# 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 USEPA 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 re v ision 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 PM 2 .s standard is 12 micrograms per cubic meter (μg/m 3 ) 

### annual arithmetic mean concentration , which is lowered from its previous level of 15 μg/m 3

. 

### 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 I ND U STRIAL S I TING LANO QUA LI TY SOLID & HAZ

. WASTE WATER QUALITY (307) 777

- 775 8 (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)

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# SEP 1 

# B 2015

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## ..**:;:;-~~~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'if tlC** **JH t~** **ei t.** **e- cilfri~** **fi rr~~~** **IT nci** **f:j&~ 111~** **~i 1':1** **@~ ~i** **~~i: "'** **iffi 8~** **P. a1&i** **. -~,** **~:~r@.~~;;g:t;lt~.:~:,...** 

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.....**_.~ ~>**  --"""**.,..,..,.~** _ . ...... . <.:-. 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.

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## 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 i n the finding that they are an emergency.

'. i. • I , . .. .. Attorney G neral: 1. Sta ft!'ni efa of Reasons; 2. Original Certification Page ; 3. Summary of Comments (regular rules) ; 4. Hard copy of rules : clean and strike/underscore; and 5

. Mem? i to**~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 str i ke/underscore ; 5

. Electronic copy of rules {PDF.s) emailed to

. Criss

. Carlson@w\f o lEt J .gov:

### lean and strike/underscore; and 6. Memo to Governor documenting emergency (for emergency rules only)

. ! !! 1 1.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**\';\\<** Proposed Rules for Chapters 2 and 6 (R-25) 

### Subject:

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 WAQSR 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 th e 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 the s e rules proceed to formal rulemaking before Environmental Quality Council ( E QC).

Herschler Building · 122 West 25th Street · Cheyenne , WY 82002

- http://deq.s t ate.wy

. us A DMI N / O U TR C ACH A BANDON ED M IN CS AI R QUA LI TY IN D U STR I A L S ITING LAND QU A LI T Y S OU & H A Z W A S T [ WA TER QUALI T Y ( 3 0 7) 77 7

- 7758 ( 3 0 7 ) 777
· 6 1 45 ( 3 0 7 ) 77 7

- 7 391 ( 3 0 7) 777-73 6 9 ( 3 07 ) 777-775 6 ( 3 0 7 ) 7 77 775'.! ( 3 07 ) 777778 1
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## Agency Contact Name: Agency Contact Phone: Agency Contact Email: Jeni Cederle 307-777-7740 j eni.cederle @wv o. g ov



## 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 1 3 S t a t e Ca pit o l • C h eye nn e , W yo min g 82 00 2 T E LEPHO NE 3 0 7- 777- 788 1 • F AX 3 0 7-777-5 4 66 .EMAI Ll so @ wy o l e g
. g ov
. W EB S IT Ewww.wyo le g. 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 Standard s and Regulations. Chapter 2, Ambient Standards, is amended to include the updated primary ambient air quality standards for PM 2 . 5 

### particulate matter (particles with an aerodynamic diameter less than or equal to a nominal 2

. 5 micrometer s) as of July 1 , 2014. Chapter 6, Permitting Requirements, is amended to establish specific permit requirements for new major stationary so urce s or major modifications to ex i s ting major sta tionary
so urce s located in areas of th e State which are designated as nonattainment und er the federal Clean Air Act. Previousl y, the rule s adopted b y reference require m e nt s for p e rmit s in nonattainment areas co ntained in th e Code of Federal Regulations.

In addition , chapt e r s 2 and 6 are amended to comply with the Wyoming Administrative Procedures Act requirements for incorporation by reference and to include all amendments m a de to incorporated Code of Federal Re gulation s on or before Jul y 1, 2014. Changes to both chapters involv e changes to Wyoming's C l e an Air Act State Implementation Plan.
FIN DING S: The rule s ap pear to be within the sco pe of statu t ory authority a nd legislative intent. Comp li ance with federal l aw h as n ot been determined. The Environmental Prot ec tion Agency's preliminary review of the rule s found "n o approvability i ss ue s " w ith th e amendments to Chapter 6 nonatt a inm e nt p e nnit requir e m e nt s.
STAFF RECOMMENDATION: That the rul es be placed o n the Co n se nt List a nd be ap proved by the Co un c il as s ubmitted by t he agency.

Anna Mumford S taff 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 h eld 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 PM 2.5 

### 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 Require ments, 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 fo r 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, 2 nd 

### Floor, 122 W. 25 th 

### 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 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 r evisions was first published on July 14, 2015

. In order for the AQD to file the response to comments, writte n 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 th 

### 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 th e 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 schedul e 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 T ribune 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 Qualit y 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 PM 2.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 subm it 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 availab l e for public inspection at the Department of Environmental Quality, \ir Quality Division, Herschler Building , 2"d Floor, 1 22 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 ha s schequled a public hearing on September 9, 2015. The EQC will consider the proposed rules, written :omments, and the response to commen t s 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 i ssues 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 i ccording 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. "a ilure to submit a digital copy in a timely manner will result in the person not being a ll owed to use the presentation luring their testimony. 

# StariTribune -----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 swea r that a copy of the notice as per c l ipping attached was printed and published

# ~ week ly
in the regu l ar and entire is sue of said newspaper, and not in any supplement thereof , for 

# I consecutive 

# § weeks commencing w ith issue dated



# I 

# 11

. .;(()/5

end i ng with issue d a ted

Signed
Subscribed in my presence and sworn to before m e thi s

# The Wyoming Department of Environmental Quality

The Environmental Quality Counc il (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 Fairground s 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 particul ate matter, will be updated to include the late st PM 2.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 refer ence , 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 , Herschl er Building, 2•d Floor , 122 W. 25 1 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 revision s 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 s h ou ld be submitted to : Admini strator , WDEQ/ AQD , Her sc hler Building 2-E, 122 W. 25 'h Street , Cheyenne, Wyomin g, 82002 , or faxed to 307-777-5616. Email comments will not be c on s idered. The AQD will file a n Analysis of Comments prior to the September 9, 2015 public hearing. The entire record and the comments sub mitt e d during the co mment period can be viewed at the EQC website: https :Ueqc. wyo. gov/Publi c/ Docket s.aspx under the link titled " 15-2102. "
The EQC has schequled a public hearing on September 9, 2015. Th e EQC will consider the proposed rule s, 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 is sueS 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 clos e the r eco rd and make a final de c ision regarding the rules at the conclusion of the hearing. Those who wish to comment on the proposed revi s ion s s hould submit comments according to the schedule above. Any person wishing to use a digital pre senta tion during their testimony before the EQC must provide a digital copy to the EQC no Jess than 3 days prior to the hearin g unles s you co ntact the EQC and request an extension for good cause. Failure to submit a digital copy in a timely manner will re s ult in the person not being allowed to use the presentation during their te stimony

. In accordance with the Americans with Disabilities Act , special assistance or alternativeformats will b e mad e available upon request for individual s with disabilities.



### JUL 2015 

# RECEIVE D**~**



## AIR QU ALITY 04 t0 

## DMSION**~ S'~** **~~**

# ~£~t~**Proofo ~a** **tion** 

### THE STAT E O F WYOMING County o f Larami e 

### AFFIDAVIT 

# ) SS.



### L.D

. Cata l ano of sa id County of La rami e, b e ing fir s t duly s w orn , d epo se s and sa y s th at h e is Controller; or Faith Vroman , of said County
o f Laramie , being first dul y sw orn , d ep ose s and
s ays tha t s h e i s the Offi ce M a n ager of the 

# Wyoming Tribune-Eagle

a n ews pap e r print ed and publ ished in 

### said Co unty an d S t at e , and in the Ca pito l of sai d S tat e; that the n o tic e of w hi c h th e annexe d is a tru e co p y, ha s been publi s h e d in the s aid
n e wspaper
. for One Times , to w i t: Jul y 14 , 2 015

an d tha t the fir s t publi cat ion of sa id n o ti ce was ma de in 

### sa i d paper b earing date
Jul y 14, A.D

. 2 0 15 and th at th e l as t publica tio n o f sa id n o ti ce was made 

### in s aid p ap e r at e

S u c rib e d i n m y presence a nd sworn to befor e m e b y th e afo res aid L.D

. Ca t alano, Co ntro lle r o r Fai th V r m etPiffice Manage r
. this NOTICE**The~ng~** of Environmental Qulllty T he 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 t c be he l d 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 standa rds for particu· l ate matte r, will be u pdated to i nclude the latest PM2.5 Nationa l Ambient Air Qual· ity Standards (NAAQS). Section 12, lncorparation by reference, is being uPdated to adopt by reference from the Code of Federal Regu l a· 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 rev i ew permit re· qu i rements

. Sect ion 14, I n· 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 P l an (SI P ). T he AQD w ill submit these S I P changes to the Environmental Protec· tlon Agency (EPA). Coples of the public notice, Notice of Intent to Adopt Rules, and the p r oposed rules are availab l e for public lnspec· t ion at the Department o f Environmental Qua li ty, Air Quality Division, H erschler Building, 2nd Floor, 122 W. 25th Street, Cheyenne. W\lo· ming. Electronic copies are available athltP://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 QIJ ality D i· visi on , at "307-m-mo

. The notice for submitti n g written com m ents on t h e WDEQ/AQD propase d revisions was first published on 

# ,. / J ul y 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 conside r

ed. The AQD will fi l e an Analysis o f Comments prior to t he 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 co m ments along with any mod i fica· lions propased by t h e AQD to the draft rules. At the public hearing, oral statements that focus on the written comments, the AQD's analysis of comments and i ssues 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 Q u ality we b site as we ll as t h e 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· c l usion 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 befo r e the EQC must prov i de a digital copy to the EQC no l ess 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 di sabi l ities. J ul y 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 alternativefortnats 111;/J be 1nade available upon requestfor 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 athttp://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 ENV IRO NMEN T AL QUALITY COUNCIL STA TE OF WYOMING

I N THE MATT E R OF REVISIONS TO SECTIONS TWO AN D TWELVE OF C HAPTER TWO; AND REVISTONS TO SECT IONS ONE, THIRTEEN , AND FOURTEEN OF C H APTER SIX OF TH E WYOMING AIR QUALITY STANDARDS AND REGULATIONS ) ) 

### ) ) ) ) 

### ST A

TEMENT 

### 0 F PRINC IPAL REASONS FOR A DOPTIO N

I. The E nv i ro nm enta l Quality Council, pursuant to the auth o rit y veste d in it by the Wyom in g Statute s 35- 11-112 (a)( i), ha s revised , remov e d , or added the fo ll ow in g c hapters a nd sec ti o n s to the Wyoming Air Quality Standards and Regulations: C h ap te r 2, Amb ie nt Standard s, Section 2, Ambient standards for particulate matt er, and Section 12 , Inc o rp orat io n by r efe rence; C h apt er 6, Permitting Requir ements , Section I , In troductio n to permitting r eq uir e ments, Section 1 3, No nattai nm e nt new sou rce review permit
r e quir ements, and Section 14 , Incorporation by reference.
2

. Section 35 -11- 202 (a) of th e E nvi ron menta l Quality Act states that the Ad mini st rator , afte r consu lta t i on w ith the Advisory Boa rd , sha ll recommend to the Director such
am bient air standa rd s o r e mi ssion control requirements that may be n ecessary to prevent , abate, or contro l po lluti on.
Section 3 5-11-202 (b) of the Act sta te s that in recommending s uc h s t a nd ards or requirements the Admini s trator sha ll consider all facts and circumstance s bearing up on the reasonableness of th e e mi ssio n s involved in c ludin g: (A) The c ha racter a nd degree of injury to, or interference wit h the hea l t h and p h ys i ca l we ll being of th e people, a nim als, wil dlif e and plant life; (B) T h e soc ial an d eco n o mic va lu e of the so ur ce of po llu tion; (C) 

### The priority of loca ti o n in the area inv o lv ed; (D) The technical p ractica bilit y a nd econom ic reasonablene ss of reducing or e limin at in g the p o lluti o n ; an d (E) The soc ia l we l fare a nd aestheti c va lue.
3. Chapter 2, Am bi e n t Standards , Sect i on 2, Ambient standards for particulate matter , was revised to include the u pdated PM 2.s Na t i ona l Ambient Air Quality Sta nd ard s (NAAQS) as of Jul y I , 20 14

. Section 12 , Inc o rp orat i o n by reference, was updated to adopt by reference from th e Code o f Federa l R eg ul atio n s (CFR) for Jul y I , 20 14

. Section 1 2 was a l so re v i sed to include the l ocat ion on th e intern et , as defin e d in W.S. 9-2-1035(a)(iii), of the incorporated matter. The revi s ions to Sect i on 2 , Ambie nt sta ndard s for particulate matter , and Section 12 , Inc orporatio n by reference , inv o lve changes t o the State Implementation Plan (S IP).
4. Chapt e r 6, Permitting R eq ui reme nt s, Section 1 , Intro du ct ion to permitting requirement s, was updated t o r e fl ect a r evised Sec ti on 1 3 title c lar i fying that the regulation w ill b e adopted as a State rule and not adopted by reference from 40 CFR 5 1

. 1 65. Sect ion 13, Nonatta inm e nt new so urce rev iew permit require ment s, es tabli s h es s p ecific nonattainment new so ur ce revi ew p er mittin g req uir e ments fo r new and modified maj or stat io nary sources in a nonattainment area. Section 1 4, f ncorporation by reference, was updated to a d o pt b y r efere nce from the CFR as of Jul y I, 201 4

. The rev i s i o ns to Sec ti on 1 3 , No natt a inm e nt new so urce rev ie w permit req uirem e n ts, and Section 14 , fnc orp oration by reference, involve changes to the State Impl eme nt ation Plan (S TP ).

### 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 Environmenta l Quality Council

2 Hearing Examiner

- 

### Signed Name Wyoming Environmental Quality Council

### Response to Comments for Air Quality Division Rulemaking s 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 Ch apter 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 throug h 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/ePLEASEPRINTLEGIBLYYOURNAMEE"lZ_lAVV\,\o.e-V+'o+\'SElC2ab.o:iV/ffloyr1-Ssa:rLL{'<}i['(\0tr.'50{JENVIRONMENTALQUALITYCOUNCILBuffalo,WyomingSept9,2015-9:00AMNAMEOFCOMPANYORBUSINESSV€b;-\'Dt:..e--f\G.....DA-Gl)'CQ-1\QboA&-EMAILovo-IN\.b.Q....,...Oo-U..,-.Jel·1-u..!Geth.o<v-is:r-<'att@>flovPU,.,..l".S1<e'(JCheckifyouwishtoComment

# 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) PM 10 

### : The ambient air standards for PM 10 

### 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 PM 10 

### (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 eq uivalent or alternate method designated in accordance with 40 CFR part 53. (b) PM 2.5 

### : The primary ambient air quality standards for PM 2.5 

### particulate matter are: (i) 12.0 micrograms per cubic meter (μg/m 3 

### ) annual arithmetic mean concentration and 35 μg/m 3 

### 24

- hour average concentration measured in the ambient air as PM 2.5 

### (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 i n accordance with 40 CFR part 53; or

(B) An equivalent method designated in accordance with 40 CFR part 53. (ii) The primary annual PM 2.5 

### standard is met when the annual arithmetic mean concentration, as determined in accordance with 40 CFR part 5 0, Appendix N, is less than or equal to 12.0 μg/m 3



### .

### Draft 3/18/15



### 2

- 2 (iii) The primary 24

- hour PM 2.5 

### 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/m 3



### . ( c b ) PM 2.5 

### : The primary and secondary ambient air quality standards for PM 2.5 

### particulate matter are:

(i) 15 micrograms per cubic meter ( μ g/m 3 

### ) annual arithmetic mean concentration and; (ii) 35 micrograms per cubic meter ( μ g/m 3 

### )

— 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 PM 2.5 

### (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 c ) 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 c opies can be obtained at cost from the Department of Environmental Quality, Division of Air Quality, Cheyenne Office 122 W. 25 th 

### 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) PM 10 

### : The ambient air standards for PM 10 

### 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 PM 10 

### (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 w ith 40 CFR part 53 or an equivalent or alternate method designated in accordance with 40 CFR part 53. (b) PM 2.5 

### : The primary ambient air quality standards for PM 2.5 

### particulate matter are: (i) 12.0 micrograms per cubic meter (μg/m 3 

### ) annual arithmeti c mean concentration and 35 μg/m 3 

### 24

- hour average concentration measured in the ambient air as PM 2.5 

### (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 PM 2.5 

### standard is met when the annual arithmetic mean concentration, as determined in ac cordance with 40 CFR part 50, Appendix N, is less than or equal to 12.0 μg/m 3



### .

### 2

- 2 (iii) The primary 24

- hour PM 2.5 

### 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/m 3



### . (c) PM 2.5 

### : The secondary ambient air quality standards for PM 2.5 

### particulate matter are: (i) 15 micrograms per cubic meter ( μ g/m 3 

### ) annual arithmetic mean concentration and; (ii) 35 micrograms per cubic meter ( μ g/m 3 

### )

— 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 PM 2.5 

### (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 o r 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 Po wder 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, Ch eyenne 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

.