020-6 Wyo. Code R. § 6-4

Current through April 27, 2019

Section 6-4 - Prevention of significant deterioration

(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 PM_2.5.

• (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 (CO₂ e)" 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 CO₂ e.
  • (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 CO₂ e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy CO₂ e 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 CO₂ e 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 CO₂ e or more; or,
  • (C) A new stationary source that will emit or have the potential to emit 100,000 tpy CO₂ e; or
  • (D) An existing stationary source that emits or has the potential to emit 100,000 tpy CO₂ e, 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 CO₂ e 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 NO_x 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 PM_2.5, 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 NO_x 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 PM_2.5 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 PM_2.5 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-NO_X 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) PM_2.5 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 PM_2.5 and PM₁₀ in PSD permits. Compliance with emissions limitations for PM_2.5 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 PM_2.5 in all attainment and unclassifiable areas.
    • (III) Nitrogen oxides are presumed to be precursors to PM_2.5 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 PM_2.5 concentrations.
    • (IV) Volatile organic compounds are presumed not to be precursors to PM_2.5 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 PM_2.5 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 (H S):	10 tpy
  Total reduced sulfur (including H2 S):	10 tpy
  Reduced sulfur compounds (including H2 S):	10 tpy
  Municipal waste combustor organics (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. Pollutant-emitting 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 003-005-00176 -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.

(b) Any person who plans to construct any major stationary source or undertake a major modification of an existing stationary source shall be subject to the conditions outlined below.

• (i)
  • (A)
    • (I) The review of the stationary source for the construction or modification permit(s) required under Chapter 6, Section 2 of these regulations shall apply and shall be expanded so as to include analysis of the predicted impact of the allowable and secondary emissions from the stationary source on the ambient air quality in areas affected by such emissions. An analysis of the predicted impact of emissions from the stationary source is required for all pollutants for which standards have been established under these regulations or under the Federal Clean Air Act and which are emitted in significant amounts. An analysis of the impact of other pollutants may be required by the Administrator. Such analysis shall identify and quantify the impact on the air quality in the area of all emissions not included in the baseline concentrations including, but not limited to, those emissions resulting from the instant application and all other permits issued in the area. The purpose of this analysis is to determine the total deterioration of air quality from the baseline concentrations; however, projections of deterioration due to general non-stationary source growth in the area predicted to occur after the date of application is not required. A permit to construct pursuant to Chapter 6, Section 2 shall be issued only if the conditions of Chapter 6, Section 2 are complied with and if the predicted impact (over and above the baseline concentration) of emissions defined above is less than the maximum allowable increment shown in Table 1 for the classification of the area in which the impact is predicted, and if the ambient standard for the pollutant(s) is not exceeded.

      Table 1

      Maximum Allowable Increments of Deterioration - µg/m³

      Pollutant	Class I	Class II
      Particulate Matter:
      PM2.5, annual arithmetic mean	1	4
      PM2.5, 24-hr maximum*	2	9
      PM10, annual arithmetic mean	4	17
      PM10, 24-hour maximum*	8	30
      Sulfur Dioxide:
      Annual arithmetic mean	2	20
      24-hour maximum*	5	91
      3-hour maximum*	25	512
      Nitrogen Dioxide
      Annual arithmetic mean	2.5	25

      *Maximum allowable increment may be exceeded once per year at any receptor site.

      • (1.) For purposes of PM_2.5, the demonstration required in paragraph (b)(i)(A)(I) of this section is deemed to have been made if the emissions increase from the new stationary source alone or from the modification alone would cause, in all areas, air quality impacts less than the amounts specified in Table 2.

        Table 2

        PM_2.5 Significant Impact Levels

        Pollutant	Averaging Time	Class I	Class II
        PM2.5	Annual	0.06 µg/m3	0.3 µg/m3
        	24-hour	0.07 µg/m3	1.2 µg/m3

    • (II) Notwithstanding the provisions of paragraph (b)(i)(A)(I) above, the following concentrations shall be excluded in determining compliance with maximum allowable increases:
      • (1.) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both 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) over the emissions from such sources before the effective date of such an order. No such exclusion shall apply for more than five years after the later of such effective dates;
      • (2.) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources before the effective date of such plan. No such exclusion shall apply for more than 5 years after the later of such effective date;
      • (3.) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources;
      • (4.) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentrations; and
      • (5.) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter, or nitrogen oxides from stationary sources as specified below.
        • a. The temporary emissions do not occur for more than 2 years.
        • b. The 2-year time period is not renewable.
        • c. Such temporary emissions are not eligible for exclusion if they would impact a Class I Area or an area where the applicable increment is known to be violated or an area where they would cause or contribute to a violation of the applicable ambient air quality standard.
        • d. At the end of the temporary emission time frame, emissions from the stationary source causing these temporary emissions shall not exceed those levels occurring at such source prior to such temporary emission.
  • (B) In addition to the analyses required under Chapter 6, Section 4(b)(i)(A) above,
    • (I) The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.
    • (II) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated with the source or modification.
  • (C) The requirements for demonstration of compliance with applicable increments of Chapter 6, Section 4(b)(i)(A)(I), the additional analysis requirements of Chapter 6, Section 4(b)(i)(B) and the ambient air quality analysis requirements of Chapter 6, Section 4(b)(i)(E) shall not apply to a proposed major stationary source or modification with respect to a particular pollutant if the Administrator determines that:
    • (I) The increase in allowable emissions of that pollutant from the stationary source or the net emissions increase of that pollutant from a modification would be temporary and would impact no Class I Area and no area where an applicable increment is known to be violated; or
    • (II) The stationary source was in existence on March 1, 1978, and that the maximum allowable emission increases only impact Class II Areas, and that after application of BACT, the increase in allowable emissions of each pollutant would be less than 50 tons per year.
  • (D) Fugitive emissions, to the extent quantifiable, will be considered in calculating the potential to emit of the stationary source or modification only for:
    • (I) Sources listed in Chapter 6, Section 4(a) under the definition of "Major stationary source", item (a).
    • (II) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Clean Air Act.
    • (III) And such other sources as the Environmental Quality Council may later determine.
  • (E) An application subject to this section shall contain an analysis of ambient air quality in the area that would be affected by the stationary source or modification as required below:
    • (I) For each pollutant that the source would have the potential to emit in a significant amount.
    • (II) For the modification, each pollutant for which it would result in a significant net emissions increase.
    • (III) For pollutants for which National Ambient Air Quality Standards have been established, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.
    • (IV) In general, the required continuous air quality monitoring data shall have been gathered over a period of one year immediately preceding receipt of the application. The Administrator may provide that the monitoring period specification may be reduced to a minimum of four months if he is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year.
    • (V) All monitoring conducted pursuant to the requirements of this section shall meet the requirements of Appendix B of 40 CFR part 58.
    • (VI) The requirements for pre-construction monitoring specified above and under Chapter 6, Section 2(b) with respect to monitoring for a particular pollutant may be waived by the Administrator upon petition from an applicant if
      • (1.) The emissions increase of the pollutant from a new stationary source or the net emissions increase of the pollutant from a modification would cause, in any area, air quality impacts less than the following amounts:
        • a. Carbon Monoxide - 575 µg/m³, 8-hour average;
        • b. Nitrogen Dioxide - 14 µg/m³, annual average;
        • c. PM2_.5 - 4 µg/m³, 24-hour average;
        • d. PM₁₀ - 10 µg/m³ of PM₁₀, 24-hour average;
        • e. Sulfur Dioxide - 13 µg/m³, 24-hour average;
        • f. Ozone (No de minimis air quality level is provided for ozone; however, any net emissions increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis, including the gathering of air quality data.)
        • g. Lead - 0.1 µg/m3, 3-month average;
        • h. Fluorides - 0.25 µg/m³, 24-hour average;
        • i. Total Reduced Sulfur - 10 µg/m³, 1-hour average;
        • j. Hydrogen Sulfide - 0.2 µg/m³, 1-hour average;
        • k. Reduced Sulfur Compounds - 10 µg/m³, 1-hour average; or
      • (2.) The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in paragraph (b)(i)(E)(VI)(1.) of this section; or
      • (3.) The pollutant is not listed in paragraph (b)(i)(E)(VI)(1.) of this section.
  • (F) The Administrator may require an applicant subject to the provisions of this section to conduct an approved visibility monitoring program in any Class I Area which may be impacted by emissions from the proposed stationary source.
  • (G) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, then all of the provisions of Chapter 6, Sections 2 and 4 shall apply to the source or modification as though construction had not yet commenced on the source or modification.
  • (H) The following specific provisions apply to projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where the owner or operator elects to use the method specified in paragraphs (i)(A) through (C) of the definition for "Projected actual emissions" for calculating projected actual emissions.
    • (I) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:
      • (1.) A description of the project;
      • (2.) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and
      • (3.) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (i)(C) of the definition for "Projected actual emissions" in Section 4(a) and an explanation for why such amount was excluded, and any netting calculations, if applicable.
    • (II) Before beginning actual construction, the owner or operator shall provide the information set out in paragraph (b)(i)(H)(I) of this section to the Division as a Chapter 6, Section 2 permit application.
    • (III) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in paragraph (b)(i)(H)(I)(2.) of this section; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit.
    • (IV) The owner or operator shall submit a report to the Division within 60 days after the end of each year during which records must be generated under paragraph (b)(i)(H)(III) of this section setting out the unit's annual emissions during the calendar year that preceded submission of the report.
  • (I) The owner or operator of the source shall make the information required to be documented and maintained pursuant to paragraph (b)(i)(H) of this section available for review upon request for inspection by the Division or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3) (viii).
  • (J)
    • (I) Except as otherwise provided in paragraph (b)(xv) of this section, and consistent with the definition of "Major modification" contained in Section 4(a), a project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases - a significant emissions increase (as defined in the definition for "Significant emissions increase" in Section 4(a) ), and a significant net emissions increase (as defined in the definitions for "Net emissions increase" and "Significant" in Section 4(a) ). The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.
    • (II) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to paragraphs (b)(i)(J)(III) through (V) of this section. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition for "Net emissions increase" in Section 4(a). Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.
    • (III) Actual-to-Projected-Actual Applicability Test For Projects That Only Involve Existing Emissions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions (as defined in the definition for "Projected actual emissions" in Section 4(a) ) and the baseline actual emissions (as defined in paragraphs (i) and (ii) in the definition of "Baseline actual emissions" in Section 4(a) ) for each existing emissions unit, equals or exceeds the significant amount for that pollutant (as defined in the definition of "Significant" in Section 4(a) ).
    • (IV) Actual-to-Potential Test For Projects That Only Involve Construction of a New Emissions Unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit (as defined in the definition for "Potential to emit" in Section 4(a) ) from each new emissions unit following completion of the project and the baseline actual emissions (as defined in paragraph (iii) for the definition of "Baseline actual emissions" in Section 4(a) ) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in the definition of "Significant" in Section 4(a) ).
    • (V) Hybrid Test For Projects That Involve Multiple Types of Emissions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraphs (b)(i)(J)(III) and (IV) of this section as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant (as defined in the definition of "Significant" in Section 4(a) ).

• (ii)
  • (A) The required permit shall not be issued unless the proposed major stationary source or major modification would meet an emission limit(s) or equipment standard(s) specified by the Administrator to represent the application of Best Available Control Technology for each pollutant regulated under these Standards and Regulations and under the Federal Clean Air Act and having the potential to emit in significant amounts. For phased construction projects, the determination of BACT shall be reviewed and modified as appropriate at the latest, most reasonable time no later than 18 months prior to commencement of each phase of the proposed project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the stationary source.
  • (B) In the case of a major modification, the requirements for Best Available Control Technology shall apply only to each new or modified emissions unit at which a net emissions increase of the pollutant would occur.
  • (C)
    • (I) The applicant for a permit for a source subject to this section may petition the Administrator to approve a system of innovative control technology.
    • (II) The Administrator, with the approval of the governor(s) of other affected state(s) may approve the employment of a system of innovative control technology if:
      • (1.) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;
      • (2.) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under paragraphs (ii)(A) and (B) above by a date specified by the Administrator. Such date shall not be later than 4 years from the time of startup or 7 years from permit issuance.
      • (3.) The major stationary source or major modification would meet the requirements equivalent to those in paragraphs (b)(i)(A)(I), (b)(ii)(A), and (b)(ii)(B) above based on the emission rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the Administrator.
      • (4.) The source or modification would not before the date specified by the Administrator:
        • a. Cause or contribute to any violation of an applicable National Ambient Air Quality Standard, or
        • b. Impact any Class I Area, or
        • c. Impact any area where an applicable increment is known to be violated.
      • (5.) All other applicable requirements including those for public participation have been met.
    • (III) The approval to employ a system of innovative control technology shall be withdrawn by the Administrator if:
      • (1.) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate, or
      • (2.) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety, or
      • (3.) The Administrator decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.
    • (IV) If the source or modification fails to meet the required level of continuous emissions reduction within the specified time period or if the approval is withdrawn in accordance with (III) above, the Administrator may allow the source or modification up to an additional three years to meet the requirement for the application of BACT through use of a demonstrated system of control.

• (iii) Temporary particulate matter emissions such as those associated with the construction phase of the source shall not be included in the determination on the issuance or denial of a required permit and shall not be taken into account when determining compliance with the maximum allowable increments in Table 1; however, Best Available Control Technology shall be applied to abate such temporary emission.

• (iv) All applications of air quality modeling required under paragraph (b)(i) above shall be based on the applicable models, databases, and other requirements specified in Appendix W of 40 CFR part 51 (Guideline on Air Quality Models). Where an air quality model specified in Appendix W of 40 CFR part 51 (Guideline on Air Quality Models) is inappropriate, the model may be modified or another model substituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific State of Wyoming program. Written approval of the EPA Administrator must be obtained for any modification or substitution. In addition, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in Chapter 6, Section 2(g).

• (v) In any case where the federal official charged with direct responsibility for management of any lands within a Class I Area, or the Administrator of EPA or the governor of an adjacent state containing such a Class I Area, files a notice alleging that emissions from a proposed source or major modification may cause or contribute to a change in the air quality in such area and identifying the potential adverse impact of such change, a permit shall not be issued unless the owner or operator of such source demonstrates to the satisfaction of the Administrator that emissions of particulate matter, sulfur dioxide, and nitrogen oxides will not cause or contribute to concentrations which exceed the maximum allowable increases for the Class I Area in question.

• (vi)
  • (A) In any case where a Federal Land Manager demonstrates to the satisfaction of the Administrator that the emissions from such source will have an adverse impact on the air quality-related values (including visibility) of such Class I Areas, notwithstanding the fact that the change in air quality resulting from emissions from such source will not cause or contribute to concentrations which exceed the maximum allowable increases for Class I Areas, a permit shall not be issued.
  • (B) However, in the case where the Federal Land Manager provides to the Division at least 30 days prior to the Public Notice issued pursuant to Chapter 6, Section 2(m) of these regulations, an analysis of the impact of the emissions on visibility in a Federal Class I Area, the Division must consider such analysis in making its proposed decision. If the Federal Land Manager's analysis concludes that an adverse impact on visibility in the Federal Class I Area will occur but the Administrator determines that the analysis does not demonstrate to his satisfaction that such an adverse impact on visibility will occur, the Administrator shall in the Public Notice issued pursuant to the requirements of Chapter 6, Section 2(m), explain his decision or give notice as to where the explanation can be obtained.

• (vii) In any case where the owner or operator of such source demonstrates to the satisfaction of the Federal Land Manager, and the Federal Land Manager so certifies, that the emissions from such source will have no adverse impact on the air quality-related values of such Class I Areas (including visibility) notwithstanding the fact that the change in air quality resulting from emissions from such source will cause or contribute to concentrations which exceed the maximum allowable increases for Class I Areas, the Administrator may issue a permit.

• (viii) In the case of a permit issued pursuant to subsection (vii), such source shall comply with such emission limitation under such permit as may be necessary to assure that emissions of sulfur oxides, particulate matter, and nitrogen oxides from such source, will not cause or contribute to concentrations of such pollutant which exceeds the following maximum allowable increases over the baseline concentration for such pollutants:

  	Maximum Allowable Increase (micrograms per cubic meter)
  Particulate matter:
  PM2.5, annual arithmetic mean	4
  PM2.5, 24-hr maximum	9
  PM10, annual arithmetic mean	17
  PM10, 24-hour maximum	30
  Sulfur dioxide:
  Annual arithmetic mean	20
  Twenty-four-hour maximum	91
  Three-hour maximum	325
  Nitrogen dioxide:
  Annual arithmetic mean	25

• (ix)
  • (A) In any case where the owner or operator of a proposed major stationary source or major modification who has been denied a certification under subparagraph (vii) demonstrates to the satisfaction of the Governor of Wyoming (hereinafter the Governor), after notice and public hearing, and the Governor finds, that the source cannot be constructed by reason of any maximum allowable increases for sulfur dioxide for periods of twenty-four hours or less applicable to any Class I Area and, in the case of federal Mandatory Class I Areas, that a variance under this clause will not adversely affect the air quality related values of the area (including visibility), the Governor, after consideration of the Federal Land Manager's recommendation (if any) and subject to his concurrence, may grant a variance from such maximum allowable increase. If a variance is granted, a permit may be issued to such source pursuant to the requirements of this subparagraph provided other requirements of this section are met.
  • (B) In the case of a permit issued pursuant to subparagraph (ix)(A), such source shall comply with such emission limitations under such permit as may be necessary to assure that emissions of sulfur oxides from such source will not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which exceed the following maximum allowable increases for such areas over the baseline concentration for such pollutant and to assure that such emissions will not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less on more than 18 days during any annual period.

    	Maximum Allowable Increase (micrograms per cubic meter)
    Period of exposure:
    Low terrain areas:
    24-hr maximum	36
    3-hr maximum	130
    High terrain areas:
    24-hr maximum	62
    3-hr maximum	221

• (x) Notwithstanding other requirements of this section, a portable source which is a major stationary source and which has otherwise received a construction permit under Chapter 6, Sections 2 and 4 shall not be required to obtain additional relocation permits under this section if:
  • (A) Emissions from the source would not exceed allowable emissions; and
  • (B) Such relocation would impact no Class I Area and no area where an applicable increment is known to be violated; and
  • (C) Notice is given to the Division at least 10 days prior to such relocation identifying the proposed new location and the probable duration of operation at such location; and
  • (D) Emissions at the new location will be temporary.

• (xi) After a final decision is made on an application for a source subject to this section, the final decision will be transmitted in writing to the applicant and the final decision and all comments received by the Division during the public comment period will be made available for public inspection in the same location where the application and analysis was posted. A copy of each permit application for each source or modification subject to this section and impacting a Federal Class I Area will be transmitted to EPA. EPA will be provided with notice of each action taken by the Division on such application.

• (xii) [Reserved.]

• (xiii) [Reserved.]

• (xiv) [Reserved.]

• (xv) Actuals Plantwide Applicability Limitations (PALs).
  • (A) Applicability.
    • (I) The Division may approve the use of an actuals PAL for any existing major stationary source if the PAL meets the requirements in paragraphs (b)(xv)(A) through (O) of this section. The term "PAL" shall mean "actuals PAL" throughout paragraph (b)(xv) of this section.
    • (II) Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in paragraphs (b)(xv)(A) through (O) of this section, and complies with the PAL permit:
      • (1.) Is not a major modification for the PAL pollutant;
      • (2.) Does not have to be approved through a Chapter 6, Section 4 permit; and
      • (3.) Is not subject to the provisions in paragraph (b)(i)(G) of this section (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of Chapter 6, Section 4 ).
    • (III) Except as provided under paragraph (b)(xv)(A)(II)(3.) of this section, a major stationary source shall continue to comply with all applicable Federal or State of Wyoming requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL.
  • (B) Definitions. The following definitions shall be used for actuals PALs consistent with paragraphs (b)(xv)(A) through (O) of this section. When a term is not defined in these paragraphs, it shall have the meaning given in Section 4(a) of this section or in the Clean Air Act.

    "Actuals PAL for a major stationary source" means a PAL based on the baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a) ) of all emissions units (as defined in the definition for "Source" in Section 4(a) ) at the source, that emit or have the potential to emit the PAL pollutant.

    "Allowable emissions" has the same meaning as in the definition for "Allowable emissions" in Section 4(a), except as this definition is modified according to paragraphs (i) and (ii) of this definition.

    • (i) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.
    • (ii) An emissions unit's potential to emit shall be determined using the definition of "Potential to emit" in Section 4(a), except that the words "or enforceable as a practical matter" should be added after "enforceable".

    "Major emissions unit" means:

    • (i) Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or
    • (ii) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the Clean Air Act for nonattainment areas. (For example, in accordance with the definition of major stationary source in section 182(c) of the Clean Air Act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year.)

      "PAL effective date" generally means the date of issuance of the PAL permit; however, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

      "PAL effective period" means the period beginning with the PAL effective date and ending 10 years later.

      "PAL major modification" means, notwithstanding the definitions for "Major modification" and "Net emissions increase" of Section 4(a), any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

      "PAL permit" means the Chapter 6, Section 2 or Section 4 permit issued by the Division that establishes a PAL for a major stationary source.

      "PAL pollutant" means the pollutant for which a PAL is established at a major stationary source.

      "Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs (b)(xv)(A) through (O) of this section.

      "Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in the definition for "Significant" in Section 4(a) or in the Clean Air Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in paragraph (b)(xv)(B) for the definition of "Major emissions unit" of this section.

      "Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in the definition for "Significant" in Section 4(a) or in the Clean Air Act, whichever is lower.

  • (C) Permit Application Requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information in paragraphs (b)(xv)(C)(I) through (III) of this section to the Division for approval.
    • (I) A List of All Emissions Units at the Source Designated as Small, Significant or Major Based on Their Potential to Emit. In addition, the owner or operator of the source shall indicate which, if any, Federal or State of Wyoming applicable requirements, emission limitations, or work practices apply to each unit.
    • (II) Calculations of the Baseline Actual Emissions (With Supporting Documentation). Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction.
    • (III) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph (b)(xv)(M)(I) of this section.
  • (D) General Requirements For Establishing PALs.
    • (I) The Division may establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs (b)(xv)(D)(I)(1.) through (7.) of this section are met.
      • (1.) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL.
      • (2.) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (b)(xv)(E) of this section.
      • (3.) The PAL permit shall contain all the requirements of paragraph (b)(xv)(G) of this section.
      • (4.) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source.
      • (5.) Each PAL shall regulate emissions of only one pollutant.
      • (6.) Each PAL shall have a PAL effective period of 10 years.
      • (7.) The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs (b)(xv)(L) through (N) of this section for each emissions unit under the PAL through the PAL effective period.
    • (II) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets under 40 CFR part 51.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.
  • (E) Public Participation Requirements For PALs. PALs for existing major stationary sources shall be established, renewed, or increased, through a procedure that is consistent with Chapter 6, Section 2. This includes the requirement that the Division provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The Division must address all material comments before taking final action on the permit.
  • (F) Setting the 10-Year Actuals PAL Level.
    • (I) Except as provided in paragraph (b)(xv)(F)(II) of this section, the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions (as defined in the definition for "Baseline actual emissions" in Section 4(a) ) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under the definition of "Significant" in Section 4(a) or under the Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units; however, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The Division shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable Federal or State of Wyoming regulatory requirement(s) that the Division is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NO_x to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s).
    • (II) For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in paragraph (b)(xv)(F)(I) of this section, the emissions must be added to the PAL level in an amount equal to the potential to emit of the units.
  • (G) Contents of the PAL Permit. The PAL permit shall contain, at a minimum, the information in paragraphs (b)(xv)(G)(I) through (X) of this section.
    • (I) The PAL pollutant and the applicable source-wide emission limitation in tons per year.
    • (II) The PAL permit effective date and the expiration date of the PAL (PAL effective period).
    • (III) Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in accordance with paragraph (b)(xv)(J) of this section before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Division.
    • (IV) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and malfunctions.
    • (V) A requirement that, once the PAL expires, the major stationary source is subject to the requirements of paragraph (b)(xv)(I) of this section.
    • (VI) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph (b)(xv)(C)(I) of this section.
    • (VII) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under paragraph (b)(xv)(M) of this section.
    • (VIII) A requirement to retain the records required under paragraph (b)(xv)(M) of this section on site. Such records may be retained in an electronic format.
    • (IX) A requirement to submit the reports required under paragraph (b)(xv)(N) of this section by the required deadlines.
    • (X) Any other requirements that the Division deems necessary to implement and enforce the PAL.
  • (H) PAL Effective Period and Reopening of the PAL Permit.
    • (I) PAL Effective Period. The PAL effective period shall be 10 years.
    • (II) Reopening of the PAL Permit.
      • (1.) During the PAL effective period, the Division shall reopen the PAL permit to:
        • a. Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL;
        • b. Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under 40 CFR part 51.165(a)(3)(ii); and
        • c. Revise the PAL to reflect an increase in the PAL as provided under paragraph (b)(xv)(K) of this section.
      • (2.) The Division may reopen the PAL permit for the following:
        • a. Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date;
        • b. Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the Division may impose on the major stationary source; and
        • c. Reduce the PAL if the Division determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an AQRV that has been identified for a Federal Class I Area by a Federal Land Manager and for which information is available to the general public.
      • (3.) Except for the permit reopening in paragraph (b)(xv)(H)(II)(1.)a. of this section for the correction of typographical/calculation errors that do not increase the PAL level, all reopenings shall be carried out in accordance with the public participation requirements of paragraph (b)(xv)(E) of this section.
  • (I) Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in paragraph (b)(xv)(J) of this section shall expire at the end of the PAL effective period, and the requirements in paragraphs (b)(xv)(I)(I) through (V) of this section shall apply.
    • (I) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (b)(xv)(I)(I)(1.) and (2.) of this section.
      • (1.) Within the time frame specified for PAL renewals in paragraph (b)(xv)(J)(II) of this section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Division) by distributing the PAL-allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under paragraph (b)(xv)(J)(V) of this section, such distribution shall be made as if the PAL had been adjusted.
      • (2.) The Division shall decide whether and how the PAL-allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Division determines is appropriate.
    • (II) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Division may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation.
    • (III) Until the Division issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under paragraph (b)(xv)(I)(I)(2.) of this section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation.
    • (IV) Any physical change or change in the method of operation at the major stationary source will be subject to Chapter 6, Section 4 requirements if such change meets the definition of "Major modification" in Section 4(a).
    • (V) The major stationary source owner or operator shall continue to comply with any State of Wyoming or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to paragraph (b)(i)(G) of this section, but were eliminated by the PAL in accordance with the provisions in paragraph (b)(xv)(A)(II)(3.) of this section.
  • (J) Renewal of a PAL.
    • (I) The Division shall follow the procedures specified in paragraph (b)(xv)(E) of this section in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Division.
    • (II) Application Deadline. A major stationary source owner or operator shall submit a timely application to the Division to request renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued.
    • (III) Application Requirements. The application to renew a PAL permit shall contain the information required in paragraphs (b)(xv)(J)(III)(1.) through (4.) of this section.
      • (1.) The information required in paragraphs (b)(xv)(C)(I) through (III) of this section.
      • (2.) A proposed PAL level.
      • (3.) The sum of the potential to emit of all emissions units under the PAL (with supporting documentation).
      • (4.) Any other information the owner or operator wishes the Division to consider in determining the appropriate level for renewing the PAL.
    • (IV) PAL Adjustment. In determining whether and how to adjust the PAL, the Division shall consider the options outlined in paragraphs (b)(xv)(J)(IV)(1.) and (2.) of this section; however, in no case may any such adjustment fail to comply with paragraph (b)(xv)(J)(IV)(3.) of this section.
      • (1.) If the emissions level calculated in accordance with paragraph (b)(xv)(F) of this section is equal to or greater than 80 percent of the PAL level, the Division may renew the PAL at the same level without considering the factors set forth in paragraph (b)(xv)(J)(IV)(2.) of this section; or
      • (2.) The Division may set the PAL at a level that it determines to be more representative of the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the Division in its written rationale.
      • (3.) Notwithstanding paragraphs (b)(xv)(J)(IV)(1.) and (2.) of this section:
        • a. If the potential to emit of the major stationary source is less than the PAL, the Division shall adjust the PAL to a level no greater than the potential to emit of the source; and
        • b. The Division shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of paragraph (b)(xv)(K) of this section (increasing a PAL).
    • (V) If the compliance date for a State of Wyoming or Federal requirement that applies to the PAL source occurs during the PAL effective period, and if the Division has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or Chapter 6, Section 3 operating permit renewal, whichever occurs first.
  • (K) Increasing a PAL During the PAL Effective Period.
    • (I) The Division may increase a PAL emission limitation only if the major stationary source complies with the provisions in paragraphs (b)(xv)(K)(I)(1.) through (4.) of this section.
      • (1.) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL.
      • (2.) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.
      • (3.) The owner or operator obtains a Chapter 6, Section 4 permit for all emissions unit(s) identified in paragraph (b)(xv)(K)(I)(1.) of this section, regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the Chapter 6, Section 4 process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL.
      • (4.) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
    • (II) The Division shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with paragraph (b)(xv)(K)(I)(2.) of this section), plus the sum of the baseline actual emissions of the small emissions units.
    • (III) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of paragraph (b)(xv)(E) of this section.
  • (L) Monitoring Requirements for PALs.
    • (I) General Requirements.
      • (1.) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.
      • (2.) The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in paragraphs (b)(xv)(L)(II)(1.) through (4.) of this section and must be approved by the Division.
      • (3.) Notwithstanding paragraph (b)(xv)(L)(I)(2.) of this section, you may also employ an alternative monitoring approach that meets paragraph (b)(xv)(L)(I)(1.) of this section if approved by the Division.
      • (4.) Failure to use a monitoring system that meets the requirements of this section renders the PAL invalid.
    • (II) Minimum Performance Requirements For Approved Monitoring Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (b)(xv)(L)(III) through (IX) of this section:
      • (1.) Mass balance calculations for activities using coatings or solvents;
      • (2.) CEMS;
      • (3.) CPMS or PEMS; and
      • (4.) Emission factors.
    • (III) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:
      • (1.) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;
      • (2.) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and
      • (3.) Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Division determines there is site-specific data or a site-specific monitoring program to support another content within the range.
    • (IV) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:
      • (1.) CEMS must comply with applicable Performance Specifications found in 40 CFR part 60, Appendix B; and
      • (2.) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions unit is operating.
    • (V) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:
      • (1.) The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and
      • (2.) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Division, while the emissions unit is operating.
    • (VI) Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:
      • (1.) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development;
      • (2.) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and
      • (3.) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months of PAL permit issuance, unless the Division determines that testing is not required.
    • (VII) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.
    • (VIII) Notwithstanding the requirements in paragraphs (b)(xv)(L)(III) through (VIII) of this section, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Division shall, at the time of permit issuance:
      • (1.) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or
      • (2.) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.
    • (IX) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Division. Such testing must occur at least once every 5 years after issuance of the PAL.
  • (M) Recordkeeping Requirements.
    • (I) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of paragraph (b)(xv) of this section and of the PAL, including a determination of each emissions unit's 12-month rolling total emissions, for 5 years from the date of such record.
    • (II) The PAL permit shall require an owner or operator to retain a copy of the following records, for the duration of the PAL effective period plus 5 years:
      • (1.) A copy of the PAL permit application and any applications for revisions to the PAL; and
      • (2.) Each annual certification of compliance pursuant to Chapter 6, Section 3 and the data relied on in certifying the compliance.
  • (N) Reporting and Notification Requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Division in accordance with the applicable Chapter 6, Section 3 operating permit program. The reports shall meet the requirements in paragraphs (b)(xv)(N)(I) through (III) of this section.
    • (I) Semi-annual Report. The semi-annual report shall be submitted to the Division within 30 days of the end of each reporting period. This report shall contain the information required in paragraphs (b)(xv)(N)(I)(1.) through (7.) of this section.
      • (1.) The identification of owner and operator and the permit number.
      • (2.) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to paragraph (b)(xv)(M)(I) of this section.
      • (3.) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions.
      • (4.) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period.
      • (5.) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken.
      • (6.) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by paragraph (b)(xv)(L)(VII) of this section.
      • (7.) A signed statement by the responsible official (as defined by the applicable Chapter 6, Section 3 operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report.
    • (II) Deviation Report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to Chapter 6, Section 3(h)(i)(C)(III) (2.) shall satisfy this reporting requirement.

      The deviation reports shall be submitted within the time limits prescribed by Chapter 6, Section 3(h)(i)(C)(III) (2.). The reports shall contain the following information:

      • (1.) The identification of owner and operator and the permit number;
      • (2.) The PAL requirement that experienced the deviation or that was exceeded;
      • (3.) Emissions resulting from the deviation or the exceedance; and
      • (4.) A signed statement by the responsible official (as defined by the applicable Chapter 6, Section 3 operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report.
    • (III) Re-validation Results. The owner or operator shall submit to the Division the results of any re-validation test or method within three months after completion of such test or method.
  • (O) Transition Requirements.
    • (I) The Division shall not issue a PAL that does not comply with the requirements in paragraphs (b)(xv)(A) through (O) of this section after the Administrator has approved regulations incorporating these requirements into Chapter 6, Section 4.
    • (II) The Division may supersede any PAL which was established prior to the date of approval of this regulation by the Administrator of EPA with a PAL that complies with the requirements of paragraphs (b)(xv)(A) through (O) of this section.

• (xvi) If any provision of this section, or the application of such provision to any person or circumstance, is held invalid, the remainder of this section, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

• (xvii) Transition:
  • (A) The requirements for BACT in Chapter 6, Section 4(b)(ii) and the requirements for air quality analysis in Chapter 6, Section 4(b)(i) shall not apply to a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective on January 25, 1979, if the owner or operator of the source submitted an application for a permit under these regulations before August 7, 1980, and the Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirements of Chapter 6, Section 4 as in effect on January 25, 1979, apply to any such source or modification.
  • (B) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was subject to Chapter 6, Section 4, as effective on January 25, 1979, if the owner or operator of the source or modification submits an application for a permit under these regulations on or before June 8, 1981, and the Administrator subsequently determines that the application submitted before that date was complete with respect to the requirements for ambient air quality data analyses as in effect on January 25, 1979. Instead, the latter requirements shall apply to such source or modification.
  • (C) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular source or modification that was not subject to Chapter 6, Section 4, as effective on January 25, 1979, if the owner or operator of the source or modification submits an application for a permit under these regulations before June 8, 1981, and the Administrator subsequently determines that the application as submitted before that date was complete except with respect to the requirements in paragraph (b)(i)(F).
  • (D) The requirements for air quality monitoring for PM₁₀ in paragraphs (b)(i)(E)(I) through (IV) of this section, effective February 13, 1989, shall not apply to a particular source or modification, if the owner or operator of the source or modification submits an application for a permit under Chapter 6, Section 4 on or before June 1, 1988 and the Administrator subsequently determines that the application submitted before that date was complete, except with respect to the requirements for monitoring particulate matter.
  • (E) The requirements for air quality monitoring of PM₁₀ in paragraphs (b)(i)(E)(IV) through (b)(i)(E)(V) of this section, effective February 13, 1989, shall apply to a particular source or modification if the owner or operator of the source or modification submits an application for a permit under this section after June 1, 1988 and no later than December 1, 1988. The data shall have been gathered over at least the period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (b)(xvii)(G) of this section, except that the Administrator may provide that the monitoring period specification may be reduced to a minimum of four months if he is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over that shorter period of time.
  • (F) For any application under this section that becomes complete except as to the requirements of paragraphs (b)(i)(E)(III) and (b)(i)(E)(IV) pertaining to PM₁₀, after December 1, 1988 and no later than August 1, 1989, the data that paragraph (b)(i)(E)(III) requires will have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwise complete. The Administrator may provide that the monitoring period specification may be reduced to a minimum of four months if he is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over that shorter period of time.
  • (G) With respect to any requirements for air quality monitoring of PM₁₀ specified under paragraphs (b)(xvii)(D) and (b)(xvii)(E) of this section, effective February 13, 1989, the owner or operator of the source or modification shall use a monitoring method approved by the Administrator and shall estimate the ambient concentrations of PM₁₀ using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Administrator.
  • (H) The requirement to demonstrate compliance with the maximum allowable increment for nitrogen dioxide shall not apply to a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective on February 8, 1988, if the owner or operator of the source or modification submits an application for a permit under these regulations on or before October 30, 1990 and the Administrator subsequently determines that the application submitted before that date was complete.
  • (I) The requirement to demonstrate compliance with the maximum allowable increment for PM₁₀ shall not apply to a major stationary source or major modification that was subject to Chapter 6, Section 4, as effective on June 3, 1993, if the owner or operator of the source or modification submits an application for a permit under these regulations on or before the effective date of this regulation revision and the Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirement to demonstrate compliance with the maximum allowable increment for TSP, as in effect at the time the application was submitted, shall apply:

    Maximum Allowable Increments of Deterioration - µg/m³

    Pollutant	Class I	Class II
    Particulate Matter:
    TSP, Annual geometric mean	5	19
    TSP, 24-hour maximum*	10	37

    *Maximum allowable increment may be exceeded once per year at any receptor site.

(c) All national parks, national wilderness areas, and national memorial parks in Wyoming as of January 25, 1979, shall be designated Class I and may not be redesignated. All other areas of the State of Wyoming shall be designated Class II as of the effective date of this regulation.

(d) Redesignation. All redesignation of areas within the State of Wyoming shall be accomplished through the process of establishment of Standards and Regulations set forth in the Wyoming Environmental Quality Act.

• (i) The following areas may be redesignated only as Class I or Class II areas:
  • (A) An area which exceeds 10,000 acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore; and
  • (B) A national park or national wilderness area which exceeds 10,000 acres in size and is established after the effective date of this regulation.

• (ii) Except as provided in paragraph (c) above, any area may be redesignated as Class I or II, with the approval of the Administrator of the Environmental Protection Agency, in accordance with the provisions of paragraph (iii) below; provided, however, that lands within the exterior boundaries of reservations of federally recognized Indian tribes may be redesignated to any class, but only by the appropriate Indian governing body.

• (iii)
  • (A) At least one public hearing must be held in accordance with the provisions for adoption of regulations as set forth in the Administrative Procedures Act and the Wyoming Environmental Quality Act.
  • (B) At least 30 days prior to the public hearing, a description and analysis of the health, environmental, economic, social and energy effects of the proposed redesignation shall be prepared and made available for public inspection. Any person petitioning the Department or Council to redesignate an area shall be responsible for preparing or submitting such description and analysis. Such persons shall also be responsible for revising this required documentation to the extent necessary to satisfy the Administrator of the U.S. EPA. The notice of the public hearing shall contain appropriate notification of the availability of the description and analysis of the proposed redesignation.
  • (C) Agencies from neighboring states, Indian governing bodies, Federal Land Managers, and local governments whose land may be affected by the proposed redesignation shall be notified at least 30 days prior to the hearing.
  • (D) Prior to proposing a redesignation, the Division and the Air Quality Advisory Board shall consult with the elected leadership of local and other substate general purpose governments in the area covered by the redesignation.
  • (E) Prior to public notice of the proposed redesignation the Division shall provide written notice to any Federal Land Manager who may be responsible for any federal lands within the area proposed for such redesignation and shall afford adequate opportunity (but not in excess of 60 days) to confer with the State respecting the intended notice of designation. The Federal Land Manager shall be offered the opportunity to submit written comments and recommendations with respect to such intended notice of redesignation. In redesignating any area with respect to which the federal land manager has submitted written comments and recommendations, the Division will publish a list of any inconsistency between such redesignation and such recommendation with an explanation of such inconsistency (together with the reasons for making such redesignation against the recommendation of the Federal Land Manager).
  • (F) The Council shall review and examine the description and analysis prepared pursuant to subparagraph (iii)(B) above prior to any redesignation.

• (iv)
  • (A) If an area has been proposed for redesignation to a more stringent class, no permit to construct may be granted to a source which may cause an impact in the area proposed for redesignation and for which an application to construct is received by the Division after the filing of the petition for redesignation with the Environmental Quality Council until the proposed redesignation has been acted upon; however, approval may be granted if, in the Administrator's judgment, the proposed source would not violate the applicable increments of the proposed redesignation. Such approval shall be withheld only so long as in the Administrator's judgment, the petitioner is expeditiously proceeding toward development of the "description and analysis" required under (iii)(B) above, and provided that such "description and analysis" is complete and submitted to the Council for action on the petition within 18 months of the filing of the initial petition. Upon good cause shown, the Council may extend the foregoing deadline.
  • (B) Where an application for a permit to construct a source has been received by the Division prior to the receipt by the Council of a petition for redesignation of an area to a more stringent class and where such source may cause an impact in the area proposed for redesignation, the permit application shall be processed considering the classification of an area which existed at the time of permit application. For purposes of establishing a priority date under this Chapter 6, Section 4(d)(vi)(B), (1) such permit application is not required to meet the provisions for completeness in Chapter 6, Section 2, and (2) the time frames in Chapter 6, Section 2(g) for action on applications shall not apply.

    However, a priority date established under Chapter 6, Section 4(d)(vi)(B), shall remain in effect only so long as in the Administrator's judgment, the applicant is expeditiously proceeding toward the development and submittal of such other information and data as required to make the application complete under the provisions of Chapter 6, Section 2, and provided that such other information and data is submitted to, and judged to be complete by the Administrator within 18 months of the filing of the initial permit application. Upon good cause shown, the Administrator may extend the foregoing deadline.

020-6 Wyo. Code R. § 6-4

Amended, Eff. 10/13/2015.

Amended, Eff. 12/20/2016.

Amended, Eff. 2/5/2018.