Administrative Rule Review Report  #AR12-004

Legislative Service Office

19-Jan-12

AGENCY: DEQ Air Quality

DATE SUBMITTED: 1/18/2012

SUBJECT: Chapter 3, General Emission Standards; Chapter 5, National Emission Standards; Chapter 6, Permitting Requirements; Chapter 11, National Acid Rain Program; Chapter 14, Emission Trading Program Regulations

NATURE OF RULES:                      Legislative & Procedural.

STATUTORY AUTHORITY:           W.S. 35-11-202

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date. 

SUMMARY OF RULES:

Chapter 3, Section 9 (General Emission Standards – Incorporation by Reference).  Updates the rules to state that all sections of the Code of Federal Regulations (CFR) and all standards of the American Society for Testing and Materials (ASTM) revised and published as of July 1, 2010, which are cited in Chapter 3, are incorporated by reference.  (NOTE:  These rules comply with the requirements of W.S. 16-3-103(h) by stating where copies of the incorporated matter are available at cost from the incorporating agency).

Chapter 5 (National Emissions Standards):

Section 2 (New Source Performance Standards) – Updated to incorporate by reference relevant CFR changes as of July 1, 2010.  Revised to remove certain subparts of 40 CFR 60 for which Wyoming has no sources.  Replaces the word "part" with the word "section" throughout to conform to other air quality rules. 

Section 3 (National Emission Standards for Hazardous Air Pollutants) – Revised to removed certain subparts of 40 CFR 63 for which Wyoming has no sources.  Adds one new subpart.  Replaces the word "part" with the word "section" throughout to conform to other air quality rules.  Incorporates by reference the general provisions of 40 CFR 63, Subpart A and strikes the existing general provisions.  Clarifies that, in addition to an emission permit, an owner may need to obtain a permit under Chapter 6, Section 3 for construction or modification for New Source Pollution Standard sources and an operating permit under Chapter 6, Section 3.

Chapter 6 (Permitting Requirements): 

Section 3 (Operating Permits) – Adds definitions for "Alternative operating scenario" and "Approved replicable methodology."  Includes additional requirements and clarifications for a permit application under this section. 

Section 4 (Prevention of Significant Deterioration) – Includes Fine Particle (PM_2.5) increments to comply with CFR requirements in monitoring requirements. Reflects changes to the State Implantation Plan (SIP).  

Section 5 (Permit Requirements for Construction and Modification of NESHAP Sources) – States that permit requirements for construction and modification of a National Emissions Standards for Hazardous Air Pollutants source are no longer covered under this section, but under Chapter 5, Section 3.  Strikes all existing language in the section.

Section 6 (Permit Requirements for Case-by-Case Maximum Achievable Control Technology (MACT) Determination) – Corrects cross references to NESHAP Sources in Chapter 5, Section 3. 

Section 14 (Incorporation by Reference) - Updates the rules to state that all CFR sections revised and published as of July 1, 2010, which are cited in Chapter 6, are incorporated by reference. 

Chapter 11, Section 2 (National Acid Rain Program, Acid Rain Program) - Updates the rules to state that 40 CFR parts 72-78, revised and published as of July 1, 2010, are incorporated by reference. 

Chapter 14 (Emission Trading Program Regulations):

Section 3 (Sulfur Dioxide Milestone Summary) – Amended to reflect modifications to sulfur dioxide milestone program in response to national litigation. Reflects changes to the State Implantation Plan (SIP).

Section 4 (Mercury Budget Trading Program) – Deleted. This section was created in response to an EPA rule issued in 2005 titled Clean Air Mercury Rule.  The rule was vacated in 2008.

Section 5 (Incorporation by Reference) - Updates the rules to state that all Code of Federal Regulations (CFR) revised and published as of July 1, 2010, which are cited in Chapter 14, are incorporated by reference.  Reflects changes to the State Implantation Plan (SIP).

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

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

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Matthew D. Obrecht

Staff Attorney

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Gerald W. Laska

Staff Attorney

MDO/cj