020-6 Wyo. Code R. § 6-9
(a) Applicability. The provisions of this regulation apply to existing stationary facilities, as defined in Section 9(b) of this chapter.
(b) Definitions.
"Adverse impact on visibility" means visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairments, and how these factors correlate with 1) times of visitor use of the Federal Class I area, and 2) the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas.
"Applicable technology" means a commercially available control option that has been or is soon to be deployed (e.g., is specified in a permit) on the same or a similar source type or a technology that has been used on a pollutant-bearing gas stream that is the same or similar to the gas stream characteristics of the source.
"Available technology" means that a technology is licensed and available through commercial sales.
"Average cost effectiveness" means the total annualized costs of control divided by annual emissions reductions (the difference between baseline annual emissions and the estimate of emissions after controls). For the purposes of calculating average cost effectiveness, baseline annual emissions means a realistic depiction of anticipated annual emissions for the source. The source or the Division may use State or Federally enforceable permit limits or estimate the anticipated annual emissions based upon actual emissions from a representative baseline period.
"BART alternative" means an alternative measure to the installation, operation, and maintenance of BART that will achieve greater reasonable progress toward national visibility goals than would have resulted from the installation, operation, and maintenance of BART at BART-eligible sources within industry source categories subject to BART requirements.
"Best available retrofit technology (BART)" means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant that is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and non air quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source or unit, the remaining useful life of the source or unit, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.
"Deciview" means a measurement of visibility impairment. A deciview is a haze index derived from calculated light extinction, such that uniform changes in haziness correspond to uniform incremental changes in perception across the entire range of conditions, from pristine to highly impaired. The deciview haze index is calculated based on the following equation (for the purposes of calculating deciview, the atmospheric light extinction coefficient must be calculated from aerosol measurements):
Deciview haze index = 10 lne (bext /10 Mm-1)
Where bext = the atmospheric light extinction coefficient, expressed in inverse megameters (Mm-1).
"Existing stationary facility" means any of the following stationary sources of air pollutants, including any reconstructed source, which was not in operation prior to August 7, 1962, and was in existence on August 7, 1977, and has the potential to emit 250 tons per year or more of any visibility impairing air pollutant. In determining potential to emit, fugitive emissions, to the extent quantifiable, must be counted.
- (i) Fossil fuel-fired steam electric plants of more than 250 million British thermal units (BTU) per hour heat input that generate electricity for sale.
- (A) Boiler capacities shall be aggregated to determine the heat input of a plant.
- (B) Includes plants that co-generate steam and electricity and combined cycle turbines.
- (ii) Coal cleaning plants (thermal dryers).
- (iii) Kraft pulp mills.
- (iv) Portland cement plants.
- (v) Primary zinc smelters.
- (vi) Iron and steel mill plants.
- (vii) Primary aluminum ore reduction plants.
- (viii) Primary copper smelters.
- (ix) Municipal incinerators capable of charging more than 250 tons of refuse per day.
- (x) Hydrofluoric, sulfuric, and nitric acid plants.
- (xi) Petroleum refineries.
- (xii) Lime plants.
- (xiii) Phosphate rock processing plants. Includes all types of phosphate rock processing facilities, including elemental phosphorous plants as well as fertilizer production plants.
- (xiv) Coke oven batteries.
- (xv) Sulfur recovery plants.
- (xvi) Carbon black plants (furnace process).
- (xvii) Primary lead smelters.
- (xviii) Fuel conversion plants.
- (xix) Sintering plants.
- (xx) Secondary metal production facilities. Includes nonferrous metal facilities included within Standard Industrial Classification code 3341, and secondary ferrous metal facilities in the category "iron and steel mill plants".
- (xxi) Chemical process plants. Includes those facilities within the 2-digit Standard Industrial Classification 28, including pharmaceutical manufacturing facilities.
- (xxii) Fossil fuel boilers of more than 250 million BTUs per hour heat input.
- (A) Individual boilers greater than 250 million BTU/hr, considering federally enforceable operational limits.
- (B) Includes multi-fuel boilers that burn at least fifty percent fossil fuels.
- (xxiii) Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels.
- (A) 300,000 barrels refers to total facility-wide tank capacity for tanks put in place after August 7, 1962 and in existence on August 7, 1977.
- (B) Includes gasoline and other petroleum-derived liquids.
- (xxiv) Taconite ore processing facilities.
- (xxv) Glass fiber processing plants.
- (xxvi) Charcoal production facilities. Includes charcoal briquette manufacturing and activated carbon production.
"Incremental cost effectiveness" means the comparison of the costs and emissions performance level of a control option to those of the next most stringent option, as shown in the following formula:
Incremental Cost Effectiveness (dollars per incremental ton removed) = [(Total annualized costs of control option) - (Total annualized costs of next control option)] ÷ [(Next control option annual emissions) - (Control option annual emissions)]
"In existence" means that the owner or operator has obtained all necessary preconstruction approvals or permits required by Federal, State, or local air pollution emissions and air quality laws or regulations and either has 1) begun, or caused to begin, a continuous program of physical on-site construction of the facility or 2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the facility to be completed in a reasonable time.
"In operation" means engaged in activity related to the primary design function of the source.
"Integral vista" means a view perceived from within the mandatory Class I Federal area of a specific landmark or panorama located outside the boundary of the mandatory Class I Federal area.
"Natural conditions" means naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration.
"Plant" means all emissions units at a stationary source.
"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 on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.
"Visibility-impairing air pollutant" includes the following:
- (i) Sulfur dioxide (SO2);
- (ii) Nitrogen oxides (NOx); and
- (iii) Particulate matter. (PM10 will be used as the indicator for particulate matter. Emissions of PM10 include the components of PM2.5 as a subset).
(c) Guidelines for BART Determinations.
(d) Identification of Sources Subject to BART.
(e) BART Requirements.
(f) BART Alternative.
(g) Monitoring, Recordkeeping and Reporting. The owner or operator of any existing stationary facility that is required to install best available retrofit technology or an approved BART alternative shall conduct monitoring, recordkeeping and reporting sufficient to show compliance or noncompliance on a continuous basis.
020-6 Wyo. Code R. § 6-9
Amended, Eff. 10/13/2015.
Amended, Eff. 12/20/2016.
Amended, Eff. 2/5/2018.