020-6 Wyo. Code R. § 6-3

Current through April 27, 2019

Section 6-3 - Operating permits

(a) Applicability. The following sources are subject to the operating permit requirements of this section:

• (i) Any major source;

• (ii) Any source, including an area source, subject to a standard, limitation, or other requirement under section 111 of the Act and Chapter 5, Section 2 of the WAQSR;

• (iii) Any source, including an area source, subject to a standard or other requirement under section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) of the Act;

• (iv) Any "affected source" subject to the acid rain provisions of Title IV of the Act;

• (v) Any stationary source subject to preconstruction review requirements pursuant to the Prevention of Significant Deterioration of Chapter 6, Section 4 of the WAQSR;

• (vi) Any other stationary source in a source category that the EPA may designate by regulation pursuant to the authority granted under the Act;

• (vii) The following sources are specifically exempt from operating permit requirements of this section:
  • (A) Sources subject to Chapter 5, Section 2, Subpart AAA -Standards of Performance for New Residential Wood Heaters; and
  • (B) Sources subject to the asbestos standards for demolition and renovation of Chapter 3, Section 8.

• (viii) Permitted sources which are not subject to the requirements of this section must obtain an operating permit under Chapter 6, Section 2 of the WAQSR;

• (ix) Research and Development Activities. Emissions from research and development facilities which are support facilities collocated with another source under common ownership or control must be included (along with other emissions from the source) in determining the applicability of Chapter 6, Section 3 if fifty (50) percent or more of the output from the research and development facility is used by the main activity at the source. Otherwise, research and development operations may be considered as separate and discrete stationary sources in determining whether such operations are subject to Chapter 6, Section 3 operating permit requirements.

• (x) Emissions Units and Chapter 6, Section 3 Sources.
  • (A) For major sources, the Division shall include in the permit all applicable requirements for all relevant emissions units in the major source;
  • (B) For any nonmajor source subject to the Chapter 6, Section 3 program under paragraph Chapter 6, Section 3(a), the Division shall include in the permit all applicable requirements applicable to emissions units that cause the source to be subject to the Chapter 6, Section 3 program.

• (xi) Fugitive Emissions. Fugitive emissions from a Chapter 6, Section 3 source shall be included in the permit application and the Chapter 6, Section 3 permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.

(b) Definitions. The following definitions apply to Chapter 6, Section 3. Unless defined differently below, the meaning of the terms used in this section is the same as in Chapter 1, Section 3; Chapter 5, Section 2; Chapter 6, Section 4 of the WAQSR.

"Act" means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.

"Affected source" shall have the meaning given to it in regulations promulgated under Title IV of the Act for the acid rain program.

"Affected states" are all states:

• (i) Whose air quality may be affected and that are contiguous to the State of Wyoming where an operating permit, permit modification or permit renewal subject to the provisions of this section is being proposed; or

• (ii) That are within fifty miles of the permitted source.

  "Affected unit" shall have the meaning given to it in the regulations promulgated under Title IV of the Act.

  "Alternative operating scenario (AOS)" means a scenario authorized by the Division in an operating permit that involves a change in a source subject to this section for a particular emissions unit, that either results in the unit being subject to one or more applicable requirements which differ from those applicable to the emissions unit prior to implementation of the change or renders inapplicable one or more requirements previously applicable to the emissions unit prior to implementation of the change.

"Applicable requirement" means all of the following as they apply to emissions units at a source subject to this section (including requirements with future effective compliance dates that have been promulgated or approved by the EPA or the State through rulemaking at the time of issuance of the operating permit):

• (i) Any standard or other requirement provided for in the Wyoming implementation plan approved or promulgated by the EPA under Title I of the Act that implements the relevant requirements of the Act, including any revisions to the plan promulgated in 40 CFR part 52;

• (ii) Any standards or requirements in the WAQSR which are not a part of the approved Wyoming implementation plan and are not federally enforceable;

• (iii) Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C or D of the Act and including Chapter 5, Section 2 and Chapter 6, Sections 2 and 4 of the WAQSR;

• (iv) Any standard or other requirement promulgated under section 111 of the Act, including section 111(d) and Chapter 5, Section 2 of the WAQSR;

• (v) Any standard or other requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7) of the Act and including any regulations promulgated by the EPA and the State pursuant to Section 112 of the Act;

• (vi) Any standard or other requirement of the acid rain program under Title IV of the Act or the regulations promulgated thereunder;

• (vii) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act concerning enhanced monitoring and compliance certifications;

• (viii) Any standard or other requirement governing solid waste incineration, under section 129 of the Act;

• (ix) Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act (having to do with the release of volatile organic compounds under ozone control requirements);

• (x) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the EPA has determined that such requirements need not be contained in a Title V permit;

• (xi) Any national ambient air quality standard or increment or visibility requirement under part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of the Act;

• (xii) Any state ambient air quality standard or increment or visibility requirement of the WAQSR;

• (xiii) Nothing under the definition of "Applicable requirement" in paragraph (b) of this section shall be construed as affecting the allowance program and Phase II compliance schedule under the acid rain provision of Title IV of the Act.

"Approved replicable methodology (ARM)" means an operating permit term that:

• (i) Specifies a protocol which is consistent with and implements an applicable requirement, or requirement of this section, such that the protocol is based on sound scientific and/or mathematical principles and provides reproducible results using the same inputs; and

• (ii) Require the results of that protocol to be recorded and used for assuring compliance with such applicable requirement, any other applicable requirement implicated by implementation of the ARM, or requirement of this section, including where an ARM is used for determining applicability of a specific requirement to a particular change.

  "Commencement of operation" means the setting into operation of a new or modified source (subject to the provisions of this section) for any purpose.

  "Department" means the Wyoming Department of Environmental Quality or its Director.

  "Designated representative" or "alternate designated representative" shall have the meaning given to it in the regulations promulgated under Title IV of the Act.

  "Division" means the Air Quality Division of the Wyoming Department of Environmental Quality or its Administrator.

  "Draft permit" means the version of a permit for which the Division offers public notice and an opportunity for public comment and hearing.

  "Emissions allowed under the permit" means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

  "Emissions unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act. This term is not meant to alter or affect the definition of the term "unit" for purposes of Title IV of the Act.

  "EPA" means the Administrator of the U.S. Environmental Protection Agency or the Administrator's designee.

  "Final permit" means the version of an operating permit under this section issued by the Division that has completed all review procedures required by Chapter 6, Section 3(d) and Section 3(e).

  "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

  "General permit" means an operating permit under this section that meets the requirements of Chapter 6, Section 3(i).

  "Greenhouse gases (GHGs)" means the air pollutant defined as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

"Major source" means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person or persons under common control) belonging to a single major industrial grouping and this is described in paragraphs (i), (ii), or (iii) of this definition. For the purpose of defining "major source", a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

• (i) A major source under section 112 of the Act, which is defined as:
  • (A) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the EPA may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or
  • (B) For radionuclides, "major source" shall have the meaning specified by the EPA by rule.

• (ii) A major stationary source of air pollutants, as defined in section 302 of the Act, that directly emits or has the potential to emit, 100 tpy or more of any air pollutant including any major source of fugitive emissions of any such pollutant, as determined by rule by the EPA, except that a source that meets this definition for only GHGs and no other air pollutant, shall not be required to comply with the provisions of this section. Emissions of air pollutants regulated solely due to section 112(r) of the Act shall not be considered in determining whether a source is a "major source" for purposes of Chapter 6, Section 3 applicability. The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source unless the source belongs to one of the following categories of stationary sources:
  • (A) Stationary sources listed under the definition for "Major stationary source", item (a), in Chapter 6, Section 4(a) of the WAQSR; or
  • (B) Any other stationary source category, which as of August 7, 1980 is being regulated under section 111 or 112 of the Act.

• (iii) A major stationary source as defined in part D of Title I of the Act (in reference to sources located in nonattainment areas).

  "Operating permit" means any permit or group of permits covering a source under this section that is issued, renewed, amended, or revised pursuant to this section.

  "Permit modification" means a revision to an operating permit that meets the requirements of Chapter 6, Section 3(d)(vi).

  "Permit revision" means any permit modification or administrative permit amendment.

  "Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air 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 is enforceable by the EPA and the Division. This term does not alter or affect the use of this term for any other purposes under the Act, or the term "capacity factor" as used in Title IV of the Act or the regulations promulgated thereunder.

  "Proposed permit" means the version of a permit that the Division proposes to issue and forwards to the EPA for review.

"Regulated air pollutant" means the following:

• (i) Nitrogen oxides (NO_x) or any volatile organic compound;

• (ii) Any pollutant for which a national ambient air quality standard has been promulgated;

• (iii) Any pollutant that is subject to any standard established in Chapter 5, Section 2 of the WAQSR or section 111 of the Act;

• (iv) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act; or

• (v) Any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the Act, including sections 112(g), (j), and (r) of the Act, including the following:
  • (A) Any pollutant subject to requirements under section 112(j) of the Act. If the EPA fails to promulgate a standard by the date established pursuant to section 112(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) of the Act; and
  • (B) Any pollutant for which the requirements of section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to section 112(g)(2) requirement.

• (vi) Pollutants regulated solely under section 112(r) of the Act are to be regulated only with respect to the requirements of section 112(r) for permits issued under this section.

"Regulated pollutant (for fee calculation)" , which is used only for purposes of Chapter 6, Section 3(f), means any "regulated air pollutant" except the following:

• (i) Carbon monoxide;

• (ii) Any pollutant that is a regulated air pollutant solely because it is a Class I or II substance subject to a standard promulgated under or established by Title VI of the Act; or

• (iii) Any pollutant that is a regulated air pollutant solely because it is subject to a standard or regulation under section 112(r) of the Act.

  "Renewal" means the process by which a permit is reissued at the end of its term.

"Responsible official" means one of the following:

• (i) For a Corporation:
  • (A) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
  • (B) A duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:
    • (I) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
    • (II) The delegation of authority to such representative is approved in advance by the Division.

• (ii) For a Partnership or Sole Proprietorship: a general partner or the proprietor, respectively;

• (iii) For a Municipality, State, Federal, or Other Public Agency: Either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency; or

• (iv) For Affected Sources:
  • (A) The designated representative or alternate designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and
  • (B) The designated representative, alternate designated representative, or responsible official under the definition for "Responsible official" in Chapter 6, Section 3(b) for all other purposes under this section.

    "Section 502(b)(10) changes" are changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting or compliance certification requirements.

    "Source" means any stationary source or area source (if subject to a standard, limitation or other requirement under section 111 or 112 of the Act).

    "State" means any non-Federal permitting authority, including any local agency, interstate association, or statewide program. "State" shall have its conventional meaning where such meaning is clear from the context.

    "Stationary source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act.

    "tpy CO₂ equivalent emissions (CO₂ e)" shall represent an amount of GHGs emitted, and shall be computed by 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, and summing the resultant value for each to compute a tpy CO₂ e. 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 microorganisms (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). Table A-1 to Subpart A of 40 CFR part 98 is adopted by reference.

    "WAQSR" means the Wyoming Air Quality Standards and Regulations promulgated under the Wyoming Environmental Quality Act, W.S. § 35-11-101 et seq.

(c) Permit Applications. Any stationary source or group of stationary sources subject to this section shall submit a timely and complete permit application in accordance with this paragraph.

• (i) Timely Application.
  • (A) A timely application for a source applying for an operating permit under this section for the first time is one that is submitted to the Division within twelve (12) months after the source becomes subject to this section.
  • (B) Every stationary source or group of stationary sources which are subject to this section under paragraph (a), and which is required to obtain a construction or modification permit under Chapter 5, Section 2 or Chapter 6, Section 2 or 4 of the WAQSR or section 112(g) of the Act shall file a complete application to obtain an operating permit within twelve (12) months after commencing operation. Where an existing operating permit would prohibit such construction or change in operation, the owner or operator must obtain a permit revision before commencing operation.
  • (C) For the purpose of an operating permit renewal, a timely application is one that is submitted at least six (6) months, but no earlier than eighteen (18) months, prior to the date of the permit expiration.
  • (D) Transition Period. Initial operating permit applications for sources subject to this section shall be submitted as follows:
    • (I) Permit applications for operating natural gas compressor engines, operating natural gas sweetening plants, and operating natural gas processing plants subject to the standards of performance of Subpart KKK of Chapter 5, Section 2 of the WAQSR, shall be submitted within four (4) months of the EPA's approval of this operating permit program, but not later than November 15, 1995. This requirement for the early submittal of permit applications includes only major sources as defined in Chapter 6, Section 3(b).
    • (II) Permit applications for all other operating sources subject to this section shall be submitted within twelve (12) months of the EPA's approval of this operating permit program, but not later than November 15, 1995.
    • (III) Applications for affected facilities addressing State and federal requirements, other than Title IV acid rain program requirements, shall be submitted to the Division within twelve (12) months of EPA approval of the operating permit program, but no later than November 15, 1995. Applications for phase II acid rain permits and all other acid rain permits for affected facilities shall be submitted in accordance with the acid rain permit application deadlines of Chapter 11, Section 2(c)(i)(B).
    • (IV) All sources listed at Chapter 6, Section 3(a) that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to section 129(e) of the Act, shall submit a permit application pursuant to this section at such time as the EPA requires such sources to obtain an operating permit in final regulations promulgated pursuant to Title V of the Act.

• (ii) Complete Application.
  • (A) Operating permit applications shall be submitted on the Division's standard operating permit application forms and any required EPA Title IV acid rain permit forms. The information which must be included in the permit application is specified below:
    • (I) Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact.
    • (II) A description of the source's processes and products (by Standard Industrial Classification Code) including those associated with any proposed AOS identified by the source.
    • (III) The following emissions related information:
      • (1.) All emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. The permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit. Sufficient information shall be provided to verify which requirements are applicable to the source, and other information necessary to collect any permit fees owed under the fee schedule developed pursuant to Chapter 6, Section 3(f).

        The source shall not be required to furnish the above information for insignificant activities and emission levels such as maintenance, cleaning and painting, welding, chemical storage and transfer, and other activities which are incidental to the source's primary business activity and which result in emissions of less than one ton per year of a regulated pollutant not included in the section 112(b) list of hazardous air pollutants or emissions less than 1,000 pounds per year of a pollutant regulated pursuant to listing under section 112(b) of the Act. Provided however, such emission levels of hazardous air pollutants do not exceed exemptions based on insignificant emission levels established by EPA through rulemaking for modification under section 112(g) of the Act. The source shall list such insignificant activities, proposed for exclusion, in its application and certify that emissions from each of these activities are less than the above quantities. Activities and emissions which have applicable requirements shall not be excluded from the operating permit application.

      • (2.) Identification and description of all emission points and fugitive emission sources in sufficient detail to establish the basis for fees and applicability of requirements of the Act and the WAQSR.
      • (3.) Emission rates in tons per year and in such terms as are necessary to establish compliance consistent with the applicable emission standard and reference test method. For emissions units subject to an annual emissions cap, tpy can be reported as part of the aggregate emissions associated with the cap, except where more specific information is needed, including where necessary to determine and/or assure compliance with the applicable requirement.
      • (4.) The following information to the extent it is emissions related: fuels, fuel use, raw materials, production rates, and operating schedules.
      • (5.) Identification and description of air pollution control equipment and compliance monitoring devices or activities.
      • (6.) Limitations on source operations affecting emissions or any work practice standards, where applicable, for all regulated pollutants.
      • (7.) Other information required by any applicable requirements (including information related to stack height limitations pursuant to Chapter 6, Section 2 ).
      • (8.) Calculations on which the information in items (1.) through (7.) is based.
    • (IV) The following air pollution control requirements:
      • (1.) Citation and description of all applicable requirements; and
      • (2.) Description of or reference to any applicable test method for determining compliance with each applicable requirement and permit limitation.
    • (V) Other specific information that may be necessary to implement, and enforce other requirements of the Act and the WAQSR or to determine the applicability of such requirements.
    • (VI) An explanation of any proposed exemptions from otherwise applicable requirements.
    • (VII) Additional information as determined to be necessary by the Division to define proposed AOSs identified by the source pursuant to Chapter 6, Section 3(h)(i)(I) or to define permit terms and conditions implementing Chapter 6, Section 3(h)(i)(J). The permit application shall include documentation demonstrating that the source has obtained authorization(s) required under the applicable requirements relevant to any proposed AOSs, or a certification that the source has submitted all relevant materials to the appropriate permitting authority for obtaining such authorization(s).
    • (VIII) A compliance plan that contains the following:
      • (1.) A description of the compliance status of the source with respect to all applicable requirements.
      • (2.) A description as follows:
        • a. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.
        • b. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis.
        • c. For requirements for which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements.
        • d. For applicable requirements associated with a proposed AOS, a statement that the source will meet such requirements upon implementation of the AOS. If the proposed AOS would implicate an applicable requirement that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis.
      • (3.) A compliance schedule as follows:
        • a. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.
        • b. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.
        • c. A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.
        • d. For applicable requirements associated with a proposed AOS, a statement that the source will meet such requirements upon implementation of the AOS. If a proposed AOS would implicate an applicable requirement that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term will satisfy this provision unless a more detailed schedule is expressly required by the applicable requirement.
      • (4.) A schedule for submission of certified progress reports where applicable no less frequently than every six months for sources required to have a schedule of compliance to remedy a violation.
      • (5.) The compliance plan content requirements specified in this paragraph shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.
    • (IX) Requirements for compliance certification, including the following:
      • (1.) A certification of compliance with all applicable requirements by a responsible official consistent with Chapter 6, Section 3(c)(iv) and section 114(a)(3) of the Act;
      • (2.) A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;
      • (3.) A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or this Division; and
      • (4.) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act.
    • (X) The use of nationally standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under Title IV of the Act.
  • (B) Confidential Information. As provided in sections 35-11-1101(a) and 35-11-205(d) of the Wyoming Environmental Quality Act, upon a satisfactory showing that records, reports or information or particular parts thereof, other than emission and pollution data, if made public would divulge trade secrets, the records, reports or information or particular portions thereof shall be treated as confidential by the Division. The Division may also request under Chapter 6, Section 3(h)(i)(F)(V) that the applicant provide this information directly to the EPA.
    • (I) An applicant who submits information which it desires to be held confidential may do so by stamping the information as "Confidential" and submitting it in a separate envelope marked "Confidential".

• (iii) Duty to Supplement. Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit.

• (iv) Certification. Any application form, report, or compliance certification submitted pursuant to the WAQSR shall require certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this section shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

(d) Permit Issuance, Renewal, Reopenings, and Revisions.

• (i) Action on Application.
  • (A) A permit, permit revision, or renewal may be issued only if all of the following conditions have been met:
    • (I) The Division has received a complete application for a permit, permit modification, or permit renewal, except that a complete application need not be received before issuance of a general permit under Chapter 6, Section 3(i);
    • (II) Except for modifications qualifying for minor permit modification procedures under Chapter 6, Section 3(d)(vi), the Division has complied with the requirements for public participation specified in this section;
    • (III) The Division has complied with the requirements for notifying and responding to affected States as required in this section;
    • (IV) The conditions of the permit provide for compliance with all applicable requirements and requirements of this section; and
    • (V) The EPA has received a copy of the proposed permit and any notices required under this section, and has not objected to the issuance of the permit within the time period specified in this section.
  • (B) Except for permits issued during the initial transitional period or under regulations promulgated under Title IV of the Act for permitting affected units under the acid rain program, the Division shall take final action on each permit application, including a request for a permit modification or renewal within 18 months after receiving a complete permit application.
  • (C) Within 60 days of the receipt of the application, the Division shall provide notice of whether the application is complete. Unless additional information is requested subject to the application or if the applicant is otherwise notified of incompleteness, the application shall be deemed complete after this 60-day period. A completeness determination will not be made for minor permit modifications under Chapter 6, Section 3(d)(vi)(A) and (B).
  • (D) The Division shall provide a statement that sets forth the legal and factual basis for the draft permit conditions (including references to the applicable statutory or regulatory provisions). The Division will provide this statement to the EPA and any other person who requests it.
  • (E) The submittal of a complete permit application shall not affect the requirement that any source have a preconstruction permit under Chapter 6, Section 2 or 4 of the WAQSR.

• (ii) Requirement for a Permit. Except as provided in this paragraph or in Chapter 6, Section 3(d)(iii), no source requiring an operating permit under Chapter 6, Section 3 may operate after the time that it is required to submit a timely and complete application, except in compliance with a permit issued under this section. If a source submits a timely and complete application for permit issuance (including for renewal), the source's failure to have an operating permit is not a violation of this section until the Division takes final action on the permit application, except as noted in this paragraph. This protection shall cease to apply after a completeness determination made pursuant to Chapter 6, Section 3(d)(i)(C), if the applicant fails to submit by the deadline specified in writing by the Division any additional information identified as being needed to process the application.

• (iii) Changes for Which No Permit Revision is Required.
  • (A) A source may change operations without a permit revision, as allowed under section 502(b)(10) of the Act and W.S. § 35-11-206(f)(iii), provided that:
    • (I) The change is not a modification under any provision of Title I of the Act and does not violate applicable acid rain requirements under Title IV of the Act;
    • (II) The change has met the requirements of Chapter 6, Section 2 and is not a modification under Chapter 5, Section 2 or Chapter 6, Section 4 of the WAQSR and the changes do not exceed the emissions allowed under the permit (whether expressed therein as a rate of emissions or in terms of total emissions); and
    • (III) The source provides the EPA and the Division with written notification at least fourteen (14) days in advance of the proposed change. The source, the EPA, and the Division shall attach such notice to their copy of the relevant permit.
      • (1.) For each such change, the written notification required shall include a brief description of the change within the permitted source, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change.
      • (2.) The permit shield described in Chapter 6, Section 3(k) shall not apply to any change made pursuant to Chapter 6, Section 3(d)(iii).

• (iv) Permit Renewal and Expiration.
  • (A) Permits being renewed are subject to the same procedural requirements, including those for public participation, and affected State and EPA review, that apply to initial permit issuance.
  • (B) Permit expiration terminates the source's right to operate unless a timely and complete renewal application has been submitted consistent with Chapter 6, Section 3(d)(ii) and Chapter 6, Section 3(c)(i)(C).

• (v) Administrative Permit Amendments.
  • (A) An "administrative permit amendment" is a permit revision that can accomplish one or more of the following changes:
    • (I) Corrects typographical errors;
    • (II) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;
    • (III) Requires more frequent monitoring or reporting by the permittee;
    • (IV) Allows for a change in ownership or operational control of a source where the Division determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage and liability between the current and new permittees has been submitted to the Division;
    • (V) Incorporates into the operating permit the requirements from preconstruction review permits issued pursuant to Chapter 6, Sections 2 and 4 of the WAQSR, provided that the process for issuing the preconstruction permit meets procedural requirements substantially equivalent to those that would be applicable under Chapter 6, Section 3(d) and (e) if the change were subject to review as an operating permit modification, and that the permit meets compliance requirements substantially equivalent to those of Chapter 6, Section 3(h); or
    • (VI) Incorporates any other type of change which the EPA has determined as part of the approved operating permit program to be similar to Chapter 6, Section 3(d)(v)(A)(I) through (V) above.
  • (B) Administrative permit amendments for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the Act.
  • (C) An administrative permit amendment may be made by the Division consistent with the following:
    • (I) The Division shall take final action on a request for an administrative permit amendment within 60 days from the receipt of the request, and may incorporate such changes without providing notice to the public or affected States provided that it designates any such permit revisions as having been made pursuant to this paragraph.
    • (II) The Division shall submit a copy of the revised permit to the EPA.
    • (III) The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.
  • (D) The Division may, upon taking final action granting a request for an administrative permit amendment, allow coverage by the permit shield in Chapter 6, Section 3(k) for administrative permit amendments made pursuant to Chapter 6, Section 3(d)(v)(A)(V) which meet the relevant requirements of Chapter 6, Section 3(d), 3(h), and 3(e) for significant permit modifications.

• (vi) Permit Modification. A permit modification is any revision to an operating permit which cannot be accomplished as an administrative permit amendment under Chapter 6, Section 3(d)(v). A permit modification for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the Act.
  • (A) Minor Permit Modification Procedures.
    • (I) Criteria.
      • (1.) Minor permit modification procedures shall be used only for those permit modifications that:
        • a. Do not violate any applicable requirement;
        • b. Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit;
        • c. Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;
        • d. Do not seek to change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed in order to avoid an otherwise applicable requirement. Such terms and conditions include:
          • 1. A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the Act;
          • 2. An alternative emissions limit approved pursuant to regulations promulgated under section 112(i)(5) of the Act concerning early reductions of hazardous air pollutants; and
          • 3. A federally enforceable emissions cap assumed to avoid being subject to provisions of this section pursuant to Chapter 6, Section 3(m) regarding synthetic minors.
        • e. Are not modifications under any provision of Title I of the Act; and
        • f. Are not required to be processed as a significant modification.
      • (2.) Notwithstanding Chapter 6, Sections 3(d)(vi)(A) and 3(d)(vi)(B), minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor permit modification procedures are explicitly provided for in the implementation plan.
      • (3.) Qualifying for a minor permit modification under this section does not relieve a source of its responsibility to obtain a modification permit under the preconstruction permit requirements of Chapter 6, Section 2 of the WAQSR.
    • (II) Application. An application requesting the use of minor permit modification procedures shall meet the requirements of Chapter 6, Section 3(c)(ii) and shall include the following:
      • (1.) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;
      • (2.) The source's suggested draft permit;
      • (3.) Certification by a responsible official, consistent with Chapter 6, Section 3(c)(iv), that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and
      • (4.) Completed forms for the Division to use to notify the EPA and affected States as required under Chapter 6, Section 3(e).
    • (III) EPA and Affected State Notification. Within 5 working days of receipt of a complete permit modification application, the Division shall meet its obligation under Chapter 6, Sections 3(e)(i)(A) and 3(e)(ii)(A) to notify the EPA and affected States of the requested permit modification. The Division shall promptly send any notice required under Chapter 6, Section 3(e)(ii)(B) to the EPA.
    • (IV) Timetable for Issuance. The Division may not issue a final minor permit modification until after the EPA's 45-day review period or until EPA has notified the Division that EPA will not object to issuance of the permit modification, whichever is first, although the Division can approve the permit modification prior to that time. Within 90 days of the Division's receipt of an application under minor permit modification procedures or 15 days after the end of the EPA's 45-day review period under Chapter 6, Section 3(e)(ii)(D), whichever is later, the Division shall:
      • (1.) Issue the permit modification as proposed;
      • (2.) Deny the permit modification application;
      • (3.) Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or
      • (4.) Revise the draft permit modification and transmit to the EPA the new proposed permit modification as required by Chapter 6, Section 3(e)(i).
    • (V) Source's Ability to Make Change.
      • (1.) The Division will allow the source to make the change proposed in its minor permit modification application immediately after it files such application. After the source makes the change allowed by the preceding sentence, and until the Division takes any of the actions specified in Chapter 6, Sections 3(d)(vi)(A)(IV) (1.) through (3.), the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time period, the source need not comply with the existing permit terms and conditions it seeks to modify; however, if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it.
    • (VI) Permit Shield. The permit shield under Chapter 6, Section 3(k) does not extend to minor permit modifications.
  • (B) Group Processing of Minor Permit Modifications. The Division may process groups of a source's applications for certain modifications eligible for minor permit modification processing.
    • (I) Criteria. Group processing of modifications may be used only for those permit modifications:
      • (1.) That meet the criteria for minor permit modification procedures under Chapter 6, Section 3(d)(vi)(A)(I) (1.); and
      • (2.) That are collectively below a threshold of 10 percent of the emissions allowed under the permit for the emissions unit for which the change is requested, 20 percent of the applicable definition of major source in Chapter 6, Section 3(b), or 5 tons per year, whichever is least.
    • (II) Application. An application requesting the use of group processing procedures shall meet the requirements of Chapter 6, Section 3(c)(ii) and shall include the following:
      • (1.) A description of the change, the emission resulting from the change, and any new applicable requirements that will apply if the change occurs.
      • (2.) The source's suggested draft permit.
      • (3.) Certification by a responsible official, consistent with Chapter 6, Section 3(c)(iv) that the proposed modification meets the criteria for use of group processing procedures and a request that such procedures be used.
      • (4.) A list of the source's other pending applications awaiting group processing, and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold levels of this section.
      • (5.) Certification, consistent with Chapter 6, Section 3(c)(iv), that the source has notified EPA of the proposed modification. Such notification need only contain a brief description of the requested modifications.
      • (6.) Completed forms for the Division to use to notify the EPA and affected States as required under Chapter 6, Section 3(e).
    • (III) EPA and Affected State Notification. On a quarterly basis or within 5 business days of receipt of an application demonstrating that the aggregate of a source's pending applications equals or exceeds the threshold level of this section, whichever is earlier, the Division shall meet its obligation under Chapter 6, Sections 3(e)(i)(a) and 3(e)(ii)(a) to notify the EPA and affected States of the requested permit modifications. The Division shall send any notice required under Chapter 6, Section 3(e)(ii)(B) to the EPA.
    • (IV) Timetable for Issuance. The provisions of Chapter 6, Section 3(d)(vi)(A)(IV) shall apply to modifications eligible for group processing, except that the Division shall take one of the actions specified in Chapter 6, Sections 3(d)(vi)(A)(IV) (1.) through (4.) within 180 days of receipt of the application or 15 days after the end of the EPA's 45-day review period, whichever is later.
    • (V) Source's Ability to Make Change. The provisions of Chapter 6, Section 3(d)(vi)(A)(V) apply to modifications eligible for group processing.
    • (VI) Permit Shield. The permit shield under Chapter 6, Section 3(k) does not extend to modifications eligible for group processing.
  • (C) Significant Modification Procedures.
    • (I) Criteria. Significant modification procedures shall be used for applications requesting permit modifications that do not qualify as minor permit modifications or as administrative amendments. Every significant change in existing monitoring permit terms or conditions and every relaxation of reporting or recordkeeping permit terms or conditions shall require a permit modification under this paragraph. Nothing herein shall be construed to preclude the permittee from making changes consistent with this section that would render existing permit compliance terms and conditions irrelevant.
    • (II) Significant permit modifications shall meet all requirements of this section including those for applications, public participation, review by affected States, and review by EPA, as they apply to permit issuance and permit renewal. The Division shall complete review on the majority of significant permit modifications within 9 months after receipt of a complete application.

• (vii) Reopening for Cause.
  • (A) Every operating permit issued shall contain provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit shall be reopened and revised under any of the following conditions:
    • (I) Additional applicable requirements under the Act or the WAQSR become applicable to a major source subject to Chapter 6, Section 3 with a remaining permit term of 3 or more years. Such reopening shall be completed not later than 18 months after promulgation of the applicable requirement. No reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended.
    • (II) Additional requirements (including excess emissions requirements) become applicable to an affected source under the acid rain program. Upon approval of the EPA, excess emissions offset plans shall be deemed to be incorporated into the permit.
    • (III) The Division or the EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.
    • (IV) The Division or the EPA determines that the permit must be revised or revoked to assure compliance with applicable requirements.
  • (B) Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.
  • (C) Reopenings under Chapter 6, Section 3(d)(vii)(A) shall not be initiated before a notice of such intent is provided to the source by the Division at least 30 days in advance of the date that the permit is to be reopened, except that the Division may provide a shorter time period in the case of an emergency.

• (viii) Environmental Protection Agency.
  • (A) If the EPA finds that cause exists to terminate, modify or revoke and reissue a permit pursuant to Chapter 6, Section 3(d)(vii), the EPA will notify the Division and the permittee of such finding in writing.
  • (B) The Division shall, within 90 days after receipt of such notification, forward to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. The EPA may extend this 90-day period for an additional 90 days if a new or revised permit application is necessary or if the Division must require the permittee to submit additional information.
  • (C) The EPA shall review the proposed determination from the Division within 90 days of receipt.
  • (D) The Division shall have 90 days from receipt of an EPA objection to resolve the objection and to terminate, modify or revoke and reissue the permit in accordance with the EPA's objection.
  • (E) If the Division fails to submit a proposed determination or fails to resolve any EPA objection, the EPA will terminate, modify, or revoke and reissue the permit after taking the following actions:
    • (I) Providing at least 30 day's notice to the permittee in writing of the reasons for any such action; and
    • (II) Providing the permittee an opportunity for comment on the EPA's proposed action and an opportunity for a hearing.

• (ix) Public Participation. Except for modification qualifying for minor permit modification procedures, all permit proceedings, including initial permit issuance, significant modifications, and renewals, shall provide procedures for public notice including offering an opportunity for public comment and a hearing on the draft permit. These procedures shall include the following:
  • (A) Notice shall be given by publication in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice; to persons on a mailing list developed by the Division, including those who request in writing to be on the list; and by other means if necessary to assure adequate notice to the affected public;
  • (B) The notice shall identify the affected source; the name and address of the permittee; the name and address of the Division; the activity or activities involved in the permit action; the emissions change involved in any permit modification; the name, address, and telephone number of a person from whom interested persons may obtain additional information, including copies of the permit draft, the application, all relevant supporting materials, and all other materials available to the Division that are relevant to the permit decision; a brief description of the comment procedures; and the time and place of any hearing that may be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled);
  • (C) The Division shall provide such notice and opportunity for participation by affected States as provided in Chapter 6, Section 3(e);
  • (D) Timing. The Division shall provide for a 30-day period for public comment and shall give notice of any public hearing at least 30 days in advance of the hearing.
  • (E) The Division shall keep a record of the commenters and also of the issues raised during the public participation process so that the EPA may fulfill its obligation under section 505(b)(2) of the Act to determine whether a citizen petition may be granted, and such records shall be available to the public.

(e) Permit Review by the Environmental Protection Agency and Affected States.

• (i) Information Provided to the Environmental Protection Agency.
  • (A) The Division shall provide a copy of the permit application (including the compliance plan) directly to the EPA, or the Division may require that the applicant requiring a permit under this section submit a copy of the application directly to the EPA.
  • (B) The Division shall provide to the Administrator of the EPA a copy of each proposed permit and each final operating permit.
  • (C) The Division shall keep all records associated with applications and permits under this section for a period of five years.

• (ii) Review by Affected States.
  • (A) The Division shall give notice of each draft permit to any affected State at the time notice is provided to the public under Chapter 6, Section 3(d)(ix), except to the extent Chapter 6, Section 3(d)(vi)(A) allows the time of the notice to be different for minor permit modification procedures.
  • (B) The Division, as part of the submittal of the proposed permit to the EPA, or for a minor permit modification procedure, as soon thereafter as possible, shall notify the EPA and any affected State in writing of any refusal to accept all recommendations for the proposed permit that the affected State submitted during the public comment period. The notice shall include the Division's reasons for not accepting any such recommendation. The Division is not required to accept recommendations that are not based on applicable requirements or the requirements of this section.

• (iii) EPA Objection.
  • (A) No permit shall be issued if the Administrator of the EPA objects to its issuance in writing within 45 days of receipt of the proposed permit and all necessary supporting information.
  • (B) Any EPA objection under Chapter 6, Section 3(e)(ii)(C) shall include a statement of reasons for the objection and a description of the terms and conditions that the permit must include to respond to the objections. The EPA shall provide the permit applicant with a copy of the objection.
  • (C) Failure of the Division to do any of the following shall also constitute grounds for an objection:
    • (I) Comply with Chapter 6, Sections 3(e)(i)(A) and (B), and Chapter 6, Sections 3(e)(ii)(A) and (B);
    • (II) Submit any information necessary to adequately review the proposed permit; or
    • (III) Process the permit under the procedures approved to meet the public participation requirements of Chapter 6, Section 3(d)(ix) except for minor permit modifications.
  • (D) If the Division fails, within ninety (90) days after the date of an objection under Chapter 6, Section 3(e)(ii)(C), to revise and submit a proposed permit in response to the objection, the EPA will issue or deny the permit in accordance with the requirements of the federal program promulgated under Title V of the Act.

• (iv) Public Petitions to the EPA. If the EPA does not object in writing under paragraph (C) of this subsection, any person may petition the EPA within 60 days after the expiration of the 45-day review period to make such an objection. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in Chapter 6, Section 3(d)(ix), unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. If the EPA objects to the permit as a result of a petition filed under this paragraph, the Division shall not issue the permit until the EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to the EPA objection. If a permit has been issued, the Division may thereafter issue only a revised permit that satisfies the EPA objection. In any case, the source will not be in violation of the requirement to have submitted a timely and complete application.

• (v) No operating permit (including a permit renewal or revision) will be issued until affected States and EPA have had an opportunity to review the proposed permit as required under this section.

(f) Fees.

• (i) Fee Requirement. Any source required to obtain a permit under this section shall, as a condition of continued operation, submit an annual fee to the Department.

• (ii) Fee Payment. The Department shall give written notice of the amount of fee to be assessed and the basis for such fee assessment to the owner or operator of the source annually. The assessed fee is due on receipt of the notice unless the fee assessment is appealed pursuant to W.S. § 35-11-211(d). If any part of the fee assessment is not appealed it shall be paid to the Department on receipt of the written notice. Any remaining fee which may be due after completion of the appeal is immediately due and payable upon issuance of the council's decision.

• (iii) Basis of Fee to Support the Program.
  • (A) Fees shall be assessed annually for each operating source, based on emissions of each regulated pollutant in an amount sufficient to cover all reasonable direct and indirect costs of the Department in developing, implementing and administering the operating permit program of this section, including the Department's Small Business Assistance Program. The permit fee will cover all reasonable direct and indirect program costs including cost of:
    • (I) Reviewing and acting on permit applications, permit renewals, permit reopenings, and permit revisions;
    • (II) Implementing and enforcing the terms and conditions of a permit (not including any court costs or other costs associated with any enforcement action) which include but is not limited to the following:
      • (1.) Source inspections including the witnessing and review of stack emission tests;
      • (2.) Ambient monitoring data review and reporting;
      • (3.) Continuous emission monitoring (CEM) reports and data review;
      • (4.) Complaint investigations;
      • (5.) Special purpose monitoring;
      • (6.) Ambient and CEM systems audits;
      • (7.) EPA reporting and data entry;
    • (III) Emissions and ambient monitoring;
    • (IV) Regulation preparation and guidance;
    • (V) Modeling analyses and demonstrations;
    • (VI) Preparing emission and source inventories and tracking emissions;
    • (VII) Fee assessment, billing and fiscal management;
    • (VIII) All other permit-related functions performed by the Department;
    • (IX) Development and administration of Department Small Business Assistance Program; and
    • (X) Informational management activities.
  • (B) Exclusions.
    • (I) No fee will be assessed for emissions of a regulated pollutant in excess of 4,000 tons per year at a source.
    • (II) For purposes of fee assessment, only under this section, the term "regulated pollutant" shall not include carbon monoxide, asbestos as regulated in Chapter 3, Section 8 of the WAQSR, residential wood smoke as regulated under Chapter 5, Section 2, Subpart AAA, or any substance which would be regulated only because it is listed or regulated under section 112(r) of the Act, prevention of accidental releases for hazardous air pollutants.
    • (III) Fugitive emissions of total suspended particulate matter (TSP) emissions, provided however, that portion of TSP which is PM₁₀ particulate matter will be estimated and assessed fees.

• (iv) Fee Determination.
  • (A) Fees for individual sources shall be computed by multiplying the total annual emissions, in tons up to a maximum of 4,000 tons per year of each regulated pollutant emitted by the source, by the dollar per ton fee calculated as follows:

    Image Not Available

    Where: x = dollars per ton of emissions for each regulated pollutant emitted.

    F = total annual fee target.

    T = total number of tons state-wide of all regulated pollutants listed in the most recent annual emissions inventory for all sources subject to this section.

  • (B) Annual Fee Target. The annual fee target shall be computed as follows:

    Annual fee target (F) = (LA - NSR) ÷ 2

    Where: LA = The amount of funds appropriated from the permit fee fund by the legislature for the operation and implementation of the construction and modification permit programs and the operating permit program for a two-year period. This appropriation includes any carry over in the fund from previous budget periods.

    NSR = Projected costs of reviewing and issuing construction and modification permits under the Division's new source review program pursuant to Chapter 6, Sections 2 and 4 of the WAQSR for the two-year budget period.

  • (C) Individual source fees shall be the greater of fees calculated pursuant to Chapter 6, Section 3(f)(iv)(A) or $500.00.
  • (D) A fee of $250.00 shall be required for the operation of a temporary source at each new location.
  • (E) Any affected unit which is utilized in an EPA-approved Phase I substitution plan under section 404 of the Act during the years of 1995-1999 (inclusive) shall be subject to an annual fee of $35,000, in lieu of a fee based on actual emissions under Chapter 6, Section 3(d)(v), for each year that it participates in such a substitution plan for the purpose of covering the portion of direct and indirect costs described in Chapter 6, Section 3(d)(iii)(A) attributed to administrating the program for those affected units.

• (v) Fees Shall Be Based on Actual Emissions.
  • (A) Actual emissions for purposes of assessing fees are, in order of decreasing accuracy:
    • (I) Emissions measured by a continuous emissions monitoring system (CEMS) that converts pollutant concentrations to mass emission rates and that meets the requirements for CEMS installation, operation, and certification of the WAQSR or any regulation promulgated by EPA under the Act. Actual emissions are the total emissions measured by the CEMS for the year plus estimated emissions during times when the CEMS was not operational.
    • (II) Emissions measured by periodic stack emission tests which have been accepted by the Division as being representative of normal source operation. Actual emissions are the hourly emission rates multiplied by the annual hours of operation.
    • (III) Emissions estimated by the utilization of data from the manufacturer of an internal combustion engine or turbine. Actual emissions are the hourly emission rates multiplied by the annual hours of operation.
    • (IV) Emissions estimated by utilization of the EPA document AP-42, "Compilation of Air Pollutant Emission Factors", or Division-approved source-specific emission factors. Actual emissions are the hourly emission rates multiplied by the annual hours of operation.
  • (B) The methodology selected for the determination of actual emissions for fee assessment by the Division shall be equivalent to methods specified in any Chapter 6, Section 2 permit that the source may hold for initial applications applied for under this section, or emissions as verified by methods prescribed in a permit issued under this section. Actual emissions for sources for which no permit has previously been issued or for which no method has been prescribed in the permit shall be determined by the Division utilizing the most accurate method available as enumerated above under Chapter 6, Section 3(f)(v)(A).
  • (C) Actual emissions may, at the source's choice, be presumed to be allowable emissions as determined by applicable requirements (standards and regulations) or by permit unless there is evidence that actual emissions are in excess of allowable emissions.
  • (D) Particulate Emissions: Until such time as continuous measurement of particulate mass emission rates from stacks becomes available or required, particulate mass emission rates for purposes of fee assessment will be based on allowable emission rates.
  • (E) Fugitive emission rates, for purposes of fee assessment, will be determined by EPA AP-42 emission factors, or by Division-approved emission factors, in the case of emissions from surface coal mines and other similar sources of fugitive dust emissions. The use of alternative emission factors which are source specific must be well documented and approved for use by the Division prior to the date on which emission inventories are due to be submitted to the Division.
  • (F) Emissions in excess of applicable requirements or permit limits due to equipment malfunction and/or failure, or process start-up and shutdowns, to the extent that such emissions are quantifiable through recognized engineering calculations or emissions and process monitoring, shall be included in source emission inventories and assessed a fee.
  • (G) Fees shall be assessed against owners or operators of sources applying for any permit under this section and annually thereafter for the duration of the permit. Emission inventories for sources subject to this section shall be submitted to the Division for fee assessment and compliance determinations within sixty (60) days following the end of the calendar year.
    • (I) During the initial year of the operating permit program, sources required to apply for a permit under this section shall be assessed fees which include operations for the calendar year 1994.
    • (II) Fees shall be based on calendar year source operations.
    • (III) New sources applying for initial permits under this section shall pay a fee based on emissions occurring since the commencement of operation for the previous calendar year and annually thereafter.

• (vi) Failure to Pay Fees. Failure to pay fees owed the Department is a violation of this section and W.S. § 35-11-203 and may be cause for the revocation of any permit issued to the source.

(g) Small Business Assistance Program.

• (i) Any source operated or owned by a business which qualifies as a small business under the Department Small Business Assistance Program may apply for assistance in complying with the requirements of this section.

(h) Permit Content.

• (i) Standard Permit Requirements. Each permit issued under this section shall include the following elements:
  • (A) Emission limitations and standards, including those operational requirements and limitations that are applied to assure compliance with all applicable requirements at the time of permit issuance. Such requirements and limitations may include ARMs identified by the source in its operating permit application as approved by the Division, provided that no ARM shall contravene any terms needed to comply with an otherwise applicable requirement or require of this section or circumvent any applicable requirements that would apply as a result of implementing the ARM.
    • (I) The permit shall specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based.
    • (II) The permit shall state that, where an applicable requirement of the Act is more stringent than any applicable requirement of regulations promulgated under Title IV of the Act, both provisions shall be incorporated into the permit and shall be enforceable by the EPA and the Division.
    • (III) In addition to the requirements in Chapter 6, Section 3(h)(i)(A)(I) and (II), the permit shall include emission limitations and standards which are a part of the WAQSR and are more stringent than those of any requirements of the Act. However, such requirements shall not be federally enforceable.
  • (B) Permit Duration. The Division shall issue permits for a fixed term of five years for all sources except in such circumstances as provided in W.S. § 35-11-206(f)(i), where a permit may be issued for a shorter term.
  • (C) Monitoring and Related Recordkeeping and Reporting Requirements.
    • (I) Each permit shall contain the following requirements with respect to monitoring:
      • (1.) All emissions monitoring and analysis procedures or test methods required under the applicable monitoring and testing requirements, including any procedures and methods promulgated pursuant to Title IV and sections 504(b) or 114(a)(3) of the Act. If more than one monitoring or testing requirement applies, the permit may specify a streamlined set of monitoring or testing provisions provided the specified monitoring or testing is adequate to assure compliance at least to the same extent as the monitoring or testing applicable requirements that are not included in the permit as the result of such streamlining;
      • (2.) Where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit, as reported pursuant to Chapter 6, Section 3(h)(i)(C)(III). Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph; and
      • (3.) As necessary, requirements concerning the use, maintenance, and, when appropriate, installation of monitoring equipment or methods.
    • (II) With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where applicable, the following:
      • (1.) Records of monitoring information that include the following:
        • a. The date, place as defined in the permit, and time of sampling or measurements;
        • b. The date(s) the analyses were performed;
        • c. The company or entity that performed the analyses;
        • d. The analytical techniques or methods used;
        • e. The results of such analyses; and
        • f. The operating conditions as they existed at the time of sampling or measurement.
      • (2.) Retention of records of all monitoring data and support information for a period of at least five years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.
    • (III) With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the following:
      • (1.) Submittal of Reports of Any Required Monitoring at Least Every Six Months. All instances of deviations from permit requirements must be clearly identified in such reports. All required reports must be certified by a responsible official consistent with Chapter 6, Section 3(c)(iv).
      • (2.) Prompt reporting of deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. The Division shall define "prompt" in relation to the degree and type of deviation likely to occur and the applicable requirements.
    • (IV) To meet the requirements of Title IV of the Act, for affected sources under the acid rain program, the permit shall incorporate all provisions for monitoring, recordkeeping, and reporting promulgated in 40 CFR part 75.
  • (D) A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Act or the regulations promulgated thereunder.
    • (I) No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a permit revision under any other applicable requirement.
    • (II) No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense for noncompliance with any other applicable requirement.
    • (III) Any such allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Act.
  • (E) A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portion(s) of the permit.
  • (F) Provisions Stating the Following:
    • (I) Duty to Comply. The permittee must comply with all conditions of the operating permit. Any permit noncompliance constitutes a violation of the Act, Article 2 of the Wyoming Environmental Quality Act and the WAQSR and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.
    • (II) Need to Halt or Reduce Activity is Not a Defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.
    • (III) Permit Actions. The permit may be modified, revoked, reopened, and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition.
    • (IV) Property Rights. The permit does not convey any property rights of any sort, or any exclusive privilege.
    • (V) Duty to Provide Information. The permittee shall furnish to the Division, within a reasonable time, any information that the Division may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the Division copies of records required to be kept by the permit, including information claimed and shown to be confidential under Section 35-11-1101(a) of the Wyoming Environmental Quality Act. Upon request by the Division, the permittee shall also furnish confidential information directly to EPA along with a claim of confidentiality.
  • (G) A provision to ensure that any source under this section pays fees to the Division consistent with Chapter 6, Section 3(f) and the fee schedule developed by the Division and approved by the joint appropriations committee of the Wyoming State Legislature.
  • (H) Emissions Trading. A provision stating that no permit revision shall be required, under any approved economic incentives, marketable permits, emissions trading and other similar programs or processes for changes that are provided for in the permit.
  • (I) Terms and conditions for reasonably anticipated AOSs identified by the source in its application as approved by the Division. Such terms and conditions:
    • (I) Shall require the source, contemporaneously with making a change from one AOS to another, to record in a log at the permitted source a record of the AOS under which it is operating;
    • (II) May extend the permit shield described in Chapter 6, Section 3(k) to all terms and conditions under each such AOS; and
    • (III) Must ensure that the terms and conditions of each such AOS meet all applicable requirements and the requirements of this section. The Division shall not approve a proposed AOS into the operating permit until the source has obtained all authorizations required under any applicable requirement relevant to that AOS.
  • (J) Terms and conditions, if the permit applicant requests them, for the trading of emissions increases and decreases in the permitted source, to the extent that the applicable requirements, including the State Implementation Plan, provide for trading such increases and decreases without a case-by-case approval of each emissions trade. Such terms and conditions:
    • (I) Shall include all terms required under Chapter 6, Section 3(h)(i) and (iii) to determine compliance;
    • (II) May extend the permit shield described in Chapter 6, Section 3(k) to all terms and conditions that allow such increases and decreases in emissions; and
    • (III) Must meet all applicable requirements and requirements of this section.

• (ii) Federally-Enforceable Requirements.
  • (A) All terms and conditions in an operating permit under this section, including any provisions designed to limit a source's potential to emit, are enforceable by the EPA and citizens under the Act.
  • (B) Notwithstanding paragraph (A) above, the Division shall specifically designate as not being federally enforceable under the Act any terms and conditions included in the permit that are not required under the Act or any regulations promulgated thereunder.

• (iii) Compliance Requirements. All operating permits under this section shall contain the following elements with respect to compliance:
  • (A) Consistent with Chapter 6, Section 3(h)(i)(C), compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document (including reports) required by an operating permit under this section shall contain a certification by a responsible official that meets the requirements of Chapter 6, Section 3(c)(iv).
  • (B) Inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow the Division or an authorized representative to perform the following:
    • (I) Enter upon the permittee's premises where a source is located or emissions related activity is conducted, or where records must be kept under the conditions of the permit.
    • (II) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit.
    • (III) Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit.
    • (IV) As authorized by the Act, sample or monitor, at reasonable times, any substances or parameters for the purpose of assuring compliance with the permit or applicable requirements.
  • (C) A schedule of compliance consistent with Chapter 6, Section 3(c)(ii)(A) (VIII).
  • (D) Progress reports consistent with an applicable schedule of compliance and Chapter 6, Section 3(c)(ii)(A) (VIII) to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the Division. Such progress reports shall contain the following:
    • (I) Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones or compliance were achieved; and
    • (II) An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.
  • (E) Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following:
    • (I) The frequency (not less than annually or such more frequent period as specified in the applicable requirement or by the Division) of submissions of compliance certifications;
    • (II) A means for assessing or monitoring the compliance of the source with its emissions limitations, standards, and work practices;
    • (III) A requirement that the compliance certification include the following (provided that the identification of applicable information may cross-reference the permit or previous reports as applicable):
      • (1.) The identification of each term or condition of the permit that is the basis of the certification;
      • (2.) The status of compliance with the terms and conditions of the permit for the period covered by the certification, based on the method or means designated in Chapter 6, Section 3(h)(iii)(E)(III) (4.). The certification shall identify each deviation and take it into account in the compliance certification. The certification shall also identify as possible exceptions to compliance any periods during which compliance is required and in which an excursion or exceedance as defined in Chapter 7, Section 3 occurred;
      • (3.) Whether compliance was continuous or intermittent;
      • (4.) The identification of the method(s) or other means used by the owner or operator for determining the compliance status with each term and condition during the certification period, and whether such methods or other means provide continuous or intermittent data. Such methods and other means shall include, at a minimum, the methods and means required under Chapter 6, Section 3(h)(i)(C). If necessary, the owner or operator also shall identify any other material information that must be included in the certification to comply with section 113(c) 2 of the Clean Air Act, which prohibits knowingly making a false certification or omitting material information;
      • (5.) Such other facts as the Division may require to determine the status of the source;
    • (IV) A requirement that all compliance certifications be submitted to the EPA as well as to the Division.
  • (F) Such other provisions as the Division may require.

(i) General Permits.

• (i) Issuance. The Division may, after notice and opportunity for public comment and hearing pursuant to Chapter 6, Section 3(d)(ix), issue a general permit covering numerous similar sources. Any general permit shall comply with all requirements applicable to other operating permits under this section and shall identify criteria by which sources may qualify for the general permit. To sources that qualify, the Division shall grant the conditions and terms of the general permit. Notwithstanding the shield provisions of Chapter 6, Section 3(k), the source shall be subject to enforcement action for operation without an operating permit under this section if the source is later determined not to qualify for the conditions and terms of the general permit. General permits shall not be authorized for affected sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV of the Act.

• (ii) Application. Sources under this section that would qualify for a general permit must apply to the Division for coverage under the terms of the general permit or must apply for an operating permit consistent with Chapter 6, Section 3(c). The Division may provide for general permit applications which deviate from the requirements of Chapter 6, Section 3(c) provided that such applications meet the requirements of Title V of the Act and include all information necessary to determine qualification for, and to assure compliance with, the general permit. The Division may grant a source's request for authorization to operate under a general permit without repeating the notice and comment procedures required under Chapter 6, Section 3(d)(ix), but such issuance shall not be a final action for purposes of judicial review.

(j) Temporary Sources (Portable Sources). The Division may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. The operations must be temporary and involve at least one change of location during the term of the permit. No affected source shall be permitted as a temporary source. Permits for temporary sources shall include the following:

• (i) Conditions that will assure compliance with all applicable requirements at all authorized locations;

• (ii) Requirements that the owner or operator notify the Division at least ten days in advance of each change in location; and

• (iii) Conditions that assure compliance with all other provisions of this section.

(k) Permit Shield.

• (i) Except as provided in this section, the Division may expressly include in an operating permit a provision stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that:
  • (A) Such applicable requirements are included and are specifically identified in the permit; or
  • (B) The Division, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the permit includes the determination or a concise summary thereof.

• (ii) An operating permit under this section that does not expressly state that a permit shield exists shall be presumed not to provide such a shield.

• (iii) Nothing in this paragraph or in any operating permit under this section shall alter or affect the following:
  • (A) The provisions of section 303 of the Act (emergency orders), including the authority of the EPA under that section.
  • (B) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance.
  • (C) The applicable requirements of the acid rain program, consistent with section 408(a) of the Act.
  • (D) The ability of the EPA to obtain information from a source pursuant to section 114 of the Act, or the Division to obtain information pursuant to Section 35-11-110 of the Wyoming Environmental Quality Act.

(l) Emergency Provision.

• (i) Definition. An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.

• (ii) Effect of an Emergency. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of the following paragraph (l)(iii) are met.

• (iii) Affirmative Defense. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that:
  • (A) An emergency occurred and that the permittee can identify the cause(s) of the emergency;
  • (B) The permitted source was at the time being properly operated;
  • (C) During the period of the emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; and
  • (D) The permittee submitted notice of the emergency to the Division within one working day of the time when emission limitations were exceeded due to the emergency. This notice fulfills the requirement of Chapter 6, Section 3(h)(i)(C)(III) (2.). This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.

• (iv) Enforcement. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.

• (v) Scope. This provision is in addition to any emergency or upset provision contained in any applicable requirement.

(m) Permits for Synthetic Minors.

• (i) Applicability. A source may apply under this section for a permit or for a condition to a permit to limit emissions below any threshold level which would otherwise subject the source to an applicable requirement or to the provisions of this section utilizing the source's potential to emit. With respect to a condition or permit so issued, the source will not have to comply with the other provisions of this section with the exception of the following:
  • (A) The payment of a fee based on tons of emissions emitted pursuant to the fee schedule developed under Chapter 6, Section 3(f);
  • (B) The emissions limit specified in the permit shall be federally enforceable and enforceable by the Division; and
  • (C) Compliance with any applicable requirements specified in the permit or elsewhere in the WAQSR.

• (ii) Use of General Permits. General permits issued in accordance with Chapter 6, Section 3(i) may be utilized by the Division to permit numerous similar synthetic minor sources.

• (iii) Use of Chapter 6, Section 2 Permit. A source may apply for a permit under Chapter 6, Section 2 of the WAQSR to qualify as a synthetic minor, provided the permit is federally enforceable.

020-6 Wyo. Code R. § 6-3

Amended, Eff. 10/13/2015.

Amended, Eff. 12/20/2016.

Amended, Eff. 2/5/2018.