Department of Environmental Quality 

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

environment for the benefit of current and future generations. 

Matthew H. Mead, Governor 

November 6, 2015 

Mr. Shaun McGrath 

Regional Administrator 

USEP A Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Todd Parfitt, Director 

RE: State Implementation Plan Approval Request - Chapter 2, Ambient Standards, 

Section 2, Ambient standards for particulate matter, and Section 12, Incorporation 

by reference (R-25) 

Dear Mr. McGrath: 

On September 9, 2015, the Environmental Quality Council of the Wyoming Department 

of Environmental Quality conducted a public hearing pursuant to 40 CFR 51.102 to consider the 

adoption of revisions and additions to the Wyoming Air Quality Standards and Regulations 

(W AQSR). Revisions affecting the State Implementation Plan (SIP) involve Chapter 2, 

Permitting Requirements, Section 2, Ambient standards for particulate matter, and Section 12, 

Incorporation by reference. The State is requesting a SIP revision to Section 2 and an update to 

adopt by reference to Section 12. 

Chapter 2, Section 2, Ambient standards for particulate matter, establishes standards of ambient 

air quality for particulate matter as necessary to protect public health and welfare. In this 

revision, the AQD has updated the primary ambient air quality standards for PM2.s to reflect 

federal updates that went into effect in January 2013. The updated primary PM2.s standard is 12 

micrograms per cubic meter (μg/m3

) annual arithmetic mean concentration, which is lowered 

from its previous level of 15 μg/m3. 

In addition to the revision to Section 2 of Chapter 2, the State is also asking to update Section 12, 

Incorporation by reference, to adopt by reference from the July 1, 2014 Code of Federal 

Regulations. The State previously submitted SIP revisions for Chapter 2, Section 12 on January 

30, 2013 that allowed adoption by reference of federal regulations that came after July 1, 2011. 

This action requests an update to those revisions. 

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

Environmental Quality Council approved the proposed revisions on September 9, 2015. 

Pursuant to the Wyoming Administrative Procedures Act, the revisions were forwarded to the 

Governor's Office for approval and then transmitted to the Secretary of State's Office and 

became effective on October 13, 2015. 

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

ADMIN/OUTREACH ABANDONED MINES AIR QUALITY INDUSTRIAL SITING LANO 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 
Mr. Shaun McGrath 

November 6, 2015 

Page 2 

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

submitting one electronic copy (in .PDF format) of the revisions to the State Implementation 

Plan. 

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

attached for your review: 

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

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

Governor and Director of the Department of Enviromnental Quality, documents the 

necessary legal authority under State law to adopt and implement the revised 

regulations and also provides evidence, along with the attachments listed below, that 

Wyoming followed all of the procedural requirements of the State's laws and 

constitution in conducting and completing the adoption of the plan. The rules became 

effective October 13, 2015. 

2. A June 10, 2015 memorandum from Todd Parfitt, Director of the Department of 

Environmental Quality, to the Governor's Office requesting approval to proceed with 

the rulemaking. 

3. A September 22, 2015 review from the Legislative Service Office, finding the revised 

regulations within the scope of intent of legislative authority. 

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

list of newspapers and dates of publication. 

5. A copy of the Statement of Principal Reasons that was adopted with the rules. 

6. A copy of the summary of comments and responses. 

7. A list of signatures of witnesses present at the September 9, 2015 hearing, as well as a 

copy of the agenda. 

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

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

With this submission I am asking for Envirom11ental Protection Agency approval of the 

revised State Implementation Plan for the State of Wyoming to include the revisions of Chapter 

2, Ambient Standards, Section 2, Ambient standards for particulate matter, and Section 12, 

Incorporation by reference, of the Wyoming Air Quality Standards and Regulations as revised on 

October 13, 2015. 
Mr. Shaun McGrath 

November 6, 2015 

Page 3 

If you have any questions regarding this submittal, please feel free to contact Cole 

Anderson, Air Quality Interim Administrator, at 307-777-7391. 

Sincerely, 

~ 

Todd Parfitt 

Director 

Enclosures 

cc: Cole Anderson, Interim Administrator, Air Quality Division w/o enc. 

Amber Potts, Air Quality Division w/enc. 

Carl Daly, EPA Region 8 w/o enc. 
Certification Page 

Regular and Emergency Rules 

Revised May 2014 

D Emergency Rules (After completing all of Sections 1 and 2. proceed to Section 5 below) 

IPJ~©fg~'W'~[Q) 

SEP 1 B 2015 

W i :. ;,, :~ ki AT G~iNEY 

GENERAL OFFICE, WNR 

0 Regular Rules 

"~ "'--"'"'"'!>c·"f'Fti """" "' "''-";~;~i:'.~~~~ ~~'iilf""'.' .,. "!l'.'-~~~~~ ",;~,~ .• ..,. ·" --·~$ft.;;"r•<l'?' :~.~~~.~~]Ft:~"':;::<r" _.,,,.,. ~=1 '~ ~~v "'" ~ ·=·· enera t n orma 1on.~~*t'\~~ ~ ~~ :~ ;;~ >:-~-~- -·~·:Jf.;~· .... ·:~· ~~·~~;·;=r::·:;~~-?>:-L .. ~:> · ... rl _'.~ . ~~~ ~ .. :;:;-~~~4.,.~~~·;ri~~~\.·;_~~~/;,"" -:~~:.~ ~ ... ~~;. 

a. Agency/Board Name 

Department of Environmental Quality 

b. Agency/Board Address c. City I d. Zip Code 

122 W. 25th Street, Herschler Building 2-E Cheyenne 82002 

e. Name of Contact Person f. Contact Telephone Number 

Mike Morris 307-777-2068 

g. Contact Email Address I h. Adoption Date 

michael.morris1@wyo.gov September 9, 2015 

i. Program 

Air Quality 

i2 ~uTe 1i rre nlHh1ofm'iftlCJHt~eit.e- cilfri~fi rr~~~ITnci f:j&~ 111~ ~i 1':1 @~ ~i ~~i:"'iffi8~P. a1&i . -~, ~:~r@.~~;;g:t;lt~.:~:,... .. F·\,~~~ "'..,:~~.:;. ~. ~:.;: \ 1 

~.,_.,. _ "··- ·~~-- '~--...!>"""-~- ... -V-:::-"'f . .-_,%'. ·=-~- ~- • .-~.·- •• ~. ~--·-,..:;,._. ~"~· -~ --t-~-· ·.!..-<t·. •h ..... _.~ ~> --""" .,..,..,.~ _ . ...... . <.:-. 

If "New,' provide the Enrolled Act numbers and years enacted: 

c. Provide the Chapter Number, Short Title, and Rule Type of Each Chapter being Created/Amended/Repealed 

(Please use the Additional Rule Information form for more than 10 chapters, and attach it to this certification) 

Chapter Number: Chapter Name: DNew 0 Amended D Repealed 

2 Ambient Standards 

Chapter Number: Chapter Name: DNew 0Amended D Repealed 

6 Permitting Requirements 

Chapter Number: Chapter Name: DNew D Amended 0 Repealed 

Chapter Number: Chapter Name: ONew OAmended D Repealed 

Chapter Number: Chapter Name: DNew OAmended D Repealed 

Chapter Number: Chapter Name: DNew D Amended D Repealed 

-·· Chapter Number: Chapter Name: ONew DAmended D Repealed 

Chapter Number: Chapter Name: DNew D Amended D Repealed 

Chapter Number: Chapter Name: DNew DAmended D Repealed 

-

·--. Chapter Number: Chapter Name: DNew 0 Amended D Repealed 

-· 

d. 0 The Statement of Reasons is attached to this certification. 

' If ''1' 'D m' cr qu "'I'"."'''"'" of th'5• '"'" ,,.,,, prnWdiog ""STATE'O'F' ~~MING l 0 . Office of the Secretary } 

OrCT , 3 201~ .:::/ Filed ~"o i::; da ! :, ~ 

SEC RcJ/~,i'rM~G STATE Doc ID# qq<{'-/- 99'/S 

E~ward F. Murray Ill ,.., ,,...,:._ I-·-·-•-
a. Date on which t~e Notice of Intent containing all of the information required by 

W.S. 16-3-103(a) was filed with the Secretary of State: . 

b. Date on which the Notice of Intent and proposed rules in strike and underscore 

format and a clean copy were provided to the Legislative Service Office: 

c. Date on which the Notice of Intent and proposed rules in strike and underscore 

format and a clean copy were provided to the Attorney General: 

July 14, 2015 

July 14, 2015 

July 14, 2015 

a. Notice was mailed 45 days in advance to all persons who made a timely request for advance notice. 

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

City: 

Buffalo @~ lf"Yes:· Date: 

September 9, Time: 

9:00 A.M. 

Location: 

Community Building 

2015 MST 18 Fairgrounds Road 

a. Date on which the Certification Page with original signatures and final rules were sent to the 

Attorney General's Office for the Governor's signature: 

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

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

September 17, 2015 

September 17, 2015 

September 17, 2015 -;:-:-=,--~--="'""'.,.,.;:::"""-;"7.:"=:'.:.,.;;-:,_,,,.--;-;:;;::;;,:=::=-:~ -:.7=-~C.:-,o:;-;~G7;:,-;:-=:-~ 

I have reviewed these rules and determined that they: 

1. Are within the scope of the statutory authority delegated to the adopting agency; 

2. Appear to be within the scope of the legislative purpose of the statutory authority; and, if emergency rules, 

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

'. i.• I , . .. .. Attorney G neral: 1. Staft!'niefa of Reasons; 2. Original Certification Page; 3. Summary of Comments (regular rules); 4. Hard copy of rules: clean and 

strike/underscore; and 5. Mem?ito ~overnpr c!ocumentlng emergency {for emergency rules only). 

'" 

LSD: 1. Statement of' Reasons;·2. Coj:iy of ce rti fi c~ ti ~ ~a . Summary of Comments {regular rules); 4. Hard copy of rules: clean and strike/underscore; 5. Electronic 

copy of rules {PDF.s) emailed to.Criss.Carlson@w\fo lEtJ.gov: lean and strike/underscore; and 6. Memo to Governor documenting emergency (for emergency rules 

only). !!! 11.r :_ ~ .• 1 :1 :'. ~; ,.:: 

... : ::. ...; ·._, ~: 1 ;:; 

SOS: l : PDF of clean copy of rules; and 2. Hard copy of Certification Page as delivered by the AG. 

2 
Department of Environmental Quality 

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

environment for the benefit of current and future generations. 

Matthew H. Mead, Governor Todd Parfitt, Director 

To: 

From: 

Honorable Matthew H. Mead, Governor ~ 

Todd Parfitt, Director, Department of Environmental Quali \';\\< Subject: Proposed Rules for Chapters 2 and 6 (R-25) 

Date: 

Priority: 

Summary: 

Department of Environmental Quality, Air Quality Division 

June 10, 2015 

HIGH - Deadline for response is June 23, 2015 

Notice of Agency Rulemaking 

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

Standards and Regulations (W AQSR) listed above. The following is a brief summary of the 

proposed rule changes: 

• Annual updates to Incorporation by Reference (IBR) sections to be adopted by reference 

from the 2014 Code of Federal Regulations (CFR). If the State does not adopt the most 

recent versions of these sections by reference, the rule still applies at the federal level. 

Adopting these national standards into the State rules allows for State implementation of 

the rules. 

• Updates to Chapter 2, Section 2, Ambient standards for particulate matter, to include the 

2012 PM2.s National Ambient Air Quality Standards (NAAQS). 

• Updates to Chapter 6, Section 13, Nonattainment new source review permit requirements, 

to include specific nonattainrnent new source review permitting requirements for new and 

modified major stationary sources in a nonattainment area. 

o Section 13 revisions address Clean Air Act (CAA) requirements for areas 

designated as nonattainrnent for a NAAQS. 

o The requirements are designed to help attain and maintain compliance with the 

national standards. 

o These updates are derived largely from federal regulatory language - federal 

requirements in 40 CFR 51.165 - but they include language that accounts for 

Wyoming's specific regulatory needs and maintains consistency with existing 

state permitting programs (specifically W AQSR Chapter 6, Section 2, Permit 

requirements for construction, modification, and operation, and Chapter 6, 

Section 4, Prevention of significant deterioration). 

The proposed revisions can be seen in the attached draft rules. Specific information on the 

changes can be found in the Statement of Principal Reasons (SOPR). Chapter 2, Sections 2 

and 12, and Chapter 6, Sections 13 and 14, involve changes to the State Implementation Plan 

(SIP). 

The Wyoming Air Quality Advisory Board met in Cheyenne, Wyoming on April 28, 2015, 

and recommended that these rules proceed to formal rulemaking before Environmental 

Quality Council (EQC). 

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

ADMIN/OUTRCACH ABANDONED MINCS AIR QUALITY IN DUSTRIAL SITING LAND QUALITY SOU & HAZ WAST[ WATER QUALITY 

(307) 77 7-7758 (307) 777 ·6145 (307) 77 7-7391 (307) 777-7369 (307) 777-7756 (307) 777 775'.! (307) 777778 1 

r /\'x' 77 7 Jh R:I J='Alt 777 h .dh:..i r= A Y 7 TJ .'\&;1h r: 11.v 777 C.071 r:,\ y 7.C..~ A r:/\V -,-77 1:;07'1 C' AV 777 t:0-1'1 
Agency Contact Name: 

Agency Contact Phone: 

Agency Contact Email: 

Jeni Cederle 

307-777-7740 

jeni.cederle@wvo.gov 

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

/ Agency may proceed. 

_____ Delay public comment and set up meeting with 

/ Signature: Governor's Counsel 

ff no response has been received by the 1 O'h working day, the agency will proceed with these 

rules. 
WYOMING LEGISLATIVE SERVICE OFFICE 

Memorandum 

September 22, 2015 

TO: Department of Environmental Quality 

FROM: Legislative Service Office 

RE: Administrative Rule Review 

Attached is a copy for your files of the rule review the Legislative Service Office 

has written for rules you recently adopted. The review is sent to the Management 

Council of the Legislature for their review and consideration. 

2 13 State Capitol • Cheyenne, Wyoming 82002 

T ELEPHONE 307-777-788 1 • FAX 307-777-5466 .EMAILlso@wyoleg.gov . WEBSITEwww.wyoleg.gov 
Administrative Rule Review - ARRI 5-046 

Legislative Service Office 

September 22, 2015 

AGENCY 

DATE SUBMITTED: 

SUBJECT: 

NATURE OF RULES: 

STATUTORY AUTHORITY: 

Department of Environmental Quality 

September 17, 2015 

Chapter 2 - Ambient Standards; Chapter 6 - Permitting 

Requirements 

Legislative and procedural. 

W.S. 35-l l-l 12(a)(i) and 35-11-202. 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION 

SUBMITTED BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO LSO: Apparently 

complete to date. 

SUMMARY OF RULES: These rules amend the Wyoming Air Quality Standards and Regulations. 

Chapter 2, Ambient Standards, is amended to include the updated primary ambient air quality standards 

for PM2.

5 particulate matter (particles with an aerodynamic diameter less than or equal to a nominal 2.5 

micrometers) as of July 1, 2014. Chapter 6, Permitting Requirements, is amended to establish specific 

permit requirements for new major stationary sources or major modifications to existing major stationary 

sources located in areas of the State which are designated as nonattainment under the federal Clean Air 

Act. Previously, the rules adopted by reference requirements for permits in nonattainment areas 

contained in the Code of Federal Regulations. 

In addition, chapters 2 and 6 are amended to comply with the Wyoming Administrative Procedures Act 

requirements for incorporation by reference and to include all amendments made to incorporated Code of 

Federal Regulations on or before July 1, 2014. Changes to both chapters involve changes to Wyoming's 

Clean Air Act State Implementation Plan. 

FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent. 

Compliance with federal law has not been determined. The Environmental Protection Agency's 

preliminary review of the rules found "no approvability issues" with the amendments to Chapter 6 

nonattainment pennit requirements. 

STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved by the 

Council as submitted by the agency. 

Anna Mumford 

Staff Attorney 

Matthew D. Obrecht 

Staff Attorney 
The Wyoming Department of Environmental Quality

The Environmental Quality Council (EQC) will consider proposed changes to the Wyoming Air Quality Standards 

and Regulations (WAQSR) brought forth by the Wyoming Department of Environmental Quality (WDEQ) Air 

Quality Division (AQD) at a public hearing to be held at 9:00 a.m. on September 9, 2015, at the Community Building, 

18 Fairgrounds Road, Buffalo, Wyoming. 

The AQD will present the proposed rulemaking to the EQC. The proposed rulemaking will involve revising WAQSR 

Chapter 2, Sections 2 and 12, along with Chapter 6, Sections 13 and 14. Chapter 2, Ambient Standards, Section 2, 

Ambient standards for particulate matter, will be updated to include the latest PM2.5 National Ambient Air Quality 

Standards (NAAQS). Section 12, Incorporation by reference, is being updated to adopt by reference from the Code 

of Federal Regulations (CFR) for July 1, 2014. Chapter 6, Permitting Requirements, Section 13, Nonattainment new 

source review permit requirements, will be updated to include specific nonattainment new source review permit 

requirements. Section 14, Incorporation by reference, is being updated to adopt by reference from the CFR for July 

1, 2014. Chapter 2, Section 2, and Chapter 6, Section 13, involve changes to the State Implementation Plan (SIP). 

The AQD will submit these SIP changes to the Environmental Protection Agency (EPA). Copies of the public notice, 

Notice of Intent to Adopt Rules, and the proposed rules are available for public inspection at the Department of 

Environmental Quality, Air Quality Division, Herschler Building, 2nd Floor, 122 W. 25th Street, Cheyenne, Wyoming. 

Electronic copies are available at http://deq.wyoming.gov/aqd/rule-development/resources/proposed-rules-andregulations/ and the EQC website stated below. If you have questions regarding the proposed rules, contact Jeni 

Cederle, Air Quality Division, at 307-777-7740.

The notice for submitting written comments on the WDEQ/AQD proposed revisions was first published on July 14, 

2015. In order for the AQD to file the response to comments, written comments should be received no later than 5:00 

p.m. (MST) on August 31, 2015. Written comments should be submitted to: Administrator, WDEQ/AQD, Herschler 

Building 2-E, 122 W. 25th Street, Cheyenne, Wyoming, 82002, or faxed to 307-777-5616. Email comments will not 

be considered. The AQD will file an Analysis of Comments prior to the September 9, 2015 public hearing. The entire 

record and the comments submitted during the comment period can be viewed at the EQC website: 

https://eqc.wyo.gov/Public/Dockets.aspx under the link titled “15-2102.” 

The EQC has scheduled a public hearing on September 9, 2015. The EQC will consider the proposed rules, written 

comments, and the response to comments along with any modifications proposed by the AQD to the draft rules. At 

the public hearing, oral statements that focus on the written comments, the AQD’s analysis of comments and issues 

raised by the analysis will be accepted. The EQC will determine if the record will remain open beyond the close of 

the scheduled hearing. If the comment period is extended, the extension will be posted on the Air Quality website as 

well as the above-stated website for the EQC. The EQC, however, may close the record and make a final decision 

regarding the rules at the conclusion of the hearing. Those who wish to comment on the proposed revisions should 

submit comments according to the schedule above.

Any person wishing to use a digital presentation during their testimony before the EQC must provide a digital copy 

to the EQC no less than 3 days prior to the hearing unless you contact the EQC and request an extension for good 

cause. Failure to submit a digital copy in a timely manner will result in the person not being allowed to use the 

presentation during their testimony.

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

available upon request for individuals with disabilities.
Environmental Quality Council Meeting

September 9, 2015--Public Notice

Newspaper Date of Publication

Casper Star Tribune July 14, 2015

Wyoming Tribune-Eagle July 14, 2015

The Sheridan Press July 14, 2015

The Rocket-Miner July 14, 2015
The Wyoming Department of Environmental Quality 

The Environmental Quality Council (EQC) will consider proposed changes to the Wyoming Air Quality Standards 

:md Regulations (WAQSR) brought forth by the Wyoming Department of Environmental Quality (WDEQ) Air 

~uality Division (AQD) at a public hearing to be held at 9:00 a.m. on September 9, 2015, at the Community Building, 

18 Fairgrounds Road, Buffalo, Wyoming. 

fhe AQD will present the proposed rulemaking to the EQC. The proposed rulemaking will involve revising WAQSR 

::::hapter 2, Sections 2 and 12, along with Chapter 6, Sections 13 and 14. Chapter 2, Ambient Standards, Section 2,_ 

o\mbient standards for particulate matter, will be updated to include the latest PM2.s National Ambient Air Quality 

)tandards (NAAQS). Section 12, Incorporation by reference, is being updated to adopt by reference from the Code of 

:<"ederal Regulations (CFR) for July l, 2014. Chapter 6, Permitting Requirements, Section 13, Nonattainment new source 

·eview permit requirements, will be updated to include specific nonattainment new source review permit requirements. 

)ection 14, Incorporation by reference, is being updated to adopt by reference from the CFR for July 1, 2014. Chapter 

~. Section 2, and Chapter 6, Section 13, involve changes to the State Implementation Plan (SIP). The AQD will submit 

hese SIP changes to the Environmental Protection Agency (EPA). Copies of the public notice, Notice of Intent to 

\dopt Rules, and the proposed rules are available for public inspection at the Department of Environmental Quality, 

\ir Quality Division, Herschler Building, 2"d Floor, 122 W. 25'h Street, Cheyenne, Wyoming. Electronic copies are 

lVailable at http://deq.wyoming.gov/aqd/rule-development/resources/proposed-rules-and-regulations/ and the EQC 

ivebsite stated below. If you have questions regarding the proposed rules, contact Jeni Cederle, Air Quality Division, at 

107-777-7740. 

fhe notice for submitting written comments on the WDEQ/AQD proposed revisions was first published on July 

.4, 2015. In order for the AQD to file the response to comments, written comments should be received no later 

han 5:00 p.m. (MST) on August 31, 2015. Written comments should be submitted to: Administrator, WDEQ/ 

\QD, Herschler Building 2-E, 122 W 25'h Street, Cheyenne, Wyoming, 82002, or faxed to 307-777-5616. Email 

:omments will not be considered. The AQD will file an Analysis of Comments prior to the September 9, 2015 

mblic hearing. The entire record and the comments submitted during the comment period can be viewed at the 

'<:QC website: https://eqc.wyo. gov/Public/Dockets.aspx under the link titled "15-2102." 

fhe EQC has schequled a public hearing on September 9, 2015. The EQC will consider the proposed rules, written 

:omments, and the response to comments along with any modifications proposed by the AQD to the draft rules. At 

he public hearing, oral statements that focus on the written comments, the AQD's analysis of comments and issues 

aised by the analysis will be accepted. The EQC will determine if the record will remain open beyond the close of the 

cheduled hearing. If the comment period is extended, the extension will be posted on the Air Quality website as well as 

he above-stated website for the EQC. The EQC, however, may close the record and make a final decision regarding the 

ules at the conclusion of the hearing. Those who wish to comment on the proposed revisions should submit comments 

iccording to the schedule above. 

\.ny person wishing to use a digital presentation during their testimony before the EQC must provide a digital copy to 

he EQC no less than 3 days prior to the hearing unless you contact the EQC and request an extension for good cause. 

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

luring their testimony. 

Star iTribune 

-----Wyoming's News Source 

P.O. Box 80 • Casper, WY 82602-0080 • (307) 266-0500 

AFFIDAVIT OF PUBLICATION 

STATE OF WYOMING ) 

COUNTY OF NATRONA) 

I, the undersigned, being a person in the employ of 

the Casper Star-Tribune, a newspaper published 

in CASPER, NATRONA COUNTY, WYOMING, and 

knowing the facts herein set forth do so solemnly swear 

that a copy of the notice as per clipping attached was 

printed and published 

~ weekly 

in the regular and entire issue of said newspaper, and 

not in any supplement thereof, 

for 

I consecutive § weeks 

commencing with issue dated 

I 

11 . .;(()/5 

ending with issue dated 

Signed 

Subscribed in my presence and sworn to before me 

this 
The Wyoming Department of Environmental Quality 

The Environmental Quality Council (EQC) will consider proposed changes to the Wyoming Air Quality Standards 

and Regulations (WAQSR) brought forth by the Wyoming Department of Environmental Quality (WDEQ) Air 

Quality Division (AQD) at a public hearing to be held at 9:00 a.m. on September 9, 2015, at the Community Building, 

18 Fairgrounds Road, Buffalo, Wyoming. 

The AQD will present the proposed rulemaking to the EQC. The proposed rulemaking will involve revising WAQSR 

Chapter 2, Sections 2 and 12, along with Chapter 6, Sections 13 and 14. Chapter 2, Ambient Standards, Section 2,, 

Ambient standards for particulate matter, will be updated to include the latest PM2.s National Ambient Air Quality 

Standards (NAAQS). Section 12, Incorporation by reference, is being updated to adopt by reference from the Code of 

Federal Regulations (CFR) for July 1, 2014. Chapter 6, Permitting Requirements, Section 13, Nonattainment new source 

review permit requirements, will be updated to include specific nonattainment new source review permit requirements. 

Section 14, Incorporation by reference, is being updated to adopt by reference from the CFR for July l , 2014. Chapter 

2, Section 2, and Chapter 6, Section 13, involve changes to the State Implementation Plan (SIP). The AQD will submit 

these SIP changes to the Environmental Protection Agency (EPA). Copies of the public notice, Notice of Intent to 

Adopt Rules, and the proposed rules are available for public inspection at the Department of Environmental Quality, 

Air Quality Division, Herschler Building, 2•d Floor, 122 W. 251

h Street, Cheyenne, Wyoming. Electronic copies are 

available at http://deq.wyoming.gov/aqd/rule-development/resources/proposed-rules-and-regulations/ and the EQC 

website stated below. If y9u have questions regarding the proposed rules, contact Jeni Cederle, Air Quality Division, at 

307-777-7740. 

The notice for submitting written comments on the WDEQ/AQD proposed revisions was first published on July 

14, 2015. In order for the AQD to file the response to comments, written comments should be received no later 

than 5:00 p.m. (MST) on August 31, 2015. Written comments should be submitted to: Administrator, WDEQ/ 

AQD, Herschler Building 2-E, 122 W. 25'h Street, Cheyenne, Wyoming, 82002, or faxed to 307-777-5616. Email 

comments will not be considered. The AQD will file an Analysis of Comments prior to the September 9, 2015 

public hearing. The entire record and the comments submitted during the comment period can be viewed at the 

EQC website: https:Ueqc. wyo. gov/Public/Dockets.aspx under the link titled " 15-2102." 

The EQC has schequled a public hearing on September 9, 2015. The EQC will consider the proposed rules, written 

comments, and the response to comments along with any modifications proposed by the AQD to the draft rules. At 

the public hearing, oral statements that focus on the written comments, the AQD's analysis of comments and issueS 

raised by the analysis will be accepted. The EQC will determine if the record will remain open beyond the close of the 

scheduled hearing. If the comment period is extended, the extension will be posted on the Air Quality website as well as 

the above-stated website for the EQC. The EQC, however, may close the record and make a final decision regarding the 

rules at the conclusion of the hearing. Those who wish to comment on the proposed revisions should submit comments 

according to the schedule above. 

Any person wishing to use a digital presentation during their testimony before the EQC must provide a digital copy to 

the EQC no Jess than 3 days prior to the hearing unless you contact the EQC and request an extension for good cause. 

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

during their testimony. 

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

upon request for individuals with disabilities. 

JUL 2015 

RECEIVED ~ AIR QUALITY 04 

t0 DMSION ~ 

S'~ ~~ 

~£~t~ 
Proofo~ation 

THE ST ATE OF WYOMING 

County of Laramie 

AFFIDAVIT 

) SS. 

L.D. Catalano of said County of Laramie, 

being first duly sworn, deposes and says that he 

is Controller; or Faith Vroman, of said County 

of Laramie, being first duly sworn, deposes and 

says that she is the Office Manager of the 

Wyoming Tribune-Eagle 

a newspaper printed and published in said 

County and State, and in the Capitol of said 

State; that the notice of which the annexed is a 

true copy, has been published in the said 

newspaper. 

for One 

Times, to wit: 

July 14, 2015 

and that the first publication of said notice was 

made in said paper bearing date 

July 14, A.D. 20 15 

and that the last publication of said notice was 

made in said paper ate 

Su cribed in my presence and sworn to before 

me by the aforesaid L.D. Catalano, Controller or 

Faith Vr metPiffice Manager. 

this 

NOTICE 

The~ng~ 

of Environmental Qulllty 

The Er.vironmental Qualit: 

Council (EQC) will conside 

proposed changes to th1 

Wyoming Air Quality Stand 

ards and Regulation. 

(WAQSR) brought forth bl 

the Wyoming Department o 

Environmental Qualiti 

(WDEQ) Air Quality Divisior 

(AQD) at a public hearing tc 

be held at 9:00 a.m. on Sep 

tember 9, 2015, at the Com· 

munity Building, 18 Fair· 

grounds Road, Buffalo, W\IO· 

ming. 

The AQD will present . the 

proposed rulemaking to the 

EQC. The propased 

rulemaking will Involve re· 

vising WAQSR Chapter 2, 

Sections 2 and 12, along 

with Chapter 6, Sections 13 

and 14. Chapter 2, Ambient 

Standards, Section 2, Ambi· 

ent standards for particu· 

late matter, will be updated 

to include the latest PM2.5 

National Ambient Air Qual· 

ity Standards (NAAQS). 

Section 12, lncorparation by 

reference, is being uPdated 

to adopt by reference from 

the Code of Federal Regula· 

lions (CFR) for July 1, 2014. 

Chapter 6, Permitting Re· 

quirements, Section 13, Non· 

attainment new source review permit requirements, 

will be uPdated to include 

specific nonattainment new 

source review permit re· 

quirements. Section 14, In· 

corPOration by reference, is 

being uPdated to adopt by 

reference from the CFR for 

July 1, 2014. Chapter 2, Sec· 

lion 2, and Chapter 6. Sec· 

tlon 13, involve changes to 

the State Implementation 

Plan (SIP). The AQD will 

submit these SIP changes to 

the Environmental Protec· 

tlon Agency (EPA). Coples 

of the public notice, Notice 

of Intent to Adopt Rules, and 

the proposed rules are 

available for public lnspec· 

tion at the Department of 

Environmental Quality, Air 

Quality Division, Herschler 

Building, 2nd Floor, 122 W. 

25th Street, Cheyenne. W\lo· 

ming. Electronic copies are 

available at 

hltP://deq.WYoming.govfaqdftuledevelopment/resources/propased 

·rules-ancl-regulatiaW and the EQC 

website stated below. If you 

have questions regarding 

thr propased rule,, contact 

Jeni Cederle, Air QIJality Di· 

vision, at "307-m-mo. 

The notice for submitting 

written comments on the 

WDEQ/AQD propased revisions was first published on ,. / 

July 14, 2015. In order ror 

the AQD to file the respanse 

to comments, written comments should be received 

no later than 5:00 p.m. 

(MST) on August 31, 2015. 

Written comments should 

be submitted to: Adminis· 

trator, WDEQ/AQD, Herschler Building 2-E, 122 W. 

25th Street, Cheyenne, W\lo· 

ming, 82002, or faxed to 

307-m-5616. Email com· 

ments will not be considered. The AQD will file an 

Analysis of Comments prior 

to the September 9, 2015 

public hearing. The entire 

record and the comments 

submitted during the comment period can be viewed 

at the EQC website: 

https/~ 

PX under the 

link titled "15-2102." 

The EQC has scheduled a 

public hearing on Septem· 

her 9, 2015. The EQC will 

consider the propased rules, 

written comments, and the 

response to comments 

along with any modifica· 

lions propased by the AQD 

to the draft rules. At the 

public hearing, oral statements that focus on the 

written comments, the 

AQD's analysis of comments 

and issues raised by the 

analysis will be accepted. 

The EQC will determine if 

the record will remain open 

beyon~ the close of the 

scheduled hearing. If the 

comment period is extended, the extension will 

be posted on the Air Quality 

website as well as the 

above-stated website for 

the EQC. The EQC, however, 

may close the ·record and 

make a final decision re· 

garding the rules at the con· 

clusion of the hearing. 

Those who wish to comment 

on the propased revisions 

should submit comments 

according tc the schedule 

above. 

Any person wishing to use a 

digital presentation during 

their testimony before the 

EQC must provide a digital 

copy to the EQC no less than 

3 days prior to the hearing 

unless you contact the EQC 

and request an extension 

for good cause. Failure to 

submit a digital copy in a 

timely manner will result in 

the person not being al· 

lowed to use the presentation during their testimony. 

In accordance with the 

Americans with Disabilities 

Act. special assistance or al· 

ternative formats will be 

made available upan request for Individuals with 

disabilities. 

July 14, 2015 
Affidavit of Publication 

\S\8118 I!!?() 

~;-"' • 12 ~J ~ -"" ::;? "-' 

------------------------------------------------------------------------------~ .... --"":l\fl'~iirT:rM'I"'--- ~ ,_,_, ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-*",,,_.--l;iAAill!OllL---,::::C::: 

STATE OF WYOMING 

County Of Sweetwater } ss. 

Rick Lee, being first duly sworn, deposes and 

says that as an Official Representative of the 

Rocket-Miner, a newspaper of general 

circulation, published daily in the City of Rock 

Springs, County and State aforesaid, and that 

the notice, a copy of which is hereunto attached 

was published in said newspaper for 1 days, the 

first thereof being in the issue of 07/14/2015 , 

and the last publication thereof being in the 

issue of07/14/2015. 

Subscribed and sworn to before me this day, 

7/14/2015. 

Publication Charges 

Notary And Affidav 

Additional Copies 

$166.41 

$0.00 

$0.00 

$166.41 

THEWYOMINGDEPARTMENTO ..9 ~ 

ENVIRONMENTAL QUALITY S' fa~-~ 

The Environmental Quality Council (EQC) will consider proposed 

changes to the Wyoming Air Quality Standards and Regulations 

(WAQSR) brought forth by the Wyoming Department of Environmental 

Quality (WDEQ) Air Quality Division (AQD) at a public hearing to be 

held at 9:00 a.m. on September 9, 2015, at the Community Building, 18 

Fairgrounds Road, Buffalo, Wyonllng 

The AQD will present the proposed rulemaking to tlie EQC. The proposed rulemaking will involve revising WAQSR Chapter 2, Sections 2 

and 12, along with Chapter 6, Sections 13 and 14. Chapter 2, Ambient 

Standards, Section 2, An1bient standards for particulate 1natter, will be 

updated to include the latest PM2.5 National Ambient Air Quality 

Standards (NAAQS). Section 12, Incorporation by reference, is being 

updated to adopt by reference from the Code of Federal :Regulations 

(CFR) for July 1, 2014. Chapter 6, Permitting Requirements, Section 

13, Nonattainment new source review permit requirements, will be updated to include specific nonattainment new source review permit requirements. Section 14, Incorporation by reference, is being updated to 

adopt by reference from the CFR for July 1, 2014. Chapter 2, Section 2, 

and Chapter 6, Section 13, involve changes to the State Implementation 

Plan (SIP). The AQD will submit these SIP changes to the Environmental Protection Agency (EPA). Copies of the public notice, Notice of 

Intent to Adopt Rules, and the proposed 1ules are available for public inspection at the Department of Environ1nental Quality, Air Quality Division, Herschler Building, 2nd Floor, 122 W. 25th Street, Cheyenne, WyonUng. Electronic copies are available at hUp://<leq.wyo1ning.gov/ 

aq d/rul e-devel op ment/resources/p reposed-rules-m1 d-regulations/ and the 

EQC website stated below. If you have questions regarding the proposed 

rules, contact Jeni Cederle, Air Quality Division, at 307-777-7740. 

The notice for submitting written comtnents on the WDEQ/AQD proposed revisions was first published on July 14, 2015. In order for the 

AQD to file the response to comments, written comments should be received no later than 5:00 p.m. (MST) on August 31, 2015. Written comments should be submitted to: Administrator, WDEQ/AQD, Herschler 

Building 2-E, 122 W. 25th Street, Cheyenne, Wyoming 82002, or faxed 

to 307-777-5616. E1nail conunents will not be considered. The AQD 

will file an Analysis of Co1111nents prior to the Septe1nber 9, 2015 public 

hearing The entire record and the comments submitted during the com1nent period can be viewed at the EQC website: https://eqc.wyo.gov/Pu 

blic/Dockets.aspx under the link titled" 15-2102." 

The EQC has scheduled a public hearing on September 9, 2015. The 

EQC will consider the proposed rules, written comments, and the response to comments along with any 1nodifications proposed by the AQD 

to the draft rules. At the public hearing, oral state1nents that focus on the 

written comn1ents, the AQD's analysis of comments and issues raised by 

the analysis will be accepted. The EQC will determine if the record will 

remain open beyond the close of the scheduled hearing. If the con1n1ent 

period is extended, the extension will be posted on the Air Quality 

website as well as the above-stated website for the EQC. The EQC, 

however, may close the record and make a final decision regarding the 

rules at the conclusion of the hearing. Those who wish to conm1ent on 

the proposed t'evisions should submit co1ru11ents according to the schOOule above. 

Any person wishing to use a digital presentation during their testiinony 

before the EQC must provide a digital copy to the EQC no less than 3 
Affidavit of Publication 

STATE OF WYOMING 

County Of Sweetwater } ss. 

Rick Lee, being first duly sworn, deposes and 

says that as an Official Representative of the 

Rocket-Miner, a newspaper of general 

circulation, published daily in the City of Rock 

Springs, County and State aforesaid, and that 

the notice, a copy of which is hereunto attached 

was published in said newspaper for 1 days, the 

first thereof being in the issue of 07/14/2015 , 

and the last publication thereof being in the 

issue of07/14/2015. 

~ I 

Subscribed and sworn to before me this day, 

7/1412015. 

Notary Public 

Publication Charges 

Notary And Affidav 

Additional Copies 

$166.41 

$0.00 

$0.00 

$166.41 

days prior to the hearing unless you contact the EQC and request an extension for good cause. Failure to sub1nit a digital copy in a timely manner will result in the person not being allowed to use the presentation 

during their testimony. 

In accordance with the A1nericans with Disabilities Act, special a.'{sfstance or alternative fortnats 111;/J be 1nade available upon request for individuals rJJith disabilities. 

July 14 ___________ . _________ _ 
AFFP 

The Wyoming Department of Envi 

Affidavit of Publication 

STATE OF WYOMING} SS 

COUNTY OF SHERIDAN} 

Rena L. Appel, being duly sworn, says: 

That she is Clerk of the The Sheridan Press, a daily 

newspaper of general circulation, printed and published in 

Sheridan, Sheridan County, Wyoming; that the publication, 

a copy of which is attached hereto, was published in the 

said newspaper on the following dates: 

July 14, 2015 

That said newspaper was regularly issued and circulated 

on those dates. 

SIGNED: 

02105414 00064306 

Janet Stephens 

State of Wyoming DEQ/AQD 

122 W. 25th St. 2nd-East 

CHEYENNE, WY 82002 

The Wyoming Department of 

Environmental Quality 

The EnvJronmental Quality Council (EQC) will consider proposed changes to the 

Wyoming Air Quality Standards and Regulations (WAOSR) brought forth by the 

Wyoming Department of Environmental Quality (WDEQ) Air QuaHty Division (AQD) 

at a public hearing to be held at 9:00 a.m. on September 9, 2015, at the Community 

Building, i8 Fairgrounds Road, Buffalo, Wyoming. 

The AOD will present the proposed rulemaking to the EQC. The proposed 

rulemaking Wilt involve revising WAQSR Chapter 2, Sections 2 and 12, along with 

Chapter 6, Sections 13 and 14. Chapter 2, Ambient Standards, Section 2, Ambient 

standards for particulate matter, will be updated to include the latest PM2.5 Natlona/ 

Ambient Air Quality Standards (NAAQS). Section 12, Incorporation by reference, is 

being updated to adopt by reference from the Code of Federal Regulations (CFR) for 

July 1, 2014. Chapter 6, Permitting Requirements, Section 13, Nonattainment new 

source review permit requirements, will be updated to include specific nonattafnment 

new source review permit requirements. Section 14, Incorporation by reference, Is 

being updated to adopt by reference from the CFR for July 1, 2014. Chapter 2, 

Section 2, and Chapter 6, Section 13, involve changes to the State Implementation 

Plan (SIP). The AQD will submit these SIP changes to the Environmental Protection 

Agency (EPA). Copies of the public notice, Notice of Intent to Adopt Rules, and the 

proposed rules are available for public inspection at the Department of 

Environmental Quality, Air Quality Division, HerschJer Building, 2nd Floor, 122 W. 

25th Street, Cheyenne, Wyoming. Electronic copies are available at 

http://deq.wyoming.gov/aqd/rule-development/resources/proposed-rules-andregulations/ and the EQC website stated below. If you have questions regarding the 

proposed rules, contact Jeni Cederle, Air Quality Division, at 307-777-7740. 

The notice for submitting written comments on the WDEQ/AQD proposed revisions 

was first publlshed on July 14, 2015, In order for the AOD to file the response to 

comments, written comments should be received no later than s:oo p.m. (MST) on 

August 31, 2015. Written comments should be submitted to: Administrator, 

WOEQ/AQD, Herschler Bullding 2-E, 122 W. 25th Street, Cheyenne, Wyoming, 

82002, or faxed to 307-777-5616. Email comments will not be considered. The AQD 

will file an Analysis of Comments prior to the September 9, 2015 public hearing. The 

entire record and the comments submitted during the comment period can be 

viewed at the EQC website: https://eqc. wyo.gov/Public/Dockets.aspx under the link 

titled "iS-2102." 

The EQC has scheduled a public hearing on September 9, 2015. The EQC will 

consider the proposed rules, written comments, and the response to comments 

along with any modifications proposed by the AQD to the draft rules. At the public 

hearing, oral statements that focus on the written comments, the AQD's analysis of 

comments and issues raised by the analysis will be accepted. The EQC will 

determine if the record will remain open beyond the close of the scheduled hearing. 

If the comment period is extended, the extension will be posted on the Air Quality 

website as well as the above-stated website for the EQC. The EQC, however, may 

close the record and make a final decision regarding the rules at the conclusion of 

the hearing. Those who wish to comment on the prorx:ised revisions should submit 

comments according to the schedule above. 

Any person wishing to use a digital presentation during their testimony before the 

EQC must provide a digital copy to the EQC no less than 3 days prior to the hearing 

unless you contact the EQC and request an extension for good cause. Failure to 

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

use the presentation during their testimony. 

In accordance with the Americans with Disabilities Act, special assistance or 

alternative formats will be made avaHable upon request for indlviduals with 

disabilities. 

Publish: July 14, 2015. 

BEFORE THE 

ENVIRONMENTAL QUALITY COUNCIL 

STA TE OF WYOMING 

IN THE MATTER OF REVISIONS TO SECTIONS 

TWO AND TWELVE OF CHAPTER TWO; AND 

REVISTONS TO SECTIONS ONE, THIRTEEN, 

AND FOURTEEN OF CHAPTER SIX OF THE 

WYOMING AIR QUALITY STANDARDS AND 

REGULATIONS 

) 

) 

) 

) 

) 

) 

ST A TEMENT 0 F 

PRINCIPAL REASONS 

FOR ADOPTION 

I. The Environmental Quality Council, pursuant to the authority vested in it by the 

Wyoming Statutes 35- 11-112 (a)(i), has revised, removed, or added the following 

chapters and sections to the Wyoming Air Quality Standards and Regulations: Chapter 2, 

Ambient Standards, Section 2, Ambient standards for particulate matter, and Section 12, 

Incorporation by reference; Chapter 6, Permitting Requirements, Section I, Introduction 

to permitting requirements, Section 13, Nonattai nment new source review permit 

requirements, and Section 14, Incorporation by reference. 

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

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

ambient air standards or emission control requirements that may be necessary to prevent, 

abate, or control pollution. 

Section 35-11-202 (b) of the Act states that in recommending such standards or 

requirements the Administrator shall consider all facts and circumstances bearing upon 

the reasonableness of the emissions involved including: 

(A) The character and degree of injury to, or interference with the health and physical 

we ll being of the people, animals, wildlife and plant life; 

(B) The social and economic value of the source of pollution; 

(C) The priority of location in the area involved; 

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

eliminating the pollution; and 

(E) The social welfare and aesthetic value. 

3. Chapter 2, Ambient Standards, Section 2, Ambient standards for particulate matter, was 

revised to include the updated PM2.s National Ambient Air Quality Standards (NAAQS) 

as of July I, 20 14. Section 12, Incorporation by reference, was updated to adopt by 

reference from the Code of Federal Regulations (CFR) for July I, 2014. Section 12 was 

also revised to include the location on the internet, as defined in W.S. 9-2-1035(a)(iii), of 

the incorporated matter. The revisions to Section 2, Ambient standards for particulate 

matter, and Section 12, Incorporation by reference, involve changes to the State 

Implementation Plan (SIP). 

4. Chapter 6, Permitting Requirements, Section 1, Introduction to permitting requirements, 

was updated to reflect a revised Section 13 title clarifying that the regulation will be 

adopted as a State rule and not adopted by reference from 40 CFR 51.165. Section 13, 

Nonattainment new source review permit requirements, establishes specific 

nonattainment new source review permitting requirements for new and modified major 

stationary sources in a nonattainment area. Section 14, f ncorporation by reference, was 

updated to adopt by reference from the CFR as of July I, 2014. The revisions to Section 

13, Nonattainment new source review permit requirements, and Section 14, fncorporation 

by reference, involve changes to the State Implementation Plan (STP). 
The Council finds that these regulations are reasonable and necessary to accomplish the policy 

and purpose of the Act, as stated in W.S. 35-11-102, and that they have been promulgated in 

accordance with rulemaking provisions of the Wyoming Administrative Procedures Act. 

A .t>r(loJJ (_LA fl}<- Heari~g Examiner - Printed Name 

Wyoming Environmental Quality Council 

2 

Hearing Examiner - Signed Name 

Wyoming Environmental Quality Council 
Response to Comments for Air Quality Division Rulemakings Before the Environmental 

Quality Council (EQC) on September 9, 2015

The Wyoming Department of Environmental Quality – Air Quality Division’s proposed 

rulemaking (R25) involves revising Wyoming Air Quality Standards and Regulations (WAQSR) 

Chapter 2, Ambient Standards; and Chapter 6, Permitting Requirements. Only one written 

comment was received during the 45-day public comment period, and it pertained to the 

proposed revisions to Chapter 6, Section 13, Nonattainment new source review permit 

requirements. That comment, and the Division’s subsequent response, were submitted to EPA in 

the Division’s Chapter 6, Sections 13 and 14, SIP revision through the eSIP portal on November 

6, 2015. There were, however, no comments received during the 45-day public comment period 

pertaining to the proposed revisions to WAQSR Chapter 2, Ambient Standards, Section 2, 

Ambient standards for particulate matter, and Section 12, Incorporation by reference. 
Filed: 09/25/2015 WEQC

ENVIRONMENT AL QUALITY COUNCIL 

Buffalo, Wyoming 

Sept 9, 2015 - 9:00 AM 

AME OF COMPANY OR BUSINESS 

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A-G

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EMAIL 

ov 

o-IN\.b.Q....,... Oo-U.., 

-.J 

el ·1-u.. !Geth . o < v- is :r-<'a tt @> fl ov 

PU,.,..l".S1 <e'(J 

Check if you wish 

to Comment 
THE STATE OF WYOMING 

ENVIRONMENTAL QUALITY 

COUNCIL AGENDA 

SEPTEMBER 9TH AND 1 OTH, 2015 MEETING WILL CONVENE AT 9:00 

A.M. Community Building 18 Fairgrounds Rd, Buffalo. WY 82834. 

The agenda may be amended at anytime. up to 24 hours prior to the 

meeting. Emergency items can be added at any time. Agenda items 

that do not have a specific time indicated can be taken up by the 

Council at any time. 

CALL TO ORDER - Introduction of Council Members & Staff 

CASE UPDATES 

APPROVAL OF JULY 8TH 2015 MINUTES 

FINAL HEARING I PUBLIC HEARING 

· Docket 15-2102 AIR QUALITY PUBLIC HEARING At 9:00 a.m. the 

public hearing on this matter will convene. The proposed rulemaking 

will involve revising WAQSR Chapter 2, Sections 2 and 12, along with 

Chapter 6, Sections 13 and 14. Chapter 2, Ambient Standards, 

Section 2, Ambient standards for particulate matter, will be updated to 

include the latest PM2.5 National Ambient Air Quality Standards 

(NAAQS). Section 12, Incorporation by reference, is being updated to 

adopt by reference from the Code of Federal Regulations (CFR) for 

July 1, 2014. Chapter 6, Permitting Requirements, Section 13, 

Nonattainment new source review permit requirements, will be 

updated to include specific nonattainment new source review permit 

requirements. Section 14, Incorporation by reference, is being 

updated to adopt by reference from the Code of Federal Regulations 

(CFR) for July 1, 2014. 

CONSENT AGENDA 

· NOTICE OF VIOLATION AND ORDER 

0 Docket 15-5201 IN RE DEVILS TOWER Failure to Pay Annual 

Tank fee by January 1 Failure to have Licensed Class A and B 

Operators 

· ADMINISTRATIVE ORDER ON CONSENT 

MATTERS PENDING FURTHER ACTION 

· Docket 15-3101 WATER QUALITY RULES AND REGUALTIONS 
RULEMAKING Chapters 15 and 25 

. Docket 15-1101 REQUEST FOR RULEMAKING TO ALLOW FOR 

FILING OF ELECTRONIC COMMENTS. The Powder River Resource 

Council filed a request with the Council to promulgate a rule for the 

DEQ allowing for the filing of Electronic Comments. 

OTHER BUSINESS 

. Rules of Practice and Procedure Review with Staff the history and 

next steps for adoption of EQC Rules of Practice and Procedure 

. Quarterly Meetings 2016 2016 EQC meetings: March 17 and 18, 

June 15 and 16, September 21 and 22, November 16 and 17. 

. EXECUTIVE SESSION Personnel Matters 

ADJOURN In accordance with the Americans with Disabilities Act, special 

assistance or alternate formats will be made available upon request for 

individuals with disabilities. 
Draft 3/18/15

2-1

REDLINE/STRIKEOUT VERSION

FOR INFORMATIONAL PURPOSES ONLY

Ambient Standards

CHAPTER 2

Section 2. Ambient standards for particulate matter.

(a) PM10: The ambient air standards for PM10 particulate matter are:

(i) 150 micrograms per cubic meter — 24-hour average concentration with not 

more than one expected exceedance per year.

(A) Attainment of the 24-hour standard is determined in accordance with 

Appendix K of 40 CFR part 50.

(ii) 50 micrograms per cubic meter — annual arithmetic mean.

(A) Attainment of the annual standard is determined in accordance with 

Appendix 1 of this chapter.

(iii) For the purpose of determining attainment of the standards, particulate 

matter shall be measured in the ambient air as PM10 (particles with an aerodynamic diameter less 

than or equal to a nominal 10 micrometers), by a reference method based on 40 CFR part 50, 

Appendix J and designated in accordance with 40 CFR part 53 or an equivalent or alternate 

method designated in accordance with 40 CFR part 53.

(b) PM2.5: The primary ambient air quality standards for PM2.5 particulate matter are:

(i) 12.0 micrograms per cubic meter (μg/m3) annual arithmetic mean 

concentration and 35 μg/m3 24-hour average concentration measured in the ambient air as PM2.5 

(particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) by 

either: 

(A) A reference method based on 40 CFR part 50, Appendix L, and 

designated in accordance with 40 CFR part 53; or

(B) An equivalent method designated in accordance with 40 CFR part 53.

(ii) The primary annual PM2.5 standard is met when the annual arithmetic mean 

concentration, as determined in accordance with 40 CFR part 50, Appendix N, is less than or 

equal to 12.0 μg/m3.
Draft 3/18/15

2-2

(iii) The primary 24-hour PM2.5 standard is met when the 98th percentile 24-hour 

concentration, as determined in accordance with 40 CFR part 50, Appendix N, is less than or 

equal to 35 μg/m3. 

(cb) PM2.5: The primary and secondary ambient air quality standards for PM2.5

particulate matter are:

(i) 15 micrograms per cubic meter (μg/m3) annual arithmetic mean concentration 

and;

(ii) 35 micrograms per cubic meter (μg/m3) — 98th percentile 24-hour average 

concentration.

(iii) Attainment of the annual and 24-hour standards is determined in accordance 

with Appendix N of 40 CFR part 50.

(iv) For the purpose of determining attainment of the standards, particulate matter 

shall be measured in the ambient air as PM2.5 (particles with an aerodynamic diameter less than 

or equal to a nominal 2.5 micrometers), by a reference method based on 40 CFR part 50, 

Appendix L and designated in accordance with 40 CFR part 53, or an equivalent or alternate

method designated in accordance with 40 CFR part 53.

(dc) Ambient air, for the area bounded by Townships 40 through 52 North, and Ranges 

69 through 73 West, inclusive, of the Sixth Principal Meridian, Campbell and Converse 

Counties, in the Powder River Coal Basin, is defined as that portion of the atmosphere, external 

to buildings, to which the general public has access. For surface mining operations, the 

application of this definition will be limited to only those lands that are necessary to conduct 

mining operations as determined by the Administrator of the Wyoming Air Quality Division.

Section 12. Incorporation by reference.

(a) Code of Federal Regulations (CFR). All Code of Federal Regulations 

(CFRs) cited in this chapter, including their Appendices, revised and published as of July 1, 2014

2011, not including any later amendments, are incorporated by reference. Copies of the Code of 

Federal Regulations are available for public inspection and copies can be obtained at cost from 

the Department of Environmental Quality, Division of Air Quality, Cheyenne Office 122 W. 25th

Street, Cheyenne, Wyoming 82002. Contact information for the Cheyenne Office can be 

obtained at: http://deq.wyoming.gov. Copies of the CFRs can also be obtained at cost from 

Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214, or online 

at: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.
2-1

FOR INCLUSION IN WYOMING STATE IMPLEMENTATION PLAN

FROM WYOMING AIR QUALITY STANDARDS AND REGULATIONS

Ambient Standards

CHAPTER 2

Section 2. Ambient standards for particulate matter.

(a) PM10: The ambient air standards for PM10 particulate matter are:

(i) 150 micrograms per cubic meter — 24-hour average concentration with not 

more than one expected exceedance per year.

(A) Attainment of the 24-hour standard is determined in accordance with 

Appendix K of 40 CFR part 50.

(ii) 50 micrograms per cubic meter — annual arithmetic mean.

(A) Attainment of the annual standard is determined in accordance with 

Appendix 1 of this chapter.

(iii) For the purpose of determining attainment of the standards, particulate 

matter shall be measured in the ambient air as PM10 (particles with an aerodynamic diameter less 

than or equal to a nominal 10 micrometers), by a reference method based on 40 CFR part 50, 

Appendix J and designated in accordance with 40 CFR part 53 or an equivalent or alternate 

method designated in accordance with 40 CFR part 53.

(b) PM2.5: The primary ambient air quality standards for PM2.5 particulate matter are:

(i) 12.0 micrograms per cubic meter (μg/m3) annual arithmetic mean 

concentration and 35 μg/m3 24-hour average concentration measured in the ambient air as PM2.5 

(particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) by 

either:

(A) A reference method based on 40 CFR part 50, Appendix L, and 

designated in accordance with 40 CFR part 53; or

(B) An equivalent method designated in accordance with 40 CFR part 53.

(ii) The primary annual PM2.5 standard is met when the annual arithmetic mean 

concentration, as determined in accordance with 40 CFR part 50, Appendix N, is less than or 

equal to 12.0 μg/m3.
2-2

(iii) The primary 24-hour PM2.5 standard is met when the 98th percentile 24-hour 

concentration, as determined in accordance with 40 CFR part 50, Appendix N, is less than or 

equal to 35 μg/m3. 

(c) PM2.5: The secondary ambient air quality standards for PM2.5 particulate matter are:

(i) 15 micrograms per cubic meter (μg/m3) annual arithmetic mean concentration 

and;

(ii) 35 micrograms per cubic meter (μg/m3) — 98th percentile 24-hour average 

concentration.

(iii) Attainment of the annual and 24-hour standards is determined in accordance 

with Appendix N of 40 CFR part 50.

(iv) For the purpose of determining attainment of the standards, particulate matter 

shall be measured in the ambient air as PM2.5 (particles with an aerodynamic diameter less than 

or equal to a nominal 2.5 micrometers), by a reference method based on 40 CFR part 50, 

Appendix L and designated in accordance with 40 CFR part 53, or an equivalent or alternate 

method designated in accordance with 40 CFR part 53.

(d) Ambient air, for the area bounded by Townships 40 through 52 North, and Ranges 69 

through 73 West, inclusive, of the Sixth Principal Meridian, Campbell and Converse Counties, in 

the Powder River Coal Basin, is defined as that portion of the atmosphere, external to buildings, 

to which the general public has access. For surface mining operations, the application of this 

definition will be limited to only those lands that are necessary to conduct mining operations as 

determined by the Administrator of the Wyoming Air Quality Division.

Section 12. Incorporation by reference.

(a) Code of Federal Regulations (CFR). All Code of Federal Regulations 

(CFRs) cited in this chapter, including their Appendices, revised and published as of July 1, 

2014, not including any later amendments, are incorporated by reference. Copies of the Code of 

Federal Regulations are available for public inspection and can be obtained at cost from the 

Department of Environmental Quality, Division of Air Quality, Cheyenne Office. Contact 

information for the Cheyenne Office can be obtained at: http://deq.wyoming.gov. Copies of the 

CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, 

Blue Ridge Summit, PA 17214, or online at:

http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.