# Department of Environmental Quality

To protect, conserve and enhance the qualityof Wyoming's environment for the benefitofcurrent and future generations.

Matthew H. Mead, Governor John Corra, Director
May 10,2011

Mr. James B. Martin Regional Administrator USEPA Region 8 Mail Code: 8P-AR 1595 Wynkoop Street Denver, CO 80202-1129 RE: StateImplementationPlanApprovalRequest

- Chapter6, PermittingRequirements, Section 4, Prevention ofsignificant deterioration, Section 13,Nonattainment permit requirements, and Section 14, Incorporation by reference (R-18) DearMr. Martin: OnJuly 8, 2010, the Environmental Quality Council ofthe Wyoming Department of Environmental Quality conducted a public hearing pursuantto 40 CFR §51.102 to considerthe adoption ofrevisions and additions to the WyomingAir Quality Standards and Regulations (WAQSR). Revisions affecting the State Implementation Plan (SIP) involved Chapter 6, PermittingRequirements, Section 4, Prevention ofsignificant deterioration, Section 13, Nonattainmentpermit requirements, and Section 14, Incorporation by reference. Section 4 ofChapter 6, Prevention ofsignificant deterioration, was modified in large part in response to EPA's implementation ofthe New Source Review (NSR) program for particulate matter less than 2.5 micrometers (PM2s). Chapter 6 was amended to comply specifically with May 16,2008 revisions to Title 40 part 51 ofthe Code ofFederal Regulations (CFR), and are no more stringent. Section 13, Nonattainment permit requirements, was added to incorporate by reference the federal nonattainment regulations under 40 CFRpart 51.165, allowingthe State to continue permitting any areas that may become categorized as nonattainment. Section 14, Incorporation by reference, was added to consolidate all adoption by reference for the chapter in one place. After reviewing comments received before orduring the hearing, the Council approved the proposed revisions onJuly 8, 20IO. Pursuanttothe Wyoming Administrative Procedures Act, the revisions were forwarded to the Governor's Office for approval and then transmitted tothe Secretary of State's Office and became effective September 7, 2010. Since all ofthe necessary State reviews and approvals have been secured, I am submittingtwo copies ofthe revisions tothe State Implementation Plan. The following administrative materials are included in the plan submission and have been attached for your review:

Herschler Building

. 122 West 25th Street

. Cheyenne, WY 82002

. http://deq.state.wy.us ADMIN/OUTREACH ABANDONED MINES AIR QUALITY INDUSTRIAL SITING LAND QUALITY SOLID & HAZ. WASTE WATER QUALITY

(307) 777-7758 (307) 777-6145 (307) 777-7391 (307) 777-7369 (307) 777-7756 (307) 777-7752 (307) 777-7781 FAX 777-7682 FAX 777-6462 FAX 777-5616 FAX 777-6937 FAX 777-5864 FAX 777-5973 FAX 777-5973Mr. James B. Martin May 10,2011 Page 2 1. A copy ofthe stamped Certification Page by the Secretary ofState indicatingthe effective date ofthe revisions. The rules became effective September 7, 2010. 2. A December 9,2009memorandum from John Corra, Director ofthe Department of Environmental Quality, to the Governor's Office requesting approval to proceed with the rulemaking. 3. A May 5, 2011 letter from Nancy Vehr, Senior Assistant Attorney General, documenting the necessary legal authority under State law to adopt and implement the revised regulations. 4. A July 26, 2010 review from the Legislative Service Office, finding the revised regulations within the scope ofintent oflegislative authority. 5. A copy ofthe notices issued bythe Air Quality Division for public hearings with a list of newspapers and dates ofpublication. 6. A copy ofthe Statement ofPrincipal Reasons that was adopted with the rules. 7. A copy ofthe Summary ofcomments and responses. 8. A list ofsignatures ofwitnesses present at the July 8, 2010 hearing as well as a copy of the agenda. 9. Two copies ofthe revised chapter, one copy showing where revisions were made in redline and strikeout and a second copywith all revisions incorporated. With this submission I am asking for Environmental Protection Agency approval ofthe revised State Implementation Plan for the State ofWyomingto include Chapter 6, Permitting Requirements, Section 4, Prevention ofsignificant deterioration, Section 13, Nonattainment permit requirements, and Section 14, Incorporation by reference, ofthe Wyoming Air Quality Standards and Regulations as revised September 7, 2010. Ifyou have any questions regardingthis submittal, please feel free to contact Steven A. Dietrich, Air Quality Administrator, at 307-777-7391. Sincerely,

# a:~~ Director, Department ofEnvironmental Quality Enclosures

cc: Steven A. Dietrich, Administrator, Air Quality Division w/o enc. Christine Anderson, Air Quality Division w/enc. CarissaKrey, Air Quality Division w/enc. MonicaMorales, EPA w/enc.

### Certification Page Regular and Emergency Rules

1, GeneralInformation ", ", ' ," a. Agency/Board Name See attachedlisfforreferences Department of Environmental Quality b. AgencylBoard Address c. Agency/Board City 

# I d. Agency/Board Zip Code Herschler Building 2-E. 122 W. 25th Street Cheyenne 82002 f. Contact Telephone Number Christine Anderson e. Name ofContact Person 307-673-9337 or675-5624 g. Contact Email Address 

## I h, Adoption Date: tander@wyo.gov July 8. 2010 i. Program(s) See attachedNstfor references Air Quality

. "c:l' ' 'r 2/Rulffrypeandlnformation: 

## ,0':"

" ,. '. 

### ".,. 'c >,C**';~' l;/**  a. These rules are: 

# o Emergency Rules (Aftercompleting alfofSection 2. proceed10 Seclion 5below) [!] RegUlar Rules b, Choose all that apply: U New Rules' [!] Amended Rules 

# o Repealed Rules "New'rules means the first setofregularrules to bepromulgatedbytheAgencyafterthe Legislature adoptedanewstatutoryprovision or significantlyamendedan existingstatute. If'New," provide the Enrolled Act numper and year enacted: c, Provide the Chapter Number, and ShortTitle of Each Chapter being Created/Amended/Repealed (ifmore than 5chapters are being created/amended/repealed, please use the AdditionalRule Information form andattach itto this certification) ShortTitle: 2 Ambient Standards Chapter Number: Chapter Number: Short Title: 3 General Emission Standards Chapter Number: Short Title: 5 National Emission Standards Chapter Number: ShortTitle: 6 Permitting Requirements Chapter Number: ShortTitle: 11 National Acid Rain Program d, [!J The Statementof Reasons is attached to this certification,

e. Ifapplicable, describe the emergencywhich requires promulgation of these rules without providing notice or an opportunity for apublic hearing:

.",:. 'f; 3. State GovemmentNotlceoflntendedRulemakinq ; , .'; a. Date on which the Notice of Intent containing all ofthe information required by W.S. 16-3-103(a) was filed with the Secretary ofState: 

## M ay 7,2010 b. Date on which the Notice of Intent and proposed rules in strike and underscoreformat were provided to the Legislative Service Office: 

### 1 May 1,2010
c. Date on which the Notice of Intent and proposed rules in strike and underscore format were provided to the AttorneyGeneral: 

### May 11 , 2010 

# STATE OF WYOMING effie ofthe Sec



## - - 1

### a~:~ Filed the 

### 7

### I " da¥- of

# ..;j;~~-**-;l~JtJ** t /:>..:. 

### AM 

### a . Max Maxfield Secretary of StateI



### '" July 14, 2010

" 4; PUblicNoticeoftntendedRulemakina a. Noticewas mailed 45 days in advance to all persons who made atimely request for advance notice, jj] Yes 0 No [] N/A b, ApUblic hearing was held on the proposed rules. [!] Yes 

### 0 No City: Location: If "Yes:" Date: Time: 1 :00 P.M. Sundance July 8,2010 Crook County Courthouse, 309 Cleveland Street

S.:FinalFiling 

### ofRules a. Date on which the Certification Page with original signatures and final rules were sent to the Attorney General's Office 

### J I 14 2010 forthe Governor's signature: U

### Y I b. Date on which final rules were sent to the Legislative Service Office:

## JuIY14, 201 0

c. Date on which aPDF ofthe final rules was electronically sent to the Secretaryof State:

## July 14, 2010 -----------------------:------,-..., 6. AgenwBoardCertification ',' The undersigned certifies that the foregoing information is correct.

7. 

## Governor'SCertification I have reviewed these rules and determined thatthey:

1. Are within the scope ofthe statutory authority delegated to the adopting ?g€ncy; 2. Appearto be within the scope of the legislative purpose ofthe statutorfauthority; and, if emergency rules, 3. Are necessary and that Iconcur in the finding that they are an

### e~ft~ncy. 

# ;7

// Therefore, Iapprove the same. /' /

### ~1'---./'?'A~./''-----,""", G"".lJmor's Signature

. ',' " " DateofSignature

, " v / Distribution list: Attorney General LSO SOS 1. Statement of Reasons; 1. Statement of Reasons; 1. PDF ofclean copy of rules; and 2. Original Certification Page; 2. Copy of Certification Page; 2. Hard copy of Certification Page as 3. Summary of Comments (regular rules); 3. Summary of Comments (regular rules); delivered by the AG. 4. Hard copy of rules: clean and 4. Hard copy of rules: clean and strike/underscore; and strike/underscore; 5. Memo to Governor documenting 5. Electronic copy of rules: clean and emergency (emergency rules). strike/underscore; and 6. Memo to Governor documenting emergency (emergency rules).

2Dave Freudenthal, Governor

# Department of Environmental Quality

To protect, conserve and enhance the quality of Wyoming's environment for the benefit of current and future generations. John Corra, Director To: From: Honorable Dave Freudenthal, Governor John V. Corra, Director

## ~J)?~ Department ofEnvironmental QF ' . 

# T t/-53

## 9S 

# % /OJ3 Subject: Proposed Rules for Chapters 2, 3, 5,6 and 11 (R-18) 

# 03. QOj.OO Department ofEnvironmental Quality, Air Quality Division

## v3~w. Date: December 9, 2009 Priority: HIGH

- Deadline for response is December 23, 2009 Summary: The Air Quality Division is proposing revisions tothe Wyoming Air Quality Standards and Regulations listed above. The bulk ofthese changes involve updates to sections to be adopted by reference from the 2008 Code ofFederal Regulations (CFR). Otherchanges to chapters involve bringing them up to date with Federal requirements, including the particulate matter and lead ambient standards in Chapter 2, provisions for PM25 in the Prevention ofSignificant Deterioration section in Chapter 6, and the addition ofa new section to adopt Federal nonattainment NSR rules by reference in Chapter 6. Specific information on the changes can be found in the Statement ofReasons. Modifications to Chapter 2, Sections 2 and 10, Chapter 3, Section 6, and Chapter 6, Sections 4, 10, and 11, involve changes to the State Implementation Plan (SIP). The Wyoming Air Quality Advisory Board approved these changes to the rules at a public meeting held in Casper, Wyoming on October 26 and 27, 2009. Agency Contact Name: Christine Anderson Agency Contact Phone: 307-673-9337 Agency Contact Email: tander(wwvo.gov

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



# __L_ Agency may proceed. 

# RECE,\VED

Delay public comment and set up meeting with 

## DEC \ 5 2009

## di--a-+J----------~GOVEHNOHS OFF\CE 

# s;g:';itmo"**L~/-** It-

# 1°1

Ijno response has been received by the 10'" working day, the Department of Environmental Quality will**proceed~viththeserules.** 

## 1>/1r;./t)1**~_~**

# Office of theAttorneyGeneral

Governor Water and Natural Resources Division ChiefDeputyAnorney General Matthew H. Mead 123 State Capitol Peter K. Michael Cheyenne, Wyoming 82002 Anorney General 307-777-6946 Telephone Division Deputy Gregory A. Phillips 307-777-3542 Fax Jay A. Jerde PRIVILEGED AND CONFIDENTIAL ATTORNEY

- CLIENT COMMUNICATION May 5, 2011 Steven Dietrich, Administrator Air Quality Division Wyoming Department ofEnvironmental Quality 122 West 25th Street Cheyenne, WY 82002 RE: Legal Authority to Adopt and Implement Amendments to Wyoming Air Quality Standards and Regulations, Chapter 6, Section 4 Dear Steve, On February 10,2011, Tina Anderson submitted a request on your behalffor a letter of advice as to whether Wyoming has the authority to adopt and implement amendments to Wyoming's State Implementation Plan (SIP) to incorporate recent amendments to Chapter 6, Section 4 ofthe Wyoming Air Quality Standards and Regulations (WAQSR) and whether such amendments were lawfully adopted. On April 29, 2011, I received a copy ofGovernor Mead's letter to James Martin, Environmental Protection Agency (EPA) Region 8 Administrator, designating Wyoming Department ofEnvironmental Quality (DEQ) Director, John Corra, as his designee for submitting SIP revision requests. I. Background Section 110 of the Clean Air Act (CAA) directs states to adopt and submit SIPs to the EPA providing for the implementation, maintenance, and enforcement of air quality standards. 42 U.S.C. § 7410(a)(2009); 

### see also 40 C.F.R. pt. 51, Appendix V (2010). Upon EPA's approval, the SIP becomes federally enforceable. 42 U.S.C. §§ 7410(k), 7413; 

### see also 40 C.F.R. pt. 52. If a state fails to submit a SIP or EPA disapproves the SIP submittal, then EPA may promulgate a federal implementation plan (FIP). 42 U.S.C. § 7410(c).Steven Dietrich SIP Amendment - WAQSR Ch. 6, Sec. 4 May 5, 2011 Page 2 of3 II. Wyoming has LegalAuthority to Adopt and Implement these SIP Amendments The Wyoming Environmental Quality Act (WEQA) is designed to preserve, protect, use, develop, reclaim and enhance Wyoming's air resources: Whereas pollution of the air

... of this state will imperil public health and welfare, create public or private nuisances, be hannful to wildlife, fish and aquatic life, and impair domestic, agricultural, industrial, recreational and other beneficial uses; it is hereby declared to be the policy and purpose ofthis act to enable the state to prevent, reduce and eliminate pollution; to preserve, and enhance the air

... of Wyoming; to plan the development, use, reclamation, preservation and enhancement ofthe air

... resources of the state; to preserve and exercise the primary responsibilities and rights of the state of Wyoming; to retain for the state the control over its air[.] WYO. STAT. ANN. § 35-11-102 (2010). In enacting the WEQA, Wyoming's legislature balanced public environmental protection goals with the reality that "business and industry, essential to [Wyoming's] economic health, had to be maintained." People v. Platte Pipe Line Co., 649 P.2d 208, 212 (Wyo. 1982). The DEQ Director is authorized to perfonn "any and all acts necessary" to carry out the purposes ofthe WEQA. WYo. STAT. ANN. § 35-11-109(a)(i); see also WYo. STAT. ANN. §§ 9-2­ 2013,35-11-110. Specifically, the DEQ Director is authorized to consult and cooperate with the federal government and "[r]epresent Wyoming in any matters pertaining to plans

... relating to environmental enhancement and protection." WYO. STAT. ANN. § 35-11-109(a)(ii), (viii). All such plans prepared by the DEQ must be submitted to the Governor for review and approval. WYO. STAT. ANN. § 9-1-208. This statutory scheme vests the DEQ Director with the authority and responsibility for developing and adopting air quality SIPs for submittal to the EPA. Following the Governor's approval, the Governor, or the DEQ Director by designation, submits the SIP to EPA. Accordingly, the Wyoming DEQ Director, acting with the Governor's approval, has the authority to adopt and implement these SIP amendments. III. Wyoming Complied with State Law Procedural Requirements in Adopting Amendments to Chapter 6 ofthe WAQSR Chapter 6 of the WAQSR was originally adopted in 1974 and has been amended on several occasions over the years. On July 8, 2010, the Wyoming Environmental Quality Council (EQC) amended Chapter 6, including section 1, introduction to pennitting requirements, to describe all sections ofChapter 6. The EQC also amended section 4, addressing prevention of significant deterioration, to exclude ethanol production facilities from the tenn "chemical process plants;" refined the category of primary aluminum ore reduction plants; added the phrase "or NOx" to the definitions of "major stationary source" and "major modification" to make them consistent with 40 C.F.R. § 51.166; revised the definition of "regulated NSR [New SourceSteven Dietrich SIP Amendment - WAQSR Ch. 6, Sec. 4 May 5, 2011 Page 3 of3 Review] pollutant" to identify regulated pollutant precursors; included a provision accounting for the condensable fraction in PM emissions; revised the definition of"significant" to specify PM2.5 emission rates; clarified the rate units for municipal solid waste landfill emissions; and make minor reference corrections. The EQC also added and "reserved" sections 10, 11 and 12 for future rulemaking endeavors. The EQC also added section 13, nonattainment permit requirements, to incorporate by reference the Federal nonattainment regulations set out in 40 C.F.R. § 51.165. Section 13 will allow Wyoming, rather than the EPA to permit major sources in nonattainment areas. The EQC also added section 14, incorporation by reference, to consolidate all incorporation by references for chapter 6 into one section. All the changes to Chapter 6 were consistent with, but no more stringent than federal rules. The amendments to Chapter 6 of the WAQSR were adopted in substantial compliance with the Wyoming Administrative Procedure Act rulemaking requirements, including WYO. STAT. ANN. § 16-3-103. This amended rule was within the scope, legislative purposes and statutory authorities ofthe EQC and DEQ as provided in WYO. STAT. ANN. §§ 35-11-102, 35-11­ 109,35-11-110,35-11-112 and 35-11-201 through -214. The amended rule was also supported by a "Statement of Principal Purpose" as required by Tri-State Generation and Transmission Ass'n, Inc. v. Envtl. Quality Council, 590 P.2d 1324,1331 (Wyo. 1979). On September 3,2010, Governor Freudenthal approved the amendments to Chapter 6. On September 7, 2010, the Wyoming Secretary ofState filed the amendments as final and the rules became effective. In addition to reviewing the amendments to Chapter 6 ofthe WAQSR, I have reviewed the public hearing notices and transcripts, public comments and Wyoming's responses, and the accompanying certification pages. Based upon this review, it is my opinion that Wyoming has complied with state law in adopting these SIP amendments. Please call me ifyou have any questions.**Sinc~ely,** 

# ;!I!/Ii/ <; 

# fill!l: /
Nancy E.Nehr Sf. Asst. Attorney GeneralAdministrative Rule Review Report #AR10-048 Legislative Service Office 26-July-10 AGENCY: Department ofEnvironmental Quality. DATE SUBMITTED: July 15,2010. SUBJECT: Chapter 2, Ambient Standards; Chapter 3, General Emission Standards; Chapter 5, National Emission Standards; Chapter 6, Permitting Requirements; and Chapter 11, National Acid Rain Program. NATURE OF RULES: Legislative, Procedural STATUTORY AUTHORITY: W.S.35-11-112(a)(i) DETERMINAnON OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date. SUMMARY OF RULES: Generally, these rules are being promulgated to update the air quality rules as required by changes in federal regulations. More specifically, Chapter 2 provides for incorporation by reference to the federal rules, revises some standards or references and includes a new appendix for the interpretation ofthe ammal state ambient air quality standard for certainparticles. Chapter 3 modifies the term for volatile organic compounds and updates the reference date to July 1,2008. Chapter 5 includes additional references to federal rules, makes minor corrections and updates the reference date to July 1, 2008. Chapter 6 modifies and adds some definitions, incorporates nonattainment permit requirements and provides for the incorporation by reference ofprovisions ofthe code offederal regulations. Chapter 11 updates the reference date to July 1,2008. As noted in the agency's statement ofreasons, generally the changes meet, but do not exceed, federal requirements. Once exception noted is the change to ambient standards for particulate matter. While the federal government dropped the annual PMlO standard, the agency retained the standard "as a useful permitting and compliance tool for sources offugitive dust."Administrative Rule Review Report #ARIO-048 Legislative Service Office 26-July-IO Page 2

Another change of note is the modification of the definition of "major stationary source" to exclude ethanol production facilities from the tenn "chemical process plants" for purposes ofthe section dealing with significant deterioration. FINDINGS: The rules appear to be within the scope ofstatutory authority and legislative intent. Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review.

STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

# ~~v axme . eaver StaffAttorney

Assistant Director MRW/35-11-112. Powers and duties of the environmental quality council. (a) The council shall act as the hearing examiner for the department and shall hear and determine all cases or issues arising under the laws, rules, regulations, standards or orders issued or administered by the department or its air quality, land quality, solid and hazardous waste management or water quality divisions. Notwithstanding any other provision of this act, including this section, the council shall have no authority to promulgate rules or to hear or determine any case or issue arising under the laws, rules, regulations, standards or orders issued or administered by the industrial siting or abandoned mine land divisions of the department. The council shall: (i) Promulgate rules and regulations necessary for the administration of this act, after recommendation from the director of the department, the administrators of the various divisions and their respective advisory boards;Notice ofProposed Rulemaking Before The Environmental Quality Council By the Department ofEnvironmental Quality Air Quality Division (AQD) The Environmental Quality Council (EQc) will hold a public hearing beginning at I P.M. on July 8, 2010. The hearing will be held at the Crook County Courthouse, Community Room, 309 Cleveland St., Sundance, Wyoming. The Wyoming Department of Environmental Quality, Air Quality Division, is proposing to revise Wyoming Air Quality Standards and Regulations (WAQSR) Chapter 2, Ambient Standards, Chapter 3, General Emission Standards, Chapter 5, National Emission Standards, Chapter 6, Permitting Requirements, and Chapter 11, National Acid Rain Program. The bulk of these changes involve updates to sections adopted by reference from the 2008 Code ofFederal Regulations. Other changes include updating particulate matter and lead ambient standards in Chapter 2 and changes to the Prevention of Significant Deterioration section of Chapter 6, to bring it up to date with Federal requirements, which include provisions for PM2.5 and the addition ofa new section to adopt Federal nonattainmentNSRrules by reference. Sections 2 and 10 ofChapter 2, Sections 6 and 9 ofChapter 3, and Sections 4, 13 and 14 ofChapter 6 involve changes to the State Implementation Plan (SIP). The notice for submitting written comments on the WDEQIAQD proposed revisions was first published on May 9,2010. The comment period will close on June 23, 2010. Written comments will also become a part ofthe public record ifthey are signed bythe commenter and submitted to Administrator, WDEQ/AQD, Herschler Building 2-E, 122 W. 25th Street, Cheyenne, Wyoming, 82002, or faxed to 307-777-5616, by June 23, 2010. Copies of the public notice and the proposed rules are available for public inspection at the Department ofEnvironmental Quality, Air Quality Division, Herschler Building, 2nd Floor, 122 W. 25th Street, Cheyenne, Wyoming. Electronic copies are available at http://deq.state.wv.us/aqd/index.asp. If you have questions regarding the proposed rules, contact Christine Anderson, Air Quality Division, at 307-673­ 9337. The WDEQIAQD will file an analysis ofthe comments received. The EQC has scheduled the public hearing on July 8, 2010. The EQC will consider the proposed rules, written comments, and the analysis ofcomments, along with any modifications proposed by the WDEQIAQD to the draft rules. Comments submitted during the comment period can be viewed at the EQC website: http://eqc.state.wy.us/docket.htm under the linktitled "10-2101". Any person wishing to use a digital presentation during their testimony before the Council must provide a digital copy to the Council no less than 3 days prior to the hearing unless you contact the Council 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 during their testimony. In accordance with theAmericans with DisabilitiesAct, special assistance or alternativeformats will be made available upon request for individuals with disabilities

# Environmental Quality CouncilHearing July 8, 2010--Public Notice

Newspaper Casper StarTribune Gillette News Record SundanceTimes Wyoming Tribune-Eagle RockSpringsRocket-Miner Date ofPublication May 9 and 10,2010 May 10,2010 May 13,2010 May 10,2010 May 11 and 12,2010BEFORE THE ENVIRONMENTAL QUALITY COUNCIL STATE OF WYOMING IN THE MATTER OF REVISIONS TO SECTIONS ) ONE, TWO, TEN, AND THEADDITION OF SECTION ) TWELVE AND APPENDIX ONE TO CHAPTERTWO; ) REVISIONS TO SECTIONS SIX AND NINE TO ) CHAPTER THREE; REVISIONSTO SECTIONS TWO, ) THREE AND FOUR TO CHAPTER FIVE; REVISIONS ) STATEMENT OF TO SECTIONS ONE AND FOUR, AND THE ) PRINCIPAL REASONS ADDITION OF SECTIONS TEN, ELEVEN, ) FOR ADOPTION TWELVE, THIRTEEN AND FOURTEEN TO ) CHAPTER SIX; AND REVISIONS TO SECTION ) TWO TO CHAPTER ELEVEN OF THE WYOMING ) AIR QUALITY STANDARDS AND REGULATIONS )

I. The Environmental Quality Council, pursuantto the authority vested in it by the Wyoming Statutes 35-11-112 (a) (i), has revised or added the following chapters and sections to the Wyoming Air Quality Standards and Regulations. The following sections have been revised: Chapter2, Ambient Standards, Section 1, Introduction to ambient standards, Section 2, Ambient standards for particulate matter, and Section 10, Ambient standards for lead; Chapter 3, General Emission Standards, Section 6, Emission standards for volatile organic compounds, and Section 9, Incorporation by reference; Chapter5, National Emission Standards, Section 2, New source performance standards, Section 3, National emission standards for hazardous air pollutants, and Section 4, Incorporation by reference; Chapter 6, Permitting Requirements, Section 1, Introduction to permitting requirements and Section 4, Prevention ofsignificant deterioration; and Chapter 11, National Acid Rain Program, Section 2, Acid rain program. The following sections have been added: Chapter 2, Ambient Standards, Section 12, Incorporation by reference, and Appendix 1, Interpretation ofthe Annual State Ambient Air Quality Standards for PM 10; and Chapter 6, Permitting Requirements, Section 10, Reserved, Section 11, Reserved, Section 12, Reserved, Section 13, Nonattainmentpermitrequirements, and Section 14, Incorporation by reference. 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, orcontrol 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 eliminatingthe pollution; and (E) The social welfare and aesthetic value. 3. Chapter 2, Ambient Standards, Section 1, Introduction to ambient standards, was revised to describe a new Section 12, Incorporation by reference. Section 2, Ambient standards for particulate matter, was revised to make the State PM25 ambient standards consistent with current Federal PM25 standards, but no more stringentthan Federal standards. Section 2, Ambient standards for particulate matter, was also revised to retain the annualPMIO standard as a State only standard for PMIO, along with a newly created Appendix I, Interpretation ofthe Annual State Ambient Air Quality Standards for PM 10, to aid in determining attainment ofthe State annual PMIO standard. The Federal government dropped the annual PMIO standard on October 17,2006. The annual PMIO standard is being retained as a useful permitting and compliance tool for sources offugitive dust. Section 10, Ambient standards for lead, was revised to make the State lead ambient standards consistent with current Federal lead standards, but no more stringent than Federal standards. A new Section 12, Incorporation by reference, was added to Chapter 2 to consolidate all adoption by reference for the chapter in one place. Changes to Chapter 2, Ambient Standards, Section 2, Ambient standards for particulate matter, and Section 10, Ambient standards for lead, involve changes to the State Implementation Plan (SIP). 4. Chapter 3, General Emission Standards, Section 6, Emission standards for volatile organic compounds, was modified to include 40 CFR § 51.100(s) and 51.100(s)(5) in the definition of"volatile organic compounds". Section 9, Incorporation by reference, was revised as part ofthe annual effort to adopt changes to the Federal definition, bringing the version up to date as ofJuly 1, 2008. Chapter 3, General Emission Standards, Section 6, Emission standards for volatile organic compounds, and Section 9, Incorporation by reference, involve changes to the SIP. 5. Chapter 5, National Emission Standards, Section 2, New source performance standards Section 3, National emission standards for hazardous air pollutants, and Section 4, Incorporation by reference, and Chapter 11, National Acid Rain Program, Section 2, Acid rain program, have been updated as an annual effortto adopt by reference from the Code ofFederal Regulations (CFR) for July 1,2008. Some minor corrections were also made to Chapter 5, National Emission Standards, Section 2, New source performance standards, to reflect the change from the use ofthe phrase, "the effective date" to "the date ofproposal ofthat standard". 6. Chapter 6, Permitting Requirements, Section 1, Introduction to permittingrequirements, was revised to describe all sections in the chapter. The definition of"major stationary source" under Section 4, Prevention ofsignificant deterioration, was revised to exclude ethanol production facilities from the term "chemical process plants" and refine the category ofprimary aluminum ore reduction plants. The phrase "orNOx" was added to the definitions of"major stationary source" and "Major modification" to make them consistent with 40 CFR § 51.166. The definition of"regulated NSRpollutant" was also revised to identify precursors for regulated pollutants. Section 4, Prevention of significant deterioration, was also revised to include a provision to account for the condensable fraction in particulate matter emissions. The definition of"significant"was revised to specify emission rates for PM25 and clarify the rate units for municipal solid waste landfill emissions. Minor reference corrections were also made in this section. Sections 10, 11, and 12 were "Reserved" for future rulemaking endeavors. Section 13, Nonattainmentpermitrequirements, was added to Chapter 6 to incorporate by reference the Federal nonattainment regulations under 40 CFR § 51.165. This section will allow the State, rather than the EPA, to permitmajor sources in nonattainment areas. Section 14, Incorporation by reference, was added to Chapter 6 to consolidate all adoption by reference for the chapter in one place. All changes to Chapter 6 make State rules consistentwith Federal rules, but no more stringent than Federal rules. Changes to Chapter 6, Permitting Requirements, Section 4, Prevention ofsignificant deterioration, Section 13, Nonattainmentpermitrequirements, and Section 14, Incorporation by reference, involve changes to the SIP. The Council finds thatthese 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

## ~1h**daYOf~,2010.**

# fl.v~L Hearing Examiner

- 

### PrintedName Hearing Examiner

- 

### SignedName Wyoming Environmental Quality Council WyomingEnvironmental Quality Council

2Responseto Comments Air Quality Division Rulemaking Beforethe EQC 7/8/20I0

Commenter: Shay R. Westbrook, Gene R. George and Associates (Yates Petroleum Corp) Date: 6/22/2010

Comment#1: Yates understands the needto update AQ standards by referencingthe Code of Federal Regulations and believesthatregulation ofthe oil and gas industry is most effective when conducted bythe State rather than the federal agencies. Response: The AQ Division appreciates the support from Yates onthis effort. 

### In order for the state to retain primacy in this area, the Division is required to adopt New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants into State rule on a regular basis. Once that adoptionhas occurred, the Staterequests delegation from the EPAto continue to enforcethe regulations as State standards. Comment#2: Yates againunderstands the need for adoption, but is particularly concerned with the new emission testing requirements for stationary internal combustion engines (subpart JJJJ). Yates points out the additional expense and time necessaryto comply with these standards. Response: The AQ Division is aware that subpartJJJJ presents additional burdens for the regulated industry; however, iftheDivision does not adopt these standards into State rule, the EPA will still require compliance with the rule andthe EPA will regulate the industry directly. Unfortunately, the besttime to have commented ontheparticulars ofsubpart JJJJ was during the federal rulemaking process for this subpart.EQC PUBLIC HEARING CHAPTERS 2, 3, 5, 6 AND 11 (R-18) CROOK COUNTY COURTHOUSE - COMMUNITY ROOM 309 CLEVELAND STREET

SUNDANCE, WYOMING JULY 8, 2010

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### I v-- '­ \ L'­ 'THE STATE OF WYOMING ENVIRONMENTAL QUALITY COUNCIL
DRAFT AGENDA (Submitted

- June 24, 2010) TheAgenda may be amended at anytime, up to 24 hours priorto 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 and Location: July 8, 2010

- Crook County Court House, 309 Cleveland, Community Room, Sundance, WY HEARING: 1. CALL TO ORDER

- Introduction ofCouncil and Staff

2. VERY RARE OR UNCOMMON PETITION CONSIDERATION A. Consideration by Council ofSand CreekAmended Petition

- July 8, 2010

- 9:00 A.M.

3. APPROVAL OF MINUTES A. March 11-12,2010 B. May 13-14,2010

4. CONSENT AGENDA A. Notice ofViolation and Orders a. Ronald James Abernathy

- Notice ofViolation and Order

- DEQ Docket No. 4669­ 10, EQC Docket No. 10-5203 b. Shawn McCoy

- Notice ofViolation and Order

- DEQ Docket No. 4674-10, EQC DocketNo. 10-5204 c. Kevin Smith

- Notice ofViolation and Order

- DEQ Docket No. 4679-10, EQC DocketNo. 10-3216 d. Town ofSuperior

- Notice ofViolation and Order

- DEQ Docket No. 4678-10, EQC DocketNo. 10-3215 e. City ofGreen River Public Services

- Notice ofViolation and Order

- DEQ Docket No. 4672-10, EQC DocketNo. 10-3214 f. Reiman Corporation

- Notice ofViolation and Order

- DEQ Docket No. 4691-10, EQC DocketNo. 10-3217 g. Sunny Meadows Village

- Notice ofViolation and Order

- DEQ DocketNo. 4677-10, EQC Docket No. 10-3218 h. Trapper Trails Council- National Forest Service

- Notice ofViolation and Order

­ DEQ DocketNo. 4659-10, EQC Docket No. 10-32195. DISMISSALS A. Croell Redi-Mix, Inc.

- 09-4806

- Ratify Order Denying Petition for Reconsideration of Council's Decision on Rehearing made By Presiding officer

- Ratify Order Denying Motion to Correct Record and Motion to Reopen Evidence.
6. HEARINGSIDECISIONS A. Mullinax Concrete Service

- EQC Docket No.'s 09-4602 and 10-4601 (Consolidated) Approve Joint Stipulation for Withdrawal and Voluntary Dismissal ofAppeal Without Prejudice B. In the Matter ofthe Appeal ofPRBRC, Bernadette Barlow, Bernadette Barlow Trust, William L. Barlow Trust and Eric Barlow from WYPDES Permit No. WY0052299, EQC DocketNo. 09-3802

- Approval ofOrder Denying Petitioners' Motion for Summary Judgment C. Pathfinder Mines Corp.

- Third Stipulation and Motion to Modify Settlement Agreement with Amendment#3 to SettlementAgreement

- OLD EQC Docket Nos: 2485-93 and 00­ 5402 D. Sublette County, Marbleton #2 Landfill- Joint Sitpulation to Modify Settlement Agreement

- EQC DocketNo. 09-5601 E. SALL Enterprises LLC

- EQC DocketNo. 1O-3212A

- Order Granting Town ofAlpine's Motion to Intervene 7. DEQ RULE PACKAGE PRESENTATIONS A. DEQIAQD

- Chapters 2,3,5,6,11

- EQC DocketNo. 10-2101

- July 8, 2010- 1:00 P.M. B. DEQ/WQD

- Chapter 24

- EQC DocketNo. 10-3101

- July 8, 2010

- 3:00 P.M. 8. DISCUSSION A. Executive Secretary's Report

- Jim Ruby 1. Budget Discussion 2. Classification ofPosition B. Attorney General's Report

- Marion Yoder C. Appointment ofPresiding Officers 1. Milne Development Corporation

- EQC DocketNo. 10-5601 2. Croell Redi-Mix, AQ Permit

- EQC DocketNo. 10-2803 ADJOURN

In accordance with the Americans with Disabilities Act, special assistance or alternate formats will be made available upon request for individuals with disabilities.

### WYOMING DEPARTMENT OFENVIRONMENTAL QUALITY AIR QUALITY DIVISION STANDARDS AND REGULATIONS Permitting Requirements 

### CHAPTER6 Section 4. 

### Prevention ofsignificant deterioration. (a) Definitions. For purposes ofthis section: 

### "Actualemissions"means the actual rate ofemissions ofa regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (i) through (iii) ofthis definition, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, orfor establishing a PAL underparagraph (b)(xv) ofthis section. Instead, the definitions for "Projected actual emissions" and "Baseline actual emissions" ofthis section shall apply for those purposes. (i) In general, actual emissions as ofa particular date shall equal the average rate, in tons peryear, at which the unit actually emitted the pollutant during a consecutive 24-monthperiod which precedes the particular date and which is representative ofnormal source operation. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, productionrates, and types ofmaterials processed, stored, orcombusted during the selected time period. (ii) The Division may presume that source-specific allowable emissions for the unit are equivalentto the actual emissions ofthe unit. (iii) For any emissions unit that has not begun normal operations onthe particular date, actual emissions shall equal the potential to emit ofthe unit onthat date. 

### ''Administrator''means Administrator ofthe Division ofAir Quality, Wyoming Department ofEnvironmental Quality. 

### ''Allowable emissions"means the emissionrate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to enforceable permit conditions which limit the operating rate orhours ofoperation, or both) and the most stringent ofthe following: (i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these regulations and other new source performance standards and national emission

6-1standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the State ofWyoming. (ii) Any other applicable emission limit in these regulations. (iii) The emission rate agreed to by the owner or operator as an enforceable permit condition. "Baselineactualemissions"means the rate ofemissions, in tons peryear, ofa regulated NSRpollutant, as determined in accordance with paragraphs (i) through (iv) of this definition. (i) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected bythe owner oroperator within the 5-yearperiod immediatelypreceding when the owner or operator begins actual construction ofthe project. The Division shall allowthe use ofa different time period upon a determination that it is more representative ofnormal source operation. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-monthperiod. (C) For a regulated NSRpollutant, when a project involves multiple emissions units, only one consecutive 24-monthperiod must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-monthperiod can be used for each regulated NSRpollutant. (D) The average rate shall not be based on any consecutive 24­ month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by paragraph (i)(B) ofthis definition. (ii) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction ofthe project, or the date a complete permit application is received by the Division for a Chapter 6, Section4 permit, whichever is earlier, except that the lO-yearperiod shall not include any period earlier thanNovember 15, 1990.

6-2(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-monthperiod. (C) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source beenrequired to comply with such limitations during the consecutive 24-monthperiod; however, ifan emission limitation is part ofa maximum achievable control technology standard that the EPA Administratorproposed orpromulgated under 40 CFR 63, the baseline actual emissions need only be adjusted ifthe Divisionhas taken credit for such emissions reductions in an attainment demonstration ormaintenance plan consistent with the requirements of40 CFR51.165(a)(3)(ii)(G). (D) Fora regulatedNSRpollutant, when a project involves multiple emissions units, only one consecutive 24-monthperiod must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-monthperiod can be used for each regulated NSRpollutant. (E) The average rate shall not be based on any consecutive 24­ month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired by paragraphs (ii)(B) and (C) of this definition. (iii) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all otherpurposes, shall equal the unit's potential to emit. (iv) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (i) ofthis definition, for other existing emissions units in accordance with the procedures contained in paragraph (ii) ofthis definition, and for a newemissions unit in accordance with the procedures contained in paragraph (iii) ofthis definition. 

### "Baselinearea"means any intrastate area (and every partthereot) designated as attainment or unclassifiable under the Federal Clean Air Act in which a major source or major modification establishing the minor source baseline date would construct or would

6-3have an air quality impact equal to or greater than 1 I-lg/m3 (annual average) ofthe pollutant for which the minor source baseline date is established. (i) The following baseline areas have been designated as separate particulate matter attainment areas under section 107 ofthe Clean Air Act: (A) The Powder River BasinArea, described as that area bounded by Township 40 through 52 North, and Range 69 through 73 West, inclusive ofthe Sixth Principal Meridian, Campbell and Converse Counties, excluding the areas defined as the Pacific Power and Light attainment area and the Hampshire Energy attainment area. (B) The Pacific Power and Light Area, described as that area bounded by the NW'i'4 ofSection 27, T50N, R71W, Campbell County, Wyoming. (C) The Hampshire Energy Area, described as that areabounded by Section 6 excluding the SW'i'4; 

### EYz Section 7; Section 17 excluding the SW'i'4; Section 14 excluding the SE'i'4; Sections 2,3,4,5,8,9,10, 11, 15, 16 ofT48N, R70W and Section 26 excluding the NE'i'4; SW'i'4 Section 23; Sections 19,20,21,22,27,28,29,30, 31,32,33,34,35 ofT49N, R70W, Campbell County, Wyoming. (D) The Kennecott-Puron Area, described as the area bounded by the WYzSW'i'4 Section 18, WYzNW'i'4, NW'i'4SW'i'4 Section 19, T47N, R70W, SYz Section 

### 13, NYz, NYzSW'i'4, NYzSE'i'4 Section 24 T47N, R71W, Campbell County, Wyoming. (E) The remainder ofthe State ofWyoming. (ii) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PMIO increments. 

### UBaseline concentration"means that ambient concentration level which exists in the baseline area at the time ofthe applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: (i) The actual emissions, as defined in this section, representative of sources in existence onthe applicable minor source baseline date, except as provided in paragraph (iv) ofthis definition; (ii) The allowable emissions ofmajor stationary sources which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date;

6-4(iii) Contributions due to emissions from any emitting source or modification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Major stationary source", item (a) and qualified as "major"priorto August 7, 1980 only because fugitive emissions were included in determining potential to emit, (2) submitted a complete permit application under Chapter 6, Section 4(b) orthe Federal Clean Air Act prior to August 7, 1980, and (3) was in existence as ofthe minor source baseline date; (iv) The following will not be included inthe baseline concentration and will affect the applicable maximum allowable increment: (A) Actual emissions, as defined in this section, from any major stationary source onwhich construction commenced after the major source baseline date; and (B) Actual emissions increases and decreases, as determined in accordance with the definition for "Actual emissions" in this section, at any stationary source occurring after the minor source baseline date. 

### "Begin actualconstruction"means, in general, initiation ofphysical on-site construction activities on an emissions unit which are ofa permanentnature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofunderground pipework, and construction ofpermanent storage structures. With respect to a change in method ofoperation this term refers to those onsite activities, other thanpreparatory activities, which markthe initiation ofthe change. 

### "Bestavailable controltechnology" means an emission limitation (including a visible emission standard) based on the maximum degree ofreduction ofeachpollutant subjectto regulation under these Standards and Regulations or regulation under the Federal Clean Air Act, which would be emitted from orwhichresults for any proposed major stationary source or major modification whichthe Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modificationthrough application or productionprocesses and available methods, systems, and techniques, including fuel cleaning ortreatment or innovative fuel combustion techniques for control ofsuch pollutant. Ifthe Administrator determines that technological or economic limitations on the application ofmeasurement methodology to a particularemissions unit would make the imposition ofan emission standard infeasible, he may instead prescribe a design, equipment, work practice or operational standard or combinationthereofto satisfy the requirement ofBest Available Control Technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation ofsuch design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results. Application ofBACT shall not result in emissions in excess ofthose allowed under Chapter 5, Section 2 or Section 3 ofthese regulations and any

6-5other new source performance standard ornational emission standards for hazardous air pollutantspromulgated by the EPA but not yet adopted by the State ofWyoming. 

### "Clean coaltechnology"means any technology, including technologies applied at the precombustion, combustion, orpost combustion stage, at a new or existing facility which will achieve significantreduction in air emissions ofsulfur dioxide or oxides of nitrogen associated with the utilization ofcoal in the generation ofelectricity, orprocess steam which was not in widespread use as ofNovember 15, 1990. 

### "Clean coaltechnology demonstrationproject"means a projectusing funds appropriated under the heading "Department ofEnergy-Clean Coal Technology", up to a total amount of$2,500,000,000 for commercial demonstration ofclean coal technology, or similarprojects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost ofthe demonstration project. 

### "Commenced", as applied to construction ofa major stationary source ormajor modification, means that the owner oroperator has obtained a Construction Permit required by Chapter 6, Section 2 and either has (i) begun, or caused to begin, a continuous program ofactual on-site construction ofthe source or (ii) entered into binding agreements orcontractual obligations, which cannot be canceled or modified without substantial loss to the owner oroperator, to undertake a program ofconstruction ofthe source to be completed within a reasonable time. 

### "Complete"means, in reference to an application for a permit, that the application contains all the information necessary for processing the application. Designating an application complete for purposes ofpermitprocessing does not preclude the Division from requesting or accepting any additional information. 

### "Construction"means any physical change or change in the method ofoperation (including fabrication, erection, installation, demolition, ormodification ofan emissions unit) which would result in a change in emissions. 

### "Continuous emissions monitoringsystem (CEMS) " means all ofthe equipment that may be required to meet the data acquisition and availability requirements ofthis section, to sample, condition (ifapplicable), analyze, and provide a record ofemissions on a continuous basis. 

### "Continuous emissions rate monitoringsystem (CERMS) " means the total equipment required for the determination and recording ofthe pollutant mass emissions rate (in terms ofmass per unit oftime). 

### "Continuousparametermonitoringsystem (CPMS) " means all ofthe equipment necessary to meet the data acquisition and availability requirements ofthis section, to

6-6monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2or C02 concentrations), and to record average operational parametervalue(s) on a continuous basis. 

### "Electric utilitysteamgenerating unit"means any steam electric generating unit that is constructed for the purpose ofsupplying more than one-third ofits potential electric output capacity and more than 25 MW electrical outputto any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose ofproviding steam to a steam-electric utility steam generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. 

### "Emissions unit"means any part ofa stationary source that emits or would have the potential to emit any regulated NSRpollutant and includes an electric utility steam generating unit as defined in this section. For purposes ofthis section, there are two types ofemissions units as described in paragraphs (i) and (ii) ofthis definition. (i) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated. (ii) An existing emissions unit is any emissions unit that does not meetthe requirements in paragraph (i) ofthis definition. 

### "Enforceable"means all limitations and conditions which are enforceable under provisions ofthe Wyoming Environmental Quality Act and/or are federally enforceable by the Administrator ofthe EPA, including those requirements developed pursuant to 40 CFRparts 60 and 61, requirements within the State Implementation Plan, and any permit requirements establishedpursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.18 or 51.166. 

### "FederalLandManager"means, with respect to any lands in the United States, the Secretary ofthe Department with authority over such lands. 

### "Fugitive emissions"means those emissions which could not reasonably pass through a stack, chimney, vent, orother functionally equivalent opening. 

### "High terrain"means any area having an elevation 900 feet ormore above the base ofthe stack ofa source. 

### "Indian GoverningBody"means the governing body ofany tribe, band, or group ofIndians subject to thejurisdiction ofthe United States and recognized by the United States as possessing power ofself-Government.

6-7

### "Indian Reservation"means any federally recognized reservation established by treaty, agreement, executive order, oract ofCongress. 

### "Innovative controltechnology"means any system ofair pollution control that has not been adequately demonstrated inpractice, but would have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice orofachieving at least comparable reductions at lower cost in terms ofenergy, economics, or non air quality environmental impacts. 

### "Lowest achievable emission rate (LAER) " means, for any source, the more stringent rate ofemissions based on the following: (i) The most stringent emissions limitation which is contained in the implementation plan ofany State for such class or category ofstationary source, unless the owneror operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or (ii) The most stringent emissions limitation which is achieved inpractice by such class or category ofstationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. In no event shall the application ofthe term permit a proposed new ormodified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard ofperformance. 

### "Low terrain"means any area otherthan high terrain. 

### "Major modification"means any physical change in orchange in the method of operation ofa major stationary source that wouldresult in: a significant emissions increase (as defined inthe definition for "Significant emissions increase" in this section) ofa regulated NSRpollutant (as defined in the definition for "RegulatedNSRpollutant" in this section); and a significant net emissions increase ofthat pollutant from the major stationary source. Any significant emissions increase (as defined in the definition for "Significant emissions increase" in this section) from any emissions units ornet emissions increase (as defined in the definition for "Netemissions increase" in this section) at a major stationary source that is significant for volatile organic compounds or NOx shall be considered significant for ozone. (i) A physical change or change in the method ofoperation shall not include: (A) Routine maintenance, repair and replacement.

6-8(B) Use ofan alternative fuel by reason ofan order under section 125 ofthe Federal Clean Air Act; (C) An increase inthe hours ofoperation or in the productionrate, ifsuch increase does not exceed the operating design capacity ofthe major stationary source unless such change would be prohibited by, orinconsistent with, an enforceable permit issued by the Division; (D) Use ofan alternative fuel orraw material by reason ofan order in effect under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), orby reason ofa natural gas curtailmentplan in effect pursuantto the Federal Power Act; (E) Use ofan alternative fuel orraw material, ifprior to January 6, 1975, the source was capable ofaccommodating such fuel or material unless such change would be prohibited by, or inconsistent with, an enforceable permit issued by the Division, or ifthe source is approved to use such fuel or material through an enforceable permit issued under these regulations; (F) Change in ownership ofthe stationary source; (G) The use ofmunicipal solid waste as an alternative fuel at a steam generating plant; (H) The installation, operation, cessation orremoval ofa temporary clean coal technology demonstration project, provided that the project complies with: (I) The Wyoming State Implementation Plan, and (II) Otherrequirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. (I) The installation oroperation ofa permanent clean coal technology demonstrationproject that constitutes repowering, provided that the project does not result in an increase inthe potential to emit ofany regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutantbasis. (1) The reactivation ofa very clean coal-fired electric utility steam generating unit. (ii) This definition shall not apply with respect to aparticularregulated NSRpollutant when the major stationary source is complying withthe requirements underparagraph (b)(xv) ofthis section for a PAL for thatpollutant. Instead, the

6-9definition in paragraph (b)(xv)(B) for "PALmajormodification" ofthis section shall apply. 

### "Majorsource baseline date"means: (i) In the case ofparticulate matter and sulfur dioxide, January 6, 1975; and (ii) In the case ofnitrogen dioxide, February 8, 1988. 

### "Majorstationarysource"means (a) any ofthe following stationary sources of airpollutants which emit, orhave the potential to emit, one hundred tons peryear ormore ofany air pollutant for which standards are established under these Standards and Regulations orunder the Federal Clean Air Act: fossil fuel-fired steam electric plants of more than two hundred and fifty million British thermal units per hour heat input, coal cleaning plants (withthermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable ofcharging more than two hundred and fifty tons ofrefuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rockprocessing plants, coke oven batteries, sulfurrecovery plants, carbonblack plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included inNAICS codes 325193 or 312140), fossil fuel boilers (or combinations thereof) ofmore than two hundred and fifty million British thermal units per hour heat input, petroleum storage and transfer plants with a capacity exceeding three hundred thousand barrels, taconite ore processing plants, glass fiber processing plants, charcoal production plants. (b) Suchterm also includes any stationary source which emits, orhas the potential to emit, two hundred and fifty tons peryear or more ofany air pollutant for which standards are established under these Standards and Regulations orunder the Federal Clean AirAct. (c) Suchterm also includes any physical change that would occur at a stationary source not otherwise qualifying under this definition ifthe change would constitute a major stationary source by itself. (d) A major source which is major for volatile organic compounds orNOx is considered to be major for ozone. 

### "Minorsource baseline date" means the earliest date after August 7, 1977 for particulate matter and sulfur dioxide, and after February 8, 1988 for nitrogen oxides, on which a major stationary source or major modification submits a complete permit application under Chapter 6, Section 4(b) orunder the Federal Clean Air Act. (i) The minor source baseline date for sulfur dioxide for the State of Wyoming is February 2, 1978.

6-10(ii) The minor source baseline date for nitrogen oxides for the State of Wyoming is February 26, 1988. (iii) The minor source baseline date for particulate matter is as follows: (A) Forthe PowderRiver BasinArea

- March 6, 1997; (B) Forthe Pacific Power and Light Area

- June 18 1980; (C) Forthe Hampshire Energy Area

- September 30, 1982; (D) Forthe Kennecott-Puron Area

- February 27, 1995; (E) For the rest ofthe State ofWyoming

- February 22, 1979. (iv) The baseline date is established for eachpollutant for which increments or other equivalent measures have been established, if: (A) The area in which the proposed source ormodification would construct is designated as attainment or unclassifiable underthe Federal CleanAir Act for the pollutant onthe date ofits complete application; and (B) In the case ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant. (v) The baseline date is not established by the permit application for an emitting source or modification which (1) is not listed in Chapter 6, Section 4(a) under the definition for "Majorstationary source", item (a), (2) qualified as "major"prior to August 7, 1980 only because fugitive emissions were included in determining potential to emit, and (3) submitted a complete permit application under Chapter 6, Section4(b) or the Federal Clean Air Actpriorto August 7, 1980. (vi) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM IO increments. 

### "Netemissions increase"means, with respectto any regulated NSRpollutant emitted by a major stationary source, the amountby which the sum ofthe following exceeds zero: (i) The increase in emissions from a particularphysical change or change in the method ofoperation at a stationary source as calculatedpursuantto paragraph (b)(i)(J) ofthis section;

6-11(ii) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases underthis paragraph (ii) shall be determined as provided inthe definition for "Baseline actual emissions", except that paragraphs (i)(C) and (ii)(D) ofthe definition for "Baseline actual emissions" shall not apply. (iii) Anincrease or decrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs between: (A) The date five years before construction on the particular change commences; and (B) The date that the increase from the particular change occurs. (iv) An increase ordecrease in actual emissions is creditable only if: (A) The Division has not relied on itin issuing a Chapter 6, Section4 permit for the source, which is in effect when the increase in actual emissions from the particular change occurs. (v) An increase ordecrease in actual emissions ofsulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculating the amount ofmaximum allowable increases remaining available. (vi) An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old level. (vii) A decrease in actual emissions is creditable only to the extent that: (A) The old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (B) Itis enforceable as a practical matter at and after the time that actual construction on the particular change begins; (C) Ithas approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and (viii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins

6-12to emit a particularpollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (ix) The definition of"Actual emissions" ofthis section, shall not apply for determining creditable increases and decreases. 

### "Potential to emit"means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions on hours ofoperation orthe type or amount ofmaterial combusted, stored, orprocessed, shall be treated as part ofits design ifthe limitation or the affect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. 

### "Predictive emissions monitoringsystem (PEMS)" means all ofthe equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 

### "Project" means a physical change in, or change in method ofoperation of, an existing major stationary source. 

### "Projectedactualemissions"means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSRpollutant in any one ofthe 5 years (12-month period) following the date the unit resumes regular operation after the project, or in anyone ofthe 10 years following that date, ifthe project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSRpollutant, and full utilization ofthe unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source. (i) In determining the projected actual emissions under the above paragraph ofthis section (before beginning actual construction), the owneroroperator of the major stationary source: (A) Shall consider all relevant information, including but not limitedto, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections ofbusiness activity, the company's filings with the State or Federal regulatory authorities, and compliance plans approved by the Division; (B) Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions;

6-13(C) Shall exclude, in calculating any increase in emissions that results from the particularproject, that portion ofthe unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under the definition for "Baseline actual emissions" ofthis section and that are also unrelated to the particularproject, including any increased utilization due to product demand growth; or, (D) In lieu ofusing the method set out in paragraphs (i)(A) through (C) ofthis definition, may electto use the emissions unit'spotential to emit, in tons peryear, as defined under the definition of"Potential to emit" ofthis section. 

### "Reactivation of a very clean coal-firedelectric utility steamgenerating unit" means any physical change or change in the method ofoperation associated with the commencement ofcommercial operations by a coal-fired utility unit after aperiod of discontinued operation where the unit: (i) Has notbeen in operation for the two-year period prior to the enactment ofthe Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in the State ofWyoming's emissions inventory at the time of enactment; (ii) Was equippedpriorto shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide ofno less than 85 percent and a removal efficiency for particulates ofnot less than 98 percent; (iii) Is equipped with 10w-NOxburners priorto the time of commencement ofoperations following reactivation; and (iv) Is otherwise in compliance with the requirements ofthe Clean Air Act. 

### "RegulatedNSRpollutant", for purposes ofthis section, means the following: (i) Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified underthis paragraph as a constituent or precursor to suchpollutant. Precursors identified bythe EPA Administrator for purposes ofNSR are the following: (A) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas. (B) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas.

6-14(C) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the EPA Administrator's satisfaction orEPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations. (D) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment orunclassifiable area, unless the State demonstrates to the EPA Administrator's satisfaction orEPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributorto that area's ambient PM2.5 concentrations. (ii) Any pollutantthat is subject to any standard promulgated under section 111 ofthe Federal Clean Air Act; (iii) Any Class I or II substance subject to a standard promulgated under or established by Title VI ofthe Federal Clean Air Act; (iv) Any pollutantthat otherwise is subject to regulation under the Federal Clean Air Act; except that any orall hazardous air pollutants either listed in section 112 ofthe Federal Clean Air Act or added to the list pursuantto section 112(b)(2) ofthe Federal Clean Air Act, whichhave not been delisted pursuant to section 112(b)(3) ofthe Federal Clean Air Act, are not regulated NSRpollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor ofa general pollutant listed under section 108 ofthe Federal Clean Air Act. (v) [Reserved.] (vi) Particulate matter (PM) emissions, PM2.5 emissions, and PMIO emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PMIO in PSD permits. Compliance with emissions limitations for PM, PM2.5 and PMlO issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions ofthe permit orthe applicable implementationplan. Applicability determinations made priorto this date without accounting for condensable particulate matter shall not be considered in violation ofthis section unless the applicable implementation plan required condensable particulate matter to be included. 

### "Replacement unit"means an emissions unit for which all the criteria listed in this section are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.



### 6-15(i) The emissions unit is a reconstructed unit within the meaning of 40 CFRpart 60. 15(b)(1), orthe emissions unit completely takes the place ofan existing emissions unit.(ii) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (iii) The replacement does not change the basic design parameter(s) (as discussed in 40 CFRpart 51.166(y)(2» ofthe process unit. (iv) The replaced emissions unit is permanentlyremoved from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. Ifthe replaced emissions unit is broughtback into operation, it shall constitute a new emissions unit. 

### "Repowering"means replacement ofan existing coal-fired boiler with one ofthe following clean coal technologies: atmospheric orpressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as determined by the Administrator of EPA, in consultation with the Secretary ofEnergy, a derivative ofone or more ofthese technologies, and any other technology capable ofcontrolling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance oftechnology in widespread commercial use as ofNovember 15, 1990. (i) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as ofJanuary 1, 1991, bythe Department ofEnergy. (ii) The Administrator shall give expedited consideration to permit applications for any source that satisfies the requirements ofthis subsection and is granted an extension under section 409 ofthe Clean Air Act. 

### "Secondary emissions"means emissions which occur as a result ofthe construction or operation ofa major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purposes of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result ofthe construction or modification ofthe major stationary source or major modification. Secondaryemissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofa motor vehicle or from atrain.

6-16

### "Significant"means: (i) In reference to a net emissions increase orthe potential ofa source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed any ofthe following rates: POLLUTANT AND EMISSIONS RATE Carbon monoxide: Nitrogen oxides: Sulfur dioxide: Particulate matter:

Ozone: Lead: Fluorides: Sulfuric acid mist: Hydrogen sulfide (H2 S): Total reduced sulfur (including H2 S): Reduced sulfur compounds (including H2 S): Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): Municipal waste combustor metals (measured as particulate matter): Municipal waste combustor acid gases 100 tons per year (tpy) 40 tpy 40 tpy 25 tpy ofparticulate matter emissions; 15 tpy ofPM 10 emissions 10 tpy ofdirect PM2
.5emissions; 40 tpy ofsulfur dioxide emissions; 40 tpy ofnitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor under the definition of"RegulatedNSRpollutant" in Section4(a) ofthis chapter 40 tpy ofvolatile organic compounds or nitrogen oxides 0.6 tpy 3 tpy 7 tpy 10 tpy 10 tpy 10 tpy

3.2 X 10-6 megagrams per year (3.5 x 10-6 tons per year) 14 megagrams per year (15 tons per year) (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year) Municipal solid waste landfill emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year)

6-17(ii) "Significant" means, in reference to a net emissions increase or the potential ofa source to emit a pollutant subject to these regulations and regulations under the Clean Air Act, that paragraph (i) above does not list, any emissions rate. (iii) Notwithstandingparagraph (i) above, "significant" means any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 10 kilometers ofa Class I Area, and have an impact on such area equal to or greater than 1 !!g/m3 (24-hour average). "Significantemissions increase"means, for a regulated NSRpollutant, an increase in emissions that is significant (as defined in paragraph (i) ofthe definition of "Significant" in this section) for that pollutant. "Stationarysource"means any structure, building, facility, equipment, installation or operation (or combination thereof) which emits or may emit any air pollutant subject to these regulations or regulations under the Federal Clean Air Act. "Structure, building,!acility, equipment, installation, oroperation"means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are underthe control ofthe same person (or persons under common control) except the activities ofany vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same Major Group (i.e., which have the same two-digit code) as described in the StandardIndustrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005­ 00176-0, respectively). "Temporary clean coaltechnology demonstrationproject"means a clean coal technology demonstration project that is operated for a period of5 years or less, and which complies with the Wyoming State Implementation Plan and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. "Volatile organic compounds (VOCs) " is defined in Chapter 3, Section 6(a) of these regulations. (b) Any person who plans to construct any major stationary source orundertake a major modification ofan existing stationary source shall be subject to the conditions outlinedbelow. (i) (A) (I) The review ofthe stationary source for the construction or modification permit(s) required under Chapter 6, Section 2 ofthese regulations shall apply and shall be expanded so as to include analysis ofthe predicted impact ofthe allowable and secondary emissions from the stationary source onthe ambient air quality

6-18in areas affected by suchemissions. Ananalysis ofthe predicted impact ofemissions from the stationary source is required for all pollutants for which standards have been established under these regulations orunder the Federal Clean Air Act and which are emitted in significant amounts. An analysis ofthe impact ofother pollutants may be required bythe Administrator. Such analysis shall identify and quantify the impact onthe air quality in the area ofall emissions not included in the baseline concentrations including, but not limited to, those emissions resulting from the instant application and all otherpermits issued in the area. The purpose ofthis analysis is to determine the total deterioration ofair quality from the baseline concentrations; however, projections of deterioration due to general non-stationary source growth in the areapredicted to occur afterthe date ofapplication is not required. A permit to constructpursuant to Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are complied with and ifthe predicted impact (over and above the baseline concentration) ofemissions defined above is less than the maximum allowable increment shown in Table 1for the classification ofthe area in which the impact is predicted and ifthe ambient standard for the pollutant(s) is not exceeded.

Table 1 Maximum Allowable Increments ofDeterioration

-**~g/m3** Pollutant Class I Class II Particulate Matter: PMIO, annual arithmetic mean PM IO, 24-hour maximum 

### 4 8 17 

### 30 Sulfur Dioxide: Annual arithmetic mean 24-hour maximum* 3-hour maximum* 2 

### 5 25 20 91 512 Nitrogen Dioxide Annual arithmetic mean 2.5 25 *Maximum allowable increment may be exceeded once peryear at any receptor site. (II) Notwithstanding the provisions ofparagraph (b)(i)(A)(I) above, the following concentrations shall be excluded in determining compliance with maximum allowable increases: (1.) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use ofpetroleum products, natural gas, or bothby reason ofan order in effect under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding

6-19legislation) overthe emissions from such sources before the effective date ofsuch an order. No such exclusion shall apply for more than five years after the later ofsuch effective dates; (2.) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason ofnatural gas curtailment plan in effectpursuantto the Federal Power Act overthe emissions from such sources before the effective date ofsuch plan. No such exclusion shall apply for more than 5 years after the later ofsuch effective date; (3.) Concentrations ofparticulate matter attributable to the increase in emissions from construction orother temporary emission-related activities ofnew ormodified sources; (4.) The increase in concentrations attributable to new sources outside the United States overthe concentrations attributable to existing sources which are included in the baseline concentrations; and (5.) Concentrations attributable to the temporary increase in emissions ofsulfur dioxide, particulate matter, ornitrogen oxides from stationary sources as specified below.

a. The temporary emissions do not occur for more than 2 years. b. The 2-year time period is not renewable.

c. Such temporary emissions are not eligible for exclusion ifthey would impact a Class I Area or an area where the applicable increment is known to be violated or an area where they would cause or contribute to a violation ofthe applicable ambient air quality standard. d. At the end ofthe temporary emission time frame, emissions from the stationary source causing these temporary emissions shall not exceed those levels occurring at such source prior to suchtemporary emission. (B) In addition to the analyses required under Chapter 6, Section 4(b)(i)(A) above, (I) The owner or operator shall provide an analysis ofthe impairmentto visibility, soils and vegetation that would occur as a result ofthe source or modification and general commercial, residential, industrial, and other growth associated withthe source ormodification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial orrecreational value.

6-20(II) The owner or operator shall provide an analysis ofthe air quality impactprojected for the area as a result ofgeneral commercial, residential, industrial and other growth associated with the source or modification. (C) The requirements for demonstration ofcompliance with applicable increments ofChapter 6, Section 4(b)(i)(A)(I), the additional analysis requirements ofChapter 6, Section 4(b)(i)(B) and the ambient air quality analysis requirements ofChapter 6, Section 4(b)(i)(E) shall not apply to a proposed major stationary source or modification with respect to a particularpollutant ifthe Administrator determines that: (I) The increase in allowable emissions ofthat pollutant from the stationary source or the net emissions increase ofthat pollutant from a modification would be temporary and would impact no Class I Area and no area where an applicable increment is known to be violated; or (II) The stationary source was in existence onMarch 1, 1978, and that the maximum allowable emission increases only impact Class II Areas, and that after application ofBACT, the increase in allowable emissions ofeachpollutant would be less than 50 tons peryear. (D) Fugitive emissions, to the extent quantifiable, will be considered in calculating the potential to emit ofthe stationary source ormodification only for: (I) Sources listed in Chapter 6, Section 4(a) under the definition of"Major stationary source", item (a). (II) Any other stationary source category which, as of August 7, 1980, is being regulated under section III or 112 ofthe Clean Air Act. (III) And such other sources as the Environmental Quality Council may later determine. (E) An application subject to this section shall contain an analysis ofambient air quality in the area that wouldbe affected by the stationary source or modification as required below: (I) Foreachpollutant that the source would have the potential to emit in a significant amount. (II) Forthe modification, eachpollutant for which it would result in a significant net emissions increase.

6-21(III) Forpollutants for which National Ambient Air Quality Standards have been established, the analysis shall contain continuous air quality monitoring data gathered for purposes ofdetermining whether emissions ofthat pollutant would cause or contribute to a violation ofthe standard or any maximum allowable increase. (IV) In general, the required continuous air quality monitoring data shall have been gathered over a period ofone year immediately preceding receipt ofthe application. The Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorterthan oneyear.(V) All monitoring conducted pursuantto the requirements ofthis section shall meetthe requirements ofAppendix B of40 CFRpart 58. (VI) The requirements for pre-construction monitoring specified above and under Chapter 6, Section 2(b) withrespect to monitoring for a particularpollutantmay be waived by the Administrator upon petition from an applicant if: (1.) The emissions increase ofthe pollutant from a new stationary source orthe net emissions increase ofthe pollutant from a modification would cause, in any area, air quality impacts less than the following amounts:

a. CarbonMonoxide

- 575 Jlg/m3

, 8-hour average; b. Nitrogen Dioxide

- 14 f!g/m3

, annual average;

c. Particulate Matter

- 10 f!g/m3 ofPMIO, 24-hour average; d. Sulfur Dioxide

- 13 f!g/m3

, 24-hour average;

e. Ozone (No de minimis air quality level is provided for ozone; however, any net emissions increase of 100 tons per year ormore of volatile organic compounds ornitrogen oxides subject to PSD would be required to perform an ambient impact analysis, including the gathering ofair quality data.) f. Lead

- 0.1 f!g/m3

, 3-month average;

6-22g. Fluorides

- 0.25 Ilg/m3, 24-hour average; h. Total Reduced Sulfur

- 10 Ilg/m3, I-hour average;

1. Hydrogen Sulfide

- 0.2 Ilg/m3, I-hour average; J. Reduced SulfurCompounds

- 10 Ilg/m3, I-hour average; or (2.) The concentrations ofthe pollutant inthe area thatthe source ormodification would affect are less than the concentrations listed in paragraph (b)(i)(E)(VI)( 1.) ofthis section; or (3.) The pollutantis not listed in paragraph (b)(i)(E)(VI)(1.) ofthis section. (F) The Administratormay require an applicant subjectto the provisions ofthis sectionto conduct an approved visibility monitoringprogram in any Class I Area whichmaybe impacted by emissions from the proposed stationary source. (0) At such time that a particular source ormodificationbecomes a major stationary source ormajormodification solely by virtue ofa relaxation in any enforceable limitation which was established after August 7, 1980 on the capacity ofthe source ormodification otherwise to emit a pollutant, then all ofthe provisions ofChapter 6, Sections 2 and 4 shall apply to the source ormodification as though construction had not yet commenced on the source ormodification. (H) The following specific provisions apply to projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where the owner or operator elects to use the method specified in paragraphs (i)(A) through (C) ofthe definition for "Projected actual emissions" for calculating projected actual emissions. (I) Before beginning actual construction ofthe project, the owner or operator shall document and maintain a record ofthe following information: (1.) A description ofthe project; (2.) Identification ofthe emissions unites) whose emissions ofa regulated NSRpollutant could be affected bythe project; and

6-23(3.) A description ofthe applicability test used to determine that the project is not a major modification for any regulated NSRpollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (i)(C) ofthe definition for "Projected actual emissions" in Section 4(a) and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. (II) Before beginning actual construction, the owner or operator shall provide the information set out in paragraph (b)(i)(H)(I) ofthis section to the Division as a Chapter 6, Section 2 permit application. (III) The owner or operator shall monitorthe emissions of any regulated NSRpollutant that could increase as a result ofthe project and that is emitted by any emissions unit identified in paragraph (b)(i)(H)(I)(2.) ofthis section; and calculate and maintain a record ofthe annual emissions, in tons peryear on a calendar year basis, for a period of5 years following resumption ofregular operations after the change, or for a period of 10 years following resumption ofregular operations after the change ifthe project increases the design capacity orpotential to emit ofthatregulated NSR pollutant at such emissions unit. (IV) The owner or operator shall submit a report to the Division within 60 days after the end ofeach year during which records must be generated under paragraph (b)(i)(H)(III) ofthis section setting out the unit's annual emissions during the calendaryear that preceded submission ofthe report. (I) The owner or operator ofthe source shall make the information required to be documented and maintained pursuant to paragraph (b)(i)(H) ofthis section available for review upon request for inspection by the Division or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). (1) (I) Except as otherwise provided in paragraph (b)(xv) of this section, and consistent with the definition of"Major modification" contained in Section 4(a), a project is a major modification for a regulated NSRpollutant ifit causes two types ofemissions increases-a significant emissions increase (as defined in the definition for "Significant emissions increase" in Section 4(a)), and a significant net emissions increase (as defined in the definitions for "Net emissions increase" and "Significant" in Section 4(a)). The project is not a major modification ifit does not cause a significant emissions increase. Iftheproject causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase. (II) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step ofthe process) will occur depends upon the type ofemissions units being modified, according to

6-24paragraphs (b)(i)(J)(III) through (V) ofthis section. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step ofthe process) is contained in the definition for "Netemissions increase" in Section 4(a). Regardless ofany such preconstruction projections, a major modificationresults ifthe project causes a significant emissions increase and a significant net emissions increase. (III) Actual-to-Projected-Actual Applicability Test For Projects That Only Involve Existing Emissions Units. A significant emissions increase of a regulatedNSRpollutant is projectedto occur ifthe sum ofthe difference betweenthe projected actual emissions (as defined in the definition for "Projected actual emissions" in Section 4(a)) and the baseline actual emissions (as defined in paragraphs (i) and (ii) in the definition of"Baseline actual emissions" in Section4(a)) for each existing emissions unit, equals or exceeds the significant amount for thatpollutant (as defined in the definition of "Significant" in Section 4(a)).(IV) Actual-to-Potential Test ForProjects That Only Involve Construction ofa NewEmissions Unites). A significant emissions increase ofa regulatedNSRpollutant is projectedto occurifthe sum ofthe difference between the potential to emit (as defined inthe definition for "Potential to emit" in Section 4(a)) from each new emissions unit following completion ofthe project and the baseline actual emissions (as defined in paragraph (iii) for the definition of"Baseline actual emissions" in Section 4(a)) ofthese units before the project equals or exceeds the significant amount for that pollutant (as defined inthe definition of"Significant" in Section 4(a)). (V) Hybrid Test For Projects That Involve Multiple Types ofEmissions Units. A significant emissions increase ofa regulatedNSRpollutant is projectedto occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified in paragraphs (b)(i)(J)(III) and (IV) ofthis section as applicable with respectto each emissions unit, for eachtype ofemissions unit equals orexceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section4(a)). (ii) (A) The required permit shall not be issued unless the proposed major stationary source or major modification would meet an emission limit(s) or equipment standard(s) specified by the Administrator to represent the application ofBest Available Control Technology for eachpollutantregulated under these Standards and Regulations and underthe Federal CleanAirAct and having the potential to emitin significant amounts. For phasedconstructionprojects, the determination ofBACT shall be reviewed and modified as appropriate at the latest, mostreasonable time no later than 18 months priorto commencement ofeach phase ofthe proposed project. At suchtime, the owner or operator ofthe applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbest available control technology for the stationary source.

6-25(B) In the case ofa major modification, the requirements for Best Available Control Technology shall apply only to each new or modified emissions unit at which a net emissions increase ofthe pollutant would occur. (C) (I) The applicant for a permit for a source subject to this section maypetitionthe Administratorto approve a system ofinnovative control technology. (II) The Administrator, withthe approval ofthe governor(s) ofother affected state(s) may approve the employment ofa system of innovative control technology if: (1.) Theproposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; (2.) The owneror operator agrees to achieve a level ofcontinuous emissions reduction equivalentto that which would have been required underparagraphs (ii)(A) and (B) above by a date specified bythe Administrator. Such date shall not be later than 4 years from the time ofstartup or 7 years from permit Issuance. (3.) The major stationary source or major modification would meet the requirements equivalentto those in paragraphs (b)(i)(A)(I), (b)(ii)(A), and (b)(ii)(B) above based on the emission rate that the stationary source employing the system ofinnovative control technology wouldbe required to meet onthe date specified bythe Administrator. (4.) The source or modification would notbefore the date specified by the Administrator:

a. Cause or contribute to any violation ofan applicable National Ambient Air Quality Standard, or b. Impact any Class I Area, or

c. Impact any area where an applicable increment is known to be violated. (5.) All other applicable requirements including those for public participationhave been met.

6-26(III) The approval to employ a system ofinnovative control technology shall be withdrawnbythe Administrator if: (1.) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate, or (2.) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety, or (3.) The Administrator decides at any time that the proposed system is unlikely to achieve the required level ofcontrol orto protect the public health, welfare, or safety. (IV) Ifthe source or modification fails to meet the required level ofcontinuous emissions reduction within the specified time period orifthe approval is withdrawn in accordance with (III) above, the Administrator may allow the source or modification up to an additional three years to meet the requirement for the application of BACT through use ofa demonstrated system ofcontrol. (iii) Temporary particulate matter emissions such as those associated with the construction phase ofthe source shall not be included in the determination on the issuance ordenial ofa required permit and shall not be taken into account when determining compliance with the maximum allowable increments in Table 1; however, BestAvailable Control Technology shall be applied to abate such temporary emission. (iv) All applications ofair quality modeling required underparagraph (b)(i) above shall be based onthe applicable models, databases, and otherrequirements specified in Appendix W of40 CFRpart 51 (Guideline on Air QualityModels). Where an air quality model specified in Appendix W of40 CFRpart 51 (Guideline onAir Quality Models) is inappropriate, the model may be modified or another model substituted. Such a modification or substitution ofa model may be made on a case-bycase basis or, where appropriate, on a generic basis for a specific State ofWyoming program. Written approval ofthe EPA Administrator mustbe obtained for any modification or substitution. In addition, use ofa modified or substituted model must be subject to notice and opportunityfor public comment underprocedures set forth in Chapter 6, Section 2(g). (v) In any case where the federal official charged with direct responsibility for management ofany lands within a Class IArea, orthe Administrator ofEPA orthe governor ofan adjacent state containing such a Class I Area, files a notice alleging that emissions from a proposed source or major modification may cause or contribute to a change in the air quality in such area and identifying the potential adverse impact ofsuch change, a permit shall not be issued unless the owner or operator ofsuch source demonstrates to the satisfaction ofthe Administrator that emissions ofparticulate matter,

6-27sulfur dioxide, and nitrogen oxides will not cause or contribute to concentrations which exceed the maximum allowable increases for the Class I Area in question. (vi) (A) In any case where a Federal Land Managerdemonstrates to the satisfaction ofthe Administrator that the emissions from such source will have an adverse impact onthe air quality-related values (including visibility) ofsuch Class I Areas, notwithstanding the fact that the change in air quality resulting from emissions from such source will not cause or contribute to concentrations which exceed the maximum allowable increases for Class I Areas, a permit shall not be issued. (B) However, in the case where the Federal Land Manager provides to the Division at least 30 days prior to the Public Notice issued pursuant to Chapter 6, Section 2(m) ofthese regulations, an analysis ofthe impact ofthe emissions on visibility in a Federal Class I Area, the Division must consider such analysis in making its proposed decision. Ifthe Federal Land Manager's analysis concludes that an adverse impact on visibility in the Federal Class I Areawill occurbutthe Administrator determines that the analysis does not demonstrate to his satisfaction that such an adverse impact on visibility will occur, the Administrator shall inthe Public Notice issued pursuant to the requirements ofChapter 6, Section 2(m), explainhis decision or give notice as to where the explanation can be obtained. (vii) In any case where the owner or operator ofsuch source demonstrates to the satisfaction ofthe Federal Land Manager, and the Federal Land Manager so certifies, that the emissions from such source will have no adverse impact onthe air quality-related values ofsuch Class I Areas (including visibility) notwithstanding the fact that the change in air quality resulting from emissions from such source will cause or contribute to concentrations which exceed the maximum allowable increases for Class I Areas, the Administrator may issue a permit. (viii) In the case ofa permit issued pursuant to subsection (vii), such source shall comply with such emission limitation under such permit as may be necessary to assure that emissions ofsulfur oxides, particulate matter, and nitrogen oxides from such source, will not cause or contribute to concentrations ofsuch pollutant which exceeds the following maximum allowable increases over the baseline concentrationfor such pollutants:

6-28Maximum Allowable Increase (micrograms per cubic meter) Particulate matter: PMIO, annual arithmetic mean 17 PMIO, 24-hourmaximum 30 Sulfur dioxide: Annual arithmetic mean 20 Twenty-four-hour maximum 91 Three-hour maximum 325 Nitrogen dioxide: Annual arithmetic mean 25 (ix) (A) In any case where the owner or operator ofa proposed major stationary source or major modification who has been denied a certification under subparagraph (vii) demonstrates to the satisfaction ofthe Governor ofWyoming (hereinafter the Governor), after notice and public hearing, and the Governor finds, that the source cannot be constructed by reason ofany maximum allowable increases for sulfur dioxide for periods oftwenty-four hours orless applicable to any Class I Area and, in the case offederal Mandatory Class I Areas, that a variance underthis clause will not adversely affect the air quality related values ofthe area (including visibility), the Governor, after consideration ofthe Federal Land Manager's recommendation (ifany) and subjectto his concurrence, may grant a variance from such maximum allowable increase. Ifa variance is granted, a permit may be issued to such source pursuant to the requirements ofthis subparagraphprovided other requirements ofthis section are met. (B) In the case ofa permit issued pursuant to subparagraph (ix)(A), such source shall comply with such emission limitations under such permit as may be necessary to assure that emissions ofsulfur oxides from such source will not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which exceed the following maximum allowable increases for such areas overthe baseline concentration for suchpollutant and to assure that such emissions will not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods ofexposure of24 hours orless on more than 18 days during any annual period.

6-29Maximum Allowable Increase (micrograms per cubic meter) Period ofexposure: Lowterrain areas: 24-hr maximum 36 3-hrmaximum 130 High terrain areas: 24-hr. maximum 

### 62 3-hrmaximum 221 (x) Notwithstanding otherrequirements ofthis section, a portable source which is a major stationary source and which has otherwise received a construction permit under Chapter 6, Sections 2 and 4 shall not be required to obtain additional relocation permits under this section if: (A) Emissions from the source would not exceed allowable emissions; and (B) Such relocation would impact no Class IArea and no area where an applicable increment is known to be violated; and (C) Notice is given to the Division at least 10 days prior to such relocation identifying the proposed new location and the probable duration ofoperation at such location; and (D) Emissions at the new location will be temporary. (xi) After a final decision is made on an application for a source subject to this section, the final decision will be transmitted in writing to the applicant and the final decision and all comments received by the Division during the public commentperiod will be made available for public inspection in the same location where the application and analysis was posted. A copy ofeach permit application for each source or modification subject to this section and impacting a Federal Class I Area will be transmitted to EPA. EPA will be provided with notice ofeach action taken by the Division on such application. (xii) [Reserved.] (xiii) [Reserved.] (xiv) [Reserved.] (xv) Actuals Plantwide Applicability Limitations (PALs).

6-30(A) Applicability. (I) The Division may approve the use ofan actuals PAL for any existing major stationary source ifthe PAL meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section. The term "PAL" shall mean "actuals PAL" throughout paragraph (b)(xv) ofthis section. (II) Any physical change in or change in the method of operation ofa major stationary source that maintains its total source-wide emissions belowthe PAL level, meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section, and complies with the PAL permit: (1.) Is not a major modification for the PAL pollutant; (2.) Does not have to be approved through a Chapter 6, Section4 permit; and (3.) Is not subject to the provisions in paragraph (b)(i)(G) ofthis section (restrictions onrelaxing enforceable emission limitations that the major stationary source used to avoid applicability ofChapter 6, Section 4). (III) Except as provided under paragraph (b)(xv)(A)(II)(3.) ofthis section, a major stationary source shall continue to comply with all applicable Federal or State ofWyoming requirements, emission limitations, and work practice requirements that were established prior to the effective date ofthe PAL. (B) Definitions. The following definitions shall be used for actuals PALs consistent with paragraphs (b)(xv)(A) through (0) ofthis section. When a term is not defined in these paragraphs, it shall have the meaning given in Section4(a) of this section or in the Clean Air Act. 

### "ActualsPAL for a majorstationarysource"means a PAL based on the baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section4(a)) ofall emissions units (as defined in the definition for "Source" in Section 4(a)) at the source, that emit or have the potential to emitthe PAL pollutant. 

### "Allowable emissions"has the same meaning as inthe definition for "Allowable emissions" in Section 4(a), except as this definition is modified according to paragraphs (i) and (ii) ofthis definition.

6-31(i) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. (ii) An emissions unit's potential to emit shall be determined using the definition of"Potential to emit" in Section 4(a), except that the words "orenforceable as a practical matter" should be added after "enforceable". 

### "Major emissions unit"means: (i) Any emissions unit that emits orhas the potential to emit 100 tons peryear or more ofthe PAL pollutant in an attainment area; or (ii) Any emissions unit that emits orhas the potential to emit the PAL pollutant in an amount that is equal to or greaterthan the major source threshold for the PAL pollutant as defined bythe Clean Air Act for nonattainment areas. (For example, in accordance with the definition ofmajor stationary source in section 182(c) ofthe Clean Air Act, an emissions unit wouldbe a major emissions unit for VOC ifthe emissions unit is located in a serious ozone nonattainment area and it emits orhas the potential to emit 50 or more tons ofVOC peryear.) 

### "PAL effective date" generally means the date ofissuance ofthe PAL permit; however, the PAL effective date for an increased PAL is the date any emissions unit that is part ofthe PAL major modification becomes operational andbegins to emitthe PALpollutant. 

### "PAL effectiveperiod"means the period beginning with the PAL effective date and ending 10 years later. 

### "PAL majormodification"means, notwithstanding the definitions for "Majormodification" and "Net emissions increase" ofSection 4(a), any physical change in or change in the method ofoperation ofthe PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

### "PALpermit"means the Chapter 6, Section 2 or Section4 permit issued bythe Divisionthat establishes a PAL for a major stationary source. 

### "PALpollutant"means the pollutant for which a PAL is established at a major stationary source. 

### "Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons peryear, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs (b)(xv)(A) through (0) ofthis section.

6-32

### "Significantemissions unit"means an emissions unit that emits or has the potential to emit a PAL pollutant in an amountthat is equal to or greater than the significant level (as defined in the definition for "Significant" in Section4(a) or in the Clean Air Act, whichever is lower) for that PALpollutant, but less than the amountthat would qualify the unit as a major emissions unit as defined in paragraph (b)(xv)(B) for the definition of"Majoremissions unit" ofthis section. 

### "Smallemissions unit"means an emissions unit that emits or has the potential to emitthe PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined inthe definition for "Significant" in Section 4(a) or in the Clean Air Act, whichever is lower. (C) PermitApplication Requirements. As part ofa permit applicationrequesting a PAL, the owner or operator ofa**m~or** stationary source shall submitthe following information in paragraphs (b)(xv)(C)(I) through (III) ofthis section to the Division for approval. (I) A List ofAll Emissions Units at the Source Designated as Small, Significant or Major Based on Their Potential to Emit. In addition, the owner or operator ofthe source shall indicate which, ifany, Federal or State ofWyoming applicable requirements, emission limitations, or work practices apply to each unit. (II) Calculations ofthe Baseline Actual Emissions (With Supporting Documentation). Baseline actual emissions are to include emissions associated not only with operation ofthe unit, but also emissions associated with startup, shutdown, and malfunction. (III) The calculationprocedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a l2-month rolling total for each month as required by paragraph (b)(xv)(M)(I) ofthis section. (D) General Requirements For Establishing PALs. (I) The Division may establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs (b)(xv)(D)(I)(1.) through (7.) ofthis section are met. (1.) The PAL shall impose an annual emission limitation in tons peryear, that is enforceable as a practical matter, for the entire major stationary source. Foreach month during the PAL effectiveperiod after the first 12 months ofestablishing a PAL, the major stationary source owner or operator shall show that the sum ofthe monthly emissions from each emissions unit under the PAL for the

6-33previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first II months from the PAL effective date, the major stationary source owner or operator shall showthat the sum ofthe preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. (2.) The PAL shall be established in a PALpermit that meets the public participation requirements in paragraph (b)(xv)(E) ofthis section. (3.) The PAL permit shall contain all the requirements ofparagraph (b)(xv)(G) ofthis section. (4.) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit orhave the potential to emitthe PAL pollutant at the major stationary source. (5.) Each PAL shall regulate emissions ofonly one pollutant. (6.) Each PAL shall have a PAL effective period of 10 years. (7.) The owneror operator ofthe major stationary source with a PAL shall comply withthe monitoring, recordkeeping, and reporting requirements provided in paragraphs (b)(xv)(L) through (N) ofthis section for each emissions unit under the PALthrough the PAL effective period. (II) Atno time (during or after the PAL effective period) are emissions reductions ofa PALpollutantthat occur during the PAL effective period creditable as decreases for purposes ofoffsets under 40 CFR Part 51.165(a)(3)(ii) unless the level ofthe PAL is reduced bythe amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL. (E) Public Participation Requirements For PALs. PALs for existing major stationary sources shall be established, renewed, or increased, through a procedure that is consistent with Chapter 6, Section 2. This includes the requirement that the Division provide the public with notice ofthe proposed approval ofa PAL permit and at least a 30-day period for submittal ofpublic comment. The Division must address all material comments before taking final action on the permit. (F) Setting the I0-YearActuals PAL Level. (I) Except as provided in paragraph (b)(xv)(F)(II) ofthis section, the actuals PAL level for a major stationary source shall be established as the

6-34sum ofthe baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section4(a)) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutantunder the definition of"Significant" in Section 4(a) or under the Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24­ month period mustbe used to determine the baseline actual emissions for all existing emissions units; however, a different consecutive 24-monthperiod may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period mustbe subtracted from the PAL level. The Division shall specify a reduced PAL level(s) (in tons/yr) in the PALpermitto become effective on the future compliance date(s) ofany applicable Federal or State ofWyoming regulatory requirement(s) that the Division is aware ofprior to issuance ofthe PAL permit. For instance, ifthe source owner or operator will be required to reduce emissions from industrial boilers in halffrom baseline emissions of60 ppmNOx to a new rule limit of30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by halfofthe original baseline emissions ofsuch unites). (II) For newly constructed units (which do not include modifications to existing units) on which actual constructionbegan after the 24-month period, in lieu ofadding the baseline actual emissions as specified inparagraph (b)(xv)(F)(I) ofthis section, the emissions must be added to the PAL level in an amount equal to the potential to emit ofthe units. (G) Contents ofthe PAL Permit. The PAL permit shall contain, at a minimum, the information in paragraphs (b)(xv)(G)(I) through (X) ofthis section. (I) The PAL pollutant and the applicable source-wide emission limitation in tons per year. (II) The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). (III) Specification inthe PAL permitthat ifa major stationary source owner or operator applies to renew a PAL in accordance with paragraph (b)(xv)(J) ofthis sectionbefore the end ofthe PAL effective period, then the PAL shall not expire at the end ofthe PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Division. (IV) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. (V) A requirement that, once the PAL expires, the major stationary source is subject to the requirements ofparagraph (b)(xv)(I) ofthis section.

6-35(VI) The calculationprocedures that the major stationary source owner oroperator shall use to convertthe monitoring system datato monthly emissions and annual emissions based on a 12-monthrolling total for each month as required byparagraph (b)(xv)(C)(I) ofthis section. (VII) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions underparagraph (b)(xv)(M) ofthis section. (VIII) A requirement to retain the records required under paragraph (b)(xv)(M) ofthis section on site. Such records may be retained in an electronic format. (IX) A requirement to submit the reports required under paragraph (b)(xv)(N) ofthis section by the required deadlines. (X) Any otherrequirements that the Division deems necessary to implement and enforce the PAL. (H) PAL Effective Period and Reopening ofthe PAL Permit. (I) PAL Effective Period. The PAL effective period shall be 10 years. (II) Reopening ofthe PAL Permit. (1.) During the PAL effective period, the Division shall reopen the PAL permit to:

a. Correcttypographical/calculation errors made in setting the PAL or reflect a more accurate determination ofemissions used to establish the PAL; b. Reduce the PAL ifthe owner or operator ofthe major stationary source creates creditable emissions reductions for use as offsets under 40 CFRpart 51.165(a)(3)(ii); and

c. Revise the PAL to reflect an increase in the PAL as provided under paragraph (b)(xv)(K) ofthis section. (2.) The Division may reopen the PALpermit for the following:

6-36a. Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date; b. Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the Division may impose onthe major stationary source; and

.

c. Reduce the PAL ifthe Division determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact onanAQRV that has been identified for a Federal Class I Area by a Federal Land Manager and for which information is available to the general public. (3.) Except for the permit reopening inparagraph (b)(xv)(H)(II)(l.)a. ofthis section for the correction oftypographical/calculation errors that do not increase the PAL level, all reopenings shall be carried out inaccordance with the public participation requirements ofparagraph (b)(xv)(E) ofthis section. (I) Expiration ofa PAL. Any PAL that is not renewed in accordance with the procedures inparagraph (b)(xv)(J) ofthis section shall expire atthe end ofthe PAL effective period, and the requirements inparagraphs (b)(xv)(I)(I) through (V) ofthis section shall apply.(I) Each emissions unit (oreach group ofemissions units) that existed under the PAL shall comply with an allowable emission limitationunder a revised permit established according to the procedures inparagraphs (b)(xv)(I)(I)(1.) and (2.) ofthis section. (1.) Within the time frame specified for PAL renewals inparagraph (b)(xv)(J)(II) ofthis section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group ofemissions units, ifsuch a distribution is more appropriate as decided by the Division) by distributing the PAL-allowable emissions for the major stationary source among each ofthe emissions units that existed underthe PAL. Ifthe PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required underparagraph (b)(xv)(J)(V) ofthis section, such distribution shall be made as ifthe PAL had been adjusted. (2.) The Division shall decide whether and howthe PAL-allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as the Division determines is appropriate.

6-37(II) Each emissions unites) shall comply withthe allowable emission limitation on a 12-monthrolling basis. The Division may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. (III) Until the Division issues the revised permit incorporating allowable limits for each emissions unit, oreachgroup ofemissions units, as required underparagraph (b)(xv)(I)(I)(2.) ofthis section, the source shall continue to complywith a source-wide, multi-unit emissions cap equivalent to the level ofthe PAL emission limitation. (IV) Anyphysical change orchange in the method of operation atthe major stationary source will be subjectto Chapter 6, Section4 requirements ifsuch change meets the definition of"Majormodification" in Section 4(a). (V) The major stationary source owner or operator shall continue to comply with any State ofWyoming or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that hadbeen established pursuantto paragraph (b)(i)(G) ofthis section, but were eliminated by the PAL in accordance with the provisions inparagraph (b)(xv)(A)(II)(3.) ofthis section. (1) Renewal ofa PAL. (I) The Division shall follow the procedures specified in paragraph (b)(xv)(E) ofthis section in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During suchpublic review, any person maypropose a PAL level for the source for considerationbythe Division. (II) Application Deadline. A major stationary source owner or operator shall submit a timely application to the Division to request renewal ofa PAL. A timely application is one that is submitted at least 

### 6 monthspriorto, but not earlierthan 18 months from, the date ofpermit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. Ifthe owner or operator ofa major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit withthe renewed PAL is issued. (III) Application Requirements. The application to renew a PAL permit shall contain the information required in paragraphs (b)(xv)(J)(III)(1.) through (4.) ofthis section.

6-38(1.) The information required inparagraphs (b)(xv)(C)(I) through (III) ofthis section. (2.) A proposed PAL level. (3.) The sum ofthe potential to emitofall emissions units underthe PAL (with supporting documentation). (4.) Any other informationthe owneroroperator wishes the Division to considerindetermining the appropriate level for renewing the PAL. (IV) PAL Adjustment. In determining whether and howto adjustthe PAL, the Division shall considerthe options outlined inparagraphs (b)(xv)(J)(lV)(1.) and (2.) ofthis section; however, in no case may any such adjustment fail to comply withparagraph (b)(xv)(J)(lV)(3.) ofthis section. (1.) Ifthe emissions level calculated in accordance withparagraph (b)(xv)(F) ofthis section is equal to orgreater than 80 percent ofthe PAL level, the Division may renew the PAL atthe same level without consideringthe factors set forth inparagraph (b)(xv)(J)(lV)(2.)ofthis section; or (2.) The Division may setthe PAL at a level that it determines to be more representative ofthe source'sbaseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward orencourage the source's voluntary emissions reductions, orother factors as specifically identified by the Division in its written rationale. (3.) Notwithstandingparagraphs (b)(xv)(J)(lV)(l.) and (2.) ofthis section:

a. Ifthe potential to emit ofthe major stationary source is less thanthe PAL, the Division shall adjust the PAL to a level no greaterthan the potential to emit ofthe source; and b. The Division shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied withthe provisions ofparagraph (b)(xv)(K) ofthis section (increasing a PAL). (V) Ifthe compliance date for a State ofWyoming or Federal requirementthat applies to the PAL source occurs during the PAL effective period, and ifthe Divisionhas not already adjusted for such requirement, the PAL shall

6-39be adjusted at the time ofPAL permit renewal or Chapter 6, Section 3 operating permit renewal, whichever occurs first. (K) Increasing a PAL During the PAL Effective Period. (I) The Divisionmay increase a PAL emission limitation only ifthe major stationary source complies with the provisions inparagraphs (b)(xv)(K)(I)(1.) through (4.) ofthis section. (1.) The owner or operator ofthe major stationary source shall submit a complete application to request an increase inthe PAL limit for a PAL major modification. Such application shall identify the emissions unites) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL.(2.) Aspart ofthis application, the major stationary source owner or operator shall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units assuming application ofBACT equivalent controls, plus the sum ofthe allowable emissions ofthe new or modified emissions unites), exceeds the PAL. The level ofcontrol that would result from BACTequivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currentlyrequired to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level ofBACTor LAERwith which that emissions unit must currently comply. (3.) The owner or operator obtains a Chapter 6, Section 4 permit for all emissions unites) identified in paragraph (b)(xv)(K)(I)(l.) ofthis section, regardless ofthe magnitude ofthe emissions increase resulting from them (that is, no significant levels apply). These emissions unites) shall comply with any emissions requirements resulting from the Chapter 6, Section 4 process (for example, BACT), even though they have also become subjectto the PAL or continue to be subjectto the PAL. (4.) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emitthe PAL pollutant. (II) The Division shall calculate the new PAL as the sum ofthe allowable emissions for each modified ornewemissions unit, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units (assuming application ofBACT equivalent controls as determined in accordance with paragraph

6-40(b)(xv)(K)(I)(2.) ofthis section), plus the sum ofthe baseline actual emissions ofthe small emissions units. (III) The PAL permit shall be revised to reflectthe increased PAL level pursuant to the public notice requirements ofparagraph (b)(xv)(E) of this section. (L) Monitoring Requirements for PALs. (I) General Requirements. (1.) Each PAL permitmust containenforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms ofmass per unit oftime. Any monitoring system authorized for use inthe PAL permitmust be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. (2.) The PAL monitoring system mustemploy one or more ofthe four general monitoring approaches meeting the minimum requirements set forth in paragraphs (b)(xv)(L)(II)(l.) through (4.) ofthis section and must be approved by the Division. (3.) Notwithstanding paragraph (b)(xv)(L)(I)(2.) of this section, you may also employ an alternative monitoring approach that meets paragraph (b)(xv)(L)(I)(l.) ofthis section ifapproved by the Division. (4.) Failure to use a monitoring system that meets the requirements ofthis sectionrenders the PAL invalid. (II) Minimum Performance Requirements ForApproved Monitoring Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimumrequirements in paragraphs (b)(xv)(L)(III) through (IX) ofthis section: (1.) Mass balance calculations for activities using coatings or solvents; (2.) CEMS; (3.) CPMS orPEMS; and (4.) Emission factors.

6-41(III) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: (1.) Provide a demonstrated means ofvalidating the published content ofthe PAL pollutantthat is contained in orcreated by all materials used in or at the emissions unit; (2.) Assume that the emissions unit emits all ofthe PAL pollutant that is contained in or created by any rawmaterial orfuel used in or at the emissions unit, ifit cannot otherwise be accounted for in the process; and (3.) Where the vendor ofa material or fuel, which is used in or atthe emissions unit, publishes a range ofpollutant content from such material, the owner or operatormust use the highest value ofthe range to calculate the PAL pollutant emissions unless the Division determines there is site-specific data or a site-specific monitoring program to support another content withinthe range. (IV) CEMS. An owner oroperatorusing CEMS to monitor PAL pollutant emissions shall meet the following requirements: (1.) CEMS must complywith applicable Performance Specifications found in 40 CFRpart 60, Appendix B; and (2.) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions unit is operating. (V) CPMS orPEMS. An owneror operatorusing CPMS or PEMS to monitorPAL pollutant emissions shall meetthe following requirements: (1.) The CPMS orthe PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range ofoperation ofthe emissions unit; and (2.) Each CPMS orPEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Division, while the emissions unit is operating. (VI) Emission Factors. An owneroroperator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:

6-42(1.) All emission factors shall be adjusted, if appropriate, to account for the degree ofuncertainty or limitations inthe factors' development; (2.) The emissions unit shall operate within the designated range ofuse for the emission factor, ifapplicable; and (3.) Iftechnically practicable, the owner or operator ofa significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months ofPAL permit issuance, unless the Divisiondetermines that testing is notrequired. (VII) A source owner oroperator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period oftime that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit. (VIII) Notwithstanding the requirements inparagraphs (b)(xv)(L)(III) through (VIII) ofthis section, where an owner or operator ofan emissions unit cannot demonstrate a correlation betweenthe monitoredparameter(s) and the PAL pollutant emissions rate at all operating points ofthe emissions unit, the Division shall, at the time ofpermit issuance: (1.) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or (2.) Determine that operation ofthe emissions unit during operating conditions when there is no correlationbetween monitored parameter(s) andthe PAL pollutant emissions is a violation ofthe PAL. (IX) Re-validation. All data used to establish the PAL pollutant mustbe re-validated throughperformance testing or other scientifically valid means approved by the Division. Such testing must occur at least once every 5 years after issuance ofthe PAL. (M) Recordkeeping Requirements. (I) The PAL permit shall require an owner or operatorto retain a copy ofall records necessary to determine compliance with any requirement of paragraph (b)(xv) ofthis section and ofthe PAL, including a determination ofeach

6-43emissions unit's 12-monthrolling total emissions, for 5 years from the date ofsuch record. (II) The PAL permit shall require an owner or operator to retain a copy ofthe following records, for the duration ofthe PAL effective period plus 5 years: (I.) A copy ofthe PAL permit application and any applications for revisions to the PAL; and (2.) Each annual certification ofcompliance pursuantto Chapter 6, Section 3 and the data relied on in certifying the compliance. (N) Reporting and Notification Requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Division in accordance with the applicable Chapter 6, Section 3 operating permit program. The reports shall meet the requirements inparagraphs (b)(xv)(N)(I) through (III) ofthis section. (I) Semi-annual Report. The semi-annual report shall be submitted to the Division within 30 days ofthe end ofeachreporting period. This report shall contain the informationrequired in paragraphs (b)(xv)(N)(I)(1.) through (7.) ofthis section. (1.) The identification ofowner and operator and the permitnumber. (2.) Total annual emissions (tons/year) based on a 12-monthrolling total for each month in the reporting period recorded pursuant to paragraph (b)(xv)(M)(I) ofthis section. (3.) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions. (4.) A list ofany emissions units modified or added to the major stationary source during the preceding 6-monthperiod. (5.) The number, duration, and cause ofany deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. (6.) A notification ofa shutdown ofany monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational orreplaced with

6-44another monitoring system, and whetherthe emissions unit monitored bythe monitoring system continuedto operate, and the calculation ofthe emissions ofthe pollutant orthe number determined by method included in the permit, as provided byparagraph (b)(xv)(L)(VII) ofthis section. (7.) A signed statementbythe responsible official (as defined by the applicable Chapter 6, Section 3 operatingpermit program) certifying the truth, accuracy, and completeness ofthe informationprovided in the report. (II) Deviation Report. The major stationary source owner or operator shall promptly submitreports ofany deviations orexceedance ofthe PAL requirements, includingperiods where no monitoring is available. A report submitted pursuantto Chapter 6, Section 3(h)(i)(C)(III)(2.) shall satisfy this reporting requirement. The deviation reports shall be submitted withinthe time limits prescribed by Chapter 6, Section 3(h)(i)(C)(III)(2.). The reports shall containthe following information: (1.) The identification ofowner and operator and the permitnumber; (2.) The PAL requirement that experiencedthe deviation orthat was exceeded; (3.) Emissions resulting from the deviation orthe exceedance;and (4.) A signed statement bythe responsible official (as defined bythe applicable Chapter 6, Section 3 operatingpermitprogram) certifying the truth, accuracy, and completeness ofthe informationprovided inthe report. (III) Re-validation Results. Theowner or operator shall submitto the Divisionthe results ofany re-validationtest ormethod withinthree months after completion ofsuchtest ormethod. (0) Transition Requirements. (I) The Division shall not issue a PAL that does not complywiththe requirements inparagraphs (b)(xv)(A) through (0) ofthis section after the Administratorhas approved regulations incorporatingthese requirements into Chapter 6, Section 4. (II) The Division may supersede any PAL which was established priorto the date ofapproval ofthis regulation by the AdministratorofEPA with a PALthat complies withthe requirements ofparagraphs (b)(xv)(A) through (0) of this section.

6-45(xvi) Ifany provision ofthis section, orthe application ofsuchprovision to any person or circumstance, is held invalid, the remainder ofthis section, orthe application ofsuchprovisionto persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (xvii) Transition: (A) The requirements for BACT in Chapter 6, Section 4(b)(ii) and the requirements for air quality analysis in Chapter 6, Section4(b)(i) shall not apply to a major stationary source ormajor modificationthat was subjectto Chapter 6, Section4, as effective onJanuary 25, 1979, ifthe owner or operator ofthe source submitted an application for a permit under these regulations before August 7, 1980, and the Administrator subsequently determines thatthe application submitted before that date was complete. Instead, the requirements ofChapter 6, Section 4 as in effect on January 25, 1979, apply to any such source ormodification. (B) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was subject to Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner or operator ofthe source or modification submits an application for a permitunder these regulations on orbefore June 8, 1981, and the Administrator subsequently determines thatthe application submitted before that date was complete with respectto the requirements for ambient air quality data analyses as in effect on January 25, 1979. Instead, the latter requirements shall apply to such source or modification. (C) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was not subjectto Chapter 6, Section4, as effective onJanuary 25, 1979, ifthe owner or operator ofthe source or modification submits an application for a permit underthese regulations before June 8, 1981, and the Administrator subsequently determines that the application as submitted before that date was complete except with respect to the requirements in paragraph (b)(i)(F). (D) The requirements for air quality monitoring for PMIO in paragraphs (b)(i)(E)(I) through (IV) ofthis section, effective February 13,1989, shall not apply to a particular source or modification, ifthe owner or operator ofthe source or modification submits an application for a permit under Chapter 6, Section4 on orbefore June 1, 1988 and the Administrator subsequently determines that the application submitted before that date was complete, except with respect to the requirements for monitoring particulate matter. (E) The requirements for air quality monitoring ofPMIO in paragraphs (b)(i)(E)(lV) through (b)(i)(E)(V) ofthis section, effective February 13, 1989, shall apply to a particular source or modification if the owner or operator ofthe source or

6-46modification submits an application for a permit under this section after June 1, 1988 and no later than December 1,1988. The data shall have been gathered over at least the period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (b)(xvii)(G) ofthis section, except that the Administrator may provide that the monitoring period specificationmay be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over that shorter period of time. (F) For any application under this section that becomes complete except as to the requirements ofparagraphs (b)(i)(E)(III) and (b)(i)(E)(lV) pertaining to PMIO, after December 1, 1988 and no later than August 1, 1989, the data thatparagraph (b)(i)(E)(III) requires will have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwise complete. The Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over that shorter period oftime. (G) With respect to any requirements for air quality monitoring of PMIO specified under paragraphs (b)(xvii)(D) and (b)(xvii)(E) ofthis section, effective February 13, 1989, the owner or operator ofthe source or modification shall use a monitoring method approved by the Administrator and shall estimate the ambient concentrations ofPMIO using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Administrator. (H) The requirement to demonstrate compliance with the maximum allowable increment for nitrogen dioxide shall not apply to a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective on February 8, 1988, ifthe owner or operator ofthe source or modification submits an application for a permit under these regulations on orbefore October 30, 1990 and the Administrator subsequently determines that the application submitted before that date was complete. (I) The requirement to demonstrate compliance with the maximum allowable increment for PMIO shall not apply to a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective onJune 3, 1993, ifthe owner or operator ofthe source or modification submits an application for a permitunder these regulations on or before the effective date ofthis regulation revision and the Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirement to demonstrate compliance with the maximum allowable increment for TSP, as in effect at the time the application was submitted, shall apply:

6-47Maximum Allowable Increments ofDeterioration

- /lg!m3
Pollutant Class I Class II Particulate Matter: TSP, Annual geometric mean 5 19 TSP, 24-hour maximum* 10 37 *Maximum allowable increment may be exceeded once peryear at any receptor site. (c) All national parks, national wilderness areas, and national memorial parks in Wyoming as ofJanuary 25, 1979, shall be designated Class I and may not be redesignated. All other areas ofthe State ofWyoming shall be designated Class II as of the effective date ofthis regulation. (d) Redesignation. All redesignation ofareas withinthe State ofWyoming shall be accomplished through the process ofestablishment ofStandards and Regulations set forth inthe Wyoming Environmental Quality Act. (i) The following areas may be redesignated only as Class I or Class II Areas: (A) An area which exceeds 10,000 acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore, and (B) A national park ornational wilderness area which exceeds 10,000 acres in size and is established afterthe effective date ofthis regulation. (ii) Except as provided inparagraph (c) above, any area maybe redesignated as Class I or II, withthe approval ofthe Administrator ofthe Environmental Protection Agency, in accordance withthe provisions ofparagraph (iii) below; provided, however, that lands withinthe exteriorboundaries ofreservations offederally recognized Indian tribes may be redesignated to any class, but only by the appropriate Indian governing body. (iii) (A) At least one public hearing must be held in accordance with the provisions for adoption ofregulations as set forth in the Administrative Procedures Act and the Wyoming Environmental Quality Act. (B) At least 30 days prior to the public hearing, a description and analysis ofthe health, environmental, economic, social and energy effects ofthe proposed redesignation shall be prepared and made available for public inspection. Any person petitioning the Department or Council to redesignate an area shall be responsible for

6-48preparing or submitting such description and analysis. Such persons shall also be responsible for revising this required documentation to the extent necessary to satisfy the Administrator ofthe U.S. EPA. The notice ofthe public hearing shall contain appropriate notification ofthe availability ofthe description and analysis ofthe proposed redesignation. (C) Agencies from neighboring states, Indian governing bodies, Federal Land Managers, and local governments whose land may be affected by the proposed redesignation shall be notified at least 30 days priorto the hearing. (D) Prior to proposing a redesignation, the Division and the Air Quality Advisory Board shall consult with the elected leadership oflocal and other substate general purpose governments inthe area covered by the redesignation. (E) Priorto public notice ofthe proposed redesignation the Division shall provide written notice to any Federal Land Manager who may be responsible for any federal lands within the area proposed for such redesignation and shall afford adequate opportunity (butnot in excess of60 days) to confer with the State respecting the intended notice ofdesignation. The Federal Land Manager shall be offered the opportunity to submit written comments and recommendations with respect to such intended notice ofredesignation. In redesignating any area with respectto which the federal land manager has submitted written comments and recommendations, the Division will publish a list ofany inconsistencybetween suchredesignation and such recommendation with an explanation ofsuch inconsistency (together with the reasons for making suchredesignation against the recommendation ofthe Federal Land Manager). (F) The Council shall review and examine the description and analysis prepared pursuantto subparagraph (iii)(B) above priorto any redesignation. (iv) (A) Ifan area has been proposed for redesignation to a more stringent class, no permitto construct may be granted to a source which may cause an impact in the areaproposed for redesignation and for which an application to construct is received by the Division after the filing ofthe petition for redesignation with the Environmental Quality Council until the proposed redesignation has been acted upon; however, approval may be granted if, in the Administrator'sjudgment, the proposed source would not violate the applicable increments ofthe proposed redesignation. Such approval shall be withheld only so long as in the Administrator'sjudgment, the petitioner is expeditiouslyproceeding toward development ofthe "description and analysis" required under (iii)(B) above, and provided that such "description and analysis" is complete and submitted to the Council for action on the petition within 18 months ofthe filing ofthe initial petition. Upon good cause shown, the Council may extendthe foregoing deadline.

6-49(B) Where an application for a pennitto construct a source has beenreceived by the Division prior to the receipt by the Council ofa petition for redesignation ofan area to a more stringent class and where such source may cause an impact in the area proposed for redesignation, the pennit application shall be processed considering the classification ofan area which existed at the time ofpennit application. Forpurposes ofestablishing a priority date under this Chapter 6, Section 4(d)(vi)(B), (1) such pennit application is not required to meet the provisions for completeness in Chapter 6, Section 2, and (2) the time frames in Chapter 6, Section 2(g) for action on applications shall not apply. However, a priority date established under Chapter 6, Section 4(d)(vi)(B), shall remain in effect only so long as in the Administrator'sjudgment, the applicant is expeditiously proceeding toward the development and submittal ofsuch other infonnation and data as required to make the application complete under the provisions ofChapter 6, Section 2, and provided that such other infonnation and data is submitted to, andjudgedto be complete by the Administrator within 18 months ofthe filing ofthe initial pennit application. Upon good cause shown, the Administrator may extend the foregoing deadline. Section 13. Nonattainment permit requirements. (a) 40 CFRpart 51.165 is herein incorporated by reference, in its entirety, with the exception ofparagraph (a) and paragraph (a)(1). Section 14. Incorporation by reference. (a) Code ofFederal Regulations (CFR). All Code ofFederal Regulations (CFRs) cited in this chapter, including their Appendices, revised and published as ofJuly 1, 2008, not including any later amendments, are incorporated by reference. Copies ofthe Code of Federal Regulations are available for public inspection and copies can be obtained at cost from the Department ofEnvironmental Quality, Division ofAir Quality, 122 W. 25th Street, Cheyenne, Wyoming 82002. Copies ofthe CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214.

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WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITYDIVISION STANDARDS AND REGULATIONS 

### PermittingRequirements CHAPTER6 Section 4. 

### Prevention ofsignificant deterioration. (a) Definitions. Forpurposes ofthis section: 

### "Actualemissions"means the actual rate ofemissions ofa regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (i) through (iii) ofthis definition, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under paragraph (b)(xv) ofthis section. Instead, the definitions for "Projected actual emissions" and "Baseline actual emissions" ofthis section shall apply for those purposes. (i) In general, actual emissions as ofa particular date shall equal the average rate, in tons peryear, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative ofnormal source operation. The Division shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored, or combusted during the selected time period. (ii) The Division may presume that source-specific allowable emissions for the unit are equivalentto the actual emissions ofthe unit. (iii) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit on that date. 

### "Administrator"means Administrator ofthe Division ofAir Quality, Wyoming Department ofEnvironmental Quality. 

### ttAllowable emissions"means the emissionrate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to enforceable permit conditions which limit the operating rate orhours ofoperation, or both) and the most stringent ofthe following: (i) Applicable standards set forth in Chapter 5, Section 2 or Section 3 of these regulations and othernew source performance standards and national emission

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standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the State ofWyoming. (ii) Any other applicable emission limit in these'regulations. (iii) The emission rate agreed to by the owner or operator as an enforceable permit condition. 

### "Baseline actualemissions"means the rate ofemissions, in tons peryear, ofa regulated NSRpollutant, as determined in accordance withparagraphs (i) through (iv) of this definition. (i) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-monthperiod selected by the owner or operator within the 5-yearperiod immediatelypreceding when the owner or operator begins actual construction ofthe project. The Division shall allow the use ofa differenttime period upon a determination that it is more representative ofnormal source operation. (A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-monthperiod. (C) For a regulated NSRpollutant, when aproject involves multiple emissions units, only one consecutive 24-month period mustbe used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-monthperiod can be used for eachregulated NSRpollutant. (D) The average rate shall not be based on any consecutive 24­ month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount ifrequired by paragraph (i)(B) ofthis definition. (ii) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons peryear, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the la-year period immediately preceding either the date the owner or operator begins actual construction ofthe project, orthe date a complete permit application is received by the Division for a Chapter 6, Section4 permit, whichever is earlier, except that the la-yearperiod shall not include any period earlier than November 15, 1990.

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(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-monthperiod. (C) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source mustcurrently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period; however, ifan emission limitation is part ofa maximum achievable control technology standard thatthe EPA Administrator proposed orpromulgated under 40 CFR 63, the baseline actual emissions need only be adjusted ifthe Division has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of40 CFR 51.165(a)(3)(ii)(G). (D) For a regulated NSRpollutant, when a project involves multiple emissions units, only one consecutive 24-month period mustbe used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period canbe used for each regulatedNSRpollutant. (E) The average rate shall not be based on any consecutive 24­ month period for which there is inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired by paragraphs (ii)(B) and (C) of this definition. (iii) For a new emissions unit, the baseline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all otherpurposes, shall equal the unit's potential to emit. (iv) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (i) ofthis definition, for other existing emissions units in accordance with the procedures contained in paragraph (ii) ofthis definition, and for a new emissions unit in accordance with the procedures contained in paragraph (iii) ofthis definition. UBaseline area"means any intrastate area (and every part thereof) designated as attainment or unclassifiable underthe Federal Clean Air Act in which a major source or major modification establishing the minor source baseline date would construct orwould

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have an air quality impact equal to or greater than 1 Ilg/m3 (annual average) ofthe pollutant for which the minor source baseline date is established. (i) The following baseline areas have been designated as separate particulate matter attainment areas under section 107 ofthe Clean Air Act: (A) The PowderRiver BasinArea, described as that areabounded by Township40 through 52 North, and Range 69 through 73 West, inclusive ofthe Sixth Principal Meridian, Campbell and Converse Counties, excluding the areas defined as the Pacific Power and Light attainment area and the Hampshire Energy attainment area. (B) The Pacific Power and Light Area, described as that area bounded by the NW'14 ofSection 27, T50N, R71W, Campbell County, Wyoming. (C) The Hampshire Energy Area, described as that area bounded by Section 6 excluding the SW'I4; EY2 Section 7; Section 17 excludingthe SW'I4; Section 14 excluding the SE'I4; Sections 2, 3,4,5,8,9, 10, 11, 15, 16 ofT48N, R70W and Section 26 excludingthe NE'I4; SW'14 Section 23; Sections 19,20,21,22,27,28,29,30, 31,32,33,34,35 ofT49N, R70W, Campbell County, Wyoming. (D) The Kennecott-Puron Area, described as the area bounded by the WY2SW'14 Section 18, WY2NW'I4, NW'I4SW'14 Section 19, T47N, R70W, SY2 Section 

### 13, NY2, NY2SW'I4, NY2SE'14 Section 24 T47N, R71W, Campbell County, Wyoming. (E) The remainderofthe State ofWyoming. (ii) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PMIO increments.**~~Baseline** 

### concentration"means that ambient concentration level which exists in the baseline area at the time ofthe applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: (i) The actual emissions, as defined in this section, representative of sources in existence onthe applicable minor source baseline date, except as provided in paragraph (iv) ofthis definition; (ii) The allowable emissions ofmajor stationary sources which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date;

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(iii) Contributions due to emissions from any emitting source or modification which (l) is not listed in Chapter 6, Section4(a) underthe definition for "Majorstationary source", item (a) and qualified as "major" priorto August 7, 1980 only because fugitive emissions were included in determining potential to emit, (2) submitted a complete permit application under Chapter 6, Section4(b) orthe Federal Clean Air Act prior to August 7,1980, and (3) was in existence as ofthe minor source baseline date; (iv) The following will notbe included in the baseline concentration and will affect the applicable maximum allowable increment: (A) Actual emissions, as defined in this section, from any major stationary source on which construction commenced afterthe major source baseline date; and (B) Actual emissions increases and decreases, as determined in accordance withthe definition for "Actual emissions" in this section, at any stationary source occurring afterthe minor source baseline date.**~~Begin** 

### actualconstruction"means, in general, initiation ofphysical on-site construction activities on an emissions unit which are ofa permanentnature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofunderground pipework, and construction ofpermanent storage structures. With respect to a change in method ofoperation this term refers to those onsite activities, other than preparatory activities, which mark the initiation ofthe change. 

### "Bestavailable controltechnology"means an emission limitation (including a visible emission standard) based onthe maximum degree ofreduction ofeachpollutant subjectto regulation under these Standards and Regulations orregulation under the Federal Clean AirAct, which would be emitted from orwhich results for any proposed major stationary source ormajor modification which the Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source ormodification through application or production processes and available methods, systems, and techniques, including fuel cleaning ortreatment orinnovative fuel combustiontechniques for control ofsuch pollutant. Ifthe Administrator determines thattechnological or economic limitations on the application ofmeasurementmethodology to a particular emissions unit would make the imposition ofan emission standard infeasible, he may instead prescribe a design, equipment, work practice or operational standard orcombinationthereofto satisfy the requirement ofBestAvailable Control Technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation ofsuch design, equipment, workpractice, or operation and shall provide for compliance by means which achieve equivalent results. Application ofBACT shall not result in emissions in excess ofthose allowed under Chapter 5, Section 2 or Section 3 ofthese regulations and any

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other new source performance standard or national emission standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the State ofWyoming. 

### "Clean coaltechnology"means any technology, including technologies applied at the precombustion, combustion, orpostcombustion stage, at a new or existing facility which will achieve significantreduction in air emissions ofsulfur dioxide or oxides of nitrogen associated with the utilization ofcoal in the generation ofelectricity, orprocess steam which was not in widespread use as ofNovember 15, 1990. 

### "Clean coaltechnologydemonstrationproject"means a project using funds appropriated under the heading "DepartmentofEnergy-Clean Coal Technology", up to a total amount of$2,500,000,000 for commercial demonstration ofclean coal technology, or similarprojects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost ofthe demonstration project. 

### "Commenced", as applied to construction ofa major stationary source or major modification, means that the owner or operator has obtained a Construction Permit required by Chapter 6, Section 2 and either has (i) begun, or caused to begin, a continuous program ofactual on-site construction ofthe source or (ii) entered into binding agreements or contractual obligations, which cannotbe canceled or modified without substantial loss to the owner or operator, to undertake a program ofconstruction ofthe source to be completed within a reasonable time. 

### "Complete"means, in reference to an application for a permit, that the application contains all the information necessary for processing the application. Designating an application complete for purposes ofpermitprocessing does not preclude the Division from requesting or accepting any additional information. 

### "Construction"means any physical change or change in the method ofoperation (including fabrication, erection, installation, demolition, or modification ofan emissions unit) which would result in a change in emissions. 

### "Continuous emissions monitoringsystem (CEMS) " means all ofthe equipment that may be required to meet the data acquisition and availability requirements ofthis section, to sample, condition (ifapplicable), analyze, and provide a record ofemissions on a continuous basis. 

### "Continuous emissions rate monitoringsystem (CERMS) " means the total equipment required for the determination and recording ofthe pollutant mass emissions rate (in terms ofmass perunit oftime). 

### "Continuousparametermonitoringsystem (CPMS) " means all ofthe equipment necessary to meetthe data acquisition and availability requirements ofthis section, to

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monitorprocess and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 orCO2 concentrations), and to record average operational parameter value(s) on a continuous basis. 

### "Electric utilitysteamgenerating unit"means any steam electric generating unit that is constructed for the purpose ofsupplying more than one-third ofits potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose ofproviding steamto a steam-electric utility steam generator that would produce electrical energy for sale is also considered indetermining the electrical energy output capacity ofthe affected facility. 

### "Emissions unit"means any part ofa stationary source that emits or would have the potential to emit any regulated NSRpollutant and includes an electric utility steam generating unit as defined in this section. For purposes ofthis section, there are two types ofemissions units as described in paragraphs (i) and (ii) ofthis definition. (i) A new emissions unit is any emissions unitthat is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated. (ii) An existing emissions unit is any emissions unitthat does not meet the requirements in paragraph (i) ofthis definition. 

### "Enforceable"means all limitations and conditions which are enforceable under provisions ofthe Wyoming Environmental Quality Act and/or are federally enforceable by the Administrator ofthe EPA, including those requirements developed pursuant to 40 CFRparts 60 and 61, requirements within the State Implementation Plan, and any permit requirements established pursuantto 40 CFR 52.21 orunder regulations approved pursuant to 40 CFR 51.18 or 51.166. 

### "FederalLandManager" means, with respect to any lands in the United States, the Secretary ofthe Department with authority over such lands. 

### "Fugitive emissions"means those emissions which could not reasonably pass through a stack, chimney, vent, or otherfunctionally equivalent opening. 

### "High terrain"means any area having an elevation 900 feet or more above the base ofthe stack ofa source. 

### "Indian GoverningBody"means the governing body ofany tribe, band, or group ofIndians subjectto thejurisdictionofthe United States and recognized by the United States as possessingpower ofself-Government.

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### "Indian Reservation"means any federally recognized reservation established by treaty, agreement, executive order, or act ofCongress. 

### "Innovative controltechnology"means any system ofair pollution control that has notbeen adequately demonstrated in practice, butwould have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice or ofachieving at least comparable reductions at lower cost in terms ofenergy, economics, or non air quality environmental impacts. 

### "Lowestachievable emission rate (LAER) " means, for any source, the more stringentrate ofemissions based onthe following: (i) The most stringent emissions limitation which is contained in the implementation plan ofany State for such class or category ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or (ii) The most stringent emissions limitation which is achieved in practice by such class or category ofstationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. In no event shall the application ofthe term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard ofperformance. 

### "Low terrain"means any area other than high terrain. 

### "Major modification"means any physical change in or change in the method of operation ofa major stationary source that would result in: a significant emissions increase (as defined in the definition for "Significant emissions increase" in this section) ofa regulated NSRpollutant (as defined in the definition for "RegulatedNSRpollutant" in this section); and a significant net emissions increase ofthatpollutant from the major stationary source. Any significant emissions increase (as defined in the definition for "Significant emissions increase" in this section) from any emissions units or net emissions increase (as defined in the definition for "Net emissions increase" in this section) at a major stationary source that is significant for volatile organic compounds

## W: shall be considered significant for ozone. (i) A physical change or change in the method ofoperation shall not include: (A) Routine maintenance, repair and replacement.

6-8Draft3-9-10 (B) Use ofan alternative fuel by reason ofan order under section 125 ofthe Federal Clean Air Act; (C) An increase in the hours ofoperation or in the production rate, ifsuch increase does not exceed the operating design capacity ofthe major stationary source unless such change would be prohibited by, orinconsistent with, an enforceable permit issued by the Division; (D) Use ofan alternative fuel orraw material by reason ofan order in effect under sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), orby reason ofa natural gas curtailment plan in effect pursuant to the Federal Power Act; (E) Use ofan alternative fuel orraw material, ifprior to January 6, 1975, the source was capable ofaccommodating such fuel or material unless such change would be prohibited by, orinconsistent with, an enforceable permit issued by the Division, or ifthe source is approved to use such fuel ormaterial through an enforceable permit issued under these regulations; (F) Change in ownership ofthe stationary source; (G) The use ofmunicipal solid waste as an alternative fuel at a steam generating plant; (H) The installation, operation, cessation orremoval ofa temporary clean coal technology demonstrationproject, provided that the project complies with: (I) The Wyoming State Implementation Plan, and (II) Otherrequirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. (I) The installation or operation ofa permanent clean coal technology demonstration projectthat constitutes repowering, provided that the project does not result in an increase in the potential to emit ofany regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis. (J) The reactivation ofa very clean coal-fired electric utility steam generating unit. (ii) This definition shall not apply with respect to a particularregulated NSRpollutant when the major stationary source is complying with the requirements under paragraph (b)(xv) ofthis section for a PAL for that pollutant. Instead, the

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definition in paragraph (b)(xv)(B) for "PAL major modification" ofthis section shall apply. 

### "Majorsourcebaselinedate"means: (i) In the case ofparticulate matter and sulfur dioxide, January 6, 1975; and (ii) In the case ofnitrogen dioxide, February 8, 1988. 

### "Majorstationarysource"means (a) any ofthe following stationary sources of air pollutants which emit, orhave the potential to emit, one hundred tons peryear ormore ofany air pollutant for which standards are established under these Standards and Regulations orunder the Federal Clean Air Act: fossil fuel-fired steam electric plants of more than two hundred and fifty million Britishthermal units perhour heat input, coal cleaningplants (with thermal dryers), kraft pulp mills, Portland Cementplants, primo/Y**~~.2~ smel~~~~:;H~,ron**  and steel mill plants, primary aluminum ore reduction plants (lfth 

## tIrermij

# Mi_J, primary copper smelters, municipal incinerators capable ofcharging more than two hundred and fifty tons ofrefuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbonblackplants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production**}JHl.IH~,** chemical process plants

...

, fossil fuel boilers (or combinations thereof) ofmore than two hundred and fifty million British thermal units perhourheat input, petroleum storage and transferplants with a capacity exceedingthree hundred thousand barrels, taconite ore processing plants, glass fiber processingplants, charcoal productionplants. (b) Such term also includes any stationary source which emits, orhas the potential to emit, two hundred and fifty tons peryear or more ofany air pollutant for which standards are established under these Standards and Regulations orunder the Federal Clean Air Act. (c) Such term also includes any physical change that would occur at a stationary source not otherwise qualifying under this definition ifthe change would constitute a major stationary source by itself. (d) A major source which is major for volatile organic compounds orN€l:gis considered to be major for ozone. 

### "Minorsource baselinedate"means the earliest date after August 7, 1977 for particulate matter and sulfur dioxide, and after February 8, 1988 for nitrogen oxides, on which a major stationary source ormajor modification submits a complete permit application under Chapter 6, Section 4(b) orunder the Federal Clean Air Act. (i) The minor source baseline date for sulfur dioxide for the State of Wyoming is February 2, 1978.

6-10Draft3-9-10 (ii) The minor source baseline date for nitrogen oxides for the State of Wyoming is February 26, 1988. (iii) The minor source baseline date for particulate matter is as follows: (A) For the Powder River BasinArea

- March 6, 1997; (B) For the Pacific Power and Light Area

- June 18 1980; (C) For the Hampshire Energy Area

- September 30, 1982; (D) For the Kennecott-Puron Area

- February 27, 1995; (E) For the rest ofthe State ofWyoming

- February 22,1979. (iv) The baseline date is established for each pollutant for which increments or other equivalent measures have been established, if: (A) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under the Federal CleanAir Act for the pollutant on the date ofits complete application; and (B) In the case ofa major stationary source, the pollutant would be emitted in significant amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant. (v) The baseline date is not established by the permit application for an emitting source ormodification which (1) is not listed in Chapter 6, Section4(a) under the definition for "Major stationary source", item (a), (2) qualified as "major" prior to August 7, 1980 only because fugitive emissions were included in determining potential to emit, and (3) submitted a complete permit application under Chapter 6, Section 4(b) or the Federal Clean Air Act prior to August 7,1980. (vi) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM IO increments. 

### "Netemissions increase"means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum ofthe following exceeds zero: (i) The increase in emissions from a particular physical change or change in the method ofoperation at a stationary source as calculated pursuant to paragraph (b)(i)(J) ofthis section;

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(ii) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph (ii) shall be determined as provided in the definition for "Baseline actual emissions", exceptthat paragraphs (i)(C) and (ii)(D) ofthe definition for "Baseline actual emissions" shall not apply. (iii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs between: (A) The date five years before construction on the particular change commences; and (B) The date that the increase from the particular change occurs. (iv) An increase or decrease in actual emissions is creditable only if: (A) The Division has not relied on it in issuing a Chapter 6, Section 4 permit for the source, which is in effect when the increase in actual emissions from the particular change occurs. (v) An increase or decrease in actual emissions ofsulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only ifit is required to be considered in calculating the amount ofmaximum allowable increases remaining available. (vi) An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old level. (vii) A decrease in actual emissions is creditable only to the extent that: (A) The old level ofactual emissions orthe old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (B) It is enforceable as a practical matter at and after the time that actual construction onthe particular change begins; (C) Ithas approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and (viii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins

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to emit a particularpollutant. Anyreplacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (ix) The definition of"Actual emissions" ofthis section, shall not apply for determining creditable increases and decreases. 

### "Potential to emit"means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation onthe capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions onhours ofoperation orthe type or amount ofmaterial combusted, stored, orprocessed, shall be treated as part ofits design ifthe limitation or the affect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. 

### "Predictive emissions monitoringsystem (PEMS) " means all ofthe equipment necessary to monitorprocess and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lblhr) on a continuous basis. 

### "Project" means a physical change in, or change in method ofoperation of, an existing major stationary source. 

### "Projectedactual emissions"means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSRpollutant in any one ofthe 5 years (12-monthperiod) following the date the unit resumes regular operation after the project, or in anyone ofthe 10 years following that date, ifthe project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSRpollutant, and full utilization ofthe unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source. (i) In determining the projected actual emissions under the above paragraph ofthis section (before beginning actual construction), the owner or operator of the major stationary source: (A) Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections ofbusiness activity, the company's filings withthe State or Federal regulatory authorities, and compliance plans approved by the Division; (8) Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions;

6-13Draft3-9-10 (C) Shall exclude, in calculating any increase in emissions that results from the particularproject, that portion ofthe unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under the definition for "Baseline actual emissions" ofthis section and that are also unrelated to the particularproject, including any increased utilization due to product demand growth; or, (D) In lieu ofusing the method set out in paragraphs (i)(A) through (C) ofthis definition, may electto use the emissions unit's potential to emit, in tons peryear, as defined underthe definition of"Potential to emit" ofthis section. 

### UReactivation of a very clean coal-firedelectric utilitysteamgenerating unit" means any physical change orchange inthe method ofoperation associated with the commencement ofcommercial operations by a coal-fired utility unit after a period of discontinued operation where the unit: (i) Has not been in operation for the two-yearperiodpriorto the enactment ofthe Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried inthe State ofWyoming's emissions inventory atthe time of enactment; (ii) Was equippedpriorto shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide ofno less than 

### 85 percent and a removal efficiency for particulates ofnot less than 98 percent; (iii) Is equipped with 10w-NOx burners prior to the time of commencement ofoperations following reactivation; and (iv) Is otherwise in compliance with the requirements ofthe Clean Air Act. 

### URegulatedNSRpollutant", for purposes ofthis section, means the following: (i) Anypollutant for which a national ambient air quality standard has been promulgated and any constituents orprecursors for such pollutants identified 

### by the

unclassifi@le

## areas.

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(ii) Any pollutant that is subject to any standard promulgated under section 111 ofthe Federal Clean Air Act; (iii) Any Class I or II substance subjectto a standard promulgated under or established by Title VI ofthe Federal Clean Air Act; eF (iv) Any pollutantthat otherwise is subject to regulation underthe Federal Clean Air Act; exceptthat any or all hazardous air pollutants either listed in section 112 ofthe Federal CleanAir Act or added to the list pursuant to section 112(b)(2) ofthe Federal Clean Air Act, which have not been delisted pursuantto section 112(b)(3) ofthe Federal CleanAir Act, are notregulated NSRpollutants unless the listed hazardous air pollutant is also regulated as a constituent orprecursor ofa general pollutant listed under section 108 ofthe Federal Clean Air Act.

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### "Repowering" means replacement ofan existing coal-fired boiler with one ofthe following clean coal technologies: atmospheric orpressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as determined by the Administrator of EPA, in consultation with the Secretary ofEnergy, a derivative ofone or more ofthese technologies, and any other technology capable ofcontrolling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance oftechnology in widespread commercial use as ofNovember 15, 1990. (i) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as ofJanuary 1, 1991, by the Department ofEnergy. (ii) The Administrator shall give expedited consideration to permit applications for any source that satisfies the requirements ofthis subsection and is granted an extension under section409 ofthe Clean Air Act. 

### "Secondary emissions"means emissions which occur as a result ofthe construction or operation ofa major stationary source or major modification, but do not come from the major stationary source ormajor modification itself. For the purposes of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed orincrease its emissions except as a result ofthe construction or modification ofthemajor stationary source ormajor modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofa motor vehicle or from a train.

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### "Significant"means: (i) In reference to a net emission§ increase orthe potential ofa source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed any ofthe following rates: POLLUTANT AND EMISSIONS RATE Carbonmonoxide: 100 tons per year (tpy) Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy Particulate matter: 25 tpy ofparticulate matter emissions; 15 tpy ofPM 10 emissions

Ozone: Lead: Fluorides: Sulfuric acid mist: Hydrogen sulfide (H2S): Total reduced sulfur (including H2S): Reduced sulfur compounds (including H2S): Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): Municipal waste combustormetals (measured as particulate matter): Municipal waste combustor acid gases 0.6 tpy 3 tpy 7 tpy 10 tpy 10 tpy 10 tpy

3.2 x 10-6 megagrams peryear (3.5 x 10-6tons per year) 14 megagrams per year (15 tons per year) (measured as sulfur dioxide and hydrogen chloride): 36 megagrams peryear (40 tons per year) Municipal solid waste landfill emissions (measured as nonmethane organic compounds):

6-17Draft3-9-10 (ii) "Significant" means, in reference to a net emissions increase or the potential ofa source to emit a pollutant subjectto these regulations and regulations under the Clean Air Act, that paragraph (i) above does not list, any emissions rate. (iii) Notwithstanding paragraph (i) above, "significant" means any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 10 kilometers ofa Class I Area, and have an impact on such area equal to or greater than 1**~g/m3** (24-hour average). 

### "Significantemissions increase"means, for a regulatedNSRpollutant, an increase in emissions that is significant (as defined in paragraph (i) ofthe definition of "Significant" in this section) for that pollutant. 

### "Stationarysource"means any structure, building, facility, equipment, installation or operation (or combination thereof) which emits or may emit any air pollutant subject to these regulations or regulations under the Federal Clean Air Act. 

### "Structure, building,/acility, equipment, installation, oroperation"means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one ormore contiguous or adjacent properties, and are under the control ofthe same person (orpersons under common control) except the activities ofany vessel. Pollutantemitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same Major Group (i.e., which have the same two-digit code) as described in the StandardIndustrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005­ 00176-0, respectively). 

### "Temporary clean coal technology demonstrationproject"means a clean coal technology demonstration project that is operated for a period of5 years or less, and which complies with the Wyoming State Implementation Plan and otherrequirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. 

### "Volatile organic compounds (VOCs) " is defined in Chapter 3, Section 6(a) of these regulations. (b) Any person who plans to construct any major stationary source or undertake a major modification ofan existing stationary source shall be subject to the conditions outlined below. (i) (A) (1) The review ofthe stationary source for the construction ormodification permit(s) required under Chapter 6, Section 2 ofthese regulations shall apply and shall be expanded so as to include analysis ofthe predicted impact ofthe allowable and secondary emissions from the stationary source on the ambient air quality

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in areas affected by such emissions. An analysis ofthe predicted impact ofemissions from the stationary source is required for all pollutants for which standards have been established under these regulations orunder the Federal Clean AirAct and which are emitted in significant amounts. An analysis ofthe impact ofotherpollutants may be required by the Administrator. Such analysis shall identify and quantify the impacton the air quality in the area ofall emissions not included inthe baseline concentrations including, butnot limitedto, those emissions resulting from the instant application and all otherpermits issued inthe area. The purpose ofthis analysis is to determine the total deterioration ofair quality from the baseline concentrations; however, projections of deterioration due to general non-stationary source growth in the areapredicted to occur after the date ofapplication is notrequired. A permitto constructpursuantto Chapter 6, Section 2 shall be issued only ifthe conditions ofChapter 6, Section 2 are complied with and ifthe predicted impact (over and above the baseline concentration) ofemissions defined above is less thanthe maximum allowable increment shown in Table 1 for the classification ofthe area in whichthe impact is predicted and ifthe ambient standard for the pollutant(s) is not exceeded.

Table 1 Maximum Allowable Increments ofDeterioration

- Ilg/m3 Pollutant Class I Class II Particulate Matter: PMlO, annual arithmetic mean PMlO, 24-hourmaximum 4 8 17 30 SulfurDioxide: Annual arithmetic mean 24-hour maximum* 3-hourmaximum* 2 

### 5 

### 25 20 91 

### 512 Nitrogen Dioxide Annual arithmetic mean 

### 2.5 25 *Maximum allowable increment may be exceeded once peryear at any receptor site. (II) Notwithstandingthe provisions ofparagraph (b)(i)(A)(I) above, the following concentrations shall be excluded in determining compliance with maximum allowable increases: (1.) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use ofpetroleum products, natural gas, orboth by reason ofan order ineffectunder sections 2(a) and (b) of the Energy Supply and Environmental CoordinationAct of 1974 (or any superseding

6-19Draft3-9-10 legislation) overthe emissions from such sources before the effective date ofsuch an order. No such exclusion shall apply for more than five years after the later ofsuch effective dates; (2.) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason ofnatural gas curtailment plan ineffect pursuant to the Federal Power Act over the emissions from such sources before the effective date ofsuch plan. No such exclusion shall apply for more than 5 years after the later ofsuch effective date; (3.) Concentrations ofparticulate matter attributable to the increase in emissions from construction or other temporary emission-related activities ofnew or modified sources; (4.) The increase in concentrations attributable to new sources outside the United States overthe concentrations attributable to existing sources which are included in the baseline concentrations; and (5.) Concentrations attributable to the temporary increase in emissions ofsulfur dioxide, particulate matter, or nitrogen oxides from stationary sources as specified below.

a. The temporary emissions do not occur for more than 2 years. b. The 2-year time period is not renewable.

c. Such temporary emissions are not eligible for exclusion ifthey would impact a Class IArea or an area where the applicable increment is known to be violated or an area where they would cause or contribute to a violation ofthe applicable ambient air quality standard. d. At the end ofthe temporary emission time frame, emissions from the stationary source causing these temporary emissions shall not exceed those levels occurring at such source prior to such temporary emission. (B) In addition to the analyses required under Chapter 6, Section 4(b)(i)(A) above, (I) The owner or operator shall provide an analysis ofthe impairment to visibility, soils and vegetation that would occur as a result ofthe source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial orrecreational value.

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(II) The owner or operator shall provide an analysis ofthe air quality impact projected for the area as a result ofgeneral commercial, residential, industrial and other growth associated with the source or modification. (C) The requirements for demonstration ofcompliance with applicable increments ofChapter 6, Section 4(b)(i)(A)(I), the additional analysis requirements ofChapter 6, Section 4(b)(i)(B) and the ambient air quality analysis requirements ofChapter 6, Section 4(b)(i)(E) shall not apply to a proposed major stationary source ormodification with respect to a particularpollutant ifthe Administrator determines that: (I) The increase in allowable emissions ofthat pollutant from the stationary source orthe net emissions increase ofthat pollutant from a modification would be temporary and would impact no Class I Area and no areawhere an applicable increment is known to be violated; or (II) The stationary source was in existence on March 1, 1978, and that the maximum allowable emission increases only impact Class II Areas, and that after application ofBACT, the increase in allowable emissions ofeachpollutant would be less than 50 tons per year. (D) Fugitive emissions, to the extent quantifiable, will be considered in calculating the potential to emit ofthe stationary source or modification only for: (I) Sources listed in Chapter 6, Section 4(a) under the definition of"Major stationary source", item (a). (II) Any other stationary source category which, as of August 7, 1980, is being regulated under section III or 112 ofthe Clean Air Act. (III) And such other sources as the Environmental Quality Council may laterdetermine. (E) An application subject to this section shall contain an analysis ofambient air quality in the area that wouldbe affected by the stationary source or modification as required below: (I) For eachpollutant that the source would have the potential to emit in a significant amount. (II) For the modification, each pollutant for which it would result in a significant net emissions increase.

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(III) Forpollutants for whichNational Ambient Air Quality Standards have been established, the analysis shall contain continuous air quality monitoring data gathered for purposes ofdetermining whether emissions ofthat pollutant would cause or contribute to a violation ofthe standard or any maximum allowable increase. (IV) In general, the required continuous air quality monitoring data shall have been gathered over a period ofone year immediately preceding receipt ofthe application. The Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis canbe accomplished with monitoring data gathered over a period shorter than one year.(V) All monitoring conducted pursuant to the requirements ofthis section shall meetthe requirements ofAppendix B of40 CFRpart 58. (VI) The requirements for pre-construction monitoring specified above and under Chapter 6, Section 2(b) with respectto monitoring for a particularpollutant may be waived by the Administrator upon petition from an applicant if: (1.) The emissions increase ofthepollutant from a new stationary source orthe net emissions increase ofthe pollutant from a modification would cause, in any area, air quality impacts less than the following amounts:

a. CarbonMonoxide

- 575 Ilg/m3, 8-hour average; b. Nitrogen Dioxide

- 14 Ilg/m3, annual average;

c. Particulate Matter

- 10 Ilg/m3 ofPM 10, 24-hour average; d. Sulfur Dioxide

- 13 Ilg/m3, 24-hour average;

e. Ozone (No "De Minimis" air quality level is provided for ozone; however, an net increase of 100 tons per year or more ofvolatile organic compounds would be required to perform an ambient impact analysis, including the gathering ofambient air quality data.)

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f. Lead

- 0.1 Ilg/m3, 3-month average; g. Fluorides

- 0.25 Ilg/m3, 24-hour average; h. Total Reduced Sulfur

- 10 Ilg/m3, I-hour average;

1. Hydrogen Sulfide

- 0.2 Ilg/m3, I-hour average; 

### J. Reduced SulfurCompounds

- 10 Ilg/m3, I-hour average; or (2.) The concentrations ofthe pollutant in the area that the source or modification would affect are less than the concentrations listed

### aOO¥e or (3.) The pollutant is not listed

### aOO¥e 

### inparagraph 

# d2JCULe)(Yl)O,) ofthis Section. (F) The Administrator mayrequire an applicant subjectto the provisions ofthis section to conduct an approved visibility monitoring program in any Class I Area which maybe impacted by emissions from the proposed stationary source. (G) At suchtime that a particular source or modificationbecomes a major stationary source ormajormodification solelyby virtue ofa relaxation in any enforceable limitation which was established after August 7, 1980 on the capacity ofthe source ormodification otherwise to emit a pollutant, then all oftheprovisions ofChapter 6, Sections 2 and 4 shall apply to the source ormodification as though constructionhad not yet commenced onthe source ormodification. (H) The following specific provisions apply to projects at existing emissions units at a major stationary source (otherthan projects at a source with a PAL) in circumstances where the owner or operator elects to use the method specified in paragraphs (i)(A) through (C) ofthe definition for "Projected actual emissions" for calculatingprojected actual emissions. (I) Before beginning actual construction ofthe project, the owner or operator shall document and maintain a record ofthe following information: (1.) A description ofthe project; (2.) Identification ofthe emissions unites) whose emissions ofa regulated NSRpollutant couldbe affected by the project; and

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(3.) A description ofthe applicability test used to determine that the project is not a major modification for any regulatedNSRpollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded underparagraph (i)(C) ofthe definition for "Projected actual emissions" in Section 4(a) and an explanation for why such amount was excluded, and any netting calculations, ifapplicable. (II) Before beginning actual construction, the owner or operator shall provide the information set out in paragraph (b)(i)(H)(I) ofthis section to the Division as a Chapter 6, Section 2 permit application. (III) The owner or operator shall monitor the emissions of any regulatedNSRpollutantthat could increase as a result ofthe project and that is emitted by any emissions unit identified in paragraph (b)(i)(H)(I)(2.) ofthis section; and calculate and maintain a record ofthe annual emissions, in tons peryear on a calendar year basis, for a period of5 years following resumption ofregular operations after the change, or for a period of 10 years following resumption ofregular operations after the change iftheproject increases the design capacity orpotential to emit ofthat regulated NSRpollutant at such emissions unit. (IV) The owner or operator shall submit a report to the Division within 60 days after the end ofeach year during which records mustbe generated under paragraph (b)(i)(H)(III) ofthis section setting out the unit's annual emissions during the calendaryear that preceded submission ofthe report. (I) The owner oroperator ofthe source shall make the information required to be documented and maintained pursuant to paragraph (b)(i)(H) ofthis section available for review upon request for inspection by the Division or the general public pursuantto the requirements contained in 40 CFR 70.4(b)(3)(viii). (1) (I) Except as otherwise provided in paragraph (b)(xv) of this section, and consistent with the definition of"Majormodification" contained in Section4(a), a project is a majormodification for a regulated NSRpollutant ifit causes two types ofemissions increases-a significant emissions increase (as defined in the definition for "Significant emissions increase" in Section4(a)), and a significant net emissions increase (as defined in the definitions for "Netemissions increase" and "Significant" in Section 4(a)). The project is not a major modification ifit does not cause a significant emissions increase. Ifthe project causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase. (II) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step oftheprocess)

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will occur depends upon the type ofemissions units being modified, according to paragraphs (b)(i)(J)(III) through (V) ofthis section. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step ofthe process) is contained in the definition for "Netemissions increase" in Section 4(a). Regardless ofany such preconstructionprojections, a major modification results ifthe project causes a significant emissions increase and a significant net emissions increase. (III) Actual-to-Projected-Actual Applicability Test For Projects That Only Involve Existing Emissions Units. A significant emissions increase of a regulated NSRpollutant is projected to occur ifthe sum ofthe difference betweenthe projected actual emissions (as defined in the definition for "Projected actual emissions" in Section 4(a)) and the baseline actual emissions (as defined inparagraphs (i) and (ii) in the definition of"Baseline actual emissions" in Section 4(a)) for each existing emissions unit, equals or exceeds the significant amount for that pollutant (as defined in the definition of "Significant" in Section4(a)).(IV) Actual-to-Potential Test For Projects That Only Involve Construction ofa NewEmissions Unites). A significant emissions increase ofa regulated NSRpollutant is projectedto occurifthe sum ofthe difference betweenthe potential to emit (as defined in the definition for "Potential to emit" in Section4(a)) from each new emissions unit following completion ofthe project and the baseline actual emissions (as defined in paragraph (iii) for the definition of"Baseline actual emissions" in Section4(a)) ofthese units before the project equals or exceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)). (V) Hybrid TestFor Projects That Involve Multiple Types ofEmissions Units. A significant emissions increase ofa regulated NSRpollutant is projected to occur ifthe sum ofthe emissions increases for each emissions unit, using the method specified inparagraphs (b)(i)(J)(III) and (IV) ofthis section as applicable with respect to each emissions unit, for eachtype ofemissions unit equals or exceeds the significant amount for that pollutant (as defined in the definition of"Significant" in Section 4(a)). (ii) (A) The required permit shall not be issued unless the proposed major stationary source or major modification would meet an emission limit(s) or equipment standard(s) specified by the Administratorto represent the application ofBest Available Control Technology for each pollutantregulated under these Standards and Regulations and under the Federal Clean Air Act and having the potential to emit in significant amounts. Forphased construction projects, the determination ofBACT shall be reviewed and modified as appropriate atthe latest, most reasonable time no later than 18 months prior to commencement ofeach phase ofthe proposed project. At such time, the owner or operator ofthe applicable stationary source may be required to demonstrate

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the adequacy ofany previous determination ofbest available control technology for the stationary source. (B) In the case ofa major modification, the requirements for Best Available Control Technology shall apply only to each new or modified emissions unit at which a net emissions increase ofthe pollutant would occur. (C) (I) The applicant for a permit for a source subjectto this section may petition the Administrator to approve a system ofinnovative control technology. (II) The Administrator, with the approval ofthe governor(s) ofother affected state(s) may approve the employment ofa system of innovative control technology if: (1.) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; (2.) The owner or operator agrees to achieve a level ofcontinuous emissions reduction equivalentto that which would have beenrequired under paragraphs (ii)(A) and (B) above by a date specified by the Administrator. Such date shall not be later than 4 years from the time ofstartup or 7 years from permit Issuance. (3.) The major stationary source or major modification would meet the requirements equivalentto those in paragraphs (b)(i)(A)(I), (b)(ii)(A), and (b)(ii)(B) above based onthe emissionrate that the stationary source employing the system ofinnovative control technology would be required to meet onthe date specified by the Administrator. (4.) The source or modification would not before the date specified by the Administrator:

a. Cause or contribute to any violation ofan applicable National Ambient Air Quality Standard, or b. Impact any Class I Area, or

c. Impact any area where an applicable increment is known to be violated. (5.) All otherapplicable requirements including those for public participationhave been met.

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(III) The approval to employ a system ofinnovative control technology shall be withdrawn by the Administrator if: (I .) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate, or (2.) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety, or (3.) The Administrator decides at any time that the proposed system is unlikely to achieve the required level ofcontrol orto protect the public health, welfare, or safety. (IV) Ifthe source ormodification fails to meet the required level ofcontinuous emissions reduction within the specified time period or ifthe approval is withdrawn in accordance with (III) above, the Administrator may allowthe source or modification up to an additional three years to meet the requirement for the application of BACT through use ofa demonstrated system ofcontrol. (iii) Temporary particulate matter emissions such as those associated with the construction phase ofthe source shall not be included in the determination on the issuance or denial ofa required permit and shall not be taken into account when determining compliance withthe maximum allowable increments in Table I; however, Best Available Control Technology shall be appliedto abate such temporary emission. (iv) All applications ofair quality modeling required underparagraph (b)(i) above shall be based on the applicable models, databases, and other requirements specified in Appendix W of40 CFRpart 51 (Guideline on Air Quality Models). Where an air quality model specified in Appendix W of40 CFRpart 51 (Guideline on Air Quality Models) is inappropriate, the model may be modified or another model substituted. Such a modification or substitution ofa model may be made on a case-bycase basis or, where appropriate, on a generic basis for a specific State ofWyoming program. Written approval ofthe EPA Administratormustbe obtained for any modification or substitution. In addition, use ofa modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in Chapter 6, Section 2(g). (v) In any case where the federal official charged with direct responsibility for management ofany lands within a Class I Area, or the Administrator ofEPA or the governor ofan adjacent state containing such a Class IArea, files a notice alleging that emissions from a proposed source or major modification may cause orcontribute to a change in the air quality in such area and identifYing the potential adverse impact ofsuch change, a permit shall not be issued unless the owner or operator ofsuch source

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demonstrates to the satisfaction ofthe Administratorthat emissions ofparticulate matter, sulfur dioxide, and nitrogen oxides will not cause or contribute to concentrations which exceed the maximum allowable increases for the Class IArea in question. (vi) (A) In any case where a Federal Land Manager demonstrates to the satisfaction ofthe Administratorthat the emissions from such source will have an adverse impact onthe air quality-related values (including visibility) ofsuch Class I Areas, notwithstandingthe fact that the change in air quality resulting from emissions from such source will not cause orcontributeto concentrations which exceedthe maximum allowable increases for Class I Areas, a permit shall notbe issued. (B) However, in the case where the Federal Land Manager provides to the Division at least 30 days priorto the Public Notice issued pursuantto Chapter 6, Section 2(m) ofthese regulations, an analysis ofthe impact ofthe emissions on visibility in a Federal Class IArea, the Division must consider such analysis in making its proposed decision. Ifthe Federal Land Manager's analysis concludes that an adverse impact on visibility in the Federal Class I Areawill occurbut the Administrator determines that the analysis does not demonstrate to his satisfactionthat such an adverse impact on visibility will occur, the Administrator shall in the Public Notice issued pursuantto the requirements ofChapter 6, Section 2(m), explainhis decision orgive notice as to where the explanation can be obtained. (vii) In any case where the owner or operator ofsuch source demonstrates to the satisfaction ofthe Federal Land Manager, and the Federal Land Manager so certifies, thatthe emissions from such source will have no adverse impact onthe air quality-related values ofsuch Class I Areas (including visibility) notwithstanding the fact thatthe change in air quality resulting from emissions from such source will cause or contribute to concentrations which exceed the maximum allowable increases for Class I Areas, the Administrator may issue a permit. (viii) In the case ofa permit issuedpursuantto subsection (vii), such source shall comply with such emission limitationunder suchpermit as maybe necessary to assure that emissions ofsulfur oxides, particulate matter, and nitrogen oxides from such source, will not cause orcontribute to concentrations ofsuch pollutant which exceeds the following maximum allowable increases overthe baseline concentration for such pollutants:

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Maximum Allowable Increase (micrograms per cubic meter) Particulate matter: PM IO, annual arithmetic mean 17 PM IO, 24-hourmaximum 30 Sulfur dioxide: Annual arithmetic mean 20 Twenty-four-hour maximum 91 Three-hour maximum 325 Nitrogen dioxide: Annual arithmetic mean 25 (ix) (A) In any case where the owner or operator ofa proposed major stationary source or major modification who has been denied a certification under subparagraph (vii) demonstrates to the satisfaction ofthe Governor ofWyoming (hereinafter the Governor), after notice and public hearing, and the Governor finds, that the source cannot be constructed byreason ofany maximum allowable increases for sulfur dioxide for periods oftwenty-four hours or less applicable to any Class I Area and, in the case offederal Mandatory Class I Areas, that a variance under this clause will not adversely affect the air quality related values ofthe area (including visibility), the Governor, after consideration ofthe Federal Land Manager's recommendation (ifany) and subjectto his concurrence, may grant a variance from such maximum allowable increase. Ifa variance is granted, a permitmaybe issued to such source pursuantto the requirements ofthis subparagraphprovided other requirements ofthis section are met. (B) In the case ofa permit issued pursuantto subparagraph (ix)(A), such source shall complywith such emission limitations under suchpermit as maybe necessary to assure that emissions ofsulfur oxides from such source will not (during any day onwhich the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which exceed the following maximum allowable increases for such areas overthe baseline concentration for suchpollutant and to assure that such emissions will not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods ofexposure of24 hours or less on more than 18 days during any annual period.

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Maximum Allowable Increase (micrograms per cubic meter) Period ofexposure: Lowterrain areas: 24-hrmaximum 36 3-hrmaximum 130 High terrain areas: 24-hr. maximum 

### 62 3-hrmaximum 221 (x) Notwithstanding otherrequirements ofthis section, a portable source which is a major stationary source and which has otherwise received a construction pennitunder Chapter 6, Sections 2 and 4 shall not be required to obtain additional relocation pennitsunderthis section if: (A) Emissions from the source would not exceed allowable emissions; and (B) Suchrelocation would impactno Class I Area and no area where an applicable increment is known to be violated; and (C) Notice is given to the Division at least 10 days priorto such relocation identifying the proposednew location and the probable duration ofoperation at such location; and (D) Emissions at the new location will be temporary. (xi) After a final decision is made on an application for a source subjectto this section, the final decision will be transmitted in writing to the applicant and the final decision and all comments received bythe Division during the public comment period will be made available for public inspection in the same location where the application and analysis was posted. A copy ofeachpennitapplication for each source or modification subjectto this section and impacting a Federal Class I Areawill be transmitted to EPA. EPA will be provided with notice ofeach action taken by the Division on such application. (xii) [Reserved.] (xiii) [Reserved.] (xiv) [Reserved.] (xv) Actuals Plantwide Applicability Limitations (PALs).

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(A) Applicability. (I) The Division may approve the use ofan actuals PAL for any existing major stationary source ifthe PAL meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section. The term "PAL" shall mean "actuals PAL" throughoutparagraph (b)(xv) ofthis section. (II) Any physical change in orchange inthe method of operation ofa major stationary source that maintains its total source-wide emissions belowthe PAL level, meets the requirements in paragraphs (b)(xv)(A) through (0) ofthis section, and complies withthe PALpermit: (1.) Is not a majormodification for the PAL pollutant; (2.) Does not have to be approved through a Chapter 6, Section 4 permit; and (3.) Is not subject to the provisions in paragraph (b)(i)(G) ofthis section (restrictions onrelaxing enforceable emission limitations that the major stationary source used to avoid applicability ofChapter 6, Section 4). (III) Except as provided underparagraph (b)(xv)(A)(II)(3.) ofthis section, a major stationary source shall continue to comply with all applicable Federal or State ofWyoming requirements, emission limitations, and workpractice requirements that were establishedpriorto the effective date ofthe PAL. (B) Definitions. The following definitions shall be used for actuals PALs consistentwithparagraphs (b)(xv)(A) through (0) ofthis section. When a term is not defined inthese paragraphs, it shall have the meaning given in Section4(a) of this section or inthe Clean AirAct. 

### "Actuals PAL for a majorstationarysource"means a PALbased onthe baseline actual emissions (as defined inthe definition for "Baseline actual emissions" in Section4(a)) ofall emissions units (as defined in the definition for "Source" in Section4(a)) at the source, that emit or have the potential to emitthe PAL pollutant. 

### "Allowable emissions" has the same meaning as inthe definition for "Allowable emissions" in Section 4(a), except as this definition is modified according to paragraphs (i) and (ii) ofthis definition.

6-31Draft3-9-10 (i) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit'spotential to emit. (ii) An emissions unit's potential to emit shall be determined using the definition of"Potential to emit" in Section 4(a), except that the words "orenforceable as a practical matter" should be added after "enforceable".**~~Major** 

### emissions unit"means: (i) Any emissions unit that emits orhas the potential to emit 100 tons peryear or more ofthe PAL pollutant in an attainment area; or (ii) Any emissions unit that emits orhas the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PALpollutant as defined by the Clean Air Act for nonattainment areas. (For example, in accordance with the definition ofmajor stationary source in section 182(c) ofthe Clean Air Act, an emissions unit would be a major emissions unit for VOC ifthe emissions unit is located in a serious ozone nonattainment area and it emits orhas the potential to emit 50 or more tons ofVOC peryear.) 

### "PAL effectivedate" generally means the date ofissuance ofthe PAL permit; however, the PAL effective date for an increased PAL is the date any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutant. 

### "PAL effectiveperiod"means the period beginning with the PAL effective date and ending 10 years later. 

### "PAL majormodification"means, notwithstanding the definitions for "Majormodification" and "Netemissions increase" ofSection4(a), any physical change in or change in the method ofoperation ofthe PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

### "PALpermit"means the Chapter 6, Section 2 or Section 4 permit issued by the Division that establishes a PAL for a major stationary source. 

### "PALpollutant"means the pollutant for which a PAL is established at a major stationary source. 

### "Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons peryear, for apollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs (b)(xv)(A) through (0) ofthis section.

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### "Significantemissions unit"means an emissions unit that emits orhas the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in the definition for "Significant" in Section 4(a) or inthe CleanAir Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in paragraph (b)(xv)(B) for the definition of"Majoremissions unit" ofthis section. 

### "Smallemissions unit"means an emissions unit that emits orhas the potential to emit the PAL pollutant in an amount less than the significant level for that PALpollutant, as defined in the definition for "Significant" in Section 4(a) or in the Clean Air Act, whichever is lower. (C) PermitApplication Requirements. As part ofa permit applicationrequesting a PAL, the owner or operator ofa major stationary source shall submitthe following information in paragraphs (b)(xv)(C)(I) through (III) ofthis section to the Division for approval. (I) A List ofAll Emissions Units atthe Source Designated as Small, Significant or Major Based onTheir Potential to Emit. In addition, the owner oroperator ofthe source shall indicate which, ifany, Federal or State ofWyoming applicable requirements, emission limitations, or workpractices apply to each unit. (II) Calculations ofthe Baseline Actual Emissions (With Supporting Documentation). Baseline actual emissions are to include emissions associated not only with operation ofthe unit, but also emissions associated with startup, shutdown, and malfunction. (III) The calculationprocedures that the major stationary source owner oroperatorproposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-monthrolling total for each month as required by paragraph (b)(xv)(M)(I) ofthis section. (D) General Requirements For Establishing PALs. (I) The Division may establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs (b)(xv)(D)(I)(1.) through (7.) ofthis section are met. (1.) The PAL shall impose an annual emission limitation in tons peryear, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period afterthe first 12 months ofestablishing a PAL, the major stationary source owner or operator shall show thatthe sum ofthe monthly emissions from each emissions unit under the PAL for the

6-33Draft3-9-10 previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). Foreach month during the first 11 months from the PAL effective date, the major stationary source owneroroperator shall showthat the sum ofthe preceding monthly emissions from the PAL effective date for each emissions unit underthe PAL is less thanthe PAL. (2.) The PAL shall be established in a PAL permit that meets the public participation requirements inparagraph (b)(xv)(E) ofthis section. (3.) The PAL permit shall contain all the requirements ofparagraph (b)(xv)(G) ofthis section. (4.) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit orhave the potential to emit the PAL pollutant at the major stationary source. (5.) Each PAL shall regulate emissions ofonly one pollutant. (6.) Each PAL shall have a PAL effective period of 10 years. (7.) The owneror operator ofthe major stationary source with a PAL shall comply withthe monitoring, recordkeeping, and reporting requirements provided in paragraphs (b)(xv)(L) through (N) ofthis section for each emissions unitunderthe PAL through the PAL effective period. (II) At no time (during or after the PAL effective period) are emissions reductions ofa PAL pollutantthat occur during the PAL effective period creditable as decreases for purposes ofoffsets under 40 CFRPart 51.165(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL. (E) Public ParticipationRequirements For PALs. PALs for existing major stationary sources shall be established, renewed, orincreased, through a procedure that is consistent with Chapter 6, Section 2. This includes the requirement that the Division provide the public with notice ofthe proposed approval ofa PAL permit and at least a 30-day period for submittal ofpublic comment. The Division must address all material comments before taking final action on the permit. (F) Settingthe 10-Year Actuals PAL Level. (I) Except as provided in paragraph (b)(xv)(F)(II) ofthis section, the actuals PAL level for a major stationary source shall be established as the

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sum ofthe baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a)) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under the definition of"Significant" in Section4(a) or under the Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24­ month period must be used to determine the baseline actual emissions for all existing emissions units; however, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down afterthis 24-monthperiod must be subtracted from the PAL level. The Division shall specify a reduced PAL level(s) (in tons/yr) in the PAL permitto become effective on the future compliance date(s) ofany applicable Federal or State ofWyoming regulatory requirement(s) that the Division is aware ofprior to issuance ofthe PAL permit. For instance, ifthe source owner or operator will be required to reduce emissions from industrial boilers in halffrom baseline emissions of60 ppm NOx to a newrule limit of30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by halfofthe original baseline emissions ofsuch unites). (II) For newly constructed units (which do not include modifications to existing units) on which actual constructionbegan after the 24-month period, in lieu ofadding the baseline actual emissions as specified in paragraph (b)(xv)(F)(I) ofthis section, the emissions must be added to the PAL level in an amount equal to the potential to emit ofthe units. (G) Contents ofthe PAL Permit. The PAL permit shall contain, at a minimum, the information in paragraphs (b)(xv)(G)(I) through (X) ofthis section. (I) The PAL pollutant and the applicable source-wide emission limitation in tons per year. (II) The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). (III) Specification in the PAL permit that ifa major stationary source owner or operator applies to renew a PAL in accordance with paragraph (b)(xv)(J) ofthis section before the end ofthe PAL effective period, then the PAL shall not expire at the end ofthe PAL effective period. Itshall remain in effect until a revised PAL permit is issued by the Division. (IV) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. (V) A requirement that, once the PAL expires, the major stationary source is subjectto the requirements ofparagraph (b)(xv)(I) ofthis section.

6-35Draft3-9-/0 (VI) The calculationprocedures that the major stationary source owner or operator shall use to convert the monitoring system datato monthly emissions and annual emissions based on a 12-monthrolling total for each month as required by paragraph (b)(xv)(C)(I) ofthis section. (VII) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions underparagraph (b)(xv)(M) ofthis section. (VIII) A requirement to retain the records required under paragraph (b)(xv)(M) ofthis section on site. Such records may be retained in an electronic format. (IX) A requirement to submit the reports required under paragraph (b)(xv)(N) ofthis section by the required deadlines. (X) Any other requirements that the Division deems necessary to implement and enforce the PAL. (H) PAL Effective Period and Reopening ofthe PAL Permit. (I) PAL Effective Period. The PAL effective period shall be 10 years. (II) Reopening ofthe PAL Permit. (1.) During the PAL effective period, the Division shall reopen the PAL permitto:

a. Correct typographical/calculation errors made in setting the PAL orreflect a more accurate determination ofemissions used to establish the PAL; b. Reduce the PAL ifthe owner or operator ofthe major stationary source creates creditable emissions reductions for use as offsets under 40 CFRpart 51.165(a)(3)(ii); and

c. Revise the PAL to reflect an increase in the PAL as provided underparagraph (b)(xv)(K) ofthis section. (2.) The Division may reopen the PAL permit for the following:

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a. Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates afterthe PAL effective date; b. Reduce the PAL consistent with any otherrequirement, that is enforceable as a practical matter, and that the Division may impose on the major stationary source; and

c. Reduce the PAL ifthe Division determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, orto an adverse impact on anAQRV that has been identified for a Federal Class I Areaby a Federal Land Manager and for which information is available to the general public. (3.) Except for the permitreopening in paragraph (b)(xv)(H)(II)(l.)a. ofthis section for the correction oftypographical/calculation errors that do not increase the PAL level, all reopenings shall be carried out in accordance with the public participationrequirements ofparagraph (b)(xv)(E) ofthis section. (I) Expiration ofa PAL. Any PALthat is notrenewed in accordance with the procedures in paragraph (b)(xv)(J) ofthis section shall expire atthe end ofthe PAL effective period, and the requirements in paragraphs (b)(xv)(I)(I) through (V) ofthis section shall apply.(I) Each emissions unit (or each group ofemissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (b)(xv)(I)(I)(l.) and (2.) ofthis section. (1.) Withinthe time frame specified for PAL renewals in paragraph (b)(xv)(J)(II) ofthis section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group ofemissions units, ifsuch a distribution is more appropriate as decided bythe Division) by distributing the PAL-allowable emissions for the major stationary source among each ofthe emissions units that existed under the PAL. Ifthe PAL had notyet been adjusted for an applicable requirement thatbecame effective during the PAL effective period, as required under paragraph (b)(xv)(J)(V) ofthis section, such distribution shall be made as ifthe PAL had been adjusted. (2.) The Division shall decide whether and howthe PAL-allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as the Division determines is appropriate.

6-37Draft3-9-10 (II) Each emissions unites) shall comply with the allowable emission limitation on a 12-monthrolling basis. The Division may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. (III) Until the Division issues the revised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as required under paragraph (b)(xv)(I)(I)(2.) ofthis section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level ofthe PAL emission limitation. (IV) Anyphysical change or change in the method of operation at the major stationary source will be subjectto Chapter 6, Section4 requirements ifsuch change meets the definition of"Majormodification" in Section 4(a). (V) The major stationary source owner or operator shall continue to comply with any State ofWyoming or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or priorto the PAL effective period except for those emission limitations that had been established pursuantto paragraph (b)(i)(G) ofthis section, but were eliminated by the PAL in accordance with the provisions in paragraph (b)(xv)(A)(II)(3.) ofthis section. (1) Renewal ofa PAL. (I) The Division shall follow the procedures specified in paragraph (b)(xv)(E) ofthis section in approving any request to renew a PAL for a major stationary source, and shall provide boththe proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During suchpublic review, any person may propose a PAL level for the source for considerationbythe Division. (II) Application Deadline. A major stationary source owner or operator shall submit a timely application to the Divisionto request renewal ofa PAL. A timely application is one that is submitted at least 6 months priorto, but not earlier than 18 months from, the date ofpermitexpiration. This deadline for application submittal is to ensure thatthe permit will not expire before the permit is renewed. Ifthe owner oroperator ofa major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. (III) Application Requirements. The application to renew a PAL permit shall contain the informationrequired in paragraphs (b)(xv)(1)(III)(l.) through (4.) ofthis section.

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(1.) The information required inparagraphs (b)(xv)(C)(I) through (III) ofthis section. (2.) A proposed PAL level. (3.) The sum ofthe potential to emit ofall emissions units underthe PAL (with supporting documentation). (4.) Any other informationthe owner or operator wishes the Division to consider in determining the appropriate level for renewing the PAL. (IV) PAL Adjustment. In determining whether andhowto adjust the PAL, the Division shall considerthe options outlined in paragraphs (b)(xv)(J)(lV)(l.) and (2.) ofthis section; however, in no case may any such adjustment fail to comply with paragraph (b)(xv)(J)(lV)(3.) ofthis section. (1.) Ifthe emissions level calculated inaccordance withparagraph (b)(xv)(F) ofthis section is equal to or greater than 80 percent ofthe PAL level, the Division may renew the PAL atthe same level without considering the factors set forth inparagraph (b)(xv)(J)(lV)(2.)ofthis section; or (2.) The Division may set the PAL at a level that it determines to be more representative ofthe source's baseline actual emissions, orthat it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth inthe area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the Division in its writtenrationale. (3.) Notwithstandingparagraphs (b)(xv)(J)(lV)(1.) and (2.) ofthis section:

a. Ifthe potential to emit ofthe major stationary source is less than the PAL, the Division shall adjust the PAL to a level no greaterthanthe potential to emit ofthe source; and b. The Division shall not approve a renewed PAL level higherthan the currentPAL, unless the major stationary source has complied withthe provisions ofparagraph (b)(xv)(K) ofthis section (increasing a PAL). (V) Ifthe compliance date for a State ofWyoming or Federal requirementthat applies to the PAL source occurs during the PAL effective period, and ifthe Division has not already adjusted for suchrequirement, the PAL shall

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be adjusted at the time ofPAL permit renewal or Chapter 6, Section 3 operating permit renewal, whichever occurs first. (K) Increasing a PAL During the PAL Effective Period. (I) The Division may increase a PAL emission limitation only ifthe major stationary source complies with the provisions inparagraphs (b)(xv)(K)(I)(l.) through (4.) ofthis section. (1.) The owner or operator ofthe major stationary source shall submit a complete applicationto request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unites) contributingto the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL.(2.) As part ofthis application, the major stationary source owner or operator shall demonstrate thatthe sum ofthe baseline actual emissions ofthe small emissions units, plusthe sum ofthe baseline actual emissions ofthe significant and major emissions units assuming application ofBACT equivalent controls, plus the sum ofthe allowable emissions ofthe new or modified emissions unites), exceeds the PAL. The level ofcontrol that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis atthe time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAERrequirementthat was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level ofBACT or LAER with whichthat emissions unit must currently comply. (3.) The owner or operator obtains a Chapter 6, Section 4 permit for all emissions unites) identified in paragraph (b)(xv)(K)(I)(l.) ofthis section, regardless ofthe magnitude ofthe emissions increase resulting from them (that is, no significant levels apply). These emissions unites) shall comply with any emissions requirements resulting from the Chapter 6, Section 4 process (for example, BACT), even though they have also become subjectto the PAL or continue to be subject to the PAL. (4.) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emitthe PAL pollutant. (II) The Division shall calculate the new PAL as the sum ofthe allowable emissions for each modified ornew emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units (assuming application ofBACT equivalent controls as determined in accordance with paragraph

6-40Draft3-9-10 (b)(xv)(K)(I)(2.) ofthis section), plus the sum ofthe baseline actual emissions ofthe small emissions units. (III) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements ofparagraph (b)(xv)(E) of this section. (L) Monitoring Requirements for PALs. (I) General Requirements. (1.) Each PAL permit must contain enforceable requirements for the monitoring systemthat accurately determines plantwide emissions of the PAL pollutant in terms ofmass perunit oftime. Any monitoring system authorized for use in the PAL permit mustbe based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system mustmeet minimum legal requirements for admissibility in a judicialproceedingto enforce the PAL permit. (2.) The PAL monitoring system must employ one ormore ofthe four general monitoring approaches meeting the minimum requirements set forth in paragraphs (b)(xv)(L)(11)(1.) through (4.) ofthis section and must be approved by the Division. (3.) Notwithstanding paragraph (b)(xv)(L)(I)(2.) of this section, you may also employ an alternative monitoring approach that meets paragraph (b)(xv)(L)(I)(1.) ofthis section ifapproved by the Division. (4.) Failure to use a monitoring system that meets the requirements ofthis sectionrenders the PAL invalid. (II) Minimum Performance Requirements ForApproved Monitoring Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (b)(xv)(L)(III) through (IX) ofthis section: (1.) Mass balance calculations for activities using coatings or solvents; (2.) CEMS; (3.) CPMS or PEMS; and (4.) Emission factors.

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(III) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meetthe following requirements: (1.) Provide a demonstrated means ofvalidatingthe published content ofthe PAL pollutantthat is contained in or created by all materials used in or atthe emissions unit; (2.) Assume that the emissions unit emits all ofthe PAL pollutantthat is contained in or created by any raw material or fuel used in or at the emissions unit, ifit cannot otherwise be accounted for in the process; and (3.) Where the vendor ofa material or fuel, which is used in or at the emissions unit, publishes a range ofpollutant content from such material, the owner or operatormustuse the highest value ofthe range to calculate the PAL pollutant emissions unless the Division determines there is site-specific data or a site-specific monitoring program to support another content withinthe range. (IV) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements: (1.) CEMS must comply with applicable Performance Specifications found in 40 CFRpart 60, Appendix B; and (2.) CEMS must sample, analyze, andrecord data at least every 15 minutes while the emissions unit is operating. (V) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meetthe following requirements: (1.) The CPMS or the PEMS must be based on current site-specific data demonstrating a correlationbetweenthe monitoredparameter(s) and the PAL pollutant emissions across the range ofoperation ofthe emissions unit; and (2.) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Division, while the emissions unit is operating. (VI) Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:

6-42Draft3-9-10 (1.) All emission factors shall be adjusted, if appropriate, to account for the degree ofuncertainty orlimitations in the factors' development; (2.) The emissions unit shall operate within the designated range ofuse for the emission factor, ifapplicable; and (3.) Iftechnically practicable, the owner or operator ofa significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months ofPAL permit issuance, unless the Division determines that testing is notrequired. (VII) A source owneroroperator mustrecord and report maximumpotential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period oftime that there is no monitoring data, unless another method for determining emissions during suchperiods is specified in the PAL permit. (VIII) Notwithstanding the requirements inparagraphs (b)(xv)(L)(III) through (VIII) ofthis section, where an owner or operator ofan emissions unit cannot demonstrate a correlationbetweenthe monitored parameter(s) and the PAL pollutant emissions rate at all operating points ofthe emissions unit, the Division shall, at the time ofpermit issuance: (1.) Establish default value(s) for determining compliance with the PAL based onthe highest potential emissions reasonably estimated at such operating pointes); or (2.) Determine that operation ofthe emissions unit during operating conditions whenthere is no correlationbetween monitored parameter(s) and the PAL pollutant emissions is a violation ofthe PAL. (IX) Re-validation. All data used to establishthe PAL pollutant must be re-validated through performance testing orother scientifically valid means approved by the Division. Suchtesting must occur at least once every 5 years after issuance ofthe PAL. (M) Recordkeeping Requirements. (I) The PAL permit shall require an owneroroperatorto retain a copy ofall records necessary to determine compliance with any requirement of paragraph (b)(xv) ofthis section and ofthe PAL, including a determination ofeach emissions unit's 12-monthrolling total emissions, for 5 years from the date ofsuch record.

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(II) The PAL permit shall require an owner or operator to retain a copy ofthe following records, for the duration ofthe PAL effective periodplus 5 years: (I.) A copy ofthe PAL permit application and any applications for revisions to the PAL; and (2.) Each annual certification ofcompliance pursuantto Chapter 6, Section 3 and the data relied on in certifying the compliance. (N) Reporting andNotification Requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Division in accordance with the applicable Chapter 6, Section 3 operatingpermit program. The reports shall meetthe requirements in paragraphs (b)(xv)(N)(I) through (III) ofthis section. (I) Semi-annual Report. The semi-annual report shall be submitted to the Divisionwithin 30 days ofthe end ofeachreporting period. This report shall containthe information required inparagraphs (b)(xv)(N)(I)(l.) through (7.) ofthis section. (1.) The identification ofowner and operator and the permit number. (2.) Total annual emissions (tons/year) based on a 12-monthrolling total for each month in the reporting period recorded pursuantto paragraph (b)(xv)(M)(I) ofthis section. (3.) All datarelied upon, including, butnot limited to, any Quality Assurance or Quality Control data, in calculatingthe monthly and annual PAL pollutant emissions. (4.) A list ofany emissions units modified or added to the major stationary source during the preceding 6-monthperiod. (5.) The number, duration, and cause ofany deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. (6.) A notification ofa shutdown ofany monitoring system, whetherthe shutdown was permanent ortemporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational orreplaced with another monitoring system, and whether the emissions unit monitored bythe monitoring system continuedto operate, and the calculation ofthe emissions ofthe pollutant orthe

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number determined by method included in the permit, as provided by paragraph (b)(xv)(L)(VII) ofthis section. (7.) A signed statementby the responsible official (as defined by the applicable Chapter 6, Section 3 operating permitprogram) certifying the truth, accuracy, and completeness ofthe information provided in the report. (II) Deviation Report. The major stationary source owner or operator shall promptly submitreports ofany deviations or exceedance ofthe PAL requirements, including periods where no monitoring is available. A report submitted pursuant to Chapter 6, Section 3(h)(i)(C)(III)(2.) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by Chapter 6, Section 3(h)(i)(C)(III)(2.). The reports shall contain the following information: (1.) The identification ofowner and operator and the permit number; (2.) The PAL requirementthat experienced the deviation orthat was exceeded; (3.) Emissions resulting from the deviation orthe exceedance;and (4.) A signed statement by the responsible official (as defined by the applicable Chapter 6, Section 3 operating permitprogram) certifying the truth, accuracy, and completeness ofthe information provided in the report. (III) Re-validation Results. The owner oroperator shall submit to the Division the results ofany re-validation test or method within three months after completion ofsuchtest or method. (0) Transition Requirements. (1) The Division shall not issue a PAL that does not comply with the requirements in paragraphs (b)(xv)(A) through (0) ofthis section after the Administrator has approved regulations incorporating these requirements into Chapter 6, Section 4. (II) The Division may supersede any PAL which was established prior to the date ofapproval ofthis regulation by the Administrator ofEPA with a PAL that complies with the requirements ofparagraphs (b)(xv)(A) through (0) of this section.

6-45Draft 3-9-10 (xvi) Ifany provision ofthis section, orthe application ofsuch provision to any person or circumstance, is held invalid, the remainder ofthis section, orthe application ofsuch provision to persons or circumstances otherthan those as to which it is held invalid, shall not be affected thereby. (xvii) Transition: (A) The requirements for BACTin Chapter 6, Section 4(b)(ii) and the requirements for air quality analysis in Chapter 6, Section 4(b)(i) shall not apply to a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner or operator ofthe source submitted an application for a permit under these regulations before August 7, 1980, and the Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirements ofChapter 6, Section4 as in effect on January 25, 1979, apply to any such source or modification. (B) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was subject to Chapter 6, Section 4, as effective on January 25,1979, ifthe owner or operator ofthe source or modification submits an application for a permit under these regulations on or before June 8, 1981, and the Administrator subsequently determines that the application submitted before that date was complete with respect to the requirements for ambient air quality data analyses as in effect on January 25, 1979. Instead, the latter requirements shall apply to such source ormodification. (C) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was not subject to Chapter 6, Section 4, as effective on January 25, 1979, ifthe owner oroperator ofthe source ormodification submits an application for a permit under these regulations before June 8, 1981, and the Administrator subsequently determines that the application as submitted before that date was complete except with respect to the requirements in paragraph (b)(i)(F). (D) The requirements for air quality monitoring for PMIO in paragraphs (b)(i)(E)(I) through (IV) ofthis section, effective February 13, 1989, shall not apply to a particular source or modification, ifthe owner or operator ofthe source or modification submits an application for a permit under Chapter 6, Section 4 on orbefore June 1, 1988 and the Administrator subsequently determines that the application submitted before that date was complete, except with respect to the requirements for monitoring particulate matter. (E) The requirements for air quality monitoring ofPMIO in paragraphs (b)(i)(E)(IV) through (b)(i)(E)(V) ofthis section, effective February 13, 1989, shall apply to a particular source or modification if the owner or operator ofthe source or

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modification submits an application for a permit underthis section after June 1, 1988 and no laterthan December 1, 1988. The data shall have been gathered overat least the period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth underparagraph (b)(xvii)(G) ofthis section, exceptthat the Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over that shorterperiod of time. (F) For any application under this section thatbecomes complete except as to the requirements ofparagraphs (b)(i)(E)(III) and (b)(i)(E)(IV) pertaining to PMIO, after December 1, 1988 and no laterthan August 1, 1989, the data that paragraph (b)(i)(E)(III) requires will have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwise complete. The Administrator may provide that the monitoring period specification may be reduced to a minimum offour months ifhe is satisfied that a complete and adequate analysis canbe accomplished with monitoring data gathered overthat shorterperiod oftime. (G) With respect to any requirements for air quality monitoring of PMIO specified under paragraphs (b)(xvii)(D) and (b)(xvii)(E) ofthis section, effective February 13, 1989, the owner or operator ofthe source ormodification shall use a monitoring method approved by the Administrator and shall estimate the ambient concentrations ofPMIO using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Administrator. (H) The requirement to demonstrate compliance with the maximum allowable increment for nitrogen dioxide shall not apply to a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective on February 8, 1988, ifthe owner or operator ofthe source or modification submits an application for a permit under these regulations on orbefore October 30, 1990 and the Administrator subsequently determines that the application submitted before that date was complete. (I) The requirement to demonstrate compliance with the maximum allowable increment for PMIO shall not apply to a major stationary source ormajor modification that was subject to Chapter 6, Section 4, as effective on June 3, 1993, ifthe owner or operator ofthe source or modification submits an application for a permitunder these regulations on orbefore the effective date ofthis regulation revision and the Administrator subsequently determines thatthe application submitted before that date was complete. Instead, the requirement to demonstrate compliance with the maximum allowable increment for TSP, as in effect at the time the application was submitted, shall apply:

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Maximum Allowable Increments ofDeterioration

- Jlg/m3
Pollutant Class I Class II Particulate Matter: TSP, Annual geometric mean 

### 5 19 TSP, 24-hour maximum* 10 37 *Maximum allowable increment may be exceeded once per year at any receptor site. (c) All national parks, national wilderness areas, and national memorial parks in Wyoming as ofJanuary 25, 1979, shall be designated Class I and may not be redesignated. All other areas ofthe State ofWyoming shall be designated Class II as of the effective date ofthis regulation. (d) Redesignation. All redesignation ofareas within the State ofWyoming shall be accomplished through the process ofestablishment ofStandards and Regulations set forth in the Wyoming Environmental Quality Act. (i) The following areas may be redesignated only as Class I or Class II Areas: (A) An area which exceeds 10,000 acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore, and (B) A national park or national wilderness area which exceeds 10,000 acres in size and is established after the effective date ofthis regulation. (ii) Except as provided inparagraph (c) above, any area may be redesignated as Class I or II, withthe approval ofthe Administrator ofthe Environmental Protection Agency, in accordance withthe provisions ofparagraph (iii) below; provided, however, that lands within the exterior boundaries ofreservations offederally recognized Indiantribes may be redesignated to any class, but only by the appropriate Indian governing body. (iii) (A) At least one public hearing must be held in accordance with the provisions for adoption ofregulations as set forth in the Administrative Procedures Act and the Wyoming Environmental Quality Act. (B) At least 30 days prior to the public hearing, a description and analysis ofthe health, environmental, economic, social and energy effects ofthe proposed redesignation shall be prepared and made available for public inspection. Any person petitioning the Department or Council to redesignate an area shall be responsible for

6-48Draft3-9-10 preparing or submitting such description and analysis. Such persons shall also be responsible for revising this required documentation to the extent necessary to satisfy the Administrator ofthe U.S. EPA. The notice ofthe public hearing shall contain appropriate notification ofthe availability ofthe description and analysis ofthe proposed redesignation. (C) Agencies from neighboring states, Indian governing bodies, Federal Land Managers, and local governments whose land may be affected by the proposed redesignation shall be notified at least 30 days prior to the hearing. (D) Priorto proposing a redesignation, the Division and the Air Quality Advisory Board shall consult with the elected leadership oflocal and other substate general purpose governments in the area covered by the redesignation. (E) Prior to public notice ofthe proposed redesignation the Division shall provide written notice to any Federal Land Manager who may be responsible for any federal lands within the area proposed for such redesignation and shall afford adequate opportunity (but not in excess of60 days) to confer with the State respecting the intended notice ofdesignation. The Federal Land Manager shall be offered the opportunity to submit written comments and recommendations with respectto such intended notice ofredesignation. In redesignating any area with respect to which the federal land manager has submitted written comments and recommendations, the Division will publish a list ofany inconsistencybetween such redesignation and such recommendation with an explanation ofsuch inconsistency (together with the reasons for making such redesignation againstthe recommendation ofthe Federal Land Manager). (F) The Council shall review and examine the description and analysis prepared pursuantto subparagraph (iii)(B) above prior to any redesignation. (iv) (A) Ifan area has been proposed for redesignation to a more stringent class, no permitto construct may be granted to a source which may cause an impact in the areaproposed for redesignation and for which an application to constructis received by the Division afterthe filing ofthe petition for redesignation with the Environmental Quality Council until the proposedredesignation has been acted upon; however, approval may be granted if, in the Administrator'sjudgment, the proposed source would not violate the applicable increments ofthe proposedredesignation. Such approval shall be withheld only so long as in the Administrator'sjudgment, the petitioner is expeditiouslyproceeding toward development ofthe "description and analysis" required under (iii)(B) above, and provided that such "description and analysis" is complete and submitted to the Council for action on the petition within 18 months ofthe filing ofthe initial petition. Upon good cause shown, the Council may extend the foregoing deadline.

6-49Draft3-9-10 (B) Where an application for a pennitto construct a source has been received by the Divisionprior to the receipt bythe Council ofa petition for redesignation ofan areato a more stringent class and where such source may cause an impact in the areaproposed for redesignation, the pennit application shall be processed considering the classification ofan area which existed at the time ofpennit application. For purposes ofestablishing a priority date under this Chapter 6, Section 4(d)(vi)(B), (1) suchpennit application is not required to meet the provisions for completeness in Chapter 6, Section 2, and (2) the time frames in Chapter 6, Section 2(g) for action on applications shall not apply. However, a priority date established under Chapter 6, Section 4(d)(vi)(B), shall remain in effect only so long as in the Administrator'sjudgment, the applicant is expeditiously proceedingtoward the development and submittal ofsuch other infonnation and data as required to make the application complete under the provisions ofChapter 6, Section 2, and providedthat such other infonnation and data is submitted to, andjudgedto be complete by the Administrator within 18 months ofthe filing ofthe initial pennit application. Upon good cause shown, the Administrator may extend the foregoing deadline. Section 

### 13.

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