Wyoming

Program 

Title

Program Description

Energy 

Exchange 

Program

PacifiCorp offers the Energy Exchange Program, an internet based, voluntary 

demand reduction program. PacifiCorp posts a price for each hour that a load 

reduction is needed, and customers may respond by pledging to curtail a specific 

load. Participants are paid for each hour of curtailment based on a measured load 

reduction. Eligibility is limited to customers who have exceeded 1 MW within the 

last year. 

Energy 

Finanswer 

Large 

Commercial 

and 

Industrial 

Program

PacifiCorp’s Energy Finanswer Large Commercial and Industrial Program provides 

rebates for energy efficient equipment, including lighting, motors, and HVAC. The 

program also incorporates a variety of energy-efficiency services, such as facility 

energy analysis, detailed design assistance, competitive financing, commissioning, 

and post installation savings verification. 
54

Program 

Title

Program Description

Business 

Enhancement

Program

Black Hills Power offers a Business Enhancement Program to assist customers in the 

use of energy efficient electro-technologies such as energy storage and lighting. The 

following incentives are available: Lighting - Existing commercial customers who 

retrofit indoor lighting systems are eligible for up to a $5,000 incentive if they sign a 

three-year electric power service contract. Without a contract the maximum 

incentive is $500. Incentives are based on $0.12 per watt saved for hard wire 

installations and $0.04 per watt saved for compact florescent lamps. Power Factor 

Correction – Reduced demand charges are the primary incentive for commercial and 

industrial customers to improve their power factor. BHP provides an account 

analysis, rate savings calculations, and project financing. BHP requires the customer 

to sign a three-year electric power service contract for certain projects. Custom 

Packages – Other electro-technologies may qualify for an economic development 

incentive including closed loop heat pumps, geothermal loop fields, heating or air 

conditioning systems, water heating systems, power-quality equipment, and energy 

management systems. Financing, project design assistance, or an economic 

development rate may be other options to consider. These economic development 

incentives would be negotiated on a case-by-case basis and BHP would expect the 

customer to sign at least a three-year contract extension or, if a smaller customer, 

sign a five-year all requirements contract for electric service. Economic development 

rates would require a negotiated contract of up to seven years.

Rebuild 

America

Rebuild America is a U.S. Department of Energy (DOE) resource network that 

provides practical solutions and practices for a community’s energy related needs. It 

is a voluntary partnership program that assists individuals, organizations, or 

companies looking for opportunities to save money by cutting energy use in 

commercial, institutional, or multifamily buildings. It provides links to a network of 

technical tools and business experts. By participating in a Rebuild America 

Partnership, a community can save money, create jobs, promote community growth, 

and protect the environment through smart energy use. 

NICE 3 The National Industrial Competitiveness through Energy, Environment, and 

Economics (NICE3) is a U.S. Department of Energy (DOE) Office of Industrial 

Technologies (OIT) program that funds the initial commercial demonstration of 

technologies to improve energy efficiency or reduce pollution associated with 

product manufacturing. State energy offices work with organizations to secure 

funding from NICE3 for qualifying projects. The company receiving the grant is the 

primary beneficiary of the program because it helps them reduce pollution, reduce 

energy costs, and reduce operating expenses. The Program focuses on industries 

identified as dominant energy users and waste generators, including agriculture, 

aluminum, chemicals, forest products, glass, metal casting, mining, petroleum, and 

steel.

BestPractices BestPractices is an initiative of the Office of Industrial Technologies (OIT) industries 

of the future strategy, which offers tools to improve a plant’s energy efficiency, 

enhance its environmental performance, and increase its productivity. BestPractices 

focuses on plant systems where significant efficiency improvements and savings can 

be achieved. Industry gains easy access to near-term and long-term solutions for 
55

Program 

Title

Program Description

improving the performance of motors, steam, compressed air, combined heat and 

power, and process heat systems.

Motor 

Challenge

The Motor Challenge Program is a voluntary industry/government partnership of the 

U.S. Department of Energy’s Industrial BestPractices Strategy. Motor Challenge is 

designed to help industry capture significant electricity savings by providing the 

technical expertise and knowledge necessary to manage motor systems and 

purchasing more efficient motors. 79% of energy used in industry is used by motors.

Energy Star Customer Education on Purchasing Decisions

WDEQ is an ENERGY STAR partner. This DOE/EPA program establishes stricter 

efficiency criteria for new products. As a partner, WDEQ has been able to not only 

increase awareness of ENERGY STAR, but also to provide information for 

customers so that they can make informed purchase decisions. 

Energy 

Efficiency 

Audits 

Energy audits for residential customers are provided by local power and gas 

suppliers.

Low Income 

Weatherization

The Wyoming Department of Family Services (DFS) administers the DOE-funded 

Weatherization Assistance program for the State of Wyoming. DFS sets the 

eligibility requirements and oversees local agencies that provide weatherization 

services in the field. This program, through its 13 local service providers, provided 

weatherization assistance to 232 homes in 2001.

Special 

Project 

Grants

The Energy Office administers the State Energy Project – Special Project Grants. 

Each year states submit proposals in response to a DOE solicitation identifying how 

specific technologies could be implemented in their region of the country. DOE then 

selects the projects that best meet national energy goals. The Wyoming Energy 

Office was awarded $65,388 in 2001 to develop information on the performance of 

insulated foundations in coordination with the Building Science Consortium, a 

Building America team. The State will collect performance data, estimate investment 

and life cycle costs, and develop an action plan for deploying most advantageous 

crawl space, slab, and/or basement insulation configurations.

Federal 

Energy 

Management 

Program

Goal: reduce the cost and environmental impact of the federal government by 

advancing energy efficiency and water conservation, promoting the use of distributed 

and renewable energy, and improving utility management decisions at federal sites.

Funds are occasionally available to the Wyoming Energy Office to partner with 

Indian communities and military bases or other federally-owned facilities.

State Energy 

Program

Working with the Department of Administration and Information, the Energy Office 

is utilizing DOE funding to implement the State energy plan, improve the State 

building energy codes, and provide public education and information.

Laramie 

County 

School 

District 1-

Energy 

Efficiency

Laramie County School District 1 has implemented an energy efficiency program. 

The program has one full-time staff position and has been active for six years. 
56

Program 

Title

Program Description

Rebuild 

America

U.S. D.O.E. Program supported by the Wyoming Energy Office to help businesses 

and communities reduce energy use in buildings.

Green 

Buildings

Green buildings are using design and construction practices that significantly reduce 

or eliminate the negative impact of buildings on the environment. The concept 

includes:

Sustainable site planning

Safeguarding water and water efficiency

Energy efficiency and renewable energy

Conservation of materials and resources

Indoor environmental quality

National 

Industries of 

the Future/ 

MAMTC

Administered by Department of Energy – Office of Industrial Technologies

Nine industries targeted that together supply 90% of the materials vital to U.S. 

economy.

The 9 industries are: agriculture, aluminum, chemicals, forest products, glass, metal 

casting, mining, petroleum, and steel.

Goal: Promote energy efficiency and manage waste streams.

Industrial 

Assessment 

Centers

Administered by DOE, OIT

Enables eligible small and medium-sized manufacturers to have comprehensive 

industrial assessments performed at no cost to the manufacturers.

Teams of engineering faculty and students from the center located at 26 universities 

around the country, conduct energy audits, or industrial assessment and provide 

recommendations to manufacturers to help them identify opportunities to improve 

productivity, reduce waste, and save energy.

Building 

America

Building America is a private/public partnership that provides energy solutions for 

production housing.

6. Potential for Renewable Energy

Pursuant to 40 CFR 51.309(d)(8)(iv), the State of Wyoming has utilized data assembled 

by the National Renewable Energy Laboratory assessing areas where there is the potential for 

renewable energy to supply power in a cost-effective manner. This section summarizes the 

potential for renewable energy development in Wyoming. Figure G-1 is a summary of current 

renewable resources in the state. Geographic distribution of renewable energy potential is 

contained in Figures G-2 through G-4. Figures G-5 and G-6 illustrate the load growth patterns in 

the region and infrastructure restrictions to renewable source future development. Figure G-7 

illustrates projected cost of energy from renewable energy technology.
57

Figure G-1
58

Figure G-2
59

Figure G-3
60

Figure G-4
61

Figure G-5
62

Figure G-6
63

Figure G-7

Technologies

Projected Cost of Energy from

Renewable Energy Technologies - 2000

Conv. Biomass

Adv. Biomass

Wind (Class 4)

Wind (Class 6)

Flash Geothermal

Binary Geothermal

1

2

3

4

5

6

7

8

9

c/kWh ($1997 - levelized)

Source: WRAP AP2 Renewables, “Recommendations of the Air Pollution 

Prevention Forum to Increase Generation of Electricity from Renewable 

Energy Resources,” p. I-13. 

7. Projections of Renewable Energy Goals, Energy Efficiency, and Pollution Prevention 

Activities

Pursuant to 40 CFR 51.309(d)(8)(v), projections have been made by the WRAP of the 

short and long-term emissions reductions, visibility improvements, cost savings, and secondary 

benefits associated with “renewable energy goals, energy efficiency and pollution prevention 

activities”. A complete description of these projections is provided in the Economic Assessment 

of Implementing the 10/20 Goals and Energy Efficiency Recommendations. Projections of 

visibility improvements for the 16 Class I areas on the Colorado Plateau are provided in Section 

A. These projections include the combined effects of all measures in this SIP, including air 

pollution prevention programs. Although emission reductions and visibility improvements from 

air pollution prevention programs are expected at some level, they were not explicitly calculated 

because the resolution of the regional air quality modeling system is not currently sufficient to 

show any significant visibility changes resulting from the marginal nitrogen oxide emission 

reduction described above for air pollution prevention programs. Details of the modeling 

methodology are contained in the WRAP TSD in Chapter 8 entitled, “Assessment of Pollution 

Prevention.” 
64

8. Programs to Achieve GCVTC Renewable Energy Goal

Pursuant to 40 CFR 51.309(d)(8)(vi), the programs relied upon by the State of Wyoming 

to demonstrate progress in achieving the renewable energy goal of the GCVTC that renewable 

energy comprise 10 percent of the regional power needs by 2005 and 20 percent by 2015 are the 

environmental portfolio standard, and the utility customer funding or system benefit charge 

funding for renewables in addition to the other programs that are listed in Table G-1.

9. Future Progress Reports

Pursuant to 40 CFR 51.309(d)(8)(vi), the State of Wyoming shall submit progress reports in 

2013 and 2018, describing the state’s contribution toward meeting the GCVTC renewable energy 

goals. This description shall be consistent with Section G.7, above. To the extent that it is not 

feasible for the state to meet its contribution to these goals, the state shall identify what measures 

were implemented to achieve its contribution, and explain why meeting its contribution was not 

feasible.

10. Applicable WRAP Reports and Documents 

Chapter 8 of the TSD Development Plan contains a regional modeling analysis related to the 

GCVTC 10/20 goals.

The WRAP Policy on Renewable Energy and Energy Efficiency As Pollution Prevention 

Strategies For Regional Haze summarizes three years of stakeholder and consensus-based 

recommendations from the AP2. The policy reaffirms the findings of the GCVTC – that energy 

efficiency measures and renewable energy goals could result in emissions reductions, 

improvements in visibility, energy costs savings, and secondary environmental and economic 

benefits. The WRAP policy provides a menu of individual policies and programs, various 

combinations of which would achieve the 10/20 renewable energy and energy efficiency goals, 

especially if implemented in a coordinated fashion among states and tribes. Specifically, ten 

recommendations are provided to promote renewable energy generation, and eight more are 

provided specifically for consideration by tribes. Similarly, seven recommendations are 

provided to promote energy efficiency, and eleven more are provided specifically for 

consideration by tribes. This policy will help states identify policies and programs within their 

state that are consistent with these recommendations, and that may be implemented or expanded 

to meet the 10/20 goals for regional renewable energy and energy efficiency.

Other reports from the WRAP Air Pollution Prevention Forum:

1. Determining a State’s Contribution to the GCVTC Regional Renewable Energy Goals. A 

discussion paper describing an approach for establishing a state’s contribution by using the total 

electricity consumption within each state multiplied by the RE percentage target to yield each 

state’s contribution in terms of MWh. This method bases a state’s contribution on its share of 

overall regional electricity demand. This would be consistent with the principle that energy 

production, hence visibility degradation is driven by demand. States with higher demand and 
65

consumption, due to higher population, would have a greater share of contribution toward the RE 

goals. The discussion goes on to suggest an approach for crediting each state’s programs against 

its contribution. Here, a program that induces increased RE production is counted, if the RE 

production occurs anywhere within the region.

2. Recommendations of the Air Pollution Prevention Forum to Increase the Generation of 

Electricity from Renewable Resources presents a comprehensive state-by-state review of current 

energy production, consumption and existing RE policies, definition of Renewable Energy, a 

menu of potential additional RE projects and a recommended portfolio of projects states are 

required to include in their SIPs. The report provides detailed recommendations for state and 

federal programs to encourage increased RE production to displace potential new conventional 

energy production. Conclusions regarding most cost effective RE production projects, financial 

analysis, and types of RE inducement policies are also included.

3. Economic Assessment of Implementing the 10/20 Goals and Energy Efficiency 

Recommendations is a report prepared by ICF Consultants for the AP2 Forum which analyzes 

cost, emissions and regional economic impacts of meeting the 10-20 goals and implementing the 

energy efficiency recommendations. The report projects that with no additional efforts to 

promote renewable energy, (business as usual) the high technology costs for RE will not change 

significantly and that significant new additions to RE capacity will not occur. The report goes on 

to say that load reductions from energy efficiencies will continue. The economic impacts will 

not occur uniformly across the region. Some states will gain, some will not. Meeting the 10/20 

goals and EE will likely increase annual region-wide electricity production costs by 1%-5%, and 

will mostly affect new gas generating capacity, rather than existing coal and oil power 

production. Some emission reductions should occur, mostly CO2 and NOx. The overall effect 

on the regional economy is very limited and may produce some gains in employment and 

income. 

4. Pollution Prevention Workshop for the Preparation of Section 309 SIPs and TIPs: May 20-

21, 2003, Portland, OR-Session Notes summarizes discussions among 309 states as to common 

understandings of the P2 requirements of Section 309, developing a baseline of the minimum 

information necessary for an adequate filing and how each 309 state is proposing to approach 

this issue. A number of agreements among the participating states were reached, as well as some 

specific language in this SIP. The group noted that, at a minimum, a state’s Section 309 filing 

could center on energy/electricity. However, if a state has information on P2 programs beyond 

this scope, it can be included for a broader P2 filing. A paragraph-by-paragraph summary of 

discussions and conclusions is presented.
66

Section H. Additional Recommendations

Note: No revisions were made to this section.

1. Other GTVTC Recommendations

(a) Evaluation of additional Grand Canyon Visibility Transport Commission recommendations. 

Pursuant to 40 CFR 51.309(d)(9), the State of Wyoming has evaluated the “additional” 

recommendations of the Grand Canyon Visibility Transport Commission, to determine if any of 

these recommendations can be practicably included in this Implementation Plan. The State of 

Wyoming reviewed the Commissions’ 1996 report, “Recommendations for Improving Western

Vistas”, to identify those recommendations that were not incorporated into Section 309 of the 

Regional Haze Rule. This evaluation is described in the Wyoming TSD.

(b) Implementation of Additional Recommendations. Based on the evaluation made by the State 

of Wyoming, as described in the Wyoming TSD, no additional measures have been identified as 

being practicable or necessary to demonstrate reasonable progress at this time.

2. Applicable WRAP Reports and Documents

All of the GCVTC original recommendations are contained in the 1996 report Recommendations 

for Improving Western Vistas.
67

Section I. Periodic Implementation Plan Revisions

1. Periodic Implementation Plan Revisions

(a) Periodic Progress Reports for demonstrating Reasonable Progress. Pursuant to 40 CFR 

51.309(d)(10)(i), the State of Wyoming shall submit to EPA, as a SIP revision, periodic progress 

reports for the years 2013 and 2018 for the purpose of demonstrating reasonable progress in 

Mandatory Federal Class I areas within Wyoming, and Mandatory Federal Class I areas outside 

Wyoming that are affected by emissions from Wyoming. This demonstration may be conducted 

by the WRAP, with assistance from Wyoming, and shall address the elements listed under 40 

CFR 51.309(d)(10)(i)(A) through (G), as summarized below: 

(1) Implementation status of 2003 SIP measures;

(2) Summary of emissions reductions;

(3) Assessment of most/least impaired days;

(4) Analysis of emission reductions by pollutant;

(5) Significant changes in anthropogenic emissions;

(6) Assessment of 2003 SIP sufficiency; and

(7) Assessment of visibility monitoring strategy.

(b) Actions to be taken concurrent with Periodic Progress Reports. Pursuant to 40 CFR 

51.309(d)(10)(ii), the State of Wyoming shall take one of the following actions based upon 

information contained in each periodic progress report:

(1) Provide a negative declaration statement to EPA saying that no implementation plan 

revision is needed if reasonable progress is being made, in accordance with section (a) 

above;

(2) If the state finds that the Implementation Plan is inadequate to ensure reasonable progress 

due to emissions from outside the state, Wyoming shall notify EPA and the other 

contributing state(s), and initiate efforts through a regional planning process to address 

the emissions in question. The State of Wyoming shall identify in the next progress 

report the outcome of this regional planning effort, including any additional strategies 

that were developed to address the Plan’s deficiencies; 

(3) If the state finds that the Implementation Plan is inadequate to ensure reasonable progress 

due to emissions from another country, Wyoming shall notify EPA and provide 

information on the impairment being caused by these emissions; or 

(4) If the state finds that the Implementation Plan is inadequate to ensure reasonable progress 

due to emissions from within Wyoming, Wyoming shall develop additional strategies to 

address the Plan deficiencies and revise the Implementation Plan no later than one year 

from the date that the progress report was due.

 
68

2. Applicable WRAP Reports and Documents 

None.
69

Section J. State Planning/Interstate Coordination and Tribal

 Implementation

Note: No revisions were made to this section.

1. State Planning/Interstate Coordination and Tribal Implementation

(a) Participation in Regional Planning and Coordination. Pursuant to 40 CFR 51.309(d)(11), 

the State of Wyoming has participated in regional planning and coordination with other states in 

developing its emission reduction strategies under 40 CFR 51.309, related to protecting the 16 

Class I areas of the Colorado Plateau. This participation was through the Western Regional Air 

Partnership. A chart in Appendix D of this Implementation Plan illustrates the State of 

Wyoming’s participation in regional planning and interstate coordination.

(b) Applicability to Tribal Lands. Pursuant to 40 CFR 51.309(d)(12), and in accordance 

with the Tribal Authority Rule, the Tribe whose lands are surrounded by the State of 

Wyoming have the option to develop a regional haze TIP for their lands to assure 

reasonable progress in the 16 Class I areas of the Colorado Plateau. As such, no 

provisions of this chapter of the Implementation Plan shall be construed as being 

applicable to Indian Country.

2. Applicable WRAP Reports and Documents 

The WRAP Charter sets forth the basic operating goals, principles and procedures.
70

Section K. Geographic Enhancements

1. Geographic Enhancement Program

The requirements for geographic enhancement are discussed on page 35757 in the Preamble to 

the 1999 regional haze rule. Geographic enhancement is a voluntary approach for addressing 

reasonably attributable visibility impairment (RAVI) for stationary sources, under the provisions 

of 40 CFR 51.302(c). RAVI is different from regional haze in that it addresses “hot spots” or 

situations where visibility impairment in a Class I area is reasonably attributable to a single 

source or small group of sources in relatively close proximity to the Class I area. The geographic 

enhancement approach would allow states or tribes to use the efficiencies and reduced cost 

provided by the market trading program to accommodate situations where RAVI needs to be 

addressed. Additional information is contained in the WESTAR report, Recommendations for 

Making Attribution Determinations in the Context of Reasonably Attributable BART.

Procedure for addressing Reasonably Attributable Visibility Impairment under the Regional 

Haze Rule. If the Federal Land Manager certifies impairment, the State of Wyoming will fulfill 

its obligations to determine attribution and if necessary determine BART for the applicable 

source or group of sources in accordance with Wyoming’s SIP for reasonably attributable 

visibility protection approved by EPA on February 15, 1989 through a notice in the Federal 

Register. The Wyoming SIP for reasonably attributable visibility became effective on April 17, 

1989.

2. Applicable WRAP Reports and Documents

See WESTAR report Recommendations for Making Attribution Determinations in the Context of 

Reasonably Attributable BART. This report recommends approaches for determining if visibility 

impairment is reasonably attributable to a source or group of sources, often known as reasonably 

attributable visibility impairment (RAVI). The report was prepared by the WESTAR Council 

under contract to the WRAP, and has been reviewed by the Market Trading Forum and made 

available for public comment on May 22, 2003.
71

Section L. Reasonable Progress for Additional Mandatory Federal Class I

 Areas

1. Reasonable Progress for Additional Mandatory Federal Class I Areas

(a) Declaration for other Mandatory Federal Class I areas. Pursuant to 40 CFR 51.309(g)(1), 

the State of Wyoming declares it will follow Section 309(g)(2) and (g)(3) in supplementing this 

regional haze Implementation Plan for the seven Mandatory Federal Class I areas not on the 

Colorado Plateau in the State of Wyoming. These Mandatory Federal Class I areas are as 

follows: 

Yellowstone National Park

Grand Teton National Park

North Absaroka Wilderness

Washakie Wilderness

Teton Wilderness

Bridger Wilderness

Fitzpatrick Wilderness

 

2. Applicable WRAP Reports and Documents

None.
72

APPENDICES

Appendix A: Definitions

Appendix B: Stationary Sources

Appendix C: Fire Programs

Appendix D: Interstate and Regional Coordination

Appendix E: Demonstration that the SO2 Milestones Provide Greater Reasonable

Progress than BART 
73

Appendix A: Definitions in the Regional Haze SIP

Applicable definitions from 40 CFR 51.301:

1. BART-eligible source means an existing stationary facility as defined in this section.

2. Best Available Retrofit Technology (BART) means an emission limitation based on the 

degree of reduction achievable through the application of the best system of continuous 

emission reduction for each pollutant which is emitted by an existing stationary facility. The 

emission limitation must be established, on a case-by-case basis, taking into consideration the 

technology available, the costs of compliance, the energy and nonair quality environmental 

impacts of compliance, any pollution control equipment in use or in existence at the source, 

the remaining useful life of the source, and the degree of improvement in visibility which 

may reasonably be anticipated to result from the use of such technology.

3. Deciview means a measurement of visibility impairment. A deciview is a haze index derived 

from calculated light extinction, such that uniform changes in haziness correspond to uniform 

incremental changes in perception across the entire range of conditions, from pristine to 

highly impaired. The deciview haze index is calculated based on the following equation (for 

the purposes of calculating deciview, the atmospheric light extinction coefficient must be 

calculated from aerosol measurements):

Deciview haze index = 10 1ne (bext/10 Mm-1

).

Where bext = the atmospheric light extinction coefficient, expressed in inverse 

megameters (Mm-1

).

4. Department means the Wyoming Department of Environmental Quality.

5. Existing stationary facility means any of the following stationary sources of air pollutants, 

including any reconstructed source, which was not in operation prior to August 7, 1962, and 

was in existence on August 7, 1977, and has the potential to emit 250 tons per year or more 

of any air pollutant. In determining potential to emit, fugitive emissions, to the extent 

quantifiable, must be counted.

Fossil-fuel fired steam electric plants of more than 250 million British thermal units per 

hour heat input,

Coal cleaning plants (thermal dryers),

Kraft pulp mills,

Portland cement plants,

Primary zinc smelters,

Iron and steel mill plants,

Primary aluminum ore reduction plants,

Primary copper smelters,

Municipal incinerators capable of charging more than 250 tons of refuse per day,

Hydrofluoric, sulfuric, and nitric acid plants,

Petroleum refineries,
74

Lime plants,

Phosphate rock processing plants,

Coke oven batteries,

Sulfur recovery plants,

Carbon black plants (furnace process),

Primary lead smelters,

Fuel conversion plants,

Sintering plants,

Secondary metal production facilities,

Chemical process plants,

Fossil-fuel boilers of more than 250 million British thermal units per hour heat input,

Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels,

Taconite ore processing facilities,

Glass fiber processing plants, and

Charcoal production facilities.

6. Federal Class I area means any Federal land that is classified or reclassified Class I.

7. Federal Land Manager means the Secretary of the department with authority over the 

Federal Class I area (or the Secretary’s designee) or, with respect to Roosevelt-Campobello 

International Park, the Chairman of the Roosevelt-Campobello International Park 

Commission.

8. Federally enforceable means all limitations and conditions which are enforceable by the 

Administrator under the Clean Air Act including those requirements developed pursuant to 

parts 60 and 61 of this title, requirements within any applicable State Implementation Plan, 

and any permit requirements established pursuant to 40 CFR 52.21 or under regulations 

approved pursuant to 40 CFR 51, 52, or 60.

9. Implementation plan means, for the purposes of this part, any State Implementation Plan, 

Federal Implementation Plan, or Tribal Implementation Plan.

10. Indian tribe or tribe means any Indian tribe, band, nation, or other organized group or 

community, including any Alaska Native village, which is federally recognized as eligible for 

the special programs and services provided by the United States to Indians because of their 

status as Indians.

11. In existence means that the owner or operator has obtained all necessary preconstruction 

approvals or permits required by Federal, State, or local air pollution emissions and air 

quality laws or regulations and either has (1) begun, or caused to begin, a continuous 

program of physical on-site construction of the facility or (2) entered into binding agreements 

or contractual obligations, which cannot be cancelled or modified without substantial loss to 

the owner or operator, to undertake a program of construction of the facility to be completed 

in a reasonable time.
75

12. Least impaired days means the average visibility impairment (measured in deciviews) for the 

twenty percent of monitored days in a calendar year with the lowest amount of visibility 

impairment.

13. Major stationary source and major modification mean major stationary source and major 

modification, respectively, as defined in 40 CFR 51.166.

14. Mandatory Class I Federal Area means any area identified in part 81, subpart D of this title.

15. Most impaired days means the average visibility impairment (measured in deciviews) for the 

twenty percent of monitored days in a calendar year with the highest amount of visibility 

impairment.

16. Natural conditions includes naturally occurring phenomena that reduce visibility as 

measured in terms of light extinction, visual range, contrast, or coloration.

17. Potential to emit means the maximum capacity of a stationary source to emit a pollutant 

under its physical and operational design. Any physical or operational limitation on the 

capacity of the source to emit a pollutant including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored, or 

processed, shall be treated as part of its design if the limitation or the effect it would have on 

emissions is federally enforceable. Secondary emissions do not count in determining the 

potential to emit of a stationary source.

18. Reasonably attributable means attributable by visual observation or any other technique the 

State deems appropriate.

19. Reasonably attributable visibility impairment means visibility impairment that is caused by 

the emission of air pollutants from one, or a small number of sources.

20. Regional haze means visibility impairment that is caused by the emission of air pollutants 

from numerous sources located over a wide geographic area. Such sources include, but are 

not limited to, major and minor stationary sources, mobile sources, and area sources.

21. State means “State” as defined in section 302(d) of the CAA.

22. Stationary Source means any building, structure, facility, or installation which emits or may 

emit any air pollutant.

23. Visibility impairment means any humanly perceptible change in visibility (light extinction, 

visual range, contrast, coloration) from that which would have existed under natural 

conditions.
76

Definitions from 40 CFR 51.309:

1. 16 Class I areas means the following mandatory Class I Federal areas on the Colorado 

Plateau: Grand Canyon National Park, Sycamore Canyon Wilderness, Petrified Forest 

National Park, Mount Baldy Wilderness, San Pedro Parks Wilderness, Mesa Verde National 

Park, Weminuche Wilderness, Black Canyon of the Gunnison Wilderness, West Elk 

Wilderness, Maroon Bells Wilderness, Flat Tops Wilderness, Arches National Park, 

Canyonlands National Park, Capitol Reef National Park, Bryce Canyon National Park, and 

Zion National Park.

2. Transport Region State means one of the States that is included within the Transport Region 

addressed by the Grand Canyon Visibility Transport Commission (Arizona, California, 

Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, and Wyoming).

3. Commission Report means the report of the Grand Canyon Visibility Transport Commission 

entitled “Recommendations for Improving Western Vistas,” dated June 10, 1996.

4. Fire means wildfire, wildland fire (including prescribed natural fire), prescribed fire, and 

agricultural burning conducted and occurring on Federal, State, and private wildlands and 

farmlands.

5. Milestone means the maximum level of annual regional sulfur dioxide emissions for a given 

year, assessed annually consistent with paragraph (h)(2) of this section beginning in the year 

2003. 

6. Mobile Source Emission Budget means the lowest level of VOC, NOx, SO2, elemental and 

organic carbon, and fine particles which are projected to occur in any area within the 

transport region from which mobile source emissions are determined to contribute 

significantly to visibility impairment in any of the 16 Class I areas.

7. Geographic enhancement means a method, procedure, or process to allow a broad regional 

strategy, such as a milestone or backstop market trading program designed to achieve greater 

reasonable progress than BART for regional haze, to accommodate BART for reasonably 

attributable impairment.

Definitions for the SO2 Milestones and Backstop Trading Program, Section C

1. Account Certificate of Representation means for a WEB Source the completed and signed 

submission required to designate an Account Representative for a WEB source who is 

authorized to represent the owners and operators of the WEB source with regard to matters 

under the WEB Trading Program and for a general account, the individual who is authorized 

to represent the persons having an ownership interest with respect to allowances in the 

general account with regard to matters concerning the general account.

2. Account Representative means the individual who is authorized through an Account 

Certificate of Representation to represent owners and operators of the WEB source with 
77

regard to matters under the WEB Trading Program (including, for example, to transfer and 

otherwise manage allowances and certify all submissions to the Allowance Tracking System 

and the emissions tracking database for the purposes of the Rule) or, for a general account, 

who is authorized through an Account Certificate of Representation to represent the persons 

having an ownership interest in allowances in the general account with regard to matters 

concerning the general account.

3. Act means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.

4. Actual emissions means, for the purpose of this Implementation Plan, total annual SO2 

emissions as reported to EPA, and revised as necessary by, state, tribes, or EPA, under 40 

CFR part 75 or to the authorized permitting agency in accordance with the requirements of 

the Rule or Title V of the Clean Air Act, as applicable.

5. Allocate means to assign allowances to a WEB source through Part C1 of Section C of this

Implementation Plan.

6. Allowance means the limited authorization under the WEB Trading Program to emit one ton 

of SO2 during a specified control period or any control period thereafter subject to the terms 

and conditions for use of unused allowances as established by the Rule. 

7. Allowance limitation means the tonnage of SO2 emissions authorized by the allowances 

available for compliance deduction for a WEB source for a control period under Section 

2(k)(i) of Chapter 14 on the allowance transfer deadline for that control period.

8. Allowance Tracking System means the system developed by Wyoming where allowances 

under the WEB Trading Program are recorded, held, transferred and deducted.

9. Allowance Tracking System account means an account in the Allowance Tracking System 

established for purposes of recording, holding, transferring, and deducting allowances.

10. Compliance account means an account established in the Allowance Tracking System under 

Section 2(g)(i) of Chapter 14 for the purpose of recording allowances that a WEB source 

might hold to demonstrate compliance with its allowance limitation. 

11. Control period means the period beginning January 1 of each year and ending on December 

31 of the same year, inclusive.

12. Emissions tracking database means the central database where SO2 emissions for WEB 

sources as recorded and reported in accordance with Chapter 14 are tracked to determine 

compliance with allowance limitations.

13. EPA Administrator means the Administrator of the United States Environmental Protection 

Agency or the Administrator’s duly authorized representative.
78

14. Existing source means a stationary source that commenced operation before the program 

trigger date. 

15. Floor allocation means the amount of allowances set by Wyoming in accordance with this 

Plan that represents the minimum necessary for a source to operate under stringent control 

assumptions. 

16. General account means an account established in the Allowance Tracking System under 

Section 2(g)(i) of Chapter 14 for the purpose of recording allowances held by a person that 

are not to be used to show compliance with an allowance limitation.

17. Milestone means the maximum level of stationary source regional sulfur dioxide emissions 

for each year from 2003 to 2018, established according to the procedures in Part A of Section 

C of this Implementation Plan.

18. New WEB Source means a WEB source that commenced operation on or after the program 

trigger date.

19. New Source Set-aside means a pool of allowances that are available for allocation to new 

sources in accordance with the provisions of Part C1.3 of Section C of this Implementation 

Plan.

20. Opt-in means to choose to participate in the WEB Trading Program by following the 

procedures in Section 2(c) of Chapter 14 and to comply with the terms and conditions of 

Chapter 14.

21. Program trigger date means the date that Wyoming determines that the WEB Trading 

Program has been triggered in accordance with the provisions of Part A2 of Section C of this

Implementation Plan.

22. Reducible allocation means the amount of allowances set by Wyoming in accordance with 

Part C1.1(b)(9) of Section C of this Plan that represents, for each source, emissions in excess 

of the floor allocation that shall be reduced over time as the regional milestone is decreased.

23. Retired source means a WEB source that has received a retired source exemption as 

provided in Section 2(c) of Chapter 14.

24. Special Reserve Compliance Account means an account established in the allowance 

tracking system under Chapter 14, Section 2(g)(i) for the purpose of recording allowances 

that a WEB source might hold to demonstrate compliance with its allowance limitation for 

emission units that are monitored for sulfur dioxide in accordance with Chapter 14, Section 

2(h)(i)(B).

25. Stationary source means any building, structure, facility or installation that emits or may 

emit any air pollutant subject to regulation under the Clean Air Act.
79

26. Ton means 2,000 pounds and, for any control period, any fraction of a ton equaling 1,000 

pounds or more shall be treated as one ton and any fraction of a ton equaling less than 1,000 

pounds shall be treated as zero tons.

27. Tracking System Administrator means the person designated by Wyoming as the 

administrator of the WEB Allowance Tracking System and the emission tracking database.

28. Tribal Set-Aside means a 2,500-ton SO2 WEB allowance allocated to tribes on an annual 

basis. The tribes will decide how to distribute the allowances in the set-aside among tribes in 

the region. The set-aside is intended to ensure equitable treatment for tribal economies and 

to prevent barriers to economic development.

29. Trigger refers to the activation of the WEB Trading Program for SO2 in accordance with Part

A of Section C of this Implementation Plan.

30. Unit means a stationary boiler, combustion turbine or combined cycle system.

31. WEB source means a stationary source that meets the applicability requirements of Chapter 

14, Section 2.

32. Western Backstop SO2 Trading Program (“WEB Trading Program”) refers to the Rule that 

shall be triggered as a backstop in accordance with the provisions in Part A of Section C of 

this Implementation Plan to ensure that regional SO2 emissions are reduced.

33. Western Regional Air Partnership (WRAP) means the collaborative effort of tribal 

governments, state governments, and federal agencies to promote and monitor 

implementation of recommendations from the Grand Canyon Visibility Transport 

Commission authorized under Section 169B(f) of the Act, and to address other common 

Western regional air quality issues.
80

Appendix B: Stationary Sources
14-1

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS 

CHAPTER 14

EMISSION TRADING PROGRAM REGULATIONS

Section 2. Western backstop sulfur dioxide trading program.

(a) Definitions.

The following additional definitions apply to Chapter 14, Section 2.

“Account Representative” means the individual who is authorized through a Certificate 

to represent owners and operators of the WEB source with regard to matters under the WEB 

Trading Program or, for a general account, who is authorized through a Certificate to represent 

the persons having an ownership interest in allowances in the general account with regard to 

matters concerning the general account.

“Act” means the federal Clean Air Act, as amended 42 U.S.C. 7401, et seq.

“Actual Emissions” means total annual sulfur dioxide emissions determined in 

accordance with Section 2(h) of this Chapter or determined in accordance with Section 3 of this 

Chapter for sources that are not subject to Section 2(h) of this Chapter.

“Allocate” means to assign allowances to a WEB source in accordance with Part C1 of 

Section C of the Wyoming Regional Haze SIP (WYRHSIP).

“Allowance” means the limited authorization under the WEB Trading Program to emit 

one ton of sulfur dioxide during a specified control period or any control period thereafter 

subject to the terms and conditions for use of unused allowances as established by Section 2 of 

this Chapter.

“Allowance limitation” means the tonnage of sulfur dioxide emissions authorized by the 

allowances available for compliance deduction for a WEB source under Section 2(k) of this 

Chapter on the allowance transfer deadline for each control period.

“Allowance Tracking System” means the system where allowances under the WEB 

Trading Program are recorded, held, transferred and deducted.

“Allowance Tracking System account” means an account in the Allowance Tracking 

System established for purposes of recording, holding, transferring, and deducting allowances.

“Allowance transfer deadline” means the deadline established in Section 2(i)(ii) of this 

Chapter when allowances must be submitted for recording in a WEB source’s compliance 

account in order to demonstrate compliance for that control period.
14-2

“Best Available Retrofit Technology (BART)” means that emission reduction control 

device, facility, method, or system, used to achieve the best continuous emission reduction for 

each pollutant emitted by an existing stationary facility. The emission limitation shall be 

established on a case-by-case basis taking into consideration the technology available, the costs 

of compliance, the energy and non-air quality environmental impacts of compliance, any 

pollution control equipment in use or in existence at the source, the remaining useful life of the 

source, and the degree of improvement in visibility which may reasonably be anticipated to 

result from the use of such technology.

“Certificate” means the completed and signed submission required to designate an 

account representative for a WEB source or an account representative for a general account.

“Compliance account” means an account established in the Allowance Tracking System 

under Section 2(g)(i) of this Chapter for the purpose of recording allowances that a WEB source 

might hold to demonstrate compliance with its allowance limitation.

“Compliance certification” means a submission to the Department by the account 

representative as required under Section 2(k)(ii) of this Chapter to report a WEB source’s 

compliance or noncompliance with Chapter 14, Section 2.

“Control period” means the period beginning January 1 of each year and ending on 

December 31 of the same year, inclusive.

“Emissions tracking database” means the central database where sulfur dioxide 

emissions for WEB sources as recorded and reported in accordance with Section 2 of this 

Chapter are tracked to determine compliance with allowance limitations.

“Emission unit” means any part of a stationary source that emits or would have the 

potential to emit any pollutant subject to regulations under the Clean Air Act.

“Existing source” means a stationary source that commenced operation before the 

program trigger date.

“General account” means an account established in the Allowance Tracking System 

under Section 2(g) of this Chapter for the purpose of recording allowances held by a person that 

are not to be used to show compliance with an allowance limitation.

“Milestone” means the maximum level of stationary source regional sulfur dioxide 

emissions for each year from 2003 to 2018, established according to the procedures in Part A1 of 

Section C of the WYRHSIP.

“New WEB Source” means a WEB source that commenced operation on or after the 

program trigger date.

“New Source Set-aside” means a pool of allowances that are available for allocation to 

new sources in accordance with the provisions of Part C1.3 of Section C of the WYRHSIP.
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“Owner or Operator” means any person who is an owner or who operates, controls or 

supervises a WEB source, and includes but is not limited to any holding company, utility system 

or plant manager.

“Potential to emit” means the maximum capacity of a stationary source to emit any air 

pollutant under its physical and operational design. Any physical or operational limitation on the 

capacity of a source to emit an air pollutant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored or 

processed, shall be treated as part of its design if the limitation is enforceable by the EPA 

Administrator.

“Program trigger date” means the date that the Department determines that the WEB

Trading Program has been triggered in accordance with the provisions of Part A3 of Section C of 

the WYRHSIP.

“Program trigger years” means the years shown in Part A1 of Section C of the 

WYRHSIP, Table 1, column 3 for the applicable milestone if the WEB Trading Program is 

triggered as described in Part A3 of Section C of the WYRHSIP.

“Renewable Energy Resource” means a resource that generates electricity by nonnuclear and non-fossil technologies that results in low or no air emissions. The term includes 

electricity generated by wind energy technologies; solar photovoltaic and solar thermal 

technologies; geothermal technologies; technologies based on landfill gas and biomass sources, 

and new low-impact hydropower that meets the Low-Impact Hydropower Institute criteria. 

Biomass includes agricultural, food and wood wastes. The term does not include pumped 

storage or biomass from municipal solid waste, black liquor, or treated wood.

“Retired source” means a WEB source that has received a retired source exemption as 

provided in Section 2(c)(iv) of this Chapter. Any retired source resuming operations under 

Section 2(c)(iv) of this Chapter, must submit its exemption as part of its registration materials.

“Serial number” means, when referring to allowances, the unique identification number 

assigned to each allowance by the TSA, in accordance with Section 2(f)(ii) of this Chapter.

“Special Reserve Compliance Account” means an account established in the allowance 

tracking system under Section 2(g)(i) for the purpose of recording allowances that a WEB source 

might hold to demonstrate compliance with its allowance limitation for emission units that are 

monitored for SO2 in accordance with Section 2(h)(i)(B).

“Stationary source” means any building, structure, facility or installation that emits or 

may emit any air pollutant subject to regulation under the Clean Air Act.

“Submit” means sent to the appropriate authority under the signature of the account 

representative. For purposes of determining when something is submitted, an official U.S. Postal 

Service postmark, or equivalent electronic time stamp, shall establish the date of submittal.
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“Sulfur dioxide emitting unit” means any equipment that is located at a WEB source and 

that emits sulfur dioxide.

“Ton” means 2000 pounds and any fraction of a ton equaling 1000 pounds or more shall 

be treated as one ton and any fraction of a ton equaling less than 1000 pounds shall be treated as 

zero tons.

“Tracking System Administrator (TSA)” means the person designated by the 

Department as the administrator of the Allowance Tracking System and the emission tracking 

database.

“WEB source” means a stationary Western Backstop (WEB) source that meets the 

applicability requirements of Section 2(c) of this Chapter.

“WEB Trading Program” means Section 2 of this Chapter, triggered as a backstop in 

accordance with the provisions in Part A3 of Section C of the WYRHSIP, if necessary, to ensure 

that regional sulfur dioxide emissions are reduced.

“WYRHSIP” means the Wyoming Regional Haze State Implementation Plan.

(b) WEB Trading Program Trigger.

(i) Except as provided in (ii), the provisions of Section 2 of this Chapter shall 

apply on the program trigger date that is established in accordance with the procedures in Part 

A3 of Section C of the WYRHSIP.

(ii) Special Penalty Provisions for 2018 Milestone, Section 2(l) of this Chapter, 

shall apply on January 1, 2018 and shall remain effective until the provisions of Section 2(l) of 

this Chapter have been fully implemented.

(c) WEB Trading Program Applicability.

(i) General Applicability. Section 2 of this Chapter applies to any stationary 

source or group of stationary sources that are located on one or more contiguous or adjacent 

properties and which are under the control of the same person or persons under common control, 

belonging to the same industrial grouping, and that are described in paragraphs (A) and (B) of 

this subsection. A stationary source or group of stationary sources shall be considered part of a 

single industrial grouping if all of the pollutant emitting activities at such source or group of 

sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the 

same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

(A) All stationary sources that have actual sulfur dioxide emissions of 100 

tons or more per year in the Program Trigger Years or any subsequent year. The fugitive 

emissions of a stationary source shall not be considered in determining whether it is subject to 

Section 2 of this Chapter unless the source belongs to one of the following categories of 

stationary source:
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(I) Coal cleaning plants (with thermal dryers);

(II) Kraft pulp mills;

(III) Portland cement plants;

(IV) Primary zinc smelters;

(V) Iron and steel mills;

(VI) Primary aluminum ore reduction plants;

(VII) Primary copper smelters;

(VIII) Municipal incinerators capable of charging more than 250 

tons of refuse per day;

(IX) Hydrofluoric, sulfuric, or nitric acid plants;

(X) Petroleum refineries;

(XI) Lime plants;

(XII) Phosphate rock processing plants;

(XIII) Coke oven batteries;

(XIV) Sulfur recovery plants;

(XV) Carbon black plants (furnace process);

(XVI) Primary lead smelters;

(XVII) Fuel conversion plants;

(XVIII) Sintering plants;

(XIX) Secondary metal production plants;

(XX) Chemical process plants;

(XXI) Fossil-fuel boilers (or combination thereof) totaling more 

than 250 million British thermal units per hour heat input;
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(XXII) Petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels;

(XXIII) Taconite ore processing plants;

(XXIV) Glass fiber processing plants;

(XXV) Charcoal production plants;

(XXVI) Fossil-fuel-fired steam electric plants of more than 250 

million British thermal units per hour heat input; or

(XXVII) Any other stationary source category, which as of 

August 7, 1980 is being regulated under Section 111 or 112 of the Clean Air Act.

(B) A new source that begins operation after the program trigger date and 

has the potential to emit 100 tons or more of sulfur dioxide per year.

(ii) The Department may determine on a case-by-case basis, with concurrence 

from the EPA Administrator, that a stationary source defined in 2(c)(i)(A) above that has not 

previously met the applicability requirements of (i) is not subject to Chapter 14, Section 2 if the 

stationary source had actual sulfur dioxide emissions of 100 tons or more in a single year and in 

each of the previous five years had actual sulfur dioxide emissions of less than 100 tons per year, 

and:

(A) (I) The emissions increase was due to a temporary emission 

increase that was caused by a sudden, infrequent failure of air pollution control equipment, or 

process equipment, or a failure to operate in a normal or usual manner, and

(II) The stationary source has corrected the failure of air pollution 

equipment, process equipment, or process by the time of the Department’s determination; or

(B) The stationary source had to switch fuels or feedstocks on a 

temporary basis and as a result of an emergency situation or unique and unusual circumstances 

besides the cost of such fuels or feedstocks.

(iii) Duration of Applicability. Except as provided for in Section 2(c)(iv) of this 

Chapter, once a stationary source is subject to Section 2 of this Chapter, it will remain subject to 

Chapter 14, Section 2 every year thereafter.

(iv) Retired Source Exemption.

(A) Application. Any WEB source that is permanently retired shall apply 

for a retired source exemption. The WEB source may only be considered permanently retired if 

all sulfur dioxide emitting units at the source are permanently retired. The application shall 

contain the following information:
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(I) Identification of the WEB source, including plant name and an 

appropriate identification code in a format specified by the Department.

(II) Name of Account Representative.

(III) Description of the status of the WEB source, including the 

date that the WEB source was permanently retired.

(IV) Signed certification that the WEB source is permanently 

retired and will comply with the requirements of Section 2(c)(iv) of this Chapter.

(V) Verification that the WEB source has a general account where 

any unused allowances or future allocations will be recorded.

(B) Notice. The retired source exemption becomes effective when the 

Department notifies the WEB source that the retired source exemption has been granted.

(C) Responsibilities of Retired Sources.

(I) A retired source shall be exempt from Section 2(h) and Section 

2(k) of this Chapter, except as provided below.

(II) A retired source shall not emit any sulfur dioxide after the date 

the retired source exemption is issued.

(III) A WEB source shall submit sulfur dioxide emissions reports, 

as required by Section 2(h)(viii) of this Chapter for any time period the source was operating 

prior to the effective date of the retired source exemption. The retired source shall be subject to 

the compliance provisions of Section 2(k) of this Chapter, including the requirement to hold 

allowances in the source’s compliance account to cover all sulfur dioxide emissions prior to the 

date the source was permanently retired.

(IV) A retired source that is still in existence but no longer 

emitting sulfur dioxide shall, for a period of five years from the date the records are created, 

retain records demonstrating the effective date of the retired source exemption for purposes of 

Chapter 14, Section 2.

(D) Resumption of Operations.

(I) Should a retired source desire to resume operation, the retired 

source must submit registration materials as follows:

(1.) If the source is required to obtain a construction permit 

under Chapter 6, Section 2 or an operating permit under Chapter 6, Section 3 prior to resuming 

operation, then registration information as described in Section 2(e)(i) of this Chapter and a copy 
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of the retired source exemption must be submitted with the notice of intent under Chapter 6, 

Section 2 or the operating permit application required under Chapter 6, Section 3;

(2.) If the source does not meet the criteria of (1.), then 

registration information as described in Section 2(e)(i) of this Chapter and a copy of the retired 

source exemption must be submitted to the Department at least ninety (90) days prior to 

resumption of operation.

(II) The retired source exemption shall automatically expire on the 

day the retired source resumes operation.

(E) Loss of Future Allowances. A WEB source that is permanently 

retired and that does not apply to the Department for a retired source exemption within ninety 

(90) days of the date that the source is permanently retired shall forfeit any unused and future 

allowances. The abandoned allowances shall be retired directly by the TSA.

(d) Account Representative for WEB Sources.

(i) Each WEB source must identify one account representative and may also 

identify an alternate account representative who may act on behalf of the account representative. 

Any representation, action, inaction or submission by the alternate account representative will be 

deemed to be a representation, action, inaction or submission by the account representative.

(ii) Identification and Certification of an Account Representative.

(A) The account representative and any alternate account representative 

shall be appointed by an agreement that makes the representations, actions, inactions or 

submissions of the account representative and any alternate binding on the owners and operators 

of the WEB source.

(B) The account representative shall submit to the Department and the 

TSA a signed and dated Certificate that contains the following elements:

(I) Identification of the WEB source by plant name, state and an 

appropriate identification code in a format specified by the Department;

(II) The name, address, e-mail (if available), telephone and 

facsimile number of the account representative and any alternate;

(III) A list of owners and operators of the WEB source;

(IV) Information to be part of the emission tracking system 

database in accordance with Part A2.1 of Section C of the WYRHSIP. The specific data 

elements shall be as specified by the State of Wyoming to be consistent with the data system 

structure, and may include basic facility information that may appear in other reports and notices 
14-9

submitted by the WEB source, such as county location, industrial classification codes, and 

similar general facility information.

(V) The following certification statement: “I certify that I was 

selected as the account representative or alternate account representative, as applicable, by an 

agreement binding on the owners and operators of the WEB source. I certify that I have all the 

necessary authority to carry out my duties and responsibilities under the WEB Trading Program 

on behalf of the owners and operators of the WEB source and that each such owner and operator 

shall be fully bound by my representations, actions, inactions, or submissions and by any 

decision or order issued to me by the Department regarding the WEB Trading Program.”

(C) Upon receipt by the Department of the complete Certificate, the 

account representative and any alternate account representative represents and, by his or her 

representations, actions, inactions, or submissions, legally binds each owner and operator of the 

WEB source in all matters pertaining to the WEB Trading Program. The owners and operators 

shall be bound by any decision or order issued by the Department regarding the WEB Trading 

Program.

(D) No WEB Allowance Tracking System account shall be established 

for the WEB source until the TSA has received a complete Certificate. Once the account is 

established, the account representative shall make all submissions concerning the account, 

including the deduction or transfer of allowances.

(iii) Responsibilities.

(A) The responsibilities of the account representative include, but are not 

limited to, the transferring of allowances and the submission of monitoring plans, registrations, 

certification applications, sulfur dioxide emissions data and compliance reports as required by 

Section 2 of this Chapter, and representing the source in all matters pertaining to the WEB 

Trading Program.

(B) Each submission under this program shall be signed and certified by 

the account representative for the WEB source. Each submission shall include the following 

truth and accuracy certification statement by the account representative:

(I) “I am authorized to make this submission on behalf of the 

owners and operators of the WEB source for which the submission is made. I certify under 

penalty of law that I have personally examined, and am familiar with, the statements and 

information submitted in this document and all its attachments. Based on my inquiry of those 

individuals with primary responsibility for obtaining the information, I certify that the statements 

and information are to the best of my knowledge and belief true, accurate, and complete. I am 

aware that there are significant penalties for submitting false statements and information or 

omitting required statements and information, including the possibility of fine or imprisonment.”

(iv) Changing the Account Representative or Owners and Operators.
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(A) Changes to the Account Representative or the alternate Account 

Representative.

The account representative or alternate account representative may be 

changed at any time by sending a complete superseding Certificate to the Department and the 

TSA under Section 2(d)(ii) of this Chapter, with the change taking effect upon receipt of such 

Certificate by the TSA. Notwithstanding any such change, all representations, actions, inactions, 

and submissions by the previous account representative or alternate prior to the time and date 

when the TSA receives the superseding Certificate shall be binding on the new account 

representative and the owners and operators of the WEB source.

(B) Changes in Owners and Operators.

(I) Within thirty (30) days of any change in the owners and 

operators of the WEB source, including the addition of a new owner or operator, the account 

representative shall submit a revised Certificate amending the list of owners and operators to 

include such change.

(II) In the event a new owner or operator of a WEB source is not 

included in the list of owners and operators submitted in the Certificate, such new owner or 

operator shall be deemed to be subject to and bound by the Certificate, the representations, 

actions, inactions, and submissions of the account representative of the WEB source, and the 

decisions, orders, actions, and inactions of the Department as if the new owner or operator were 

included in such list.

(e) Registration.

(i) Deadlines.

(A) Each source that is a WEB source on or before the program trigger 

date shall register by submitting the initial Certificate required in Section 2(d)(ii) of this Chapter 

to the Department no later than 180 days after the program trigger date.

(B) Any existing source that becomes a WEB source after the program 

trigger date shall register by submitting the initial Certificate required in Section 2(d)(ii) of this 

Chapter to the Department by September 30 of the year following the inventory year in which 

the source exceeded the emission threshold.

(C) Any new WEB source shall register by submitting the initial 

Certificate required in Section 2(d)(ii) of this Chapter to the Department prior to the 

commencement of operation.

(ii) Integration Into Permits.
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(A) Any allocation, transfer or deduction of allowance to or from the 

compliance account of a WEB source shall not require revision of the WEB source’s operating 

permit under Chapter 6, Section 3.

(B) Any WEB source that is not required to have a permit under Chapter 

6, Section 2 at any time after Chapter 14 becomes effective must at all times possess a permit 

that includes the requirements of Chapter 14. If it does not possess a Title V permit under 

Chapter 6, Section 3, it may do so by obtaining or modifying a permit under Chapter 6, Section 2 

to incorporate the requirements of Chapter 14. The source must at all times possess a permit that 

includes these requirements.

(f) Allowance Allocations.

(i) The TSA will record the allowances for each WEB source in the compliance 

account for the WEB source once the allowances are allocated by the Department under Part C1 

of Section C of the WYRHSIP. If applicable, the TSA will record a portion of the sulfur dioxide 

allowances for a WEB source in a special reserve compliance account to account for any 

allowances to be held in accordance with Section 2(h)(i)(B) of this Chapter.

(ii) The TSA will assign a serial number to each allowance in accordance with 

Part C2 of Section C of the WYRHSIP.

(iii) All allowances shall be allocated, recorded, transferred, or used as whole 

allowances. To determine the number of whole allowances, the number of allowances shall be 

rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater.

(iv) An allowance is not a property right, and is a limited authorization to emit 

one ton of sulfur dioxide valid only for the purpose of meeting the requirements of Section 2 of 

this Chapter. No provision of the WEB Trading Program or other law should be construed to 

limit the authority of the Department to terminate or limit such authorization.

(v) Early Reduction Bonus Allocation. Any non-utility WEB source that installs 

new control technology and that reduces its permitted annual sulfur dioxide emissions to a level 

that is below the floor level allocation established for that source in Part C1 of Section C of the 

WYRHSIP or any utility that reduces its permitted annual sulfur dioxide emissions to a level that 

is below best available control technology may apply to the Department for an early reduction 

bonus allocation. The bonus allocation shall be available for reductions that occur between 2008 

and the program trigger year. The application must be submitted no later than ninety (90) days 

after the program trigger date. Any WEB source that applies and receives early reduction bonus 

allocations must retain the records referenced below for a minimum of five (5) years after the 

early reduction bonus allowance is certified in accordance with Part C1.1(a)(3) of Section C of 

the WYRHSIP. The application for an early reduction bonus allocation must contain the 

following information:

(A) Copies of all construction permits, operating permits or other 

enforceable documents that include annual sulfur dioxide emissions limits for the WEB source 
14-12

during the period the WEB source qualifies for an early reduction credit. Such permits or 

enforceable documents must require monitoring for sulfur dioxide emissions that meet the 

requirements in Section 2(h) of this Chapter.

(B) Demonstration that the floor level established for the source in 

accordance with Part C1.1(a)(2) of Section C of the WYRHSIP for non-utilities or best available 

control technology for utilities was calculated using data that are consistent with monitoring 

methods specified in Section 2(h)(i)(A) of this Chapter. If needed, the demonstration shall 

include a new floor level calculation that is consistent with the monitoring methodology in 

Section 2(h) of this Chapter.

(vi) Request for allowances for new WEB sources or modified WEB Sources.

(A) A new WEB source may apply to the Department for an allocation 

from the new source set-aside, as outlined in Part C1.3 of Section C of the WYRHSIP.

(I) A new WEB source is eligible for an annual floor allocation 

equal to the lower of the permitted annual sulfur dioxide emission limit for that source, or sulfur 

dioxide annual emissions calculated based on a level of control equivalent to best available 

control technology (BACT) and assuming 100 percent utilization of the WEB source, beginning 

with the first full calendar year of operation.

(B) An existing WEB source that has increased production capacity 

through a new construction permit issued under Chapter 6, Section 2 may apply to the 

Department for an allocation from the new source set-aside, as outlined in Part C1.3 of Section C 

of the WYRHSIP. An existing WEB source is eligible for an annual allocation equal to:

(I) The permitted annual sulfur dioxide emission limit for a new 

unit; or

(II) The permitted annual sulfur dioxide emission increase for the 

WEB source due to the replacement of an existing unit with a new unit or the modification of an 

existing unit that increased production capacity of the WEB source.

(C) A source that has received a retired source exemption under Chapter 

14, Section 2(c)(iv) is not eligible for an allocation from the new source set-aside.

(D) The application for an allocation from the new source set-aside must 

contain the following:

(I) For existing WEB sources under Section 2(f)(vi)(B)(II) of this 

Chapter, documentation of the production capacity of the source before and after the new permit;

(II) For new WEB sources or a new unit under Section 

2(f)(vi)(B)(I), documentation of the actual date of the commencement of operation and a copy of 

the permit issued under Chapter 6, Section 2.
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(g) Establishment of Accounts.

(i) Allowance Tracking System Accounts. All WEB sources are required to open 

a compliance account. In addition, if a WEB source conducts monitoring under Section 

2(h)(i)(B) of this Chapter, the WEB source shall open a special reserve compliance account for

allowances associated with units monitored under those provisions. The WEB source and 

account representative shall have no rights to transfer allowances in or out of such special 

reserve compliance account. The State of Wyoming shall allocate allowances to the account in 

accordance with Section 2(h)(i)(B)(V) of this Chapter and all such allowances for each control 

period shall be retired each year for compliance in accordance with Section 2(k) of this Chapter. 

Any person may open a general account for holding and transferring allowances. To open either 

type of account, an application that contains the following information shall be submitted:

(A) The name, mailing address, e-mail address, telephone number and 

facsimile number of the account representative. For a compliance account, include a copy of the 

Certificate for the account representative and any alternate as required in Section 2(d)(ii)(B) of 

this Chapter. For a general account, include the Certificate for the account representative and 

any alternate as required in (iii)(B).

(B) The WEB source or organization name;

(C) The type of account to be opened; and

(D) A signed certification of truth and accuracy by the account 

representative according to Section 2(d)(iii)(B) of this Chapter for compliance accounts and for 

general accounts, certification of truth and accuracy by the account representative according to 

(iv).

(ii) Account Representative for General Accounts. For a general account, one 

account representative must be identified and an alternate account representative may be 

identified and may act on behalf of the account representative. Any representation, action, 

inaction or submission by the alternate account representative will be deemed to be a 

representation, action, inaction or submission by the account representative.

(iii) Identification and Certification of an Account Representative for General 

Accounts.

(A) The account representative shall be appointed by an agreement that 

makes the representations, actions, inactions or submissions of the account representative 

binding on all persons who have an ownership interest with respect to allowances held in the 

general account.

(B) The account representative shall submit to the Department and the 

TSA a signed and dated Certificate that contains the following elements:
14-14

(I) The name, address, e-mail (if available), telephone and 

facsimile number of the account representative and any alternate;

(II) The organization name;

(III) The following certification statement:

“I certify that I was selected as the account representative or alternate account representative, as 

applicable, by an agreement binding on all persons who have an ownership interest in allowances 

in the general account with regard to matters concerning the general account. I certify that I have 

all the necessary authority to carry out my duties and responsibilities under the WEB Trading 

Program on behalf of said persons and that each such person shall be fully bound by my 

representations, actions, inactions, or submissions.”

(C) Upon receipt by the Department of the complete Certificate, the 

account representative represents and, by his or her representations, actions, inactions, or 

submissions, legally binds each person who has an ownership interest in allowances held in the 

general account with regard in all matters concerning the general account. Such persons shall be 

bound by any decision or order issued by the Department.

(D) No WEB Allowance Tracking System general account shall be 

established until the TSA has received a complete Certificate. Once the account is established, 

the account representative shall make all submissions concerning the account, including the 

deduction or transfer of allowances.

(iv) Requirements and Responsibilities. Each submission for the general account 

shall be signed and certified by the account representative for the general account. Each 

submission shall include the following truth and accuracy certification statement by the account 

representative:

(A) “I am authorized to make this submission on behalf of all persons 

who have an ownership interest in allowances held in the general account. I certify under 

penalty of law that I have personally examined, and am familiar with, the statements and 

information submitted in this document and all its attachments. Based on my inquiry of those 

individuals with primary responsibility for obtaining the information, I certify that the statements 

and information are to the best of my knowledge and belief true, accurate, and complete. I am 

aware that there are significant penalties for submitting false statements and information or 

omitting required statements and information, including the possibility of fine or imprisonment.”

(v) Changing the Account Representative. The account representative or 

alternate account representative may be changed at any time by sending a complete superseding 

Certificate to the Department and the TSA under (iii)(B), with the change taking effect upon 

receipt of such Certificate by the Department. Notwithstanding any such change, all 

representations, actions, inactions, and submissions by the previous account representative or 

alternate prior to the time and date when the Department receives the superseding Certificate 
14-15

shall be binding on the new account representative and all persons having ownership interest 

with respect to allowances held in the general account.

(vi) Changes to the Account. Any change to the information required in the 

application for an existing account under (i) shall require a revision of the application.

(h) Monitoring, Recordkeeping and Reporting.

(i) General Requirements on Monitoring Methods.

(A) For each sulfur dioxide emitting unit at a WEB source the WEB

source shall comply with the following, as applicable, to monitor and record sulfur dioxide mass 

emissions:

(I) If a unit is subject to 40 CFR part 75 under a requirement 

separate from the WEB Trading Program, the unit shall meet the requirements contained in part 

75 with respect to monitoring, recording and reporting sulfur dioxide mass emissions.

(II) If a unit is not subject to 40 CFR part 75 under a requirement 

separate from the WEB Trading Program, a unit shall use one of the following monitoring 

methods, as applicable:

(1.) A continuous emission monitoring system (CEMS) for 

sulfur dioxide and flow that complies with all applicable monitoring provisions in 40 CFR part 

75;

(2.) If the unit is a gas- or oil-fired combustion device, the 

excepted monitoring methodology in Appendix D to 40 CFR part 75, or, if applicable, the low 

mass emissions (LME) provisions (with respect to sulfur dioxide mass emissions only) of section 

75.19 of 40 CFR part 75;

(3.) One of the optional WEB protocols, if applicable, in 

Appendix A to Chapter 14; or

(4.) A petition for site-specific monitoring that the source 

submits for approval by the State of Wyoming and approval by the U.S. Environmental 

Protection Agency in accordance with Section 2(h)(ix) of this Chapter (relating to petitions).

(III) A permanently retired unit shall not be required to monitor 

under this Section if such unit was permanently retired and had no emissions for the entire period 

and the account representative certifies in accordance with Section 2(k)(ii) of this Chapter that 

these conditions were met. In the event that a permanently retired unit recommences operation, 

the WEB source shall meet the requirements of this Section 2(h) in the same manner as if the 

unit was a new unit.
14-16

(B) Notwithstanding paragraph (A) of this Section, the WEB source with 

a unit that meets one of the conditions of paragraph (B)(I) may submit a request to the 

Department to have the provisions of this paragraph (B) apply to that unit.

(I) Any of the following units may implement this paragraph (B):

(1.) Any smelting operation where all of the emissions 

from the operation are not ducted to a stack;

(2.) Any flare, except to the extent such flares are used as a 

fuel gas combustion device at a petroleum refinery; or

(3.) Any other type of unit without add-on sulfur dioxide 

control equipment if the unit belongs to one of the following source categories: cement kilns, 

pulp and paper recovery furnaces, lime kilns, or glass manufacturing.

(II) For each unit covered by this paragraph (B), the account 

representative shall submit a notice to request that this paragraph (B) apply to one or more sulfur 

dioxide emitting units at a WEB source. The notice shall be submitted in accordance with the 

compliance dates specified in Section 2(h)(vi)(A) of this Chapter, and shall include the following 

information in a format specified by the State of Wyoming with such additional, related 

information as may be requested:

(1.) A list of all units at the WEB source that identifies 

which of the units are to be covered by this paragraph (B); and

(2.) An identification of any such units that are 

permanently retired.

(III) For each new unit at an existing WEB source for which the 

WEB source seeks to comply with this paragraph (B) and for which the account representative 

applies for an allocation under the new source set-aside provisions of Section 2(f)(vi) of this 

Chapter, the account representative shall submit a modified notice under paragraph (B)(II) that 

includes such new sulfur dioxide emitting unit(s). The modified request shall be submitted in 

accordance with the compliance dates in Section 2(h)(vi)(A) of this Chapter, but no later than the 

date on which a request is submitted under Section 2(f)(vi) of this Chapter for allocations from 

the set-aside.

(IV) The account representative for a WEB source shall submit an 

annual emissions statement for each unit under this paragraph (B) in accordance with Section 

2(h)(viii) of this Chapter. The WEB source shall maintain operating records sufficient to 

estimate annual emissions in a manner consistent with emission inventory submitted by the 

source for calendar year 1998. In addition, if the estimated emissions from all such units at the 

WEB source are greater than the allowances for the current control year held in the special 

reserve compliance account for the WEB source, the account representative shall report the 

excess amount as part of the annual report for the WEB source under Section 2(k) of this Chapter 
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and be required to use other allowances in the standard compliance account for the WEB source 

to account for such emissions, in accordance with Section 2(k) of this Chapter.

(V) Section 2(h) shall not apply to units covered by this paragraph 

except where otherwise noted.

(VI) A WEB source may opt to modify the monitoring for a sulfur 

dioxide emitting unit to use monitoring under Section 2(h)(i)(A) of this Chapter, but any such 

monitoring change must take effect on January 1 of the next compliance year. In addition, the 

account representative must submit an initial monitoring plan at least 180 days prior to the date 

on which the new monitoring will take effect and a detailed monitoring plan in accordance with 

Section 2(h)(ii) of this Chapter. The account representative shall also submit a revised notice 

under paragraph (B)(II) at the same time that the initial monitoring plan is submitted.

(C) For any monitoring that the WEB source uses under this Section 

(including paragraph (B)), the WEB source (and, as applicable, the account representative) shall 

implement, certify, and use such monitoring in accordance with this Section, and record and 

report the data from such monitoring as required in this Section. In addition, the WEB source 

(and, as applicable, the account representative) may not:

(I) Except for an alternative approved by the U.S. EPA 

Administrator for a WEB source that implements monitoring under Section 2(h)(i)(A)(I), use an 

alternative monitoring system, alternative reference method or another alternative for the 

required monitoring method without having obtained prior written approval in accordance with 

Section 2(h)(ix) of this Chapter (relating to petitions);

(II) Operate a sulfur dioxide emitting unit so as to discharge, or 

allow to be discharged, sulfur dioxide emissions to the atmosphere without accounting for these 

emissions in accordance with the applicable provisions of this Section;

(III) Disrupt the approved monitoring method or any portion 

thereof, and thereby avoid monitoring and recording sulfur dioxide mass emissions discharged 

into the atmosphere, except for periods of recertification or periods when calibration, quality 

assurance testing or maintenance is performed in accordance with the applicable provisions of 

this Section; or

(IV) Retire or permanently discontinue use of an approved 

monitoring method, except under one of the following circumstances:

(1.) During a period when the unit is exempt from the 

requirements of this Section, including retirement of a unit as addressed in Section 

2(h)(i)(A)(III);

(2.) The WEB source is monitoring emissions from the 

unit with another certified monitoring method approved under this Section for use at the unit that 

provides data for the same parameter as the retired or discontinued monitoring method; or
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(3.) The account representative submits notification of the 

date of certification testing of a replacement monitoring system in accordance with this Section, 

and the WEB source recertifies thereafter a replacement monitoring system in accordance with 

the applicable provisions of this Section.

(ii) Monitoring Plan.

(A) General Provisions. A WEB source with a sulfur dioxide emitting

unit that uses a monitoring method under Section 2(h)(i)(A)(II) of this Chapter shall meet the 

following requirements:

(I) Prepare and submit to the State of Wyoming an initial 

monitoring plan for each monitoring method that the WEB source uses to comply with this 

Section. In accordance with paragraph 2(h)(ii)(C) of this Chapter, the plan shall contain 

sufficient information on the units involved, the applicable method, and the use of data derived 

from that method to demonstrate that all unit sulfur dioxide emissions are monitored and 

reported. The plan shall be submitted in accordance with the compliance deadlines specified in 

Section 2(h)(vi) of this Chapter.

(II) Prepare, maintain and submit to the State of Wyoming a 

detailed monitoring plan prior to the first day of certification testing in accordance with the 

compliance deadline specified in Section 2(h)(vi) of this Chapter. The plan will contain the 

applicable information required by Section 2(h)(ii)(D) of this Chapter. The State of Wyoming 

may require that the monitoring plan (or portions thereof) be submitted electronically. The State 

of Wyoming also may require that the plan be submitted on an ongoing basis in electronic format 

as part of the quarterly report submitted under Section 2(h)(viii)(A) of this Chapter or 

resubmitted separately after any change is made to the plan in accordance with the following 

paragraph (A)(III).

(III) Whenever the WEB source makes a replacement, 

modification, or change in one of the systems or methodologies provided for in Section 

2(h)(i)(A)(II) of this Chapter, including a change in the automated data acquisition and handling 

system or in the flue gas handling system, that affects information reported in the monitoring 

plan (e.g., a change to serial number for a component of a monitoring system), then the WEB 

source shall update the monitoring plan in accordance with the compliance deadline specified in 

Section 2(h)(vi) of this Chapter.

(B) A WEB source with a sulfur dioxide emitting unit that uses a method 

under Section 2(h)(i)(A)(I) of this Chapter (a unit subject to 40 CFR part 75 under a program 

other than this WEB Trading Program) shall meet the requirements of Section 2(h)(ii)(A)-(F) by 

preparing, maintaining and submitting a monitoring plan in accordance with the requirements of 

40 CFR part 75. If requested, the WEB source also shall submit the entire monitoring plan to the 

State of Wyoming.
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(C) Initial Monitoring Plan. The account representative shall submit an 

initial monitoring plan for each sulfur dioxide emitting unit (or group of units sharing a common 

methodology) that, except as otherwise specified in an applicable provision in Appendix A, 

contains the following information:

(I) For all sulfur dioxide emitting units:

(1.) Plant name and location;

(2.) Plant and unit identification numbers assigned by the 

State of Wyoming;

(3.) Type of unit (or units for a group of units using a 

common monitoring methodology);

(4.) Identification of all stacks or pipes associated with the 

monitoring plan;

(5.) Types of fuel(s) fired (or sulfur containing process 

materials used in the sulfur dioxide emitting unit), and the fuel classification of the unit if 

combusting more than one type of fuel and using a 40 CFR part 75 methodology;

(6.) Type(s) of emissions controls for sulfur dioxide 

installed or to be installed, including specifications of whether such controls are pre-combustion, 

post-combustion, or integral to the combustion process;

(7.) Maximum hourly heat input capacity, or process 

throughput capacity, if applicable;

(8.) Identification of all units using a common stack; and

(9.) Indicator of whether any stack identified in the plan is 

a bypass stack.

(II) For each unit and parameter required to be monitored, 

identification of monitoring methodology information, consisting of monitoring methodology, 

monitor locations, substitute data approach for the methodology, and general identification of 

quality assurance procedures. If the proposed methodology is a site-specific methodology 

submitted pursuant to Section 2(h)(i)(A)(II)(4.) of this Chapter, the description under this 

paragraph shall describe fully all aspects of the monitoring equipment, installation locations, 

operating characteristics, certification testing, ongoing quality assurance and maintenance 

procedures, and substitute data procedures.

(III) If the WEB source intends to petition for a change to any 

specific monitoring requirement otherwise required under this Section, such petition may be 

submitted as part of the initial monitoring plan.
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(IV) The State of Wyoming may issue a notice of approval or 

disapproval of the initial monitoring plan based on the compliance of the proposed methodology 

with the requirements for monitoring in this Section.

(D) Detailed Monitoring Plan. The account representative shall submit a 

detailed monitoring plan that, except as otherwise specified in an applicable provision in 

Appendix A, shall contain the following information:

(I) Identification and description of each monitoring component 

(including each monitor and its identifiable components, such as analyzer or probe) in a CEMS 

(e.g., sulfur dioxide pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR 

part 75, Appendix D monitoring system (e.g., fuel flowmeter, data acquisition and handling 

system), or a protocol in Appendix A, including:

(1.) Manufacturer, model number and serial number;

(2.) Component or system identification code assigned by 

the facility to each identifiable monitoring component, such as the analyzer or probe;

(3.) Designation of the component type and method of 

sample acquisition or operation (e.g., in situ pollutant concentration monitor or thermal flow 

monitor);

(4.) Designation of the system as a primary or backup 

system;

(5.) First and last dates the system reported data;

(6.) Status of the monitoring component; and

(7.) Parameter monitored.

(II) Identification and description of all major hardware and 

software components of the automated data acquisition and handling system, including:

(1.) Hardware components that perform emission 

calculations or store data for quarterly reporting purposes (provide the manufacturer and model 

number); and

(2.) Software components (provide the identification of the 

provider and model or version number).

(III) Explicit formulas for each measured emissions parameter, 

using component or system identification codes for the monitoring system used to measure the 

parameter that links the system observations with the reported concentrations and mass 
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emissions. The formulas must contain all constants and factors required to derive mass 

emissions from component or system code observations and an indication of whether the formula 

is being added, corrected, deleted, or is unchanged. The WEB source with a low mass emissions 

unit for which the WEB source is using the optional low mass emissions excepted methodology 

in section 75.19(c) of 40 CFR part 75 is not required to report such formulas.

(IV) Inside cross-sectional area (ft2) at flow monitoring location 

(for units with flow monitors only).

(V) If using CEMS for sulfur dioxide and flow, for each parameter 

monitored: scale, maximum potential concentration (and method of calculation), maximum 

expected concentration (if applicable) (and method of calculation), maximum potential flow rate 

(and method of calculations), span value, full-scale range, daily calibration units of measure, 

span effective date and hour, span inactivation date and hour, indication of whether dual spans 

are required, default high range value, flow rate span, and flow rate span value and full scale 

value (in standard cubic feet per hour) for each unit or stack using sulfur dioxide or flow 

component monitors.

(VI) If the monitoring system or excepted methodology provides 

for use of a constant, assumed, or default value for a parameter under specific circumstances, 

then include the following information for each value of such parameter:

(1.) Identification of the parameter;

(2.) Default, maximum, minimum, or constant value, and 

units of measure for the value;

(3.) Purpose of the value;

(4.) Indicator of use during controlled or uncontrolled 

hours;

(5.) Types of fuel;

(6.) Source of the value;

(7.) Value effective date and hour;

(8.) Date and hour value is no longer effective (if 

applicable); and

(9.) For units using the excepted methodology under 

section 75.19 of 40 CFR part 75, the applicable sulfur dioxide emission factor.

(VII) Unless otherwise specified in section 6.5.2.1 of Appendix A 

to 40 CFR part 75, for each unit or common stack on which hardware CEMS are installed:
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(1.) The upper and lower boundaries of the range of 

operation (as defined in section 6.5.2.1 of Appendix A to 40 CFR part 75), or thousand of 

pounds per hour (lb/hr) of steam, or feet per second (ft/sec) (as applicable);

(2.) The load or operating level(s) designated as normal in 

section 6.5.2.1 of Appendix A to 40 CFR part 75, or thousands of lb/hr of steam, or ft/sec (as 

applicable);

(3.) The two load or operating levels (i.e., low, mid, or 

high) identified in section 6.5.2.1 of Appendix A to 40 CFR part 75 as the most frequently used;

(4.) The date of the data analysis used to determine the 

normal load (or operating) level(s) and the two most frequently-used load (or operating) levels; 

and

(5.) Activation and deactivation dates when the normal 

load or operating level(s) change and are updated.

(VIII) For each unit that is complying with 40 CFR part 75 for 

which the optional fuel flow-to-load test in section 2.1.7 of Appendix D to 40 CFR part 75 is 

used:

(1.) The upper and lower boundaries of the range of 

operation (as defined in section 6.5.2.1 of Appendix A to 40 CFR part 75), expressed in 

thousands of lb/hr of steam;

(2.) The load level designated as normal, pursuant to 

section 6.5.2.1 of Appendix A to 40 CFR part 75, expressed in thousands of lb/hr of steam; and

(3.) The date of the load analysis used to determine the 

normal load level.

(IX) Information related to quality assurance testing, including (as 

applicable): identification of the test strategy; protocol for the relative accuracy test audit; other 

relevant test information; calibration gas levels (percent of span) for the calibration error test and 

linearity check; calculations for determining maximum potential concentration, maximum 

expected concentration (if applicable), maximum potential flow rate, and span;

(X) If applicable, apportionment strategies under sections 75.10 

through 75.18 of 40 CFR part 75.

(XI) Description of site locations for each monitoring component 

in a monitoring system, including schematic diagrams and engineering drawings and any other 

documentation that demonstrates each monitor location meets the appropriate siting criteria. For 

units monitored by a continuous emission monitoring system, diagrams shall include:
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(1.) A schematic diagram identifying entire gas handling 

system from unit to stack for all units, using identification numbers for units, monitor 

components, and stacks corresponding to the identification numbers provided in the initial 

monitoring plan and paragraphs (D)(I) and (III). The schematic diagram must depict the height 

of any monitor locations. Comprehensive or separate schematic diagrams shall be used to 

describe groups of units using a common stack.

(2.) Stack and duct engineering diagrams showing the 

dimensions and locations of fans, turning vanes, air preheaters, monitor components, probes, 

reference method sampling ports, and other equipment that affects the monitoring system 

location, performance, or quality control checks.

(XII) A data flow diagram denoting the complete information 

handling path from output signals of CEMS components to final reports.

(E) In addition to supplying the information in paragraphs (C) and (D) 

above, the WEB source with a sulfur dioxide emitting unit using either of the methodologies in 

paragraph (h)(i)(A)(II)(2.) of this Section shall include the following information in its 

monitoring plan for the specific situations described:

(I) For each gas-fired or oil-fired sulfur dioxide emitting unit for 

which the WEB source uses the optional protocol in Appendix D to 40 CFR part 75 for sulfur 

dioxide mass emissions, the WEB source shall include the following information in the 

monitoring plan:

(1.) Parameter monitored;

(2.) Type of fuel measured, maximum fuel flow rate, units 

of measure, and basis of maximum fuel flow rate (i.e., upper range value or unit maximum) for 

each fuel flowmeter;

(3.) Test method used to check the accuracy of each fuel 

flowmeter;

(4.) Submission status of the data;

(5.) Monitoring system identification code;

(6.) The method used to demonstrate that the unit qualifies 

for monthly gross calorific value (GCV) sampling or for daily or annual fuel sampling for sulfur 

content, as applicable;

(7.) A schematic diagram identifying the relationship 

between the unit, all fuel supply lines, the fuel flowmeter(s), and the stack(s). The schematic 

diagram must depict the installation location of each fuel flowmeter and the fuel sampling 
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location(s). Comprehensive or separate schematic diagrams shall be used to describe groups of 

units using a common pipe;

(8.) For units using the optional default sulfur dioxide 

emission rate for “pipeline natural gas” or “natural gas” in Appendix D to 40 CFR part 75, the 

information on the sulfur content of the gaseous fuel used to demonstrate compliance with either 

section 2.3.1.4 or 2.3.2.4 of appendix D to 40 CFR part 75;

(9.) For units using the 720 hour test under section 2.3.6 of 

Appendix D to 40 CFR part 75 to determine the required sulfur sampling requirements, report 

the procedures and results of the test; and

(10.) For units using the 720 hour test under section 2.3.5 

of Appendix D to 40 CFR part 75 to determine the appropriate fuel GCV sampling frequency, 

report the procedures used and the results of the test.

(II) For each sulfur dioxide emitting unit for which the WEB 

source uses the low mass emission excepted methodology of section 75.19 to 40 CFR part 75, 

the WEB source shall include the following information in the monitoring plan that accompanies 

the initial certification application:

(1.) The results of the analysis performed to qualify as a 

low mass emissions unit under section 75.19(c) to 40 CFR part 75. This report will include 

either the previous three years actual or projected emissions. The following items should be 

included:

a. Current calendar year of application;

b. Type of qualification;

c. Years one, two, and three;

d. Annual measured, estimated or projected sulfur 

dioxide mass emissions for years one, two, and three; and

e. Annual operating hours for years one, two, and 

three.

(2.) A schematic diagram identifying the relationship 

between the unit, all fuel supply lines and tanks, any fuel flowmeter(s), and the stack(s). 

Comprehensive or separate schematic diagrams shall be used to describe groups of units using a 

common pipe;

(3.) For units which use the long-term fuel flow 

methodology under section 75.19(c)(3) to 40 CFR part 75, a diagram of the fuel flow to each unit 
14-25

or group of units and a detailed description of the procedures used to determine the long-term 

fuel flow for a unit or group of units for each fuel combusted by the unit or group of units;

(4.) A statement that the unit burns only gaseous fuel(s) or 

fuel oil and a list of the fuels that are burned or a statement that the unit is projected to burn only 

gaseous fuel(s) or fuel oil and a list of the fuels that are projected to be burned;

(5.) A statement that the unit meets the applicability 

requirements in sections 75.19(a) and (b) to 40 CFR part 75 with respect to sulfur dioxide 

emissions; and

(6.) Any unit historical actual, estimated and projected 

sulfur dioxide emissions data and calculated sulfur dioxide emissions data demonstrating that the 

unit qualifies as a low mass emissions unit under sections 75.19(a) and (b) to 40 CFR part 75.

(III) For each gas-fired unit the WEB source shall include the 

following in the monitoring plan: current calendar year, fuel usage data as specified in the 

definition of gas-fired in section 72.2 of 40 CFR part 72, and an indication of whether the data 

are actual or projected data.

(F) The specific elements of a monitoring plan under this Section 2(h)(ii) 

shall not be part of an operating permit for a WEB source issued in accordance with Title V of 

the Clean Air Act, and modifications to the elements of the plan shall not require a permit 

modification.

(iii) Certification and Recertification.

(A) All monitoring systems are subject to initial certification and 

recertification testing as specified in 40 CFR part 75 or Appendix A to Chapter 14, as applicable. 

Certification or recertification of a monitoring system by the U.S. Environmental Protection 

Agency for a WEB source that is subject to 40 CFR part 75 under a requirement separate from 

this Rule shall constitute certification under the WEB Trading Program.

(B) The WEB source with a sulfur dioxide emitting unit not otherwise 

subject to 40 CFR part 75 that monitors sulfur dioxide mass emissions in accordance with 40 

CFR part 75 to satisfy the requirements of this Section shall perform all of the tests required by 

that regulation and shall submit the following:

(I) A test notice, not later than 21 days before the certification 

testing of the monitoring system, provided that the State of Wyoming may establish additional 

requirements for adjusting test dates after this notice as part of the approval of the initial 

monitoring plan under Section 2(h)(ii)(C) of this Chapter; and

(II) An initial certification application within 45 days after testing 

is complete.
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(C) A monitoring system will be considered provisionally certified while 

the application is pending, and the system shall be deemed certified if the State of Wyoming 

does not approve or disapprove the system within six months after the date on which the 

application is submitted.

(D) Whenever an audit of any monitoring certified under this Rule, and a 

review of the initial certification or recertification application, reveal that any system or 

component should not have been certified or recertified because it did not meet a particular 

performance specification or other requirement of Chapter 14, both at the time of the initial 

certification or recertification application submission and at the time of the audit, the State of 

Wyoming will issue a notice of disapproval of the certification status of such system or 

component. For the purposes of this paragraph, an audit shall be either a field audit of the 

facility or an audit of any information submitted to the State of Wyoming regarding the facility. 

By issuing the notice of disapproval, the certification status is revoked prospectively, and the 

data measured and recorded shall not be considered valid quality-assured data from the date of 

issuance of the notification of the revoked certification status until the date and time that the 

WEB source completes subsequently approved initial certification or recertification tests in 

accordance with the procedures in this Section 2(h)(iii). The WEB source shall apply the 

substitute data procedures in Section 2(h)(v)(B) of this Chapter to replace, prospectively, all of 

the invalid, non-quality-assured data for each disapproved system or component.

(iv) Ongoing Quality Assurance and Quality Control.

The WEB source shall satisfy the applicable quality assurance and quality control 

requirements of part 75 or, if the WEB source is subject to a WEB protocol in Appendix A, the 

applicable quality assurance and quality control requirements in Appendix A on and after the 

date that certification testing commences.

(v) Substitute Data Procedures.

(A) For any period after certification testing is complete in which quality 

assured, valid data are not being recorded by a monitoring system certified and operating in 

accordance with Chapter 14, missing or invalid data shall be replaced with substitute data in 

accordance with 40 CFR part 75 or, if the WEB source is subject to a WEB protocol in Appendix 

A, with substitute data in accordance with Appendix A.

(B) For a sulfur dioxide emitting unit that does not have a certified (or 

provisionally certified) monitoring system in place as of the beginning of the first control period 

for which the unit is subject to the WEB Trading Program, the WEB source shall:

(I) If the WEB source will use a CEMS to comply with this 

Section, substitute the maximum potential concentration of sulfur dioxide for the unit and the 

maximum potential flow rate, as determined in accordance with 40 CFR part 75. The procedures 

for conditional data validation under section 75.20(b)(3) may be used for any monitoring system 

under Chapter 14 that uses these 40 CFR part 75 procedures, as applicable;
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(II) If the WEB source will use the 40 CFR part 75 Appendix D 

methodology, substitute the maximum potential sulfur content, density or gross calorific value 

for the fuel and the maximum potential fuel flow rate, in accordance with section 2.4 of 

Appendix D to 40 CFR part 75;

(III) If the WEB source will use the 40 CFR part 75 methodology 

for low mass emissions units, substitute the sulfur dioxide emission factor required for the unit as 

specified in 40 CFR 75.19 and the maximum rated hourly heat input, as defined in 40 CFR 72.2; 

or

(IV) If using a protocol in Appendix A to Chapter 14, follow the 

procedures in the applicable protocol.

(vi) Compliance Deadlines.

(A) The initial monitoring plan shall be submitted by the following dates:

(I) For each source that is a WEB source on or before the program 

trigger date, the monitoring plan shall be submitted 180 days after such program trigger date.

(II) For any existing source that becomes a WEB source after the 

program trigger date, the monitoring plan shall be submitted by September 30 of the year 

following the inventory year in which the source exceeded the emissions threshold.

(III) For any new WEB source, the monitoring plan shall be 

included with the permit application for a Chapter 6, Section 2 permit.

(B) A detailed monitoring plan under Section 2(h)(ii)(B) shall be 

submitted no later than 45 days prior to commencing certification testing in accordance with the 

following paragraph (C). Modifications to monitoring plans shall be submitted within 90 days of 

implementing revised monitoring plans.

(C) Emission monitoring systems shall be installed, operational and shall 

have met all of the certification testing requirements of this Section 2(h) (including any 

referenced in Appendix A) by the following dates:

(I) For each source that is a WEB source on or before the program 

trigger date, two years prior to the start of the first control period as described in Section 2(k) of 

this Chapter.

(II) For any existing source that becomes a WEB source after the 

program trigger date, one year after the due date for the monitoring plan under Section 

2(h)(vi)(A)(II) of this Chapter.
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(III) For any new WEB source (or any new unit at a WEB source 

under paragraphs (C)(I) or (C)(2)), the earlier of 90 unit operating days or 180 calendar days 

after the date the new source commences operation.

(D) The WEB source shall submit test notices and certification 

applications in accordance with the deadlines set forth in Section 2(h)(iv)(B).

(E) For each applicable control period, the WEB source shall submit each 

quarterly report under Section 2(h)(viii) by no later than 30 days after the end of each calendar 

quarter and shall submit the annual report under Section 2(h)(viii) no later than 60 days after the 

end of each calendar year.

(vii) Recordkeeping.

(A) The WEB source shall keep copies of all reports, registration 

materials, compliance certifications, sulfur dioxide emissions data, quality assurance data, and 

other submissions under Chapter 14 for a period of five years. In addition, the WEB source shall 

keep a copy of all Certificates for the duration of this program. Unless otherwise requested by 

the WEB source and approved by the State of Wyoming, the copies shall be kept on site.

(B) The WEB source shall keep records of all operating hours, quality 

assurance activities, fuel sampling measurements, hourly averages for sulfur dioxide, stack flow, 

fuel flow, or other continuous measurements, as applicable, and any other applicable data 

elements specified in this Section or in Appendix A to Chapter 14. The WEB source shall 

maintain the applicable records specified in 40 CFR part 75 for any sulfur dioxide emitting unit 

that uses a part 75 monitoring method to meet the requirements of this Section.

(viii) Reporting.

(A) Quarterly Reports. For each sulfur dioxide emitting unit, the account 

representative shall submit a quarterly report within thirty (30) days after the end of each 

calendar quarter. The report shall be in a format specified by the State of Wyoming to include 

hourly and quality assurance activity information and shall be submitted in a manner compatible 

with the emissions tracking database designed for the WEB Trading Program. If the WEB 

source submits a quarterly report under 40 CFR part 75 to the U.S. EPA Administrator, no 

additional report under this paragraph (A) shall be required. The State of Wyoming will require 

that a copy of that report (or a separate statement of quarterly and cumulative annual sulfur 

dioxide mass emissions) be submitted separately to the State of Wyoming.

(B) Annual Report. Based on the quarterly reports, each WEB source 

shall submit an annual statement of total annual sulfur dioxide emissions for all sulfur dioxide 

emitting units at the source. The annual report shall identify total emissions for all units 

monitored in accordance with Section 2(h)(i)(A) of this Chapter and the total emissions for all 

units with emissions estimated in accordance with Section 2(h)(i)(B) of this Chapter. The annual 

report shall be submitted within 60 days after the end of a control period.
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(C) If the State of Wyoming so directs, any monitoring plan, report, 

certification, recertification, or emissions data required to be submitted under this Section shall 

be submitted to the TSA.

(D) The State of Wyoming may review and reject any report submitted 

under this Section 2(h)(viii) that contains errors or fails to satisfy the requirements of this 

Section, and the account representative shall resubmit the report to correct any deficiencies.

(ix) Petitions.

(A) A WEB source may petition for an alternative to any requirement 

specified in Section 2(h)(i)(A)(II). The petition shall require approval of the State of Wyoming 

and the U.S. EPA Administrator. Any petition submitted under this paragraph shall include 

sufficient information for the evaluation of the petition, including, at a minimum, the following 

information:

(I) Identification of the WEB source and applicable sulfur dioxide 

emitting unit(s);

(II) A detailed explanation of why the proposed alternative is 

being suggested in lieu of the requirement;

(III) A description and diagram of any equipment and procedures 

used in the proposed alternative, if applicable;

(IV) A demonstration that the proposed alternative is consistent 

with the purposes of the requirement for which the alternative is proposed, is consistent with the 

purposes of Chapter 14 and that any adverse effect of approving such alternative will be de 

minimis; and

(V) Any other relevant information that the State of Wyoming 

may require.

(x) Consistency of Identifying Information.

For any monitoring plans, reports, or other information submitted under Section 

2(h) of this Chapter, the WEB source shall ensure that, where applicable, identifying information 

is consistent with the identifying information provided in the most recent Certificate for the 

WEB source submitted under Section 2(d) of this Chapter.

(i) Allowance Transfers.

(i) Procedure. To transfer allowances, the account representative shall submit the 

following information to the TSA:

(A) The transfer account number(s) identifying the transferor account;
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(B) The transfer account number(s) identifying the transferee account;

(C) The serial number of each allowance to be transferred; and

(D) The transferor’s account representative’s name and signature and date

of submission.

(ii) Allowance Transfer Deadline. The allowance transfer deadline is midnight 

Pacific Standard Time on March 1 of each year (or if this date is not a business day, midnight of 

the first business day thereafter) following the end of the control period. By this time, the transfer 

of the allowances into the WEB source’s compliance account must be correctly submitted to the 

TSA in order to demonstrate compliance under Section 2(k) of this Chapter for that control 

period.

(iii) Retirement of Allowances. To permanently retire allowances, the account 

representative shall submit the following information to the TSA:

(A) The transfer account number(s) identifying the transferor account;

(B) The serial number of each allowance to be retired; and

(C) The transferor’s account representative’s name and signature and date 

of submission accompanied by a signed statement acknowledging that each retired allowance is 

no longer available for future transfers from or to any account.

(j) Use of Allowances from a Previous Year.

(i) Any allowance that is held in a compliance account or general account will 

remain in such an account unless and until the allowance is deducted in conjunction with the 

compliance process, or transferred to another account.

(ii) In order to demonstrate compliance under Section 2(k)(i) of this Chapter for a 

control period, WEB sources shall only use allowances allocated for that current control period 

or any previous year. Because all allowances held in a special reserve compliance account for a 

WEB source that monitors certain units in accordance with Section 2(h)(i)(B) of this Chapter 

will be deducted for compliance for each control period, no banking of such allowances for use 

in a subsequent year is permitted by Chapter 14.

(iii) If flow control procedures for the current control period have been triggered 

as outlined in Part C4.2 of Section C of the WYRHSIP, then the use of allowances that were 

allocated for any previous year will be limited as follows:

(A) The number of allowances that are held in each compliance account 

and general account as of the allowance transfer deadline for the immediately previous year and 

that were allocated for any previous year will be determined.
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(B) The number determined in (A) will be multiplied by the flow control 

ratio established in accordance with Part C4.2(b)(1) of Section C of the WYRHSIP to determine 

the number of allowances that were allocated for a previous year that can be used without 

restriction for the current control period.

(C) Allowances that were allocated for a previous year in excess of the 

number determined in (B) may also be used for the current control period. If such allowances 

are used to make a deduction, two allowances must be deducted for each deduction of one 

allowance required under Section 2(k) of this Chapter.

(iv) Special provisions for the year 2018. After compliance with the 2017 

allowance limitation has been determined in accordance with Section 2(k)(i) of this Chapter, 

allowances allocated for any year prior to 2018 shall not be used for determining compliance 

with the 2018 allowance limitation or any future allowance limitation.

(k) Compliance.

(i) Compliance with Allowance Limitations.

(A) The WEB source must hold allowances, in accordance with Section 

2(k)(i)(B) and (C) below and Section 2(j) of this Chapter, as of the allowance transfer deadline in 

the WEB source’s compliance account (together with any current control year allowances held in 

the WEB source’s special reserve compliance account under Section 2(h)(i)(B) of this Chapter) 

in an amount not less than the total sulfur dioxide emissions for the control period from the WEB 

source, as determined under the monitoring and reporting requirements of Section 2(h) of this 

Chapter.

(I) For each source that is a WEB source on or before the program 

trigger date, the first control period is the calendar year that is six (6) years following the 

calendar year for which sulfur dioxide emissions exceeded the milestone in accordance with 

procedures in Part A3 of Section C of the WYRHSIP.

(II) For any existing source that becomes a WEB source after the 

program trigger date, the first control period is the calendar year that is four (4) years following 

the inventory year in which the source exceeded the sulfur dioxide emissions threshold.

(III) For any new WEB source after the program trigger date the 

first control period is the first full calendar year that the source is in operation.

(IV) If the WEB Trading Program is triggered in accordance with 

the 2013 review procedures in Part A4 of Section C of the WYRHSIP, the first control period for 

each source that is a WEB source on or before the program trigger date is the year 2018.

(B) Allowance transfer deadline. An allowance may only be deducted 

from the WEB source’s compliance account if:
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(I) The allowance was allocated for the current control period or 

meets the requirements in Section 2(j) of this Chapter for use of allowances from a previous 

control period, and

(II) The allowance was held in the WEB source’s compliance 

account as of the allowance transfer deadline for the current control period, or was transferred 

into the compliance account by an allowance transfer correctly submitted for recording by the 

allowance transfer deadline for the current control period.

(C) Compliance with allowance limitations shall be determined as 

follows:

(I) The total annual sulfur dioxide emissions for all sulfur dioxide 

emitting units at the source that are monitored under Section 2(h)(i)(B) of this Chapter, as 

reported by the source in Section 2(h)(viii)(B) or (D) of this Chapter, and recorded in the 

emissions tracking database shall be compared to the allowances held in the source’s special 

reserve compliance account as of the allowance transfer deadline for the current control period, 

adjusted in accordance with Section 2(j) of this Chapter. If the emissions are equal to or less 

than the allowances in such account, all such allowances shall be retired to satisfy the obligation 

to hold allowances for such emissions. If the total emissions from such units exceed the 

allowances in such special reserve account, the WEB source shall account for such excess 

emissions in the following paragraph (II).

(II) The total annual sulfur dioxide emissions for all sulfur dioxide 

emitting units at the source that are monitored under Section 2(h)(i)(A) of this Chapter, as 

reported by the source in Section 2(h)(viii)(B) or (D) of this Chapter, and recorded in the 

emissions tracking database, together with any excess emissions as calculated in the preceding 

paragraph (I), shall be compared to the allowances held in the source’s compliance account as of 

the allowance transfer deadline for the current control period, adjusted in accordance with 

Section 2(j) of this Chapter.

(III) If the comparison in Section 2(k)(i)(C)(II) results in 

emissions that exceed the allowances held in the source’s compliance account, the source has 

exceeded its allowance limitation and the excess emissions are subject to the allowance 

deduction penalty in Section 2(k)(iii).

(D) Other than allowances in a special reserve compliance account for 

units monitored under Section 2(h)(i)(B) of this Chapter, to the extent consistent with Section 

2(j) of this Chapter, allowances shall be deducted for a WEB source for compliance with the 

allowance limitation as directed by the WEB source’s account representative. Deduction of any 

other allowances as necessary for compliance with the allowance limitation shall be on a first-in, 

first-out accounting basis in the order of the date and time of their recording in the WEB source’s 

compliance account, beginning with the allowances allocated to the WEB source and continuing 

with the allowances transferred to the WEB source’s compliance account from another 

compliance account or general account. The allowances held in a special reserve compliance 
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account pursuant to Section 2(h)(i)(B) of this Chapter shall be deducted as specified in paragraph 

(C)(I) of this Section 2(k).

(ii) Certification of Compliance.

(A) For each control period in which a WEB source is subject to the 

allowance limitation, the account representative of the source shall submit to the Department a 

compliance certification report for the source.

(B) The compliance certification report shall be submitted no later than 

the allowance transfer deadline of each control period, and shall contain the following:

(I) Identification of each WEB source;

(II) At the account representative’s option, the serial numbers of 

the allowances that are to be deducted from a source’s compliance account for compliance with 

the allowance limitation; and

(III) The compliance certification report according to subpart (C) 

of this section.

(C) In the compliance certification report, the account representative shall 

certify, based on reasonable inquiry of those persons with primary responsibility for operating 

the WEB source in compliance with the WEB Trading Program, whether the WEB source for 

which the compliance certification is submitted was operated during the control period covered 

by the report in compliance with the requirements of the WEB Trading Program applicable to the 

source including:

(I) Whether the WEB source operated in compliance with the 

sulfur dioxide allowance limitation;

(II) Whether sulfur dioxide emissions data has been submitted to 

the Department in accordance with Section 2(h)(viii) of this Chapter and other applicable 

guidance, for review, revision as necessary, and finalization for forwarding to the sulfur dioxide

Allowance Tracking System for recording;

(III) Whether the monitoring plan that governs the WEB source 

has been maintained to reflect the actual operation and monitoring of the source, and contains all 

information necessary to attribute sulfur dioxide emissions to the source, in accordance with 

Section 2(h)(i) of this Chapter;

(IV) Whether all the sulfur dioxide emissions from the WEB 

source if applicable, were monitored or accounted for either through the applicable monitoring or 

through application of the appropriate missing data procedures;
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(V) If applicable, whether any sulfur dioxide emitting unit for 

which the WEB source is not required to monitor in accordance with Section 2(h)(i)(A)(III) of 

this Chapter remained permanently retired and had no emissions for the entire applicable period; 

and

(VI) Whether there were any changes in the method of operating 

or monitoring the WEB source that required monitor recertification. If there were any such 

changes, the report must specify the nature, reason, and date of the change, the method to 

determine compliance status subsequent to the change, and specifically, the method to determine 

sulfur dioxide emissions.

(iii) Penalties for any WEB source exceeding its allowance limitations.

(A) Allowance deduction penalty.

(I) If emissions from a WEB source exceed the allowance 

limitation for a control period, as determined in accordance with Section 2(k)(i) of this Chapter, 

the source’s allowances held in its compliance account will be reduced by an amount equal to 

three times the source’s tons of excess emissions. If the compliance account does not have 

sufficient allowances allocated for that control period, the required number of allowances will be 

deducted from the WEB source’s compliance account regardless of the control period for which 

they were allocated, once allowances are recorded in the account.

(II) Any allowance deduction required under Section 2(k)(i)(C) of 

this Chapter shall not affect the liability of the owners and operators of the WEB source for any 

fine, penalty or assessment or their obligation to comply with any other remedy, for the same 

violation, as ordered under the Clean Air Act, implementing regulations or Wyoming Statute 35-

11-901. Accordingly, a violation can be assessed each day of the control period for each ton of 

sulfur dioxide emissions in excess of its allowance limitation, or for each other violation of 

Section 2 of this Chapter.

(iv) Liability.

(A) WEB Source liability for non-compliance. Separate and regardless of 

any allowance deduction penalty, a WEB source that violates any requirement of Chapter 14 is 

subject to civil and criminal penalties under Wyoming Statute 35-11-901. Each day of the 

control period is a separate violation, and each ton of sulfur dioxide emissions in excess of a 

source’s allowance limitation is a separate violation.

(B) General liability.

(I) Any provision of the WEB Trading Program that applies to a 

source or an account representative shall apply also to the owners and operators of such source.

(II) Any person who violates any requirement or prohibition of the 

WEB Trading Program will be subject to enforcement pursuant to Wyoming Statute 35-11-901.
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(III) Any person who knowingly makes a false material statement 

in any record, submission, or report under this WEB Trading Program shall be subject to 

criminal enforcement pursuant to Wyoming Statute 35-11-901.

(l) Special Penalty Provisions for the 2018 Milestone.

(i) If the WEB Trading Program is triggered as outlined in Part A3 of Section C 

of the WYRHSIP, and the first control period will not occur until after the year 2018, the 

following provisions shall apply for the 2018 emissions year.

(A) All WEB sources shall register, and open a compliance account 

within 180 days after the program trigger date, in accordance with Section 2(e)(i) and Section 

2(g) of this Chapter.

(B) The TSA will record the allowances for the 2018 control period for 

each WEB source in the source’s compliance account once the Department allocates the 2018 

allowances under Part A4.4 of Section C of the WYRHSIP.

(C) The allowance transfer deadline is midnight Pacific Standard Time on 

May 31, 2021 (or if this date is not a business day, midnight of the first business day thereafter). 

WEB sources may transfer allowances as provided in Section 2(i)(i) of this Chapter until the 

allowance transfer deadline.

(D) A WEB source must hold allowances allocated for 2018, including 

those transferred into the compliance account by an allowance transfer correctly submitted by the 

allowance transfer deadline, in an amount not less than the WEB source’s total sulfur dioxide 

emissions for 2018. Emissions are determined using the pre-trigger monitoring provisions in 

Part A2.1 of Section C of the WYRHSIP, and Chapter 14, Section 3.

(E) In accordance with Section 2(j)(iv) and 2(l)(i)(D), Wyoming shall 

seek at least the minimum financial penalty of $5,000 per ton of SO2 emissions in excess of the 

WEB source’s allowance limitation.

(I) Any source may resolve its excess emissions violation by 

agreeing to a streamline settlement approach where the source pays a penalty of $5,000 per ton 

or partial ton of excess emissions, and payment is received within 90 calendar days after the 

issuance of a notice of violation.

(II) Any source that does not resolve its excess emissions violation 

in accordance with the streamlined settlement approach in Section 2(l)(i)(E)(I) will be subject to 

civil enforcement action, in which the Department shall seek a financial penalty for the excess 

emissions based on the State’s statutory maximum civil penalties.

(F) Each ton of SO2 emissions in excess of a source’s allowance 

limitation is a separate violation and each day of a control period is a separate violation.
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(ii) The provisions in Section 2(l) of Chapter 14 shall continue to apply for each 

year after the 2018 emission year until:

(A) The first control period under the WEB trading program under 

Section 2(k)(i)(A)(I); or

(B) The Department determines, in accordance with Part A3 of Section C 

of the WYRHSIP, that the 2018 sulfur dioxide milestone has been met.

(iii) Special penalty provisions for the 2018 milestone for 2019 control period 

and each control period thereafter as provided under Section 2(l)(ii) include the following:

(A) For the 2019 control period, the allowance transfer deadline is 

midnight Pacific Standard Time on May 31, 2021 (or if this date is not a business day, midnight 

of the first business day thereafter). WEB sources may transfer allowances as provided in 

Section 2(i)(i) of this Rule until the allowance transfer deadline.

(B) A WEB source must hold allowances allocated for the 2019 control 

period, including those transferred into the compliance account by an allowance transfer 

correctly submitted by the allowance transfer deadline, in an amount not less than the WEB 

source’s total SO2 emissions for the 2019 control period. Emissions are determined using the 

pre-trigger monitoring provisions in Part A2.1 of Section C of the WYRHSIP, and Chapter 14, 

Section 3.

(C) In accordance with Section 2(j)(iv) and 2(i)(i)(D), Wyoming shall 

seek at least the minimum financial penalty of $5,000 per ton of SO2 emissions in excess of the 

WEB source’s allowance limitation.

(I) Any source may resolve its excess emissions violation by 

agreeing to a streamline settlement approach where the source pays a penalty of $5,000 per ton 

or partial ton of excess emissions, and payment is received within 90 calendar days after the 

issuance of a notice of violation.

(II) Any source that does not resolve its excess emissions violation 

in accordance with the streamlined settlement approach in Section 2(l)(i)(E)(I) will be subject to 

civil enforcement action, in which the Department shall seek a financial penalty for the excess 

emissions based on the State’s statutory maximum civil penalties.

(D) Each ton of SO2 emissions in excess of a source’s allowance 

limitation is a separate violation and each day of a control period is a separate violation.

(E) For each control period after 2019 that the special penalty is assessed, 

the dates and deadlines in 2(l)(iii)(A)-(D) above will be adjusted forward by one year.

(m) Integration Into Permits.
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Any WEB source that is not subject to Chapter 6, Section 3 at any time after Chapter 14 

becomes effective must obtain a permit under Chapter 6, Section 2 or modify an existing permit 

issued under Chapter 6, Section 2 that incorporates the requirements of Section 2 of this Chapter.

Section 3. Sulfur dioxide milestone inventory.

(a) Applicability.

(i) Section 3 of this Chapter applies to all stationary sources with actual 

emissions of 100 tons per year or more of sulfur dioxide in calendar year 2000 or any subsequent 

year.

(ii) Except as provided in (iii) and (iv), any source that meets the criteria of (i) 

that emits less than 100 tons per year in any subsequent year shall remain subject to the 

requirements of Section 3 of this Chapter until 2018 or until the first control period under the 

Western Backstop Sulfur Dioxide Trading Program as established in Section 2 of this Chapter, 

whichever is earlier.

(iii) A stationary source that meets the requirements of (i) that has permanently 

ceased operation is exempt from the requirements of Chapter 14.

(b) Annual Sulfur Dioxide Emission Report.

(i) Except as provided in (ii), each source subject to Chapter 14 shall report sulfur 

dioxide emissions by April 15th of each calendar year, in accordance with the schedule cited in 

Section 3(b)(iii), below.

(ii) Each source subject to Chapter 14 that is also subject to 40 CFR part 75 

reporting requirements, shall submit a summary report of annual sulfur dioxide emissions that 

were reported to the Environmental Protection Agency under 40 CFR part 75.

(iii) Each source subject to Chapter 14 shall report emissions for the year 2003 by 

April 15, 2004, and annually thereafter. The inventory shall be submitted in the format specified 

by the Division of Air Quality.

(iv) For the reports cited in (i) and (ii) of this section, each source subject to 

Chapter 14 shall document the emissions monitoring/estimation methodology used to calculate 

their sulfur dioxide emissions, and demonstrate that the selected methodology is acceptable 

under the inventory program.

(v) For the reports cited in (i) and (ii) of this section, each source subject to 

Chapter 14 shall include emissions from start up, shut down, and upset conditions in the annual 

total inventory.
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(vi) For the reports cited in (i) and (ii) of this section, each source subject to 

Chapter 14 shall use 40 CFR part 75 methodology for reporting emissions for all sources subject 

to the federal acid rain program.

(vii) For the reports cited in (i) and (ii) of this section, each source subject to 

Chapter 14 shall maintain all records used in the calculation of the emissions, including but not 

limited to the following:

(A) amount of fuel consumed;

(B) percent sulfur content of fuel and how the content was determined;

(C) quantity of product produced;

(D) emissions monitoring data;

(E) operating data; and

(F) how the emissions are calculated

(viii) For the reports cited in (i) and (ii) of this section, each source subject to 

Chapter 14 shall maintain records of any physical changes to facility operations or equipment, or

any other changes (e.g., raw material or feed) that may affect the emissions projections.

(ix) For the reports cited in (i) and (ii) of this section, each source subject to 

Chapter 14 shall retain records for a minimum of ten years from the date of establishment, or if 

the record was the basis for an adjustment to the milestone, 5 years after the date of an 

implementation plan revision, whichever is longer.

(c) Changes in Emission Measurement Techniques.

(i) Each source subject to Chapter 14 that is also subject to 40 CFR part 75 and 

that uses 40 CFR part 60, Appendix A, Test Methods 2F, 2G, or 2H to measure stack flow rate 

shall adjust reported sulfur dioxide emissions to ensure that the reported sulfur dioxide emissions 

are comparable to 1999 emissions. The adjustment may be calculated using the methods in (A) 

through (C). The calculations that are used to make this adjustment shall be included with the 

annual emission report under Section 3(b) of this Chapter.

(A) Directly determine the difference in flow rate through a side-by-side 

comparison of data collected with the new and old flow reference methods required during a 

RATA test under 40 CFR part 75.

(B) Compare the annual average heat rate using heat input data from the 

federal acid rain program (MMBtu) and total generation (MWHrs) as reported to the federal 

Energy Information Administration. The flow adjustment will be calculated by using the 
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following ratio: (Heat input/MW for first full year of data using new flow rate method) divided 

by (Heat input/MW for last full year of data using old flow rate method).

(C) Compare the CFM per Megawatt (MW) before and after the new flow 

reference method based on continuous emission monitoring data submitted in the federal acid 

rain program, using the following equation: (SCF/unit of generation for first full year of data 

using new flow rate method) divided by (SCF/unit of generation for last full year of data using 

old flow rate method).

(ii) Each source subject to this Rule that uses a different emission monitoring or 

calculation method than was used to report their sulfur dioxide emissions in 1998 under Chapter 

14, Section 3 shall adjust their reported emissions to be comparable to the emission monitoring 

or calculation method that was used in 1998. The calculations that are used to make this 

adjustment shall be included with the annual emission report under Section 3(b) of this Chapter.

Section 5. Incorporation by reference.

(a) Code of Federal Regulations (CFR). All Code of Federal Regulations (CFRs), 

including their Appendices, cited in this Chapter, revised and published as of July 1, 2006, not 

including any later amendments, unless portions of said CFRs are specifically excluded in 

citation, are incorporated by reference. Copies of the Code of Federal Regulations are available 

for public inspection and copies can be obtained at cost from the Department of Environmental 

Quality, Division of Air Quality, 122 W. 25th Street, Cheyenne, Wyoming 82002. Copies of the 

CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, 

Blue Ridge Summit, PA 17214.
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APPENDIX A: WEB CHAPTER 14, SECTION 2 MONITORING PROTOCOLS

Protocol WEB-1: SO2 Monitoring of Fuel Gas Combustion Devices

1. Applicability

(a) The provisions of this protocol are applicable to fuel gas combustion devices at 

petroleum refineries.

(b) Fuel gas combustion devices include boilers, process heaters, and flares used to burn 

fuel gas generated at a petroleum refinery.

(c) Fuel gas means any gas which is generated and combusted at a petroleum refinery. 

Fuel gas does not include: (1) natural gas, unless combined with other gases generated at a 

petroleum refinery, (2) gases generated by a catalytic cracking unit catalyst regenerator, (3) gases 

generated by fluid coking burners, (4) gases combusted to produce sulfur or sulfuric acid, or (5) 

process upset gases generated due to startup, shutdown, or malfunctions.

2. Monitoring Requirements

(a) Except as provided in paragraphs (b) and (c) of this Section 2, fuel gas combustion 

devices shall use a continuous fuel gas monitoring system (CFGMS) to determine the total sulfur 

content (reported as H2S) of the fuel gas mixture prior to combustion, and continuous fuel flow 

meters to determine the amount of fuel gas burned.

(1) Fuel gas combustion devices having a common source of fuel gas may be 

monitored for sulfur content at one location, if monitoring at that location is representative of the 

sulfur content of the fuel gas being burned in any fuel gas combustion device.

(2) The CFGMS shall meet the performance requirements in Performance 

Specification 2 in Appendix B to 40 CFR part 60, and the following:

(i) Continuously monitor and record the concentration by volume of total 

sulfur compounds in the gaseous fuel reported as ppmv H2S.

(ii) Have the span value set so that the majority of readings fall between 

10 and 95% of the range.

(iii) Record negative values of zero drift.

(iv) Calibration drift shall be 5.0% of the span.

(v) Methods 15A, 16, or approved alternatives for total sulfur, are the 

reference methods for the relative accuracy test. The relative accuracy test shall include a bias 

test in accordance with paragraph 4(c) of this section.
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(3) All continuous fuel flow meters shall comply with the applicable provisions 

of Appendix D to 40 CFR part 75.

(4) The hourly mass SO2 emissions shall be calculated using the following 

equation:

E = (CS)(Qf)(K)

where: E = SO2 emissions in lbs/hr

CS = Sulfur content of the fuel gas as H2S(ppmv)

Qf = Fuel gas flow rate (scfh) 

K = 1.660 x 10-7 (lb/scf)/ppmv

(b) In place of a CFGMS in paragraph (a) of this Section 2, fuel gas combustion devices 

having a common source of fuel gas may be monitored with an SO2 CEMS and flow CEMS at 

only one location, if the CEMS monitoring at that location is representative of the SO2 emission 

rate (lb SO2/scf fuel gas burned) of all applicable fuel gas combustion devices. Continuous fuel 

flow meters shall be used in accordance with paragraph (b), and the fuel gas combustion device 

monitored by a CEMS shall have separate fuel metering.

(1) Each CEMS for SO2 and flow shall comply with the operating requirements, 

performance specifications, and quality assurance requirements of 40 CFR part 75.

(2) All continuous fuel flow meters shall comply with the applicable provisions 

of Appendix D to 40 CFR part 75.

(3) The SO2 mass emissions for all the fuel gas combustion devices monitored by 

this approach shall be determined by the ratio of the amount of fuel gas burned by the CEMSmonitored fuel gas combustion device to the total fuel gas burned by all applicable fuel gas 

combustion devices using the following equation:

Et = (Em)(Qt)/(Qm)

where: Et = Total SO2 emissions in lbs/hr from applicable fuel gas combustion devices.

Em = SO2 emissions in lbs/hr from the CEMS-monitored fuel gas combustion

device.

Qt = Fuel gas flow rate (scfh) from applicable fuel gas combustion devices.

Qm = Fuel gas flow rate (scfh) from the CEMS-monitored fuel gas combustion

device.

(c) In place of a CFGMS in paragraph (a) of this section, fuel gas combustion devices 

having a common source of fuel gas may be monitored with an SO2 - diluent CEMS at only one 

location, if the CEMS monitoring at that location is representative of the SO2 emission rate (lb 

SO2/mmBtu) of all applicable fuel gas combustion devices. If this option is selected, the owner 

or operator shall conduct fuel gas sampling and analysis for gross calorific value (GCV), and 
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shall use continuous fuel flow metering in accordance with paragraph (a) of this Section 2, with 

separate fuel metering for the CEMS-monitored fuel gas combustion device.

(1) Each SO2-diluent CEMS shall comply with the applicable provisions for SO2

monitors and diluent monitors in 40 CFR part 75, and shall use the procedures in section 3 of 

Appendix F to part 75 for determining SO2 emission rate (lb/mmBtu) by substituting the term 

SO2 for NOx in that section.

(2) All continuous fuel flow meters and fuel gas sampling and analysis for GCV 

to determine the heat input rate from the fuel gas shall comply with the applicable provisions of 

Appendix D to 40 CFR part 75.

(3) The SO2 mass emissions for all the fuel gas combustion devices monitored by 

this approach shall be determined by the ratio of the fuel gas heat input to the CEMS-monitored 

fuel gas combustion device to the total fuel gas heat input to all applicable fuel gas combustion 

devices using the following equation:

Et = (Em)(Ht)/(Hm)

where: Et = Total SO2 emissions in lbs/hr from applicable fuel gas combustion devices.

Em = SO2 emissions in lb/mmBtu from the CEMS - monitored fuel gas

combustion device.

Ht = Fuel gas heat input (mmBtu/hr) from applicable fuel gas combustion devices.

Hm = Fuel gas heat input (mmBtu/hr) from the CEMS - monitored fuel gas

combustion device.

3. Certification/Recertification Requirements

All monitoring systems are subject to initial certification and recertification testing as follows:

(a) The owner or operator shall comply with the initial testing and calibration 

requirements in Performance Specification 2 in Appendix B of 40 CFR part 60 and paragraph 2 

(a)(2) of this section for each CFGMS.

(b) Each CEMS for SO2 and flow or each SO2-diluent CEMS shall comply with the 

testing and calibration requirements specified in 40 CFR part 75, section 75.20 and Appendices 

A and B, except that each SO2-diluent CEMS shall meet the relative accuracy requirements for a 

NOx-diluent CEMS (lb/mmBtu).

(c) A continuous fuel flow meter shall comply with the testing and calibration 

requirements in 40 CFR part 75, Appendix D.

4. Quality Assurance/Quality Control Requirements
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(a) A quality assurance/quality control (QA/QC) plan shall be developed and 

implemented for each CEMS for SO2 and flow or the SO2-diluent CEMS in compliance with 

Appendix B of 40 CFR part 75.

(b) A QA/QC plan shall be developed and implemented for each continuous fuel flow 

meter and fuel sampling and analysis in compliance with Appendix B of 40 CFR part 75.

(c) A QA/QC plan shall be developed and implemented for each CFGMS in compliance 

with sections 1 and 1.1 of Appendix B of 40 CFR part 75, and the following:

(1) Perform a daily calibration error test of each CFGMS at two gas 

concentrations, one low level and one high level. Calculate the calibration error as described in 

Appendix A to 40 CFR part 75. An out of control period occurs whenever the error is greater 

than 5.0% of the span value.

(2) In addition to the daily calibration error test, an additional calibration error 

test shall be performed whenever a daily calibration error test is failed, whenever a monitoring 

system is returned to service following repairs or corrective actions that may affect the monitor 

measurements, or after making manual calibration adjustments.

(3) Perform a linearity test once every operating quarter. Calculate the linearity 

as described in Appendix A to 40 CFR part 75. An out of control period occurs whenever the 

linearity error is greater than 5.0 percent of a reference value, and the absolute value of the 

difference between average monitor response values and a reference value is greater than 5.0 

ppm.

(4) Perform a relative accuracy test audit once every four operating quarters. 

Calculate the relative accuracy as described in Appendix A to 40 CFR part 75. An out of control 

period occurs whenever the relative accuracy is greater than 20.0% of the mean value of the 

reference method measurements.

(5) Using the results of the relative accuracy test audit, conduct a bias test in 

accordance with Appendix A to 40 CFR part 75, and calculate and apply a bias adjustment factor 

if required.

5. Missing Data Procedures

(a) For any period in which valid data are not being recorded by an SO2 CEMS or flow 

CEMS specified in this section, missing or invalid data shall be replaced with substitute data in 

accordance with the requirements in Subpart D of 40 CFR part 75.

(b) For any period in which valid data are not being recorded by an SO2-diluent CEMS 

specified in this section, missing or invalid data shall be replaced with substitute data on a rate 

basis (lb/mmBtu) in accordance with the requirements for SO2 monitors in Subpart D of 40 CFR 

part 75.
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(c) For any period in which valid data are not being recorded by a continuous fuel flow 

meter or for fuel gas GCV sampling and analysis specified in this section, missing or invalid data 

shall be replaced with substitute data in accordance with missing data requirements in Appendix 

D to 40 CFR part 75.

(d) For any period in which valid data are not being recorded by the CFGMS specified in 

this section, hourly missing or invalid data shall be replaced with substitute data in accordance 

with the missing data requirements for units performing hourly gaseous fuel sulfur sampling in 

section 2.4 of Appendix D to 40 CFR part 75.

6. Monitoring Plan and Reporting Requirements

In addition to the general monitoring plan and reporting requirements of Section 2(h) of Chapter 

14, the owner or operator shall meet the following additional requirements:

(a) The monitoring plan shall identify each group of units that are monitored by a single 

monitoring system under this Protocol WEB-1, and the plan shall designate an identifier for the 

group of units for emissions reporting purposes. For purpose of submitting emissions reports, no 

apportionment of emissions to the individual units within the group is required.

(b) If the provisions of paragraphs 2(b) or (c) are used, provide documentation and an 

explanation to demonstrate that the SO2 emission rate from the monitored unit is representative 

of the rate from non-monitored units.

Protocol WEB-2: Predictive Flow Monitoring Systems for Kilns with Positive Pressure 

Fabric Filter

1. Applicability

The provisions of this protocol are applicable to cement kilns or lime kilns that (1) are controlled 

by a positive pressure fabric filter, and (2) have operating conditions upstream of the fabric filter 

that the WEB source documents would reasonably prevent reliable flow monitor measurements. 

2. Monitoring Requirements

(a) A cement or lime kiln with a positive pressure fabric filter shall use a predictive flow 

monitoring system (PFMS) to determine the hourly kiln exhaust gas flow.

(b) A PFMS is the total equipment necessary for the determination of exhaust gas flow 

using process or control device operating parameter measurements and a conversion equation, a 

graph, or computer program to produce results in cubic feet per hour.

(c) The PFMS shall meet the following performance specifications:

(1) The PFMS must allow for the automatic or manual determination of failed 

monitors. At a minimum a daily determination must be performed.
14-45

(2) The PFMS shall have provisions to check the calibration error of each 

parameter that is individually measured. The owner or operator shall propose appropriate 

performance specifications in the initial monitoring plan for all parameters used in the PFMS 

comparable to the degree of accuracy required for other monitoring systems used to comply with 

this Rule. The parameters shall be tested at two levels, low: 0 to 20% of full scale, and high: 50 

to 100% of full scale. The reference value need not be certified.

(3) The relative accuracy of the PFMS must be < 10.0% of the reference method 

average value, and include a bias test in accordance with paragraph 4(c) of this section.

3. Certification Requirements

The PFMS is subject to initial certification testing as follows:

(a) Demonstrate the ability of the PFMS to identify automatically or manually a failed 

monitor.

(b) Provide evidence of calibration testing of all monitoring equipment. Any tests 

conducted within the previous 12 months of operation that are consistent with the QA/QC plan 

for the PFMS are acceptable for initial certification purposes.

(c) Perform an initial relative accuracy test over the normal range of operating conditions 

of the kiln. Using the results of the relative accuracy test audit, conduct a bias test in accordance 

with Appendix A to 40 CFR part 75, and calculate and apply a bias adjustment factor if required.

4. Quality Assurance/Quality Control Requirements

A QA/QC plan shall be developed and implemented for each PFMS in compliance with sections 

1 and 1.1 of Appendix B of 40 CFR part 75, and the following:

(a) Perform a daily monitor failure check.

(b) Perform calibration tests of all monitors for each parameter included in the PFMS. 

At a minimum, calibrations shall be conducted prior to each relative accuracy test audit.

(c) Perform a relative accuracy test audit and accompanying bias test once every four 

operating quarters. Calculate the relative accuracy (and bias adjustment factor) as described in 

Appendix A to 40 CFR part 75. An out of control period occurs whenever the flow relative 

accuracy is greater than 10.0% of the mean value of the reference method.

5. Missing Data

For any period in which valid data are not being recorded by the PFMS specified in this section, 

hourly missing or invalid data shall be replaced with substitute data in accordance with the flow 

monitor missing data requirements for non-load based units in Subpart D of 40 CFR part 75.
14-46

6. Monitoring Plan Requirements

In addition to the general monitoring plan requirements of Section 2(h) of Chapter 14, the owner 

or operator shall meet the following additional requirements:

(a) The monitoring plan shall document the reasons why stack flow measurements 

upstream of the fabric filter are unlikely to provide reliable flow measurements over time.

(b) The initial monitoring plan shall explain the relationship of the proposed parameters 

and stack flow, and discuss other parameters considered and the reasons for not using those 

parameters in the PFMS. The State of Wyoming may require that the subsequent monitoring 

plan include additional explanation and documentation for the reasonableness of the proposed 

PFMS.
81

Appendix C: Fire Programs
10-1

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

CHAPTER 10

SMOKE MANAGEMENT

Section 4. Smoke management requirements.

(a) Effective Date. The requirements of this Section are effective for planned burn 

projects conducted and unplanned fire events that occur on or after January 1, 2005.

(b) Definitions. The following definitions apply to Chapter 10, Section 4. Unless defined 

differently below, the meaning of the terms used in this section is the same as in Chapter 1, 

Section 3 of these regulations.

(i) “Alternatives to burning” means manual, mechanical, chemical or biological 

treatments designed to replace the use of fire to manage vegetation.

(ii) “Burner” means the individual, agency, organization, land manager or 

landowner who is responsible for conducting a planned burn project.

(iii) “Class I Area” means all mandatory Class I Federal areas established in the 

Clean Air Act of 1977 and include the following for the State of Wyoming: Yellowstone 

National Park, Grand Teton National Park, North Absaroka Wilderness, Washakie Wilderness, 

Teton Wilderness, Bridger Wilderness and Fitzpatrick Wilderness. Such term also includes the 

Savage Run Wilderness, which is not a mandatory Class I Federal area, and any future Class I 

area redesignated in accordance with Chapter 6, Section 4(d) of these regulations.

(iv) “Emission reduction technique” means manual, mechanical, chemical or 

biological treatments used in conjunction with fire to minimize emissions, including, but not 

limited to, methods that minimize the burn area, reduce the fuel load, or increase the efficiency 

of combustion.

(v) “Jurisdictional fire authority” means an agency, organization or department 

whose purpose is to prevent, manage, and/or suppress fires in a designated geographic area, 

including, but not limited to, volunteer fire departments, fire districts, municipal fire departments 

and federal fire staff.

(vi) “Land manager” means an individual, agency or organization that has the 

overall land and/or resource management responsibility.

(vii) “Monitoring” means repeated observations (i.e., visual) or measurements 

(i.e., instrument) to evaluate changes in smoke affecting ambient air quality and/or visibility. 

Monitoring can be documented, which involves collection and analysis of the observations 

and/or measurements.
10-2

(viii) “Nonattainment Area” means any geographic area of the United States, 

which has been designated as nonattainment under § 107 of the Clean Air Act and described in 

40 CFR Part 81.

(ix) “Pile volume” means the quantity in cubic feet of vegetative materials that 

have been manually or mechanically relocated and heaped together, as calculated using pile 

shape and overall dimensions.

(x) “Planned burn project” means burn area(s) or pile(s) of vegetative material 

that are being treated or managed utilizing planned fire for the same management objectives and 

that are on a contiguous land area. 

(xi) “Population” means all individuals, other than the burner, occupying a fixed 

area. Fixed areas include, but are not limited to, portions of property normally occupied as 

residential, recreational, institutional, commercial, or educational premises, but do not include 

fixed areas under control of the burner.

(xii) “Public notification” means a method that communicates information 

regarding planned burn projects or unplanned fire events to the public.

(xiii) “SMP” means the Smoke Management Program that specifies requirements 

for planned burn projects (SMP-I and SMP-II) and unplanned fire events. Irrigation district burn 

projects are by definition SMP-I planned burn projects.

(xiv) “Unplanned fire” means any vegetative fire ignited by natural causes such 

as lightning and human causes such as accidental ignitions, escaped prescribed fire or arson; 

irrespective of the management objectives.

(xv) “Vegetative material” means untreated unprocessed wood, including, but not 

limited to, trees, tree stumps, tree limbs, bark, chips, duff, grass, grass clippings, leaves, conifer 

needles, bushes, shrubs, weeds, clippings from bushes and shrubs, and agricultural plant residue.

(xvi) “Ventilation category” means the classification describing the potential for 

smoke or other pollutants to disperse from its source, and that is expressed in terms of Excellent, 

Very Good, Good, Fair or Poor.

(c) Applicability. The provisions of Chapter 10, Section 4 are applicable to burners who 

conduct, and jurisdictional fire authorities responsible for, the following:

(i) Planned burn projects of vegetative material that exceed 0.25 tons of PM10

emissions per day. When areas or piles are on a contiguous land area and will be burned on the 

same day and by the same burner for the same management objectives, the sum of these areas or 

piles constitutes the daily burn area or daily pile volume. 

(ii) Unplanned fire events that exceed 50 acres.
10-3

(d) Materials allowed to be burned. Only vegetative material shall be burned.

(e) Compliance with requirements. 

(i) The burner and responsible jurisdictional fire authority shall comply with all 

rules and regulations of the Wyoming Department of Environmental Quality, Division of Air 

Quality, and with the Wyoming Environmental Quality Act.

(ii) Authorized representatives of the Division shall be given permission by the 

burner or responsible jurisdictional fire authority to enter and inspect a property, premise or 

place on or at which a planned burn project or unplanned fire event is or was located solely for 

the purpose of investigating actual sources of air pollution, and for determining compliance or 

non-compliance with any applicable rules, regulations, standards or orders. This permission shall 

extend for a maximum time of ten business days after the completed reporting form is received 

by the Division. Site inspections during this period shall be initiated only after notification of the 

burner conducting the planned burn project or the jurisdictional fire authority responsible for the 

unplanned fire event.

(iii) Nothing in this Section shall relieve any burner or responsible jurisdictional 

fire authority of the responsibility to comply with all applicable local, state and federal laws, 

regulations and ordinances.

(iv) Nothing in this Section shall relieve any burner or responsible jurisdictional 

fire authority of the responsibility to comply with any lawfully issued restriction on burning.

(v) Nothing in this Section is intended to address safety issues related to the use of 

fire, which fall under the control of jurisdictional fire authorities.

(f) SMP-I. For all burners whose planned burn project exceeds the thresholds in 

Subsection (c)(i) and is projected to generate less than two tons of PM10 emissions per day, 

all of the following shall apply.

(i) For each planned burn project, the burner shall notify the Division prior to the 

ignition of the planned burn project, in accordance with the notification process approved by the 

Administrator of the Division. This notification shall include the burner contact information, the 

location of the planned burn project, and other information required by the Administrator of the 

Division.

(ii) The burner shall communicate burn information to the public, in accordance 

with the public information process approved by the Administrator of the Division, utilizing all 

of the following:

(A) Prior to the ignition of each planned burn project, notify the 

jurisdictional fire authority(ies) responsible for the geographic area in which the planned burn 

project is to occur. 
10-4

(B) When there is a population within a 0.5-mile radius of the planned 

burn project, conduct public notification no sooner than 30 days and no later than two days in 

advance of the ignition of the planned burn project. Documentation of public notification shall be 

submitted on the reporting form required in Subsection (f)(v). When it can be shown that the 

population within a 0.5-mile radius of the planned burn project is in an area of low population 

density, compliance with Subsection (f)(ii)(A) shall satisfy this requirement. An average of one 

dwelling unit per ten acres shall be used as the definition of areas of low population density. 

(iii) The burner shall only ignite a planned burn project when smoke will disperse 

from its source. To satisfy this requirement, the burner shall ignite the planned burn project 

during the daytime hours, when there is a slight breeze and there is no population within 0.5 mile 

of the planned burn project in the downwind trajectory. The burner may request a waiver of any 

part of this requirement from the Administrator of the Division. The burner shall document in 

writing the reasons for requesting the waiver, and must receive a waiver granted by the 

Administrator of the Division prior to ignition of the planned burn project. The Administrator of 

the Division shall consider such waiver requests on a case-by-case basis.

(iv) The burner shall attend and observe each planned burn project periodically to 

determine the dispersion, direction, and impacts of the smoke.

(v) For each planned burn project, the burner shall submit to the Division a 

completed reporting form, provided by the Division, no later than six weeks following 

completion of the planned burn project.

(g) SMP-II. For all burners whose planned burn project exceeds the thresholds in 

Subsection (c)(i) and is projected to generate greater than or equal to two tons of PM10

emissions per day, all of the following shall apply.

(i) For each planned burn project, the burner shall submit to the Division a 

completed registration form, provided by the Division, by January 31 or no later than two weeks 

prior to the ignition of the planned burn project. The completed registration form shall include 

documentation of all of the following:

(A) The burner shall have reviewed smoke management educational 

material supplied by the Division or completed a smoke management training program prior to 

initiating a planned burn project.

(B) The burner shall consider the use of alternatives to burning for each 

planned burn project, and document the consideration of such alternatives in the method 

approved by the Administrator of the Division.

(C) The burner shall implement a minimum of one emission reduction 

technique for each planned burn project. The burner may request a waiver of this requirement 

from the Administrator of the Division. The burner shall document in writing the reasons for 

requesting the waiver, and must receive a waiver granted by the Administrator of the Division 

prior to the ignition of the planned burn project. The Administrator of the Division shall consider 
10-5

such waiver requests on a case-by-case basis.

(D) The burner shall only ignite a planned burn project when smoke will 

disperse from its source. To satisfy this requirement, the burner shall utilize one of the following 

options:

(I) Ignite the planned burn project during times when the 

ventilation category is “Good” or better. The ventilation category shall be obtained from a source 

approved by the Administrator of the Division.

(II) Ignite the planned burn project during times when the 

ventilation category is “Fair” if there is no population within 10 miles of the planned burn project 

in the downwind trajectory. The ventilation category shall be obtained from a source approved 

by the Administrator of the Division. The burner may request a waiver of any part of this 

requirement from the Administrator of the Division. The burner shall document in writing the 

reasons for requesting the waiver, and must receive a waiver granted by the Administrator of the 

Division prior to ignition of the planned burn project. The Administrator of the Division shall 

consider such waiver requests on a case-by-case basis.

(E) The burner shall conduct monitoring utilizing all of the following:

(I) For each planned burn project, conduct and document visual 

monitoring, in accordance with the visual monitoring process approved by the Administrator of 

the Division, to determine the dispersion, direction, and impacts of the smoke. Documentation of 

visual monitoring shall be submitted on the reporting form required in Subsection (g)(iv).

(II) When there is a population or Nonattainment Area within 10 

miles of the planned burn project in the downwind trajectory, the burner may, on a case-by-case 

basis, be required by the Administrator of the Division to conduct and document ambient air 

quality monitoring. The results and documentation of any required ambient air quality 

monitoring shall be submitted with the reporting form required in Subsection (g)(iv).

(III) When there is a Class I Area within 30 miles of the planned 

burn project in the downwind trajectory, the burner may, on a case-by-case basis, be required by 

the Administrator of the Division to conduct and document ambient air quality and/or visibility 

monitoring. The results and documentation of any required ambient air quality and/or visibility 

monitoring shall be submitted with the reporting form required in Subsection (g)(iv).

(ii) For each planned burn project, the burner shall notify the Division prior to the 

ignition of the planned burn project, in accordance with the notification process approved by the 

Administrator of the Division. This notification shall include the planned burn project 

identification information, planned burn date(s), daily burn area or daily pile volume, and other 

information required by the Administrator of the Division. For each planned burn project, all of 

the following shall apply.
10-6

(A) The burner shall not exceed the daily burn area or daily pile volume 

that the burner specified in the notification. 

(B) The Division shall contact the burner prior to the ignition of the 

planned burn project, in accordance with the modification process approved by the Administrator 

of the Division, if a modification of the planned burn project is required. If a representative of 

the Division does not contact the burner, the burner may proceed with the planned burn project.

(iii) The burner shall communicate burn information to the public, in accordance 

with the public information process approved by the Administrator of the Division, utilizing all 

of the following:

(A) Prior to the ignition of each planned burn project, notify the 

jurisdictional fire authority(ies) responsible for the geographic area in which the planned burn 

project is to occur. 

(B) When there is a population within a 10-mile radius of the planned burn 

project, conduct public notification no sooner than 30 days and no later than two days in advance 

of the ignition of the planned burn project. Documentation of public notification shall be 

submitted on the reporting form required in Subsection (g)(iv).

(iv) For each planned burn project, the burner shall submit to the Division a 

completed reporting form, provided by the Division, no later than six weeks following 

completion of the planned burn project.

(h) Long-term planning. Long-term planning shall be required for the burner and/or 

land manager whose total planned burn projects in a year are projected to generate greater than 

100 tons of PM10 emissions. The burner and/or land manager shall submit a written report to the 

Administrator of the Division by January 31 every third year starting in 2005. The written report 

shall include documentation of all of the following:

(i) The long-term burn estimates for the next three years, including the location,

burn area or pile volume, vegetation type, and type of burn for each planned burn project.

(ii) The alternatives to burning considered and utilized during the previous three 

years and planned for the next three years, including the location and area of treatment(s), the 

vegetation type(s), and the specific technique(s).

(i) Unplanned fire. For the jurisdictional fire authority responsible for each unplanned 

fire event that exceeds 50 acres, all of the following shall apply. When it can be shown that the 

responsible jurisdictional fire authority is a volunteer fire organization, only Subsection (i)(iii) 

shall apply.

(i) The responsible jurisdictional fire authority shall communicate fire information 

to the public, in accordance with the public information process approved by the Administrator 

of the Division, utilizing all of the following:
10-7

(A) For each unplanned fire event, notify the jurisdictional fire 

authority(ies) responsible for the geographic area in which the unplanned fire event is occurring. 

(B) When there is a population within a 10-mile radius of the unplanned 

fire event, conduct public notification. Documentation of public notification shall be submitted 

on the reporting form required in Subsection (i)(iii).

(ii) The responsible jurisdictional fire authority shall conduct monitoring utilizing 

all of the following:

(A) For each unplanned fire event, conduct and document visual 

monitoring, in accordance with the visual monitoring process approved by the Administrator of 

the Division, to determine the dispersion, direction, and impacts of the smoke. Documentation of 

visual monitoring shall be submitted on the reporting form required in Subsection (i)(iii).

(B) When there is a population or Nonattainment Area within 10 miles of 

the unplanned fire event in the downwind trajectory, the responsible jurisdictional fire authority 

may, on a case-by-case basis, be required by the Administrator of the Division to conduct and 

document ambient air quality monitoring. The results and documentation of any required 

ambient air quality and/or visibility monitoring shall be submitted with the reporting form 

required in Subsection (i)(iii).

(C) When there is a Class I Area within 30 miles of the unplanned fire 

event in the downwind trajectory, the responsible jurisdictional fire authority may, on a case-bycase basis, be required by the Administrator of the Division to conduct and document ambient air 

quality and/or visibility monitoring. The results and documentation of any required ambient air 

quality and/or visibility monitoring shall be submitted with the reporting form required in 

Subsection (i)(iii).

(iii) For each unplanned fire event, the responsible jurisdictional fire authority 

shall annually submit to the Division a completed reporting form, provided by the Division, no 

later than December 31.

(iv) When an unplanned fire event is managed to accomplish specific pre-stated 

management objectives in a predefined geographic area, all of the following shall also apply.

(A) The responsible jurisdictional fire authority shall review smoke 

management educational material supplied by the Division or complete a smoke management 

training program.

(B) The Division shall contact the responsible jurisdictional fire authority, 

in accordance with the modification process approved by the Administrator of the Division, if a 

modification of the management strategy for the unplanned fire event is necessary to mitigate 

smoke impacts. If a representative of the Division does not contact the responsible jurisdictional 
10-8

fire authority, the responsible jurisdictional fire authority may proceed with the management 

strategy.

(j) The following are not subject to subsections 4(e)(ii), 4(f)(i), 4(f)(ii)(B), and 4(f)(v) of 

Chapter 10, Section 4:

(i) Planned burning of vegetative materials incident to:

(A) Weeds along fence lines;

(B) Weed growth in and along ditch banks incident to clearing ditches for 

irrigation purposes;

(C) Vegetative materials related to agricultural croplands.

(D) Vegetative materials related to rangeland and/or pasturelands, if the 

project area is less than 68 acres.

(ii) The following planned burn projects do not fall under this exemption:

(A) Vegetative materials related to rangeland and/or pasture lands, unless 

exempted by 4(j)(i)(D).

(iii) The burner not subject to regulation under Section (j)(i) shall provide 

vegetative burn data requested by the Administrator in a periodic survey of agricultural burning 

practices.
82

Appendix D: Interstate and Regional Coordination

WY DEQ

Involvement
83

Appendix E: Demonstration that the SO2 Milestones Provide Greater Reasonable Progress

than BART
84

Demonstration that the SO2 Milestones Provide Greater Reasonable 

Progress than BART

A. Background

In 1996 the Grand Canyon Visibility Transport Commission (GCVTC) submitted 

recommendations to EPA to improve visibility in the 16 Class I areas on the Colorado Plateau. 

The GCVTC concluded that a broad-based approach that addressed multiple pollutants and 

source categories was necessary to reduce regional haze. The report recommended a series of 

strategies to address stationary sources, mobile sources, fire, pollution prevention, fugitive dust, 

and clean air corridors. 

On July 1, 1999 the Environmental Protection Agency (EPA) published regulations to address 

regional haze visibility impairment. The regulations required States to address Best Available 

Retrofit Technology (BART) requirements for regional haze visibility impairment, and allowed 

nine western states to develop plans that were based on the GCVTC recommendations for 

stationary sources in lieu of BART. 

In 2000, the Western Regional Air Partnership (WRAP) submitted an Annex to the GCVTC 

recommendations that provided more details regarding the Regional SO2 Milestones and 

Backstop Trading Program that had been recommended in the GCVTC Report, and included a 

demonstration that the milestones achieved greater reasonable progress than would have been 

achieved by the application of BART in the region. The Annex was approved by EPA in 2003, 

but this approval was later vacated by the DC Circuit Court of Appeals in 2005 due to problems 

with the methodology that was required in the regional haze rule for demonstrating greater 

reasonable progress than BART.2

 

On July 6, 2005 EPA revised the regional haze rule in response to the judicial challenges to the 

BART requirements. On October 13, 2006 EPA published additional revisions to address 

alternatives to source-specific BART determinations.

Five western states (Arizona, New Mexico, Oregon, Utah, and Wyoming) and the City of 

Albuquerque had submitted State Implementation Plans (SIPs) in 2003 under 40 CFR §51.309. 

Three of those states (New Mexico, Utah, and Wyoming) and the City of Albuquerque plan to 

update their SIPs to include new milestones that are based on more recent emission inventories 

as well as the revised BART requirements in the Regional Haze Rule. Arizona and Oregon are

no longer participating in the program. This demonstration shows that the SO2 milestones will 

achieve greater reasonable progress than would have been achieved from the installation and 

operation of BART at all sources subject to BART in the participating states in accordance with 

the revised Regional Haze Rule.

 

2 Center for Energy and Economic Development v. EPA, February 18, 2005; American Corn Growers 

Association v. EPA, May 24, 2002.
85

B. RH Rule Requirements

40 CFR 51.309(d)(4) states, “The milestones must be shown to provide for greater reasonable 

progress than would be achieved by application of BART pursuant to §51.308(e)(2).”

40 CFR 51.308(e)

...(2) A State may opt to implement or require participation in an emissions trading program or other 

alternative measure rather than to require sources subject to BART to install, operate, and maintain BART. 

Such an emissions trading program or other alternative measure must achieve greater reasonable progress 

than would be achieved through the installation and operation of BART. For all such emission trading 

programs or other alternative measures, the State must submit an implementation plan containing the 

following plan elements and include documentation for all required analyses:

(i) A demonstration that the emissions trading program or other alternative measure will 

achieve greater reasonable progress than would have resulted from the installation and 

operation of BART at all sources subject to BART in the State and covered by the alternative 

program. This demonstration must be based on the following:

(A) A list of all BART-eligible sources within the State.

(B) A list of all BART-eligible sources and all BART source categories covered by the 

alternative program. The State is not required to include every BART source category or 

every BART-eligible source within a BART source category in an alternative program, 

but each BART-eligible source in the State must be subject to the requirements of the 

alternative program, have a federally enforceable emission limitation determined by the 

State and approved by EPA as meeting BART in accordance with section 302(c) or 

paragraph (e)(1) of this section, or otherwise addressed under paragraphs (e)(1) or 

(e)(4)of this section.

(C) An analysis of the best system of continuous emission control technology available 

and associated emission reductions achievable for each source within the State subject to 

BART and covered by the alternative program. This analysis must be conducted by 

making a determination of BART for each source subject to BART and covered by the 

alternative program as provided for in paragraph (e)(1) of this section, unless the 

emissions trading program or other alternative measure has been designed to meet a 

requirement other than BART (such as the core requirement to have a long-term strategy 

to achieve the reasonable progress goals established by States). In this case, the State may 

determine the best system of continuous emission control technology and associated 

emission reductions for similar types of sources within a source category based on both 

source-specific and category-wide information, as appropriate.

(D) An analysis of the projected emissions reductions achievable through the trading 

program or other alternative measure.

(E) A determination under paragraph (e)(3) of this section or otherwise based on the clear 

weight of evidence that the trading program or other alternative measure achieves greater 

reasonable progress than would be achieved through the installation and operation of 

BART at the covered sources.
86

C. Identification of BART-Eligible Sources and Sources Subject to BART.

Establishing BART emission limitations under 40 CFR 51.308(e)(1) is a three-step process (70 

FR 39106): 

• States identify sources which meet the definition of BART eligible 

• States determine which BART eligible sources are “subject to BART” 

• For each source subject to BART the State identifies the appropriate control technology. 

 

1. BART-Eligible Sources. 

Pursuant to 40 CFR 51.308(e)(2)(i), States submitting §309 SIPs are required to list all BARTeligible sources covered by the alternative program. BART-eligible sources are identified as 

those sources that fall within one of 26 specific source categories, were built between 1962 and 

1977, and have potential emissions of at least 250 tons per year of any visibility impairing air 

pollutant (40 CFR 51.301). The BART-eligible sources identified by the three §309 States are 

shown in Table 1.

2. Subject to BART Determination. 

Pursuant to 40 CFR 51.308(e)(2)(i)(B) and (e)(1)(ii), States are required to determine which 

BART-eligible sources are “subject to BART.” BART-eligible sources are subject to BART if 

they emit any air pollutant that may reasonably be anticipated to cause or contribute to any 

impairment of visibility in any mandatory Class I federal area. §309 States have conducted 

individual source modeling to determine if a BART-eligible source causes or contributes to 

visibility impairment. 

Two of the §309 States (New Mexico and Utah) utilized the technical modeling services of the 

WRAP Regional Modeling Center (RMC). Modeling was performed according to the RMC 

modeling protocols (CALMET/CALPUFF Protocol for BART Exemption Screening Analysis 

for Class I Areas in the Western United States). For the WRAP BART exemption screening 

modeling, the RMC followed the EPA BART Guidelines (EPA, 2005) and the applicable 

CALMET/CALPUFF modeling guidance (e.g., IWAQM, 1998; FLAG, 2000; EPA, 2003c) 

including EPA’s March 16, 2006 memorandum: “Dispersion Coefficients for Regulatory Air 

Quality Modeling in CALPUFF” (Atkinson and Fox, 2006).

The basic assumptions of the WRAP BART CALMET/CALPUFF modeling protocols are as 

follows.

• Three years (2001, 2002 and 2003) were modeled.

• Visibility impacts due to emissions of SO2, NOx and primary PM emissions were 

calculated.

• Visibility was calculated using the original IMPROVE equation and “Annual Average 

Natural Conditions”. 

• The effective range of CALPUFF modeling was set at 300km from the sources.

• According to 40 CFR Part 51, Appendix Y (EPA BART Guidelines; EPA, 2005), a 

BART-eligible source is considered to “contribute” to visibility impairment in a Class I 

area if the modeled 98th percentile change in deciviews is equal to or greater than the 

“contribution threshold.” 
87

• The threshold for visibility impact, for a single source, was a 0.5 deciview change or 

more to “contribute” to visibility impairment. This threshold is consistent with the EPA 

BART Guidelines (EPA, 2005) that states, “As a general matter, any threshold that you 

use for determining whether a source ‘contributes’ to visibility impairment should not be 

higher than 0.5 deciviews.” This threshold is also consistent with long-standing visibility 

modeling practices. States have the discretion to set a lower threshold, but the three 

participating states have not determined that a lower threshold is needed or justified. 

The State of Wyoming performed modeling in-house that was also based on EPA BART 

Guidelines and the applicable CALMET/CALPUFF guidelines. The basic assumptions were the 

same as used in the RMC modeling with the following exception: meteorological data for 1995, 

1996, and 2001 that were prepared for a previous modeling analysis were used for the southwest 

Wyoming modeling domain. Wyoming’s BART Air Modeling Protocol, September 2006, is 

posted at http://deq.state.wy.us/aqd/BART.asp. 

Table 1. Subject to BART Status for §309 BART-Eligible Sources 

State Plant Name Unit BART 

Eligible

Subject 

to BART

Modeling 

Entity

BART 

Category

NM Amoco Empire Abo SRU Only Y N WRAP 15

NM SWPS Cunningham Station (Xcel 

Energy)

One Unit Y N WRAP 01

NM Duke Energy Artesia Gas Plant SRU Only Y N WRAP 15

NM Duke Energy Linam Ranch Gas Plant SRU Only Y N WRAP 15

NM Dynegy Saunders SRU Only Y N WRAP 15

NM Giant Refining San Juan Refinery Unit #1 FCCP ESP 

Stack

Y N WRAP 11

NM Giant Refining, Ciniza Refinery 4 B&W CO Boiler Y N WRAP 11

NM SWPS Maddox Station (Xcel Energy) One Unit Y N WRAP 01

NM Marathon Indian Basin Gas Plant SRU Only Y N WRAP 15

NM PNM, San Juan Units 1-4 Y Y WRAP 01

NM Rio Grande Station One Unit Y N WRAP 01

NM Western Gas Resources San Juan 

River Gas Plant

SRU Only Y N WRAP 15

UT PACIFICORP – Hunter Power Plant Units 1-2 Y Y WRAP 01

UT PACIFICORP – Huntington Power 

Plant

Units 1-2 Y Y WRAP 01

WY BASIN ELECTRIC POWER COOP –

LARAMIE RIVER

Units 1-3 Y Y WY DEQ 01

WY BLACK HILLS POWER & LIGHT -

NEIL SIMPSON I

Unit 1 Y N WY DEQ 01

WY Dyno Nobel (formerly Coastal 

Chemical)

9 Units Y N WY DEQ 10

WY FMC CORP – GREEN RIVER SODA 

ASH PLANT

3 Units Y Y WY DEQ 22

WY FMC WYOMING CORP –

GRANGER SODA ASH PLANT

2 Units Y N WY DEQ 22

WY GENERAL CHEMICAL – GREEN 

RIVER SODA ASH PLANT

2 Units Y Y WY DEQ 22

WY P4 PRODUCTION – ROCK 

SPRINGS COKING PLANT

1 Unit Y N WY DEQ 22

WY PACIFICORP – DAVE JOHNSTON Units 3-4 Y Y WY DEQ 01

WY PACIFICORP – JIM BRIDGER Units 1-4 Y Y WY DEQ 01

WY PACIFICORP – NAUGHTON Units 1-3 Y Y WY DEQ 01
88

WY PACIFICORP –WYODAK Unit 1 (335 MW) Y Y WY DEQ 01

WY SINCLAIR OIL CORP-SINCLAIR 

REFINERY

16 Units Y N WY DEQ 11

WY SINCLAIR REFINERY – CASPER 1 Unit Y N WY DEQ 11

D. Baseline Inventory for 2018

The Stationary Sources Joint Forum of the WRAP coordinated the development of a baseline 

inventory for 2018 that was used to update the SO2 milestones for the 3-state region. The 

inventory was estimated as described below.

1. Electric Generating Units (EGUs)

The methodology for projecting existing EGUs into the future involves the following steps:

a) the electricity production (MWs) for each individual unit at a plant was determined 

from the Energy Information Administration [EIA] (data available for 2002-05)

b) the electricity generation design maximum capacity (MWs) was determined for each 

individual unit from EIA data

c) an operating Capacity Factor was determined by dividing the year specific production 

by the design maximum capacity of the each individual plant unit

d) all individual units were assumed to be operating at 85% capacity in 2018 (unless they 

were already operating above this level in 2002)

e) the Growth Ratio necessary to achieve 85% capacity was determined by dividing 0.85 

by the Capacity Factor for each individual plant unit (averaged over four years)

f) a Current Year Emission Factor (lb SO2/MMBtu) was calculated for the latest year of 

available EIA data (2006), using the actual reported emissions (tons SO2) for each 

individual plant unit divided by the actual reported annual heat generation (MMBtu)

g) the 2018 Emission Factor was assumed to be the same as the current emission factor, 

except for a few sources that had a new permitted emission rate

h) the 2018 Emission Rate (tons SO2) was calculated by multiplying current year 

emissions by the ratio of the 2018 to current year Emission Factors

i) the Adjusted 2018 Emission Rate (tons SO2) was "grown" to 85% capacity by 

multiplying the 2018 Emission Rate by the Growth Ratio from Step e)

(emissions from units already operating at or higher than the 85% capacity in the 

2002 data year, were not grown, but accepted at face value)

2. Permitted/Future EGUs

The PRP18b inventory is documented in the ERG Final Technical Memorandum dated October 

16, 2009. The Memorandum projects the need for 61.99 billion kWh of future coal-fired 

electricity generation between 2002 and 2018. Of this total, 36.37 billion kWh will be met by 

increased utilization of existing plants, and the addition of new plants that are already under 

construction. The remaining 25.62 billion kWh will be met by new coal plants in the WRAP 

region. The §309 States estimate that 25% of that total will be constructed in the 3-state region, 

with an emission estimate of 2,600 tons SO2 by 2018. 
89

a) Growth Estimates in 2008 SIPs. 

The previous SO2 milestones were finalized by the §309 States in the spring of 2008 

and were adopted into the SIPs for Albuquerque, Utah, and Wyoming later that year. 

The milestones included a new source growth estimate of 20,000 tons SO2 for 

utilities. This new source growth estimate was drawn from the PRP18a inventory that 

relied on the 2007 EIA projections. As part of the technical demonstration for the 

SIPs, the §309 States identified projects that were under construction or had been 

permitted that would have consumed about 10,000 tons of the new source set-aside.

b) Changes in Underlying Assumptions. 

During the last two years there have been significant changes in the EIA projections 

for future growth of coal-fired electricity generation. The PRP18b inventory that is 

documented in the ERG Final Technical Memorandum dated October 16, 2009 has 

scaled back the projections of growth of coal-fired utilities. EPA has indicated that 

this more recent information calls into question the estimates for future growth in 

coal-fired generation in the current milestones. In addition, the State of Arizona has 

elected to develop a SIP under Section 308 of the Regional Haze Rule, further 

reducing the new source set-aside.

c) Updated New Source Growth Estimates. 

The §309 States have reviewed the new Memorandum and have determined that the 

new source growth estimate should be reduced from 20,000 tons SO2 to 6,600 tons 

SO2. Of this total, approximately 4,000 tons SO2 can be attributed to new units in 

Wyoming that are currently operating, or have commenced construction (Wygen 

Units II and III, Dry Fork Station, and Two Elk Unit 1). This leaves a remaining 

estimate of new source growth that has not been attributed to a specific plant of 2,600 

tons SO2. 

This estimate is consistent with the 2009 ERG Final Technical Memorandum. As 

outlined in Table 3 of that Memorandum (summarized below) an additional 61.99 

billion kWh of coal-fired electricity generation will be needed between 2002 and 

2018. 
90

Future Coal-Fired Electricity Generation (billion kWh)

258.7 2002 Electricity Generation

320.69 2018 Electricity Generation

61.99 Needed Generation

Future Coal-Fired Electricity Generation From Existing Sources, and Those Under 

Construction (billion kWh)

16.6 Unused capacity at existing 2002 facilities

5.34 Capacity at post-2002 facilities

14.43 Estimated generation capacity of the 6 EGUs under construction

36.37 Total

25.62 New Source Growth Needed in WRAP Region (billion kWh)

As shown above, 36.37 billion kWh can be met by the combination of unused 

capacity from existing sources plus new sources that are in operation or under 

construction (including the three plants in Wyoming that are described above). This 

leaves a remaining 25.62 billion kWh that would be met by new coal plants in the 

region.

The need for new source growth beyond what is already under construction is 

supported by estimates of future electricity demand in the region. For example, the 

Integrated Resource Plan submitted by PacifiCorp to the Utah Public Service 

Commission in May 2009 estimates a capacity deficit of 3,520 MW by 2018. The 

IRP meets that deficit through a combination of new natural gas-fired plants, 

renewable resources, and demand side management and does not include plans for 

new coal-fired generation. This is a change from the 2006 IRP (submitted in 2007), 

that included plans for new coal generation in Utah (340 MW) and Wyoming (527 

MW) by 2018. However, the 2008 IRP also increased the estimated front office 

transactions (power purchased on the open market), from 249 MW in the 2006 IRP to 

800 MW in the 2008 IRP for the year 2018. Because future demand exceeds existing 

capacity as shown in Table 3 of the ERG Final Technical Memorandum, it is 

reasonable to assume that new plants (including potential merchant plants built by 

other entities) will be needed to meet this demand for purchased power in 2018. 

Table 4 in the Final Technical Memorandum identifies 8,880 MW that are being 

permitted in the region. The Memorandum states, “However, if 39% of the new coalfired EGU plant capacity currently in the permitting process is brought on-line, then 

the 2008 coal-fired EIA projection for 2018 will be met.” (see page 7). Therefore, the 

estimate of future coal-fired EGUs in the 12-state region is 3,463 MW. 

Approximately 25% of the MWs listed in Table 4 as “being permitted” are located in 

Utah and Wyoming, therefore it is reasonable to estimate that 900 MWs (conservative 

emission estimate of 2,600 tons SO2) of future coal-fired EGUs be attributed to the 

§309 States.

 
91

3. Non-EGUs

The Methodology for projecting emissions from "Other Industrial Sources" is described in E.H. 

Pechan's October 2006 Report, 2018 SO2 Emissions Evaluation for Non-Utility Sources- Final. 

The report is posted online at 

http://www.wrapair.org/forums/ssjf/documents/eictts/projections.html.

a) The SO2 emissions for 19 Natural Gas Processing Plants were updated by Environ in 

April 2007, with additional research into future O&G Operations. The September 

2007 Final Report with results of that update is posted at 

http://www.wrapair.org/forums/ssjf/documents/eictts/oilgas.html.

b) The 2005 SO2 Milestone Report had some sources which were not picked up in the 

Pechan Report. In those cases, the 2005 emissions were used as a placeholder for the 

2018 emission values.

c) The projections do not specifically break out emissions from existing sources vs. new 

sources. For purposes of establishing a new source set-aside, 2006 emissions were 

assumed to be the baseline emissions for existing sources, and the projected increase 

in emissions between 2006 and 2018 is attributed to new source growth.

There have been steady SO2 emission reductions from the non-utility sector since 1990. Several 

major sources were shut down, including two copper smelters (BHP San Manuel and Phelps 

Dodge Chino: 69,491 tons SO2 in 1990) and a steel mill (Geneva Steel: 8,473 tons SO2 in 

1990). Kennecott Utah Copper reduced SO2 emissions by 25,000 tons SO2 during the mid1990s. During this same time period, oil and gas production increased substantially in all three 

states requiring upgrades to processing plants and other facilities to address potential air quality 

problems. These upgrades have largely been completed, and it is anticipated that future 

emissions will reflect growing demand for natural gas in the Western US. As can be seen in 

Figure 1, emissions have leveled off in recent years and are likely to increase as the US emerges 

from a major recession in coming years. The 2006 EH Pechan Report describes in detail the 

methodology that was used to project future emissions for each source category. 
92

Figure 1. Non-Utility Emission Trends

Table 2 summarizes the projected 2018 baseline SO2 emissions for the 3-state region.

Table 2. 2018 Baseline

Projected 2018 SO2

Emissions Baseline

Utility 128,409

Non-Utility 49,961

New Source Growth Utility 6,600

New Source Growth Non-Utility 5,686

Total 2018 Baseline 190,656

Non-utility SO2 Emission Trends 2000-2008

0

20000

40000

60000

80000

100000

120000

1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Nonutility
93

E. Estimated Emission Reductions Due to BART

The SO2 milestones and Backstop Trading Program were designed primarily to achieve 

reasonable progress towards meeting the long-term visibility goal. As outlined in the Regional 

Haze Rule, in cases where an alternative program has been designed to meet requirements other 

than BART, States are not required to make BART determinations under 40 CFR 51.308(e) and 

may use simplifying assumptions in establishing a BART benchmark based on an analysis of 

what BART is likely to be for similar types of sources within a source category. Emission 

estimates for 2018, assuming the application of BART for SO2 on all subject-to-BART sources 

in the three states, were prepared and are compiled in a spreadsheet named “10-6-

10_milestone.xls” (see technical support documentation). The 2018 estimates for these sources 

are estimates of actual emissions and therefore reflect greater emission reductions than would be 

enforceable in a case-by-case BART permit. The methodology that was used to estimate these 

emission reductions is described below.

1. Utilities - Presumptive BART. 

All utilities that were determined to be subject to BART were assumed to be operating at the 

presumptive emission rate established in 40 CFR Part 51, Appendix Y (0.15 lb/MMBtu). Actual 

emissions at this presumptive emission rate were estimated for 2018.

2. Other Sources. 

The SO2 milestones were primarily designed to achieve reasonable progress for all sources of 

SO2 in the 3-state region and therefore the Regional Haze Rule allows States to use simplifying 

assumptions in establishing the BART benchmark. EPA has not established presumptive 

emission rates for non-utilities, therefore another approach was needed to estimate emission 

reductions from four boilers located at two trona facilities in SW Wyoming. Recent pollution 

control projects achieved a 63% reduction in SO2 from two of the boilers, and represent 

reasonably stringent controls, considering the age and purpose of the facility. Therefore, the 

emission rate achieved by these projects is used as the BART benchmark for the four boilers. 

I. General Chemical Soda Ash Partners, Green River Plant

C Boiler

Constructed in 1/74

Fuel Analysis for coal: 262,800 tons/year; 534 x 10e6 BTU/hr site rated capacity

Emission limit for SO2 1.2 lb/MMBtu; 640.8 lb/hr; 2806.7 TPY

D Boiler

Constructed in 1/75

Fuel Analysis for coal: 388,000 tons/year; 880 x 10e6BTU/hr site rated capacity

Emission limit for SO2 1.2 lb/MMBtu; 1056.0 lb/hr; 4625.3 TPY

II. FMC Wyoming Corporation Westvaco Facility

NS-1A

Constructed in 1975

Modified 8/2007 (New chevron mist eliminators installed in venturi scrubber)

Fuel Analysis coal: 380,888 tons/year; 887 x 10e6 BTU/hr site rated capacity

Emission limit for SO2 0.54 lb/MMBtu; 
94

NS-1B

Constructed in 1975

Modified 7/2008 (New chevron mist eliminators installed in venturi scrubber)

Fuel Analysis coal: 380,888 tons/year; 887 x 10e6 BTU/hr site rated capacity

Emission limit for SO2 0.54 lb/MMBtu

All four boilers were originally constructed in SW Wyoming for purposes of processing trona in 

the mid 1970’s. As process units, these four boilers are subject to greater load swings than would 

be experienced at electric generating units which typically come up to full operating levels and 

stay there. All four boilers were at one time operating under emission limits of 1.2 lb/MMBtu. 

All four boilers are roughly the same size with site rated capacities between 880 MMBtu/hr and 

887 MMBtu/hr except for the oldest boiler, C Boiler at General Chemical at Green River rated at 

534 MMBtu/hr. All four boilers burn primarily coal with oil and gas used as start up fuels. All 

four units have been participating in the SO2 Backstop Trading Program, reporting inventories 

annually as required by Wyoming Air Quality Standards and Regulations. 

Two of the four units, NS-1A and NS-1B operated by FMC, sought early SO2 reductions in 2007 

and 2008, respectively, as participants in the §309 program. These two units reduced SO2

emissions by 55 percent or 5,126 tons collectively, from both units. New chevron mist 

eliminators were installed on venturi scrubbers to accomplish this reduction. Since that time, 

FMC has reviewed additional reductions resulting in a total reduction from the 2018 baseline of 

5,827 tons or an additional 701 tons. Total reduction from the 1.2 lb/MMBtu emission rate is a 

63 percent removal rate. The State of Wyoming has reviewed these additional reductions and has 

determined that they represent reasonably stringent controls, considering the age and purpose of 

the facility.

In a similar fashion, the State has reviewed potential SO2 reductions at the General Chemical 

facility at Green River and has concluded that a 63 percent removal rate is also appropriate for 

the two boilers located at that facility. As was mentioned above, these facilities are similar in 

age and purpose. General Chemical boilers C and D are currently permitted at 7,432 tons of SO2

operating at 1.2 lb/MMBtu. The State would expect that reasonably stringent controls at this 

facility would result in a similar 63 percent reduction from the same starting point of 1.2 

lb/MMBtu. Reviewing reductions from the 2018 milestone baseline, the General Chemical 

boilers would be looking at reducing emissions by 2,669 tons. 

While the 2018 milestone baseline level is not the same for the two companies, the State has 

determined that equitable treatment of like facilities would require similar reductions from the 

two companies prior to the §309 program. Both companies would be reducing emissions from a 

starting point of 1.2 lb/MMBtu down to 0.45 lb/MMBtu. In the case of FMC, who made early 

reductions in the program, an additional 701-ton reduction is expected to be achieved. In the 

case of General Chemical, 2,669 tons will be achieved. The total reduction from both facilities 

has been estimated at 3,370 tons. The State has determined that these are reasonably stringent 

controls and the resulting emissions would serve as an adequate BART benchmark.

 
95

3. Summary.

The estimated emission reductions due to the application of BART in the §309 States are 

summarized in Table 3.

Table 3. Emission Reduction Due to BART

2018 Baseline SO2 2018 SO2 With BART Emission Reduction 

Due to BART

Utilities 128,409 82,972 45,437

Non-Utilities 49,961 46,661 3,370

Total 48,807

F. 2018 BART Benchmark

2018 Baseline 190,656

Estimated BART Reductions -48,807

Total 141,849

G. Milestones Provide Greater Reasonable Progress Than BART

The Regional SO2 milestone of 141,849 equals the BART benchmark, but provides greater 

reasonable progress than BART for the reasons outlined below.

1. Early Reductions.

The GCVTC recommended that the market trading program "contain specific provisions to 

encourage and reward early emission reductions, including reductions achieved before 2000."3

 

The GCVTC committed to achieve a 13% reduction in SO2 emissions from stationary sources by 

the year 2000. The GCVTC also recognized that there was a good possibility that actual 

emission reductions would be greater than this 13% goal. A general plan was derived to give 

some early reductions credit to the region and some to the environment. The emission reductions 

that were greater than 13% were to be split, with 1⁄2 going to the environment (through the 

establishment of milestones) and the other 1⁄2 providing headroom.4

Sulfur dioxide emissions decreased by 25% in the 9-state GCVTC region between 1990 and 

2000, and SO2 emissions in the three §309 states 33% in that same time period. 

The regional milestones have been in effect since 2003 when the original five participating states 

submitted regional haze SIPs, as required by Section 309 of the Regional Haze Rule. The 2003 

SIP was designed to provide flexibility so that sources could find the most cost-effective way to 

reduce SO2 emissions, including over-controlling some plants while opting for lower cost 

 

3 Recommendations for Improving Western Vistas at 33 (June 1996).

4 Id. at 34.
96

controls at other plants. The 2003 SIP was also designed to encourage early reductions by 

providing an extra allocation for sources that made reductions prior to the program trigger year. 

The 2003 SIP influenced the long-term planning for sources in the region, and utilities began 

upgrading plants based on the provisions of the SIP years earlier than would have been required 

under a case-by-case BART determination in a §308 SIP. 

Emissions in the 3-state region decreased an additional 31% between 2000 and 2008.

5

Figure 2 shows the emission reductions from 1990 baseline emissions in the §309 states that will 

have been achieved by 2018. This total 60% reduction from 1990 emissions is well on the way 

to the GCVTC goal of reducing SO2 emissions by 50% - 70% by the year 2040.

Figure 3 shows the sulfate contribution to visibility at the long-term IMPROVE sites located on 

the Colorado Plateau. As can be seen from these graphs, there has been a steady decrease in the 

visibility impact due to sulfates. The trend is especially apparent on the 20% best days that are 

not affected by the variability of fire emissions in the region.

 5 WRAP 2008 Regional Emissions and Milestone Report, March 31, 2010. 
97

Figure 2. Emission Trends

§309 SO2 Backstop Cap and Trade Program - 

Emissions, Modeling EI, and Milestone Program Data 

(no tribal sources)

-

50,000

100,000

150,000

200,000

250,000

300,000

350,000

400,000

Tons per year

NM 140,177 79,011 37,918 31,068 31,012 

UT 84,983 37,483 42,183 44,175 35,429 

WY 133,204 122,373 120,991 113,465 96,809 

3-State Total 358,364 238,867 201,092 188,708 200,722 155,940 163,250 141,849 

1990 2000 2002 

(Plan02d)

2006 Milestone 

Report 2008 Milestone 2013 Milestone 2018 (PRP18b) 2018 Milestone
98

Figure 3. Sulfate Contribution to Light Extinction at Class I Areas on the Colorado Plateau.6 

Series – Aggregation: Best 20%, Worst 20%, Best 20% 2000-2004 Baseline, Worst 20% 2000-2004 Baseline, 

Metadata – Program: IRHR2, Poc: 1, Parameter: ammSO4_bext, Method: RHR Dataset.

 6 Only those Class I areas on the Colorado Plateau with at least 15 years of data are included in this 

figure.
99
100
101

2. Additional Sources Included. 

The Backstop Trading Program includes all stationary sources with emissions greater than 100 

tons/year of SO2. The §309 States designed this program as part of an overall strategy to address 

all sources of visibility impairing pollutants, rather than focusing on a subset of stationary 

sources. 

 2006

Number of Sources Emissions Percentage

Subject to BART 10 121,542 62%

Other Stationary Sources 63 73,038 38%

The inclusion of all major SO2 sources in the program is necessary to create a viable trading 

program, and also serves a broader purpose to ensure that growth in emissions from sources that 

are not subject to BART does not undermine the progress that has been achieved. BART applied 

on a case-by-case basis would not affect these sources, and there would be no limitation on their 

future operations under their existing permit conditions. Because the milestones will cap these 

sources at actual emissions (which are less than current allowable emissions), the overall effect 

of their inclusion is to provide greater reasonable progress than would have been achieved if only 

sources that are subject to BART were included in the program.

3. Cap on New Source Growth. 

When Congress established the visibility program in 1977 it declared as a national goal "the 

prevention of any future, and the remedying of any existing" anthropogenic visibility impairment 

in mandatory Class I federal areas.7

 BART is an emission limitation established at a specific 

source and is designed as a remedy to impairment at specific mandatory Class I areas. By 

contrast, the SO2 milestones developed by the §309 States serve the dual purpose of remedying 

existing impairment and preventing future impairment by requiring regional SO2 emissions 

reductions and capping emissions for stationary sources. Future impairment is prevented by 

capping emissions growth from sources not eligible under the BART requirements, from sources 

subject to BART that are expected to significantly increase utilization, and from entirely new 

sources in the region.

The milestones include estimates for growth, but then lock these estimates in as an enforceable 

emission cap. The milestone approach is consistent with the statutory goal of preventing any 

future visibility impairment that results from man-made air pollution. The entire region is 

experiencing rapid growth which could erode the progress that has been achieved in the last two 

decades towards improving visibility. BART applied on a case-by-case basis would have no 

impact on future growth, and in the long run would not achieve the regional emission reductions 

that are guaranteed by the program. 

 

7

 CAA § 169A(a)(1).
102

4. Commission Strategies are a Total Package. 

The GCVTC recommendations were developed as a comprehensive strategy includes strategies 

to address mobile sources, prescribed fire, pollution prevention, and Clean Air Corridors. The 

stationary source strategies need to be viewed as part of this overall package. Visibility 

impairment in the west is caused by multiple sources and pollutants, and a narrow focus on 

stationary sources may not achieve the same results as a broad-based program. When viewed as 

part of the entire SIP, the milestones achieve much greater reasonable progress than BART.

5. Mass Based Cap has Inherent Advantages Over BART 

The baseline emission projections and assumed reductions due to the assumption of BART-level 

emission rates on all sources subject to BART are all based on actual emissions, using 2006 as 

the baseline. The use of actual emissions has an effect in several ways. If the BART process 

was applied on a case-by-case basis to individual sources, emission limitations would typically 

be established as an emission rate (lbs/hr or lbs/MMBtu) that would account for variations in the 

sulfur content of fuel and alternative operating scenarios. The difference between actual 

emissions and allowable emissions is particularly large when a source is permitted to burn two 

different fuel types, such as oil and natural gas, or when the source is part of a cyclical industry 

where production varies from year to year due to the changing demand for their product. A 

mass-based cap that is based on actual emissions is more stringent because it does not allow a 

source to consistently use this difference between current actual and allowable emissions.

Another difference is that mass-based limits will include excess emissions that may occur due to 

malfunctions or during the start-up or shut-down of emission units. A good example of this 

difference is the requirement in the acid rain program that emissions must be assumed to be the 

highest value recorded from the past year during the time period that continuous emission 

monitors are not functioning on a stack. These higher emissions are calculated as part of the 

overall tons/year, and must be accounted for under the mass-based cap for the acid rain program.

6. Tribal Set-Aside

The GCVTC recommended a market based program to address stationary source emissions of 

SO2. The GCVTC recommended that the market based program include allocations to tribes that

are of practical benefit.8 This recognized the concern that "tribes, by and large, have not 

contributed to the visibility problem in the region" and that "[t]ribal economies are much less 

developed than those of states, and tribes must have the opportunity to progress to reach some 

degree of parity with states in this regard."9 The tribes specifically recommended that if an 

emission trading strategy is adopted to achieve SO2 reductions from stationary sources that 

allocations be based on considerations of equity rather than historical emissions: 

 

8 Recommendations for Improving Western Vistas (June 1996). at 35.

9

Id. at 66-67.
103

Credits should not be based on historical emissions, but should be based on equitable 

factors, including the need to preserve opportunities for economic development on tribal 

lands. In general, these lands are currently lacking in economic bases and have not 

contributed to the visibility problems.10

Accordingly, the Backstop Trading Program contains a 2,500 allocation to tribes in the GCVTC 

region. Case-by-case BART permits would not provide this practical benefit to tribes that was 

an integral part of the GCVTC recommendations.

7. Other Class I Areas Also Show Improvement in Visibility

In addition to demonstrating successful SO2 emission reductions, §309 states have also relied on 

visibility modeling conducted by the WRAP to demonstrate improvement at Class I areas. The 

complete modeling demonstration showing deciview values was included as part of the visibility 

improvement section in each of the State §309 SIPs, but the SO2 portion of the demonstration 

has been included below as Table 4 to underscore the improvements associated with §309 SO2

reductions and further demonstrate why the §309 program is better than BART. 40 CFR 

51.309(g)(2)(i) allows states to build upon the strategies implemented in a §309 program and 

take full credit for visibility improvement achieved through these strategies when addressing 

additional Class I areas. This table demonstrates achievements in visibility in these additional 

Class I areas (off the Colorado Plateau) in and surrounding the three states participating in the 

§309 program. For the most part, the table shows projected visibility improvement for 2018 with 

respect to SO2 on the worst days and no degradation on the best days. There is one Class I area 

in New Mexico off the Colorado Plateau that is not showing improvement on the worst days. 

The State of New Mexico has reviewed the emissions data related to impacts in the Gila 

Wilderness and has determined that the visibility degradation is largely due to increasing point 

source emissions from Mexico.

 

10Id. at 71.
104

Table 4. Visibility - Sulfate Extinction Only

Class I Area Monitor

(Class I Areas Represented)

20% Worst Visibility Days

(Monthly Average, Mm-1)

20% Best Visibility Days

(Monthly Average, Mm-1)

2018 1

Base Case

(Base 18b)

2018 2

Preliminary

Reasonable

Progress Case

(PRP18a)

2018 1

Base Case

(Base 18b)

2018 2

Preliminary

Reasonable

Progress Case

(PRP18a)

Bridger, WY

(Bridger WA and Fitzpatrick WA) 5.2 4.3 1.6 1.3

North Absaroka, WY

(North Absaroka WA and Washakie WA) 4.8 4.5 1.1 1.1

Yellowstone, WY

(Yellowstone NP, Grand Teton NP and Teton WA) 4.3 3.9 1.6 1.4

Badlands, SD 17.8 16.0 3.5 3.1

Wind Cave, SD 13.0 12.1 2.7 2.5

Great Sand Dunes NM, CO 5.3 4.9 2.0 1.8

Mount Zirkel, CO

(Mt. Zirkel WA and Rawah WA) 4.6 4.1 1.4 1.3

Rocky Mountain, CO 6.8 6.2 1.3 1.1

Gates of the Mountains, MT 5.3 5.1 1.0 1.0

UL Bend, MT 9.7 9.6 1.8 1.7

Craters of the Moon, ID 5.8 5.5 1.5 1.5

Sawtooth, ID 3.0 2.8 1.2 1.1

Bandelier NM, NM 6.4 5.9 2.4 2.2

Bosque del Apache NWRW, NM 7.0 6.6 2.7 2.5

Gila W, NM 6.2 6.7 1.8 1.8

Salt Creek NWRW, NM 14.4 14.0 3.3 3.1

Wheeler Peak, NM

(Pecos W and Wheeler Peak W) 4.7 4.4 1.1 1.0

White Mountain W, NM 8.9 8.7 1.8 1.7

Great Basin NP, NV 4.1 4.1 1.2 1.2

Jarbidge W, NV 3.8 3.4 1.3 1.2

Chiricahua, AZ

(Chiricahua NM, Chiricahua W, Galiuro W) 7.4 7.4 2.2 2.1

Ike’s Backbone, AZ

(Mazatzal W, Pine Mountain W) 6.1 5.9 2.2 2.1

Queen Valley, AZ 7.5 7.5 3.0 3.0

Saguaro NM, AZ 7.1 6.8 2.6 2.5

Saguaro West, AZ 7.3 7.1 3.2 3.1

Sierra Ancha, AZ 6.0 5.8 2.2 2.1

Superstition, AZ 6.7 6.5 2.7 2.6

Guadalupe Mountains NP, TX

(Carlsbad Caverns NP, NM and Guadalupe 

Mountains NP, TX)

13.7 13.6 3.3 3.2

1 Represents 2018 Base Case growth plus all established controls as of Dec. 2004. No BART or SO2 Milestone assumptions were included. 2 Represents 2018 Preliminary Reasonable Progress growth estimates and established SO2 limits.
105

H. Comparison of Trading vs. Command and Control BART Requirements 

During the development of the Annex, the WRAP conducted modeling to determine whether the

distribution of emissions under the Backstop Trading Program would differ substantially from 

the distribution of emissions assuming installation of BART or would disproportionately impact 

any Class I area due to a geographic concentration of emissions. The results of this modeling are 

included in Tables 2 and 3 of Attachment C to the Annex11. Attachment C, Section G concludes, 

“The results of this analysis showed that the maximum difference between the two scenarios at 

any of the Class I areas was only 0.1 deciviews.12”

 

11 Voluntary Emissions Reduction Program for Major Industrial Sources of Sulfur Dioxide in Nine 

Western States and A Backstop Market Trading Program, an Annex to the Report of the Grand Canyon 

Visibility Transport Commission (September 2000) at C-15 and 16.

12 Id. at C-21.