Notice of Proposed Rulemaking By

The Environmental Quality Council 

The Environmental Quality Council (EQC) will consider proposed changes to the Wyoming Department of 

Environmental Quality (WDEQ), Air Quality Division (AQD) Standards and Regulations (WAQSR) at a public 

hearing to be held on October 8, 2014 in Conference Room 1699, Herschler Building, 122 West 25th St., Cheyenne, 

Wyoming commencing at 10:00 A.M. 

The AQD, will present the proposed rulemaking to the EQC. The proposed rulemaking will involve revising 

Wyoming Air Quality Standards and Regulations Chapter 3, General Emission Standards; Chapter 5, National 

Emission Standards; Chapter 6, Permitting Requirements; Chapter 7, Monitoring Regulations; and Chapter 11, 

National Acid Rain Program. Chapter 3, Section 9, Incorporation by reference, is being revised as part of the annual 

effort to adopt changes to the federal definition of VOCs, bringing the version up to date as of July 1, 2013. 

Revisions to Chapter 5, Section 2, New source performance standards, and Section 3, National emission standards 

for hazardous air pollutants, are being proposed to reflect changes in the federal versions of these rules. Chapter 6, 

Permitting Requirements, Section 3, Operating permits, Section 4, Prevention of significant deterioration, and 

Chapter 7, Monitoring Regulations, Section 3, Compliance assurance monitoring (CAM), are being revised to 

update a citation to a Federal Register article under the definition of “tpy CO2 equivalent emissions (CO2e).” 

Section 4 of Chapter 6 is also being updated to specifically list a new minor source baseline date for fine particulate. 

Section 9 of Chapter 3; Section 4 of Chapter 5; and Section 14 of Chapter 6 are all Incorporation by reference 

sections, and are being updated to adopt by reference from the Code of Federal Regulations (CFR) as of July 1, 

2013. These sections have also been revised to include the location on the internet of the incorporated matter as 

defined in W.S. 9-2-1035(a)(iii). Chapter 11, Section 2, Acid rain program, is an annual update to portions of the 

State Air Regulations which are adopted verbatim by reference from the CFR and also includes the location on the 

internet of the incorporated matter as defined in W.S. 9-2-1035(a)(iii). Chapter 3, Section 9; and Chapter 6, Sections 

4 and 14, involve changes to the State Implementation Plan (SIP) to satisfy Clean Air Act Sections 110 and 166. 

The AQD will submit these SIP changes to the EPA. 

The notice for submitting written comments on the WDEQ/AQD proposed revisions was first published on August 

11, 2014. The written comment period will close on September 24, 2014. Written comments will also become a 

part of the public record. Comments should include the name and address of the commenter to assist the AQD in 

identifing commenters in the Response To Comments. Comments shall be submitted to Administrator, 

WDEQ/AQD, Herschler Building 2-E, 122 W. 25th Street, Cheyenne, Wyoming, 82002, or faxed to 307-777-5616. 

Copies of the public notice, Notice of Intent to Adopt Rules, and the proposed rules are available for public 

inspection at the Department of Environmental Quality, Air Quality Division, Herschler Building, 2nd Floor, 122 W. 

25th 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 Jeni Cederle, Air Quality 

Division, at 307-777-7740. 

The AQD will file an Analysis of Comments prior to the public hearing. The EQC has scheduled the public hearing 

on October 8, 2014. The EQC will consider the proposed rules, written comments, and the analysis of comments, 

along with any modifications proposed by the WDEQ/AQD to the draft rules. At the public hearing, oral statements 

that focus on the written comments, the DEQ’s analysis of comments and issues raised by the analysis will be

accepted. The entire record and the comments submitted during the comment period can be viewed at the EQC 

website: https://eqc.wyo.gov/Public/Dockets.aspx under the link titled “14-2101”. 

Any person wishing to use a digital presentation during their testimony before the EQC must provide a digital copy 

to the EQC no less than 3 days prior to the hearing unless you contact the EQC and request an extension for good 

cause. Failure to submit a digital copy in a timely manner will result in the person not being allowed to use the 

presentation during their testimony. 

The 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 extended, the 

extension will be posted on the Air Quality website as well as the above stated website for the Environmental 

Quality Council.

In accordance with the Americans with Disabilities Act, special assistance or alternative formats will be made 

available upon request for individuals with disabilities. 
Environmental Quality Council Hearing 

 October 8, 2014--Public Notice 

Newspaper Date of Publication 

Casper Star Tribune August 11 & 12, 2014 

Wyoming Tribune-Eagle August 11, 2014 

Gillette News Record August 11, 2014 

Rock Springs Daily Rocket Miner August 12, 2014 

Laramie Boomerang August 12, 2014 


Response to Comments for Air Quality Division Rulemakings Before the Environmental 

Quality Council (EQC) on October 8, 2014 

The Wyoming Department of Environmental Quality – Air Quality Division’s proposed 

rulemaking (R23) involves revising Wyoming Air Quality Standards and Regulations (WAQSR) 

Chapter 3, General Emission Standards; Chapter 5, National Emission Standards; Chapter 6, 

Permitting Requirements; Chapter 7, Monitoring Regulations; and Chapter 11, National Acid 

Rain Program. No written comments were received during the 45 day public comment period. 

CALL TO ORDER - Introduction of Council Members & Staff

CASE UPDATES

APPROVAL OF MINUTES

• July 10th, 2014

FINAL HEARING / PUBLIC HEARING

• Air Quality Division Rule Making 10:00 a.m. on October 8th, 

2014Docket 14-2101

CONSENT AGENDA

• NOTICE OF VIOLATION AND ORDER

ƕ Jackson Hole Airport Docket 14-3203 NOV and Order for 

violating Wyoming Statute 35-11-301(a)(iii) which requires a 

permit to construct, modify, or operate a treatment system.

ƕ Richard Nelson Docket 14-3204 NOV and Order for the 

construction of a small wastewater system without a permit to 

construct.

ƕ Jodi Newkirk Docket 14-5202 NOV and Order ordering 

Respondent to have a cathodic protection test performed on the 

underground storage tanks located at the Arlington Outpost, and 

to pay past due tank fees and late fees totaling $900.00

• ADMINISTRATIVE ORDER ON CONSENT

APPROVAL OF ORDER

• Order of Dismissal Docket 10-2801 PacifiCorp appeals specific 

requirements and conditions in BART Permit No. MD-6042 (regarding 

the Naughton Power Plant) and BART Permit No. MD-6040 

(regarding the Jim Bridger power plant). PacifiCorp appeals these 

BART Permits and petitions for their review because the WDEQ 

Division of AQ acted outside its statutory authority and regulatory 

guidelines, and lacked a sufficient evidentiary basis, when WDAQ 

established certain emission controls and limitations for Nitrogen 

Oxides ("NOx") and Particulate Matter ("PM").

 THE STATE OF WYOMING 

ENVIRONMENTAL QUALITY 

COUNCIL AGENDA
OTHER BUSINESS

• Executive Session/ Personnel Matter

• Discuss 2015 Meeting Dates

ADJOURN In accordance with the Americans with Disabilities Act, special 

assistance or alternate formats will be made available upon request for 

individuals with disabilities.
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FOR INCLUSION IN WYOMING STATE IMPLEMENTATION PLAN 

FROM WYOMING AIR QUALITY STANDARDS AND REGULATIONS 

General Emission Standards 

CHAPTER 3 

 Section 9. Incorporation by reference.

 (a) Code of Federal Regulations (CFR). All Code of Federal Regulations (CFR), 

including their Appendices, cited in this Chapter, revised and published as of July 1, 2013, not 

including any later amendments, are incorporated by reference. Copies of the Code of Federal 

Regulations are available for public inspection and can be obtained at cost from the Department 

of Environmental Quality, Division of Air Quality, Cheyenne Office. Contact information for 

the Cheyenne Office can be obtained at: http://deq.state.wy.us. Copies of the CFRs can also be 

obtained at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, 

PA 17214, or online at 

http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

 

 (b) American Society for Testing and Materials (ASTM). All ASTM standards cited in 

this Chapter, revised and published as of July 1, 2013, not including any later amendments, are 

incorporated by reference. Copies of the ASTM standards are available for public inspection and 

can be obtained at cost from the Department of Environmental Quality, Division of Air Quality, 

Cheyenne Office. Contact information for the Cheyenne Office can be obtained at: 

http://deq.state.wy.us. Copies can also be obtained at cost from the American Society for 

Testing and Materials, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 

19428-2959, or online at http://www.astm.org/DIGITAL_LIBRARY/index.html. 
Draft 5/30/14 

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REDLINE/STRIKEOUT VERSION 

FOR INFORMATIONAL PURPOSES ONLY 

General Emission Standards 

CHAPTER 3 

 Section 9. Incorporation by reference.

 (a) Code of Federal Regulations (CFR). All Code of Federal Regulations (CFR), 

including their Appendices, cited in this Chapter, revised and published as of July 1, 20122013, 

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. 25th Street, 

Cheyenne, Wyoming 82002 Cheyenne Office. Contact information for the Cheyenne Office can 

be obtained at: http://deq.state.wy.us. Copies of the CFRs can also be obtained at cost from 

Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214, or online 

at http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

 

 (b) American Society for Testing and Materials (ASTM). All ASTM standards cited in 

this Chapter, revised and published as of July 1, 20122013, not including any later amendments, 

are incorporated by reference. Copies of the ASTM standards 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 Cheyenne Office. Contact 

information for the Cheyenne Office can be obtained at: http://deq.state.wy.us. Copies can also 

be obtained at cost from the American Society for Testing and Materials, 100 Barr Harbor Drive, 

Post Office Box C700, West Conshohocken, PA 19428-2959, or online at 

http://www.astm.org/DIGITAL_LIBRARY/index.html.