Wyo. Code R. 020-0002-1
Effective Date: 12/30/1998 to 06/02/1999
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0002.1.12301998
In accordance with Chapter 9.1, Articles 1-11, Wyoming Statutes, 1973 Cumulative Supplement, the following Air Quality Standards and Regulations are hereby promulgated by the Wyoming Environmental Quality Council.
(a) The definitions contained in Section 35-11-103, Wyoming Environmental Quality Act shall be applicable, where appropriate. The following terms as used in these standards and regulations shall, unless the context otherwise requires, have the following meanings:
(i) 'Administrator' means Administrator of the Division of Air Quality, Wyoming Department of Environmental Quality.
(ii) 'Air contaminant' shall mean dust, fumes, mist, smoke, other particulate matter, vapor, gas or any combination of the foregoing, but shall not include steam or water vapor.
(iii) 'Air pollution' shall mean the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as is materially injurious to human health or welfare, animal or plant life or property, or unreasonably interferes with the enjoyment of life or property.
(iv) 'Animal matter' shall mean any product or derivative of animal life.
(v) 'Board' shall mean the Air Quality Advisory Board.
(vi) 'Control equipment' shall mean any device, contrivance, or system which prevents or reduces emissions.
(vii) 'Control officer' shall mean the Director of the State Department of Environmental Quality, or the Administrator of the Air Quality Division, or any employee of the Division designated by the Administrator, or any local health officer or employee designated by the Administrator.
(viii) 'Council' shall mean the Environmental Quality Council.
(ix) 'Department' shall mean the Wyoming Department of Environmental Quality.
(x) 'Director' shall mean the Director of the Wyoming Department of Environmental Quality.
(xi) 'Division' shall mean the Air Quality Division, Wyoming Department of Environmental Quality.
(xii) 'Emission' shall mean a release into the outdoor atmosphere of air contaminants.
(xiii) 'Equivalent method' shall mean any procedure, practice, policy, system or device which can be demonstrated to produce a result adequate for the purpose required in these regulations and consistent with specified reference methods.
(xiv) 'Existing equipment' shall mean equipment installed prior to the effective date of an applicable regulation.
(xv) 'Existing source' means any stationary or portable source other than a new source.
(xvi) 'Facility' shall mean any property, real or personal, which may incorporate one or more sources of air pollution and shall include but not be limited to processing plants, manufacturing plants, power generator plants, refining plants, mining operations, lumber mills, ore processing plants, construction material processing operations, etc.
(xvii) 'Fuel burning equipment' shall mean any furnace, boiler apparatus, stack, or appurtenances thereto used in the process of burning fuel or other combustible material for the purpose of producing heat or power by indirect heat transfer.
(xviii) 'Incinerator' shall mean any equipment, device or contrivance used for the destruction of garbage, rubbish or other wastes by burning, but not wood wastes burned in devices commonly called tepee burners, silos, truncated cones, wigwam burners and other such burners used commonly by the wood products industry.
(xix) 'Initial start-up' shall mean that point in time when a source or group of sources actually begins operation for the purpose of generating goods or services as an end product or as an intermediate product. Start-up of a source to check functional operation of the 'machinery' shall not be construed as initial start-up.
(xx) 'Installation' shall mean any property, real or personal, including but not limited to processing equipment, manufacturing equipment, fuel burning equipment, incinerators, or any other equipment, or construction, capable of creating or causing emissions.
(xxi) 'Maximum design production rate' shall mean the maximum production rate at which a source is designed for continuous or batch operation.
(xxii) 'Modification' shall mean any physical change in, or change in the method of operation of, an affected facility which increases the amount of any air pollutant (to which any state standards applies) emitted by such facility or which results in the emission of any such air pollutant not previously emitted.
(xxiii) 'Motor vehicle' shall mean those vehicles carrying people or goods on public streets or highways.
(xxiv) 'Multiple chamber incinerator' shall mean any article, machine, equipment, contrivance, structure or part of a structure used to dispose of combustible refuse by burning, consisting of two or more combustion furnaces in series physically separated by walls, interconnected by gas passage ports or ducts and employing adequate parameters necessary for maximum combustion of the material to be burned.
(xxv) 'New equipment' shall mean:
(A) Any equipment, installation, construction article, machine or contrivance ordered, constructed or installed after the effective date of an applicable regulation;
(B) Any equipment replaced or altered or processes changed in such a manner after the effective date of an applicable regulation as to have an effect of increasing the production of air contaminants;
(C) Any equipment moved after the effective date of this regulation to another premise involving a change of address when said move will cause or would be expected to cause an increase in the production of air contaminants;
(D) Any equipment purchased and to be operated after the effective date of this regulation by a new owner or when a new lessee desires to operate such equipment.
(xxvi) 'New source' shall mean any stationary or portable source, the construction or modification of which is commenced after the effective date of regulations prescribing a standard of performance applicable to such source.
(xxvii) 'Odor' shall mean that property of an emission which stimulates the sense of smell.
(xxviii) 'Open burning' shall mean a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator, or other equipment connected to a stack or chimney.
(xxix) 'Operating day' shall mean a fixed 24-hour period during which fossil fuel is combusted by fuel-burning equipment for at least 18 hours.
(xxx) 'Particulate matter':
(A) 'Particulate matter' shall mean any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.
(B) 'Particulate matter emissions' shall mean all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, specified in 40 CFR part 60, Appendix A, or an equivalent or alternative method approved by the Administrator.
(C) 'PM10' shall mean particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on Appendix J of 40 CFR part 50, and designated in accordance with 40 CFR part 53.
(D) 'PM10 emissions' shall mean finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method approved by the Administrator.
(E) 'Total suspended particulates' (TSP) shall mean particulate matter as measured by the method described in Appendix B to 40 CFR part 50.
(xxxi) 'Person' means any individual, partnership, firm, association, municipality, public or private corporation, sub-division or agency of the state, trust, estate or any other legal entity.
(xxxii) 'Premises' shall mean any property, piece of land or real estate or building.
(xxxiii) 'Process weight' shall mean the total weight of all materials introduced into any specific process which may cause emissions. Solid fuels charged will be considered as part of the process weight but liquids and gaseous fuels, combustion air, and water will not. However, water included as part of the normal charge to a beet pulp dryer process shall be considered as part of the process weight.
(xxxiv) 'Reduction' shall mean any heated process, including rendering, cooking, drying, dehydrating, digesting, evaporating, and protein concentrating.
(xxxv) 'Salvage operation' shall mean any operation conducted in whole or in part for the salvaging or reclaiming of any product or material.
(xxxvi) 'Source' shall mean any property, real or personal, or person contributing to air pollution.
(xxxvii) 'Stack or chimney' shall mean any flue, conduit or duct arranged to conduct emissions.
(xxxviii) 'Standard conditions' shall mean a temperature of 68° Fahrenheit and pressure reduced to 29.92 inches of mercury at sea level.
(xxxix) 'Trade wastes' shall mean solid, liquid, or gaseous material resulting from construction or the prosecution of any business, trade or industry, or any demolition operation including but not limited to wood, plastics, cartons, grease, oil, chemicals and cinders.
(xl) 'Wood waste burners' shall mean devices commonly called tepee burners, silos, truncated cones, wigwam burners, and other such burners commonly used by the wood product industry for the disposal by burning of wood wastes.
(xli) 'Owner or operator' shall mean any person who owns, leases, operates, controls, or supervises a facility, building, structure, or installation which directly or indirectly result or may result in emissions of any air contaminant.
(a) PM₁₀: The ambient air standards for PM₁₀ particulate matter are:
(i) 50 micrograms per cubic meter--annual arithmetic mean;
(ii) 150 micrograms per cubic meter--24-hour average concentration with not more than one expected exceedence per year.
(iii) Attainment of the annual and 24-hour standards is determined in accordance with Appendix K of 40 CFR part 50.
(iv) For the purpose of determining attainment of the standards, particulate matter shall be measured in the ambient air as PM₁₀ (particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers), by a reference method based on 40 CFR 50, Appendix J and designated in accordance with 40 CFR part 53 or an equivalent or alternate method designated in accordance with 40 CFR part 53.
(b) TSP: The ambient air standard for total suspended particulates measured in accordance with Appendix B of 40 CFR part 50 or an equivalent method is 150 micrograms per cubic meter--maximum 24 hour concentration not to be exceeded more than once per year.
(c) Ambient air, for the area bounded by Townships 40 through 52 North, and Ranges 69 through 73 West, inclusive, of the Sixth Principal Meridian, Campbell and Converse Counties, in the Powder River Coal Basin, is defined as that portion of the atmosphere, external to buildings, to which the general public has access. For surface mining operations, the application of this definition will be limited to only those lands that are necessary to conduct mining operations as determined by the Administrator of the Wyoming Air Quality Division.
(a) The ambient air standards for sulfur oxides measured by the pararosaniline (West-Gaeke) method given in 40 CFR § 50.11, Appendix A or an equivalent method are:
(i) 60 micrograms per cubic meter (0.02 ppm)--annual arithmetic mean;
(ii) 260 micrograms per cubic meter (0.10 ppm)--maximum 24 hour concentration not to be exceeded more than once per year;
(iii) 1,300 micrograms per cubic meter (0.50 ppm)--maximum 3 hour concentration not to be exceeded more than once per year.
(b) Any existing facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides, mercaptans, or acid sludge shall limit the atmospheric discharge of sulfur dioxide in the effluent to not more than 2,000 ppm-- maximum 2 hour average.
(c) Any new facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides, mercaptans, or acid sludge shall limit the atmospheric discharge of sulfur dioxide in the effluent to not more than four pounds per ton of acid produced (2 kgm per metric ton),--maximum 2 hour average.
(d) The emission of sulfur dioxide (SO₂) from fuel-burning equipment, the construction of which commences on or after January 1, 1985, shall be limited to the values shown in Table 4a. Compliance with these emission limitations shall be determined on a 30-day rolling average basis and a fixed 3 hour basis, using the emission data obtained from an SO₂ continuous monitoring system installed and operated in accordance with Section 22(j) of these regulations.
(i) Compliance with the 30-day rolling average shall be determined by calculating the arithmetic average of all hourly SO₂ emission rates for the most recent 30 successive operating days, except for data obtained during operation under Section 19 of these regulations.
(A) The initial performance test period shall consist of the first 30 days of operation of the fuel burning equipment. Using the most recent 30 days of operation of the fuel burning equipment, a new 30- day average compliance determination for SO₂ is calculated for each successive operating day. These determinations will each constitute a separate performance test.
(B) For the purpose of calculating 30-day average emissions, the minimum amount of emissions data required is 75 percent of the operating hours during each operating day in at least 22 out of 30 successive operating days. A minimum of two data points are required to calculate each one-hour average. If, during any 30-day period, the minimum amount of emission data is not obtained because of continuous monitoring system breakdowns, repairs, calibration checks, or zero and span adjustments, the owner or operator of the continuous monitoring system must notify the Administrator pursuant to Section 4(d)(iii) of the cause(s) for such loss of data and must immediately initiate corrective action necessary to resume acceptable performance of the continuous monitoring system.
(ii) Compliance with the 3 hour SO₂ emission rate shall be determined for fixed 3 hour periods and shall use all hourly SO₂ emission rates including data obtained during periods of operation under 4(d)(iii) and excluding periods of operation under Section 19 of these regulations. The maximum 3 hour SO₂ emission rate is not to be exceeded more than once per calendar year.
(iii) The owner or operator shall, within 3 hours of malfunction or failure of the continuous emission monitors to operate, notify the Administrator of such malfunction or failure and shall utilize such alternate monitoring methods as may be required by the Administrator during such period. Emission rate data gathered during such periods pursuant to the alternate methods required by the Administrator shall be used in the determination of compliance with the 30-day rolling average value and the 3 hour value.
| TABLE 4a | ||
|---|---|---|
| TYPE OF FUEL | ALLOWABLE SO₂ EMISSION RATE (1) (lb/10⁶ Btu Heat Input) | |
| 30-DAY ROLLING AVG. | MAXIMUM 3-HR AVG. | |
| COAL | 0.2 | 0.45 |
| OIL | 0.8 | 0.8 |
(1) Applicable to individual fuel burning equipment units with a heat input of 250 x 10⁶ Btu/hr or greater.
(e) The emission of sulfur dioxide (SO₂) from fuel-burning equipment, the construction of which commenced after January 1, 1974 and prior to January 1, 1985, shall be limited to the 30-day rolling average values shown in Table 4a. calculated on the basis of a 2 hour average.
Provided, however, that the owner or operator of any facility subject to the compliance provisions of this section may elect by written notice to the Administrator, to be subject to the compliance provisions of Section 4(d) of these regulations. Thirty days after such notification, the emission limitations and compliance determination methods and provisions of Section 4(d), in their entirety, shall become applicable and binding upon such facility.
(f) The emission of sulfur dioxide (SO₂) from fuel burning equipment, the construction of which commenced prior to January 1, 1974, shall be limited to the values shown in Table 4b., calculated on the basis of 2-hour averages or an equivalent method.
For the purpose of this Section, operation of a continuous SO₂ emission monitoring system and the calculation of emission rates on the basis of 30-day rolling averages with a maximum 3 hour emission rate shown in Table 4c., when conducted in accordance with Section 4(d) and 22(j) of these regulations, is an equivalent method for determining compliance with the emission limitations specified in Table 4b. Upon written notice to the Administrator, the owner or operator of any facility that is subject to the compliance provisions of this Section may elect the use of continuous emission monitoring systems with a 30-day averaging and maximum 3 hour emission rate as an equivalent method. Thirty days after such notification, the compliance determination method provision of Section 4(d) shall become applicable and binding upon such facility.
| TABLE 4b ALLOWABLE SO₂ EMISSION RATE (2) (lb/10⁶ Btu Heat Input) | |||
|---|---|---|---|
| FUEL | HEAT INPUT BETWEEN 250x10⁶ BTU/HR & 2500x10⁶ BTU/HR | HEAT INPUT BETWEEN 2500x10⁶ BTU/HR & 5000x10⁶ BTU/HR | HEAT INPUT GREATER THAN 5000x10⁶ BTU/HR |
| COAL | 1.2 | 0.5 | 0.3 |
(2) Applicable to individual fuel burning equipment units with the noted heat input values.
| FUEL | AVERAGING PERIOD | HEAT INPUT BETWEEN 250x106 BTU/HR & 2500x106 BTU/HR | HEAT INPUT BETWEEN 2500x106 BTU/HR & 5000x106 BTU/HR | HEAT INPUT GREATER THAN 5000x106 BTU/HR |
|---|---|---|---|---|
| COAL | 30-DAY ROLLING | 1.2 | 0.5 | 0.3 |
| COAL | 3-HOUR FIXED (4) | 1.2 | 1.2 | 0.65 |
(3) Applicable to individual fuel burning equipment units with the noted heat input values.
(4) Not to be exceeded more than once per year.
(g) For purposes of Sections 4(d), 4(e), and 4(f) of these regulations, the heat input shall be the aggregate heat content of all fuels whose products of combustions pass through a stack or stacks, or the heat input value used shall be the equipment manufacturer's or designer's guaranteed maximum input, whichever is greater.
(h) For the purposes of Section 4(d), 4(e), and 4(f), of these regulations where a two-hour average, or a 3 hour average will be used, the SO2 emission rate shall be determined in accordance with Reference Method 6, Appendix A, 40 CFR part 60 or an equivalent method or in accordance with the compliance provisions of Section 4(d) if the notification provisions of 4(e) or 4(f) are followed.
(a) Any existing facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides, mercaptans, or acid sludge shall limit the atmospheric discharge of acid mist in the effluent to not more than 0.50 pounds per ton of acid produced (0.25 kgm per metric ton),--maximum 2 hour average, expressed as H₂SO₄. Reference method: Method 8, Appendix A, 40 CFR part 60 or an equivalent method.
(a) The ambient air standards for suspended sulfate measured as a sulfation rate by the lead peroxide method are: (i) 0.25 milligrams SO₃ per 100 square centimeters per day, maximum annual average; (ii) 0.50 milligrams SO₃ per 100 square centimeters per day, maximum 30 day value.
(a) The ambient air standards for hydrogen sulfide, measured by the mercuric chloride method, methylene blue method, or by an equivalent method are:
(i) 70 micrograms H₂S per cubic meter, ½ hour average not to be exceeded more than 2 times per year;
(ii) 40 micrograms H₂S per cubic meter, ½ hour average not to be exceeded more than 2 times in any five consecutive days.
(b) Any exit process gas stream containing hydrogen sulfide which is discharged to the atmosphere from any source shall be vented, incinerated, flared or otherwise disposed of in such a manner that ambient sulfur dioxide and hydrogen sulfide standards are not exceeded.
(a) The level of the 8-hour primary and secondary ambient air quality standards for ozone, measured by a reference method based on 40 CFR part 50, Appendix D and designated in accordance with 40 CFR part 53 is 0.08 parts per million (ppm), daily maximum 8-hour average.
(b) The 8-hour primary and secondary standard ozone ambient air quality standards are met at an ambient air quality monitoring site when the average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.08 ppm, as determined in accordance with 40 CFR part 50, Appendix I.
(a) The term "volatile organic compounds" (VOCs) is defined in 40 CFR § 51.100(s).
The definition as revised and published as of July 1, 1997, not including any later amendments, is adopted by reference. A copy of the definition can be obtained from the Department of Environmental Quality, Division of Air Quality, 122 W. 25th Street, Cheyenne, Wyoming 82002.
(b) VOC emissions shall be limited through the application of Best Available Control Technology (BACT) in accordance with Section 21 of these regulations. Notwithstanding the above, whenever acceptable control of VOC emissions from vapor blowdown, emergency relief systems, or VOC emissions generated from oil and gas production, storage, exploration, development, or processing operations is specified pursuant to these regulations as a flare, the flare shall not exceed a 20 percent opacity emission standard. If acceptable control of VOC emissions is specified as a smokeless flare, the definition given in subsection (i) of this section applies.
(i) For the purposes of this section, "smokeless flare" means a flare designed for and operated with no visible emissions except for periods not to exceed a total of 5 minutes during any 2 consecutive hours.
(ii) Each flare subject to Section 9(b) must be equipped and operated with an automatic ignitor or a continuous burning pilot which must be maintained in good working order.
(a) The ambient air standard for nitrogen dioxide, measured by the reference method described in 40 CFR § 50.11, Appendix F, or by an equivalent method is:
(i) 100 micrograms per cubic meter (0.05 ppm)--annual arithmetic mean.
(b) The emission standards for nitrogen oxides, measured in accordance with Method 7 of 40 CFR part 60, Appendix A or by an equivalent method are:
(i) The emission of nitrogen oxides from new gas fired fuel burning equipment calculated as nitrogen dioxide shall be limited to 0.20 pound per million Btu (0.36 grams per million gram calories) of heat input.
(ii) The emission of nitrogen oxides from existing gas fired fuel burning equipment calculated as nitrogen dioxide shall be limited to 0.23 pound per million Btu (0.41 grams per million gram calories) of heat input.
(iii) The emission of nitrogen oxides from new oil fired fuel burning equipment calculated as nitrogen dioxide shall be limited to 0.30 pounds per million Btu (0.54 grams per million gram calories) of heat input for units having a heat input of 1.0 million Btu per hour (250 million gram calories/hour) or greater and 0.60 pounds per million Btu (1.08 grams per million gram calories) of heat input for units having a heat input less than 1.0 million Btu per hour (250 million gram calories/hour).
(iv) The emission of nitrogen oxides from existing oil fired fuel burning equipment calculated as nitrogen dioxide shall be limited to 0.46 pound per million Btu (.083 grams per million gram calories) of heat input for units having a heat input of 250 million Btu per hour (62.5 gram calories/hour) or greater and 0.60 pound per million Btu (1.08 grams per million gram calories) of heat input for units having a heat input less than 250 million Btu per hour (62.5 billion gram calories/hour).
(v) The emission of nitrogen oxides from new nitric acid manufacturing plants, calculated as nitrogen dioxide shall be limited to 3 pounds per ton (1.5 kilograms per metric ton) of acid produced, maximum 2 hour average.
(vi) The emission of nitrogen oxides from existing nitric acid manufacturing plants, calculated as nitrogen dioxide shall be limited to 5.5 pounds per ton (2.8 kilograms per metric ton) of acid produced, maximum 2 hour average.
(vii) The emission of nitrogen oxides from new solid fossil fuel (except lignite) fired fuel burning equipment calculated as nitrogen dioxide shall be limited to 0.70 pounds per million Btu (1.26 grams per million gram calories) heat input.
(viii) The emission of nitrogen oxides from existing solid fossil fuel (except lignite) fired fuel burning equipment calculated as nitrogen dioxide shall be limited to 0.75 pounds per million Btu (1.35 grams per million gram calories) heat input.
(ix) The requirements of Section 10(b) shall not apply to internal combustion engines having a heat input of less than 200 million Btu per hour.
(a) The ambient air standards for fluorides, measured as hydrogen fluoride through methods approved by the Administrator are:
| Averaging Time | Maximum Allowable Concentration Time for Averaging Time |
|---|---|
| 12 hours | 3.0 μg/m³ |
| 24 hours | 1.8 μg/m³ |
| 7 days | 0.5 μg/m³ |
| 30 days | 0.4 μg/m³ |
| Averaging Time | Maximum Allowable Concentration for Averaging Time |
|---|---|
| 12 hours | 10.0 μg/m³ |
| 24 hours | 4.0 μg/m³ |
| 7 days | 1.8 μg/m³ |
| 30 days | 1.2 μg/m³ |
The Regional Standard applies to the area encompassing the following lands in Sweetwater County, Wyoming:
T19N R104W, E½ Section 31 & Sections 32, 33, 34, 35, 36; T19N R103W, Section 31; T18N R105W, S½ Section 1 & Sections 12, 13, 24, 25, 35, 36; T18N R104W, All Sections 1 through 36; T18N R103W, Sections 6, 7, 18, 19, 30, 31, 32, 33; T17N R105W, Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26; T17N R104W, Sections 1 through 30; T17N R103W, Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30 (b) The standards for fluoride in forage for animal consumption measured as fluorine, dry weight basis, are:
| Averaging Time | Maximum Allowable Concentration for Averaging Time |
|---|---|
| One year | 30 ppm |
| 60 days | 60 ppm |
| 30 days | 80 ppm |
The concentration of fluoride in forage shall be determined through sampling and analysis methods approved by the Administrator.
(a) The ambient air standard for carbon monoxide, measured by nondispersive infrared spectrometry, as described in 40 CFR § 50.11 Appendix C, or by an equivalent method is:
(i) 10 milligrams per cubic meter (9 ppm)--maximum 8 hour concentration not to be exceeded more than once per year;
(ii) 40 milligrams per cubic meter (35 ppm)--maximum 1 hour concentration not to be exceeded more than once per year.
(b) The emission of carbon monoxide in stack gases from any stationary source shall be limited as may be necessary to prevent ambient standards described in this standard from being exceeded. Measures considered appropriate for such control are:
(i) Treatment of the waste gas stream by installation and use of a direct flame afterburner or other means which will achieve the required reduction as approved by the Division.
(i) No person shall dispose of refuse by open burning, or cause, suffer, allow or permit open burning of refuse.
(ii) Regardless of provision of Subsections (a)(i) of this regulation, open burning on residential premises of refuse originating in dwelling units on the same premises shall not be a violation of this regulation in areas of low population density. A density of 100 dwelling units or less per square mile shall be used as an approximate definition of areas of low population density.
(i) No person shall cause or permit the disposal of trade wastes or conduct or cause or permit a salvage operation by open burning, except as provided in Subsection (b)(ii) of this regulation.
(ii) The open burning of material for fire fighting training, destruction of fire hazards if so designated by a local fire marshal or fire chief, or from a salvage operation or disposal of trade wastes may be permitted when it can be shown by a person that such open burning is absolutely necessary and in the public interest. Any person intending to engage in such open burning shall file a request to do so with the Division of Air Quality. The application shall state the following:
(A) the name, address, and telephone number of the person submitting the application;
(B) the type of business or activity involved;
(C) a description of the proposed equipment and operating practices, the type, quantity, and composition of wastes to be burned, and the expected composition and amount of air contaminants to be released into the atmosphere;
(D) the schedule of burning operations;
(E) the exact location where open burning will be used to dispose of such waste;
(F) reasons why no method other than open burning can be used for disposal;
(G) evidence that the proposed open burning has been approved by any fire department which may have jurisdiction. Upon approval of the application by the Division of Air Quality, the person may proceed with the operation without being in violation of
Subsection (b)(i).
(i) The open burning of plant life grown on the premises in the course of any agricultural or forestry operation may be permitted when it can be shown that such open burning is necessary and that no fire hazard or public nuisance will occur.
(a) Visible emissions of any contaminant discharged into the atmosphere from any single new source of emission whatsoever as determined by a qualified observer shall be limited to 20 percent opacity;
Provided, however, that:
(i) An owner or operator of an affected facility of the type described in Section 14(h)(i) hereof which has a heat input of not less than 2500 x 10⁶ Btu per hour, may request the Administrator of the Division of Air Quality to determine opacity of emissions from such affected facility during initial performance tests required by Section 21(i) or during other performance tests thereafter.
(ii) Upon receipt from such owner or operator of the written report of the results of the performance tests required by Section 21(i) or later performance tests, the Administrator will make a finding concerning compliance with opacity and other applicable standards. If the Administrator finds that such affected facility is in compliance with all applicable standards for which performance tests are conducted but fails to meet any applicable opacity standard, he shall notify the owner or operator and advise him that he may petition the Administrator within 10 days of receipt of notification to make appropriate adjustment to the opacity standard for such affected facility.
(iii) The Administrator will grant such a petition upon a satisfactory demonstration by the owner or operator that such affected facility and associated air pollution control equipment was operated and maintained in a manner to minimize the opacity of emissions during the performance tests; that the performance tests were performed under the conditions prescribed by the Administrator; and that such affected facility and associated air pollution control equipment were incapable of being adjusted or operated to meet the applicable opacity standard at or near the facility's designed capacity.
(iv) The Administrator will establish an opacity standard for such affected facility meeting the above requirements at a level at which the source will be able, as indicated by the performance and opacity tests, to meet the opacity standard at all times during which the source is meeting the mass or concentration emission standard and during which the facility and air pollution control equipment is being operated properly and maintained to minimize the opacity of emissions and mass emission rate.
(b) Visible emissions of any contaminant discharged into the atmosphere from any single existing source of emission whatsoever as determined by a qualified observer shall be limited to 40 percent opacity. This limitation shall not apply to existing incinerators or wood waste burners.
(c) The emission of visible air pollutants from gasoline engines shall be eliminated except for periods not exceeding five consecutive seconds.
(d) The emission of visible air pollutants from diesel engines as determined by a qualified observer shall be limited to 30 percent opacity below 7500 feet elevation except for periods not exceeding ten consecutive seconds. This limitation shall not apply during a reasonable period of warmup following a cold start or where undergoing repairs and adjustment following a malfunction.
(e) Any single source may discharge for a period or periods aggregating not more than 6 minutes in any hour contaminants;
(i) Having an equivalent opacity of not more than 40 percent as determined by a qualified observer.
(f) The emission of fugitive dust shall be limited by all persons handling, transporting, or storing any material to prevent unnecessary amounts of particulate matter from becoming airborne to the extent that ambient air standards described in these regulations are exceeded. Control measures described as follows or any equivalent method shall be considered appropriate for such control:
(i) Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings, or structures, construction operations, the grading of roads or the clearing of land;
(ii) Application of asphalt, oil, water, or suitable chemicals on dirt roads, materials stockpiles, and other surfaces which can give rise to airborne dusts;
(iii) Installation and use of hood, fans and fabric filters to enclose and vent the handling of dusty materials; adequate containment methods shall be employed during sandblasting or other similar operations;
(iv) Covering, at all times when in motion, open bodied trucks, transporting materials likely to give rise to airborne dust;
(v) Conduct of agricultural practices such as tilling of land, application of fertilizers, etc. in such a manner as to prevent dust from becoming airborne;
(vi) The paving of roadways and their maintenance in a clear condition;
(vii) The prompt removal of earth or other material from paved streets onto which earth or other material has been transported by trucking or earth moving equipment, erosion by water, or other means.
(g) The emission of particulate matter from any new source shall be limited as indicated in Table I. The emission of particulate matter from any existing source shall be limited as indicated in Table II.
(i) Process weight per hour means the total weight of all materials introduced into any specific process that may cause any emissions of particulate matter, including solid fuels, but excluding liquids or gases used solely as fuels, and excluding air introduced for purposes of combustion, and excluding the weight of any water, water vapor or steam that may be introduced as part of the total materials. However, water contained as part of the normal input to a beet pulp dryer process shall be included as part of the process weight per hour.
(ii) For a cyclical or batch operation, the process weight per hour is derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle.
(iii) For a continuous operation, the process weight per hour is derived by dividing the process weight for a typical period of time.
(iv) Emission tests related to this regulation shall be measured in accordance with the requirements of Section 14(h)(iv).
Interpolation of the data in Table I for the process weight rates up to 60,000 lbs/hr shall be accomplished by the use of the equation:
$$E = 3.59 P0.62 \quad P \leq 30$$
and interpolation and extrapolation of the data for process weight rates in excess of 60,000 lbs/hr shall be accomplished by use of the equation:
$$E = 17.31 P0.16 \quad P > 30$$
Where: E = Emissions in pounds per hour.
P = Process weight rate in tons per hour.
| TABLE I | |
|---|---|
| PROCESS WEIGHT RATE (lbs/hr) | EMISSION RATE (lbs/hr) |
| 50 | 0.36 |
| 100 | 0.55 |
| 500 | 1.53 |
| 1,000 | 2.25 |
| 5,000 | 6.34 |
| 10,000 | 9.73 |
| 20,000 | 14.99 |
| 60,000 | 29.60 |
| 80,000 | 31.19 |
| 120,000 | 33.28 |
| 160,000 | 34.85 |
| 200,000 | 36.11 |
| 400,000 | 40.35 |
| 1,000,000 | 46.72 |
Interpolation of the data in Table II for process weight rates up to 60,000 lb/hr shall be accomplished by use of the equation $E = 4.10 P0.67$, and interpolation and extrapolation of the data for process weight rates in excess of 60,000 lb/hr shall be accomplished by use of the equation:
$$E = 55.0 P0.11 - 40, \text{ where } E = \text{rate of emission in lb/hr}$$
and $P = \text{process weight rate in tons/hr}$
Notwithstanding any other provision of this Table, any existing air contaminant source utilizing an air pollution control device having a collection efficiency of 99.5 percent or better, shall be deemed to be in compliance with all provisions of this regulation. Such efficiency shall be determined by a professional engineer
| TABLE | ||
|---|---|---|
| PROCESS WEIGHT RATE | RATE OF EMISSION | |
| lb/hr | tons/hr | lb/hr |
| 100 | 0.05 | 0.551 |
| 200 | 0.10 | 0.877 |
| 400 | 0.20 | 1.40 |
| 600 | 0.30 | 1.83 |
| 800 | 0.40 | 2.22 |
| 1,000 | 0.50 | 2.58 |
| 1,500 | 0.75 | 3.38 |
| 2,000 | 1.00 | 4.10 |
| 2,500 | 1.25 | 4.76 |
| 3,000 | 1.50 | 5.38 |
| 5.96 | ||
| 6.52 | ||
| 7.58 | ||
| 8.56 | ||
| 9.49 | ||
| 10.4 | ||
| 11.2 | ||
| 12.0 | ||
| 13.6 |
Figure 1
licensed to practice in Wyoming and all expenses incurred in such determination shall be defrayed by the person responsible for the emission.
FIGURE 1 PARTICULATE EMISSION LIMITS
(h) The emissions of particulate matter from existing sources where fuel burning equipment is used for indirect heating shall be limited as shown in Figure 1 and shall be applicable to equipment burning solid fuel. The emissions of particulate matter from new sources where fuel burning equipment is used for indirect heating shall be limited to 0.10 pound per million Btu input (0.18 grams per million calories) maximum 2 hour average. Except to the extent that an opacity standard has been established for an affected facility pursuant to Section 14(a)(i) through (iv) hereof, the visible emissions of particulate matter from new sources where fuel burning equipment is used for indirect heating shall be no greater than 20 percent opacity, except that 40 percent opacity shall be permitted for not more than 2 minutes in any hour. This regulation is not applicable to residential or commercial fuel burning equipment with a heat input of less than $10 \times 10^6$ Btu/hr. and used exclusively to produce building heat.
(i) This regulation applies to installations in which fuel is burned for the primary purpose of producing steam, hot water, or hot air or other indirect heating of liquids, gases, or solids, and, in the course of doing so, the products of combustion do not come into direct contact with process materials. Fuels include those such as coal, coke, lignite, fuel oil, and wood, but do not include refuse. When any products or byproducts of a manufacturing process are burned for the same purpose or in conjunction with any fuel, the same maximum emission limitations shall apply.
(ii) The heat content of coal shall be determined according to the ASTM method D-271-64 Laboratory Sampling and Analysis of Coal and Coke or ASTM method D-2015-62T Gross Calorific Value of Solid Fuel by the Adiabatic Bomb Calorimeter, which publications are made a part of this regulation by reference.
(iii) For purposes of this regulation, the heat input shall be the aggregate heat content of all fuels whose products of combustion pass through a stack or stacks, or the heat input value used shall be the equipment manufacturer or designer's guaranteed maximum input, whichever is greater. The total heat input of all fuel burning units at a plant or on a premise shall be used for determining the maximum allowable amount of particulate matter which may be emitted.
(iv) The amount of particulate matter emitted shall be measured by source test methods specified by the Administrator. The reference methods shall be test methods 1 through 5, Appendix A, 40 CFR part 60. Provided that the Administrator may require that variations to said methods be included or that entirely different methods be utilized if he determines that such variations or different methods are necessary in order for the test data to reflect the actual emission rate of particulate matter.
(i) The emission of particulate matter from any incinerator shall be limited to:
(i) 0.20 pound per 100 pounds (2 grams per kilogram) of refuse charged as determined by a source test method approved by the Division for stationary sources as described in Subsection (g)(iv) of this regulation;
(ii) A shade or density equal to but not greater than 20 percent opacity as determined by a qualified observer.
(j) Where the presence of uncombined water is the only reason for failure of an emission to meet the opacity requirements of Section 14 of this regulation, such opacity requirements shall not apply.
(a) Emissions of any air contaminant from any wood waste burner discharged into the atmosphere for a period or periods aggregating more than 6 minutes in any one hour shall not exceed:
(i) An opacity of 20 percent as determined by a qualified observer.
(b) Operational requirements for all wood waste burners shall include:
(i) A thermocouple and recording pyrometer or other temperature measurement and recording device approved by the Division shall be installed and maintained;
(ii) A daily written log of the wood waste burner operation shall be maintained to determine optimum operational patterns for different fuel and atmospheric conditions. Such log shall include, but not be limited to, the time of day, draft settings, exit gas temperature, type of fuel, and atmospheric conditions. It must be shown that there is adequate time and responsibility delegated for proper burner maintenance, operation, and control; such log or a copy shall be made available to the Division within 10 days upon request;
(iii) Asphaltic materials, rubber products, or materials which cause dense smoke discharges shall not be burned or disposed in wood waste burners;
(iv) Continuous flow conveying methods shall be utilized to convey process wood waste to the combustion chamber of the wood waste burners.
(c) During startup and building of fires, in wood waste burners, the particulate, opacity, and darkness limits specified in this regulation may be exceeded for not more than 60 minutes in eight hours. Materials prohibited in Subsection (b)(iii) shall not be used for startup and building of fires in wood waste burners.
(d) The Administrator may waive the temperature monitoring and record keeping requirements of subsections (b)(i) and (b)(ii) upon written request of the owner or operator, provided the owner or operator adequately demonstrates operational practices which satisfy the other requirements of this regulation. Any waiver granted under this paragraph may be revoked should the Administrator determine that the operational requirements of subsections (b)(i) and (b)(ii) should be reinstated in order to achieve compliance with other provisions of this regulation.
(a) The ambient air standard for odors from any source shall be limited to:
(i) An odor emission at the property line which is undetectable at seven dilutions with odor free air as determined by a scentometer as manufactured by the Barnebey-Cheney Company or any other instrument, device, or technique designated by the Division as producing equivalent results. The occurrence of odors shall be measured so that at least two measurements can be made within a period of one hour, these determinations being separated by at least 15 minutes.
(b) No person shall operate or use any device, machine, equipment, or other contrivance for the reduction of animal matter unless all gases, vapors and gas entrained effluents from such facility are incinerated at a temperature of not less than 1200 degrees Fahrenheit for a period not less than 0.3 second, or processed by condensation or such manner as determined by the Division to be equally or more effective for the purpose of controlling such emissions.
(i) A person incinerating or processing gases, vapors, or gas entrained effluents pursuant to this rule shall provide, properly install, and maintain in good working order and in operation, devices as specified by the Division for indicating temperature, pressure, or other operating conditions.
(ii) Effective odor control devices, systems, or measures shall be installed and operated such that no vent, exhaust pipe, blowoff pipe, or opening of any kind shall discharge into the outdoor air any odorous matter, vapors, gases, or dusts, or any combination thereof, which create odors in areas adjacent to the plant in excess of the limits described in Section 16(a)(i) of this regulation.
(c) Odor producing materials shall be stored, transported, and handled in a manner that:
(i) Odors produced from such materials are confined and that accumulation of such materials resulting from spillage or other escape is prevented.
(d) Whenever dust, fumes, gases, mist, odorous matter, vapors, or any combination thereof escape from a building used for processing animal matter in such manner and amount as to cause a violation of Subsection (a)(i) and (ii) of this regulation, the Division may require that the building or buildings in which processing, handling, and storage are done be tightly closed and ventilated in such a manner that all airborne effluent materials leaving the building be treated by an effective means for removal or destruction of odorous matter before release to the open air.
(a) No person shall intentionally remove, alter or otherwise render ineffective or inoperative, exhaust emission control crank case ventilation or any other air pollution control device or system which has been installed on a motor vehicle or stationary internal combustion engine as a requirement of any federal law or regulation.
(b) No person shall operate a motor vehicle or other internal combustion engine originally equipped with air pollution devices or systems as required by any federal law or regulation unless such devices or systems are in place and in operating condition.
(c) Subsections (a) and (b) of this regulation shall not apply to vehicles or stationary internal combustion engines which have been modified or altered to use a fuel other than gasoline or diesel fuel, except that such units shall comply with existing standards for emissions therefrom.
(a) No person shall cause or permit the installation or use of any device, contrivance or operational schedule which, without resulting in reduction of the total amount of air contaminant released to the atmosphere, shall dilute or conceal an emission from a source.
(b) Subsection (a) of this regulation shall not apply to the control of odors.
(a) Emissions in excess of established regulation limits as a direct result of malfunction or abnormal conditions or breakdown of a process, control or related operating equipment beyond the control of the person or firm owning or operating such equipment shall not be deemed to be in violation of such regulations, if the Division is advised of the circumstances within 24 hours of such malfunction and a corrective program acceptable to the Division is furnished.
(a) This regulation is designed to prevent the excessive build-up of air pollutants during air pollution episodes, thereby preventing the occurrence of an emergency due to the effects of these pollutants on the health of persons.
(b) Conditions justifying the proclamation of an air pollution alert, air pollution warning or air pollution emergency shall be deemed to exist whenever the Division determines that the accumulation of air pollutants in any place is attaining or has attained levels which could, if such levels are sustained or exceeded, lead to a substantial threat to the health of persons. In making this determination, the Division will be guided by the following criteria:
(i) Air pollution forecast: An internal watch by the Division shall be activated by a National Weather Service advisory that an Atmospheric Stagnation Advisory, or the equivalent local forecast of a stagnant atmospheric condition is in effect.
(ii) Air pollution alert: The alert level is that concentration of pollutants at which first stage actions begin. An alert will be declared when any one of the following levels is reached at any monitoring site:
(A) PM₁₀ - 350 µg/m³, 24-hour average;
(B) SO₂ - 800 µg/m³ (0.3 ppm), 24-hour average.
(iii) Warning: The warning level indicates that air quality is continuing to degrade and that additional control actions are necessary. A warning will be declared when any one of the following levels is reached at any monitoring site:
(A) PM₁₀ - 420 µg/m³, 24-hour average;
(B) SO₂ - 1600 µg/m³ (0.6 ppm), 24-hour average.
(iv) Emergency: The emergency level indicates that air quality is continuing to degrade to a level of significant harm to the health of persons and that the most stringent control actions are necessary. An emergency will be declared when any one of the following levels is reached at any monitoring site:
(A) PM₁₀ - 500 µg/m³, 24-hour average;
(B) SO₂ - 2100 µg/m³ (0.8 ppm), 24-hour average.
(v) Termination: Once declared, any status reached by application of these criteria will remain in effect until the criteria for that level are no longer met. At such time, the next lower status will be assumed.
(c) Whenever the Division declares that one of the above mentioned levels exists, it shall take such control actions which in its best judgment will lower the pollutant concentrations.
(a) (i) Any person who plans to construct any new facility or source, modify any existing facility or source, or to engage in the use of which may cause the issuance of or an increase in the issuance of air contaminants into the air of this state shall obtain a construction permit from the State of Wyoming, Department of Environmental Quality before any actual work is begun on the facility.
(ii) Any facility or source required to obtain a permit for construction or modification under this section must, if subject to the provisions of Section 30 of these regulations, submit an application to the Division for a Section 30 operating permit within twelve (12) months of commencing operation.
(iii) Facilities or sources not subject to the provisions of Section 30 of these regulations shall obtain a section 21 operating permit form the Department, pursuant to this section, for operation after a 120 day start-up period.
(iv) A permit to operate is also required for the operation of an existing portable source in each new location. However, a permit to construct is required for each new location that is a new source or facility and for each new or modified portable source or facility.
(v) Permit fees: Persons applying for a permit under this section, or waiver from permit requirements under Section 21(k)(viii), shall pay a fee to cover the Department's cost of reviewing and acting on permit applications in accordance with paragraph (o) of this section.
(vi) Facilities or sources subject to the provisions of Section 33 or Section 36 shall submit the permit application as required by Section 33(h)(iii) or by Section 36(h)(iv) as part of the permit application submitted in accordance with Section 21(b)(i).
(b) (i) The owner of the facility or the operator of the facility authorized to act for the owner is responsible for applying for and obtaining a permit to construct and/or operate. The application shall be made on forms provided by the Division of Air Quality and each application shall be accompanied by site information, plans, descriptions, specifications, and drawings showing the design of the source, the nature and amount of the emissions, and the manner in which it will be operated and controlled. A detailed schedule for the construction or modification of the facility shall be included. A separate application is required for each source.
Any additional information, plans, specifications, evidence, or documentation that the Administrator of the Division of Air Quality may require shall be furnished upon request. The applicant shall conduct such continuous Ambient Air Quality monitoring analyses as may be determined by the Administrator to be necessary in order to assure that adequate data are available for purposes of establishing existing concentration levels of all affected pollutants. As a guideline, such data should be gathered continuously over a period of one calendar year preceding the date of application. Upon petition of the applicant, the Administrator will review the proposed monitoring programs and advise the applicant if such is approvable or modifications are required.
(ii) For portable sources or facilities, the Division may authorize the owner or operator to utilize a 'self issuance' operating permit system for new locations which are not new sources or facilities. For purposes of this paragraph, a new source or facility is a source or facility for which operation or construction commenced after May 29, 1974, and for which a permit has not previously been issued.
The Division shall provide to authorized owners or operators of portable sources, forms upon which the self-issued permits are to be recorded. The owner or operator shall, at a minimum provide, as appropriate the permit number previously issued to the portable source or facility, the new location for which the permit is issued, the duration of operation of the new location, the production rate at the new location and the production at the new location in addition to any other information that the Administrator may require. Such permit shall be executed and a copy provided to the Air Quality Division prior to operation at the new location.
All conditions previously issued for the operation of the portable facility continue as applicable conditions for operation at subsequent locations.
(c) No approval to construct or modify shall be granted unless the applicant shows, to the satisfaction of the Administrator of the Division of Air Quality that:
(i) The proposed facility will comply with all rules and regulations of the Wyoming Department of Environmental Quality, Division of Air Quality, and with the intent of the Wyoming Environmental Quality Act.
(ii) The proposed facility will not prevent the attainment or maintenance of any ambient air quality standard.
(A) A facility will be considered to cause or contribute to a violation of an ambient air quality standard if the projected impact of emissions from the facility exceed the following significance levels at any locality that does not or would not meet the applicable standard:
| POLLUTANT | AVERAGING TIME (HOURS) | ||||
|---|---|---|---|---|---|
| ANNUAL (µg/m³) | 24 (µg/m³) | 8 (mg/m³) | 3 (µg/m³) | 1 (mg/m³) | |
| SO₂ | 1.0 | 5 | --- | 25 | --- |
| PM₁₀ | 1.0 | 5 | --- | --- | --- |
| NOₓ | 1.0 | --- | --- | --- | --- |
| CO | --- | --- | 0.5 | --- | 2 |
|---|---|---|---|---|---|
| TSP | --- | 5 | --- | --- | --- |
(B) Notwithstanding the provisions of Section 21(c)(ii)(A) above, no facility with the potential to emit 100 tons per year or more of PM10 (including sources of fugitive dust) shall be allowed to construct within the City of Sheridan designated PM10 nonattainment area until such time as the area is redesignated to an attainment area for PM10 ambient standards in accordance with section 107 of the Clean Air Act. In addition, no existing facility with the potential to emit 100 TPY or more of PM10 within the Sheridan designated PM10 nonattainment area shall be allowed to modify operations to increase potential PM10 emissions by 15 tons per year or more (including sources of fugitive dust), until such time as the area is redesignated by EPA as an attainment area for PM10 ambient standards. For the purpose of this paragraph, 'potential to emit' shall have the same meaning as in Section 24.
(iii) The proposed facility will not cause significant deterioration of existing ambient air quality in the Region as defined by any Wyoming standard or regulation that might address significant deterioration.
(iv) The proposed facility will be located in accordance with proper land use planning as determined by the appropriate state or local agency charged with such responsibility.
(v) The proposed facility will utilize the Best Available Control Technology with consideration of the technical practicability and economic reasonableness of reducing or eliminating the emissions resulting from the facility. For large mining operations, specific measures normally required and to be considered include but are not limited to:
(A) The paving of access roads.
(B) The treating of major haul roads with a suitable dust suppressant.
(C) The treatment of temporary haul roads.
(D) The use of silos, trough barns, or similar enclosed containers for the storage of large volumes of material awaiting load out and shipment.
(E) The treatment of active work areas.
(F) The treatment of temporary ore stockpiles.
(vi) The proposed facility will have provisions for measuring the emissions of significant air contaminants as determined by the Administrator of the Division of Air Quality.
(vii) The proposed facility will achieve the performance specified in the application for the permit to construct or modify.
(viii) The proposed facility will not emit any air pollutant in amounts which will (i) prevent attainment or maintenance by any other state of any such national primary or secondary Ambient Air Quality Standard or (ii) interfere with measures required by the Federal Clean Air Act to be included in the applicable Implementation Plan for any other state to prevent significant deterioration of air quality or to protect visibility.
(d) In meeting the requirements of 21(c) above pertaining to compliance with an applicable Ambient Air Quality Standard or increment, the degree of emission limitation required shall not be affected by (a) so much of the stack height of any source as exceeds good engineering practice stack height or (b) any other dispersion technique.
(i) For purposes of this requirement, 'good engineering practice stack height' means the height equal to or less than:
(A) 30 meters as measured from the ground-level elevation at the base of the stack, or
(B) $H + 1.5L$ where $H$ is the height of nearby structure(s) measured from the ground level elevation at the base of the stack and $L$ is the lesser dimension (height or width) of, the source, or nearby structure, provided that the Administrator may require the use of a field study or fluid model to verify good engineering practice stack height for the source, or
(C) Such other height as is demonstrated by a fluid model or a field study approved by the Administrator, which ensures that emissions from a stack do not result in excessive concentrations in the immediate vicinity of the source as a result of atmospheric downwash, eddies, or wakes which may be created by the source, nearby structures or nearby terrain features.
(ii) For purposes of this requirement, 'dispersion technique' means any technique which attempts to affect the concentration of a pollutant in the ambient air by:
(A) Using that portion of a stack which exceeds good engineering practice stack height, or
(B) Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant, or
(C) Increasing the final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack, or other selective manipulation of exhaust gas streams so as to increase the exhaust gas plume rise.
(iii) For purposes of this requirement, 'dispersion technique' does not include:
(A) The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream, or (B) The merging of exhaust gas streams where the source owner or operator demonstrates that the facility was originally designed and constructed with such merged streams.
(iv) For the purposes of this requirement, 'emission limitation' means a requirement established by the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.
(v) 'Nearby' as used in Section 21 (d)(i) is defined for a specific structure or terrain feature, and
(A) For purposes of applying the formula provided in Section 21 (d)(i)(B) means that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than one half mile (0.8 km), and
(B) For conducting demonstrations under Section 21 (d)(i)(C) means not greater than one half mile (0.8 km), except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height of the feature, not to exceed 2 miles if such feature achieves a height one half mile from the stack that is at least 40 percent of the GEP stack height determined by the formula provided in Section 21 (d)(i)(B) or 26 meters, whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure of terrain feature is measured from the ground-level elevation at the base of the stack.
(vi) 'Excessive concentration' is defined for the purpose of determining good engineering practice stack height under Section 21 (d)(i)(C) and means
(A) For sources seeking credit for stack height exceeding that established under Section 21 (d)(i)(B), a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to the prevention of significant deterioration (Section 24), an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations under this section shall be prescribed by the new source performance standard that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Administrator, an alternative emission rate shall be established in consultation with the source owner or operator.
(vii) After the Administrator has reached a proposed decision to approve or disapprove a permit application in which the source relies on a good engineering practice stack height that exceeds the height allowed by Section 21(d)(i)(A) or (B) the Administrator will notify the public of the availability of the demonstration study and provide the opportunity for public hearing. Specific notification of the Administrator's decision, availability of the demonstration and opportunity for public hearing will be included as part of the public notice required in Section 21(m) of these regulations.
(e) No permit to operate may be granted until the applicant demonstrates to the satisfaction of the Administrator of the Division of Air Quality that:
(i) The facility is complying with the Wyoming Air Quality Standards and Regulations applicable at the time the permit to construct or modify was granted and with the intent of the Wyoming Environmental Quality Act, 1973.
(ii) The facility has been constructed or modified in accordance with the requirements and conditions contained in the permit to construct or modify.
(f) The Administrator of the Division of Air Quality may impose any reasonable conditions upon an approval to construct, modify, or operate including, but not limited to, conditions requiring the source to be provided with:
(i) Sampling and testing facilities as the Administrator may require.
(ii) Safe access to the sampling facilities.
(iii) Instrumentation to monitor and record emission data.
(iv) Ambient Air Quality monitoring which, in the judgment of the Administrator, is necessary to determine the effect which emissions from a source may have, or is having, on air quality in any area which may be affected by emissions from such source.
(g) The Administrator will review each application within 30 days and notify the applicant as to whether or not the application is complete. If the application is complete, the Administrator will propose approval, conditional approval or denial and will publish such proposal within 60 days of the determination that the application is complete. If the application is not complete, the application will be considered inactive and additional information as necessary will be requested. A complete application shall include all materials and analyses which the Administrator determines are necessary for the Division to review the facility as a source of air pollution.
(h) A permit to construct or modify shall remain in effect until the permit to operate the facility for which the application was filed is granted or denied or the application is canceled. However, an approval to construct or modify shall become invalid if construction is not commenced within 24 months after receipt of such approval or if construction is discontinued for a period of 24 months or more. The Administrator may extend such time period(s) upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; however, each phase must commence construction within 24 months of the projected and approved commencement date for such phase. Notwithstanding the above, a permit containing a case-by-case MACT determination pursuant to Section 36 shall expire if construction or reconstruction has not commenced within 18 months of issuance, unless the Division has granted an extension which shall not exceed an additional 12 months.
(i) Any owner or operator subject to the provisions of this regulation shall furnish the Administrator written notification as follows:
(i) A notification of the anticipated date of initial start-up of each source not more than 60 days or less than 30 days prior to such date.
(ii) A notification of the actual date of initial start-up of each source within 15 days after such date.
(j) Within 30 days after achieving the maximum design production rate for which the permit is approved and at which each source will be operated, but not later than 90 days after initial start-up of such source, the owner or operator of such source shall conduct a performance test(s) in accordance with methods and under operating conditions approved by the Administrator and furnish the Administrator a written report of the results of each performance test.
(i) Such test shall be at the expense of the owner or operator.
(ii) The Administrator may monitor such test and may also conduct performance tests.
(iii) The owner or operator of a source shall provide the Administrator 15 days prior notice of the performance test to afford the Administrator the opportunity to have an observer present.
(iv) The Administrator may waive the requirement for performance tests if the owner or operator of a source has demonstrated by other means to the Administrator's satisfaction that the source is being operated in compliance with all State and Federal Regulations which are part of the applicable plan.
(v) If the maximum design production rate for which the permit is approved is not achieved within 90 days of initial start-up, testing will be conducted on a schedule to be defined by the Administrator. This schedule may require that the source be tested at the production rate achieved within 90 days of initial start-up and again when maximum design production rate is achieved.
(k) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air pollutants recorder, combustion controller, or combustion shutoff.
(ii) Air conditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment.
(iii) Fuel burning equipment other than a smokehouse generator which has a heat input of not more than 25 million BTU per hour (6.25 billion gm-cal/hr) and burns only gaseous fuel containing not more than 20 grains total sulfur per 100 std. ft³; has a heat input of not more than 10 million BTU/hr (2.5 billion gm-cal/hr) and burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical analyses.
(vi) The installation of air pollution control equipment which is not a part of a project which requires a construction or modification permit under Section 21 or 24 of these regulations.
(vii) Gasoline storage tanks at retail establishments.
(viii) Such other minor sources which the Administrator determines to be insignificant in both emission rate and ambient air quality impact.
Notwithstanding the above exemptions, any facility which is a major emitting facility pursuant to the definition in Section 24 shall comply with the requirements of both Sections 21 and 24.
(l) Approval to construct or modify shall not relieve any owner or operator of the responsibility to comply with all local, state and federal rules and regulations.
(m) After the Administrator has reached a proposed decision based upon the information presented in the permit application to construct or modify, the Division of Air Quality will advertise such proposed decision in a newspaper of general circulation in the county in which the source is proposed. This advertisement will indicate the general nature of the proposed facility, the proposed approval/disapproval of the permit, and a location in the region where the public might inspect the information submitted in support of the requested permit and the Air Quality Division's analysis of the effect on air quality. A copy of the public notice required above will be sent as appropriate to (a) the applicant, (b) the U.S. EPA, (c) any affected comprehensive regional land use planning agency, (d) affected county commissioners, (e) any state or federal land manager or Indian governing body whose lands may be significantly affected by emissions from the proposed facility. The public notice will include notification of the opportunity for a public hearing and will indicate the anticipated degree of increment consumption if the source is subject to Section 24 of these Regulations. The public will be afforded a 30 day period in which to make comments and recommendations to the Division of
Air Quality. A public hearing may be called if sufficient interest is generated or if any aggrieved party so requests in writing within the 30 day comment period. After considering all comments, including those presented at any hearings held, the Administrator will reach a decision and notify the appropriate parties.
(n) (i) Within 30 days of receipt of a permit application for a new major emitting facility or major modification which is subject to the provisions of Section 24, but not later than 60 days prior to public notice issued under Subsection 21(m) above, the Administrator shall provide written notification to all Federal Class I Area Federal Land Managers of such proposed new major emitting facility or major modification whose emissions may affect the Federal Class I Area or affect visibility in such Area. This notification must contain a copy of all information relevant to the permit application including an analysis of the anticipated impacts on air quality and visibility in any Federal Class I Area.
(ii) Within 30 days of receipt of advance notification of a permit application for a new source or facility which may be subject to Section 24, and which may affect visibility in a Federal Class I Area, the Administrator shall notify the affected Federal Land Manager of such advance notification.
(o) A permit fee will be assessed on the owner or operator (applicant), based on the cost to the Department in reviewing and acting on permit applications submitted to the Division under this section.
(i) Fees for reviewing the application: The Department shall provide written notice of the fee to the applicant at such time as the Administrator of the Division reaches a proposed decision on the application under paragraph (m) of this section.
(A) The fee shall include all costs incurred by the Department in reviewing the application to this point in the permit process including the costs of advertising such decision and providing public notice.
(B) The fee is due upon receipt of the written notice unless the fee assessment is appealed pursuant to W.S. 35-11-211(d).
(C) Payment of this fee shall be required before the issuance of any permit under this Section.
(ii) Fees for issuing permit: An additional fee shall be assessed and written notice provided to the applicant for any additional costs incurred by the Department (after the date of public notice) in reaching a final decision, including the costs of holding public hearings, reviewing public comments, and issuing permits.
(iii) Portable sources or facilities shall be assessed a fee of $100.00 for operation in each new location. This fee shall be submitted with each 'self issuance' permit submitted to the Division for operation under Section 21(a)(iv) and 21(b) of these regulations. For portable sources or facilities which are not authorized to use the 'self issuance' permits, the fee assessment shall be $250.00 for operation at each new location.
(a) General: The U.S. Environmental Protection Agency regulations on Standards of Performance for New Stationary Sources, designated in Subsection 22(b) and as amended by the word or phrase 'substitutions' given in Subsection 22(c), are incorporated into these regulations.
The specific documents containing the complete text of the regulations are found in 40 CFR part 60, as revised and published as of July 1, 1997. The specific documents containing the complete text of the reference test and monitoring methods, performance specifications for continuous monitors, procedures for determination of emission rate change, specifications for emission inventory information requirements, quality assurance requirements for CEM's, and labeling guidance to manufacturers of new residential wood heaters are found in 40 CFR part 60, Appendices A, B, C, D, F, and I respectively, as revised and published as of July 1, 1997.
(b) Designated standards of performance: The following Standards of Performance, as revised and published as of July 1, 1997, not including any later amendments, are adopted by reference. Copies of Standards of Performance can be obtained from the Department of Environmental Quality, Division of Air Quality, 122 W. 25th Street, Cheyenne, Wyoming 82002.
| 40 CFR part 60, Subpart D - | Standards of Performance for Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced After August 17, 1971 |
|---|---|
| 40 CFR part 60, Subpart Da - | Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978 |
| 40 CFR part 60, Subpart Db - | Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units |
| 40 CFR part 60, Subpart Dc - | Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units |
| 40 CFR part 60, Subpart E - | Standards of Performance for Incinerators |
| 40 CFR part 60, Subpart Ea - | Standards of Performance for Municipal Waste Combustors for which Construction is Commenced after December 20, 1989 and on or before September 20, 1994 |
| 40 CFR part 60, Subpart Eb - | Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 |
| 40 CFR part 60, Subpart F - | Standards of Performance for Portland Cement Plants |
|---|---|
| 40 CFR part 60, Subpart G - | Standards of Performance for Nitric Acid Plants |
| 40 CFR part 60, Subpart H - | Standards of Performance for Sulfuric Acid Plants |
| 40 CFR part 60, Subpart I - | Standards of Performance for Hot Mix Asphalt Facilities |
| 40 CFR part 60, Subpart J - | Standards of Performance for Petroleum Refineries |
| 40 CFR part 60, Subpart K - | Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978 |
| 40 CFR part 60, Subpart Ka - | Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984 |
| 40 CFR part 60, Subpart Kb - | Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced after July 23, 1984 |
| 40 CFR part 60, Subpart L - | Standards of Performance for Secondary Lead Smelters |
| 40 CFR part 60, Subpart M - | Standards of Performance for Secondary Brass and Bronze Production Plants |
| 40 CFR part 60, Subpart N - | Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973 |
| 40 CFR part 60, Subpart Na - | Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983 |
| 40 CFR part 60, Subpart O - | Standards of Performance for Sewage Treatment Plants |
| 40 CFR part 60, Subpart P - | Standards of Performance for Primary Copper Smelters |
|---|---|
| 40 CFR part 60, Subpart Q - | Standards of Performance for Primary Zinc Smelters |
| 40 CFR part 60, Subpart R - | Standards of Performance for Primary Lead Smelters |
| 40 CFR part 60, Subpart S - | Standards of Performance for Primary Aluminum Reduction Plants |
| 40 CFR part 60, Subpart T - | Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants |
| 40 CFR part 60, Subpart U - | Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants |
| 40 CFR part 60, Subpart V - | Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants |
| 40 CFR part 60, Subpart W - | Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate Plants |
| 40 CFR part 60, Subpart X - | Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities |
| 40 CFR part 60, Subpart Y - | Standards of Performance for Coal Preparation Plants |
| 40 CFR part 60, Subpart Z - | Standards of Performance for Ferroalloy Production Facilities |
| 40 CFR part 60, Subpart AA - | Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974 and on or Before August 17, 1983 |
| 40 CFR part 60, Subpart AAa - | Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After |
August 7, 1983
| 40 CFR part 60, Subpart VV - | Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry |
|---|---|
| 40 CFR part 60, Subpart WW - | Standards of Performance for the Beverage Can Surface Coating Industry |
| 40 CFR part 60, Subpart XX - | Standards of Performance for Bulk Gasoline Terminals |
| 40 CFR part 60, Subpart AAA - | Standards of Performance for New Residential Wood Heaters |
| 40 CFR part 60, Subpart BBB - | Standards of Performance for the Rubber Tire Manufacturing Industry |
| 40 CFR part 60, Subpart DDD - | Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry |
| 40 CFR part 60, Subpart FFF - | Standards of Performance for Flexible Vinyl and Urethane Coating and Printing |
| 40 CFR part 60, Subpart GGG - | Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries |
| 40 CFR part 60, Subpart HHH - | Standards of Performance for Synthetic Fiber Production Facilities |
| 40 CFR part 60, Subpart III - | Standards of Performance for Volatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes |
| 40 CFR part 60, Subpart JJJ - | Standards of Performance for Petroleum Dry Cleaners |
| 40 CFR part 60, Subpart KKK - | Standards of Performance for Equipment Leaks of VOC From Onshore Natural Gas Processing Plants |
| 40 CFR part 60, Subpart LLL - | Standards of Performance for Onshore Natural Gas Processing: SO2 Emissions |
| 40 CFR part 60, Subpart NNN - | Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry |
| 40 CFR part 60, Subpart OOO - | Standards of Performance for Nonmetallic Mineral Processing Plants |
|---|---|
| 40 CFR part 60, Subpart PPP - | Standards of Performance for Wool Fiberglass Insulation Manufacturing Plants |
| 40 CFR part 60, Subpart QQQ - | Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems |
| 40 CFR part 60, Subpart RRR - | Standards of Performance for Volatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes |
| 40 CFR part 60, Subpart SSS - | Standards of Performance for Magnetic Tape Coating Facilities |
| 40 CFR part 60, Subpart TTT - | Standards of Performance for Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines |
| 40 CFR part 60, Subpart UUU - | Standards of Performance for Calciners and Dryers in Mineral Industries |
| 40 CFR part 60, Subpart VVV - | Standards of Performance for Polymeric Coating of Supporting Substrates Facilities |
| 40 CFR part 60, Subpart WWW - | Standards of Performance for Municipal Solid Waste Landfills |
(i) Designated Appendices. The following appendices as revised and published as of July 1, 1997, not including any later amendments, are adopted by reference. Copies of the appendices can be obtained from the Department of Environmental Quality, Division of Air Quality, 122 W. 25th Street, Cheyenne, Wyoming 82002.
40 CFR part 60, Appendix A - Test Methods
40 CFR part 60, Appendix B - Performance Specifications
40 CFR part 60, Appendix C - Determination of Emission Rate Change
40 CFR part 60, Appendix D - Required Emission Inventory Information
40 CFR part 60, Appendix F - Quality Assurance Procedures
(c) Word or phrase substitutions: In the standards designated in Section 22(b) substitute:
(d) Applicability: The provisions of Section 22 are applicable to the owner or operator of any stationary source which contains an affected facility, the construction or modification of which is commenced after the effective date as designated in the applicable subparts of the Standards of Performance referenced in Section 22(b) and contained in 40 CFR part 60.
(i) In addition to complying with the provisions of this section, the Owner or Operator of an affected facility may be required to obtain an operating permit issued to stationary sources by the Administrator pursuant to Title V of the Clean Air Act (ACT) as amended November 15, 1990 (42 U.S.C. 7661). For more information about obtaining an operating permit see Section 30.
(e) Definitions and Abbreviations: The following terms are explicitly defined for use in this section. As used in this section, all terms not defined herein shall have the meaning given to them in Section 2.
(i) Definitions:
'Act' means the Clean Air Act (42 U.S.C. 7401 et seq.).
'Affected facility' means, with reference to a stationary source, any apparatus to which a standard is applicable.
'Alternative method' means any method of sampling and analyzing for an air
pollutant which is not a reference or equivalent method but which has been demonstrated to the Administrator's satisfaction to, in some specific cases, produce results adequate for his determination of compliance.
'Capital expenditure' means an expenditure for a physical or operational change to an existing facility which exceeds the product of the applicable 'annual asset guideline repair allowance percentage' specified in the latest edition of Internal Revenue Service (IRS) Publication 534 and the existing facility's basis, as defined by section 1012 of the Internal Revenue Code. However, the total expenditure for a physical or operational change to an existing facility must not be reduced by any 'excluded additions' as defined in IRS Publication 534, as would be done for tax purposes.
'Clean coal technology demonstration project' means a project using funds appropriated under the heading 'Department of Energy-Clean Coal Technology', up to a total amount of $2,500,000,000 for commercial demonstrations of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency.
The term 'commenced' as applied to construction or modification of any new facility or source means that the owner or operator has obtained a Construction Permit required by Section 21 or either has (i) begun, or caused to begin, a continuous program of physical on-site construction or modification of the facility or (ii) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction or modification of the facility to be completed within a reasonable time.
'Construction' means fabrication, erection, or installation of an affected facility.
'Continuous monitoring system' means the total equipment, required under the emission monitoring sections, used to sample and condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters.
'Electric utility steam generating unit' means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 mw electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
'Equivalent method' means any method of sampling and analyzing for an air pollutant which has been demonstrated to the Administrator's satisfaction to have a consistent and quantitatively known relationship to the reference method, under specified conditions.
'Excess Emissions and Monitoring Systems Performance Report' is a report that must be submitted periodically by a source in order to provide data on its compliance with stated emission limits and operating parameters, and on the performance of its monitoring systems.
'Existing facility' means, with reference to a stationary source, any apparatus of the type for which a standard is promulgated in this section, and the construction or modification of which was commenced before the effective date; or any apparatus which could be altered in such a way as to be of that type.
'Isokinetic sampling' means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point.
'Issuance' of an operating permit will occur, in accordance with Section 30.
'Malfunction' means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
'Monitoring device' means the total equipment, required under the monitoring of operations sections, used to measure and record (if applicable) process parameters.
'Nitrogen oxides' means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in this part.
'One-hour period' means any 60 minute period commencing on the hour.
'Opacity' means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
'Operating permit' or 'Part 70 permit' means any permit or group of permits covering a source under Section 30 that is issued, renewed, amended or revised pursuant to Section 30.
'Owner or operator' means any person who owns, leases, operates, controls, or supervises an affected facility or a stationary source of which an affected facility is a part.
'Particulate matter' means any finely divided solid or liquid material, other than uncombined water, as measured by the reference methods specified under each subpart, or an equivalent or alternative method.
'Permit program' means the comprehensive State operating permit system established pursuant to Title V of the Act (42 U.S.C. 7661) and regulations in Section 30.
'Proportional sampling' means sampling at a rate that produces a constant ratio of sampling rate to stack gas flow rate.
'Reactivation of a very clean coal-fired electric utility steam generating unit' means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit:
(A) has not been in operation for the two-year period prior to the enactment of the Clean Air Act amendments of 1990, and the emissions from such unit continue to be carried in the permitting authority's emissions inventory at the time of enactment;
(B) was equipped prior to shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85 percent and a removal efficiency for particulates of no less than 98 percent;
(C) is equipped with low-NOx burners prior to the time of commencement of operations following reactivation; and
(D) is otherwise in compliance with the requirements of the Clean Air Act.
'Reference method' means any method of sampling and analyzing for an air pollutant as specified in the applicable subpart.
'Repowering' means replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the Administrator of EPA, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy.
'Run' means the net period of time during which an emission sample is collected. Unless otherwise specified, a run may be either intermittent or continuous within the limits of good engineering practice.
'Shutdown' means the cessation of operation of an affected facility for any purpose.
'Six-minute period' means any one of the 10 equal parts of a one-hour period.
'Standard' means a standard of performance proposed or promulgated under this part.
'Standard conditions' means a temperature of 293 °K (68 °F) and a pressure of 101.3 Kilopascals of Hg (29.92 in. of Hg).
'Start-up' means the setting in operation of an affected facility for any purpose.
"State" means the Wyoming Air Quality Division which has been delegated authority to implement:
(A) the provisions of this Section; and/or
(B) the permit program established under 40 CFR part 70.
"Stationary source" means any building, structure, facility, or installation which emits or may emit any air pollutant.
"Volatile organic compounds" means any organic compound which participates in atmospheric photochemical reactions; or which is measured by a reference method, an equivalent method, an alternative method, or which is determined by procedures specified under any subpart.
(ii) Abbreviations:
| A | ampere |
|---|---|
| A.S.T.M. | American Society for Testing and Materials |
| Btu | British thermal unit |
| cal | calorie |
| CdS | Cadmium sulfide |
| cfm | cubic feet per minute |
| CO | carbon monoxide |
| CO2 | carbon dioxide |
| °C | degree Celsius (centigrade) |
| °F | degree Fahrenheit |
| °K | degree Kelvin |
| °R | degree Rankine |
| dscm | dry cubic meter(s) at standard conditions |
| dscf | dry cubic feet at standard conditions |
| eq | equivalents |
| g | gram(s) |
| gal | gallon(s) |
| g eq | gram equivalents |
| gr | grain(s) |
| HCl | hydrochloric acid |
| Hg | mercury |
| hr | hour(s) |
| H2O | water |
| H2S | hydrogen sulfide |
| H2SO4 | sulfuric acid |
| Hz | hertz |
| in | inch(es) |
| J | joule |
| k | 1,000 |
|---|---|
| kg | kilogram(s) |
| l | liters |
| lb | pound(s) |
| lpm | Liter(s) per minute |
| m | meter(s) |
| meq | milliequivalent(s) |
| mg | milligram(s) |
| Mg | megagram - 106 gram |
| min | minute(s) |
| ml | milliliter(s) |
| mm | millimeter(s) |
| mol. wt. | molecular weight |
| mv | millivolt |
| N | newton |
| N | nitrogen |
| ng | nanogram - 10-9 gram |
| nm | nanometer(s) - 10-9 meter |
| NO | nitric oxide |
| NO2 | nitrogen dioxide |
| NOx | nitrogen oxides |
| O2 | oxygen |
| Pa | pascal |
| ppb | parts per billion |
| ppm | parts per million |
| psia | pounds per square inch absolute |
| s | second |
| sec | second |
| SO2 | sulfur dioxide |
| SO3 | sulfur trioxide |
| STD | at standard conditions |
| µg | microgram(s) - 10-6 gram |
| v | volt |
| w | watt |
(f) Permit Requirements: Compliance with the provisions of this section shall in no way relieve the owner or operator of responsibility for compliance with other applicable sections of these regulations. The permit requirements of Section 21 are specifically applicable to affected facilities subject to the requirements of this Section.
(i) Any owner or operator subject to the provisions of this section shall furnish the Administrator written notification as follows:
(A) A notification of the date construction (or reconstruction as defined under Section (l)) of an affected facility is commenced postmarked no later than 30 days after such date. This requirement shall not apply in the case of mass-produced facilities which are purchased in completed form.
(B) A notification of any physical or operational change to an existing facility which may increase the emission rate of any air pollutant to which a standard applies, unless that change is specifically exempted under an applicable subpart or in Section 22(k). This notice shall be postmarked 60 days or as soon as practicable before the change is commenced and shall include information describing the precise nature of the change, present and proposed emission control systems, productive capacity of the facility before and after the change, and the expected completion date of the change. The Administrator may request additional relevant information subsequent to this notice.
(C) A notification of the date upon which demonstration of the continuous monitoring system performance commences in accordance with Section 22(j) (iii). Notification shall be postmarked not less than 30 days prior to such date.
(D) A notification of the anticipated date for conducting the opacity observations required by Section 22(i)(v) of this part. The notification shall be postmarked not less than 30 days prior to such date.
(E) A notification that continuous opacity monitoring system data results will be used to determine compliance with the applicable opacity standard during a performance test required by Section 22(h) in lieu of Method 9 observation data as allowed by 22(i)(v)(D) of this part. This notification shall be postmarked not less than 30 days prior to the date of the performance test.
(ii) Any owner or operator subject to the provisions of this part shall maintain records of the occurrence and duration of any start-up, shutdown, or malfunction in the operation of an affected facility; any malfunction of the air pollution control equipment; or any periods during which a continuous monitoring system or monitoring device is inoperative.
(iii) Each owner or operator required to install a continuous monitoring system (CMS) or monitoring device shall submit an excess emissions and monitoring systems performance report (excess emissions are defined in applicable subparts) and/or a summary report form (see paragraph E of this section) to the Administrator semiannually, except when: more frequent reporting is specifically required by an applicable subpart; or the CMS data are to be used directly for compliance determination, in which case quarterly reports shall be submitted; or the Administrator, on a case-by-case basis, determines that more frequent reporting is necessary to accurately assess the compliance status of the source. All reports shall be postmarked by the 30th day following the end of each calendar half (or quarter, as appropriate). Written reports of excess emissions shall include the following information:
(A) The magnitude of excess emissions computed in accordance with Section 22(j) (viii), any conversion factor(s) used, and the date and time of commencement and completion of each time period of excess emissions. The process operating time during the reporting period.
(B) Specific identification of each period of excess emissions that occurs during start-ups, shutdowns, malfunctions of the affected facility. The nature and cause of any malfunction (if known), the corrective action taken or preventative measures adopted.
(C) The date and time identifying each period during which the continuous monitoring system was inoperative except for zero and span checks and the nature of the system repairs or adjustments.
(D) When no excess emissions have occurred or the continuous monitoring system(s) have not been in operative, repaired, or adjusted, such information shall be stated in the report.
(E) The summary report form shall contain the information and be in the format shown in Form B unless otherwise specified by the Administrator. One summary report form shall be submitted for each pollutant monitored at each affected facility.
(I) If the total duration of excess emissions for the reporting period is less than 1 percent of the total operating time for the reporting period and CMS downtime for the reporting period is less than 5 percent of the total operating time for the reporting period, only the summary report form shall be submitted and the excess emission report described in paragraph (iii) of this subsection need not be submitted unless requested by the Administrator.
(II) If the total duration of excess emissions for the reporting period is 1 percent or greater of the total operating time for the reporting period or the total CMS downtime for the reporting period is 5 percent or greater of the total operating time for the reporting period, the summary report form and the excess emission report described in paragraph (iii) of this subsection shall both be submitted.