# 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 USEPA 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 ofthe Wyoming Department of Environmental Quality conducted a public hearing pursuant to 40 CFR 51.102 to consider the adoption ofrevisions and additions to the Wyoming Air Quality Standards and Regulations (WAQSR). Revisions affecting the State Implementation Plan (SIP) involve Chapter 3 , General Emi ssion 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 ofthe 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 Section 4 has been removed because these older regulations have been superseded by more stringent regulations, primarily New Source Performance Standards (NSPS).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 We are also asking that subsection 4(f) be removed from the SIP since it involves cros s-referencing that is no longer applicable without the rest ofthe section.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 ofFederal Regulations. While Section 9 is not currently in the SIP, the State did submit a

Herschl er Building · 122 West 25th Street · Cheye nn e, WY 82002 · http ://deq.state.wy
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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 ofthe necessary State reviews and approvals have been secured, I am submitting one paper copy and one electronic copy (in .pdfformat on CD) ofthe revisions to the State Implementation Plan. The electronic copy is an exact duplicate ofthe paper copy. The following administrative materials are included in the plan submission and have been attached for your review: 1. A copy ofthe stamped Certification Page by the Secretary of State indicating the effective date ofthe revisions. The Certification Page, which has been signed by the Governor and Director ofthe Department ofEnvironmental 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 ofthe procedural requirements ofthe State' s laws and constitution in conducting and completing the adoption ofthe plan. The rules became effective December 1 9, 20 12. 2. A May 4, 2012 memorandum from John Corra, the presiding Director ofthe Department ofEnvironmental 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 ofintent oflegislative authority

. 4. A copy ofthe notices issued by the Air Quality Division for public hearings with a li st ofnewspapers and dates ofpublication. 5. A copy ofthe Statement ofPrincipal 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 ofthe agenda. 8

. Two copies ofthe 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 ofthe revised State Implementation Plan for the State ofWyoming 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, ofthe 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

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. If applicable, describe the emergency wh ich requires promulgation of these rules w ithout providing notice or an opportunity for a public hearing:

3. State Government Notice 

## of Intended Rulemaking '·**':-~_** a
. Date on which the Notice of Intent conta ining all of the information required by W

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. Date on which the Notic e of Intent and proposed rules in strike and underscore format were provided to th e Legi slative Service Office:



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. Date on which the Notice of Intent and proposed rules in strike and underscore format were provided tothe Attorney General : 

### August 1' 20124. Public Notice 

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5. Final Filing 

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. Date on which the ?ertification Page with original signatures and fi nal rules were sent to the Attorney General's Office 

### O t b 11 2012 for the Governor's Signature: 

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## October 11 , 2012

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.**Ag,~ncvl.Board** ceri:lfi.cg,tion**~-** .. The undersigned certifies that the foregoing infonmati<ln is**c~rrect.** A Signature of AuthorizedIndividual

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## 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 Signatur e 

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### sos 1. Statement of Reasons; 1. Statement of Reasons ; 1

. PDF of clean copy of ru les; and 2. Original Certification Page; 3. Summary of Comments (regular rules) ; 4. Hard copy of rules : clean and strike/underscore; and 5

. M emo to Governor document ing emergency (emerge ncy rules). 2

. Copy of Certification Page ; 3. Summary of C omme nts (regular rules) ; 4. Hard copy of rules : clean and strike/underscore ; 5

. Electronic copy of rules : clean and strike/underscore; and 2

. Ha rd copy of Certification Page as de livered by the AG

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6. Memo to Governor documenting emergency (emergency rules). 

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### 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 OFMINUTES A. July 13, 2012 B. July 13,2012 Exec. Session
2. 

### CONSENTAGENDA A. Notice of Violation and Order

a. 12-3206 Country Meadow, LLC. : Effluent violations ofthe 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 ofa 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 ORDERSAND DISMISSALS 

### A. Joint Stipulation for Modification: Ram Trucking 12-5213A B. Joint Stipulation for Modification ofOriginal 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 alternateformats 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 ofPrincipal Reasons that puts in writing that the Department ofEnvironmental 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. IfEPA 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 ofthe 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 ofthe 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 ofbeing 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 couldjeopardize the approval of the rule, the AQD could address this issue of timing through guidance at a later date when this feature ofthe 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 ofPublication 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, 2012Notice 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 ofEnvironmental 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 ofreplacing 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 ofupdating 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. Ifyou 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 requestfor individuals with disabilitiesVnnr N!'lmP**fPlf':::~<::P.** Printl 

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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 ofgeneral 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) ofthe 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) ofthe Act states that in recommending such standards the Administrator shall consider all facts and circumstances bearing upon the reasonableness ofthe emissions involved including: (A) The character and degree ofinjury to, or interference with the health and physical well being ofthe people, animals, wildlife and plant life; (B) The social and economic value ofthe source ofpollution; (C) The priority oflocation in the area involved; (D) The technical practicability and economic reasonableness ofreducing 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 ofFederal 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).

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### 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 ofthe ACT, as stated in W.S. 35-11-102, and that they have been promulgated in accordance with rulemaking provisions ofthe Wyoming Administrative Procedures Act. Dated this 

## _:_;-:1-'i day of ()?c -\ 

### 2012. 

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### Hearing Examiner-l>riAtedName Wyoming Environmental Quality Council

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# r:2A,_~ Hearing Examiner/- J'fknedName Wyoming Environmental Quality CouncilAdministrative Rule Review Report- ARR12-079 Legislative Service Office October 18, 2012 AGENCY DATE SUBMITTED: SUBJECT:

NATURE OF RULES: STATUTORY AUTHORITY: Department ofEnvironmental Quality October 11, 2012 Chapter 2

- Ambient Standards; Chapter 3

- General Emission Standards; Chapter 5

- National Emission Standards; Chapter 8- Nonattainment 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. 

### Ifyou would like a copy ofthe 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 of40 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 ofstatutory and legislative intent. STAFF RECOMMENDATION: That the rules be placed on the Consent Jist and be approved by Council as submitted by the agency.

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Matthew D. Obrecht StaffAttorney

# ~!J.~ Gerald W. Laska · StaffAttorney

# Department of Environmental Quality
To protect, conserve and enhance the quality of Wyoming's environment for the benefit ofcurrent and future generations.
Matthew H. Mead, Governor John Corra, Director
To: Honorable Matthew H. Mead, Governor From: John V. Corra, Director, Department ofEnvironmental Quality 

# .M**t/~** Subject:
Date: Priority: Summary: Proposed Rules for Chapters 2, 3, 5 and 8 (R-20) (/ I'"' Department ofEnvironmental Quality, Air Quality Division May 4, 2012 HIGH- Deadline for response is May 18, 2012 Notice ofAgency 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 ofthe proposed rule changes:
• Annual updates to sections to be adopted by reference from the 2011 Code ofFederal Regulations (CFR). Ifthe State does not adopt the most recent versions ofthese 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 ofthe 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 ofthe 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 ofthe 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 ofthe 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 ofthe 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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Governor's Response Options (to be completed by Governor's Office):

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no response has been received by the I dh**~or**king day, the agency willproceed 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 ofEnvironmental 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 ofthe 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**/\DMIN!OLITf~l/\CI-1** N3/\NIJON[D MINFS (3071 711-/Nl lAX 111 lbE/ (]07) 771 b14:, f-AX /77-Ci\l-i) AIR OUI\Li IY 1

..\Gil 177 7**,~_!]** 1-/\X f I i !lf,·: h (3o_l/:! I i-**iJ(i~:** 1/\X**-lll-;,~!i~** LAND OUALrl Y (:)07: 777-775h I /\X 7 17**5bl'i~** SOLID & llf,L**WA~~Tl** C<OIJ 717 ]7[1? I fiX !"/I**~u7.<** WAT[R QUAIIIY (:'107l7//-11BI I AX "/F/-!:J\J/.1WDEQ-AQD SIP revision WAQSR Chapter 3, Section 4 9/29/14 

### 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 ofthe section. The February 13, 2013, SIP revision to Chapter 3, Section4 does not interfere with the attainment ofthe National Ambient Air Quality Standards (NAAQS) or any other applicable requirement of the Clean Air Act (CAA). All S02 

### emitting sources in the state ofWyoming 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 ofFederal 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 ofthe 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, ofthe 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