# Department of Environmental Quality

Matthew H. Mead, Governor January 3 0 , 2 013

Mr. Jame s B. Martin Regional Administrator USEPA Region 8 To protect, conserve and enhance the quality of Wyoming's environment for the benefit of cu rrent and future generat ion s
.

1595 Wynkoop Street Denver , CO 80202-1129 Todd Parfitt, Director



### RE: State Implementation Plan Approval Request- Chapter 2, Ambient Standards, Section 3 , Ambient standards for nitrogen oxides, Section 6, Ambient standards for ozone, and Section 12, Incorporation by reference (R-20)
Dear Mr. Martin:
On Octob e r 5, 2012 , the Environmental Quality Council of the Wyoming Department of E nvironmental Qua lity conducted a public hearing pur s uant to 40 CFR 51.102 to consider the adoption of revision s a nd additions to the W yom ing Air Q u a lity Standards and Regulation s (WAQSR). Revi s ion s affect in g the State Implementation Plan (SIP) in vo l ve Chapter 2 , Ambient Standards , Sect ion 3, Ambient s t a ndard s for nitro ge n oxides, Section 6 , Ambient s tandard s for ozone, and Section 12 , Incorporation by referen ce
. Section 3 of C h apter 2, Ambient s tandard s for nitrogen oxides, was revi se d to bring the 1-hour a nnual ambient standard up to date with the Nationa l Ambient Air Quality Standards (NAAQS). C hapt er 2, Section 6 , Ambient s tandard s for ozone , wa s revi se d to brin g the 8-hour primary and se c o ndary
s tandard s up to date with the NAAQS. Section 1 2 o f Chapter 2, Incorporation b y ref e r

e n ce, was updated to adopt by reference from the Code ofFedera l Regulation s (CFR) for July I , 20 11.
After r ev iewing commen ts received before or during the h earing, the Council approved the propo se d revi s i o n s on October 5, 2012. Pursuant to the Wyoming Admini s trative Procedure s Act, the revi s ion s were forwarded to the Governor's Office for approva l and then tran s mitted to the Secretary of State's Office and became effective on December 19 ,2 012.
Since a ll of the nece ss ary Stat e revie ws and approva l s have been sec ured , I am s ubmitting one paper copy and one electronic copy (in

. pdf form a t on CD) of th e re v isions to the State Implement at ion Plan. The electronic copy is an exact duplicate of the paper copy.
The following adm ini s trative m ate ri a l s are in c lud ed in the plan s ubmi ss i o n and ha ve be e n attached for your revi ew:
1. A co py of the s tamped C ertification Page by th e Secretary of State indicatin g the effective date of th e r ev i s ion s. The Certification Page, whic h ha s been s igned b y the Governor and Director of the Department of E nvironmental Qua li ty, documents the nece ssary l egal aut hori ty under State l aw to ado pt a nd implem en t the revised regulations and a l so pro v ide s

ADMIN / OUTREACH (3 0 7) 777·7758 F AX 777

- 7 6 82 Herschler Building · 122 West 25th Street · Cheyenne, WY 82002 · http://deq.state.wy.us
ABANDONED MINES (307) 777-6 1 45 FAX 777

- 6462 AIR QUALITY (3 0 7 ) 777

- 739 1 F AX 777-5 6 1 6 INDU S TRIAL S ITI NG (3 0 7) 777

- 736 9 F AX 777-5973 LAND QUALITY S OLID & HAZ. WASTE (3 0 7 ) 777

- 7756 (3 0 7) 777-775 2 FAX 777

- 5 864 FAX 777

- 5 9 73 WATER QUALITY ( 3 07 ) 777

- 778 1 FAX 777- 5 973

### Mr. James B. Martin January 30, 2013 Page 2

evidence, along with the attachments listed below , that Wyoming followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption of the plan. The rules became effective December 19, 2012.
2. A May 4, 2012 memorandum from John Corra, the presiding Director of the Department of Environmental Quality at the time , to the Governor's Office requesting approval to proceed with the rulemaking.
3. An October 18 , 2012 review from the Legislative Service Office, finding the revised regulation s within the scope of intent of legislative authority

. 4. A copy of the notices issued by the Air Quality Divi s ion for public hearings with a list of new s papers and dates of publication.
5. A copy of the Statement of Principal Reasons that was adopted with the rules.
6. A copy of the summary of comments and responses.
7. A list of signatures of witnesses present at the October 5 , 2012 hearing as well as a copy of the agenda.
8. Two copies of the revised chapter, one copy s howing where r ev i sio n s were mad e in underline and strikeout and a seco nd copy with all the revisions incorporated.
With thls s ubmission I am asking for Environmental Protection Agency approval of the revi se d State Implementation Plan for the State of Wyoming to include Chapter 2, Ambient Standards, Section 3, Ambient standards for nitrogen oxides , Section 6 , Ambient sta ndards for ozone, and Section 12 , Incorporation by reference , of the Wyoming Air Quality Standards and Regulation s as revised December 19, 2012.
If you have any questions regarding this submittal, please feel free to contact Steven A. Dietrich , Air Quality Administrator, at 307-777-7391. Sincerely,



# .- I oW- 

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Todd Parfitt Director
Enclosures

cc: Steven A. Dietrich , Administrator, Air Quality Division w / o enc. Christine Anderson, Air Quality Division w/enc. Jeni Cederle, Air Quality Division w/enc. Carl Daly, EPA Region 8 w/o enc.1. Genera/Information
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. .!.I Th e Statement of Reasons is attached to this certifi c ation

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. If applicab l e , describe the emergency wh i ch requires promulgation of these rules w i thout prov i d i ng not i ce or an opportun i ty for a pub li c hearing :

3. State Government Notice 

## of Intended Rulemaking '·**':-~_** a

. Date on which the Notice of Intent conta i ning all of the information required by W

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. 16

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- 1 03(a ) was filed w i th the Secretary of State : 

### August 1, 2012 b

. Date on which t h e Noti c e of Intent and proposed rules in strike and underscore format were pro vi ded to th e Legi s lative Service Office :



### . August1,2012

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. Date on which the Notice of Intent and proposed rules in strike and underscore format were provided t o the Attorney General : 

## August 1 ' 20124. Public Notice 

## of Intended Rulemoking '**·~ ~**  ! a

. Notice wa s mailed 45 day s in advance to all persons wh o made a timely req ues t for advance notice

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### D N o 

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. A publ ic hea rin g was held on the proposed**rules. ~**  Yes 0No
lf ' Yes:' Date : Time : City: Location : 

### October 5, 2012 9:00A

. M. Cheyenne Herschler Building

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### Conference Room 863 122 W. 25th Street

5. Final Filing 

## of Rules :-
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. Date on which the ?ert ific at ion Page with original signatures and fi na l rules were sent to the Attorney General's Office 

### O t b 11 2012 for the Governor's Signature : 

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. Date on which final rules were sent to the Legislative Service Office : 

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. Date on which a PDF of t he final rul es was e lectronically sent to the Secretary of State : 

## October 11 , 2012

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.**Ag,~ncvl.Board** ceri:lfi.cg,tion**~-** .. The undersigned certifies that the foregoing infonmati<ln is**c~rrect.** A Signature of Authorized Individual

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. Corra Signatory Title 

## I [)(rector
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### October 11, 2012 7. Governor's Ced,ifi.cation f" 

### .·. :,_. I have reviewed these rules and detenmined that they :
1. Are within the scope of the statutory authority delegated to the adopting agency ; 2. Appear to be within the scope of the legislative purpose of the statutory authority ; and, i f emergency rules, 3. Are necessary and !hall concur in the finding that they are an emergency. Therefore, I approve the same. Governor's Signatur e 

# __-L_ 

# --;7d- qate of Signature .: 

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Distribution List:
Attorney General 

## sos 1. Statement of Reasons ; 1. Statement of Reasons ; 1

. PDF of c l ean copy of ru les; and 2. Original Certification Page; 3. Summary of Comments (regular rules) ; 4. Hard copy of rules : clean and strike/underscore; and 5

. M e mo to Governor documen t ing e mergency (emerge ncy rules). 2

. Copy of Certification Page ; 3. Summary of C o mme nts (regular rules) ; 4. Hard copy of rules : clean and strike/underscore ; 5

. Electronic copy of rules : clean and strike/underscore; and 2

. Ha r d copy of Certification Page as de li vered b y the AG

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6. Memo to Governor documenting emergency (emergency rules). 

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### Max Maxfield Secretary of State 2r' 

### Administrative Rule Review Report- ARR12-079 Legislative Service Office October 18, 2012
AGENCY
DATE SUBMITTED:
SUBJECT :

NATURE OF RULES : STATUTORY AUTHORITY: Department of Environmental Quality
October 11 , 2012 Chapter 2

- Ambient Standards; Chapter 3 - General Emission Standards ; Chapter 5

- National Emission Standards ; Chapter 8

- Nonattairunent Area Regulations Legislative and Procedural.
W.S

. 35-11-112(a)(i) and 35-11-202(a)

.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO LSO: Apparently complete to date

. SUMMARY OF RULES : These rules amend several chapters of the Department of Environmental Quality, Air Quality Division (AQD) Ru1es and Regulations. These standards conform to federal requirements as expressed in 

### AQD's State Implementation Plan (SIP) with the Environmental Protection Agency (EPA). The rules contain technical descriptions of allowable emissions of certain chem ical compounds

. Following is a summary of the ru1e revisions by chapter. If you would like a copy of the rules in strike and underline format, please contact LSO. Chapter 2 (Ambient Standards) Chapter 2 establishes standards of ambient air qualit y necessary to protect public health and safety. Section 3 (Ambient Standards for Nitrogen Oxide), Section 4 (Ambient Standards for Sulfur Oxide) Section 6 (Ambient Standards for Ozone) are amended. Section 12 is amended to state that all Code of Federal Regulations (CFRs) cited in this chapter revised or published as of July 1 , 2011 are incorporated by reference in the rules. Chapter 3 (General Emission Standards) Chapter 3 establishes limits on th e quantity , rate or concentration of emissions of air pollutants. Section 4 (Emission Standards for Sulfur Oxide) has been removed because the regu1ations were superseded by more updated regulations. Section 9 is amended to state that all Code of Federal Regu l ations (CFRs) cited in this chapter revised or published as of July 1 , 2011 are incorporated by reference in the rules.

1C' 

### Chapter 5 (National Emission Standards) Chapter 5 incorporated emission control regulations developed by the EPA for specific source categories. AQD incorporated the federal regulations into the state regulations to maintain administrative authority with regard to the standards. Section 3 (Emission Standards for Hazardous Air Pollutants) is revised to remove the incorporation by reference of 40 CFR part 63, Subpart 

### DDDDD (National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters), which has been vacated. Chapter 8 (Nonattainment Area Regulations) Chapter 8 establishes regulations specific to areas not attaining the National Ambient Air Qualit,y Standards. These rules create a new Section 5 which incorporates by reference all CFRs cited in Chapter 8 and their Appendices.
FINDINGS: The rules appear to be within the scope of statutory and legislative intent.
STAFF RECOMMENDATION: That the rules be placed on the Consent list and be approved by Council as submitted by the agency.

2

# ~4(Ly({'}y Matthew 

### D. Obrecht Staff Attorney

# ~0.~ Gerald W. Laska Staff Attorney

### Response to Comments for Ai r Quality Division Rulemakings B efore the Environmental Quality Council ( EQC ) on October 5 , 2012

1. Basin Electric Power Cooperative, dated and received September 17, 2012 Comment Summary: Basin Electric supports the changes to the rule. Response: The Air Quality Division (AQD) appreciates the support. 2. Wyoming Mining Association (WMA) , dated and received September 17, 2012 Comment Summary: WMA supports the proposed rules in general. W MA recommends that the EQC adopt the rules as written. WMA provided an explanation of the S tate stakeholder process that provide s current authority. Response: The AQD appreciates the support. Comment Summary: WMA also has concerns with a future administ ration imposing fees on greenhouse gases and would like to incorporate wording in the Statement of Principal Reasons that puts in writing that the Department of Environmental Quality (DEQ) has no plans to collect fees for greenhouse gases

. Response: John Corra, DEQ Director, has indicated publically that there are no plans to c ollect fees for greenhouse gas emissions. Furthermore, the legislation that has enabled the DEQ to go through the rulemaking process to allow for permitting of greenhouse gases restr icts the Department from creating rules that are more stringent t han federal rules on greenhouse gas permitting. Since the federal rules do no t require fee collection for greenhouse gas permitting, the State would not be allowed to collect fees for these emissions either. The proposed rules are silent on the topic of fee collection, but the Department believes that the underlying legislation will prevent any fee collection in the foreseeable future. If EPA decides to collect fees at a future date, it wil l take time for EPA to run through that public process , at which time DEQ and stakeholders will have an opportuni ty to discuss the issue further along with any budgeting concerns of the Division.
3. Petroleum Association of Wyoming (PAW), dated and recei ved on September 17, 2012
Co mment Summary: PAW supports the rule changes , particu larly those pertaining to greenhouse gases and n onattainment area regulations. Response: The AQD appreciates the support. Comment Summary: PAW also comments that it does no t want the DEQ to collect fees for greenhouse gas emissions. Response: Please see response to WMA above on the subject of fees.

### Response to Comments Before the EQC

October 5, 2012 Page 2

Comment Summary: PAW supports the Division’s changes to Chapter 8 to align State General Conformity Rules with the federal General Conformity Rules. In particular , PAW is very supportive of the changes in Section 3(k)(i)(C) and Section 3(n). Response: The AQD appreciates the support. Comment Summary: PAW suggests a wording change i n Chapter 8, Section 3(o)(iii)(C), which says that emission credits must be used in the same year they are generated. PAW would like to change that to “w ithin 12 months of being generated and approved by the state.” Response: While the AQD appreciates PAW’s concern, it is extremely difficul t to change wording in a federal rule and get it approved into the SIP. Rather than make a change to the rule language that could jeopardize the approval of the rule, the AQD could address this issue of timing through guidance at a later date when this fe ature of the rule might be used. Furthermore, this rule will apply to all fut ure nonattainment areas in the s tate, not just the Upper Green, so it is difficult to assess whether fighting for such a change would be in the State’s best interest in the long run. Finally, while the AQD agrees that there is a lot of merit to an emission credit system to deal with emissions in nonattainment areas, trying to create such a system within the context of general conformity might be problematic since a Federal agency , not the AQD , would be the lead agency

. 4. Black Hills Corporation, dated September 19, 2012 , received September 20, 2012 Comment Summary: Black Hills Corp oration supports the proposed greenhouse gas regulation s because it would prefer permitting action s take place through the State agency since dual permitting is a complicated and longer process without any kind of local appeals process. Black Hills also cited project operations and cost control for customers as important reason s for Wyoming getting pri macy for permitting back. Response: The AQD appreciates the support.
5. USDA

– Forest Service, dated September 27, 2012 , rec eived by internet unsigned September 27, 2012 Comment Summary: The Fore st Service supports changes to Chapter 8, Section 3 on G eneral Conformity to he lp stream line conformity decisions that the Forest Service is required to make. Response: The AQD appreciates the support.

### BEFORE THE ENVIRONMENTAL QUALITY COUNCIL STATE OF WYOMING
IN THE MATTER OF R E VISIONS TO SECTIONS ) THREE , FOUR, SIX AND TWELVE OF CHAPTER ) TWO ; REVISIONS TO SECTIONS FOUR AND NINE ) OF CHAPTER THREE ; REVISIONS TO SECTION ) THREE OF CHAPTER FIVE; AND REVISIONS TO ) SECTIONS ONE , THREE AND FIVE OF CHAPTER ) EIGHT OF THE WYOMING AIR QUALITY ) STANDARDS AND REGULATIONS ) STATEMENT OF PRINCIPAL REASONS FOR ADOPTION

1. The Environment a l Quality Council , pursuant to the authority vested in it by the Wyoming Statutes 35-11-112 (a) (i), has revised or removed the following chapters and sections to the Wyoming Air Quality Standards and Regulations. The following sections have been revised : Chapter 2 , Ambient Standards, Section 3 , Ambient standards for nitrogen oxides , Section 4 , Ambient standards for sulfur oxides , Section 6 , Ambient standards for ozone , and Section 12, Incorporation by reference ; Chapter 3, General Emission Standards, Section 9, Incorporation by reference; Chapter 5, National Emission Standards , Section 3, National emission standards for hazardous air pollutants ; and Chapter 8 , Nonattainment Area Regulations , Section 1 , Introduction to nonattainment area regulations, and Section 3 , Conformity of general federal actions to state implementation plans. Chapter 3, General Emission Standards, Section 4 , Emission standards for sulfur oxides , has been removed. Chapter 8, Nonattainment Area Regulations, Secti o n 5, Incorporation by reference, has been added.

2. Section 35

- 11-202 (a) of the Environmental Quality Act states that the Administrator, after consultation with the Advisory Board, shall recommend to the Director such ambient air standa r ds and regulations that may be necessar y to prevent , abate , or control pollution

. Section 35-11

- 202 (b) ofthe Act states that in recommending such standards the Administrator shall consider all facts and circumstances bearing upon the reasonableness of the emissions involved including: ( A) The character and degree of injury to, or interference with the health and physical well being of the people, animals , wildlife and plant life ; (B) The social and economic value of the source of pollution; (C) The priorit y of location in the area involved ; (D) The technical practicability and economic reasonableness of reducing or eliminating the pollution; and (E) The social welfare and aesthetic value.
3. Chapter 2 , Ambient Standards , Section 3 , Ambient standards for nitrogen oxides , and Section 4 , Ambient standards for sulfur oxides , have been revised to bring the 1-hour annual ambient standards up to date with the National Ambient Air Quality Standards (NAAQS). Section 4 , Ambient standards for sulfur oxides, has also been revised to remove the annual and 24-hour standards, and designate the 3-hour standard as a secondary standard in order to maintain consi s tency with the NAAQS. Section 6 , Ambient standards for o z one, has been revised to bring the 8-hour primary and secondary standards up to date with the NAAQS

. Section 12, Incorporation b y reference, was updated to adopt b y reference from the Code of F ederal Regulations (CFR) for July 1, 2011. The revisions to Section 3, Ambient standards for nitrogen oxides , Section 4 , Ambient standards for sulfur oxides , Section 6 , Ambient standards for ozone, and Section 12, Incorporation by reference, involve changes to the State Implementation Plan (SIP).

### 4. Chapter 3, General Emission Standards, Section 4 , Emission standards for sulfur oxides, has been removed. These regulations have been superseded by more updated regulations. Section 9 , Incorporation by reference , was updated to adopt by reference from the CFR for July 1, 2011. The revisions to Section 4, Emission standards for sulfur oxides , and Section 9, Incorporation by reference , involve changes to the SIP.
5. Chapter 5, National Emission Standards, Section 3 , National emission standards for hazardous air pollutants, has been revised to remove vacated 40 CFR part 63 , Subpart DDDDD (Boiler MACT). The version of Subpart DDDDD that was adopted by reference from the 2004 Federal Register has been superseded by a more recent rule. However , the more recent rule is currently under reconsideration, so it will not be adopted by reference in this rulemaking.
6. Chapter 8, Nonattainment Area Regulations, Section 1, Introduction to nonattainment area regulations, has been revised to reflect the addition of Section 5 , Incorporation by reference. Section 3, Conformity of general federal actions to state implementation plans, has been revised to maintain consistency with the federal regulations. Section 5 , Incorporation by reference, has been added to reference all CFR citations in Chapter 8. The revisions to Section 3, Conformity of general federal actions to state implementation plans, and Section 5, Incorporation by reference, involve changes to the SIP

. The Council finds that these regulations are reasonabl e and necessary to accomplish the policy and purpose ofthe ACT, as stated in W.S. 35-11-102 , and that they have been promulgated in accordance with rulemaking provisions of the Wyoming Administrative Procedures Act. 

### { --l i, /1 

### J 

### Dated this

- day of 

## c c - , 

### 2012

. 

# ·D. \}

.**~** Hearing Examiner- 

### 'Printe d{Name Wyoming Environmental Quality Council

2 Hearing Examiner 

### /S!fned Name Wyoming Environmental Quality Council

### ENVIRONMENTAL QUALITY COUNCIL SIGN IN SHEET FOR MEETING


### Place: Herschler Bldg., Conf. Rm**~** 

### Cheyenne, WY 

### Date: Jtlfj·**18~ 1!81~** 

## THE STATE OF WYOMING ENVIRONMENTAL QUALITY COUNCIL AGENDA The agenda may be amended at anytime, up to 24 ho urs prior to the meeting. Emergency items can be added at any time. Agenda items that do not have a specific time indicated can be taken up by the Council at any time.
MEETING DATE: October 5, 2012 – Herschler Bldg., Conference Rm. B63, Cheyenne, WY In Re THOMAS KINDLER #12-5601 Motion for Judgment on Pleadings: 8:30 a.m DEQ/AQD - RULEMAKING HEARI NG Dockets 12-2101 & 12-2102: 9:00 A.M. DEQ/WQD - RULEMAKING HEARING Docket 12-3104 : 1:30 P.M. DEQ/LQD-RULEMAKING HEARING Docket 12-4102 : 3:30 P.M. CALL TO ORDER - Introduction of Council and Staff
1. APPROVAL OF MINUTES A. July 13, 2012 B. July 13, 2012 Exec. Session
2. CONSENT AGENDA A. Notice of Violation and Order a. 12-3206 Country Meadow, LLC. : Effluent vi olations of the Wyoming Pollution Discharge Elimination System b. 12-3207 R.S. Bennett Construction: Violations at the Calpet Road construction site, failure to obtain coverage under the general permit for large construction activities, failure to submit a storm water pollution prevention plan a nd site map, failure to install effective best management practices to control storm wa ter runoff and failure to conduct inspections c. 12-3208 Anadarko Petroleum unpermitted releas e of a pollutant (CO2) into a water of the state resulting in chemical changes to the water quality. d. 12-3209 Town of Dayton; recurring efflue nt violations of the Wyoming Pollution Discharge Elimination System. e. 12-3210 Audrey Bergeson, Sewage discharge without proper treatment, construction of sewer system without a permit.

### f. 12-3211 MC Family of Companies, LLC, failu re to obtain and operate under a general permit to discharge storm water associ ated with Large Construction Activity. g. 12-3212 Badger Daylighting, unpermitted release of a petroleum pollutant into a storm water collection basin. h. 12-5207 Scott Yates, Storage tank, contamin ated site, failed ot pay 2012 tank fees. i. 12-5208 Frenchman Valley Farmers Cooperative, storage tank violations , lack of overfill alarms, lack of overfill restriction devices. j. 12-5209 WyColo Lodge, storage tank vi olation, failed to pay 2012 tank fee. k. 12-5210 Lincolnway Fast Break , storage tank violations, fa ilure to have Class A or B storage Tank Operator, Failure to perform an OAI, failure to pay annual tank fees B. ADMINISTRATIVE ORDER ON CONSENT a. 12-5902 Town of Manville: Operating a solid waste management faci lity without a valid permit. 3. APPROVAL OF ORDERS AND DISMISSALS A. Joint Stipulation for Modifi cation: Ram Trucking 12-5213A B. Joint Stipulation for Modification of Original Joint Stipulation and Order- EnviroTank 11-5208A 4. DISCUSSION A. Executive Secretary’s Report – Jim Ruby B. AG Report – John Knepper C. John Corra: DEQ enforcement tools. What are they?
ADJOURN In accordance with the Americans with Disabilities Act, special assistance or alternate formats will be made available upon request for individuals with disabilities.

# Environmental Quality Council Public Hearing October 5 , 2012
-- Public Notice

Newspaper Date of Publication Casper Star T ribune August 1 and 2 , 2012
Gille tte Ne ws Record August 2 , 2012 Cody Enterprise August 1 , 2012 Wyoming Tribune
- Eagle August 2 , 2012 Rock Springs Daily Rocket Miner August 1 , 2012Notice of Proposed Rulemaking Before The Environmental Quality Council By the Department of Environmental Quality Air Quality Division (AQD) The Environmental Quality Council (EQC) will hold a public hearing beginning at 9:00 AM on October 5 , 2012. The h earing will be held at the Herschler Building, Conference Room B63, 122 W. 25 th Street, Cheyenne , Wyoming. The Wyoming Department of Environmental Quality, Air Quality Division (AQD or Division) , will be bringing two proposed rulemakings before the EQC. The first proposed rulemaking will involve revising Wyoming Air Quality Standards and Regulations (WAQSR) Chapter 1, Common Provisions, Chapter 6, Permitting Requirements, and Chapter 7, Monitoring Regulations. M odifications to these chapters incorporat e language that will allow the State to permit for greenhouse gases. In addition, these changes are proposed to be consistent with the requirements established in the current Federal Implementation Plan (FIP) . Chapter 1, Sections 3 and 7, and Chapter 6, Sections 4 and 14, involve changes to the State Implementation Plan (SIP) to satisfy Clean Air Act (CAA) Sections 101, 114, 116, 301 and 307(d)(7)(B). After authorized in accordance with the 2012 State of Wyoming, Enrolled Act No. 16 (Senate File 0086), t he AQD will submit these SIP changes to the Environmental Protection Agency (EPA) with the goal of replacing the current Greenhouse Gas FIP with a SIP. The second proposed rulemaking will involve revising WAQSR Chapter 2, Ambient Standards, Chapter 3, Gen eral Emission Standards, Chapter 5, National Emission Standards, and Chapter 8, Nonattainment Area Regulations. Revisions to Chapter 2 consist of updating the ambient NO 2 , SO 2 , and ozone standards to be consistent with current federal regulations. Chapte r 3, Section 4, Emission standards for sulfur oxides, is being repealed and superseded by more updated regulations. Changes to Chapter 5 involve the removal of the vacated version of 40 CFR part 63, Subpart DDDDD (Boiler MACT) from Section 3. Chapter 8, Section 3, Conformity of general federal actions to state implementation plans, is being revised to maintain consistency with the federal general conformity regulations. Chapter 2, Sections 3, 4, 6 and 12, Chapter 3, Sections 4 and 9, and Chapter 8, Secti ons 3 and 5, involve changes to the SIP to satisfy CAA Sections 108, 109, 110 and 176. The AQD will submit these SIP changes to the EPA. The notice for submitting written comments on the W DEQ/AQD proposed revisions was first published on August 1, 2012

. The written comment period will close on September 17 , 2012

. Written comments will also become a part of the public record if they are signed by the commenter and submitted to Administrator, W DEQ/AQD, Herschler Building 2

- E, 122 W. 25 th Street, Cheyenne, Wyoming, 82002, or f axed to 307

- 777

- 5616 . Copies of the public notice and the proposed rules are available for public inspection at the Department of Environmental Quality, Air Quality Division, Herschler Building, 2 nd Floor, 122 W. 25 th Street, Cheyenne , Wyoming. Electronic copies are available at http://deq.state.wy.us/aqd/index.asp and the EQC website stated below . If you have questions regarding the proposed rules, contact Christine Anderson, Air Q uality Division, at 307

- 675

- 5624

. The WDEQ/ AQD will file an analysis of the co mments received

. The EQC has scheduled the public hearing on October 5 , 2012. The EQC will consider the proposed rules, written comments, and the analysis of comments, along with any modifications proposed by the WDEQ/ AQ D to the draft rules. At the publ i c h ea rin g , o r a l stat e ments that f o c us on the w r i t ten c om m e nts, t h e DE Q ’s a n a l y sis of c o m m e nts a nd is s u e s r a is e d b y the a n a l y sis will be a c c e pted. Comments submitted during the comment period can be viewed at the EQC website: http://eqc.state.wy.us/docket.htm u nder the link titled “12

- 2101 and 12

- 2102”

. Any person wishing to use a digital presentation during their testimony bef ore the EQC must provi de a digital copy to the EQC no less than 3 day s prior to the hear ing unless you contact the EQC and request an extension for good cause. Failure to timely submit a digital copy will result in the person not being allowed to use the presentation during their testimony.
T he EQC may convene a meeting to deliberate and make a decision on these rules at the end of the hearing. The EQC also has the option to extend the public comment period on these rules. If the comment period is exten ded, the extension will be posted on the Air Quality website as well as the website for the Environmental Quality Council http://deq.state.wy.us/eqc/index.asp

. In accordance with the Americans with Disabilities Act, special assistance or alternative formats will be made available upon request for individuals with disabilities

# Department of En vironmental Quality

To protect, conserve and enhance the quality of Wyoming's environment for the benefit of current and future gene r ations.

Matthew H. Mead, Governor J ohn Corra, Director



### To: Honorable Matthew H. Mead, Governor 

### From: John V. Corra, Director, Department of Environmental Quality 

# .M /,k--- Subject:

Date: 

### Priority: Summary: Proposed Rules for Chapters 2, 3, 

### 5 and 8 (R-20) {/

. Y"'"' Department of Environmental Quality, Air Quality Division May 4, 2012 

### HIGH- Deadline for response is May 

### 18, 2012 Notice of Agency Rulemaking The Air Quality Division (Division) is proposing revisions to the Wyoming Air Quality Standards and Regulations (W AQS&R) listed above. The following is a brief summary of the proposed rule changes:

• Annual updates to sections to be adopted by reference from the 20 II Code of Federal Regulations (CFR). If the State does not adopt the most recent versions of these sections by reference, the rule still applies at the federal level. Adopting the federal regulations into the State rules allows for State enforcement.
• Updates to the 1-hour ambient standards for N0 2 and S0 2 , and the 8-hour standard for ozone (0 3 ) to be consistent with the National Ambient Air Quality Standards (NAAQS).
• Removal of the annual and 24-hour ambient standards for S0 2 to be consistent with the NAAQS. This removal reduces the number of standards that sources have to comply with.
• Designation of the 3-hour ambient S0 2 standard as a secondary standard to be consistent with the NAAQS. It was previously not stated in the rule whether this was a primary or secondary standard

. • Removal of the general emission standards for sulfur oxides. This standard has become outdated and there are already other regulations in place that are as stringent as, or more stringent, that will cover sulfur oxide emissions.
• Removal of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for boilers

. The boiler rule that was adopted by reference has been superseded by a more recent rule.
• The W AQS&R contains a general conformity rule that requires federal actions to fit within State efforts to regulate for nonattainment. The Division is bringing to the Environmental Quality Council (EQC) two options for the revision of general conformity: o Keeping the State rule in place and revising the rule to be up to date with the federal requirements (Option I). o Removal ofthe rule from the WAQS&R, and allowing conformity to be handled at the federal level (Option 2)

. The proposed revisions can be seen in the attached draft rules. Specific information on the changes can be found in the Statement of Principal Reasons (SOPR). There are two attached draft SOPRs, one for each of the conformity options. Both SOPRs will be taken to the hearing, and the one that contains the EQC ' s chosen option will be presented for a signature

. Chapter 2, Sections 3, 4, 6 and 12, Chapter 3, Sections 4 and 9, and Chapter 8, Sections 3 and 

### 5 involve changes to the State Implementation Plan (SIP). The Wyoming Air Quality Advisory Board recommended that these revisions be taken forward through the rulemaking process at a public meeting held in Laramie, Wyoming on March 30, 2012

.

Herschler B u il d i ng · 122 West 25 t h S tr eet · Cheyen n e, WY 82002 · h tt p :// deq

. state

. wy

. us ADM I N/ OU T R EACH ABANDON E D MI N ES

( 3 07) 77 7

. 77 58 ( 3 0 7 ) 777-6 1 4 5 FAX 77 7 · 7 6 82 FAX 777

- 646 2 AIR QUALITY (30 7 ) 777

- 7 3 91 FAX 77 7

- 5616 INDUSTRIAL SITI N G (307) 7 77- 7 3 69 FAX 7 77

- 6937 LAND Q U ALITY ( 3 07) 777

- 7756 FAX**77 ~RM**  SOLID & HAZ

. WAST E (307 ) 777- 775 2 FAX**777 ~Q71**  WATER QUALITY ( 307 ) 777

- 77 81 I'AX 7 77

. iiQ 71

# . .

Agency Contact Name: Agency Contact Phone: Agency Contact Email: Christine Anderson 307-675-5624 tina.anderson @wv o. g ov



### Governor's Response Options (to be completed by Governor's Office):



# __ 1 __ Agency may proceed.

_ _, \ """:

__ Delay public comment and seHil' meet i ng wlch



### If

no response has been received by the 1

### d" working day, the agency will proceed with these rules.

### 2

- 1 FOR INCLUSION IN WYOMING STATE IMPLEMENTATION PLAN FROM WYOMING AIR QUALITY STANDARDS AND REGULATIONS

Ambient Standards
CHAPTER 2
Section 3. Ambient standards for nitrogen oxides
. (a) The level of the primary annual ambient air quality standard for oxides of nitrogen is 53 parts per billion (ppb, which is 1 part in 1,000,000,000), annual average concentration, measured in the ambient air as nitrogen dioxide. (b) The level of the primary 1

- hour ambient air quality standard for oxides of nitrogen is 100 ppb, 1

- hour average concentration, measured in the ambient air as nitrogen dioxide. (c) The level of the secondary ambient air quality standard for nitrogen dioxide is 0.053 parts per million ( ppm, which is 1 part in 1,000,000 ) , annual arithmetic mean concentration. (d ) The levels of the standards shall be measured by: (i) A reference method based on 40 CFR part 50, Appendix F; or (ii) A Federal equivalent method (FEM) designated in accordance with 40 CFR part 53. (e ) T he annual primary standard is met when the annual average concentration in a calendar year is less than or equal to 53 ppb, as determined in accordance with Appendix S of 40 CFR part 50 for the annual standard. (f

) T he 1

- hour primary standard is m et when the three

- year average of the annual 98th percentile of the daily maximum 1

- hour average concentration is less than or equal to 100 ppb, as determined in accordance with Appendix S of 40 CFR part 50 for the 1

- hour standard. (g) The secondary sta ndard is attained when the annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to three decimal places (fractional parts equal to or greater than 0.0005 ppm must be rounded up). To demonstrate attainment, an annual mean must be based upon hourly data that are at

### 2

- 2 least 75 percent complete or upon data derived from manual methods that are at least 75 percent complete for the scheduled sampling days in each calendar quarter.
Section 6. Ambient standards for ozone. (a) The level of the 8

- hour primary and secondary ambient air quality standards for ozone (O 3 

### ) is 0.075 parts per million (ppm , which is 1 part in 1,000,000 ), daily maximum 8

- hour average, measured by a reference method based on Appendix D to 40 CFR part 50 and designated in accordance with 40 CFR part 53 or an equivalent method designated in accordance with 40 CFR part 53. (b) The 8

- hour primary and secondary standard ozone ambient air quality standards are met at an ambient air quality monito ring site when the 3

- year average of the annual fourth

- highest daily maximum 8

- hour average ozone concentration is less than or equal to 0.075 ppm, as determined in accordance with 40 CFR part 50, Appendix P

. Section 12. Incorporation by reference. (a) Code of Federal Regulations (CFR). All Code of Federal Regulations (CFRs) cited in this chapter , including their Appendices, revised and published as of July 1, 201 1 , not including any later amendments, 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. 25 th 

### 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.D raft 4/6 /12



### 2

- 1 FOR INCLUSION IN WYOMING STATE IMPLEMENTATION PLAN FROM WYOMING AIR QUALITY STANDARDS AND REGULATIONS

Ambient Standards
CHAPTER 2
Section 3. Ambient standards for nitrogen oxides
. (a) The ambient air standard for nitrogen dioxide , measured by the reference method described in 40 CFR part 50, Appendix F, or by an equivalent method designated in accordance with 40 CFR part 53, is: The level of the primary annual ambient air quality standard for oxides of nitrogen is 5 3 parts per billion (ppb, which is 1 part in 1,000,000,000), annual average concentration, measured in the ambient air as nitrogen dioxide. (i) 100 micrograms per cubic meter (0.05 ppm)

-- annual arithmetic mean. (b) The level of the primary 1

- hour ambient ai r quality standard for oxides of nitrogen is 100 ppb, 1

- hour average concentration, measured in the ambient air as nitrogen dioxide. (c) The level of the secondary ambient air quality standard for nitrogen dioxide is 0.053 parts per million ( ppm, which is 1 part in 1,000,000 ), annual arithmetic mean concentration. (d ) The levels of the standards shall be measured by: (i) A reference method based on 40 CFR part 50, Appendix F; or (ii) A Federal equivalent method (FEM) designated in accordance with 40 CFR part 53. (e ) T he annual primary standard is met when the annual average concentration in a calendar year is less than or equal to 53 ppb, as determined in accordance with Appendix S of 40 CFR part 50 for the annual standard. (f

) T he 1

- hour primary standard is met when the three

- year average of t he annual 98th percentile of the daily maximum 1

- hour average concentration is less than or equal to 100 ppb, as determined in accordance with Appendix S of 40 CFR part 50 for the 1

- hour standard.D raft 4/6 /12



### 2

- 2 (g) The secondary standard is attained when the annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to three decimal places (fractional parts equal to or greater than 0.0005 ppm must be rounded up). To demonstrate attainment, an annual mean must be based upon hou rly data that are at least 75 percent complete or upon data derived from manual methods that are at least 75 percent complete for the scheduled sampling days in each calendar quarter.
Section 6. Ambient standards for ozone. (a) The level of the 8

- hou r primary and secondary ambient air quality standards for ozone, measured by a reference method based on 40 CFR part 50, Appendix D and designated in accordance with 40 CFR part 53 is 0.08 parts per million (ppm), daily maximum 8

- hour average. The level of the 8

- hour primary and secondary ambient air quality standards for ozone (O 3 

### ) is 0.075 parts per million (ppm , which is 1 part in 1,000,000 ), daily maximum 8

- hour average, measured by a reference method based on Appendix D to 40 CFR part 50 an d designated in accordance with 40 CFR part 53 or an equivalent method designated in accordance with 40 CFR part 53. (b) The 8

- hour primary and secondary standard ozone ambient air quality standards are met at an ambient air quality monitoring site when the 3

- year average of the annual fourth

- highest daily maximum 8

- hour average ozone concentration is less than or equal to 0.08 0.075 ppm, as determined in accordance with 40 CFR part 50, Appendix I P

. Section 12. Incorporation by reference. (a) Cod e of Federal Regulations (CFR). All Code of Federal Regulations (CFRs) cited in this chapter , including their Appendices, revised and published as of July 1, 2008 201 1 , not including any later amendments, 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. 25 th 

### 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.