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 25 th 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 CO 2 equivalent emissions (CO 2 e).” 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
identifi ng commenters in the Response To Comments. Comments shall be submitted to Administrator, WDEQ/AQD, Herschler Building 2-E, 122 W. 25 th Street, Cheyenne, Wyoming, 82002, or faxed to 307- 777

- 5616

. Copi es 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, 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 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/ AQ D to the draft rules. At the public h ea ring, oral statements
that foc us on

the written c om ments, the DEQ ’s analysis of comments a nd is sues ra is ed 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 Counci l.

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, 2014Response 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,
2014 Docket 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.3 -1

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

3 -1 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, 2012 2013

, 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 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. 25 th 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

.