Section 1. 

Section 2. 

Section 3. 

Section 4. 

Section 5. 

Section 6. 

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY 

AIR QUALITY DIVISION 

STANDARDS AND REGULATrONS 

CHAPTER 1 

COMMON PROVISIONS 

TABLE OF CONTENTS 

Introduction to common provisions 

Authority 

Definitions 

Diluting and concealing emissions 

Unavoidable equipment malfunction 

Credible evidence , 

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Section 5. Unavoidable equipment malfunction. 

(aJ Unavoidable Equipment Malfunction. 

(i) Any source believing that any emissions in excess of established 

regulation limits or standards resulted from an unavoidable equipment malfunction shall 

notify the Division within 24 hours ofthe incident via telephone, electronic mail~ fax, or 

other similar method. A detailed description ofthe circumstances ofthe incident as 

described in paragraph 5(a)(i)(A) ofthis section, including a corrective program directed 

at preventing future such incidents, must be submitted within 14 daysofthe onset of the 

incident. 

(A) In the incident report noted above, the source shall·include any 

relevant evidence, including, but not necessarily limited to, evidence.that (1) there was 

an equipment malfunction beyond the reasonable control ofthe owner or operator; (2) the 

excess emissions could not have been avoided by better operation, maintenance or 

. improved design ofthe malfunctioning component; (3) to the maximum extent 

practicable, the source maintained and operated the air. pollution control equipment and 

process equipment, in a maliner consistent with good practice for minimizing emissions, 

. including minimizing any bypass emissions; (4) any necessary repairs were made as 

quickly as practicable, using off-shift labor and overtime as needed arid possible; (5) all 

practicable steps were taken to minimize the potential impact ofthe excess emissions on 

ambient air quality; and (6) the excess emissions are not part of a recurring pattern that 

may have been caused by inadequate operation or maintenance, or inadequate design of 

the malfunctioning component. 

(ii) The burden'ofproofis on the owner or operator ofthe source to 

provide sufficient information to demonstrate that an unavoidable equipment malfunction 

occurred. 

(b) Enforcement Discretion. 

(i) The Division may elect not to pursue enforcement after considering 

whether excess emissions resulted from an unavoidable equipment malfunction. The 

Division will evaluate, on a case-by-case basis, the information submitted pursuant to 

paragraph (a)(i)(A) ofthis section to determine whether to pursue enforcement action. 

The Administrator may extend the 14-oay time period for the submission ofthe incident 

report for cause. 

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Section 6. Credible evidence. 

(aj For the purpose ofsubmitting compliance certifications or establishing 

whether or not a person has violated or is in violation of any standard in the Wyoming 

state implementation plan, nothing in the Wyoming state implementation plan shall 

preclude the use, including the exclusive use, of any credible evidence or information 

relevant to whether a source would have been in compliance with applicable requiren1ents 

if the appropriate performance or compliance test or procedure had been performed. 

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