Department of Environmental Quality 

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

environment for the benefit of current and future .Qenerations. 

Matthew H. Mead, Governor 

February 13, 2013 

Mr. James B. Martin 

Regional Administrator 

USEP A Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Todd Parfitt. Director 

RE: State Implementation Plan Approval Request- Chapter 3, General Emission 

Standards, Section 4, Emission standards for sulfur oxides, and Section 9, 

Incorporation by reference (R-20) 

Dear Mr. Martin: 

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

Environmental Quality conducted a public hearing pursuant to 40 CFR 51.102 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 3, General 

Emission Standards, Section 4, Emission standards for sulfur oxides, and Section 9, 

Incorporation by reference. Only subsections 4(a) and 4(f) are in the currently approved SIP. 

The State is requesting a SIP revision to remove subsections 4(a) and 4(f) from the SIP. 

Chapter 3, Section 4, Emission standards for sulfur oxides, is one of the oldest sections in 

the Wyoming Air Quality Standards and Regulations and it establishes limits on the quantity, 

rate or concentration of S02 emissions. Section 4 has been removed because these older 

regulations have been superseded by more stringent regulations, primarily New Source 

Performance Standards (NSPS). Therefore, new sources are adequately covered by other 

regulations, and emission limits for older sources are covered under permits issued through 

Wyoming's approved New Source Review program. Wyoming is confident going forward that 

all S02 emitting sources in the state are being regulated under a program that is as stringent as 

federal regulations. The only category of sources regulated in Chapter 3, subsection 4(a) covered 

under the SIP are sulfuric acid production facilities. As mentioned above, existing facilities are 

covered by permit, and new facilities would fall under NSPS. We are also asking that subsection 

4(f) be removed from the SIP since it involves cross-referencing that is no longer applicable 

without the rest of the section. 

In addition to removing subsections 4(a) and 4(f) from Chapter 3, the State is also asking 

to update Section 9, Incorporation by reference, to adopt by reference from the July 1, 2011 

Code of Federal Regulations. While Section 9 is not currently in the SIP, the State did submit a 

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Mr. James B. Martin 

February 13,2013 

Page 2 

SIP revision to include that section on May 24, 2012. This action requests an update to the May 

24, 2012 revision. 

After reviewing comments received before or during the public hearing, the 

Environmental Quality 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: 

1 . 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 

necessary 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 1 9, 2 0 12. 

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 

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, 201 2 hearing as well as a 

copy of the 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. 
Mr. James B. Martin 

February 13,2013 

Page 3 

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

revised State Implementation Plan for the State of Wyoming to include removal of Chapter 3, 

General Emission Standards, subsections 4(a) and 4(f), Emission standards for sulfur oxides, and 

the revision of Section 9, Incorporation by reference, of the Wyoming Air Quality Standards and 

Regulations as revised on 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. 

Christine Anderson, Air Quality Division w/enc. 

Jeni Cederle, Air Quality Division w/enc. 

Carl Daly, EPA Region 8 w/o enc. 
Draft 2/21/12

3-1

FOR INCLUSION IN WYOMING STATE IMPLEMENTATION PLAN

FROM WYOMING AIR QUALITY STANDARDS AND REGULATIONS

General Emission Standards

CHAPTER 3

Section 4. Emission standards for sulfur oxides. [Reserved].

(a) Any new facility producing sulfuric acid by the contact process by burning 

elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides, mercaptans, or acid 

sludge shall limit the atmospheric discharge of sulfur dioxide in the effluent to not more 

than four pounds per ton of acid produced (2 kgm per metric ton)--maximum 2-hour 

average.

(f) For the purposes of Chapter 3, Section 4(b), 4(c), and 4(d) of these regulations 

where a two-hour average, or a 3-hour average will be used, the SO2 emission rate shall 

be determined in accordance with Reference Method 6, Appendix A, 40 CFR part 60 or 

an equivalent method or in accordance with the compliance provisions of Chapter 3, 

Section 4(b), if the notification provisions of 4(c) and 4(d) are followed.

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, 2010

2011, 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. Copies of the CFRs can also be 

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

Summit, PA 17214.

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

cited in this Chapter, revised and published as of July 1, 2010 2011, 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. 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.
3-1

FOR INCLUSION IN WYOMING STATE IMPLEMENTATION PLAN

FROM WYOMING AIR QUALITY STANDARDS AND REGULATIONS

General Emission Standards

CHAPTER 3

Section 4. [Reserved].

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,

2011, 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. Copies of the CFRs can also be 

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

Summit, PA 17214.

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

cited in this Chapter, revised and published as of July 1, 2011, 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. 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.
1. Genera/Information 

a. Agency/Board Name See auached list for references 

Department of Environmental Quality 

b. Agency/Board Address 

Certification Page 

Regular and Emergency Rules 

·. ,. ' ' 

~· .. .:· . -. ' ' 

c. Agency/Board City 

r 

Herschler Building 2-E, 122 W. 25th Street Cheyenne 

e. Name of Contact Person f. Contact Telephone Number 

Christine Anderson 307-675-5624 

g. Contact Email Address I h. Adoption Date: 

tina.anderson@wyo.gov October 5, 2012 

: t; "' ;"" {~~ ~ ........ 1.1acher! ,; ... '""' ""'1": ... :~tr:s 

Air Quality 

2. Rule T'{e.e and Information '·· ~ ,.. ... . • .,. 

a. These rules are: 0 Emergency Rules (Aher comaleting_ all of Section 2, proceed to Section 5 below} 

b. Choose all that apply: 0 New Rules' [!] Amended Rules 0 Repealed Rules 

lo)[g©~DW~fm 

lffi DEC 1 9 2012 l!!J 

' c ~- \ 

I d. Agency/Board Zip Code 

82002 

':t '· 

~ Regular Rules 

• 'New· rules means the first set of regular rules to be promulgated by the Agency aher the Legislature adopted a new statutory provision or significantly amended an existing statute. 

If "New," provide the Enrolled Act number and year enacted: 

c. Provide the Chapter Number, and Short Title of Each Chapter being Created/Amended/Repealed (if more than 5 chapters are being created/amended/repealed. please 

use the Additional Rule Information form and auach it to this certification} 

Chapter Number: Short Title: 

2 Ambient Standards 

Chapter Number: Short Title: 

3 General Emission Standards 

Chapter Number: Short Title: 

5 National Emission Standards 

Chapter Number: Short Title: 

8 Nonattainment Area Regulations 

Chapter Number: Short Title: 

d . .!.I The Statement of Reasons is attached to this certification. 

e. If applicable, describe the emergency which requires promulgation of these rules without providing notice or an opportunity for a public hearing: 

3. State Government Notice of Intended Rulemaking '· ':-~_ 

a. Date on which the Notice of Intent containing all of the information required by W.S. 16-3-1 03(a) was filed with the Secretary of State: 

August 1, 2012 

b. Date on which the Notice of Intent and proposed rules in strike and underscore format were provided to the Legislative Service Office: 

. August1,2012 

c. Date on which the Notice of Intent and proposed rules in strike and underscore format were provided to the Attorney General: August 1 ' 2012 
4. Public Notice of Intended Rulemoking ' ·~ ~ ! 

a. Notice was mailed 45 days in advance to all persons who made a timely request for advance notice. ~ Yes D No D N/A 

b. A public hearing was held on the proposed rules. ~ Yes 0No 

lf 'Yes:' Date: Time: City: Location: 

October 5, 2012 9:00A.M. Cheyenne Herschler Building 

..: Conference Room 863 

122 W. 25th Street 

5. Final Filing of Rules :-

a. Date on which the ?ertification Page with original signatures and final rules were sent to the Attorney General's Office O t b 11 2012 for the Governor's Signature: c 0 er I 

b. Date on which final rules were sent to the Legislative Service Office: Q CtO be r 11 1 2 0 12 

c. Date on which a PDF of the final rules was electronically sent to the Secretary of State: October 11 , 2012 

< "• ·' _c• .-:i·'C: ~ :.:::.,---- 6. Ag,~ncvl.Board ceri:lfi.cg,tion ~- .. 

The undersigned certifies that the foregoing infonmati<ln is c~rrect. A 

Signature of Authorized Individual ~J{j>~M~ 

Printed Name of Signatory - J# V. Corra 

Signatory Title I [)(rector 

Date of Signature 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, if emergency rules, 

3. Are necessary and !hall concur in the finding that they are an emergency. 

Therefore, I approve the same. 

Governor's Signature - __-L_ --;7dqate of Signature .: / Z-/?-/2. ·r 

Distribution List: 

Attorney General sos 

1. Statement of Reasons; 1. Statement of Reasons; 1. PDF of clean copy of rules; and 

2. Original Certification Page; 

3. Summary of Comments (regular rules); 

4. Hard copy of rules: clean and 

strike/underscore; and 

5. Memo to Governor documenting 

emergency (emergency rules). 

2. Copy of Certification Page; 

3. Summary of Comments (regular rules); 

4. Hard copy of rules: clean and 

strike/underscore; 

5. Electronic copy of rules: clean and 

strike/underscore; and 

2. Hard copy of Certification Page as 

delivered by the AG. 

- i 

I 

6. Memo to Governor documenting 

emergency (emergency rules). STA!n7ce ~':e ~~a~ lNG} 

Filed the I~" day of ~~~"~~r 

~oft M . .?o \d. at 

Doc 10 t sgsz sSSfl'1 Pi85J 

Max Maxfield 

Secretary of State 

2 
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: 8:30a.m 

DEQ/AQD- RULEMAKING HEARING Dockets 12-2101 & 12-2102: 9:00A.M. 

DEQ/WOD- RULEMAKING HEARING Docket 12-3104: 1:30 P.M. 

DEQILQD-RULEMAKING HEARING Docket 12-4102: 3:30P.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. 
Response to Comments for Air Quality Division Rulemakings Before the Environmental 

Quality Council (EQC) on October 5, 2012 

I. 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: Jolm Carra, 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 nm 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 "withinl2 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 fi.1ture 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 nm. 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. 
Environmental Quality Council Public Hearing 

October 5, 2012--Public Notice 

Newspaper Date of Publication 

Casper Star Tribune August 1 and 2, 2012 

Gillette News Record August 2, 2012 

Cody Enterprise August 1, 2012 

Wyoming Tribune-Eagle August 2, 2012 

Rock Springs Daily Rocket Miner August 1, 2012 
Notice 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 9:00AM on October 5, 2012. 

The hearing will be held at the Herschler Building, Conference Room B63, 122 W. 25'h Street, Cheyenue, 

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. Modifications to these chapters incorporate 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), the 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, General 

Emission Standards, Chapter 5, National Emission Standards, and Chapter 8, Nonattainment Area Regulations. 

Revisions to Chapter 2 consist of updating the ambient N02, S02, and ozone standards to be consistent with cnrrent 

federal regulations. Chapter 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, Sections 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 WDEQ/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 the~ are signed by the commenter and submitted to Administrator, WDEQ/AQD, Herschler 

Building 2-E, 122 W. 25' Street, Cheyenne, Wyoming, 82002, or faxed 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"' Floor, 122 W. 25"' Street, Cheyenne, Wyoming. Electronic copies are 

available at http://deg.state.wv.us/agd/index.asp and the EQC website stated below. If you have questions regarding 

the proposed rules, contact Christine Anderson, Air Quality Division, at 307-675-5624. 

The WDEQ/ AQD will file an analysis of the comments 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/ 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. 

Comments submitted dming the comment period can be viewed at the EQC website: 

http://egc.state.wy.us/docket.htm under the link titled "12-2101 and 12-2102". 

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 timely submit a digital copy will result in the person not being allowed to use the presentation 

dming 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 tl1ese rules. If the comment period is extended, the 

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

http:// deg .state. wy. us/egc/index.asp. 

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

available upon request for individuals with disabilities 
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BEFORE THE 

ENVIRONMENTAL QUALITY COUNCIL 

STATE OF WYOMING 

FILED 

ocr o s 2012 

Jim Ruby, Executive Secretary 

Environmental Quality Council IN THE MATTER 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 FIVE OF CHAPTER 

EIGHT OF THE WYOMING AIR QUALITY 

STANDARDS AND REGULATIONS 

) 

) 

) 

) 

) 

) 

) 

) 

STATEMENT OF 

PRlNCIP AL REASONS 

FOR ADOPTION 

1. 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 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, 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 with 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 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 priority oflocation 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 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 with the NAAQS. Section 12, Incorporation by reference, was 

updated to adopt by reference from the Code of Federal Regulations (CPR) 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). 

1 
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 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. 

Dated this _:_;-:1-'i day of ()?c -\ 2012. 

De,.._;\ c'l ~C\ \ ... ,, 

Hearing Examiner-l>riAted Name 

Wyoming Environmental Quality Council 

2 

r:2A,_~ Hearing Examiner/-J'fkned Name 

Wyoming Environmental Quality Council 
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-N onattainment Area Regulations 

Legislative and Procedural. 

W.S. 35-ll-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) Rules 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 chemical compounds. Following is a summary of the rule 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 quality 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 the quantity, rate or concentration of emissions of air pollutants. 

Section 4 (Emission Standards for Sulfur Oxide) has been removed because the regulations were 

superseded by more updated regulations. Section 9 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 mles. 
,. Chapter 5 (National Emission Standards) 

Chapter 5 incorporated emission control regulations developed by the EPA for specific source 

categories. AQ]) 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 Quali~ 

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 Jist and be approved 

by Council as submitted by the agency. 

2 

-*(ttl[ ]2 rcjy Matthew D. Obrecht 

Staff Attorney 

~!J.~ Gerald W. Laska · 

Staff Attorney 
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: Honorable Matthew H. Mead, Governor 

From: John V. Corra, Director, Department of Environmental Quality .M t/~ Subject: 

Date: 

Priority: 

Summary: 

Proposed Rules for Chapters 2, 3, 5 and 8 (R-20) (/ I'"' 

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 (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 !-hour ambient standards for N02 and S02, 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 S02 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 WAQS&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 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 Building · t 22 West 25th Street · Cheyenne, WY 82002 · http://deq.state.wy.us 

ADMIN/OUTREACH ABANDONED MINES AIR QUALITY 

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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): 

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Signature: Governor's Counsel 

If no response has been received by the I dh ~or king day, the agency will proceed with these rules. 
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 

September 29, 2014 

Mr. Shaun McGrath 

Regional Administrator 

US-EPA Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Todd Parfitt, Director 

RE: State Implementation Plan Approval Request- Chapter 3, General Emission 

Standards, Section 4, Emission standard for sulfur oxides (R-20); 

EPA AirTrax #170 

Dear Mr. McGrath, 

On February 13, 2013, the Wyoming Department of Environmental Quality- Air Quality 

Division (AQD) submitted to tbe Enviromnental Protection Agency (EPA) for approval a 

revision affecting the State Implementation Plan (SIP) Chapter 3, General Emission Standards, 

Section 4, Emission standards for sulfur oxides, and Section 9, Incorporation by reference. Only 

subsections 4( a) and 4( f) are in the currently approved SIP. The State has requested a SIP 

revision to remove subsections 4(a) and 4(f) from the SIP, and update Section 9. 

In preparation to take action on Wyoming's SIP revision submission, Steven Pratt with 

EPA Region 8, requested additional background information detailing the AQD's rationale 

behind the request to remove Chapter 3, Sections 4(a) and 4(f) from the current SIP. 

Chapter 3, Section 4, Emission standards for sulfur oxides, is one of the oldest sections in 

The Wyoming Air Quality Standards and Regulations (WAQSR) and establishes limits on the 

quantity, rate or concentration of S02 emissions. The AQD has requested that Section 4(a) and 

4(f) be removed from the SIP because these older regulations have been superseded by more 

stringent regulations, primarily New Source Performance Standards (NSPS). 

The only category of sources regulated in Chapter 3, subsection 4(a) covered under the 

SIP are sulfuric acid production facilities, i.e., Simplot Phosphates, LLC, Rock Springs Fertilizer 

Complex, permit number 3-2-125-1, located at 515 South Highway 430, in Rock Springs, WY. 

Wyoming permit conditions for sulfuric acid production facilities require that "the permittee 

shall meet all requirements ofWAQSR Chapter 5, National Emission Standards, Section2, New 

Somce Performance Standards and 40 CFR 60, Subpart I-I as they apply to each sulfuric acid 

production unit defined under §60.80." Therefore, existing facilities are covered under permits 

issued through Wyoming's approved New Source Review program, and new facilities would fall 

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

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lmder NSPS, Subpart H. We have also asked that subsection4(f) be removed from the SIP since 

it involves cross-referencing that is no longer applicable without the rest of the section. 

The February 13, 2013, SIP revision to Chapter 3, Section4 does not interfere with the 

attainment of the National Ambient Air Quality Standards (NAAQS) or any other applicable 

requirement of the Clean Air Act (CAA). All S02 emitting sources in the state of Wyoming are 

being regulated under a program that is consistent with federal standards, but no more stringent 

than federal standards. 

In addition to removing subsections 4(a) and 4(f) from Chapter 3, the State has also 

requested an update to Section 9, Incorporation by reference, to adopt by reference from the July 

I, 2011 Code of Federal Regulations. While Section9 is not cmrently in the SIP, the State did 

submit a SIP revision to include that section on May 24,2012 (EPA AirTrax #130). 

If you have any further questions regarding our submission of the revised SIP for the 

removal of Chapter 3, General Emission Standards, subsections 4(a) and 4(f), Emission 

standards for sulfur oxides, and the revision of Section 9, Incorporation by reference, of the 

Wyoming Air Quality Standards and Regulations, please feel free to contact Jeni Cederle at 

307-777-7740. 

La.ruJl 

Steven A. Dietrich 

Administrator 

cc: Jeni Cederle, AQD 

Amber Potts, AQD 

Steven Pratt, EPA R8