BEFORE THE ENVIRONMENTAL QUALITY COUNCIL STATE OF WYOMING INTHE MATTER OF REVISIONS TO SECTIONS ) TWO ANDNINE OF CHAPTER THREE; REVISIONS ) TO SECTIONS ONE ANDFIVE, ANDTHE ADDITION ) OF SECTION SIX TO CHAPTER FOUR; REVISIONS ) TO SECTIONS TWO, THREE AND FOUR OF ) CHAPTER FIVE; REVISIONS TO SECTIONS FOUR ) AND FOURTEEN OF CHAPTER SIX; REVISIONS TO ) SECTIONS ONE ANDFIVE, ANDTHE ADDITION OF ) SECTIONS SIX, SEVEN, EIGHT, NINE ANDTEN OF ) CHAPTER EIGHT; AND REVISIONS TO SECTION ) TWO OF CHAPTER ELEVEN OFTHE WYOMING ) AIR QUALITY STANDARDS AND REGULATIONS ) STATEMENT OF PRINCIPAL 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, removed,or added the following chapters and sectionsto the Wyoming Air Quality Standards and Regulations: Chapter 3, General Emission Standards, Section 2, Emission standards for particulate matter, and Section 9, Incorporation by reference; Chapter 4, State Performance Standards for Specific Existing Sources, Section 1, Introductiontostate performance standards for specific existing sources, Section 5, Existing hospital/medical/infectious waste incinerators, and Section6, Incorporation by reference; Chapter 5, National Emission Standards, Section 2, Newsource performance standards, Section 3, National emission standards for hazardous air pollutants, and Section 4, Incorporation by reference; Chapter

6, Permitting Requirements, Section 4, Prevention of significant deterioration, and Section 14, Incorporation by reference; Chapter 8, Nonattainment Area Regulations, Section 1, Introductionto nonattainmentarea regulations, Section 5, Ozone nonattainment emission inventory rule, Section6, Reserved, Section7, Reserved, Section

8, Reserved, Section 9, Reserved, and Section 10, Incorporation by reference; and Chapter 11, National Acid RainProgram, Section 2, Acid rainprogram.

2. Section 35-11-202 (a) of the Environmental Quality Actstates that the Administrator, after consultation with the Advisory Board, shall recommendto the Director such ambient air standards and regulations thatmay benecessary toprevent, abate,or control pollution. Section 35-11-202 (b) of the Actstates 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 ofthesource of pollution; (C) The priority of location in thearea involved; (D) The technical practicability and economic reasonableness of reducing or eliminating the pollution; and (E) The social welfare and aesthetic value.
3. Chapter 3, General Emission Standards, Section 2, Emission standards for particulate matter, has been revisedto address thetreatment ofexcess emissions from stationary or portable diesel engines. Section 9, Incorporation by reference, is being updated to adopt
by reference from the Code of Federal Regulations (CFR)as of July I, 2012. Section 2, Emission standards for particulate matter, and Section 9, Incorporation by reference, involve changes to the State Implementation Plan (SIP). 14. Chapter 4, State Performance Standards for Specific Existing Sources, Section 1, Introductiontostate performance standards for specific existing sources, has been revised

to reflect the addition of Section6, Incorporation by reference. Section 5, Existing hospital/medical/infectious waste incinerators, is outdated and has been revisedto maintain consistency with the federal regulations. Section6, Incorporation by reference, has been addedto reference all CFR citations in Chapter 4as of July 1, 2012.

5. Chapter 5, National Emission Standards, Section 2, Newsource performance standards, Section 3, National emission standards for hazardous air pollutants, and Section 4, Incorporation by reference, and Chapter II, National Acid RainProgram, Section 2, Acid rainprogram, have been updated asan annual effortto adopt by reference from the CFR

as of July 1, 2012 and relevant sections ofthe August 16,2012 Federal Register.

6. Chapter 5, National Emission Standards, Section 2, Newsource performance standards, has been revisedto update the definition of"commenced"to make the definition consistent with the federal definition. Section 3, National emission standards for hazardous air pollutants, was revisedto update footnotesat the bottom of the hazardous air pollutants tablenear the end of Section 3. 7. Chapter 6, Permitting Requirements, Section 4, Prevention of significant deterioration, has been revisedto specifically listnew minorsource baseline dates for fine particulate, include revised federal language on thetreatment of condensable particulate matter, and clarify when the maximum allowable increment is exceeded for particulate matter. Section 14, Incorporation by reference,was updated to adopt by reference from the CFR

as ofJuly I, 2012. Section 4, Prevention of significant deterioration, and Section 14, Incorporation by reference, involve changes to the SIP.
8. Chapter 8, Nonattainment Area Regulations, SectionI, Introductionto nonattainment area regulations, has been revisedto reflect the reorganization and addition ofnew sectionsto the chapter. Section 5, Ozone nonattainment emission inventory rule, isanew ruleto establish requirements for the submittal of emission inventories from facilitiesor sources located inanozone nonattainmentareapursuant to the requirements of the Clean AirAct (CAA), Section 182. Section placeholder numbers for Sections6, 7, 8, and 9are being added and reserved for future rulemaking purposes. SectionI0, Incorporation by reference (formerly Section 5), is being updated to adopt by reference from the CFRas of July I, 2012. Section 5, Ozone nonattainment emission inventory rule, and Section 10, Incorporation by reference, involve changes to the SIP. The Council finds that these regulations are reasonable andnecessary to accomplish the policy andpurpose of the Act,as stated inW.S. 35-11-102, and that they have been promulgated in accordance with rulemaking provisions ofthe Wyoming Administrative Procedures Act. Dated this I;;L -f.Jday of September, 2013. Da....,, c'l '5....,,..___ Hearing Examiner-PrintedName Wyoming Environmental Quality Council 2 **~{kL** Hearing Examiner- Signed Name Wyoming Environmental Quality Council