Department. of Environmental Quality 

To protect, conserve and enhance the quality of Wyoming's 

environment for the benefit of current and future generations. 

Matthew H. Mead, Governor Todd Parfitt, Director 

February 7, 2014 

Mr. Shaun McGrath 

Regional Administrator 

USEP A Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

RE: State Implementation Plan Approval Request w Chapter 2, Ambient Standards, Section 4, 

Ambient standards for sulfur oxides (R-20) 

Dear Mr. McGrath: 

On October 5, 2012, the Environmental Quality Council of the Wyoming Department of 

Environmental Qua! ity conducted a public hearing pursuant to 40 CFR 51. J 02 to consider the adoption of 

revisions and additions to the Wyoming Air Quality Standards and Regulations (W AQSR). Revisions 

affecting the State Implementation Plan (SIP) involve Chapter 2, Ambient Standards, Section 4, Ambient 

standards for sulfur oxides. 

Section 4 of Chapter 2, Ambient standards for sulfur oxides, was revised to add the 1-hour S02 

ambient standard to bring Wyoming ambient standards up to date with the National Ambient Air Quality 

Standards (NAAQS). 

After reviewing comments received before or during the hearing, the Council approved the 

proposed revisions on October 5, 2012. Pursuant to the Wyoming Administrative Procedures Act, the 

revisions were forwarded to the Governor's Office for approval and then transmitted to the Secretary of 

State's Office and became effective on December 19, 2012. 

Since all of the necessary State reviews and approvals have been secured, I am submitting one 

paper copy and one electronic copy (in . pdf format on CD) of the revisions to the State Implementation 

Plan. The electronic copy is an exact duplicate of the paper copy. 

The following administrative materials are included in the plan submission and have been 

attached for your review: 

l. A copy of the stamped Certification Page by the Secretary of State indicating the effective 

date of the revisions. The Certification Page, which has been signed by the Governor and 

Director of the Department of Environmental Quality, documents the necessaiy legal 

authority under State law to adopt and implement the revised regulations and also provides 

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. 

Herschler Bulldlng · 122 West 25th Street · Cheyenne, WY 82002 · http://deq.state.wy.us 

ADMIN/OUTREACH ABANDONED MINES AIR QUAl..ITY INDUSTRIAL SITING LAND QUALITY SOLID & HAZ. WASTE WATER QUALITY 

f"17\ 777.Tl'iR f'ln7\ 777.1'1A~ f1.f'1\ rn. 1101 f')f'\"'1\ "1"1 ·1 T"J,;:~ & ' . 
Mr. Shaun McGrath 

February 7, 2014 

Page 2 

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 requ.esting approval to proceed 

with the rulemaking. 

3. An October 18, 2012 review from the Legislative Service Office, finding the revised 

regulations within the scope of intent of legislative authority. 

4. A copy of the notices issued by the Air Quality Division for public hearings with a list of 

newspapers 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 and January 15, 2014 

hearings, as well as a copy of the October 5, 2012 agenda. 

8. Two copies of the revised chapter, one copy showing where revisions were made in underline 

and strikeout and a second copy with all the revisions incorporated. 

With this submission I am asking for Environmental Protection Agency approval of the revised 

State Implementation Plan for the State of Wyoming to include Chapter 2, Ambient Standards, Section 4, 

Ambient standards for sulfur oxides, of the Wyoming Air Quality Standards and Regulations 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, 

Todd Parfitt 

Director 

Enclosures 

cc: Steven A. Dietrich, Administrator, Air Quality Division w/o enc. 

Jeni Cederle, Air Quality Division w/enc. 

Adam Clark, EPA Reg.ion 8 w/o enc. 

Steven Pratt, EPA Region 8 w/o enc. 

Carl Daly, EPA Region 8 w/o enc. 
REDLINE/STRIKEOUT VERSION 

FOR INFORMATIONAL PURPOSES ONLY 

Ambient Standards 

CHAPTER2 

Section 4. Ambient standards for sulfur oxides. 

Draft 416112 

(a) The ambient air standards for sulfur oxides measured by the pararosaniline 

(West Gaeke) method given in 40 CFR § 50.11 part 50, Appendix A, or an equivalent 

method designated in accordance with 40 CFR part 53. are: 

(i) 60 micrograms per cubic meter (0.02 ppm) ar.nual arithmetic mean; 

The level of the annual standard is 0.03 parts per million (ppm). not to be exceeded in a 

calendar year: 

(ii) 260 micrograms per cubic meter (0.10 ppm) mmtimum 24 hour 

concentration not to be e>weeded more than once per year; The level of the 24-hour 

standard is 0.14 parts per million (ppm). not to be exceeded more than once per calendar 

~ 

(iii) 1,300 micrograms per cubic meter (0.50 ppm) mmdmum 3 hour 

concentration not to be exceeded more than once per year. 

Cb) The level of the orimary 1-hour annual ambient air quality standard for oxides 

of sulfur is 75 parts per billion (ppb. which is I part in 1.000.000.000). measured in the 

ambient air as sulfur dioxide CSOil 

Ci) The I-hour primary standard is met at an a~bient air quality 

monitoring site when the three-year average of the annual C99 percentile) of the daily 

maximum I-hour average concentrations is less than or equal to 75 ppb. as determined in 

accordance with Appendix T of 40 CFR part 50. 

Cii) The level of the standard shall be measured by a reference method 

based on 40 CFR part 50. Aopendix A or A-1. or by a Federal Equivalent Method CFEM) 

designated in accordance with 40 CFR part 53. 

(c) The level of the secondary 3-hour ambient air quality standard for oxides of 

sulfur is 0.5 parts per million (ppm. which is 1 part in 1.000.000). not to be exceeded 

more than once per calendar year. The 3-hour averages shall be determined from 

successive nonoverlapping 3-hour blocks starting at midnight each calendar day and shall 

2-1 
Draft 416112 

be rounded to 1 decimal place (fractional parts equal to or greater than 0.05 ppm shall be 

rounded up). 

(i) Sulfur oxides shall be measured in the ambient air as sulfur dioxide by 

the reference method described in Appendix A of 40 CFR part 50 or by an equivalent 

method designated in accordance with 40 CFR part 53 . 

(ii) To demonstrate attainment. the second-highest 3-hour average must 

be based upon hourly data that are at least 75 percent complete in each calendar quarter. 

A 3-hour block average shall be considered valid only if all three hourly averages for the 

3-hour period are available. If only one or two hourly averages are available. but the 3-

hour average would exceed the level of the standard when zeros are substituted for the 

missing values. subject to the rounding rule of paragraph (c) of this section. then this 

shall be considered a valid 3-hour average. In all cases. the 3-hour block average shall be 

computed as the sum of the hourly averages divided by 3. 

2-2 
Department of Environmental Quality 

To protect, conserve and enhance the quality of Wyoming's 

environment for the benefit of current and future generations. 

Matthew H. Mead, Governor John Corra, Director 

To: 

From: 

Subject: 

Honorable Matthew H. Mead, Governor 

John V. Corra, Director, Department of Environmental Quality Y /,~ Proposed Rules for Chapters 2, 3, S and 8 (R-20) U. Y"1 

Department of Environmental Quality, Air Quality Division 

Date: May 4, 2012 

Priority: HIGH - Deadline for response is May 18, 2012 

Summary: Notice of Agency Rulemaking 

The Air Quality Division (Division) is proposing revisions to the Wyoming Air Quality Standards and 

Regulations (WAQS&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 2011 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 I-hour ambient standards for N02 and SOi, and the 8-hour standard for ozone (03) to 

be consistent with the National Ambient Air Quality Standards (NAAQS). 

• Removal of the annual and 24-hour ambient standards for S02 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 SOi 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 of the rule from the W AQS&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 S 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 Bulldlng · 122 West 25th Street · Cheyenne, WY 82002 · http://deq.state.wy.us 

ADMIN/OUTREACH ABANDONED MINES 

(307) 777 -7758 (307) 777-6145 

AIR QUALITY 

(307) 777.7391 

INDUSTRIAL SITING 

(307) 777-7369 

LAND QUALITY 

(307) 777-7756 

SOLID & HAZ. WASTE 

(307) 777-7752 

WATER QUALITY 

(307) 777-7781 
.. . . 

Agency Contact Name: 

Agency Contact Phone: 

Agency Contact Email: 

Christine Anderson 

307-675-5624 

tina.anderson@wyo.gov 

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

__ \

1

-+-_Agency may proceed. 

_ __ .,.. ___ Delay public comment and set-ttpmeeting with 

If no response has been received by the Id'' working day, the agency will proceed with these rules. 
THE STATE OF WYOMING 

ENVIRONMENTAL QUALITY COUNCIL 

AGENDA 

The agenda may be amended at anytime, up to 24 hours 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 HEARING 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 violations 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 and site map, failure to install effective 

best management practices to control storm water runoff and failure to conduct inspections 

c. 12-3208 Anadarko Petroleum unpermitted release of a pollutant (C02) into a water 

the state resulting in chemical changes to the water quality. 

of 

d. 12-3209 Town of Dayton; recurring effluent 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, failure to obtain and operate under a general 

permit to discharge storm water associated 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, contaminated 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 violation, failed to pay 2012 tank fee. 

k. 12-5210 Lincolnway Fast Break, storage tank violations, failure 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 facility without a valid 

permit. 

3. APPROVAL OF ORDERS AND DISMISSALS 

A. Joint Stipulation for Modification: 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 

SIGN IN SHEET FOR MEETING 

Place: Herschler Bldg., Conf. Rm 

Cheyenne, WY r 

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Response to Comments for Air Quality Division Rulemakings Before 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. WMA recommends that the 

EQC adopt the rules as written. WMA provided an explanation of the State stakeholder process 

that provides current authority. 

Response: The AQD appreciates the support. 

Comment Summary: WMA also has concerns with a future administration 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 collect 

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 restricts the 

Department from creating rules that are more stringent than federal rules on greenhouse gas 

permitting. Since the federal rules do not 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 will take time for EPA to run through that public process, at which time DEQ and 

stakeholders will have an opportunity to discuss the issue further along with any budgeting 

concerns of the Division. 

3. Petroleum Association of Wyoming (PAW), dated and received on September 17, 2012 

Comment Summary: PAW supports the rule changes, particularly those pertaining to greenhouse 

gases and nonattainment area regulations. 

Response: The AQD appreciates the support. 

Comment Summary: PAW also comments that it does not 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 in 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 "within 12 months of being generated and approved by the state." 

Response: While the AQD appreciates PAW' s concern, it is extremely difficult 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 feature of the rule might be used. Furthermore, 

this rule will apply to all future nonattainment areas in the state, 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 Corporation supports the proposed greenhouse gas regulations 

because it would prefer permitting actions 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 reasons for 

Wyoming getting primacy for permitting back. 

Response: The AQD appreciates the support. 

5. USDA-Forest Service, dated September 27, 2012, received by internet unsigned September 

27, 2012 

Comment Summary: The Forest Service supports changes to Chapter 8, Section 3 on General 

Conformity to help streamline conformity decisions that the Forest Service is required to make. 

Response: The AQD appreciates the support. 
BEFORE THE 

ENVIRONMENTAL QUALITY COUNCIL 

ST ATE OF WYOMING 

TN THE MA TIER OF REVISIONS 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 FTVE OF CHAPTER ) 

EIGHT OF THE WYOMING AIR QUALITY ) 

ST AND ARDS AND REGULATIONS ) 

ST A TEMENT OF 

PRINCIPAL REASONS 

FOR ADOPTION 

l. The Environmental 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 tbe 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 reforence; Chapter 5, National Emission 

Standards, Section 3, National emission standards for hazardous air pollutru1ts; and 

Chapter 8, Nonattainment Area Regulations, Section I, 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, Section 5, Incorporation by reference, has been added. 

2. Section 35-11-202 (a) of the Environmental Quality Act states that the Administrator, 

after consultation witl1 the Advisory Board, shall recommend to the Director such 

ambient air standards and regulations that may be necessary to prevent, abate, or control 

pollution. 

Section 35-11-202 (b) of the Act states that in reconunending 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 priority of location in the area involved; 

(D) The technical practicability and economic reasonableness of reducing or 

eliminating the poll ution; 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 I-hour 

annual ambient standards up to date wiU1 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 consistency with the NAAQS. Section 6, 

Ambient standards for ozone, has been revised to bring the 8-hour primary and secondary 

standards up to date witl1 the NAAQS. Section 12, Incorporation by reference, was 

updated to adopt by reference from the Code of Federal Regulations (CFR) for .I uly l, 

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 lmplementation 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 I. :W 11. 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 ofSubpat1 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 I, Introduction to nonattaimnent 

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 reasonable and necessary to accomplish the policy 

and purpose of the 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. 

;r . jl, "J Dated this __ .\ _-_· __ day of ( c · 

Hearing Examiner - ' ri11tet. Name 

Wyoming Environmental Quality Council 

2 

2012 . 

Hearing Examiner Si ned Name 

Wyoming Environmental Quality Council 
PUBLIC HEARING 

110 INFRASTRUCTURE STATE IMPLEMENTATION PLANS 

REGIONAL HAZE STATE IMPLEMENTATION PLAN 5-YEAR PROGRESS REPORT 

STATE IMPLEMENTATION PLAN FOR 1-HOUR SULFUR DIOXIDE NATIONAL AMBIENT AIR QUALITY STAND

HERSCHLER BUILDING - WIND RIVER CONFERENCE ROOM 

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CHEYENNE, WYOMING 

9:00 AM - JANUARY 15, 2014 

Please Print YOUR NAME NAME AND ADDRESS OF COMP ANY OR ORGANIZATION SIP 

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