Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 6 - Permitting Requirements › Section 6-4 - Prevention of significant deterioration

Current through July 13, 2024
(a) Definitions.
				For purposes of this section:
"Actual emissions"
means the
				  actual rate of emissions of a regulated NSR pollutant from an emissions unit,
				  as determined in accordance with paragraphs (i) through (iii) of this
				  definition, except that this definition shall not apply for calculating whether
				  a significant emissions increase has occurred, or for establishing a PAL under
				  paragraph (b)(xv) of this section. Instead, the definitions for "Projected
				  actual emissions" and "Baseline actual emissions" of this section shall apply
				  for those purposes.
(i) In general,
				actual emissions as of a particular date shall equal the average rate, in tons
				per year, at which the unit actually emitted the pollutant during a consecutive
				24-month period which precedes the particular date and which is representative
				of normal source operation. The Division shall allow the use of a different
				time period upon a determination that it is more representative of normal
				source operation. Actual emissions shall be calculated using the unit's actual
				operating hours, production rates, and types of materials processed, stored, or
				combusted during the selected time period.
(ii) The Division may presume that
				source-specific allowable emissions for the unit are equivalent to the actual
				emissions of the unit.
(iii) For
				any emissions unit that has not begun normal operations on the particular date,
				actual emissions shall equal the potential to emit of the unit on that date.
"Administrator"
means
				  Administrator of the Division of Air Quality, Wyoming Department of
				  Environmental Quality.
"Allowable emissions"
means
				  the emission rate of a stationary source calculated using the maximum rated
				  capacity of the source (unless the source is subject to enforceable permit
				  conditions which limit the operating rate or hours of operation, or both) and
				  the most stringent of the following:
(i) Applicable standards set forth in Chapter
				5, Section 2 or Section 3 of these regulations and other new source performance
				standards and national emission standards for hazardous air pollutants
				promulgated by the EPA but not yet adopted by the State of Wyoming.
(ii) Any other applicable emission limit in
				these regulations.
(iii) The
				emission rate agreed to by the owner or operator as an enforceable permit
				condition.
"Baseline actual emissions"
means the rate of emissions, in tons per year, of a regulated NSR pollutant, as
				  determined in accordance with paragraphs (i) through (iv) of this
				  definition.
(i) For any existing
				electric utility steam generating unit, baseline actual emissions means the
				average rate, in tons per year, at which the unit actually emitted the
				pollutant during any consecutive 24-month period selected by the owner or
				operator within the 5-year period immediately preceding when the owner or
				operator begins actual construction of the project. The Division shall allow
				the use of a different time period upon a determination that it is more
				representative of normal source operation.
(A) The average rate shall include fugitive
				emissions to the extent quantifiable, and emissions associated with startups,
				shutdowns, and malfunctions.
(B)
				The average rate shall be adjusted downward to exclude any non-compliant
				emissions that occurred while the source was operating above an emission
				limitation that was legally enforceable during the consecutive 24-month
				period.
(C) For a regulated NSR
				pollutant, when a project involves multiple emissions units, only one
				consecutive 24-month period must be used to determine the baseline actual
				emissions for the emissions units being changed. A different consecutive
				24-month period can be used for each regulated NSR pollutant.
(D) The average rate shall not be based on
				any consecutive 24-month period for which there is inadequate information for
				determining annual emissions, in tons per year, and for adjusting this amount
				if required by paragraph (i)(B) of this definition.
(ii) For an existing emissions unit (other
				than an electric utility steam generating unit), baseline actual emissions
				means the average rate, in tons per year, at which the emissions unit actually
				emitted the pollutant during any consecutive 24-month period selected by the
				owner or operator within the 10-year period immediately preceding either the
				date the owner or operator begins actual construction of the project, or the
				date a complete permit application is received by the Division for a Chapter 6,
				Section 4 permit, whichever is earlier, except that the 10-year period shall
				not include any period earlier than November 15, 1990.
(A) The average rate shall include fugitive
				emissions to the extent quantifiable, and emissions associated with startups,
				shutdowns, and malfunctions.
(B)
				The average rate shall be adjusted downward to exclude any non-compliant
				emissions that occurred while the source was operating above an emission
				limitation that was legally enforceable during the consecutive 24-month
				period.
(C) The average rate shall
				be adjusted downward to exclude any emissions that would have exceeded an
				emission limitation with which the major stationary source must currently
				comply, had such major stationary source been required to comply with such
				limitations during the consecutive 24-month period; however, if an emission
				limitation is part of a maximum achievable control technology standard that the
				EPA Administrator proposed or promulgated under 40 CFR 63, the baseline actual
				emissions need only be adjusted if the Division has taken credit for such
				emissions reductions in an attainment demonstration or maintenance plan
				consistent with the requirements of
				40 CFR
				51.165(a)(3)(ii)(G).
(D) For a regulated NSR pollutant, when a
				project involves multiple emissions units, only one consecutive 24-month period
				must be used to determine the baseline actual emissions for the emissions units
				being changed. A different consecutive 24-month period can be used for each
				regulated NSR pollutant.
(E) The
				average rate shall not be based on any consecutive 24-month period for which
				there is inadequate information for determining annual emissions, in tons per
				year, and for adjusting this amount if required by paragraphs (ii)(B) and (C)
				of this definition.
(iii) For a new emissions unit, the baseline
				actual emissions for purposes of determining the emissions increase that will
				result from the initial construction and operation of such unit shall equal
				zero; and thereafter, for all other purposes, shall equal the unit's potential
				to emit.
(iv) For a PAL for a
				stationary source, the baseline actual emissions shall be calculated for
				existing electric utility steam generating units in accordance with the
				procedures contained in paragraph (i) of this definition, for other existing
				emissions units in accordance with the procedures contained in paragraph (ii)
				of this definition, and for a new emissions unit in accordance with the
				procedures contained in paragraph (iii) of this definition.
"Baseline area"
means any
				  intrastate area (and every part thereof) designated as attainment or
				  unclassifiable under the Federal Clean Air Act in which a major source or major
				  modification establishing the minor source baseline date would construct or
				  would have an air quality impact for the pollutant for which the baseline date
				  is established as follows: Equal to or greater than 1
				  µg/m3 (annual average) for
				  SO2, NO2, or
				  PM10; or equal to or greater than 0.3
				  µg/m3 (annual average) for
				  PM2.5.
(i) The
				following baseline areas have been designated as separate particulate matter
				attainment areas under section 107 of the Clean Air Act:
(A) The Powder River Basin Area, described as
				that area bounded by Township 40 through 52 North, and Range 69 through 73
				West, inclusive of the Sixth Principal Meridian, Campbell and Converse
				Counties, excluding the areas defined as the Pacific Power and Light attainment
				area and the Hampshire Energy attainment area.
(B) The Pacific Power and Light Area,
				described as that area bounded by the NW¼ of Section 27, T50N, R71W,
				Campbell County, Wyoming.
(C) The
				Hampshire Energy Area, described as that area bounded by Section 6 excluding
				the SW¼; E½ Section 7; Section 17 excluding the SW¼;
				Section 14 excluding the SE¼; Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16
				of T48N, R70W and Section 26 excluding the NE¼; SW¼ Section 23;
				Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35 of T49N, R70W,
				Campbell County, Wyoming.
(D) The
				Kennecott-Puron Area, described as the area bounded by the W½SW¼
				Section 18, W½NW¼, NW¼SW¼ Section 19, T47N, R70W,
				S½ Section 13, N½, N½SW¼, N½SE¼
				Section 24 T47N, R71W, Campbell County, Wyoming.
(E) The remainder of the State of
				Wyoming.
(ii) Any
				baseline area established originally for the TSP increments shall remain in
				effect and shall apply for purposes of determining the amount of available
				PM10 increments.
"Baseline concentration"
means
				  that ambient concentration level which exists in the baseline area at the time
				  of the applicable minor source baseline date. A baseline concentration is
				  determined for each pollutant for which a minor source baseline date is
				  established and shall include:
(i) The
				actual emissions, as defined in this section, representative of sources in
				existence on the applicable minor source baseline date, except as provided in
				paragraph (iv) of this definition;
(ii) The allowable emissions of major
				stationary sources which commenced construction before the major source
				baseline date, but were not in operation by the applicable minor source
				baseline date;
(iii) Contributions
				due to emissions from any emitting source or modification which (1) is not
				listed in Chapter 6, Section 4(a) under the definition for "Major stationary
				source", item (a) and qualified as "major" prior to August 7, 1980 only because
				fugitive emissions were included in determining potential to emit, (2)
				submitted a complete permit application under Chapter 6, Section 4(b) or the
				Federal Clean Air Act prior to August 7, 1980, and (3) was in existence as of
				the minor source baseline date;
(iv) The following will not be included in
				the baseline concentration and will affect the applicable maximum allowable
				increment:
(A) Actual emissions, as defined in
				this section, from any major stationary source on which construction commenced
				after the major source baseline date; and
(B) Actual emissions increases and decreases,
				as determined in accordance with the definition for "Actual emissions" in this
				section, at any stationary source occurring after the minor source baseline
				date.
"Begin actual construction"
means, in general, initiation of physical on-site construction activities on an
				  emissions unit which are of a permanent nature. Such activities include, but
				  are not limited to, installation of building supports and foundations, laying
				  of underground pipework, and construction of permanent storage structures. With
				  respect to a change in method of operation this term refers to those onsite
				  activities, other than preparatory activities, which mark the initiation of the
				  change.
"Best available control
				  technology"
means an emission limitation (including a visible
				  emission standard) based on the maximum degree of reduction of each pollutant
				  subject to regulation under these Standards and Regulations or regulation under
				  the Federal Clean Air Act, which would be emitted from or which results for any
				  proposed major stationary source or major modification which the Administrator,
				  on a case-by-case basis, taking into account energy, environmental, and
				  economic impacts and other costs, determines is achievable for such source or
				  modification through application or production processes and available methods,
				  systems, and techniques, including fuel cleaning or treatment or innovative
				  fuel combustion techniques for control of such pollutant. If the Administrator
				  determines that technological or economic limitations on the application of
				  measurement methodology to a particular emissions unit would make the
				  imposition of an emission standard infeasible, he may instead prescribe a
				  design, equipment, work practice or operational standard or combination thereof
				  to satisfy the requirement of Best Available Control Technology. Such standard
				  shall, to the degree possible, set forth the emission reduction achievable by
				  implementation of such design, equipment, work practice, or operation and shall
				  provide for compliance by means which achieve equivalent results. Application
				  of BACT shall not result in emissions in excess of those allowed under Chapter
				  5, Section 2 or Section 3 of these regulations and any other new source
				  performance standard or national emission standards for hazardous air
				  pollutants promulgated by the EPA but not yet adopted by the State of
				  Wyoming.
"Clean coal technology"
means
				  any technology, including technologies applied at the precombustion,
				  combustion, or post combustion stage, at a new or existing facility which will
				  achieve significant reduction in air emissions of sulfur dioxide or oxides of
				  nitrogen associated with the utilization of coal in the generation of
				  electricity, or process steam which was not in widespread use as of November
				  15, 1990.
"Clean coal technology demonstration
				  project"
means a project using funds appropriated under the
				  heading "Department of Energy-Clean Coal Technology", up to a total amount of
				  $2,500,000,000 for commercial demonstration of clean coal technology, or
				  similar projects funded through appropriations for the Environmental Protection
				  Agency. The Federal contribution for a qualifying project shall be at least 20
				  percent of the total cost of the demonstration project.
"Commenced"
, as applied to
				  construction of a major stationary source or major modification, means that the
				  owner or operator has obtained a Construction Permit required by Chapter 6,
				  Section 2 and either has (i) begun, or caused to begin, a continuous program of
				  actual on-site construction of the source or (ii) entered into binding
				  agreements or contractual obligations, which cannot be canceled or modified
				  without substantial loss to the owner or operator, to undertake a program of
				  construction of the source to be completed within a reasonable time.
"Complete"
means, in reference
				  to an application for a permit, that the application contains all the
				  information necessary for processing the application. Designating an
				  application complete for purposes of permit processing does not preclude the
				  Division from requesting or accepting any additional information.
"Construction"
means any
				  physical change or change in the method of operation (including fabrication,
				  erection, installation, demolition, or modification of an emissions unit) which
				  would result in a change in emissions.
"Continuous emissions monitoring system
				  (CEMS)"
means all of the equipment that may be required to meet
				  the data acquisition and availability requirements of this section, to sample,
				  condition (if applicable), analyze, and provide a record of emissions on a
				  continuous basis.
"Continuous emissions rate monitoring system
				  (CERMS)"
means the total equipment required for the
				  determination and recording of the pollutant mass emissions rate (in terms of
				  mass per unit of time).
"Continuous parameter monitoring system
				  (CPMS)"
means all of the equipment necessary to meet the data
				  acquisition and availability requirements of this section, to monitor process
				  and control device operational parameters (for example, control device
				  secondary voltages and electric currents) and other information (for example,
				  gas flow rate, O2 or CO2
				  concentrations), and to record average operational parameter value(s) on a
				  continuous basis.
"Electric utility steam generating
				  unit"
means any steam electric generating unit that is
				  constructed for the purpose of supplying more than one-third of its potential
				  electric output capacity and more than 25 MW electrical output to any utility
				  power distribution system for sale. Any steam supplied to a steam distribution
				  system for the purpose of providing steam to a steam-electric utility steam
				  generator that would produce electrical energy for sale is also considered in
				  determining the electrical energy output capacity of the affected
				  facility.
"Emissions unit"
means any
				  part of a stationary source that emits or would have the potential to emit any
				  regulated NSR pollutant and includes an electric utility steam generating unit
				  as defined in this section. For purposes of this section, there are two types
				  of emissions units as described in paragraphs (i) and (ii) of this
				  definition.
(i) A new emissions unit
				is any emissions unit that is (or will be) newly constructed and that has
				existed for less than 2 years from the date such emissions unit first
				operated.
(ii) An existing
				emissions unit is any emissions unit that does not meet the requirements in
				paragraph (i) of this definition.
"Enforceable"
means all
				  limitations and conditions which are enforceable under provisions of the
				  Wyoming Environmental Quality Act and/or are federally enforceable by the
				  Administrator of the EPA, including those requirements developed pursuant to 40
				  CFR parts 60 and 61, requirements within the State Implementation Plan, and any
				  permit requirements established pursuant to
				  40 CFR
				  52.21 or under regulations approved pursuant
				  to 40 CFR 51.18 or
				  51.166.
"Federal Land Manager"
means,
				  with respect to any lands in the United States, the Secretary of the Department
				  with authority over such lands.
"Fugitive emissions"
means
				  those emissions which could not reasonably pass through a stack, chimney, vent,
				  or other functionally equivalent opening.
"Greenhouse gases (GHGs)"
, the
				  air pollutant defined as the aggregate group of six greenhouse gases: carbon
				  dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and
				  sulfur hexafluoride, shall not be subject to regulation except as provided in
				  paragraph (iii) of this definition.
(i) For purposes of paragraphs (ii) and (iii)
				of this definition, the term
"tpy CO2
				equivalent emissions (CO2e)"
shall
				represent an amount of GHGs emitted, and shall be computed as follows:
(A) Multiplying the mass amount of emissions
				(tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's
				associated global warming potential published at Table A-1 to Subpart A of 40
				CFR part 98 --Global Warming Potentials. Table A-1 to Subpart A of 40 CFR part
				98 is adopted by reference.
(B) Sum
				the resultant value from paragraph (i)(A) of this definition for each gas to
				compute a tpy CO2e.
(C) Prior to July 21, 2014, the mass of the
				greenhouse gas carbon dioxide shall not include carbon dioxide emissions
				resulting from the combustion or decomposition of non-fossilized and
				biodegradable organic material originating from plants, animals, or
				micro-organisms (including products, by-products, residues and waste from
				agriculture, forestry and related industries as well as the non-fossilized and
				biodegradable organic fractions of industrial and municipal wastes, including
				gases and liquids recovered from the decomposition of non-fossilized and
				biodegradable organic material).
(ii) The term
"emissions
				increase"
as used in paragraph (iii) of this definition shall
				mean that both a significant emissions increase (as calculated using the
				procedures in (b)(i)(J) of this section) and a significant net emissions
				increase (as "net emissions increase" and "significant" are defined in this
				section) occur. For the pollutant GHGs, an emissions increase shall be based on
				tpy CO2e, and shall be calculated assuming the pollutant
				GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy
				CO2e instead of applying the provisions in paragraphs
				(ii) or (iii) of the definition of "significant" in this section.
(iii) The pollutant GHGs is subject to
				regulation if the stationary source is:
(A) A
				new major stationary source for a regulated NSR pollutant that is not GHGs, and
				also will emit or will have the potential to emit 75,000 tpy
				CO2e or more; or
(B) An existing major stationary source for a
				regulated NSR pollutant that is not GHGs, and also will have an emissions
				increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy
				CO2e or more; or,
(C) A new stationary source that will emit or
				have the potential to emit 100,000 tpy CO2e;
				or
(D) An existing stationary
				source that emits or has the potential to emit 100,000 tpy
				CO2e, when such stationary source undertakes a physical
				change or change in the method of operation that will result in an emissions
				increase of 75,000 tpy CO2e or more.
"High terrain"
means any area
				  having an elevation 900 feet or more above the base of the stack of a
				  source.
"Indian Governing Body"
means
				  the governing body of any tribe, band, or group of Indians subject to the
				  jurisdiction of the United States and recognized by the United States as
				  possessing power of self-Government.
"Indian Reservation"
means any
				  federally recognized reservation established by treaty, agreement, executive
				  order, or act of Congress.
"Innovative control
				  technology"
means any system of air pollution control that has
				  not been adequately demonstrated in practice, but would have a substantial
				  likelihood of achieving greater continuous emissions reduction than any control
				  system in current practice or of achieving at least comparable reductions at
				  lower cost in terms of energy, economics, or non air quality environmental
				  impacts.
"Lowest achievable emission rate
				  (LAER)"
means, for any source, the more stringent rate of
				  emissions based on the following:
(i)
				The most stringent emissions limitation which is contained in the
				implementation plan of any State for such class or category of stationary
				source, unless the owner or operator of the proposed stationary source
				demonstrates that such limitations are not achievable; or
(ii) The most stringent emissions limitation
				which is achieved in practice by such class or category of stationary sources.
				This limitation, when applied to a modification, means the lowest achievable
				emissions rate for the new or modified emissions units within a stationary
				source. In no event shall the application of the term permit a proposed new or
				modified stationary source to emit any pollutant in excess of the amount
				allowable under an applicable new source standard of performance.
"Low terrain"
means any area
				  other than high terrain.
"Major modification"
means any
				  physical change in or change in the method of operation of a major stationary
				  source that would result in: a significant emissions increase (as defined in
				  the definition for "Significant emissions increase" in this section) of a
				  regulated NSR pollutant (as defined in the definition for "Regulated NSR
				  pollutant" in this section); and a significant net emissions increase of that
				  pollutant from the major stationary source. Any significant emissions increase
				  (as defined in the definition for "Significant emissions increase" in this
				  section) from any emissions units or net emissions increase (as defined in the
				  definition for "Net emissions increase" in this section) at a major stationary
				  source that is significant for volatile organic compounds or NOx shall be
				  considered significant for ozone.
(i)
				A physical change or change in the method of operation shall not include:
(A) Routine maintenance, repair and
				replacement.
(B) Use of an
				alternative fuel by reason of an order under section 125 of the Federal Clean
				Air Act;
(C) An increase in the
				hours of operation or in the production rate, if such increase does not exceed
				the operating design capacity of the major stationary source unless such change
				would be prohibited by, or inconsistent with, an enforceable permit issued by
				the Division;
(D) Use of an
				alternative fuel or raw material by reason of an order in effect under sections
				2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974
				(or any superseding legislation), or by reason of a natural gas curtailment
				plan in effect pursuant to the Federal Power Act;
(E) Use of an alternative fuel or raw
				material, if prior to January 6, 1975, the source was capable of accommodating
				such fuel or material unless such change would be prohibited by, or
				inconsistent with, an enforceable permit issued by the Division, or if the
				source is approved to use such fuel or material through an enforceable permit
				issued under these regulations;
(F)
				Change in ownership of the stationary source;
(G) The use of municipal solid waste as an
				alternative fuel at a steam generating plant;
(H) The installation, operation, cessation or
				removal of a temporary clean coal technology demonstration project, provided
				that the project complies with:
(I) The
				Wyoming State Implementation Plan, and
(II) Other requirements necessary to attain
				and maintain the national ambient air quality standards during the project and
				after it is terminated.
(I) The installation or operation of a
				permanent clean coal technology demonstration project that constitutes
				repowering, provided that the project does not result in an increase in the
				potential to emit of any regulated pollutant emitted by the unit. This
				exemption shall apply on a pollutant-by-pollutant basis.
(J) The reactivation of a very clean
				coal-fired electric utility steam generating unit.
(ii) This definition shall not apply with
				respect to a particular regulated NSR pollutant when the major stationary
				source is complying with the requirements under paragraph (b)(xv) of this
				section for a PAL for that pollutant. Instead, the definition in paragraph
				(b)(xv)(B) for "PAL major modification" of this section shall apply.
"Major source baseline date"
means:
(i) In the case of
				PM10 and sulfur dioxide, January 6, 1975; and
(ii) In the case of nitrogen dioxide,
				February 8, 1988.
(iii) In the case
				of PM2.5, October 20, 2010.
"Major stationary source"
means
(a) any of the following
				stationary sources of air pollutants which emit, or have the potential to emit,
				one hundred tons per year or more of any air pollutant for which standards are
				established under these Standards and Regulations or under the Federal Clean
				Air Act, except for sources of GHGs addressed separately under (e) of this
				definition: fossil fuel-fired steam electric plants of more than two hundred
				and fifty million British thermal units per hour heat input, coal cleaning
				plants (with thermal dryers), kraft pulp mills, Portland Cement plants, primary
				zinc smelters, iron and steel mill plants, primary aluminum ore reduction
				plants (with thermal dryers), primary copper smelters, municipal incinerators
				capable of charging more than two hundred and fifty tons of refuse per day,
				hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime
				plants, phosphate rock processing plants, coke oven batteries, sulfur recovery
				plants, carbon black plants (furnace process), primary lead smelters, fuel
				conversion plants, sintering plants, secondary metal production plants,
				chemical process plants (which does not include ethanol production facilities
				that produce ethanol by natural fermentation included in NAICS codes 325193 or
				312140), fossil fuel boilers (or combinations thereof) of more than two hundred
				and fifty million British thermal units per hour heat input, petroleum storage
				and transfer plants with a capacity exceeding three hundred thousand barrels,
				taconite ore processing plants, glass fiber processing plants, charcoal
				production plants.
(b) Such term
				also includes any stationary source which emits, or has the potential to emit,
				two hundred and fifty tons per year or more of any air pollutant for which
				standards are established under these Standards and Regulations or under the
				Federal Clean Air Act, except for sources of GHGs addressed separately under
				(e) of this definition.
(c) Such
				term also includes any physical change that would occur at a stationary source
				not otherwise qualifying under this definition if the change would constitute a
				major stationary source by itself.
(d) A major source which is major for
				volatile organic compounds or NOx is considered to be
				major for ozone.
(e) Such term also
				includes any source of greenhouse gases as defined in Chapter 6, Section 4(a),
				but only if: the greenhouse gases are subject to regulation under subsection
				(iii) of that definition, and the source's potential to emit greenhouse gases
				exceeds 100 tpy on a mass basis if listed under (a) of this definition of
				"Major stationary source" or 250 tpy on a mass basis if listed under (b) of
				this definition of "Major stationary source."
"Minor source baseline date"
means the earliest date after August 7, 1977 for PM10
				  and sulfur dioxide, and after February 8, 1988 for nitrogen oxides, and after
				  October 20, 2011 for PM2.5 on which a major stationary
				  source or major modification submits a complete permit application under
				  Chapter 6, Section 4(b) or under the Federal Clean Air Act.
(i) The minor source baseline date
				for sulfur dioxide for the State of Wyoming is February 2, 1978.
(ii) The minor source baseline date for
				nitrogen oxides for the State of Wyoming is February 26, 1988.
(iii) The minor source baseline date for
				PM10 is as follows:
(A) For the Powder River Basin Area - March
				6, 1997;
(B) For the Pacific Power
				and Light Area - June 18 1980;
(C)
				For the Hampshire Energy Area - September 30, 1982;
(D) For the Kennecott-Puron Area - February
				27, 1995;
(E) For the rest of the
				State of Wyoming - February 22, 1979.
(iv) The minor source baseline date for
				PM2.5 is as follows:
(A) For Laramie County - March 1,
				2012;
(B) For the City of Cheyenne
				- March 1, 2012;
(C) For Carbon
				County - May 1, 2012;
(D) For
				Sweetwater County - December 12, 2012.
(v) The baseline date is established for each
				pollutant for which increments or other equivalent measures have been
				established, if:
(A) The area in which the
				proposed source or modification would construct is designated as attainment or
				unclassifiable under the Federal Clean Air Act for the pollutant on the date of
				its complete application; and
(B)
				In the case of a major stationary source, the pollutant would be emitted in
				significant amounts, or in the case of a major modification, there would be a
				significant net emissions increase of the pollutant.
(vi) The baseline date is not established by
				the permit application for an emitting source or modification which (1) is not
				listed in Chapter 6, Section 4(a) under the definition for "Major stationary
				source", item (a), (2) qualified as "major" prior to August 7, 1980 only
				because fugitive emissions were included in determining potential to emit, and
				(3) submitted a complete permit application under Chapter 6, Section 4(b) or
				the Federal Clean Air Act prior to August 7, 1980.
(vii) Any minor source baseline date
				established originally for the TSP increments shall remain in effect and shall
				apply for purposes of determining the amount of available
				PM10 increments.
"Net emissions increase"
means, with respect to any regulated NSR pollutant emitted by a major
				  stationary source, the amount by which the sum of the following exceeds
				  zero:
(i) The increase in emissions
				from a particular physical change or change in the method of operation at a
				stationary source as calculated pursuant to paragraph (b)(i)(J) of this
				section;
(ii) Any other increases
				and decreases in actual emissions at the major stationary source that are
				contemporaneous with the particular change and are otherwise creditable.
				Baseline actual emissions for calculating increases and decreases under this
				paragraph (ii) shall be determined as provided in the definition for "Baseline
				actual emissions", except that paragraphs (i)(C) and (ii)(D) of the definition
				for "Baseline actual emissions" shall not apply.
(iii) An increase or decrease in actual
				emissions is contemporaneous with the increase from the particular change only
				if it occurs between:
(A) The date five years
				before construction on the particular change commences; and
(B) The date that the increase from the
				particular change occurs.
(iv) An increase or decrease in actual
				emissions is creditable only if:
(A) The
				Division has not relied on it in issuing a Chapter 6, Section 4 permit for the
				source, which is in effect when the increase in actual emissions from the
				particular change occurs.
(v) An increase or decrease in actual
				emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs
				before the applicable minor source baseline date is creditable only if it is
				required to be considered in calculating the amount of maximum allowable
				increases remaining available.
(vi)
				An increase in actual emissions is creditable only to the extent that the new
				level of actual emissions exceeds the old level.
(vii) A decrease in actual emissions is
				creditable only to the extent that:
(A) The
				old level of actual emissions or the old level of allowable emissions,
				whichever is lower, exceeds the new level of actual emissions;
(B) It is enforceable as a practical matter
				at and after the time that actual construction on the particular change
				begins;
(C) It has approximately
				the same qualitative significance for public health and welfare as that
				attributed to the increase from the particular change; and
(viii) An increase that results from a
				physical change at a source occurs when the emissions unit on which
				construction occurred becomes operational and begins to emit a particular
				pollutant. Any replacement unit that requires shakedown becomes operational
				only after a reasonable shakedown period, not to exceed 180 days.
(ix) The definition of "Actual emissions" of
				this section, shall not apply for determining creditable increases and
				decreases.
"Potential to emit"
means the
				  maximum capacity of a stationary source to emit a pollutant under its physical
				  and operational design. Any physical or operational limitation on the capacity
				  of the source to emit a pollutant, including air pollution control equipment
				  and restrictions on hours of operation or the type or amount of material
				  combusted, stored, or processed, shall be treated as part of its design if the
				  limitation or the affect it would have on emissions is enforceable. Secondary
				  emissions do not count in determining the potential to emit of a stationary
				  source.
"Predictive emissions monitoring system
				  (PEMS)"
means all of the equipment necessary to monitor process
				  and control device operational parameters (for example, control device
				  secondary voltages and electric currents) and other information (for example,
				  gas flow rate, O2 or CO2
				  concentrations), and calculate and record the mass emissions rate (for example,
				  lb/hr) on a continuous basis.
"Project"
means a physical
				  change in, or change in method of operation of, an existing major stationary
				  source.
"Projected actual emissions"
means the maximum annual rate, in tons per year, at which an existing emissions
				  unit is projected to emit a regulated NSR pollutant in any one of the 5 years
				  (12-month period) following the date the unit resumes regular operation after
				  the project, or in any one of the 10 years following that date, if the project
				  involves increasing the emissions unit's design capacity or its potential to
				  emit that regulated NSR pollutant, and full utilization of the unit would
				  result in a significant emissions increase, or a significant net emissions
				  increase at the major stationary source.
(i) In determining the projected actual
				emissions under the above paragraph of this section (before beginning actual
				construction), the owner or operator of the major stationary source:
(A) Shall consider all relevant information,
				including but not limited to, historical operational data, the company's own
				representations, the company's expected business activity and the company's
				highest projections of business activity, the company's filings with the State
				or Federal regulatory authorities, and compliance plans approved by the
				Division;
(B) Shall include
				fugitive emissions to the extent quantifiable and emissions associated with
				startups, shutdowns, and malfunctions;
(C) Shall exclude, in calculating any
				increase in emissions that results from the particular project, that portion of
				the unit's emissions following the project that an existing unit could have
				accommodated during the consecutive 24-month period used to establish the
				baseline actual emissions under the definition for "Baseline actual emissions"
				of this section and that are also unrelated to the particular project,
				including any increased utilization due to product demand growth; or,
(D) In lieu of using the method set out in
				paragraphs (i)(A) through (C) of this definition, may elect to use the
				emissions unit's potential to emit, in tons per year, as defined under the
				definition of "Potential to emit" of this section.
"Reactivation of a very clean coal-fired
				  electric utility steam generating unit"
means any physical
				  change or change in the method of operation associated with the commencement of
				  commercial operations by a coal-fired utility unit after a period of
				  discontinued operation where the unit:
(i) Has not been in operation for the
				two-year period prior to the enactment of the Clean Air Act Amendments of 1990,
				and the emissions from such unit continue to be carried in the State of
				Wyoming's emissions inventory at the time of enactment;
(ii) Was equipped prior to shut-down with a
				continuous system of emissions control that achieves a removal efficiency for
				sulfur dioxide of no less than 85 percent and a removal efficiency for
				particulates of not less than 98 percent;
(iii) Is equipped with low-NOX burners prior
				to the time of commencement of operations following reactivation; and
(iv) Is otherwise in compliance with the
				requirements of the Clean Air Act.
"Regulated NSR pollutant"
, for
				  purposes of this section, means the following:
(i) Any pollutant for which a national
				ambient air quality standard has been promulgated. This includes, but is not
				limited to, the following:
(A)
				PM2.5 emissions and PM10
				emissions shall include gaseous emissions from a source or activity which
				condense to form particulate matter at ambient temperatures. On or after
				January 1, 2011, such condensable particulate matter shall be accounted for in
				applicability determinations and in establishing emissions limitations for
				PM2.5 and PM10 in PSD permits.
				Compliance with emissions limitations for PM2.5 and
				PM10 issued prior to this date shall not be based on
				condensable particulate matter unless required by the terms and conditions of
				the permit or the applicable implementation plan. Applicability determinations
				made prior to this date without accounting for condensable particulate matter
				shall not be considered in violation of this subsection unless the applicable
				implementation plan required condensable particulate matter to be
				included;
(B) Any pollutant
				identified under this paragraph as a constituent or precursor to a pollutant
				for which a national ambient air quality standard has been promulgated.
				Precursors identified by the EPA Administrator for purposes of NSR are the
				following:
(I) Volatile organic compounds and
				nitrogen oxides are precursors to ozone in all attainment and unclassifiable
				areas.
(II) Sulfur dioxide is a
				precursor to PM2.5 in all attainment and unclassifiable
				areas.
(III) Nitrogen oxides are
				presumed to be precursors to PM2.5 in all attainment and
				unclassifiable areas, unless the State demonstrates to the EPA Administrator's
				satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources
				in a specific area are not a significant contributor to that area's ambient
				PM2.5 concentrations.
(IV) Volatile organic compounds are presumed
				not to be precursors to PM2.5 in any attainment or
				unclassifiable area, unless the State demonstrates to the EPA Administrator's
				satisfaction or EPA demonstrates that emissions of volatile organic compounds
				from sources in a specific area are a significant contributor to that area's
				ambient PM2.5 concentrations.
(ii) Any pollutant that is subject
				to any standard promulgated under section 111 of the Federal Clean Air
				Act;
(iii) Any Class I or II
				substance subject to a standard promulgated under or established by Title VI of
				the Federal Clean Air Act;
(iv) Any
				pollutant that otherwise is subject to regulation under the Federal Clean Air
				Act; except that any or all hazardous air pollutants either listed in section
				112 of the Federal Clean Air Act or added to the list pursuant to section
				112(b)(2) of the Federal Clean Air Act, which have not been delisted pursuant
				to section 112(b)(3) of the Federal Clean Air Act, are not regulated NSR
				pollutants unless the listed hazardous air pollutant is also regulated as a
				constituent or precursor of a general pollutant listed under section 108 of the
				Federal Clean Air Act.
(v)
				[Reserved.]
"Replacement unit"
means an
				  emissions unit for which all the criteria listed in this section are met. No
				  creditable emission reductions shall be generated from shutting down the
				  existing emissions unit that is replaced.
(i) The emissions unit is a reconstructed
				unit within the meaning of 40 CFR part 60.15(b)(1) , or the emissions unit
				completely takes the place of an existing emissions unit.
(ii) The emissions unit is identical to or
				functionally equivalent to the replaced emissions unit.
(iii) The replacement does not change the
				basic design parameter(s) (as discussed in 40 CFR part 51.166(y)(2) ) of the
				process unit.
(iv) The replaced
				emissions unit is permanently removed from the major stationary source,
				otherwise permanently disabled, or permanently barred from operation by a
				permit that is enforceable as a practical matter. If the replaced emissions
				unit is brought back into operation, it shall constitute a new emissions unit.
"Repowering"
means replacement
				  of an existing coal-fired boiler with one of the following clean coal
				  technologies: atmospheric or pressurized fluidized bed combustion, integrated
				  gasification combined cycle, magnetohydrodynamics, direct and indirect
				  coal-fired turbines, integrated gasification fuel cells, or as determined by
				  the Administrator of EPA, in consultation with the Secretary of Energy, a
				  derivative of one or more of these technologies, and any other technology
				  capable of controlling multiple combustion emissions simultaneously with
				  improved boiler or generation efficiency and with significantly greater waste
				  reduction relative to the performance of technology in widespread commercial
				  use as of November 15, 1990.
(i)
				Repowering shall also include any oil and/or gas-fired unit which has been
				awarded clean coal technology demonstration funding as of January 1, 1991, by
				the Department of Energy.
(ii) The
				Administrator shall give expedited consideration to permit applications for any
				source that satisfies the requirements of this subsection and is granted an
				extension under section 409 of the Clean Air Act.
"Secondary emissions"
means
				  emissions which occur as a result of the construction or operation of a major
				  stationary source or major modification, but do not come from the major
				  stationary source or major modification itself. For the purposes of this
				  section, secondary emissions must be specific, well defined, quantifiable, and
				  impact the same general areas as the stationary source or modification which
				  causes the secondary emissions. Secondary emissions include emissions from any
				  offsite support facility which would not be constructed or increase its
				  emissions except as a result of the construction or modification of the major
				  stationary source or major modification. Secondary emissions do not include any
				  emissions which come directly from a mobile source, such as emissions from the
				  tailpipe of a motor vehicle or from a train.
"Significant"
means:
(i) In reference to a net emissions increase
				or the potential of a source to emit any of the following pollutants, a rate of
				emissions that would equal or exceed any of the following rates:
POLLUTANT AND EMISSIONS RATE
Carbon monoxide:
100 tons per year (tpy)
Nitrogen oxides:
40 tpy
Sulfur dioxide:
40 tpy
Particulate matter:
25 tpy of particulate matter emissions; 15 tpy of
							 PM10 emissions
PM2.5:
10 tpy of direct PM2.5
							 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide
							 emissions unless demonstrated not to be a PM2.5
							 precursor under the definition of "Regulated NSR pollutant" in Section 4(a) of
							 this chapter
Ozone:
40 tpy of volatile organic compounds or nitrogen
							 oxides
Lead:
0.6 tpy
Fluorides:
3 tpy
Sulfuric acid mist:
7 tpy
Hydrogen sulfide
							 (H2S):
10 tpy
Total reduced sulfur (including
							 H2S):
10 tpy
Reduced sulfur compounds (including
							 H2S): Municipal waste combustor organics
10 tpy
(measured as total tetra- through octa-chlorinated
							 dibenzo-p-dioxins and dibenzofurans):
3.2 x 10-6 megagrams per
							 year (3.5 x 10-6 tons per year)
Municipal waste combustor metals (measured as
							 particulate matter):
14 megagrams per year (15 tons per year)
Municipal waste combustor acid gases (measured as
							 sulfur dioxide and hydrogen chloride)
36 megagrams per year (40 tons per year)
Municipal solid waste landfill emissions (measured
							 as nonmethane organic compounds):
45 megagrams per year (50 tons per year)
(ii)
				"Significant" means, in reference to a net emissions increase or the potential
				of a source to emit a pollutant subject to these regulations and regulations
				under the Clean Air Act, that paragraph (i) above does not list, any emissions
				rate.
(iii) Notwithstanding
				paragraph (i) above, "significant" means any emissions rate or any net
				emissions increase associated with a major stationary source or major
				modification which would construct within 10 kilometers of a Class I Area, and
				have an impact on such area equal to or greater than 1
				µg/m3 (24-hour average).
"Significant emissions
				  increase"
means, for a regulated NSR pollutant, an increase in
				  emissions that is significant (as defined in paragraph (i) of the definition of
				  "Significant" in this section) for that pollutant.
"Stationary source"
means any
				  structure, building, facility, equipment, installation or operation (or
				  combination thereof) which emits or may emit any air pollutant subject to these
				  regulations or regulations under the Federal Clean Air Act.
"Structure, building, facility, equipment,
				  installation, or operation"
means all of the pollutant-emitting
				  activities which belong to the same industrial grouping, are located on one or
				  more contiguous or adjacent properties, and are under the control of the same
				  person (or persons under common control) except the activities of any vessel.
				  Pollutantemitting activities shall be considered as part of the same industrial
				  grouping if they belong to the same
Major Group
(i.e., which have the same two-digit code) as described in the
Standard Industrial Classification Manual, 1972
,
				  as amended by the 1977 Supplement (U.S. Government Printing Office stock
				  numbers 4101-0066 and 003-00500176-0, respectively).
"Temporary clean coal technology demonstration
				  project"
means a clean coal technology demonstration project
				  that is operated for a period of 5 years or less, and which complies with the
				  Wyoming State Implementation Plan and other requirements necessary to attain
				  and maintain the national ambient air quality standards during the project and
				  after it is terminated.
"Volatile organic compounds
				  (VOCs)"
is defined in Chapter 3, Section 6(a) of these
				  regulations.