Wyo. Code R. 020-0002-1
Effective Date: 08/19/1997 to 12/12/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 020.0002.1.08191997
WYOMING AIR QUALITY STANDARDS AND REGULATIONS
Section 1. Introduction. 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 Appendix II(A) of these regulations, 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 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 (3) (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 |
(3) Applicable to individual fuel burning equipment units with the noted heat input values.
| TABLE 4c ALLOWABLE SO2 EMISSION RATE (4) (lb/106 Btu Heat Input) | ||||
|---|---|---|---|---|
| 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 (5) | 1.2 | 1.2 | 0.65 |
(4) Applicable to individual fuel burning equipment units with the noted heat input values.
(5) 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 II, Section 22 of these regulations 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 II of Section 22 of these regulations 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 SO₂ per 100 square centimeters per day, maximum annual average;
(ii) 0.50 milligrams SO₂ 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 ambient air standard for photochemical oxidants, measured and corrected for interferences from nitrogen oxides and sulfur dioxide by the reference method described in 40 CFR 50.11, in Appendix D, or by an equivalent method is:
(i) 160 micrograms per cubic meter (0.08 ppm)--maximum 1 hour concentration not to be exceeded more than once per year.
(a) Hydrocarbon emissions shall be limited by all persons handling, transporting, or storing volatile organic compounds to prevent unnecessary emissions. Measures considered appropriate for such control, or any equivalent method shall be:
(i) All waste disposal combustion systems for organic compounds from a vapor blowdown or emergency relief system shall be burned by smokeless flares or an equally effective control device;
(ii) The storage of gasoline or petroleum distillates having a Reid Vapor Pressure (RVP) in excess of five pounds in any stationary tank, reservoir, or other container of more than 65,000 gallons shall be in a pressure tank capable of maintaining working pressures sufficient at all times to prevent vapor or gas loss to the atmosphere;
(iii) Floating roofs, consisting of a pontoon type, double deck roof, or internal floating cover, resting on the liquid surface, equipped with seals between the roof and tank wall shall be considered as appropriate control equipment to prevent such vapor loss. Tank gauging devices shall be gas tight except when tank gauging or sampling is taking place;
(iv) Vapor recovery systems capable of collecting volatile organic vapors and a disposal system capable of processing such vapors in a manner that prevents their discharge to the atmosphere shall be considered as appropriate control equipment to prevent such vapor loss.
(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 Appendix II, Method 7, Section 22 of these regulations 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 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 equipment calculated as nitrogen dioxide shall be limited to 0.75 pounds per million Btu (1.35 grams per million gram calories) heat input.
(c) The requirements of this section 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:
(i) Statewide Standard
| Averaging Time | Maximum Allowable Concentration 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 |
(ii) Regional Standard
| 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.
(a) Refuse burning restrictions.
(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.
(b) Restrictions on open burning of trade wastes.
(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).
(c) Restrictions on open burning of plant and forestry wastes.
(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).
| 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 I for the process weight rates up to 60,000 lbs/hr shall be accomplished by the use of the equation:
$$E = 3.59 P0.62 P \leq 30 \text{ tons/hr}$$
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:
$$E = 17.31 P0.36 P > 30 \text{ tons/hr}$$
Where: E = Emissions in pounds per hour. P = Process weight rate in tons per hour.
| TABLE II | |||||
|---|---|---|---|---|---|
| PROCESS WEIGHT RATE | RATE OF EMISSION | PROCESS WEIGHT RATE | RATE OF EMISSION | ||
| lb/hr | tons/h | lb/hr | lb/hr | tons/h | lb/hr |
| 100 | 0.05 | 0.551 | 16,000 | 8 | 16.5 |
| 200 | 0.10 | 0.877 | 18,000 | 9 | 17.9 |
| 400 | 0.20 | 1.40 | 20,000 | 10 | 19.2 |
| 600 | 0.30 | 1.83 | 30,000 | 15 | 25.2 |
| 800 | 0.40 | 2.22 | 40,000 | 20 | 30.5 |
| 1,000 | 0.50 | 2.58 | 50,000 | 25 | 35.4 |
| 1,500 | 0.75 | 3.38 | 60,000 | 30 | 40.0 |
| 2,000 | 1.00 | 4.10 | 70,000 | 35 | 41.3 |
| 2,500 | 1.25 | 4.76 | 80,000 | 40 | 42.5 |
| 3,000 | 1.50 | 5.38 | 90,000 | 45 | 43.6 |
| 3,500 | 1.75 | 5.96 | 100,000 | 50 | 44.6 |
| 4,000 | 2.00 | 6.52 | 120,000 | 60 | 46.3 |
| 5,000 | 2.50 | 7.58 | 140,000 | 70 | 47.8 |
| 6,000 | 3.00 | 8.56 | 160,000 | 80 | 49.0 |
| 7,000 | 3.50 | 9.49 | 200,000 | 100 | 51.2 |
| 8,000 | 4.00 | 10.4 | 1,000,000 | 500 | 69.0 |
| 9,000 | 4.50 | 11.2 | 2,000,000 | 1,000 | 77.6 |
| 10,000 | 5.00 | 12.0 | 6,000,000 | 3,000 | 92.7 |
| 12,000 | 6.00 | 13.6 |
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 $$E = 4.10 P0.17$$, 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 = 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 licensed to practice in Wyoming and all expenses incurred in such determination shall be defrayed by the person responsible for the emission.
(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 x 106 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 II, Section 22 of these regulations. 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 from which such emissions occur of sufficient strength to be equal to but not greater than that detectable after 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 $\mu g/m^3$, 24-hour average;
(B) $SO_2$ - 800 $\mu g/m^3$ (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 from 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.
(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:
(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 cancelled. 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.
(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. ft2; 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.
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(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 given in Appendix I. 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 given in Appendix II.
(b) Designated standards of performance: The following Standards of Performance are listed and designated as they are titled and appear in Appendix I:
Subpart V - Phosphate Fertilizer Industry: Diammonium Phosphate Plants Subpart W - Phosphate Fertilizer Industry: Triple Super-Phosphate Plants Subpart X - Phosphate Fertilizer Industry: Granular Triple Super-Phosphate Storage Facilities Subpart Y - Coal Preparation Plants Subpart Z - Ferroalloy Production Subpart AA - Steel Plants: Electric Arc Furnaces, Construction Commenced After October 21, 1974 Subpart AAa- Steel Plants: Electric Arc Furnaces, Construction Commenced After August 7, 1983 Subpart BB - Kraft Pulp Mills Subpart CC - Glass Manufacturing Plants Subpart DD - Grain Elevators Subpart EE - Surface Coating of Metal Furniture Subpart GG - Gas Turbines Subpart HH - Lime Manufacturing Plants Subpart KK - Lead-Acid Battery Manufacturing Plants Subpart LL - Metallic Mineral Processing Plants Subpart MM - Automobile and Light Truck Surface Coating Operations Subpart NN - Phosphate Rock Plants Subpart PP - Ammonium Sulfate Manufacture Subpart QQ - Graphic Arts Industry: Publication Rotogravure Printing Subpart RR - Sensitive Tape and Label Surface Coating Operations Subpart SS - Industrial Surface Coating: Large Appliances Subpart TT - Metal Coil Surface Coating Subpart UU - Asphalt Processing and Asphalt Roofing Manufacture Subpart VV - Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry Subpart WW - Beverage Can Surface Coating Industry Subpart XX - Bulk Gasoline Terminals Subpart AAA- New Residential Wood Heaters Subpart BBB- Rubber Tire Manufacturing Industry Subpart DDD- VOC Emissions From the Polymer Manufacturing Industry Subpart FFF- Flexible Vinyl and Urethane Coating and Printing Subpart GGG- Equipment Leaks of VOC in Petroleum Refineries Subpart HHH- Synthetic Fiber Production Facilities Subpart III- Volatile Organic Compound Emissions From the Synthetic Organic Chemical Manufacturing Industry Air Oxidation Unit Processes Subpart JJJ- Petroleum Dry Cleaners Subpart KKK- Onshore Natural Gas Processing: Equipment Leaks of VOC Subpart LLL- Onshore Natural Gas Processing: SO₂ Emissions Subpart NNN- Volatile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry Distillation Operations Subpart OOO- Non-Metallic Mineral Processing Plants Subpart PPP- Wool Fiberglass Insulation Manufacturing Plants Subpart QQQ- VOC Emissions From Petroleum Refinery Wastewater Systems Subpart SSS- Magnetic Tape Coating Facilities Subpart TTT- Surface Coating of Plastic Parts for Business Machines Subpart VVV- Polymeric Coating of Supporting Substrates Facilities (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 Appendix I.
(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) 'Standard' means a standard of performance proposed or promulgated under this part.
(ii) 'Stationary source' means any building, structure, facility, or installation which emits or may emit any air pollutant.
(iii) 'Affected facility' means, with reference to a stationary source, any apparatus to which a standard is applicable.
(iv) '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.
(v) 'Construction' means fabrication, erection, or installation of an affected facility.
(vi) 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.
(vii) "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. (viii) "Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in this part. (ix) "Standard conditions" means a temperature of (293\circ\mathrm{K}) (68°F) and a pressure of 101.3 Kilopascals of Hg (29.92 in. of Hg). (x) "Proportional sampling" means sampling at a rate that produces a constant ratio of sampling rate to stack gas flow rate. (xi) "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. (xii) "Start-up" means the setting in operation of an affected facility for any purpose. (xiii) "Shutdown" means the cessation of operation of an affected facility for any purpose. (xiv) "Malfunction" means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions. (xv) "One-hour period" means any 60 minute period commencing on the hour. (xvi) "Reference method" means any method of sampling and analyzing for an air pollutant as specified in the applicable subpart. (xvii) "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. (xviii) "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.
(xix) '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.
(xx) '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.
(xxi) 'Six-minute period' means any one of the 10 equal parts of a one-hour period.
(xxii) '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.
(xxiii) 'Monitoring device' means the total equipment, required under the monitoring of operations sections, used to measure and record (if applicable) process parameters.
(xxiv) '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.
(xxv) '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.
(xxvi) 'Act' means the Clean Air Act (42 U.S.C. 1857 et seq., as amended by pub. L. 91-604, 84 stat.1676)
(xxvii) '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.
(xxviii) The abbreviations used in this section have the following meanings:
A.S.T.M. - American Society for Testing and Materials Btu - British thermal unit °C - degree Celsius (centigrade) cal - calorie CdS - Cadmium sulfide cfm - cubic feet per minute
CO - carbon monoxide CO₂ - carbon dioxide dscm - dry cubic meter(s) at standard conditions dscf - dry cubic feet at standard conditions eq - equivalents °F - degree Fahrenheit g - gram(s) gal - gallon(s) g eq - gram equivalents gr - grain(s) hr - hour(s) HCl - hydrochloric acid Hg - mercury H₂O - water H₂S - hydrogen sulfide H₂SO₄ - sulfuric acid in - inch(es) °K - degree Kelvin k - 1,000 kg - kilogram(s) l - liters lpm - Liter(s) per minute lb - pound(s) m - meter(s) meq - milliequivalent(s) min - minute(s) mg - milligram(s) ml - milliliter(s) mm - millimeter(s) mol. wt. - molecular weight mv - millivolt N - nitrogen nm - nanometer(s) - 10⁻³ meter NO - nitric oxide NO₂ - nitrogen dioxide NOₓ - nitrogen oxides O₂ - oxygen ppb - parts per billion ppm - parts per million psia - pounds per square inch absolute °R - degree Rankine STD - at standard conditions sec - second SO₂ - sulfur dioxide SO₃ - sulfur trioxide μg - microgram(s) - 10⁻⁶ gram A - ampere Hz - hertz J - joule Mg - megagram - 10⁶ gram N - newton ng - nanogram - 10⁻³ gram Pa - pascal s - second 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 shall submit a written report of excess emissions (as defined in applicable subparts) to the Administrator for every calendar quarter. All quarterly reports shall be postmarked by the 30th day following the end of each calendar quarter and 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 inoperative, repaired, or adjusted, such information shall be stated in the report.
(iv) Any owner or operator subject to the provisions of this part shall maintain a file of all measurements, including continuous monitoring system, monitoring device, and performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other information required by this part recorded in a permanent form suitable for inspection. The file shall be retained for at least two years following the date of such measurements, maintenance, reports, and record.
(v) Individual subparts of Appendix I may include specific provisions which clarify or made inapplicable the provisions set forth in this section.
(i) The owner or operator of an affected facility shall conduct performance test(s) within the times specified in Section 21(j) and furnish the Administrator a written report of the results of such performance test(s).
(ii) Performance tests shall be conducted and data reduced in accordance with the test methods and procedures contained in each applicable subpart unless the Administrator (1) specifies or approves, in specific cases, the use of a reference method with minor changes in methodology; (2) approves the use of an equivalent method; (3) approves the use of an alternative method the results of which he had determined to be adequate for indicating whether a specific source is in compliance;
(4) waives the requirement for performance tests because the owner or operator of a source has demonstrated by other means to the Administrator's satisfaction that the affected facility is in compliance with the standard; or (5) approves shorter sampling times and smaller sample volumes when necessitated by process variables or other factors. Nothing in this paragraph shall be construed to abrogate the Administrator's authority to require other testing.
(iii) Performance tests shall be conducted under such conditions as the Administrator shall specify to the plant operator based on representative performance of the affected facility. The owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of the performance tests. Operations during periods of start-up, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test nor shall emissions in excess of the level of the applicable emission limit during periods of start-up, shutdown, and malfunction be considered a violation of the applicable emission limit unless otherwise specified in the applicable standard.
(iv) The owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as follows:
(A) Sampling ports adequate for test methods applicable to such facility. This includes:
(I) Constructing the air pollution control system such that volumetric flow rates and pollutant emission rates can be accurately determined by applicable test methods and procedures and;
(II) Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test methods and procedures;
(B) Safe sampling platform(s);
(C) Safe access to sampling platform(s);
(D) Utilities for sampling and testing equipment.
(v) Unless otherwise specified in the applicable subpart, each performance test shall consist of three separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining compliance with an applicable standard, the arithmetic means of results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances, beyond the owner or operator's control, compliance may, upon the Administrator's approval, be determined using the arithmetic mean of the results of the two other runs.
(i) Compliance with standards in this part, other than opacity standards, shall be determined only by performance tests established by Section 22(h), unless otherwise specified in the applicable standard.
(ii) Compliance with opacity standards in this part shall be determined by conducting observations in accordance with Reference Method 9 in Appendix II of this section or any alternative method that is approved by the Administrator, or as provided in paragraph (v)(d) of this section. For purposes of determining initial compliance, the minimum total time of observations shall be 3 hours (30 6-minute averages) for the performance test or other set of observations (meaning those fugitive-type emission sources subject only to an opacity standard).
(iii) The opacity standards set forth in this part shall apply at all times except during periods of start-up, shutdown, malfunction, and as otherwise provided in the applicable standard.
(iv) At all times, including periods of start-up, shutdown, and malfunction, owners and operators shall, to the extent practicable, maintain and operate any affected facility including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.
(v)(A) For the purpose of demonstrating initial compliance, opacity observations shall be conducted concurrently with the initial performance test required in Section 22(h) unless one of the following conditions apply. If no performance test under Section 22(h) is required, then opacity observations shall be conducted within 60 days after achieving the maximum production rate at which the affected facility will be operated but no later than 180 days after initial start-up of the facility. If visibility or other conditions prevent the opacity observations from being conducted concurrently with the initial performance test required under Section 22(h), the source owner or operator shall reschedule the opacity observations as soon after the initial performance test as possible, but not later than 30 days thereafter, and shall advise the Administrator of the rescheduled date.
In these cases, the 30 day prior notification to the Administrator required in Section 22(g)(i)(D) shall be waived. The rescheduled opacity observations shall be conducted (to the extent possible) under the same operating conditions that existed during the initial performance test conducted under Section 22(h). The visible emissions observer shall determine whether visibility or other conditions prevent the opacity observations from being made concurrently with the initial performance test in accordance with procedures contained in reference Method 9 of Appendix II of this part. Opacity reading of portions of plumes which contain condensed, uncombined water vapor shall not be used for purposes of determining compliance with opacity standards. The owner or operator of an affected facility shall make available, upon request by the Administrator, any records as may be necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible observer emission certification. Except as provided in paragraph (v)(d) of this section, the results of continuous monitoring by transmissometer which indicate that the opacity at the time visual observations were made was not in excess of the standard are probative but not conclusive evidence of the actual opacity of an emission, provided that the source shall meet the burden of proving that the instrument used meets (at the time of the alleged violation) Performance Specification 1 in Appendix II,B of this part, has been properly maintained and (at the time of the alleged violation) that the resulting data have not been altered in any way.
(I) The inability of an owner or operator to secure a visible emissions observer shall not be considered a reason for not conducting the opacity observations concurrent with the initial performance test.
(B) The owner or operator of an affected facility to which an opacity standard in this part applies shall conduct opacity observations in accordance with Section 22(i)(ii), shall record the opacity of emissions, and shall report to the Administrator the opacity results along with the results of the initial performance test required under Section 22(h).
(C) An owner or operator of an affected facility using a continuous opacity monitor (transmissometer) shall record the monitoring data produced during the initial performance test required by Section 22(h) and furnish the Administrator a written report of the monitoring results along with Method 9 and Section 22(h) performance test results.
(D) An owner or operator of an affected facility subject to an opacity standard may submit, for compliance purposes, continuous opacity monitoring system (COMS) data results produced during any performance test required under Section 22(h) in lieu of Method 9 observation data. If an owner or operator elects to submit COMS data for compliance with the opacity standard, he shall notify the Administrator of that decision in writing, at least 30 days before any performance test required under Section 22(h) is conducted. Once the owner or operator of an affected facility has notified the Administrator to that effect, the COMS data results will be used to determine opacity compliance during subsequent test required under Section 22(h) until the owner or operator notifies the Administrator in writing to the contrary. For the purpose of determining compliance with the opacity standard during a performance test required under Section 22(h) using COMS data the minimum total time of COMS data collection shall be averages of all 6-minute continuous periods within the duration of the mass emission performance test. Results of the COMS opacity determinations shall be submitted along with the results of the performance test required under Section 22(h). The owner or operator of an affected facility using a COMS for compliance purposes is responsible for demonstrating that the COMS meets the requirements specified in Section 22(j)(iii) of this part, that the COMS has been properly maintained and operated, and that the resulting data have not been altered in any way. If COMS data results are submitted for compliance with the opacity standard for a period of time during which Method 9 data indicates noncompliance, the Method 9 data will be used to determine opacity compliance.
(E) Upon receipt from an owner or operator of the written reports of the results of the performance tests required by Section 22(h), the opacity observation results and observer certification required by Section 22(i)(v)(a) and the COMS results, if applicable, the Administrator will make a finding concerning compliance with opacity and other applicable standards. If COMS data results are used to comply with an opacity standard, only those results are required to be submitted along with the performance test results required by 22(h). If the Administrator finds that an affected facility is in compliance with all applicable standards for which performance tests are conducted in accordance with 22(h) of this part but during the time such performance tests are being conducted 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 the affected facility.
The notifications received requesting adjustments to the opacity standard of the affected facility will be forwarded to EPA for resolution.
(vi) Special provisions set forth under an applicable subpart in Appendix I shall supersede any conflicting provisions in this section.
(i) For the purposes of this section, all continuous monitoring systems required under applicable subparts shall be subject to the provisions of this section upon promulgation of performance specifications for continuous monitoring systems under Appendix II, B to this part and, if the continuous monitoring system is used to demonstrate compliance with emission limits on a continuous basis, Appendix II, F to this part, unless otherwise specified in an applicable subpart or by the Administrator. Appendix II, F is applicable December 4, 1987.
(ii) All continuous monitoring systems and monitoring devices shall be installed and operational prior to conducting performance tests under Section 22(h). Verification of operational status shall, as a minimum, include completion of manufacturer's written requirements or recommendations for installation, operation, and calibration of the device.
(iii) If the owner or operator of an affected facility elects to submit continuous opacity monitoring system (COMS) data for compliance with the opacity standard as provided under 22(i)(v)(d) he shall conduct a performance evaluation of the COMS as specified in Performance Specification 1, Appendix II, B of this part before the performance test required under 22(h) is conducted. Otherwise, the owner or operator of an affected facility shall conduct a performance evaluation of the COMS or continuous emission monitoring system (CEMS) during any performance test required under Section 22(h) or within 30 days thereafter in accordance with the applicable performance specification in Appendix II, B of this part. The owner or operator of an affected facility shall conduct COMS or CEMS performance evaluations at such other times as may be required by the Administrator.
(A) The owner or operator of an affected facility using a COMS to determine opacity compliance during any performance test required under Section 22(h) and as described in 22(i)(v)(d) shall furnish the Administrator two or, upon request, more copies of a written report of the results of the COMS performance evaluation described in paragraph (iii) of this section at least 10 days before the performance test required under 22(h) is conducted.
(B) Except as provided in paragraph (iii)(a) of this section, the owner or operator of an affected facility shall furnish the Administrator within 60 days of completion two or, upon request, more copies of a written report of the results of the performance evaluation.
(C) These continuous monitoring system performance evaluations, except as provided in paragraph (x) of this section shall be conducted in accordance with the requirements and procedures contained in the applicable performance specification of Appendix II, B as follows:
(I) Continuous monitoring systems for measuring opacity of emissions installed on or after March 30, 1983 shall comply with all the provisions and requirements in Performance Specification 1: continuous monitoring systems for measuring opacity of emissions installed before March 30, 1983 are required to comply with the provisions and requirements of Performance Specification 1 except for the following:
(1.) Section 4 - Installation specifications.
(2.) Paragraphs 5.1.4 - Optical alignment sight, 5.1.6 - Access to external optics, 5.1.7 - Automatic zero compensation indicator, and 5.1.8 - Slotted tube of Section 5 - Design and Performance Specification 1.
(3.) Paragraph 6.4 - Optical alignment sight of Section 6. Design specifications verification procedure.
If an existing opacity monitoring system is replaced on or after March 30, 1983, the new opacity monitoring system shall comply with the requirements of Performance Specification 1, except the new monitoring system may be located at the same measurement location as for the replaced monitoring system. If a new measurement location is to be determined at the time of replacement, the new location must meet the requirements of Performance Specification 1.
(II) Continuous monitoring systems for measuring nitrogen oxides emissions shall comply with Performance Specification 2.
(III) Continuous monitoring systems for measuring sulfur dioxide emissions shall comply with Performance Specification 2.
(IV) Continuous monitoring systems for measuring the oxygen content or carbon dioxide content of effluent gases shall comply with Performance Specification 3.
(iv) (A) Owners and operators of all continuous emission monitoring systems installed in accordance with the provisions of this part shall check the zero (or low-level value between 0 and 20 percent of span value) and span (50 to 100 percent of span value) calibration drifts at least once daily in accordance with a written procedure. The zero and span shall, as a minimum, be adjusted whenever the 24-hour zero drift or 24-hour span drift exceeds two times the limits of the applicable performance specifications in Appendix II, B. The system must allow the amount of excess zero and span drift measured at the 24-hour interval checks to be recorded and quantified, whenever specified. For continuous monitoring systems measuring opacity of emissions, the optical surfaces exposed to the effluent gases shall be cleaned prior to performing the zero and span drift adjustments except that for systems using automatic zero adjustments, the optical surfaces shall be cleaned when the cumulative zero compensation exceeds 4 percent opacity.
(B) Unless otherwise approved by the Administrator, the following procedures shall be followed for continuous monitoring systems measuring opacity of emissions. Minimum procedures shall include a method for producing a simulated zero opacity condition and an upscale (span value) opacity condition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. Such procedures shall provide a system check of the analyzer internal optical surfaces and all electronic circuitry including the lamp and photodetector assembly.
(v) Except for system breakdown, repairs, calibration checks, and zero and span adjustments required under paragraph (iv) of this section, all continuous monitoring systems shall be in continuous operation and shall meet minimum frequency of operation requirements as follows:
(A) All continuous monitoring systems referenced by paragraphs (iii)(A) and (B) of this section for measuring opacity of emissions shall complete a minimum of one cycle of sampling and analyzing for each successive ten-second period and one cycle of data recording for each successive six-minute period.
(B) All continuous monitoring systems referenced by paragraph (iii)(A) and (B) of this section for measuring emissions, except opacity shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15 minute period.
(vi) All continuous monitoring systems or monitoring devices shall be installed such that representative measurements of emissions or process parameters from the affected facility are obtained. Additional procedures for location of continuous monitoring systems contained in the applicable Performance Specifications of Appendix II, B of this section shall be used.
(vii) When the effluents from a single affected facility or two or more affected facilities subject to the same emission standards are combined before being released to the atmosphere, the owner or operator may install applicable continuous monitoring systems on each effluent or on the combined effluent. When the affected facilities are not subject to the same emission standards, separate continuous monitoring systems shall be installed on each effluent. When the effluent from one affected facility is released to the atmosphere through more than one point, the owner or operator shall install applicable continuous monitoring systems on each separate effluent unless the installation of fewer systems is approved by the Administrator. When more than one continuous monitoring system is used to measure the emissions from one affected facility (e.g. multiple breechings, multiple outlets), the owner or operator shall report the results as required from each continuous monitoring system.
(viii) Owners or operators of all continuous monitoring systems for measurement of opacity shall reduce all data to six-minute averages and for systems other than opacity to one-hour averages for time periods under Section 22(e)(xxi) and (xv) respectively. Six-minute opacity averages shall be calculated from 36 or more data points equally spaced over each six-minute period. For systems other than opacity, one-hour averages shall be computed from four or more data points equally spaced over each one-hour period. Data recorded during periods of system breakdowns, repairs, calibration checks, and zero and span adjustments shall not be included in the data averages computed under this paragraph. An arithmetic or integrated average of all data may be used. The data output of all continuous monitoring systems may be recorded in reduced or non-reduced form (e.g. ppm pollutant and percent O₂ or lb/million Btu of pollutant). All excess emissions shall be converted into units of the standard using the applicable conversion procedures specified in subparts. After conversion into units of the standard, the data may be rounded to the same number of significant digits used in subparts to specify the applicable standard (e.g., rounded to the nearest one percent opacity).
(ix) Upon written application by an owner or operator, the Administrator may approve alternatives to any monitoring procedures or requirements of this part including, but not limited to the following:
(A) Alternative monitoring requirements when installation of a continuous monitoring system or monitoring device specified by this part would not provide accurate measurements due to liquid water or other interferences caused by substances with the effluent gases.
(B) Alternative monitoring requirements when the affected facility is infrequently operated.
(C) Alternative monitoring requirement to accommodate continuous monitoring systems that require additional measurements to correct for stack moisture conditions.
(D) Alternative locations for installing continuous monitoring systems or monitoring devices when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements.
(E) Alternative methods of converting pollutant concentration measurements to units of the standards.
(F) Alternative procedures for performing daily checks of zero and span drift that do not involve use of span gases or test cells.
(G) Alternatives to the A.S.T.M. test methods or sampling procedures specified by any subpart.
(H) Alternative continuous monitoring systems that do not meet the design or performance requirements in Performance Specification 1, Appendix II B, but adequately demonstrate a definite and consistent relationship between its measurements and the measurements of opacity by a system complying with the requirements in Performance Specification 1.
The Administrator may require that such demonstration be performed for each affected facility.
(I) Alternative monitoring requirements when the effluent from a single affected facility or the combined effluent from two or more affected facilities are released to the atmosphere through more than one point.
(x) An alternative to the relative accuracy test specified in Performance Specification 2 of Appendix II, B may be requested as follows:
(A) An alternative to the reference method tests for determining relative accuracy is available for sources with emission rates demonstrated to be less than 50 percent of the applicable standard. A source owner or operator may petition the Administrator to waive the relative accuracy test in Section 7 of Performance Specification 2 and substitute the procedures in Section 10 if the results of the performance test conducted according to the requirements in Section 22(h) of this subpart or other tests performed following the criteria in Section 22 (h) demonstrate that the emission rate of the pollutant of interest in the units of the applicable standard is less than 50 percent of the applicable standard. For sources subject to standards expressed as control efficiency levels, a source owner or operator may petition the Administrator to waive the relative accuracy test and substitute the procedures in Section 10 of Performance Specification 2 if the control device exhaust emission rate is less than 50 percent of the level needed to meet the control efficiency requirement. The alternative procedures do not apply if the continuous emission monitoring system is used to determine compliance continuously with the applicable standard. The petition to waive the relative accuracy test shall include a detailed description of the procedures to be applied. Included shall be location and procedure for conducting the alternative, the concentration or response levels of the alternative RA materials, and the other equipment checks included in the alternative procedure. The Administrator will review the petition for completeness and applicability. The determination to grant a waiver will depend on the intended use of the CEMS data (e.g. data collection purposes other than NSPS) and may require specifications more stringent than in Performance Specification 2 (e.g. the applicable emission limit is more stringent than NSPS).
(B) The waiver of CEMS relative accuracy test will be reviewed and may be rescinded at such time following successful completion of the alternative RA procedure that the CEMS data indicate the source emissions approaching the level of the applicable, standard. The criterion for reviewing the waiver is the collection of CEMS data showing that emissions have exceeded 70 percent of the applicable standard for seven consecutive, averaging periods as specified by the applicable regulation(s). For sources subject to standards expressed as control efficiency levels, the criterion for reviewing the waiver is the collection of CEMS data showing that exhaust emissions have exceeded 70 percent of the level needed to meet the control efficiency requirement for seven, consecutive, averaging periods as specified by the applicable regulation(s). It is the responsibility of the source operator to maintain records and determine the level of emissions relative to the criterion on the waiver of relative accuracy testing. If this criterion is exceeded, the owner or operator must notify the Administrator within 10 days of such occurrence and include a description of the nature and cause of increasing emissions. The Administrator will review the notification and may rescind the waiver and require the owner or operator to conduct a relative accuracy test of the CEMS as specified in Section 7 of Performance Specification 2.
(i) Except as provided under paragraphs (iv) and (v) of this section, any physical or operation change to an existing facility which results in an increase in the emission rate to the atmosphere of any pollutant to which a standard applies shall be considered a modification. Upon modification, an existing facility shall become an affected facility for each pollutant to which a standard applies and for which there is an increase in the emission rate to the atmosphere.
(ii) Emission rate shall be expressed as kg/hr of any pollutant discharged into the atmosphere for which a standard is applicable. The Administrator shall use the following to determine emission rate:
(A) Emission factors as specified in the latest issue of 'Compilation of Air Pollutant Emission Factors,' EPA Publication No. AP-42, or other emission factors determined by the Administrator to be superior to AP-42 emission factors, in cases where utilization of emission factors demonstrate that the emission level resulting from the physical or operational change will either clearly increase or clearly not increase.
(B) Material balances, continuous monitor data, or manual emission tests in cases where utilization of emission factors as referenced in paragraph (ii)(A) of this section does not demonstrate to the Administrator's satisfaction whether the emission level resulting from the physical or operational change will either clearly increase or clearly not increase, or where an owner or operator demonstrates to the Administrator's satisfaction that there are reasonable grounds to dispute the result obtained by the Administrator utilizing emission factors as referenced in paragraph (ii)(A) of this section. When the emission rate is based on results from manual emission tests or continuous monitoring systems, the procedures specified on Appendix II C of this part shall be used to determine whether an increase in emission rate has occurred. Tests shall be conducted under such conditions as the Administrator shall specify to the owner or operator based on representative performance of the facility. At least three valid test runs must be conducted before and at least three after the physical or operational change. All operating parameters which may affect emissions must be held constant to the maximum feasible degree for all test runs.
(iii) The addition of an affected facility to a stationary source as an expansion to that source or as a replacement for an existing facility shall not by itself bring within the applicability of this part any other facility within that source.
(iv) The following shall not, by themselves, be considered modifications under this part:
(A) Maintenance, repair, and replacement which the Administrator determines to be routine for a source category, subject to the provisions of paragraph (iii) of this section and Section 22(i).
(B) An increase in production rate of an existing facility, if that increase can be accomplished without a capital expenditure on the stationary source containing that facility.
(C) An increase in the hours of operation.
(D) Use of an alternative fuel or raw material if, prior to the date any standard under this part becomes applicable to that source type, as provided by Section 22(d), the existing facility was designed to accommodate that alternative use. A facility shall be considered to be designed to accommodate an alternative fuel or raw material if that use could be accomplished under the facility's construction specifications, as amended, prior to the change.
(E) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system which the Administrator determines to be less environmentally beneficial.
(F) The relocation or change in ownership of an existing facility.
(v) Special provisions set forth under an applicable subpart shall supersede any conflicting provisions of Section 22(k).
(vi) Within 180 days of the completion of any physical or operational change subject to the control measures specified in paragraphs 22(k)(i) of this section, compliance with all applicable standards must be achieved.
(1) Reconstruction:
(i) An existing facility, upon reconstruction, becomes an affected facility, irrespective of any change in emission rate.
(ii) 'Reconstruction' means the replacement of components of an existing facility to such an extent that:
(A) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new facility, and
(B) It is technologically and economically feasible to meet the applicable standards set forth in this part.
(iii) 'Fixed capital cost' means the capital needed to provide all the depreciable components.
(iv) If an owner or operator of an existing facility proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new facility, he shall notify the Administrator of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:
(A) Name and address of the owner or operator.
(B) The location of the existing facility.
(C) A brief description of the existing facility and the components which are to be replaced.
(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment.
(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new facility.
(F) The estimated life of the existing facility after the replacements.
(G) A discussion of any economic or technical limitations the facility may have in complying with the applicable standards of performance after the proposed replacements.
(v) The Administrator will determine, within 30 days of the receipt of the notice required by paragraph (iv) of this section and any additional information he may reasonably require, whether the proposed replacement constitutes reconstruction.
(vi) The Administrator's determination under paragraph (v) shall be based on:
(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new facility;
(B) The estimated life of the facility after the replacements compared to the life of a comparable entirely new facility;
(C) The extent to which the components being replaced cause or contribute to the emissions from the facility and
(D) Any economic or technical limitations on compliance with applicable standards of performance which are inherent in the proposed replacements.
(vii) Individual subparts may include specific provisions which refine and delimit the concept of reconstruction set forth in this section.
(i) This section contains requirements for control devices used to comply with applicable subparts of Section 22. The requirements are placed here for administrative convenience and only apply to facilities covered by subparts referring to this Section.
(I) Flares shall be designed for and operated with no visible emissions as determined by the methods specified in paragraph (D), except for periods not to exceed a total of 5 minutes during any 2 consecutive hours.
(II) Flares shall be used only with the net heating value of the gas being combusted being 300 Btu/Scf (11.2 MJ/scm) or greater if the flare is steam-assisted or air-assisted or with the net heating value of the gas being combusted being 200 Btu/scf (7.45 MJ/scm) or greater if the flare is nonassisted. The net heating value of the gas being combusted shall be determined by the methods specified in paragraph (D).
(III) Steam-assisted and nonassisted flare shall be designed for and operated with an exit velocity as determined by the methods specified in paragraph (D)(IV), less than 60 ft/sec (18.3 m/sec) except as follows:
(1.) Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the methods specified in paragraph (D)(IV) equal to or greater than 60 ft/sec (18.3 m/sec) but less than 400 ft/sec (122 m/sec) are allowed if the net heating value of the gas being combusted is greater than 1000 Btu/scf (37.3 MJ/scm).
(2.) Steam-assisted and nonassisted flares designed for and operated with an exit velocity as determined by the methods specified in paragraph (D)(IV), less than the velocity Vmax, as determined by the method specified in paragraph (D)(V), and less than 400 ft/sec (122 m/sec) are allowed.
(IV) Air-assisted flares shall be designed and operated with an exit velocity less than the velocity, Vmax, as determined by the method specified in paragraph (D)(VI).
(V) Flares used to comply with this section shall be steam-assisted, air-assisted or nonassisted.
(B) Owners or operators of flares used to comply with the provisions of this section shall monitor these control devices to ensure that they are operated and maintained in conformance with their designs. Applicable subparts will provide provisions stating how owners or operators of flares shall monitor these control devices.
(C) Flares used to comply with the provisions of an applicable subpart shall be operated at all times when emissions may be vented to them.
(D) Determinations:
(I) Reference Method 22 shall be used to determine the compliance of flares with the visible emission provisions of this Section. The observation period is 2 hours and shall be used according to Method 22.
(II) The presence of a flare pilot flame shall be monitored using a thermocouple or any other equivalent device to detect the presence of a flame.
(III) The net heating value of the gas being combusted in a flare shall be calculated using the following equation:
$$H_t = K \sumi=1n C_i H_i$$
where:
Ht = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgass is based on combustion at 25°C and 760 mm Hg, but the standard temperature for determining the value corresponding to one mole is 20°C.
K = Constant,
$$1.740 \times 10-7 \frac{1}{(\text{ppm})} \frac{\text{g mole}}{(\text{scm})} \frac{\text{MJ}}{(\text{kcal})}$$
Where the standard temperature of $\frac{\text{g mole}}{(\text{scm})}$ is 20°C
Ct = Concentration of sample component i in ppm on a wet basis, as measured for organics by reference method 18 and measured for hydrogen and carbon monoxide by ASTM D1946-77.
H₁ = Net heat of combustion of sample component i, kcal/g mole at 25 °C and 760 mm Hg. The heats of combustion may be determined using ASTM D2382-76 if published values are not available or cannot be calculated.
(IV) The actual exit velocity of a flare shall be determined by dividing the volumetric flowrate (in units of standard temperature and pressure), as determined by reference methods 2, 2A, 2C, or 2D as appropriate; by the unobstructed (free) cross sectional area of the flare tip.
(V) The maximum permitted velocity Vmax, for flares complying with paragraph (A)(III)(2.) shall be determined by the following equation:
$$\text{Log}10(\text{Vmax}) = (H_T + 28.80)/31.7$$
Vmax = Maximum permitted velocity, m/sec
28.8 = Constant
31.7 = Constant
Hₜ = The net heating value as determined in paragraph (D)(III)
(VI) The maximum permitted velocity, Vmax, for air-assisted flares shall be determined by the following equation:
$$\text{Vmax} = 8.706 + 0.7084(H_T)$$
Vmax = Maximum permitted velocity m/sec
8.706 = Constant
0.7084 = Constant
Hₜ = The net heating value as determined in paragraph (D)(III)
(a) The owner or operator of any existing solid fossil fuel fired steam generator with a heat input greater than 250 million BTU per hour shall install, calibrate, operate, and maintain a continuous monitoring system for stack gas opacity.
(i) Such continuous monitoring equipment shall be demonstrated by the owners or operators to meet the performance specifications for such equipment as given in Appendix II, B.
(ii) Such continuous monitoring equipment shall complete a minimum of one cycle of sampling and analyzing for each successive ten-second period and one cycle of data recording for each successive six-minute period.
(iii) The owner or operator of such equipment shall:
(A) Record the zero and span drift in accordance with the method prescribed by the manufacturer of such instruments;
(B) Subject the instruments to the manufacturer's recommended zero and span check at least once daily unless the manufacturer has recommended adjustments at shorter intervals, in which case such recommendations shall be followed;
(C) Adjust the zero and span whenever the 24 hour zero drift or 24 hour calibration drift limits of, the applicable performance specifications in Appendix II, B, are exceeded; and
(iv) Instrument span shall be approximately 200 percent of the expected instrument data display output corresponding to the emission standard for the source.
(v) The owner or operator of a source subject to this regulation shall install the required continuous monitoring systems such that representative measurements of emissions from the affected facility are obtained. The location of such systems shall be approved by the Administrator.
(vi) The owner or operator of any facility subject to the requirements of this regulation shall submit a written report of excess emissions for each calendar quarter and the nature and cause of the excess emissions, if known. The averaging period used for data reporting shall be six minutes. The required report shall include as a minimum:
(A) The magnitude in actual percent opacity of all six-minute averages of opacity greater than the applicable opacity standard for each hour of operation of the facility. Average values may be obtained by integration over the averaging period or by arithmetically averaging a minimum of four equally spaced, instantaneous opacity measurements per minute. The date and time of the recorded excesses shall be included.
(B) 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 system repairs or adjustments shall be reported. The Administrator may require proof of continuous monitoring system performance whenever system repairs or adjustments have been made.
(C) When no excess emissions have occurred and the continuous monitoring system(s) have not been inoperative, repaired, or adjusted, such information shall be included in the report.
(D) The owners or operators of affected facilities shall maintain a file of all information reported in the quarterly summaries, and all other data collected either by the continuous monitoring system for a minimum of two years from the date of collection of such data or submission of such summaries.
(vii) The reporting requirements of paragraph 23(a)(vi)(A) shall not apply during any period of monitoring system malfunction, provided that the source owner or operator shows, to the satisfaction of the Administrator, that the malfunction was unavoidable and is being repaired as expeditiously as practicable.
(viii) The owner or operator of any source subject to the regulation shall complete the installation and performance tests of the equipment required by this regulation and begin monitoring and recording within 18 months from promulgation of this regulation.
(b) The requirements for continuous opacity monitors set forth in paragraph 23(a) above shall not apply to an otherwise affected source if such source utilizes a wet type air pollution control device such that the stack gas contains uncombined water vapor. In such cases, the Administrator may require the installation and operation of such alternate particulate emission continuous monitoring systems as he deems appropriate.
(i) The term 'major emitting facility' means (a) any of the following stationary sources of air pollutants which emit, or have the potential to emit one hundred tons per year or more of any air pollutant for which standards are established under these Regulations and Standards or under the Federal Clean Air Act: fossil-fuel fired steam electric plants of more than two hundred and fifty million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, Portland Cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than two hundred and fifty tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production facilities, chemical process plants, fossil-fuel boilers (or combinations thereof) of more than two hundred and fifty million British thermal units per hour heat input, petroleum storage and transfer facilities with a capacity exceeding three hundred thousand barrels, taconite ore processing facilities, glass fiber processing plants, charcoal production facilities. (b) Such term also includes any source which emits, or has the potential to emit two hundred and fifty tons per year or more of any air pollutant for which standards are established under these Regulations and Standards or under the Federal Clean Air Act. (c) Such term also includes any physical change that would occur at a stationary source not otherwise qualifying under this definition if the change would constitute a major emitting facility by itself. (d) A source which is a major emitting facility for volatile organic compounds is considered to be major for ozone.
(ii) The term 'commenced' as applied to construction of a major emitting facility or major modification means that the owner or operator has obtained a Construction Permit required by Section 21 and either has (i) begun, or caused to begin, a continuous program of actual on-site construction 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 of the facility to be completed within a reasonable time.
(iii) The term 'construction' means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions.
(iv) 'Allowable emissions' means the emission rate of a facility calculated using the maximum rated capacity of the facility (unless the facility is subject to enforceable permit conditions which limit the operating rate or hours of operation, or both) and the most stringent of the following:
(A) Applicable new source performance standards set forth in Section 22 of these regulations and other new source performance standards and national emission standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the state.
(B) Any other applicable emission limit in these regulations.
(C) The emission rate agreed to by the owner or operator as an enforceable permit condition.
(v) 'Facility' means any structure, building, source, equipment, installation or operation (or combination thereof) which emits or may emit any air pollutant subject to these regulations or regulations under the Federal Clean Air Act.
(vi) 'Source' means 'emission unit' which means any part of a facility which emits or has the potential to emit any pollutant subject to these regulations or regulations under the Federal Clean Air Act. A facility is composed of one or more sources.
(vii) 'Best available control technology' means an emission limitation (including a visible emission standard) based on the maximum degree of reduction of each pollutant subject to regulation under these Standards and Regulations or regulation under the Federal Clean Air Act, which would be emitted from or which results for any proposed major emitting facility or major modification which the Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application or production processes and available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. If the Administrator determines that technological or economic limitations on the application of measurement methodology to a particular class of sources would make the imposition of an emission standard infeasible, he may instead prescribe a design, equipment, work practice or operational standard or combination thereof to satisfy the requirement of Best Available Control Technology.
Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results. Application of BACT shall not result in emissions in excess of those allowed under Section 22 of these regulations and any other new source performance standard or national emission standards for hazardous air pollutants promulgated by the EPA but not yet adopted by the state.
(viii) (A) 'Baseline concentration' means that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:
(I) The actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in paragraph (a) (viii) (B) of this section.
(II) The allowable emissions of major emitting facilities which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date.
(III) Contributions due to emissions from any emitting facility or modification which (1) is not listed in Section 24 (a) (i) (a) and qualified as 'major' prior to August 7, 1980 only because fugitive emissions were included in determining potential to emit, (2) submitted a complete permit application under Section 24 (b) or the Federal Clean Air Act prior to August 7, 1980, and (3) was in existence as of the minor source baseline date.
(B) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increment:
(I) Actual emissions from any major emitting facilities on which construction commenced after the major source baseline date; and
(II) Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.
(ix) (A) 'Major source baseline date' means:
(I) In the case of particulate matter and sulfur dioxide, January 6, 1975, and
(II) In the case of nitrogen dioxide, February 8, 1988.
(B) 'Minor source baseline date' means the earliest date after August 7, 1977 for particulate matter and sulfur dioxide, and after February 8, 1988 for nitrogen oxides, on which a major emitting facility or major modification submits a complete permit application under Section 24 (b) or under the Federal Clean Air Act, or January 1, 2001, whichever occurs first.
(I) The baseline date is established for each pollutant for which increments or other equivalent measures have been established, if:
(1.) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under the Federal Clean Air Act for the pollutant on the date of its complete application; and
(2.) In the case of a major emitting facility, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant.
(II) The baseline date is not established by the permit application for an emitting facility or modification which (1) is not listed in Section 24 (a)(i)(a), (2) qualified as 'major' prior to August 7, 1980 only because fugitive emissions were included in determining potential to emit, and (3) submitted a complete permit application under Section 24 (b) or the Federal Clean Air Act prior to August 7, 1980.
(III) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM₁₀ increments.
(x) 'Major modification' means any physical change in, change in the method of operation of, or addition to a major emitting facility which would result in a significant net emission increase of any pollutant regulated under these regulations or subject to regulation under the Federal Clean Air Act. Any net emissions increase that is significant for volatile organic compounds shall be considered significant for ozone.
A physical change or change in the method of operation shall not include:
(A) Routine maintenance, repair and replacement.
(B) Use of an alternative fuel by reason of an order under Section 125 of the Federal Clean Air Act.
(C) An increase in the hours of operation or in the production rate, if such increase does not exceed the operating design capacity of the facility unless such change would be prohibited by or inconsistent with an enforceable permit issued by the Division.
(D) Use of an alternative fuel or raw material by reason of an order in effect under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act;
(E) Use of an alternative fuel or raw material, if prior to January 6, 1975, the facility was capable of accommodating such fuel or material unless such change would be prohibited by or inconsistent with an enforceable permit issued by the Division, or if the source is approved to use such fuel or material through an enforceable permit issued under these regulations.
(F) Change in ownership of the facility.
(G) The use of municipal solid waste as an alternative fuel at a steam generating plant.
(H) The addition, replacement or use of a pollution control project at an existing electric utility steam generating unit, unless the Administrator determines that such addition, replacement, or use renders the unit less environmentally beneficial, or except:
(I) When the Administrator has reason to believe that the pollution control project would result in a significant net increase in representative actual annual emissions of any criteria pollutant over levels used for that source in the most recent air quality impact analysis in the area, if any, and
(II) The Administrator determines that the increase will cause or contribute to a violation of any national ambient air quality standard, or PSD increment, or visibility limitation.
(I) The installation, operation, cessation or removal of a temporary clean coal technology demonstration project, provided that the project complies with:
(I) The Wyoming State Implementation Plan, and
(II) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.
(J) The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.
(K) The reactivation of a very clean coal-fired electric utility steam generating unit.
(xi) 'Potential to emit' means the maximum capacity of a facility to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit of a facility.
(xii) (A) 'Net emissions increase' means the amount by which the sum of the following exceeds zero:
(I) Any increase in actual emissions from a particular physical change or change in the method of operation at a facility; and
(II) Any other increases and decreases in actual emissions at the facility that are contemporaneous with the particular change and are otherwise creditable.
(B) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs within five years before the date that the increase from the particular change occurs.
(C) An increase or decrease in actual emissions is creditable only if the division has not previously relied on it in issuing a permit, which permit is in effect when the increase in actual emissions from the particular change occurs.
(D) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides which occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increments remaining available. With respect to particulate matter, only $PM10$ emissions can be used to evaluate the net emissions increase for $PM10$.
(E) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
(F) A decrease in actual emissions is creditable only to the extent that:
(I) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
(II) It is enforceable at and after the time that actual construction on the particular change begins; and
(III) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
(G) An increase that results from a physical change at a facility occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.
(xiii) 'Structure, building, source, equipment, installation, or operation' means all of the pollutant emitting activities which are located on one or more contiguous or adjacent properties and are under the control of the same person (or persons under common control).
(xiv) 'Begin actual construction' means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation this term refers to those onsite activities, other than preparatory activities, which mark the initiation of the change.
(xv) 'Baseline area' means any intrastate area (and every part thereof) designated as attainment or unclassifiable under the Federal Clean Air Act in which a major emitting facility or major modification establishing the baseline date would construct or would have an air quality impact equal to or greater than 1 µg/m³ (annual average) of the pollutant for which the baseline date is established.
(A) The following baseline areas have been designated as separate particulate matter attainment areas under Section 107 of the Clean Air Act:
(I) The Powder River Basin Area, described as that area bounded by Township 40 through 52 North, and Range 69 through 73 West, inclusive of the Sixth Principal Meridian, Campbell and Converse Counties, excluding the areas defined as the Pacific Power and Light attainment area and the Hampshire Energy attainment area.
(II) The Pacific Power and Light Area, described as that area bounded by the NW¼ of Section 27, T50N, R71W, Campbell County, Wyoming.
(III) The Hampshire Energy Area, described as that area bounded by Section 6 excluding the SW¼; E½ Section 7; Section 17 excluding the SW¼; Section 14 excluding the SE¼; Sections 2, 3, 4, 5, 8, 9, 10, 11, 15, 16 of T48N, R70W and Section 26 excluding the NE¼; SW¼ Section 23; Sections 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35 of T49N, R70W, Campbell County, Wyoming.
(IV) The Remainder of the State.
(B) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM₁₀ increments.
(xvi) 'Secondary emissions' means emissions which occur as a result of the construction or operation of a major emitting facility or major modification, but do not come from the major emitting facility or major modification itself. For the purposes of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the facility or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or modification of the major emitting facility or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle or from a train.
(xvii) 'Innovative control technology' means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non air quality environmental impacts.
(xviii) 'Fugitive emissions' means those emissions which could not reasonably pass through a stack chimney, vent, or other functionally equivalent opening.
(xix) (A) 'Actual emissions' means the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with subparagraphs (B)-(E) below.
(B) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. The Division may allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.
(C) The Division may presume that source specific allowable emissions for the unit are equivalent to the actual emissions of the unit.
(D) For any emissions unit (other than an electric utility steam generating unit specified in paragraph 24(a)(xix)(E) of this Section) which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.
(E) For an electric utility steam generating unit (other than a new unit or the replacement of an existing unit) actual emissions of the unit following the physical or operational change shall equal the representative actual annual emissions of the unit, provided the source owner or operator maintains and submits to the Administrator on an annual basis for a period of 5 years from the date the unit resumes regular operation, information demonstrating that the physical or operational change did not result in an emissions increase. A longer period not to exceed 10 years, may be required by the Administrator if it is determined that such a period will be more representative of normal source post-change operations.
(xx) 'Complete' means, in reference to an application for a permit, that the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Division from requesting or accepting any additional information.
(xxi) (A) 'Significant' means, in reference to a net emission increase or the potential of a facility to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:
Carbon monoxide: 100 tons per year (tpy) Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy Particulate matter: 25 tpy of particulate matter emissions; 15 tpy of PM2 emissions Ozone: 40 tpy of volatile organic compounds Lead: 0.6 tpy Asbestos: 0.007 tpy Beryllium: 0.0004 tpy Mercury: 0.1 tpy Vinyl chloride: 1 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy
Hydrogen sulfide ( $H_2S$ ): 10 tpy Total reduced sulfur (including $H_2S$ ): 10 tpy Reduced sulfur compounds (including $H_2S$ ): 10 tpy
(B) 'Significant' means in reference to a net emissions increase or the potential of a facility to emit a pollutant subject to these regulations and regulations under the Clean Air Act that paragraph (xxi)(A) above does not list, any emissions rate.
(C) Notwithstanding paragraph (a)(xxi)(A) above, 'significant' means any emissions rate or any net emissions increase associated with a major emitting facility or major modification which would construct within 10 kilometers of a Class I Area, and have an impact on such area equal to or greater than 1 µg/m³ (24-hour average).
(xxii) 'Federal Land Manager' means, with respect to any lands in the United States, the Secretary of the Department with authority over such lands.
(xxiii) 'High terrain' means any area having an elevation 900 feet or more above the base of the stack of a source.
(xxiv) 'Low terrain' means any area other than high terrain.
(xxv) 'Indian reservation' means any federally recognized reservation established by treaty, agreement, executive order, or act of Congress.
(xxvi) 'Indian governing body' means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-Government.
(xxvii) 'Enforceable' means all limitations and conditions which are enforceable under provisions of the Wyoming Environmental Quality Act and/or are federally enforceable by the Administrator of the EPA, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within the State Implementation Plan, and any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.18 or 51.166.
(xxviii) 'Electric utility steam generating unit' means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric utility steam generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
(xxix) 'Pollution control project' means any activity or project undertaken at an existing electric utility steam generating unit for purposes of reducing emissions from such unit. Such activities or projects are limited to:
(A) The installation of conventional or innovative pollution control technology, including but not limited to advanced flue gas desulfurization, sorbent injection for sulfur dioxide and nitrogen oxides controls and electrostatic precipitators;
(B) An activity or project to accommodate switching to a fuel which is less polluting than the fuel in use prior to the activity or project, including, but not limited to natural gas or coal reburning, or the co-firing of natural gas and other fuels for the purpose of controlling emissions;
(C) A permanent clean coal technology demonstration project conducted under title II, section 101(d) of the Further Continuing Appropriations Act of 1985 [sec. 5903(d) of title 42 of the United States Code], or subsequent appropriations, up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency; or
(D) A permanent clean coal technology demonstration project that constitutes a repowering project.
(xxx) 'Representative actual annual emissions' means the average rate, in tons per year, at which the source is projected to emit a pollutant for the two-year period after a physical change or change in the method of operation of a unit, (or a different consecutive two-year period within 10 years after that change, where the Administrator determines that such period is more representative of normal source operations), considering the effect any such change will have on increasing or decreasing the hourly emission rate and on projected capacity utilization. In projecting future emissions the Administrator shall:
(A) Consider all relevant information, including but not limited to, historical operational data, the company's own representations, filings with the State or Federal regulatory authorities, and compliance plans under title IV of the Clean Air Act; and
(B) Exclude, in calculating any increase in emissions that results from the particular physical change or change in the method of operation at an electric utility steam generating unit, that portion of the unit's emissions following the change that could have been accommodated during the representative baseline period and is attributable to an increase in projected capacity utilization at the unit that is unrelated to the particular change, including any increased utilization due to the rate of electricity demand growth for the utility system as a whole.
(xxxi) 'Clean coal technology' means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reduction in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990.
(xxxii) 'Clean coal technology demonstration project' means a project using funds appropriated under the heading 'Department of Energy-Clean Coal Technology', up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project.
(xxxiii) 'Temporary clean coal technology demonstration project' means a clean coal technology demonstration project that is operated for a period of 5 years or less, and which complies with the Wyoming State Implementation Plan and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.
(xxxiv) '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.
(A) 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.
(B) The Administrator shall give expedited consideration to permit applications for any source that satisfies the requirements of this subsection and is granted an extension under section 409 of the Clean Air Act.
(xxxv) '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 State'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 not less than 98 percent;
(C) Is equipped with low-NO2 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.
(b) Any person who plans to construct any major emitting facility or undertake a major modification of an existing facility shall be subject to the conditions outlined below.
(i) (A) (I) The review of the facility for the construction or modification permit(s) required under Section 21 of these regulations shall apply and shall be expanded so as to include analysis of the predicted impact of the allowable and secondary emissions from the facility on the ambient air quality in areas affected by such emissions. An analysis of the predicted impact of emissions from the facility is required for all pollutants for which standards have been established under these regulations or under the Federal Clean Air Act and which are emitted in significant amounts. An analysis of the impact of other pollutants may be required by the Administrator. Such analysis shall identify and quantify the impact on the air quality in the area of all emissions not included in the baseline concentrations including, but not limited to, those emissions resulting from the instant application and all other permits issued in the area. The purpose of this analysis is to determine the total deterioration of air quality from the baseline concentrations. However, projections of deterioration due to general non-stationary source growth in the area predicted to occur after the date of application is not required. A permit to construct pursuant to Section 21 shall be issued only if the conditions of Section 21 are complied with and if the predicted impact (over and above the baseline concentration) of emissions defined above is less than the maximum allowable increment shown in Table I for the classification of the area in which the impact is predicted and if the ambient standard for the pollutant(s) is not exceeded.
Maximum Allowable Increments of Deterioration - $\mu\text{g}/\text{m}^3$
| Pollutant | Class I | Class II |
|---|---|---|
| Particulate Matter: | ||
| PM10, annual arithmetic mean | 4 | 17 |
| PM2.5, 24-hour maximum | 8 | 30 |
| Sulfur Dioxide: | ||
| Annual arithmetic mean | 2 | 20 |
| 24-hour maximum* | 5 | 91 |
| 3-hour maximum* | 25 | 512 |
| Nitrogen Dioxide | ||
| Annual arithmetic mean | 2.5 | 25 |
*Maximum allowable increment may be exceeded once per year at any receptor site.
(II) Notwithstanding the provisions of paragraph (b)(i)(A)(I) above, the following concentrations shall be excluded in determining compliance with maximum allowable increases:
(1.) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such sources before the effective date of such an order. No such exclusion shall apply for more than five years after the later of such effective dates;
(2.) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources before the effective date of such plan. No such exclusion shall apply for more than 5 years after the later of such effective date;
(3.) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources;
(4.) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentrations; and
(5.) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter, or nitrogen oxides from stationary sources as specified below.
a. The temporary emissions do not occur for more than 2 years.
b. The 2 year time period is not renewable.
c. Such temporary emissions are not eligible for exclusion if they would impact a Class I Area or an area where the applicable increment is known to be violated or an area where they would cause or contribute to a violation of the applicable ambient air quality standard.
d. At the end of the temporary emission time frame, emissions from the facility causing these temporary emissions shall not exceed those levels occurring at such facility prior to such temporary emission.
(B) In addition to the analyses required under Section 24(b)(i)(A) above,
(I) The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the facility or modification and general commercial, residential, industrial, and other growth associated with the facility or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.
(II) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated with the facility or modification.
(C) The requirements for demonstration of compliance with applicable increments of paragraph 24(b)(i)(A)(I), the additional analysis requirements of paragraph 24(b)(i)(B) and the ambient air quality analysis requirements of paragraph 24(b)(i)(E) shall not apply to a proposed major emitting facility or modification with respect to a particular pollutant if the Administrator determines that:
(I) The increase in allowable emissions of that pollutant from the facility or the net emissions increase of that pollutant from a modification would be temporary and would impact no Class I Area and no area where an applicable increment is known to be violated; or
(II) The facility was in existence on March 1, 1978, and that the maximum allowable emission increases only impact Class II Areas, and that after application of BACT, the increase in allowable emissions of each pollutant would be less than 50 tons per year.
(D) Fugitive emissions will be considered in calculating the potential to emit only for sources listed in 24(a)(i)(a) and such other sources as the Council may later determine.
(E) An application subject to this section shall contain an analysis of ambient air quality in the area that would be affected by the facility or modification as required below:
(I) For each pollutant that the facility would have the potential to emit in a significant amount.
(II) For the modification, each pollutant for which it would result in a significant net emissions increase.
(III) For pollutants for which National Ambient Air Quality Standards have been established, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.
(IV) In general, the required continuous air quality monitoring data shall have been gathered over a period of one year immediately preceding receipt of the application. The Administrator may provide that the monitoring period specification may be reduced to a minimum of four months if he is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year.
(V) All monitoring conducted pursuant to the requirements of this section shall meet the requirements of Appendix B of 40 CFR Part 58.
(VI) The requirements for pre-construction monitoring specified above and under Section 21(b) with respect to monitoring for a particular pollutant may be waived by the Administrator upon petition from an applicant if:
(1.) The emissions increase of the pollutant from a new facility or the net emissions increase of the pollutant from a modification would cause, in any area, air quality impacts less than the following amounts:
a. Carbon Monoxide - 575 µg/m³, 8-hour average;
b. Nitrogen Dioxide - 14 µg/m³, annual average;
c. Particulate Matter: 10 µg/m³ of PM₁₀, 24-hour average
d. Sulfur Dioxide - 13 µg/m³, 24-hour average;
e. Ozone (No "De Minimis" air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds would be required to perform an ambient impact analysis, including the gathering of ambient air quality data.)
f. Lead - 0.1 µg/m³, 3 month average;
g. Mercury - 0.25 µg/m³, 24-hour average;
h. Beryllium - 0.001 µg/m³, 24-hour average;
i. Fluorides - 0.25 µg/m³, 24-hour average;
j. Vinyl Chloride - 15 µg/m³, 24-hour average;
k. Total Reduced Sulfur - 10 µg/m³,
1-hour average;
l. Hydrogen Sulfide - 0.2 µg/m³, 1-hour average;
m. Reduced Sulfur Compounds - 10 µg/m³, 1-hour average;
or
(2.) The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed above; or
(3.) The pollutant is not listed above.
(F) The Administrator may require an applicant subject to the provisions of this section to conduct an approved visibility monitoring program in any Class I Area which may be impacted by emissions from the proposed facility.
(G) At such time that a particular facility or modification becomes a major emitting facility or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980 on the capacity of the facility or modification otherwise to emit a pollutant, then all of the provisions of Sections 21 and 24 shall apply to the facility or modification as though construction had not yet commenced on the facility or modification.
(ii) (A) The required permit shall not be issued unless the proposed major emitting facility or major modification would meet an emission limit(s) or equipment standard(s) specified by the reviewing authority to represent the application of Best Available Control Technology for each pollutant regulated under these Standards and Regulations and under the Federal Clean Air Act and having the potential to emit in significant amounts. For phased construction projects, the determination of BACT shall be reviewed and modified as appropriate at the latest, most reasonable time no later than 18 months prior to commencement of each phase of the proposed source. At such time, the owner or operator of the applicable facility may be required to demonstrate the adequacy of any previous determination of best available control technology for the facility.
(B) In the case of a major modification, the requirements for Best Available Control Technology shall apply only to each new or modified source at which a net emissions increase of the pollutant would occur.
(C) (I) The applicant for a permit for a facility subject to this section may petition the Administrator to approve a system of innovative control technology.
(II) The Administrator, with the approval of the governor(s) of other affected state(s) may approve the employment of a system of innovative control technology if:
(1.) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;
(2.) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under paragraphs (ii) (A) and (B) above by a date specified by the Administrator. Such date shall not be later than 4 years from the time of startup or 7 years from permit issuance.
(3.) The major emitting facility or major modification would meet the requirements equivalent to those in paragraphs (i) (A) (I), (ii) (A), and (ii) (B) above based on the emission rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the Administrator.
(4.) The source or modification would not before the date specified by the Administrator:
a. Cause or contribute to any violation of an applicable National Ambient Air Quality Standard, or
b. Impact any Class I Area, or
c. Impact any area where an applicable increment is known to be violated.
(5.) All other applicable requirements including those for public participation have been met.
(III) The approval to employ a system of innovative control technology shall be withdrawn by the Administrator if:
(1.) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate, or
(2.) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety, or
(3.) The Administrator decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.
(IV) If the facility or modification fails to meet the required level of continuous emissions reduction within the specified time period or if the approval is withdrawn in accordance with (III) above, the Administrator may allow the facility or modification up to an additional three years to meet the requirement for the application of BACT through use of a demonstrated system of control.
(iii) Temporary particulate matter emissions such as those associated with the construction phase of the source shall not be included in the determination on the issuance or denial of a required permit and shall not be taken into account when determining compliance with the maximum allowable increments in Table 1. However, Best Available Control Technology shall be applied to abate such temporary emission.
(iv) The assessment of the predicted impact of emissions required under paragraph (b) (i) above shall be based on Air Quality models and data bases approved by the Administrator. Upon request from an applicant, the Administrator will make a determination as to acceptability of proposed models and data bases. In general, the dispersion models defined in the EPA document, 'Guidelines on Air Quality Models' may be used. However, due to the potential for complex terrain and meteorological situations in Wyoming, the Administrator may require appropriate modification or substitutions to those models defined in 'Guidelines on Air Quality Models'. Public Notice of such modifications or substitution will be made and comments solicited prior to approval. Such public notice shall also be sent to the Administrator of the U.S. EPA for approval. The time incurred for such public notice and approvals outlined above shall not be included as part of the time frame specified in Section 21(g).
(v) In any case where the federal official charged with direct responsibility for management of any lands within a Class I area, or the Administrator of EPA or the governor of an adjacent state containing such a Class I area, files a notice alleging that emissions from a proposed major emitting facility or major modification may cause or contribute to a change in the air quality in such area and identifying the potential adverse impact of such change, a permit shall not be issued unless the owner or operator of such facility demonstrates to the satisfaction of the Administrator that emissions of particulate matter, sulfur dioxide, and nitrogen oxides will not cause or contribute to concentrations which exceed the maximum allowable increases for the Class I area in question.
(vi) (A) In any case where a federal land manager demonstrates to the satisfaction of the Administrator that the emissions from such facility will have an adverse impact on the air quality-related values (including visibility) of such Class I areas, notwithstanding the fact that the change in air quality resulting from emissions from such facility will not cause or contribute to concentrations which exceed the maximum allowable increases for Class I area, a permit shall not be issued.
(B) However, in the case where the federal land manager provides to the Division at least 30 days prior to the public notice issued pursuant to Section 21(m) of these regulations, an analysis of the impact of the emissions on visibility in a Federal Class I area, the Division must consider such analysis in making its proposed decision. If the federal land manager's analysis concludes that an adverse impact on visibility in the federal Class I area will occur but the Administrator determines that the analysis does not demonstrate to his satisfaction that such an adverse impact on visibility will occur, the Administrator shall in the public notice issued pursuant to the requirements of Section 21(m), explain his decision or give notice as to where the explanation can be obtained.
(vii) In any case where the owner or operator of such facility demonstrates to the satisfaction of the federal land manager, and the federal land manager so certifies, that the emissions from such facility will have no adverse impact on the air quality-related values of such Class I areas (including visibility) notwithstanding the fact that the change in air quality resulting from emissions from such facility will cause or contribute to concentrations which exceed the maximum allowable increases for Class I areas, the Administrator may issue a permit.
(viii) In the case of a permit issued pursuant to subsection (vii), such facility shall comply with such emission limitation under such permit as may be necessary to assure that emissions of sulfur oxides, particulate matter, and nitrogen oxides from such facility, will not cause or contribute to concentrations of such pollutant which exceeds the following maximum allowable increases over the baseline concentration for such pollutants:
| Maximum allowable increase (micrograms per cubic meter) | |
|---|---|
| Particulate matter: | |
| PM10, annual arithmetic mean | 17 |
| PM2.5, 24-hour maximum | 30 |
| Sulfur dioxide: | |
| Annual arithmetic mean | 20 |
| Twenty-four-hour maximum | 91 |
| Three-hour maximum | 325 |
| Nitrogen dioxide |
(ix) (A) In any case where the owner or operator of a proposed major emitting facility or major modification who has been denied a certification under subparagraph (vii) demonstrates to the satisfaction of the Governor of Wyoming (hereinafter the Governor), after notice and public hearing, and the Governor finds, that the facility cannot be constructed by reason of any maximum allowable increases for sulfur dioxide for periods of twenty-four hours or less applicable to any Class I area and, in the case of federal Mandatory Class I areas, that a variance under this clause will not adversely affect the air quality related values of the area (including visibility), the Governor, after consideration of the federal land manager's recommendation (if any) and subject to his concurrence, may grant a variance from such maximum allowable increase. If a variance is granted, a permit may be issued to such source pursuant to the requirements of this subparagraph provided other requirements of this section are met.
(B) In the case of a permit issued pursuant to subparagraph (ix) (A), such facility shall comply with such emission limitations under such permit as may be necessary to assure that emissions of sulfur oxides from such facility will not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which exceed the following maximum allowable increases for such areas over the baseline concentration for such pollutant and to assure that such emissions will not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less on more than 18 days during any annual period.
| Period of exposure: | Micrograms per cubic meter |
|---|---|
| Low terrain areas: | |
| 24-hr maximum | 36 |
| 3-hr maximum | 130 |
| High terrain areas: | |
| 24-hr. maximum | 62 |
| 3-hr maximum | 221 |
(x) Notwithstanding other requirements of this section, a portable facility which is a major emitting facility and which has otherwise received a construction permit under Sections 21 and 24 shall not be required to obtain additional relocation permits under this section if:
(A) Emissions from the facility would not exceed allowable emissions; and
(B) Such relocation would impact no Class I area and no area where an applicable increment is known to be violated; and
(C) Notice is given to the reviewing authority at least 10 days prior to such relocation identifying the proposed new location and the probable duration of operation at such location; and
(D) Emissions at the new location will be temporary.
(xi) After a final decision is made on an application for a facility subject to this section, the final decision will be transmitted in writing to the applicant and the final decision and all comments received by the Division during the public comment period will be made available for public inspection in the same location where the application and analysis was posted. A copy of each permit application for each facility or modification subject to this section and impacting a Federal Class I area will be transmitted to EPA. EPA will be provided with notice of each action taken by the Division on such application.
(xii) Transition:
(A) The requirements for BACT in Section 24(b)(ii) and the requirements for air quality analysis in Section 24(b)(i) shall not apply to a major emitting facility or major modification that was subject to Section 24, as effective on January 25, 1979, if the owner or operator of the source submitted an application for a permit under these regulations before August 7, 1980, and the Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirements of Section 24 as in effect on January 25, 1979, apply to any such source or modification.
(B) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular facility or modification that was subject to Section 24 as effective on January 25, 1979, if the owner or operator of the facility or modification submits an application for a permit under these regulations on or before June 8,
1981, and the Administrator subsequently determines that the application submitted before that date was complete with respect to the requirements for ambient air quality data analyses as in effect on January 25, 1979. Instead, the latter requirements shall apply to such facility or modification.
(C) The requirements for air quality monitoring in paragraph (b)(i)(E) shall not apply to a particular facility or modification that was not subject to Section 24 as effective on January 25, 1979, if the owner or operator of the facility or modification submits an application for a permit under these regulations before June 8, 1981, and the Administrator subsequently determines that the application as submitted before that date was complete except with respect to the requirements in paragraph (b)(i)(F).
(D) The requirements for air quality monitoring for PM10 in paragraph (b)(i)(E)(I) through (IV) of this section, effective February 13, 1989, shall not apply to a particular facility or modification, if the owner or operator of the facility or modification submits an application for a permit under Section 24 on or before June 1, 1988 and the Administrator subsequently determines that the application submitted before that date was complete, except with respect to the requirements for monitoring particulate matter.
(E) The requirements for air quality monitoring of PM10 in paragraphs (b)(i)(E)(IV) through (b)(i)(E)(V) of this Section, effective February 13, 1989, shall apply to a particular facility or modification if the owner or operator of the facility or modification submits an application for a permit under this Section after June 1, 1988 and no later than December 1, 1988. The data shall have been gathered over at least the period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (b)(xii)(G) of this Section, except that the Administrator may provide that the monitoring period specification may be reduced to a minimum of four months if he is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over that shorter period of time.
(F) For any application under this Section that becomes complete except as to the requirements of paragraphs (b)(i)(E)(III) and (b)(i)(E)(IV) pertaining to PM10, after December 1, 1988 and no later than August 1, 1989, the data that paragraph (b)(i)(E)(III) requires will have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwise complete. The Administrator may provide that the monitoring period specification may be reduced to a minimum of four months if he is satisfied that a complete and adequate analysis can be accomplished with monitoring data gathered over that shorter period of time.
(G) With respect to any requirements for air quality monitoring of PM10 specified under paragraphs (b)(xii)(D) and (b)(xii)(E) of this Section, effective February 13, 1989, the owner or operator of the source or modification shall use a monitoring method approved by the Administrator and shall estimate the ambient concentrations of PM10 using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Administrator.
(H) The requirement to demonstrate compliance with the maximum allowable increment for nitrogen dioxide shall not apply to a major emitting facility or major modification that was subject to Section 24, as effective on February 8, 1988, if the owner or operator of the facility or modification submits an application for a permit under these regulations on or before October 30, 1990 and the Administrator subsequently determines that the application submitted before that date was complete.
(I) The requirement to demonstrate compliance with the maximum allowable increment for $PM2.5$ shall not apply to a major emitting facility or major modification that was subject to Section 24, as effective on June 3, 1993, if the owner or operator of the facility or modification submits an application for a permit under these regulations on or before the effective date of this regulation revision and the Administrator subsequently determines that the application submitted before that date was complete. Instead, the requirement to demonstrate compliance with the maximum allowable increment for TSP, as in effect at the time the application was submitted, shall apply:
| Pollutant | Class I | Class II |
|---|---|---|
| Particulate Matter: | ||
| TSP, Annual geometric mean | 5 | 19 |
| TSP, 24-hour maximum* | 10 | 37 |
*Maximum allowable increment may be exceeded once per year at any receptor site.
(c) All national parks, national wilderness areas, and national memorial parks in Wyoming as of January 25, 1979, shall be designated Class I and may not be redesignated. All other areas of the state shall be designated Class II as of the effective date of this regulation.
(d) Redesignation. All redesignation of areas within the state shall be accomplished through the process of establishment of Regulations and Standards set forth in the Wyoming Environmental Quality Act.
(i) The following areas may be redesignated only as Class I or Class II areas:
(A) An area which exceeds 10,000 acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore, and
(B) A national park or national wilderness area which exceeds 10,000 acres in size and is established after the effective date of this regulation.
(ii) Except as provided in paragraph (c) above, any area may be redesignated as Class I or II, with the approval of the Administrator of the Environmental Protection Agency, in accordance with the provisions of paragraph (iii) below: Provided, however, that lands within the exterior boundaries of reservations of federally recognized Indian tribes may be redesignated to any class, but only by the appropriate Indian governing body.
(iii) (A) At least one public hearing must be held in accordance with the provisions for adoption of regulations as set forth in the Administrative Procedures Act and the Wyoming Environmental Quality Act.
(B) At least 30 days prior to the public hearing, a description and analysis of the health, environmental, economic, social and energy effects of the proposed redesignation shall be prepared and made available for public inspection. Any person petitioning the Department or Council to redesignate an area shall be responsible for preparing or submitting such description and analysis. Such persons shall also be responsible for revising this required documentation to the extent necessary to satisfy the Administrator of the U.S. EPA. The notice of the public hearing shall contain appropriate notification of the availability of the description and analysis of the proposed redesignation.
(C) Agencies from neighboring states, Indian governing bodies, federal land managers, and local governments whose land may be affected by the proposed redesignation shall be notified at least 30 days prior to the hearing.
(D) Prior to proposing a redesignation, the Division and the Air Quality Advisory Board shall consult with the elected leadership of local and other substate general purpose governments in the area covered by the redesignation.
(E) Prior to public notice of the proposed redesignation the Division shall provide written notice to any federal land manager who may be responsible for any federal lands within the area proposed for such redesignation and shall afford adequate opportunity (but not in excess of 60 days) to confer with the state respecting the intended notice of designation. The federal land manager shall be offered the opportunity to submit written comments and recommendations with respect to such intended notice of redesignation. In redesignating any area with respect to which the federal land manager has submitted written comments and recommendations, the Division will publish a list of any inconsistency between such redesignation and such recommendation with an explanation of such inconsistency (together with the reasons for making such redesignation against the recommendation of the federal land manager).
(F) The Council shall review and examine the description and analysis prepared pursuant to subparagraph (iii) (B) above prior to any redesignation.
(iv) (A) If an area has been proposed for redesignation to a more stringent class, no permit to construct may be granted to a facility which may cause an impact in the area proposed for redesignation and for which an application to construct is received by the Division after the filing of the petition for redesignation with the Environmental Quality Council until the proposed redesignation has been acted upon. However, approval may be granted if, in the Administrator's judgment the proposed source would not violate the applicable increments of the proposed redesignation. Such approval shall be withheld only so long as in the Administrator's judgment, the petitioner is expeditiously proceeding toward development of the 'description and analysis' required under (iii) (B) above, and provided that such 'description and analysis' is complete and submitted to the Council for action on the petition within 18 months of the filing of the initial petition. Upon good cause shown, the council may extend the foregoing deadline.
(B) Where an application for a permit to construct a facility has been received by the Division prior to the receipt by the Council of a petition for redesignation of an area to a more stringent class and where such facility may cause an impact in the area proposed for redesignation, the permit application shall be processed considering the classification of an area which existed at the time of permit application. For purposes of establishing a priority date under this Section, 24(d)(vi)(B), (1) such permit application is not required to meet the provisions for completeness in Section 21, and (2) the time frames in Section 21(g) for action on applications shall not apply.
However, a priority date established under this section, 24(d)(vi)(B), shall remain in effect only so long as in the Administrator's judgment, the applicant is expeditiously proceeding toward the development and submittal of such other information and data as required to make the application complete under the provisions of Section 21, and provided that such other information and data is submitted to, and judged to be complete by the Administrator within 18 months of the filing of the initial permit application. Upon good cause shown, the Administrator may extend the foregoing deadline.
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Section 25. Sweetwater County non-attainment area particulate matter regulations.
(a) Notwithstanding other provisions in these Regulations concerning the emission of particulate matter or required fugitive dust control measures, the requirements and emission limitations set forth in subsections 25(b) and (c) for the specific sources and activities enumerated are applicable. Sources and/or activities which cause particulate matter to be emitted into the air and which are not addressed in this section are subject to the requirements of other sections.
(b) Point Source Particulate Matter Emission Rate Allowables:
The following tables specify the maximum allowable particulate matter emission rate for each of the listed sources. The emission of particulate matter is measured as specified in Section 14(h)(iv) of these Regulations.
(i) Stauffer Chemical Company of Wyoming, Green River Soda Ash Plant.
| Source Description | Allowable Emission Rate lb/hr |
|---|---|
| #1 Boiler | 3.00 |
| #2 Boiler | 3.00 |
| #3 Boiler | N.A. |
| #4 Boiler | 7.50 |
| #5 Boiler | 8.62 |
| #6 Boiler | 7.50 |
| ES-1 | 30.6 |
| 2ES-1 | 27.3 |
| 3ES-1 | 29.2 |
| 3ES-2 | 34.5 |
| 4SC-2 | 51.6 |
| 4SC-3 | 5.2 |
| 4SC-4 | 52.6 |
| 4ES-201 | 23.1 |
| Phase II Dryer-Cooler | 12.0 |
(ii) Allied Chemical Corporation, Green River Works
| Source Description | Allowable Emission Rate lb/hr | |
|---|---|---|
| Crusher Building | GR-I-A | 3.0 |
| Prod. Loading | GR-I-B(1) | 3.0 |
| Prod. Loading | GR-I-B(2) | 3.0 |
| Calciner #1 | GR-I-C | 20.0 |
| Calciner #2 | GR-I-D | 25.0 |
| Calciner #3 | GR-I-E | 20.0 |
| Dryer #1 | GR-I-F | 4.0 |
| Dryer #2 | GR-I-G | 4.0 |
| Dryer #3 | GR-I-H | 4.0 |
(ii) Allied Chemical Corporation, Green River Works (Continued)
| Source Description | Allowable Emission Rate lb/hr | |
|---|---|---|
| Housekeeping (North) | GR-I-J(1) | 2.0 |
| Housekeeping (South) | GR-I-J(2) | 2.0 |
| Product Cooler | GR-I-K | 2.0 |
| Coal Handling Tunnel | CH-1 | 1.7 |
| Coal Handling Gallery | CH-2 | 1.0 |
| Ore Bin Gallery | GR-II-A | 3.0 |
| Product Storage | GR-II-B | 4.0 |
| Calciner #4 | GR-II-C | 20.0 |
| Calciner #5 | GR-II-D | 20.0 |
| Dissolver #1 | GR-II-E-1 | 3.0 |
| Dissolver #2 | GR-II-E-2 | 3.0 |
| Dryer #4 | GR-II-F | 4.0 |
| Dryer #5 | GR-II-G | 4.0 |
| Dryer #6 | GR-II-H | 4.0 |
| Housekeeping | GR-II-J | 10.0 |
| Product Cooler | GR-II-K | 3.0 |
| Lime Storage | GR-II-O | 0.1 |
| Reclaim Ore System | RO-1 | 1.4 |
| Crusher | GR-III-A | 3.0 |
| Ore Conveyor | GR-III-B | 1.0 |
| Ore Gallery | GR-III-C | 1.0 |
| Calciner #1 | GR-III-D | 37.9 |
| Calciner #2 | GR-III-E | 37.9 |
| Dissolver #1 (East) | GR-III-F | 2.0 |
| Dissolver #2 (West) | GR-III-G | 2.0 |
| Filter Aid | GR-III-H | NIL |
| Dryer #1 | GR-III-K | 1.5 |
| Dryer #2 | GR-III-L | 1.5 |
| Dryer #3 | GR-III-M | 1.5 |
| Dryer #4 | GR-III-N | 1.5 |
| Dryer #5 | GR-III-P | 1.5 |
| Dryer Vent | GR-III-R | 2.0 |
| Prod. Cooler #1 | GR-III-S | 1.0 |
| Prod. Cooler #2 | GR-III-T | 1.0 |
| Housekeeping #1 | GR-III-U | 3.0 |
| Housekeeping #2 | GR-III-V | 3.0 |
| Crusher | A-305 | 2.0 |
| Crusher | A-309 | 2.0 |
| "C" Boiler | GR-II-L | 50.0 |
| "D" Boiler | GR-III-W | 80.0 |
(iii) FMC Corporation, Green River.
| Source Description | Allowable Emission Rate lb/hr | |
|---|---|---|
| Crusher | PA-4; PA-5 | 2.5 |
| Dissolver | PA-6 | 1.0 |
| Dissolver | PA-7 | 1.0 |
| Dissolver | PA-8 | 1.0 |
| Dissolver | PA-9 | 1.0 |
| Sesqui Dryer | RA-1 | 10.0 |
| Dust Collector | RA-2 | 2.0 |
| Calciner | RA-13 | 8.0 |
| Calciner | RA-14 | 4.0 |
| Calciner | RA-15 | 4.0 |
| Calciner | RA-16 | 4.0 |
| Calciner Scrubber | RA-22 | 35.0 |
| Calciner Scrubber | RA-23 | 35.0 |
| Calciner Scrubber | RA-24 | 45.0 |
| Fluid Bed Calciner | RA-25 | 26.5 |
| Dust Collector | RA-27 | 3.0 |
| Dust Collector | RA-33 | 3.0 |
| Phosphorus Furnace | PP-12 | 15.0 |
| Spray Dryer | PP-21 | 28.0 |
| Dust Collector | PP-24 | 4.0 |
| Calciner | PP-25 | 15.0 |
| Dust Collector | PP-26 | 2.0 |
| Dust Collector | PP-27 | 2.0 |
| Trona Calciner | NA-2 | 3.0 |
| Dust Collection | NA-3 | 10.0 |
| Cooler | NA-5 | 6.0 |
| Dust Collection | Mono 2 | 2.6 |
| Dust Collection | Mono 3 | 1.3 |
| Dust Collection | Mono 4 | 2.0 |
| Calciner | Mono 5 | 53.0 |
| Dryer | Mono 6 | 20.0 |
| Dust Collection | Mono 7 | 2.0 |
| Dust Collection | Mono 8 | 1.9 |
| Dust Collection | NS-2 | 0.5 |
| Calciner | NS-3 | 41.0 |
| Crusher | NS-4 | 1.0 |
| Dissolver | NS-5 | 2.7 |
| Dryer | NS-6 | 20.0 |
| Coal Dust Collection | NS-7 | .5 |
| Coal Dust Collection | NS-8 | .5 |
| Coal Dust Collection | NS-9 | .5 |
| Gas/Oil Boiler | PH-1 | 8.4 |
| Gas/Oil Boiler | PH-2 | 4.2 |
| Gas/Oil Boiler | PH-3 | 8.4 |
| Gas/Oil Boiler | Mono I | 7.5 |
| Coal Boiler | NS-1A | 45.0 |
| Coal Boiler | NS-1B | 45.0 |
(iv) Church and Dwight Company.
| Source Description | Allowable Emission Rate lb/hr | |
|---|---|---|
| Soda Ash Unloading | SA | 3.0 |
| Throwing Box Scrubber | TB | 2.0 |
| Jeffrey Dryer Scrubber | JD | 3.0 |
| #1 Process Dryer | 1PD | 2.0 |
| #2 Process Dryer | 2PD | 5.0 |
| #3 Process Dryer | 3PD | 2.0 |
| #1 House Dust System | 1HDS | 2.0 |
| #2 House Dust System | 2HDS | 2.0 |
| #3 House Dust System | 3HDS | 2.0 |
(c) Fugitive Dust Controls. The following subparagraphs specify fugitive dust control measures required for the delineated activities and sources and the schedules for completion of such measures. If, at any time, the Administrator is satisfied that the applicable suspended particulate matter standards have been attained and will be maintained, uncompleted programs may be completed at the option of the owner of the facility if failure to complete same will not in the opinion of the Administrator adversely affect such attainment status.
(i) Allied Chemical, Green River.
Unpaved Roads - Pave all roads in facility area that encounter frequent traffic and maintain such roads in a clean condition through the use of a vacuum sweeper as required. Complete: November 30, 1980.
Distressed Area - Reclaim the distressed area outside the east fence or apply suitable soil binders. Complete: December 1, 1981.
Coal Stockpile - The active coal stockpile is to be enclosed or a dust suppression system installed and used during periods of activity. Complete: December 31, 1982.
Equipment Movement - Equipment movement around the periphery of the trona stockpile should be further reduced. Complete: June 1, 1979.
(ii) FMC Corporation.
Stockpile - Installation and effective operation of the following abatement program elements is required to control excessive fugitive emissions from the coal handling facilities.
Ore Stockpile - Install variable height booms so that the free fall distance of the ore is held to a minimum and install shroud (wind shield) to contain the ore as much as possible after it drops from the end of the boom. Complete: Sesqui Areas - January 1, 1981; Mono Areas - April 1, 1981.
Loadout Facilities - The mono loadout facilities are to be equipped with hoods around product chutes of adequate size to cap hatches of slot top or hatch top rail cars. The resultant dust generated due to displacement shall be aspirated to adequate dust collectors. The above requirements also apply to any truck bulk product loadout facilities. Complete: July 1, 1982.
Unpaved Roads - All unpaved roads that encounter frequent traffic in the facility area shall be paved and maintained in a clean condition through the use of a vacuum sweeper as required. Infrequently traveled roads are to be treated with oil or other suitable dust suppressants. Complete: October 1, 1980.
Overflow Chutes - Overflow or spillover chutes which discharge in the open, are to be eliminated or emptied into closed containers. Chutes for housekeeping purposes are to be eliminated and replaced with a vacuum dust system that utilizes a dust collector. Complete: October 1, 1980.
(iii) Stauffer Chemical, Green River.
Ore Stockpile - Install and utilize a variable height boom so that the free fall distance of the ore is held to a minimum. A shroud (wind shield) to contain the ore as much as possible after it drops from the end of the boom is to be installed and utilized. Complete: July 1981.
Product Loadout - Rail loadout facilities are to be equipped with hoods around product chutes of adequate size to cap hatches of slot and portal top rail cars. The resultant dust generated due to displacement should be aspirated to adequate dust collectors. The above requirements will also apply to any truck bulk product loadout facilities. Maintenance or redesigning of existing baghouse collectors will also be necessary at these facilities. Complete: September 1982.
Product Handling and Storage - Product silo vents are to be equipped with dust collectors. Proper maintenance and/or redesign of existing dust collectors is also required in this area. Complete: September 1982.
Crusher Area - The removing of accumulated dust from crusher building by sweeping or dumping the material outside the building is to be eliminated. Housekeeping chores in this area as well as other areas are to be accomplished by the use of a vacuum system and dust collector. Existing baghouse collectors are to be properly maintained and if necessary other control measures installed and utilized at all transfer points in and around the crusher area. Complete: September 1982.
Overflow Chutes - Overflow or spill over chutes which discharge in the open are to be eliminated or emptied into closed containers. Complete: March 1979.
Unpaved Roads - All roads within the facility area that encounter frequent traffic are to be paved and maintained in a clean condition through the use of a vacuum sweeper as required. All other less frequently used roads are to be treated with oil or other suitable dust suppressants. Complete: September 1982.
Distressed Areas - Distressed areas to the south of the facility which contain distressed product piles and tailing pond dredgings are to be reclaimed and treated with dust suppressants. Complete: September 1979.
The ambient air quality standard for lead and its compounds, measured as elemental lead by a reference method based upon 40 CFR 50.12 Appendix G or by an equivalent method of 1.5 micrograms per cubic meter, maximum arithmetic mean averaged over a calendar quarter.
(a) (i) Any owner or operator of a facility which ceases operation shall not be entitled to the continued use of the clean air resource necessary to accommodate the emissions from such facility if such cessation of operation extends beyond a day 5 years after the date of cessation of such operation.
(ii) Within 60 days after determining that a facility has ceased operation, the Administrator shall notify in writing the affected owner or operator that this section is applicable. The notice shall further advise the owner or operator of the proposed expiration date for the facility's entitlement to use its allocated air resource and provide the operator or owner the opportunity to review the Administrator's decision.
Within 60 days after receiving the notice, the owner or operator of the facility shall notify the Administrator if it intends to operate the facility in the future. Failure to so notify the Administrator will constitute a rebuttable presumption that the owner or operator has permanently and purposefully ceased operation of the facility with no intent to operate in the future. The continuous five year period shall not begin earlier than 60 days prior to receipt by the owner or operator of the notice from the Administrator.
(iii) Prior to revoking an air allocation, the Administrator shall provide notice to the affected owner or operator and if requested by the owner or operator will hold a public hearing pursuant to Chapter III of the Rules of Practice and Procedure of the Department on the impending expiration of the entitlement to use the allocated clean air resource. Said notice shall be served no later than six months prior to the proposed expiration date. The Administrator's decision issued as a result of the Chapter III hearing may be appealed to the Environmental Quality Council in the manner set forth in the Environmental Quality Act and the applicable rules and regulations.
(iv) The Administrator may extend the 5 year time period for non-use upon a satisfactory showing that the owner or operator intends and can demonstrate firm plans to operate the facility in the future.
(v) The transfer of ownership of a facility shall not affect the entitlement for use by the facility of the clean air resource. Such a transfer of ownership does not extend the expiration date defined in paragraph (a)(i).
(vi) For purposes of this Section 'operation' means to function in a manner which directly contributes to the accomplishment of the primary purpose of the facility. The definition of operation of a mining facility shall include: (i) All of the primary activities associated with mining, such as ore and overburden removal, topsoil stripping and haulage, reclamation and associated construction activities, and (ii) activities and commitments accepted by the Department as 'interim stabilization' measures which qualify the mine for 'temporary cessation and a resultant extension of reclamation obligations' under the regulations of the Land Quality Division of the Department.
(b) (i) In a case where an owner or operator permanently and purposefully ceases operation with no expressed intent to operate the facility in the future, the associated clean air resource allocation is not reserved to the owner or operator and immediately reverts to the state.
(ii) Prior to such revocation the Administrator shall provide notice to the affected owner or operator and if requested by such owner or operator will hold a public hearing pursuant to Chapter III of the Rules of Practice and Procedure of the Department.
(c) Start-up and operation of a facility after a period of non-use which lasts at least 5 years shall be considered to represent the operation of a new facility and shall be subject to the permit requirements of Section 21. The provisions of Section 24 may also be applicable.
(d) Brief periods of facility operation which are clearly designed to circumvent the intent of this section shall not be considered as operation under the provisions of subsections (a) and (b) above. For purposes of this section, operation must be for commercial purposes (which does not include temporary operation for periodic testing or maintenance of the facility in a standby status).
This section assures reasonable progress towards the national goal of preventing future, and remedying existing, visibility impairment in Class I areas.
This section applies to all Class I areas in the State of Wyoming as designated per Section 24(c) or redesignated in accordance with Section 24(d) of these Regulations and to sources in Wyoming the emissions from which may reasonably be anticipated to cause or contribute to any impairment of visibility in any such area including mandatory Federal Class I areas in any other State.
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 24.
(i) 'Adverse impact on visibility' means, for the purposes of Section 28(e), visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the Class I area. Any determination shall be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairments, and how these factors correlate with times of visitor use of the Class I area, and the frequency and timing of natural conditions that reduce visibility.
(ii) 'Best Available Retrofit Technology (BART)' means that emission reduction control device, facility, method, or system, used to achieve the best continuous emission reduction for each pollutant emitted by an existing stationary facility. The emission limitation shall be established on a case-by-case basis taking into consideration the technology available, the costs of compliance, the energy and non-air quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.
(iii) 'Class I areas' means, for the purposes of this section, all mandatory Class I Federal areas established in the Clean Air Act Amendments of 1977 and include the following for the State of Wyoming: Yellowstone National Park, Teton National Park, North Absoroka Wilderness, Washakie Wilderness, Teton Wilderness, Bridger Wilderness, and Fitzpatrick Wilderness. Such term also includes the Savage Run Wilderness which is not a mandatory Class I Federal area and any future Class I area redesignated in accordance with Section 24(d) of these regulations.
(iv) 'Existing stationary facility' means any of the stationary sources of air pollutants listed in Section 24(a)(i) of this Regulation, including any reconstructed source, which was not in operation prior to August 7, 1962, and has the potential to emit 250 tons per year or more of any air pollutant. In determining potential to emit, fugitive emissions, to the extent quantifiable shall be counted.
(v) 'Long term strategy' means a 10- to 15-year plan for making reasonable progress toward the national goal specified in 28(a).
(vi) 'Natural conditions' includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast, or coloration.
(vii) 'Reasonably attributable' means attributable by visual observation or any other technique the State deems appropriate.
(viii) 'Significant impairment' means visibility impairment, which in the judgment of the Administrator, interferes with the visitor's visual experience of the Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of the impairment, and how these factors correlate with times of use of the Class I area and the frequency and timing of natural conditions that reduce visibility.
(ix) 'Visibility impairment' means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.
(i) The Federal Land Manager may certify to the Administrator of the Air Quality Division or the Administrator may certify that visibility impairment exists in any Class I area. The Division may also certify that visibility impairment exists in any Class I area without the concurrence of the Federal Land Manager.
(A) Any certification of visibility impairment in a Class I area must be accompanied by analysis and visibility data supported by visibility monitoring which may include visual observations or any other technique the Division deems appropriate.
(B) On receipt of a certification by the Federal Land Manager that visibility impairment exists in a Class I area or at such time that the Administrator certifies visibility impairment in a Class I area, the Division shall prepare an analysis of the impairment to determine whether and to what extent, if any, the cause or contribution to visibility impairment is reasonably attributable to an existing stationary facility or small group of existing stationary facilities. Such analysis and determination shall be completed within one year of certification of impairment and shall be advertised in a public notice and opportunity for a public hearing given in accordance with Section 21(m) of these regulations. A final determination as to the source or sources to which visibility impairment can be reasonably attributed to shall be made by the Administrator considering all comments made by the public, the Federal Land Manager and the affected sources if applicable. If the visibility impairment cannot be reasonably attributable to any existing stationary facility in Wyoming, the Division will review the impairment and propose a strategy to remedy the impairment, if appropriate, at the time of the next periodic review of the long term strategy as provided under paragraph (f) of this Section.
(ii) Each existing stationary facility located in Wyoming to which the cause of or contribution to visibility impairment in any Class I area is reasonably attributable, shall install and operate BART as expeditiously as practicable but in no case later than 5 years after issuance of a compliance order by the Division.
(A) For fossil-fuel fired generating plants having a total generating capacity in excess of 750 megawatts, BART shall be determined pursuant to 'Guidelines for Determining Best Available Retrofit Technology for Coal-fired Power Plants and Other Existing Stationary Facilities' (1980), (EPA Publication No. 450/3-80-009b).
(B) Should the Division determine technological or economic limitations make the application of BART as previously defined infeasible, the Division may instead prescribe a design, equipment, work practice, or other operational standard, or combination thereof, as representing BART.
(I) Where a facility is subject to Section 28(d)(ii)(B) due to technological limitations, the facility shall install and operate BART as previously defined when new technology for control of the pollutant becomes reasonably available provided (1) the pollutant is emitted by the existing facility; (2) controls representing BART for the pollutant have not previously been required under this section; and (3) the impairment of visibility in any Class I area is reasonably attributable to the emissions of that pollutant.
Applicants for new major stationary sources and major modifications shall demonstrate that the proposed source will not cause an adverse impact on visibility in a Class I area as required by Section 24 of this Regulation.
New source review requirements for visibility are in Section 21 (n) (i) and 21 (n) (ii); and Section 24 (b) (i) (B) (I), Section 24 (b) (i) (F), Section 24 (b) (vi) (A) and (B), and Section 24 (b) (vii).
(i) The Division shall review and revise, if appropriate, the long term strategy every 3 years.
(A) During the long term strategy development and review process, the Division shall consult with the Federal Land Managers.
(B) Prior to the preparation of the report required in paragraph (C) below, the Division shall prepare a draft report and provide for public comment and the opportunity for a public hearing on the contents of this report through the issuance of a public notice in accordance with the provisions of Section 21 (m) of these regulations. All public comments will be considered in preparation of the final report. The State shall provide written notification to each affected Federal Land Manager and other affected states at least 60 days prior to holding any public hearing.
(C) The Division shall prepare a report on any progress made toward the national visibility goal since the last long term strategy revisions. The report will be made available on June First of every third year. The report shall include an assessment of:
(I) The progress achieved in remedying existing impairment of visibility in any Class I area;
(II) The ability of the long term strategy to prevent future impairment of visibility in any Class I area;
(III) Any change in visibility since the last such report, or in the case of the first report, since plan approval, including an assessment of existing conditions;
(IV) Additional measures, including the need for SIP revisions, that may be necessary to assure reasonable progress toward the national visibility goal;
(V) The progress achieved in implementing BART and meeting other schedules set forth in the long term strategy;
(VI) The progress achieved in developing the components of the strategy.
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(a) Applicability. The provisions of this section are applicable to those sources specified in paragraphs (g) through (n), (q), and (r).
(b) Definitions. All terms that are used in this section and are not defined below are given the same meaning as in Section 2 of these regulations
(i) 'Active waste disposal site' means any disposal site other than an inactive site.
(ii) 'Adequately wet' means sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet.
(iii) 'Asbestos' means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.
(iv) 'Asbestos-containing waste materials' means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this section. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing.
(v) 'Asbestos tailings' means any solid waste that contains asbestos and is a product of asbestos mining or milling operations.
(vi) 'Asbestos waste from control devices' means any waste material that contains asbestos and is collected by a pollution control device.
(vii) 'Category I nonfriable asbestos-containing material (ACM)' means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy.
(viii) 'Category II nonfriable ACM' means any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined using the methods specified in appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
(ix) 'Commercial asbestos' means any material containing asbestos that is extracted from ore and has value because of its asbestos content.
(x) 'Cutting' means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching.
(xi) 'Demolition' means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility.
(xiii) 'Emergency renovation operation' means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment.
(xiv) 'Fabricating' means any processing (e.g., cutting, sawing, drilling) of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricating includes bonding, debonding, grinding, sawing, drilling, or other similar operations performed as part of fabricating.
(xv) 'Facility' means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For the purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this section is not excluded, regardless of its current use or function.
(xvi) 'Facility component' means any part of a facility including equipment.
(xvii) 'Friable asbestos material' means any material containing more than 1 percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR part 763 section 1, Polarized Light Microscopy, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM.
(xviii) 'Fugitive source' means any source of emissions not controlled by an air pollution control device.
(xix) 'Glove bag' means a sealed compartment with attached inner gloves used for the handling of asbestos-containing materials. Properly installed and used, glove bags provide a small work area enclosure typically used for small-scale asbestos stripping operations. Information on glove-bag installation, equipment and supplies, and work practices is contained in the Occupational Safety and Health Administration's (OSHA's) final rule on occupational exposure to asbestos (appendix G to 29 CFR 1926.58).
(xx) 'Grinding' means to reduce to powder or small fragments and includes mechanical chipping or drilling.
(xxi) 'In poor condition' means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material.
(xxii) 'Inactive waste disposal site' means any disposal site or portion of it where additional asbestos-containing waste material has not been deposited within the past year.
(xxiii) 'Installation' means any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control).
(xxiv) 'Leak-tight' means that solids or liquids cannot escape or spill out. It also means dust-tight.
(xxv) 'Malfunction' means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner so that emissions of asbestos are increased. Failures of equipment shall not be considered malfunctions if they are caused in any way by poor maintenance, careless operation, or any other preventable upset conditions, equipment breakdown, or process failure.
(xxvi) 'Manufacturing' means the combining of commercial asbestos--or, in the case of woven friction products, the combining of textiles containing commercial asbestos--with any other material(s), including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing.
(xxvii) 'Natural barrier' means a natural object that effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier.
(xxviii) 'Nonfriable asbestos-containing material' means any material containing more than 1 percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
(xxix) 'Nonscheduled renovation operation' means a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted.
(xxx) 'Outside air' means the air outside buildings and structures, including, but not limited to, the air under a bridge or in an open air ferry dock.
(xxxi) 'Owner or operator of a demolition or renovation activity' means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both.
(xxxii) 'Particulate asbestos material' means finely divided particles of asbestos or material containing asbestos.
(xxxiii) 'Planned renovation operations' means a renovation operation, or a number of such operations, in which some RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience.
(xxxiv) 'Regulated asbestos-containing material (RACM)' means: (a) Friable asbestos material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subpart.
(xxxv) 'Remove' means to take out RACM or facility components that contain or are covered with RACM from any facility.
(xxxvi) 'Renovation' means altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions.
(xxxvii) 'Resilient floor covering' means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined using polarized light microscopy according to the method specified in appendix A, subpart F, 40 CFR part 763, Section 1, Polarized Light Microscopy.
(xxxviii) 'Strip' means to take off RACM from any part of a facility or facility components.
(xxxix) 'Structural member' means any load supporting member of a facility, such as beams and load supporting walls; or any nonload-supporting member, such as ceilings and nonload-supporting walls.
(xl) 'Visible emissions' means any emissions, which are visually detectable without the aid of instruments, coming from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed, uncombined water vapor.
(xli) 'Waste generator' means any owner or operator of a source covered by this Section whose act or process produces asbestos-containing waste material.
(xlii) 'Waste shipment record' means the shipping document, required to be originated and signed by the waste generator, used to track and substantiate the disposal of asbestos-containing waste material.
(xliii) 'Working day' means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.
(c) Units and Abbreviations: Used in this section are abbreviations and symbols of units of measure. These are defined as follows:
(i) System International (SI) units of measure:
g = gram kg = kilogram m = meter m2 = square meter m3 = cubic meter
(ii) Other units of measure
C = Celsius (centigrade) F = Fahrenheit ft2 = square feet ft3 = cubic feet yd3 = square yards min = minute oz = ounces
(d) Address: All requests, reports, applications, submittals, and other communications to the Administrator pursuant to this section shall be submitted to the following address:
(i) Wyoming Department of Environmental Quality, Air Quality Division, 122 West 25th Street, Cheyenne, Wyoming 82002.
(e) Incorporation by reference: The materials listed below are incorporated by reference in the sections noted. The materials are available for purchase at the following addresses:
(i) American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103; or University Microfilms International, 300 North Zeeb Road, Ann Arbor, Michigan 48106.
(A) ASTM D737-75, Standard Test Method for Air Permeability of Textile Fabrics, incorporation by reference for paragraph (o)(i)(A)(I) of this section.
(f) Circumvention: No owner or operator shall build, erect, install, or use any article, machine, equipment, process, or method, the use of which conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous dilutants to achieve compliance with a visible emissions standard, and the piecemeal carrying out of an operation to avoid coverage by a standard that applies only to operations larger than a specified size.
(g) Standard for Waste Disposal for Non-Facility Owners and Operators.
(i) All owners and operators conducting an asbestos abatement project, including an abatement project on a residential building, shall be responsible for complying with Federal requirements and State standards for packaging, transportation, and delivery to an approved waste disposal facility as provided in paragraph (m) of this section. A non-facility is any other facility not defined under the definition of 'facility' including residential buildings having four or fewer dwelling units.
(h) Standard for manufacturing.
(i) Applicability. This paragraph applies to the following manufacturing operations using commercial asbestos.
(A) The manufacture of cloth, cord, wicks, tubing, tape, twine, rope, thread, yarn, roving, lap, or other textile materials.
(B) The manufacture of cement products.
(C) The manufacture of fireproofing and insulating materials.
(D) The manufacture of friction products.
(E) The manufacture of paper, millboard, and felt.
(F) The manufacture of floor tile.
(G) The manufacture of paints, coatings, caulks, adhesives, and sealants.
(H) The manufacture of plastics and rubber materials.
(I) The manufacture of chlorine utilizing asbestos diaphragm technology.
(J) The manufacture of shotgun shell wads.
(K) The manufacture of asphalt concrete.
(ii) Standard. Each owner or operator of any of the manufacturing operations to which this paragraph applies shall either:
(A) Discharge no visible emissions to the outside air from these operations or from any building or structure in which they are conducted or from any fugitive sources; or
(B) Use the methods specified by paragraph (o) of this section to clean emissions containing asbestos material from these operations before they escape to, or are vented to, the outside air.
(C) Monitor each potential source of asbestos emissions from any part of the manufacturing facility, including air cleaning devices, process equipment, and buildings housing material processing and handling equipment, at least once each day during daylight hours for visible emissions to the outside air during periods of operation. The monitoring shall be by the visual observation of at least 15 seconds duration per source of emissions.
(D) Inspect each air cleaning device at least once each week for proper operation and for changes that signal potential for malfunctions, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submit to the Administrator, and revise as necessary, a written maintenance plan to include, at a minimum, the following:
(I) Maintenance schedule.
(II) Recordkeeping plan
(E) Maintain records of the results of visible emission monitoring and air cleaning device inspections using a format similar to that shown in Figures 1 and 2 and include the following:
(I) Date and time of each inspection.
(II) Presence or absence of visible emissions.
(III) Condition of fabric filters, including presence of any tears, holes and abrasions.
| Date of Inspection (MM/DD/YY) | Time of Inspection (a.m./p.m.) | Control Device or fugitive emission source designation or number | Visible Emissions Observed (yes/no) Corrective Action taken | Daily Operating Hours | Inspector's Initials |
|---|---|---|---|---|---|
Figure 1. Record of Visible Emission Monitoring
1. Control Device Designation or Number ___
2. Date of Inspection _ _ _ _
3. Time of Inspection _ _ _ _
4. Is Control Device Operating Properly (yes or no) _ _ _ _
5. Tears, Holes, or Abrasions in bags (yes or no) _ _ _ _
6. Dust on Clean Side of bags (yes or no) _ _ _ _
7. Other Signs of Malfunctions or Potential Mal- functions (yes or no) _ _ _ _
8. Describe Other Malfunctions or Signs of Potential Malfunctions:
9. Describe Corrective Action(s) Taken:
10. Date and Time Corrective Action Taken
11. Inspected By:
(Print/Type Name) (Title) (Signature) (Date)
(Print/Type Name) (Title) (Signature) (Date)
Figure 2. Air Pollution Control Device Inspection Checklist (IV) Presence of dust deposits on clean side of fabric filters.
(V) Brief description of corrective actions taken, including date and time.
(VI) Daily hours of operation for each air cleaning device.
(F) Furnish upon request, and make available at the affected facility during normal business hours for inspection by the Administrator, all records required under this paragraph.
(G) Retain a copy of all monitoring and inspection records for at least 2 years.
(H) Submit quarterly a copy of the visible emission monitoring records to the Administrator if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter.
(i) Standard for demolition and renovation.
(i) Applicability. To determine which requirements of paragraphs (i)(i), (i)(ii), and (i)(iii) apply to the owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation, thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM. The requirements of paragraphs (i)(ii) and (i)(iii) apply to each owner or operator of a demolition or renovation activity, including the removal of RACM as follows:
(A) In a facility being demolished, all the requirements of paragraphs (i)(ii) and (i)(iii) apply, except as provided in paragraph (i)(i)(C), if the combined amount of RACM is
(I) At least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components, or
(II) At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously.
(B) In a facility being demolished, only the notification requirements of paragraphs (i)(ii)(A), (B), (C)(I) and (IV), and (D)(I) through (D)(IX) and (XVI) apply, if the combined amount of RACM is (I) Less than 80 linear meters (260 linear feet) on pipes and less than 15 square meters (160 square feet) on other facility components, and
(II) Less than one cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously or there is no asbestos.
(C) If the facility is being demolished under an order of a State or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, only the requirements of paragraphs (i)(ii)(A), (i)(ii)(B), (i)(ii)(C)(III), (i)(ii)(D) (except (i)(ii)(D)(VIII), (i)(ii)(E), and (i)(iii)(D) through (i)(iii)(I) apply.
(D) In a facility being renovated, including any individual nonscheduled renovation operation, all the requirements of paragraphs (i)(ii) and (i)(iii) apply if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed is
(I) At least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components, or
(II) At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously.
(III) To determine whether paragraph (i)(i)(D) applies to planned renovation operations involving individual nonscheduled operations, predict the combined additive amount of RACM to be removed or stripped during a calendar year or January 1 through December 31.
(IV) To determine whether paragraph (i)(i)(D) applies to emergency renovation operations, estimate the combined amount of RACM to be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation.
(E) In a facility being renovated, only the notification requirements of paragraphs (i)(ii)(A), (B), (C)(I) and (IV), and (D)(I) through (IX) and (XVI) apply, if the combined amount of RACM is
(I) Less than 80 linear meters (260 linear feet) on pipes or less than 15 square meters (160 square feet) on other facility components, and
(II) Less than 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously or there is no asbestos.
(ii) Notification requirements. Each owner or operator of a demolition or renovation activity to which this section applies shall:
(A) Provide the Administrator with written notice of intention to demolish or renovate. Delivery of the notice by U.S. Postal Service, commercial delivery service, or hand delivery is acceptable.
(B) Update notice, as necessary, including when the amount of asbestos affected changes by at least 20 percent.
(C) Postmark or deliver the notice as follows:
(I) At least 10 working days before asbestos stripping or removal work or any other activity begins (such as site preparation that would break up, dislodge or similarly disturb asbestos material), if the operation is described in paragraphs (i)(i)(A) and (D) (except (i)(i)(D)(III) and (i)(i)(D)(IV)). If the operation is as described in paragraph (i)(i)(B), notification is required 10 working days before demolition begins.
(II) At least 10 working days before the end of the calendar year preceding the year for which notice is being given for renovations described in paragraph (i)(i)(D)(III).
(III) As early as possible before, but not later than, the following working day if the operation is a demolition ordered according to paragraph (i)(i)(C) or, if the operation is a renovation described in paragraph (i)(i)(D)(IV).
(IV) For asbestos stripping or removal work in a demolition or renovation operation, described in paragraphs (i)(i)(A) and (D) (except (i)(i)(D)(III) and (i)(i)(D)(IV)), and for a demolition described in paragraph (i)(i)(B), that will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Administrator as follows:
(1.) When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin after the date contained in the notice,
a. Notify the Administrator of the new start date by telephone as soon as possible before the original start date, and
b. Provide the Administrator with a written notice of the new start date as soon as possible before, and no later than, the original start date. Delivery of the updated notice by the U.S. Postal Service commercial delivery service, or hand delivery is acceptable.
(2.) When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin on a date earlier than the original start date, a. Provide the Administrator with a written notice of the new start date at least 10 working days before asbestos stripping or removal work begins.
b. For demolitions covered by paragraph (i) (i) (B), provide the Administrator written notice of a new start date at least 10 working days before commencement of demolition. Delivery of updated notice by U.S. Postal Service, commercial delivery service, or hand delivery is acceptable.
(3.) In no event shall an operation covered by this paragraph begin on a date other than the date contained in the written notice of the new start date.
(D) Include the following in the notice:
(I) An indication of whether the notice is the original or a revised notification.
(II) Name, address, and telephone number of both the facility owner and operator and the asbestos removal contractor owner or operator.
(III) Type of operation: demolition or renovation.
(IV) Description of the facility or affected part of the facility including the size (square meters [square feet] and number of floors), age, and present and prior use of the facility.
(V) Procedure, including analytical methods, employed to detect the presence of RACM and Category I and Category II nonfriable ACM.
(VI) Estimate of the approximate amount of RACM to be removed from the facility in terms of length of pipe in linear meters (linear feet), surface area in square meters (square feet) on other facility components, or volume in cubic meters (cubic feet) if off the facility components. Also estimate the approximate amount of Category I and Category II nonfriable ACM in the affected part of the facility that will not be removed before demolition.
(VII) Location and street address (including building number or name and floor or room number, if appropriate), city, county, and state, or the facility being demolished or renovated.
(VIII) Scheduled starting and completion dates of asbestos removal work (or any other activity, such as site preparation that would break up, dislodge, or similarly disturb asbestos material) in a demolition or renovation; planned renovation operations involving individual nonscheduled operations shall only include the beginning and ending dates of the report period as described in paragraph (i) (i) (D) (III).
(IX) Scheduled starting and completion dates of demolition or renovation.
(X) Description of planned demolition or renovation work to be performed and method(s) to be employed, including demolition or renovation techniques to be used and description of affected facility components.
(XI) Description of work practices and engineering controls to be used to comply with the requirements of this section, including asbestos removal and waste-handling emission control procedures.
(XII) Name and location of the waste disposal site where the asbestos-containing waste material will be deposited.
(XIII) A certification that the individuals supervising and performing the stripping and removal described by this notification have received the training required by paragraph (i) (iii) (H).
(XIV) For facilities described in paragraph (i) (i) (C), the name, title, and authority of the State or local government representative who has ordered the demolition, the date that the order was issued, and the date on which the demolition was ordered to begin. A copy of the order shall be attached to the notification.
(XV) For emergency renovations described in paragraph (i) (D) (IV) of this section, the date and hour that the emergency occurred, a description of the sudden, unexpected event, and an explanation of how the event caused an unsafe condition, or would cause equipment damage or an unreasonable financial burden.
(XVI) Description of procedures to be followed in the event that unexpected RACM is found or Category II nonfriable ACM becomes crumbled, pulverized, or reduced to powder.
(XVII) Name, address, and telephone number of the waste transporter.
(E) The information required in paragraph (i) (ii) (D) must be reported using a form similar to that shown in Figure 3.
(iii) Procedures for asbestos emission control. Each owner or operator of a demolition or renovation activity to whom this paragraph applies, according to paragraph (i) (i), shall comply with the following procedures:
(A) Remove all RACM from a facility being demolished or renovated before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal. RACM need not be removed before demolition if:
| I. FACILITY DESCRIPTION (INCLUDE BUILDING NAME, NUMBER AND FLOOR OR ROOM NUMBER) | |||||
|---|---|---|---|---|---|
| BLDG NAME: | |||||
| ADDRESS: | |||||
| CITY: | STATE: | CONTACT: | |||
| SITE DESCRIPTION (type of material being removed) | |||||
| II. FACILITY INFORMATION (IDENTIFY OWNER, REMOVAL CONTRACTOR, AND OTHER OPERATOR) | |||||
| OWNER NAME: | |||||
| ADDRESS: | |||||
| CITY: | STATE: | ZIP: | |||
| CONTACT: | TEL: | ||||
| REMOVAL CONTRACTOR: | |||||
| ADDRESS: | |||||
| CITY: | STATE: | ZIP: | |||
| CONTACT: | TEL: | ||||
| OTHER OPERATOR: | |||||
| ADDRESS: | |||||
| CITY: | STATE: | ZIP: | |||
| CONTACT: | TEL: | ||||
| BUILDING SIZE: | NUM OF FLOORS: | AGE IN YEARS: | |||
| PRESENT USE: | PRIOR USE: | ||||
| III. TYPE OF OPERATION (D=DEMO O=ORDERED DEMO R=RENOVATION E=EMER. RENOVATION): | |||||
| IV. IS ASBESTOS PRESENT? (YES/NO) | |||||
| V. PROCEDURE, INCLUDING ANALYTICAL METHOD, IF APPROPRIATE, USED TO DETECT THE PRESENCE OF ASBESTOS MATERIAL: | |||||
| VI. SCHEDULED DATES ASBESTOS REMOVAL (MM/DD/YY) COMPLETE: | START: | ||||
| VII. SCHEDULED DATES DEMO/RENOVATION (MM/DD/YY) COMPLETE: | START: | ||||
| VIII. SCHEDULED WORK HOURS: COMPLETE: | START: | ||||
| IX. APPROXIMATE AMOUNT OF ASBESTOS, INCLUDING: 1. REGULATED ACM TO BE REMOVED 2. CATEGORY I ACM NOT REMOVED 3. CATEGORY II ACM NOT REMOVED | RACM TO BE REMOVED | NONFRIABLE ASBESTOS MATERIAL TO BE REMOVED | NONFRIABLE ASBESTOS MATERIAL NOT TO BE REMOVED | ||
| CAT I | CAT II | CAT I | CAT II | ||
| PIPES | |||||
| SURFACE AREA | |||||
| VOL RACM OFF FACILITY COMPONENT |
X. DESCRIPTION OF PLANNED DEMOLITION OR RENOVATION WORK, AND METHOD(S) TO BE USED:
XI. DESCRIPTION OF WORK PRACTICES AND ENGINEERING CONTROLS TO BE USED TO PREVENT EMISSIONS OF ASBESTOS AT THE DEMOLITION AND RENOVATION SITE:
Figure 3
| XII. TYPE OF NOTIFICATION (O=ORIGINAL R=REVISED C=CANCELLED): | WPR Notice? | |
|---|---|---|
| XIII. WASTE TRANSPORTER #1 | ||
| NAME: | ||
| ADDRESS: | ||
| CITY: | STATE: | ZIP: |
| CONTACT PERSON: | TELEPHONE: | |
| WASTE TRANSPORTER #2 | ||
| NAME: | ||
| ADDRESS: | ||
| CITY: | STATE: | ZIP: |
| CONTACT PERSON: | TELEPHONE: | |
| XIV. WASTE DISPOSAL SITE | ||
| NAME: | ||
| LOCATION: | ||
| CITY: | STATE: | ZIP: |
| TELEPHONE: | CONTACT PERSON: | |
| XV. IF DEMOLITION ORDERED BY A GOVERNMENT AGENCY, PLEASE IDENTIFY THE AGENCY BELOW: | ||
| NAME: | TITLE: | |
| AUTHORITY: | ||
| DATE OF ORDER (MM/DD/YY): | DATE ORDERED TO BEGIN (MM/DD/YY): | |
| XVI. FOR EMERGENCY RENOVATIONS | ||
| DATE AND HOUR OF EMERGENCY (MM/DD/YY): | ||
| DESCRIPTION OF THE SUDDEN, UNEXPECTED EVENT: | ||
| EXPLANATION OF HOW THE EVENT CAUSED UNSAFE CONDITIONS OR WOULD CAUSE EQUIPMENT DAMAGE OR AN UNREASONABLE FINANCIAL BURDEN: | ||
| XVII. DESCRIPTION OF PROCEDURES TO BE FOLLOWED IN THE EVENT THAT UNEXPECTED ASBESTOS IS FOUND OR PREVIOUSLY NONFRIABLE ASBESTOS MATERIAL BECOMES CRUMBLED, PULVERIZED, OR REDUCED TO POWDER. | ||
| XVIII. I CERTIFY THAT AN INDIVIDUAL TRAINED IN THE PROVISIONS OF THIS REGULATION (40 CFR PART 61, SUBPART M) WILL BE ON-SITE DURING THE DEMOLITION OR RENOVATION AND EVIDENCE THAT THE REQUIRED TRAINING HAS BEEN ACCOMPLISHED BY THIS PERSON WILL BE AVAILABLE FOR INSPECTION DURING NORMAL BUSINESS HOURS (REQUIRED 1 YEAR AFTER PROMULGATION). | ||
| (SIGNATURE OF OWNER/OPERATOR) | (DATE) | |
| XIX. I CERTIFY THAT THE ABOVE INFORMATION IS CORRECT. |
____ (SIGNATURE OF OWNER/OPERATOR) ______ (DATE)
(I) It is Category I nonfriable ACM that is not in poor condition and is not friable.
(II) It is on a facility component that is encased in concrete or other similarly hard material and is adequately wet whenever exposed during demolition; or
(III) It was not accessible for testing and was, therefore, not discovered until after demolition began and, as a result of the demolition, the material cannot be safely removed. If not removed for safety reasons, the exposed RACM and any asbestos-contaminated debris must be treated as asbestos-containing waste material and adequately wet at all times until disposed of.
(IV) They are Category II nonfriable ACM and the probability is low that the materials will become crumbled, pulverized, or reduced to powder during demolition.
(B) When a facility component that contains, is covered with, or is coated with RACM is being taken out of the facility as a unit or in sections:
(I) Adequately wet all RACM exposed during cutting or disjointing operations; and
(II) Carefully lower each unit or section to the floor and to ground level, not dropping, throwing, sliding, or otherwise damaging or disturbing the RACM.
(C) When RACM is stripped from a facility component while it remains in place in the facility, adequately wet the RACM during the stripping operation.
(I) In renovation operations, wetting is not required if:
(1.) The owner or operator has obtained prior written approval from the Administrator based on a written application that wetting to comply with this paragraph would unavoidably damage equipment or present a safety hazard; and
(2.) The owner or operator uses one of the following emission control methods:
a. A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in paragraph (o).
b. A glove-bag system designed and operated to contain the particulate asbestos material produced by the stripping of the asbestos materials.
c. Leak-tight wrapping to contain all RACM prior to dismantlement.
(II) In renovation operations where wetting would result in equipment damage or a safety hazard, and the methods allowed in paragraph (i) (iii) (C) (I) cannot be used, another method may be used after obtaining written approval from the Administrator based upon a determination that it is equivalent to wetting in controlling emissions or to the methods allowed in paragraph (i) (iii) (C) (I).
(III) A copy of the Administrator's written approval shall be kept at the worksite and made available for inspection.
(D) After a facility component covered with, coated with, or containing RACM has been taken out of the facility as a unit or in sections pursuant to paragraph (i) (iii) (B), it shall be stripped or contained in leak-tight wrapping, except as described in paragraph (i) (iii) (E). If stripped, either:
(I) Adequately wet the RACM during stripping; or
(II) Use a local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in paragraph (o).
(E) For large facility components such as reactor vessels, large tanks, and steam generators, but not beams (which must be handled in accordance with paragraphs (i) (iii) (B), (C), and (D)), the RACM is not required to be stripped if the following requirements are met:
(I) The component is removed, transported, stored, disposed of, or reused without disturbing or damaging the RACM.
(II) The component is encased in a leak-tight wrapping.
(III) The leak-tight wrapping is labeled according to paragraphs (m) (iv) (A) (I), (II), and (III) during all loading and unloading operations and during storage.
(F) For all RACM, including material that has been removed or stripped:
(I) Adequately wet the material and ensure that it remains wet until collected and contained or treated in preparation for disposal in accordance with paragraph (m) and (II) Carefully lower the material to the ground and floor, not dropping, throwing, sliding, or otherwise damaging or disturbing the material.
(III) Transport the material to the ground via leak-tight chutes or containers if it has been removed or stripped more than 50 feet above ground level and was not removed as units or in sections.
(IV) RACM contained in leak-tight wrapping that has been removed in accordance with paragraphs (i)(iii)(D) and (i)(iii)(C)(I)(2.)c. need not be wetted.
(G) When the temperature at the point of wetting is below 0 C (32 F):
(I) The owner or operator need not comply with paragraph (i)(iii)(B)(I) and the wetting provisions of paragraph (i)(iii)(C).
(II) The owner or operator shall remove facility components containing, coated with, or covered with RACM as units or in sections to the maximum extent possible.
(III) During periods when wetting operations are suspended due to freezing temperatures, the owner or operator must record the temperature in the area containing the facility components at the beginning, middle, and end of each workday and keep daily temperature records available for inspection by the Administrator during normal business hours at the demolition or renovation site. The owner or operator shall retain the temperature records for at least 2 years.
(H) No RACM shall be stripped, removed, or otherwise handled or disturbed at a facility regulated by this Section unless the individuals supervising and performing the operation have been trained in the provisions of this regulation and the means of complying with them. Asbestos School Hazard Abatement Reauthorization Act (ASHARA) training will be acceptable to meet this requirement. Every year, the individuals supervising and performing asbestos operations shall receive refresher training in the provisions of this regulation. The required training shall include as a minimum: applicability; notifications; material identification; control procedures for removals including, at least, wetting, local exhaust ventilation, negative pressure enclosures, glove-bag procedures, and High Efficiency Particulate Air (HEPA) filters; waste disposal work practices; reporting and recordkeeping; and asbestos hazards and worker protection. Evidence that the required training has been completed shall be posted and made available for inspection by the Administrator at the demolition or renovation site.
(I) For facilities described in paragraph (i)(i)(C), adequately wet the portion of the facility that contains RACM during the wrecking operation.
(J) If a facility is demolished by intentional burning, all RACM including Category I and Category II nonfriable ACM must be removed in accordance with the NESHAP before burning.
(j) Standard for spraying.
The owner or operator of an operation in which asbestos-containing materials are spray applied shall comply with the following requirements:
(i) For spray-on application on buildings, structures, pipes, and conduits do not use material containing more than 1 percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy, except as provided in paragraph (j)(iii).
(ii) For spray-on application of materials that contain more than 1 percent asbestos as determined using the method specified in Appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy, on equipment and machinery, except as provided in paragraph (j)(iii):
(A) Notify the Administrator at least 20 days before beginning the spraying operation. Include the following information in the notice:
(I) Name and address of owner or operator.
(II) Location of spraying operation.
(III) Procedures to be followed to meet the requirements of paragraph (j).
(B) Discharge no visible emissions to the outside air from spray-on application of the asbestos-containing material or use the methods specified by paragraph (o) to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.
(iii) The requirements of paragraphs (j)(i) and (j)(ii) do not apply to the spray-on application of materials where the asbestos fibers in the materials are encapsulated with a bituminous or resinous binder during spraying and the materials are not friable after drying.
(k) Standard for fabricating.
(i) Applicability. This section applies to the following fabrication operations using commercial asbestos:
(A) The fabrication of cement building products.
(B) The fabrication of friction products, except those operations that primarily install asbestos friction materials on motor vehicles.
(C) The fabrication of cement or silicate board for ventilation hoods; ovens; electrical panels; laboratory furniture, bulkheads, partitions, and ceilings for marine construction; and flow control devices for the molten metal industry.
(ii) Standard. Each owner or operator of any of the fabricating operations to which this section applies shall either:
(A) Discharge no visible emissions to the outside air from any of the operations or from any building or structure in which they are conducted or from any other fugitive sources; or
(B) Use the methods specified by paragraph (o) to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.
(C) Monitor each potential source of asbestos emissions from any part of the fabricating facility, including air cleaning devices, process equipment, and buildings that house equipment for material processing and handling, at least once a day, during daylight hours, for visible emissions to the outside air during periods of operation. The monitoring shall be by visual observation of at least 15 seconds duration per source of emission.
(D) Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunctions, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in the filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submit to the Administrator, and revise as necessary, a written maintenance plan to include, at a minimum, the following:
(I) Maintenance schedule.
(II) Recordkeeping plan.
(E) Maintain records of the results of visible emission monitoring and air cleaning device inspections using a format similar to that shown in Figures 1 and 2 and include the following:
(I) Date and time of each inspection.
(II) Presence or absence of visible emissions.
(III) Condition of fabric filters, including presence of any tears, holes, and abrasions.
(IV) Presence of dust deposits on clean side of fabric filters.
(V) Brief description of corrective actions taken, including date and time.
(VI) Daily hours of operation for each air cleaning device.
(F) Furnish upon request and make available at the affected facility during normal business hours for inspection by the Administrator, all records required under this paragraph.
(G) Retain a copy of all monitoring and inspection records for a least 2 years.
(H) Submit quarterly a copy of the visible emission monitoring records to the Administrator if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter.
(I) Standard for insulating materials. No owner or operator of a facility may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied and friable after drying. The provisions of this paragraph do not apply to spray-applied insulating materials regulated under paragraph (j).
(m) Standard for waste disposal for non-facilities, manufacturing, demolition, renovation, spraying, and fabricating. Each owner or operator of any source covered under the provisions of Sec. (g), (h), (i), (j), or (k) shall meet the requirements of the Solid Waste Division of the Wyoming Department of Environmental Quality or, at a minimum, the requirements of the following:
(i) Discharge no visible emissions to the outside air during the collection, processing (including incineration), packaging, or transporting of any asbestos-containing waste material generated by the source, or use one of the emission control and waste treatment methods specified in paragraphs (m)(i)(A) through (D).
(A) Adequately wet asbestos-containing waste material as follows:
(I) Mix control device asbestos waste to form a slurry; adequately wet other asbestos-containing waste material; and
(II) Discharge no visible emissions to the outside air from collection, mixing, wetting, and handling operations, or use the methods specified by paragraph (o) to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air; and
(III) After wetting, seal all asbestos-containing waste material in leak-tight containers while wet; or, for materials that will not fit into containers without additional breaking, put materials into leak-tight wrapping; and
(IV) Label the containers or wrapped materials specified in paragraph (m)(i)(A)(III) using warning labels specified by Occupational Safety and Health Standards of the Department of Labor, Occupational Safety and Health Administration (OSHA) under 29 CFR 1910.1001(j)(2) or 1926.58(k)(2)(iii). The labels shall be printed in letters of sufficient size and contrast so as to be readily visible and legible.
(V) For asbestos-containing waste material to be transported off the facility site, label containers or wrapped materials with the name of the waste generator and the location at which the waste was generated.
(B) Process asbestos-containing waste material into nonfriable forms as follows:
(I) Form all asbestos-containing waste material into nonfriable pellets or other shapes;
(II) Discharge no visible emissions to the outside air from collection and processing operations, including incineration, or use the method specified by paragraph (o) to clean emissions containing particulate asbestos materials before they escape to, or are vented to, the outside air.
(C) For facilities demolished where the RACM is not removed prior to demolition, adequately wet asbestos-containing waste material at all times after demolition and keep wet during handling and loading for transport to a disposal site. Asbestos-containing waste materials covered by this paragraph do not have to be sealed in leak-tight containers or wrapping but may be transported and disposed of in bulk.
(D) Use an alternative emission control and waste treatment method that has received prior written approval by the EPA Administrator. To obtain approval for an alternative method, a written application must be submitted to the EPA Administrator demonstrating that the following criteria are met:
(I) The alternative method will control asbestos emissions equivalent to currently required methods.
(II) The suitability of the alternative method for the intended application.
(III) The alternative method will not violate other regulations.
(IV) The alternative method will not result in increased water pollution, land pollution, or occupational hazards.
(E) As applied to demolition and renovation, the requirements of paragraph (m)(i) do not apply to Category I and Category II nonfriable ACM waste that did not become crumbled, pulverized, or reduced to powder.
(ii) All asbestos-containing waste material shall be deposited as soon as is practical by the waste generator at:
(A) A waste disposal site operated in accordance with the provisions of paragraph (q), or
(B) An EPA-approved site that converts RACM and asbestos-containing waste material into nonasbestos (asbestos-free) material according to the provisions of paragraph (r).
(C) The requirements of paragraph (m)(ii) do not apply to Category I nonfriable ACM that is not RACM.
(iii) Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of waste so that the signs are visible. The markings must:
(I) Be displayed in such a manner and location that a person can easily read the legend.
(II) Conform to the requirements for 51 cm X 36 cm (20 in X 14 in) upright format signs specified in 29 CFR 1910.145 (d)(4) and this paragraph; and
(III) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified below.
Legend
DANGER
ASBESTOS DUST HAZARD
CANCER AND LUNG DISEASE HAZARD
Authorized Personnel Only
Notation
2.5 cm (1 inch) Sans Serif, Gothic or Block
2.5 cm (1 inch) Sans Serif, Gothic or Block
1.9 cm (3/4 inch) Sans Serif, Gothic or Block
14 Point Gothic
Spacing between any two lines must be at least equal to the height of the upper of the two lines.
(iv) For all asbestos-containing waste material transported off the facility site:
(A) Maintain waste shipment records, using a form similar to that shown in Figure 4, and include the following information:
(IV) The name and telephone number of the disposal site operator.
(V) The name and physical site location of the disposal site.
(VI) The date transported.
(VII) The name, address, and telephone number of the transporter(s).
(VIII) A certification that the contents of this consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and governmental regulations.
(B) Provide a copy of the waste shipment record, described in paragraph (m) (iv) (A), to the disposal site owners or operators at the same time as the asbestos-containing waste material is delivered to the disposal site.
(C) For waste shipments where a copy of the waste shipment record, signed by the owner or operator of the designated disposal site, is not received by the waste generator within 35 days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the designated disposal site to determine the status of the waste shipment.
(D) Report in writing to the Wyoming Department of Environmental Quality, Air Quality Division, if a copy of the waste shipment record, signed by the owner or operator of the designated waste disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. Include in the report the following information:
(I) A copy of the waste shipment record for which a confirmation of delivery was not received, and
(II) A cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts.
(E) Retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least 2 years.
(v) Furnish upon request, and make available for inspection by the Administrator, all records required under this section.
| GENERATOR | ||
|---|---|---|
| 1. Work site name and mailing address | Owner's name | Owner's telephone no. |
| 2. Operator's name and address | Operator's telephone no. | |
| 3. Waste disposal site (WDS) name, mailing address, and physical site location | WDS telephone no. | |
| 4. Name and address of responsible agency | ||
| 5. Description of materials | 6. Containers No. Type | 7. Total quantity m3 (yd3) |
| 8. Special handling instructions and additional information | ||
| 9. OPERATOR'S CERTIFICATION: I hereby declare that the contents of this consignment are fully and accurately described above by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations. | ||
| Printed/typed name & title | Signature | Month Day Year |
| Transporter | ||
| 10. Transporter 1 (Acknowledgment of receipt of materials) | ||
| Printed/typed name & title Address and telephone no. | Signature | Month Day Year |
| 11. Transporter 2 (Acknowledgment of receipt of materials) | ||
| Printed/typed name & title Address and telephone no. | Signature | Month Day Year |
| Disposal Site | ||
| 12. Discrepancy indication space | ||
| 13. Waste disposal site owner or operator: Certification of receipt of |
| asbestos materials covered by this manifest except as noted in item 12. | ||
|---|---|---|
| Printed/typed name & title | Signature | Month Day Year |
Figure 4. Waste Shipment Record (n) Standard for inactive waste disposal sites for manufacturing and fabricating operations. Each owner or operator of any inactive waste disposal site that was operated by sources covered under paragraphs (h) or (k) and received deposits of asbestos-containing waste material generated by the sources, shall meet the requirements of the Solid Waste Division of the Wyoming Department of Environmental Quality or at a minimum:
(i) Comply with one of the following:
(A) Either discharge no visible emissions to the outside air from an inactive waste disposal site subject to the paragraph; or
(B) Cover the asbestos-containing waste material with at least 15 centimeters (6 inches) of compacted nonasbestos-containing material, and grow and maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste material. In desert areas where vegetation would be difficult to maintain, at least 8 additional centimeters (3 inches) of well-graded, nonasbestos crushed rock may be placed on top of the final cover instead of vegetation and maintained to prevent emissions; or
(C) Cover the asbestos containing waste material with at least 60 centimeters (2 feet) of compacted nonasbestos-containing material, and maintain it to prevent exposure of the asbestos-containing waste; or
(D) For inactive waste disposal sites for asbestos tailings, a resinous or petroleum-based dust suppression agent that effectively binds dust to control surface air emissions may be used instead of the methods in paragraphs (n)(i)(A), (B), and (C). Use the agent in the manner and frequency recommended for the particular asbestos tailings by the manufacturer of the dust suppression agent to achieve and maintain dust control. Obtain prior written approval of the Administrator to use other equally effective dust suppression agents. For purposes of this paragraph, any used, spent, or other waste oil is not considered a dust suppression agent.
(ii) Unless a natural barrier adequately deters access by the general public, install and maintain warning signs and fencing as follows, or comply with paragraph (n)(i)(B) or (n)(i)(C).
(A) Display warning signs at all entrances and at intervals of 100 m (328 feet) or less along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material was deposited. The warning signs must:
(I) Be posted in such a manner and location that a person can easily read the legend; and
(II) Conform to the requirements of 51 cm x 36 cm (20' x 14') upright format signs specified in 29 CFR 1910.145(d)(4) and this paragraph; and (III) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph.
| Legend | Notation |
|---|---|
| Asbestos Waste Disposal Site | 2.5 cm (1 inch) Sans Serif, Gothic or Block |
| Do Not Create Dust | 1.9 cm (3/4 inch) Sans Serif, Gothic or Block |
| Breathing Asbestos is Hazardous to Your Health | 14 point Gothic |
Spacing between any two lines must be at least equal to the height of the upper of the two lines
(B) Fence the perimeter of the site in a manner adequate to deter access by the general public.
(C) When requesting a determination on whether a natural barrier adequately deters public access, supply information enabling the Administrator to determine whether a fence or a natural barrier adequately deters access by the general public.
(iii) The owner or operator may use an alternative control method that has received prior approval of the EPA Administrator rather than comply with the requirements of paragraph (n)(i) or (n)(ii).
(iv) Notify the Administrator in writing at least 45 days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site under this section, and follow the procedures specified in the notification. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Administrator at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice:
(A) Scheduled starting and completion dates.
(B) Reason for disturbing the waste
(C) Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the Administrator may require changes in the emission control procedures to be used.
(D) Location of any temporary storage site and the final disposal site.
(v) Within 60 days of a site becoming inactive and after the effective date of this subpart, record, in accordance with State law, a notation on the deed to the facility property and on any other instrument that would normally be examined during a title search; this notation will in perpetuity notify any potential purchaser of the property that:
(A) The land has been used for the disposal of asbestos-containing waste material;
(B) The survey plot and record of the location and quantity of asbestos-containing waste disposed of within the disposal site required in paragraph (q)(vi) have been filed with the Administrator; and
(C) The site is subject to Section 29 of the Wyoming Air Quality Standards and Regulations and to 40 CFR part 61, subpart M.
(o) Air cleaning.
(i) The owner or operator who uses air cleaning, as specified in paragraph (h)(ii)(B), (i)(iii)(C)(I)(2.)a., (i)(iii)(D)(II), (j)(ii)(B), (k)(ii)(B), (m)(i)(A)(II), (m)(i)(B)(II) and (r)(v) shall:
(A) Use fabric filter collection devices, except as noted in paragraph (o)(ii), doing all of the following:
(I) Ensuring that the airflow permeability, as determined by ASTM Method D737-75, does not exceed 9 m³/min/m² (30 ft³/min/ft²) for woven fabrics or 11 m³/min/m² (35 ft³/min/ft²) for felted fabrics, except that 12 m³/min/m² (40 ft³/min/ft²) for woven and 14 m³/min/m² (45 ft³/min/ft²) for felted fabrics is allowed for filtering air from asbestos ore dryers; and
(II) Ensuring that felted fabric weighs at least 475 grams per square meter (14 ounces per square yard) and is at least 1.6 millimeters (one-sixteenth inch) thick throughout; and
(III) Avoiding the use of synthetic fabrics that contain fill yarn other than that which is spun.
(B) Properly install, use, operate, and maintain all air-cleaning equipment authorized by this paragraph. Bypass devices may be used only during upset or emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material.
(C) For fabric filter collection devices installed after January 10, 1989, provide for easy inspection for faulty bags.
(ii) There are the following exceptions to paragraph (o)(i)(A):
(A) After January 10, 1989, if the use of fabric creates a fire or explosion hazard, or the Administrator determines that a fabric filter is not feasible, the Administrator may authorize as a substitute the use of wet collectors designed to operate with a unit contacting energy of at least 9.95 kilopascals (40 inches water gage pressure).
(B) Use a HEPA filter that is certified to be a least 99.97 percent efficient for 0.3 micron particles.
(C) The EPA Administrator may authorize the use of filtering equipment other than described in paragraphs (o)(i)(A) and (o)(ii)(A) and (B) if the owner or operator demonstrates to the EPA Administrator's satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material.
(p) Reporting.
(i) Any new source to which this section applies (with the exception of sources subject to paragraphs (i), (j), and (l)), which has an initial startup date preceding the effective date of this revision, shall provide the following information to the Administrator postmarked or delivered within 90 days of the effective date. In the case of a new source that does not have an initial startup date preceding the effective date, the information shall be provided, postmarked or delivered, within 90 days of the initial startup date. Any owner or operator of an existing source shall provide the following information to the Administrator within 90 days of the effective date of this subpart unless the owner or operator of the existing source has previously provided this information to the Administrator. Any changes in the information provided by any existing source shall be provided to the Administrator, postmarked or delivered, within 30 days after the change.
(A) A description of the emission control equipment used for each process; and
(I) If the fabric device uses a woven fabric, the airflow permeability in m³/min/m² and; if the fabric is synthetic, whether the fill yarn is spun or not spun; and
(II) If the fabric filter device uses a felted fabric, the density in g/m², the minimum thickness in inches and the airflow permeability in m³/min/m².
(B) If a fabric filter device is used to control emissions,
(I) The airflow permeability in m³/min/m² (ft³/min/ft²) if the fabric filter device uses a woven fabric, and, if the fabric is synthetic, whether the fill yarn is spun or not spun; and
(II) If the fabric filter device uses a felted fabric, the density in g/m² (oz/yd²), the minimum thickness in millimeters (inches), and the airflow permeability in m³/min/m² (ft³/min/ft²).
(C) If a HEPA filter is used to control emissions, the certified efficiency.
(D) For sources subject to paragraph (m):
(I) A brief description of each process that generates asbestos-containing waste material; and
(II) The average volume of asbestos-containing waste material disposed of measured in m³/day (yd³/day); and
(III) The emission control methods used in all stages of waste disposal; and
(IV) The type of disposal site or incineration site used for ultimate disposal, the name of the site operator, and the name and location of the disposal site.
(E) For sources subject to paragraphs (n) and (q):
(I) A brief description of the site; and
(II) The method or methods used to comply with the standard, or alternate procedures to be used.
(ii) The information required by paragraph (p)(i) must accompany the information required by 40 CFR, Part 61, Subpart A, § 61.10.
Active waste disposal sites subject to paragraph (q) shall also comply with this provision. Demolition and renovation, spraying, and insulating materials are exempted from the requirements of 40 CFR § 61.10(a). The information described in this paragraph must be reported using the format of Appendix A of CFR 40, Part 61 as a guide.
(q) Standard for active waste disposal sites. Each owner or operator of an active waste disposal site that receives asbestos-containing waste material from a source covered under paragraphs (m) or (r) shall meet the requirements of the Solid Waste Division of the Wyoming Department of Environmental Quality, or at a minimum the following:
(i) Either there must be no visible emissions to the outside air from any active waste disposal site where asbestos-containing waste material has been deposited, or the requirements of paragraph (q)(iii) or (q)(iv) must be met.
(ii) Unless a natural barrier adequately deters access by the general public, either warning signs and fencing must be installed and maintained as follows, or the requirements of paragraph (q)(iii)(A) must be met.
(A) Warning signs must be displayed at all entrances and at intervals of 100 m (330 ft) or less along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material is deposited. The warning signs must:
(I) Be posted in such a manner and location that a person can easily read the legend; and
(II) Conform to the requirements of 51 cm x 36 cm (20' x 14') upright format signs specified in 29 CFR 1910.145 (d)(4) and this paragraph; and
(III) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified below.
| Legend | Notation |
|---|---|
| Asbestos Waste Disposal Site | 2.5 cm (1 inch) Sans Serif, Gothic or Block |
| Do Not Create Dust | 1.9 cm (3/4 inch) Sans Serif, Gothic or Block |
| Breathing Asbestos is Hazardous to Your Health | 14 point Gothic |
Spacing between any two lines must be at least equal to the height of the upper of the two lines.
(B) The perimeter of the disposal site must be fenced in a manner adequate to deter access by the general public.
(C) Upon request and supply of appropriate information, the Administrator will determine whether a fence or a natural barrier adequately deters access by the general public.
(iii) Rather than meet the no visible emission requirement of paragraph (q)(i), at the end of each operating day, or at least once every 24-hour period while the site is in continuous operation, the asbestos-containing waste material that has been deposited at the site during the operating day or previous 24-hour period shall:
(A) Be covered with at least 15 centimeters (6 inches) of compacted nonasbestos-containing material, or
(B) Be covered with a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. Such an agent shall be used in the manner and frequency recommended for the particular dust by the dust suppression agent manufacturer to achieve and maintain dust control. Other equally effective dust suppression agents may be used upon prior approval by the Administrator. For purposes of this paragraph, any used, spent, or other waste oil is not considered a dust suppression agent.
(iv) Rather than meet the no visible emission requirement of paragraph q(i), use an alternative emissions control method that has received prior written approval by the EPA Administrator according to the procedures described in paragraph m(i)(D).
(v) For all asbestos-containing waste material received, the owner or operator of the active waste disposal site shall:
(A) Maintain waste shipment records, using a form similar to that shown in Figure 4, and include the following information:
(I) The name, address, and telephone number of the waste generator.
(II) The name, address, and telephone number of the transporter(s).
(III) The quantity of the asbestos-containing waste material in cubic meters (cubic yards).
(IV) The presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers.
(V) The date of the receipt.
(B) Upon discovering the presence of a significant amount of improperly enclosed or uncovered waste, report in writing by the following working day to the local, State, or EPA Regional office responsible for administering the asbestos NESHAP program for the waste generator (identified in the waste shipment record), and, if that office is outside the State of Wyoming, also report in writing by the following working day to the Wyoming Department of Environmental Quality, Air Quality Division. Submit a copy of the waste shipment record along with the report.
(C) As soon as possible and no longer that 30 days after receipt of the waste, send a copy of the signed waste shipment record to the waste generator.
(D) Upon discovering a discrepancy between the quantity of waste designated on the waste shipment records and the quantity actually received, attempt to reconcile the discrepancy with the waste generator.
If the discrepancy is not resolved within 15 days after receiving the waste, immediately report in writing to the local, State, or EPA Regional office responsible for administering the asbestos NESHAP program for the waste generator (identified in the waste shipment record), and, if that office is outside the State of Wyoming, also report in writing to the Wyoming Department of Environmental Quality, Air Quality Division. Describe the discrepancy and attempts to reconcile it, and submit a copy of the waste shipment record along with the report.
(E) Retain a copy of all records and reports required by this paragraph for at least 2 years.
(vi) Maintain, until closure, records of the location, depth and area, and quantity in cubic meters (cubic yards) of asbestos-containing waste material within the disposal site on a map or diagram of the disposal area.
(vii) Upon closure, comply with all the provisions of Sec. (n)
(viii) Submit to the Administrator, upon closure of the facility, a copy of records of asbestos waste disposal locations and quantities.
(ix) Furnish upon request, and make available during normal business hours for inspection by the Administrator, all records required under this paragraph.
(x) Notify the Administrator in writing at least 45 days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site and is covered. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date must be provided at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice.
(A) Scheduled starting and completion dates.
(B) Reason for disturbing the waste.
(C) Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the Administrator may require changes in the emission control procedures to be used.
(D) Location of any temporary storage site and the final disposal site.
(r) Standard for operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material. Each owner or operator of an operation that converts RACM and asbestos-containing waste material into nonasbestos (asbestos-free) material shall:
(i) Obtain the prior written approval of the EPA Administrator to construct the facility. To obtain approval, the owner or operator shall provide the EPA Administrator with the following information:
(A) Application to construct pursuant to 40 C.F.R. § 61.07.
(B) In addition to the information requirements of 40 C.F.R. § 61.07(b)(3), a
(I) Description of waste feed handling and temporary storage.
(II) Description of process operating conditions.
(III) Description of the handling and temporary storage of the end product.
(IV) Description of the protocol to be followed when analyzing output materials by transmission electron microscopy.
(C) Performance test protocol, including provisions for obtaining information required under paragraph (r)(ii).
(D) The EPA Administrator may require that a demonstration of the process be performed prior to approval of the application to construct.
(ii) Conduct a start-up performance test. Test results shall include:
(A) A detailed description of the types and quantities of nonasbestos material, RACM, and asbestos-containing waste material processed, e.g., asbestos cement products, friable asbestos insulation, plaster, wood, plastic, wire, etc. Test feed is to include the full range of materials that will be encountered in actual operation of the process.
(B) Results of analyses, using polarized light microscopy, that document the asbestos content of the wastes processed.
(C) Results of analyses, using transmission electron microscopy, that document that the output materials are free of asbestos. Samples for analysis are to be collected as 8-hour composite samples (one 200-gram (7-ounce) sample per hour), beginning with the initial introduction of RACM or asbestos-containing waste material and continuing until the end of the performance test.
(D) A description of operation parameters, such as temperature and residence time, defining the full range over which the process is expected to operate to produce nonasbestos (asbestos-free) materials. Specify the limits for each operating parameter within which the process will produce nonasbestos (asbestos-free) materials.
(E) The length of the test.
(iii) During the initial 90 days of operation, (A) Continuously monitor and log the operating parameters identified during start-up performance tests that are intended to ensure the production of nonasbestos (asbestos-free) output material.
(B) Monitor input materials to ensure that they are consistent with the test feed materials described during start-up performance tests in paragraph (r)(ii)(A).
(C) Collect and analyze samples, taken as 10-day composite samples (one 200-gram (7 ounce) sample collected every 8 hours of operation) of all output material for the presence of asbestos. Composite samples may be for fewer than 10 days. Transmission electron microscopy (TEM) shall be used to analyze the output material for the presence of asbestos. During the initial 90-day period, all output materials must be stored on-site until analysis shows the material to be asbestos-free or disposed of as asbestos-containing waste material according to paragraph (m).
(iv) After the initial 90 days of operation,
(A) Continuously monitor and record the operating parameters identified during start-up performance testing and any subsequent performance testing. Any output produced during a period of deviation from the range of operating conditions established to ensure the production of nonasbestos (asbestos-free) output materials shall be:
(I) Disposed of as asbestos-containing waste material according to paragraph (m), or
(II) Recycled as waste feed during process operation within the established range of operation conditions, or
(III) Stored temporarily on-site in a leak-tight container until analyzed for asbestos content. Any product material that is not asbestos-free shall be either disposed of as asbestos-containing waste material or recycled as waste feed to the process.
(B) Collect and analyze monthly composite samples (one 200-gram (7-ounce) sample collected every 8 hours of operation) of the output material. Transmission electron microscopy shall be used to analyze the output material for the presence of asbestos.
(v) Discharge no visible emissions to the outside air from any part of the operation, or use the methods specified in paragraph (o) to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.
(vi) Maintain records on-site and include the following information:
(A) Results of start-up performance testing and all subsequent performance testing, including operating parameters, feed characteristic, and analyses of output materials.
(B) Results of the composite analyses required during the initial 90 days of operation under paragraph (r)(iii).
(C) Results of the monthly composite analyses required under paragraph (r)(iv).
(D) Results of continuous monitoring and logs of process operating parameters required under paragraph (r)(iii) and (iv).
(E) The information on waste shipments received as required in paragraph (q).
(F) For output materials where no analyses were performed to determine the presence of asbestos, record the name and location of the purchaser or disposal site to which the output materials were sold or deposited, and the date of sale or disposal.
(G) Retain records required by paragraph (r)(vi) for at least 2 years.
(vii) Submit the following reports to the Administrator:
(A) A report for each analysis of product composite samples performed during the initial 90 days of operation.
(B) A quarterly report, including the following information concerning activities during each consecutive 3-month period:
(I) Results of analyses of monthly product composite samples.
(II) A description of any deviation from the operating parameters established during performance testing, the duration of the deviation, and steps taken to correct the deviation.
(III) Disposition of any product produced during a period of deviation, including whether it was recycled, disposed of as asbestos-containing waste material, or stored temporarily on-site until analyzed for asbestos content.
(IV) The information on waste disposal activities as required in paragraph (q).
(viii) Nonasbestos (asbestos-free) output material is not subject to any of the provisions of this Section. Output materials in which asbestos is detected, or output materials produced when the operating parameters deviated from those established during the start-up performance testing, unless shown by TEM analysis to be asbestos-free, shall be considered to be asbestos-containing waste and shall be handled and disposed of according to paragraph (m) and (q) or reprocessed while all of the established operating parameters are being met.
(a) Applicability. The following sources are subject to the operating permit requirements of this section:
(i) Any major source;
(ii) Any source, including an area source, subject to a standard, limitation, or other requirement under section 111 of the Act and Section 22 of the WAQSR;
(iii) Any source, including an area source, subject to a standard or other requirement under section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) of the Act;
(iv) Any 'affected source' subject to the acid rain provisions of title IV of the Act;
(v) Any stationary source subject to preconstruction review requirements pursuant to the Prevention of Significant Deterioration of Section 24 of the WAQSR;
(vi) Any other stationary source in a source category that the EPA may designate by regulation pursuant to the authority granted under the Act.
(vii) The following sources are specifically exempt from operating permit requirements of this section:
(A) Sources subject to Section 22, Subpart AAA - Standards of Performance for New Residential Wood Heaters; and
(B) Sources subject to the asbestos standards for demolition and renovation of Section 29.
(viii) Permitted sources which are not subject to the requirements of this section must obtain an operating permit under Section 21.
(ix) Research and development activities. Emissions from research and development facilities which are support facilities collocated with another source under common ownership or control must be included (along with other emissions from the source) in determining the applicability of Section 30 if fifty (50) percent or more of the output from the research and development facility is used by the main activity at the source. Otherwise, research and development operations may be considered as separate and discrete stationary sources in determining whether such operations are subject to Section 30 operating permit requirements.
(x) Emissions units and Section 30 sources. (A) For major sources, the Division shall include in the permit all applicable requirements for all relevant emissions units in the major source.
(B) For any nonmajor source subject to the Section 30 program under paragraph 30(a), the Division shall include in the permit all applicable requirements applicable to emissions units that cause the source to be subject to the Section 30 program.
(xi) Fugitive emissions. Fugitive emissions from a Section 30 source shall be included in the permit application and the Section 30 permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.
(b) Definitions. The following definitions apply to Section 30. Unless defined differently below, the meaning of the terms used in this section is the same as in Sections 2, 22, and 24 of the WAQSR.
(i) 'Act' means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
(ii) 'Affected source' shall have the meaning given to it in regulations promulgated under title IV of the Act for the acid rain program.
(iii) 'Affected States' are all States:
(A) Whose air quality may be affected and that are contiguous to the State of Wyoming where an operating permit, permit modification or permit renewal subject to the provisions of this section is being proposed; or
(B) That are within fifty miles of the permitted source.
(iv) 'Affected unit' shall have the meaning given to it in the regulations promulgated under title IV of the Act.
(v) 'Applicable requirement' means all of the following as they apply to emissions units at a source subject to this section (including requirements with future effective compliance dates that have been promulgated or approved by the EPA or the State through rulemaking at the time of issuance of the operating permit):
(A) Any standard or other requirement provided for in the Wyoming implementation plan approved or promulgated by the EPA under title I of the Act that implements the relevant requirements of the Act, including any revisions to the plan promulgated in 40 C.F.R. Part 52;
(B) Any standards or requirements in the WAQSR which are not a part of the approved Wyoming implementation plan and are not federally enforceable;
(C) Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under title I, including parts C or D of the Act and including Sections 21, 22, and 24 of the WAQSR;
(D) Any standard or other requirement promulgated under section 111 of the Act, including section 111(d) and Section 22 of the WAQSR;
(E) Any standard or other requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7) of the Act and including any regulations promulgated by the EPA and the State pursuant to Section 112 of the Act;
(F) Any standard or other requirement of the acid rain program under title IV of the Act or the regulations promulgated thereunder;
(G) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act concerning enhanced monitoring and compliance certifications;
(H) Any standard or other requirement governing solid waste incineration, under section 129 of the Act;
(I) Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act (having to do with the release of volatile organic compounds under ozone control requirements);
(J) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under title VI of the Act, unless the EPA has determined that such requirements need not be contained in a title V permit;
(K) Any national ambient air quality standard or increment or visibility requirement under part C of title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of the Act; and
(L) Any state ambient air quality standard or increment or visibility requirement of the WAQSR.
(M) Nothing under paragraph (b)(v) of this section shall be construed as affecting the allowance program and Phase II compliance schedule under the acid rain provision of Title IV of the Act.
(vi) 'Commencement of operation' means the setting into operation of a new or modified source (subject to the provisions of this section) for any purpose.
(vii) 'Department' means the Wyoming Department of Environmental Quality or its Director.
(viii) 'Designated representative' or 'alternate designated representative' shall have the meaning given to it in the regulations promulgated under Title IV of the Act.
(ix) 'Division' means the Air Quality Division of the Wyoming Department of Environmental Quality or its Administrator.
(x) 'Draft permit' means the version of a permit for which the Division offers public notice and an opportunity for public comment and hearing.
(xi) 'Emissions allowed under the permit' means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.
(xii) 'Emissions unit' means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act. This term is not meant to alter or affect the definition of the term 'unit' for purposes of title IV of the Act.
(xiii) 'EPA' means the Administrator of the U.S. Environmental Protection Agency or the Administrator's designee.
(xiv) 'Final permit' means the version of an operating permit under this section issued by the Division that has completed all review procedures required by Section 30(d) and 30(e).
(xv) 'Fugitive emissions' means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
(xvi) 'General permit' means an operating permit under this section that meets the requirements of Section 30(i).
(xvii) 'Major source' means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person or persons under common control) belonging to a single major industrial grouping and that is described in paragraphs (A), (B), or (C) of this definition. For the purpose of defining 'major source', a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.
(A) A major source under section 112 of the Act, which is defined as:
(I) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the EPA may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or
(II) For radionuclides, 'major source' shall have the meaning specified by the EPA by rule.
(B) A major stationary source of air pollutants, as defined in section 302 of the Act, that directly emits or has the potential to emit, 100 tpy or more of any air pollutant (including any major source of fugitive emissions of any such pollutant, as determined by rule by the EPA). Emissions of air pollutants regulated solely due to section 112(r) of the Act shall not be considered in determining whether a source is a 'major source' for purposes of Section 30 applicability. The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source unless the source belongs to one of the following categories of stationary sources:
(I) Stationary sources listed in Section 24(a)(i)(a) of the WAQSR; or
(II) A stationary source category regulated by a standard promulgated under section 111 or 112 of the Act, but only with respect to those air pollutants that have been regulated for that category.
(C) A major stationary source as defined in part D of title I of the Act (in reference to sources located in non-attainment areas).
(xviii) 'Operating permit' means any permit or group of permits covering a source under this section that is issued, renewed, amended, or revised pursuant to this section.
(xix) 'Permit modification' means a revision to an operating permit that meets the requirements of Section 30(d)(vi).
(xx) 'Permit revision' means any permit modification or administrative permit amendment.
(xxi) 'Potential to emit' means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation is enforceable by the EPA and the Division.
This term does not alter or affect the use of this term for any other purposes under the Act, or the term 'capacity factor' as used in title IV of the Act or the regulations promulgated thereunder.
(xxii) 'Proposed permit' means the version of a permit that the Division proposes to issue and forwards to the EPA for review.
(xxiii) 'Regulated air pollutant' means the following:
(A) Nitrogen oxides (NOx) or any volatile organic compound;
(B) Any pollutant for which a national ambient air quality standard has been promulgated;
(C) Any pollutant that is subject to any standard established in Section 22 of the WAQSR or section 111 of the Act;
(D) Any Class I or II substance subject to a standard promulgated under or established by title VI of the Act; or
(E) Any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the Act, including sections 112(g), (j), and (r) of the Act, including the following:
(I) Any pollutant subject to requirements under section 112(j) of the Act. If the EPA fails to promulgate a standard by the date established pursuant to section 112(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) of the Act; and
(II) Any pollutant for which the requirements of section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to section 112(g)(2) requirement.
(F) Pollutants regulated solely under section 112(r) of the Act are to be regulated only with respect to the requirements of section 112(r) for permits issued under this Section.
(xxiv) 'Regulated pollutant (for fee calculation),' which is used only for purposes of Section 30(f), means any 'regulated air pollutant' except the following:
(A) Carbon monoxide;
(B) Any pollutant that is a regulated air pollutant solely because it is a Class I or II substance subject to a standard promulgated under or established by title VI of the Act; or
(C) Any pollutant that is a regulated air pollutant solely because it is subject to a standard or regulation under section 112(r) of the Act.
(xxv) 'Renewal' means the process by which a permit is reissued at the end of its term.
(xxvi) 'Responsible official' means one of the following:
(A) For a corporation:
(I) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
(II) A duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:
(1.) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
(2.) the delegation of authority to such representative is approved in advance by the Division;
(B) For a partnership or sole proprietorship: a general partner or the proprietor, respectively;
(C) For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency; or
(D) For affected sources:
(I) The designated representative or alternate designated representative in so far as actions, standards, requirements, or prohibitions under title IV of the Act or the regulations promulgated thereunder are concerned; and
(II) The designated representative, alternate designated representative, or responsible official under 30(d)(xxv)(A) for all other purposes under this section.
(xxvii) 'Section 502(b)(10) changes' are changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting or compliance certification requirements.
(xxviii) 'Source' means any stationary source or area source (if subject to a standard, limitation or other requirement under section 111 or 112 of the Act).
(xxix) 'State' means any non-Federal permitting authority, including any local agency, interstate association, or statewide program. 'State' shall have its conventional meaning where such meaning is clear from the context.
(xxx) 'Stationary source' means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act.
(xxxi) 'WAQSR' means the Wyoming Air Quality Standards and Regulations promulgated under the Wyoming Environmental Quality Act, W.S. § 35-11-101 et seq.
(c) Permit Applications. Any stationary source or group of stationary sources subject to this section shall submit a timely and complete permit application in accordance with this paragraph.
(A) A timely application for a source applying for an operating permit under this section for the first time is one that is submitted to the Division within twelve (12) months after the source becomes subject to this section.
(B) Every stationary source or group of stationary sources which are subject to this section under paragraph (a), and which is required to obtain a construction or modification permit under Section 21, 22 or 24 of the WAQSR or section 112(g) of the Act shall file a complete application to obtain an operating permit within twelve (12) months after commencing operation. Where an existing operating permit would prohibit such construction or change in operation, the owner or operator must obtain a permit revision before commencing operation.
(C) For the purpose of an operating permit renewal, a timely application is one that is submitted at least six (6) months, but no earlier than eighteen (18) months, prior to the date of the permit expiration.
(D) Transition period. Initial operating permit applications for sources subject to this section shall be submitted as follows:
(I) Permit applications for operating natural gas compressor engines, operating natural gas sweetening plants, and operating natural gas processing plants subject to the standards of performance of Subpart KKK of Section 22 of the WAQSR, shall be submitted within four (4) months of the EPA's approval of this operating permit program, but not later than November 15, 1995. This requirement for the early submittal of permit applications includes only major sources as defined in Section 30(b)(xvi).
(II) Permit applications for all other operating sources subject to this section shall be submitted within twelve (12) months of the EPA's approval of this operating permit program, but not later than November 15, 1995.
(III) Applications for affected facilities addressing State and federal requirements, other than Title IV acid rain program requirements, shall be submitted to the Division within twelve (12) months of EPA approval of the operating permit program, but no later than November 15, 1995. Applications for phase II acid rain permits and all other acid rain permits for affected facilities shall be submitted in accordance with the acid rain permit application deadlines of Section 34(c)(i)(B).
(IV) All sources listed at Section 30(a) that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to section 129(e) of the Act, shall submit a permit application pursuant to this section at such time as the EPA requires such sources to obtain an operating permit in final regulations promulgated pursuant to title V of the Act.
(A) Operating permit applications shall be submitted on the Division's standard operating permit application forms and any required EPA Title IV acid rain permit forms. The information which must be included in the permit application is specified below:
(I) Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact.
(II) A description of the source's processes and products (by Standard Industrial Classification Code) including any associated with alternate scenarios identified by the source.
(III) The following emissions related information:
(1.) All emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. The permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit. Sufficient information shall be provided to verify which requirements are applicable to the source, and other information necessary to collect any permit fees owed under the fee schedule developed pursuant to Section 30(f).
The source shall not be required to furnish the above information for insignificant activities and emission levels such as maintenance, cleaning and painting, welding, chemical storage and transfer, and other activities which are incidental to the source's primary business activity and which result in emissions of less than one ton per year of a regulated pollutant not included in the section 112(b) list of hazardous air pollutants or emissions less than 1000 pounds per year of a pollutant regulated pursuant to listing under section 112(b) of the Act. Provided however, such emission levels of hazardous air pollutants do not exceed exemptions based on insignificant emission levels established by EPA through rule making for modification under section 112(g) of the Act. The source shall list such insignificant activities, proposed for exclusion, in its application and certify that emissions from each of these activities are less than the above quantities. Activities and emissions which have applicable requirements shall not be excluded from the operating permit application.
(2.) Identification and description of all emission points and fugitive emission sources in sufficient detail to establish the basis for fees and applicability of requirements of the Act and the WAQSR.
(3.) Emission rates in tons per year and in such terms as are necessary to establish compliance consistent with the applicable emission standard and reference test method.
(4.) The following information to the extent it is emissions related: fuels, fuel use, raw materials, production rates, and operating schedules.
(5.) Identification and description of air pollution control equipment and compliance monitoring devices or activities.
(6.) Limitations on source operations affecting emissions or any work practice standards, where applicable, for all regulated pollutants.
(7.) Other information required by any applicable requirements (including information related to stack height limitations pursuant to Section 21).
(8.) Calculations on which the information in items (1.) through (7.) is based.
(IV) The following air pollution control requirements:
(1.) Citation and description of all applicable requirements; and (2.) Description of or reference to any applicable test method for determining compliance with each applicable requirement and permit limitation.
(V) Other specific information that may be necessary to implement, and enforce other requirements of the Act and the WAQSR or to determine the applicability of such requirements.
(VI) An explanation of any proposed exemptions from otherwise applicable requirements.
(VII) Additional information as determined to be necessary by the Division to define alternative operating scenarios identified by the source pursuant to 30(h)(i)(I) or to define permit terms and conditions implementing 30(h)(i)(J).
(VIII) A compliance plan that contains the following:
(1.) A description of the compliance status of the source with respect to all applicable requirements.
(2.) A description as follows:
a. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.
b. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis.
c. For requirements for which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements.
(3.) A compliance schedule as follows:
a. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.
b. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.
c. A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.
(4.) A schedule for submission of certified progress reports where applicable no less frequently than every six months for sources required to have a schedule of compliance to remedy a violation.
(5.) The compliance plan content requirements specified in this paragraph shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under title IV of the Act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.
(IX) Requirements for compliance certification, including the following:
(1.) A certification of compliance with all applicable requirements by a responsible official consistent with Section 30(c)(iv) and section 114(a)(3) of the Act;
(2.) A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;
(3.) A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or this Division; and
(4.) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act.
(X) The use of nationally standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under title IV of the Act.
(B) Confidential Information. As provided in sections 35-11-1101(a) and 35-11-205(d) of the Wyoming Environmental Quality Act, upon a satisfactory showing that records, reports or information or particular parts thereof, other than emission and pollution data, if made public would divulge trade secrets, the records, reports or information or particular portions thereof shall be treated as confidential by the
Division. The Division may also request under 30(h)(i)(F)(V) that the applicant provide this information directly to the EPA.
(I) An applicant who submits information which it desires to be held confidential may do so by stamping the information as 'Confidential' and submitting it in a separate envelope marked 'Confidential'.
(iii) Duty to Supplement. Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit.
(iv) Certification. Any application form, report, or compliance certification submitted pursuant to the WAQSR shall require certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this part shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
(A) A permit, permit revision, or renewal may be issued only if all of the following conditions have been met:
(I) The Division has received a complete application for a permit, permit modification, or permit renewal, except that a complete application need not be received before issuance of a general permit under Section 30(i);
(II) Except for modifications qualifying for minor permit modification procedures under Section 30(d)(vi), the Division has complied with the requirements for public participation specified in this section;
(III) The Division has complied with the requirements for notifying and responding to affected States as required in this section;
(IV) The conditions of the permit provide for compliance with all applicable requirements and requirements of this section; and
(V) The EPA has received a copy of the proposed permit and any notices required under this section, and has not objected to the issuance of the permit within the time period specified in this section.
(B) Except for permits issued during the initial transitional period or under regulations promulgated under title IV of the Act for permitting affected units under the acid rain program, the Division shall take final action on each permit application, including a request for a permit modification or renewal within 18 months after receiving a complete permit application.
(C) Within 60 days of the receipt of the application, the Division shall provide notice of whether the application is complete. Unless additional information is requested subject to the application or if the applicant is otherwise notified of incompleteness, the application shall be deemed complete after this 60 day period. A completeness determination will not be made for minor permit modifications under Section 30(d)(vi)(A) and (B).
(D) The Division shall provide a statement that sets forth the legal and factual basis for the draft permit conditions (including references to the applicable statutory or regulatory provisions). The Division will provide this statement to the EPA and any other person who requests it.
(E) The submittal of a complete permit application shall not affect the requirement that any source have a preconstruction permit under Sections 21 or 24 of the WAQSR.
(ii) Requirement for a permit. Except as provided in this paragraph or in Section 30(d)(iii), no source requiring an operating permit under Section 30 may operate after the time that it is required to submit a timely and complete application, except in compliance with a permit issued under this section. If a source submits a timely and complete application for permit issuance (including for renewal), the source's failure to have an operating permit is not a violation of this part until the Division takes final action on the permit application, except as noted in this paragraph. This protection shall cease to apply after a completeness determination made pursuant to Section 30(d)(i)(C), if the applicant fails to submit by the deadline specified in writing by the Division any additional information identified as being needed to process the application.
(iii) Changes for which no permit revision is required.
(A) A source may change operations without a permit revision, as allowed under section 502(b)(10) of the Act and W.S. § 35-11-206(f)(iii), provided that:
(I) The change is not a modification under any provision of title I of the Act and does not violate applicable acid rain requirements under title IV of the Act;
(II) The change has met the requirements of Section 21 and is not a modification under Sections 22 or 24 of the WAQSR and the changes do not exceed the emissions allowed under the permit (whether expressed therein as a rate of emissions or in terms of total emissions); and
(III) The source provides the EPA and the Division with written notification at least fourteen (14) days in advance of the proposed change. The source, the EPA, and the Division shall attach such notice to their copy of the relevant permit.
(1.) For each such change, the written notification required shall include a brief description of the change within the permitted source, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change.
(2.) The permit shield described in Section 30(k) shall not apply to any change made pursuant to Section 30(d)(iii)
(A) Permits being renewed are subject to the same procedural requirements, including those for public participation, and affected State and EPA review, that apply to initial permit issuance.
(B) Permit expiration terminates the source's right to operate unless a timely and complete renewal application has been submitted consistent with Sections 30(d)(ii) and 30(c)(i)(C).
(A) An 'administrative permit amendment' is a permit revision that can accomplish one or more of the following changes:
(I) Corrects typographical errors;
(II) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;
(III) Requires more frequent monitoring or reporting by the permittee;
(IV) Allows for a change in ownership or operational control of a source where the Division determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage and liability between the current and new permittees has been submitted to the Division;
(V) Incorporates into the operating permit the requirements from preconstruction review permits issued pursuant to Sections 21 and 24 of the WAQSR, provided that the process for issuing the preconstruction permit meets procedural requirements substantially equivalent to those that would be applicable under Section 30(d) and (e) if the change were subject to review as an operating permit modification, and that the permit meets compliance requirements substantially equivalent to those of Section 30(h); or
(VI) Incorporates any other type of change which the EPA has determined as part of the approved operating permit program to be similar to Sections 30(d)(v)(A)(I) through (V) above.
(B) Administrative permit amendments for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under title IV of the Act.
(C) An administrative permit amendment may be made by the Division consistent with the following:
(I) The Division shall take final action on a request for an administrative permit amendment within 60 days from the receipt of the request, and may incorporate such changes without providing notice to the public or affected States provided that it designates any such permit revisions as having been made pursuant to this paragraph.
(II) The Division shall submit a copy of the revised permit to the EPA.
(III) The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.
(D) The Division may, upon taking final action granting a request for an administrative permit amendment, allow coverage by the permit shield in Section 30(k) for administrative permit amendments made pursuant to Section 30(d)(v)(A)(V) which meet the relevant requirements of Sections 30(d), 30(h), and 30(e) for significant permit modifications.
(vi) Permit modification. A permit modification is any revision to an operating permit which can not be accomplished as an administrative permit amendment under Section 30(d)(v). A permit modification for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under title IV of the Act.
(A) Minor permit modification procedures.
(I) Criteria.
(1.) Minor permit modification procedures shall be used only for those permit modifications that:
a. do not violate any applicable requirement;
b. do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit;
c. do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;
d. do not seek to change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed in order to avoid an otherwise applicable requirement. Such terms and conditions include:
1. A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of title I of the Act;
2. An alternative emissions limit approved pursuant to regulations promulgated under section 112(i)(5) of the Act concerning early reductions of hazardous air pollutants; and
3. A federally enforceable emissions cap assumed to avoid being subject to provisions of this Section pursuant to Section 30(m) regarding synthetic minors.
e. are not modifications under any provision of title I of the Act; and
f. are not required to be processed as a significant modification.
(2.) Notwithstanding Sections 30(d)(vi)(A) and 30(d)(vi)(B), minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor permit modification procedures are explicitly provided for in the implementation plan.
(3.) Qualifying for a minor permit modification under this section does not relieve a source of its responsibility to obtain a modification permit under the preconstruction permit requirements of Section 21 of the WAQSR.
(II) Application. An application requesting the use of minor permit modification procedures shall meet the requirements of Section 30(c)(ii) and shall include the following:
(1.) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;
(2.) The source's suggested draft permit;
(3.) Certification by a responsible official, consistent with Section 30(c)(iv), that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and
(4.) Completed forms for the Division to use to notify the EPA and affected States as required under Section 30(e).
(III) EPA and affected State notification. Within 5 working days of receipt of a complete permit modification application, the Division shall meet its obligation under Sections 30(e)(i)(A) and 30(e)(ii)(A) to notify the EPA and affected States of the requested permit modification. The Division shall promptly send any notice required under Section 30(e)(ii)(B) to the EPA.
(IV) Timetable for issuance. The Division may not issue a final minor permit modification until after the EPA's 45-day review period or until EPA has notified the Division that EPA will not object to issuance of the permit modification, whichever is first, although the Division can approve the permit modification prior to that time. Within 90 days of the Division's receipt of an application under minor permit modification procedures or 15 days after the end of the EPA's 45-day review period under Section 30(e)(ii)(D), whichever is later, the Division shall:
(1.) Issue the permit modification as proposed;
(2.) Deny the permit modification application;
(3.) Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or
(4.) Revise the draft permit modification and transmit to the EPA the new proposed permit modification as required by Section 30(e)(i).
(V) Source's ability to make change.
(1.) The Division will allow the source to make the change proposed in its minor permit modification application immediately after it files such application. After the source makes the change allowed by the preceding sentence, and until the Division takes any of the actions specified in Sections 30(d)(vi)(A)(IV)(1.) through (3.), the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time period, the source need not comply with the existing permit terms and conditions it seeks to modify. However, if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it.
(VI) Permit shield. The permit shield under Section 30(k) does not extend to minor permit modifications.
(B) Group processing of minor permit modifications. The Division may process groups of a source's applications for certain modifications eligible for minor permit modification processing.
(I) Criteria. Group processing of modifications may be used only for those permit modifications:
(1.) That meet the criteria for minor permit modification procedures under Section 30(d)(vi)(A)(I)(1.); and
(2.) That are collectively below a threshold of 10 percent of the emissions allowed under the permit for the emissions unit for which the change is requested, 20 percent of the applicable definition of major source in Section 30(b), or 5 tons per year, whichever is least.
(II) Application. An application requesting the use of group processing procedures shall meet the requirements of Section 30(c)(ii) and shall include the following:
(1.) A description of the change, the emission resulting from the change, and any new applicable requirements that will apply if the change occurs.
(2.) The source's suggested draft permit.
(3.) Certification by a responsible official, consistent with Section 30(c)(iv) that the proposed modification meets the criteria for use of group processing procedures and a request that such procedures be used.
(4.) A list of the source's other pending applications awaiting group processing, and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold levels of this part.
(5.) Certification, consistent with Section 30(c)(iv), that the source has notified EPA of the proposed modification. Such notification need only contain a brief description of the requested modifications.
(6.) Completed forms for the Division to use to notify the EPA and affected States as required under Section 30(e).
(III) EPA and affected State notification. On a quarterly basis or within 5 business days of receipt of an application demonstrating that the aggregate of a source's pending applications equals or exceeds the threshold level of this part, whichever is earlier, the Division shall meet its obligation under Sections 30(e)(i)(a) and 30(e)(ii)(a) to notify the EPA and affected States of the requested permit modifications. The Division shall send any notice required under Section 30(e)(ii)(B) to the EPA.
(IV) Timetable for issuance. The provisions of Section 30(d)(vi)(A)(IV) shall apply to modifications eligible for group processing, except that the Division shall take one of the actions specified in Sections 30(d)(vi)(A)(IV)(1.) through (4.) within 180 days of receipt of the application or 15 days after the end of the EPA's 45-day review period, whichever is later.
(V) Source's ability to make change. The provisions of Section 30(d)(vi)(A)(V) apply to modifications eligible for group processing.
(VI) Permit shield. The permit shield under Section 30(k) does not extend to modifications eligible for group processing.
(I) Criteria. Significant modification procedures shall be used for applications requesting permit modifications that do not qualify as minor permit modifications or as administrative amendments. Every significant change in existing monitoring permit terms or conditions and every relaxation of reporting or recordkeeping permit terms or conditions shall require a permit modification under this paragraph. Nothing herein shall be construed to preclude the permittee from making changes consistent with this section that would render existing permit compliance terms and conditions irrelevant.
(II) Significant permit modifications shall meet all requirements of this section including those for applications, public participation, review by affected States, and review by EPA, as they apply to permit issuance and permit renewal. The Division shall complete review on the majority of significant permit modifications within 9 months after receipt of a complete application.
(A) Every operating permit issued shall contain provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit shall be reopened and revised under any of the following conditions:
(I) Additional applicable requirements under the Act or the WAQSR become applicable to a major source subject to Section 30 with a remaining permit term of 3 or more years. Such reopening shall be completed not later than 18 months after promulgation of the applicable requirement. No reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended.
(II) Additional requirements (including excess emissions requirements) become applicable to an affected source under the acid rain program. Upon approval of the EPA, excess emissions offset plans shall be deemed to be incorporated into the permit.
(III) The Division or the EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.
(IV) The Division or the EPA determines that the permit must be revised or revoked to assure compliance with applicable requirements.
(B) Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.
(C) Reopenings under Section 30(d)(vii)(A) shall not be initiated before a notice of such intent is provided to the source by the Division at least 30 days in advance of the date that the permit is to be reopened, except that the Division may provide a shorter time period in the case of an emergency.
(A) If the EPA finds that cause exists to terminate, modify or revoke and reissue a permit pursuant to Section 30(d)(vii), the EPA will notify the Division and the permittee of such finding in writing.
(B) The Division shall, within 90 days after receipt of such notification, forward to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. The EPA may extend this 90-day period for an additional 90 days if a new or revised permit application is necessary or if the Division must require the permittee to submit additional information.
(C) The EPA shall review the proposed determination from the Division within 90 days of receipt.
(D) The Division shall have 90 days from receipt of an EPA objection to resolve the objection and to terminate, modify or revoke and reissue the permit in accordance with the EPA's objection.
(E) If the Division fails to submit a proposed determination or fails to resolve any EPA objection, the EPA will terminate, modify, or revoke and reissue the permit after taking the following actions:
(I) Providing at least 30 day's notice to the permittee in writing of the reasons for any such action; and
(II) Providing the permittee an opportunity for comment on the EPA's proposed action and an opportunity for a hearing.
(ix) Public Participation. Except for modification qualifying for minor permit modification procedures, all permit proceedings, including initial permit issuance, significant modifications, and renewals, shall provide procedures for public notice including offering an opportunity for public comment and a hearing on the draft permit. These procedures shall include the following:
(A) Notice shall be given by publication in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice; to persons on a mailing list developed by the Division, including those who request in writing to be on the list; and by other means if necessary to assure adequate notice to the affected public;
(B) The notice shall identify the affected source; the name and address of the permittee; the name and address of the Division; the activity or activities involved in the permit action; the emissions change involved in any permit modification; the name, address, and telephone number of a person from whom interested persons may obtain additional information, including copies of the permit draft, the application, all relevant supporting materials, and all other materials available to the Division that are relevant to the permit decision; a brief description of the comment procedures; and the time and place of any hearing that may be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled);
(C) The Division shall provide such notice and opportunity for participation by affected States as provided in Section 30(e);
(D) Timing. The Division shall provide for a 30 day period for public comment and shall give notice of any public hearing at least 30 days in advance of the hearing.
(E) The Division shall keep a record of the commenters and also of the issues raised during the public participation process so that the EPA may fulfill its obligation under section 505(b)(2) of the Act to determine whether a citizen petition may be granted, and such records shall be available to the public.
(e) Permit review by the Environmental Protection Agency and affected States.
(A) The Division shall provide a copy of the permit application (including the compliance plan) directly to the EPA, or the Division may require that the applicant requiring a permit under this Section submit a copy of the application directly to the EPA.
(B) The Division shall provide to the Administrator of the EPA a copy of each proposed permit and each final operating permit.
(C) The Division shall keep all records associated with applications and permits under this Section for a period of five years.
(A) The Division shall give notice of each draft permit to any affected State at the time notice is provided to the public under Section 30(d)(ix), except to the extent Section 30(d)(vi)(A) allows the time of the notice to be different for minor permit modification procedures.
(B) The Division, as part of the submittal of the proposed permit to the EPA, or for a minor permit modification procedure, as soon thereafter as possible, shall notify the EPA and any affected State in writing of any refusal to accept all recommendations for the proposed permit that the affected State submitted during the public comment period. The notice shall include the Division's reasons for not accepting any such recommendation. The Division is not required to accept recommendations that are not based on applicable requirements or the requirements of this section.
(I) No permit shall be issued if the Administrator of the EPA objects to its issuance in writing within 45 days of receipt of the proposed permit and all necessary supporting information.
(II) Any EPA objection under Section 30(e)(ii)(C) shall include a statement of reasons for the objection and a description of the terms and conditions that the permit must include to respond to the objections. The EPA shall provide the permit applicant with a copy of the objection.
(III) Failure of the Division to do any of the following shall also constitute grounds for an objection:
(1.) Comply with Sections 30(e)(i)(A) and (B), and Sections 30(e)(ii)(A) and (B);
(2.) Submit any information necessary to adequately review the proposed permit; or (3.) Process the permit under the procedures approved to meet the public participation requirements of Section 30(d)(ix) except for minor permit modifications.
(IV) If the Division fails, within ninety (90) days after the date of an objection under Section 30(e)(ii)(C), to revise and submit a proposed permit in response to the objection, the EPA will issue or deny the permit in accordance with the requirements of the federal program promulgated under title V of the Act.
(D) Public petitions to the EPA. If the EPA does not object in writing under paragraph (C) of this subsection, any person may petition the EPA within 60 days after the expiration of the 45 day review period to make such an objection. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in Section 30(d)(ix), unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. If the EPA objects to the permit as a result of a petition filed under this paragraph, the Division shall not issue the permit until the EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45 day review period and prior to the EPA objection. If a permit has been issued, the Division may thereafter issue only a revised permit that satisfies the EPA objection. In any case, the source will not be in violation of the requirement to have submitted a timely and complete application.
(E) No operating permit (including a permit renewal or revision) will be issued until affected States and EPA have had an opportunity to review the proposed permit as required under this Section.
(i) Fee requirement. Any source required to obtain a permit under this section shall, as a condition of continued operation, submit an annual fee to the Department.
(ii) Fee payment. The Department shall give written notice of the amount of fee to be assessed and the basis for such fee assessment to the owner or operator of the source annually. The assessed fee is due on receipt of the notice unless the fee assessment is appealed pursuant to W.S. § 35-11-211(d). If any part of the fee assessment is not appealed it shall be paid to the Department on receipt of the written notice. Any remaining fee which may be due after completion of the appeal is immediately due and payable upon issuance of the council's decision.
(A) Fees shall be assessed annually for each operating source, based on emissions of each regulated pollutant in an amount sufficient to cover all reasonable direct and indirect costs of the Department in developing, implementing and administering the operating permit program of this section, including the Department's Small Business Assistance Program. The permit fee will cover all reasonable direct and indirect program costs including cost of:
(I) Reviewing and acting on permit applications, permit renewals, permit reopenings, and permit revisions;
(II) Implementing and enforcing the terms and conditions of a permit (not including any court costs or other costs associated with any enforcement action) which include but is not limited to the following:
(1.) source inspections including the witnessing and review of stack emission tests;
(2.) Ambient monitoring data review and reporting;
(3.) Continuous emission monitoring (CEM) reports and data review;
(4.) Complaint investigations;
(5.) Special purpose monitoring;
(6.) Ambient and CEM systems audits;
(7.) EPA reporting and data entry;
(III) Emissions and ambient monitoring;
(IV) Regulation preparation and guidance;
(V) Modeling analyses and demonstrations;
(VI) Preparing emission and source inventories and tracking emissions;
(VII) Fee assessment, billing and fiscal management;
(VIII) All other permit related functions performed by the Department;
(IX) Development and administration of Department Small Business Assistance Program; and
(X) Informational management activities.
(B) Exclusions.
(I) No fee will be assessed for emissions of a regulated pollutant in excess of 4000 tons per year at a source.
(II) For purposes of fee assessment, only under this section, the term 'regulated pollutant' shall not include carbon monoxide, asbestos as regulated in Section 29 of the WAQSR, residential wood smoke as regulated under Section 22, Subpart AAA, or any substance which would be regulated only because it is listed or regulated under section 112(r) of the Act, prevention of accidental releases for hazardous air pollutants.
(III) Fugitive emissions of total suspended particulate matter (TSP) emissions, provided however, that portion of TSP which is PM10 particulate matter will be estimated and assessed fees.
(A) Fees for individual sources shall be computed by multiplying the total annual emissions, in tons up to a maximum of 4000 tons per year of each regulated pollutant emitted by the source, by the dollar per ton fee calculated as follows:
$$x = F \div T$$
Where: x = dollars per ton of emissions for each regulated pollutant emitted.
F = total annual fee target.
T = total number of tons state-wide of all regulated pollutants listed in the most recent annual emissions inventory for all sources subject to this section.
(B) Annual fee target. The annual fee target shall be computed as follows:
$$\text{Annual fee target (F)} = (LA - NSR) \div 2$$
Where: LA = The amount of funds appropriated from
the permit fee fund by the legislature for the operation and implementation of the construction and modification permit programs and the operating permit program for a two year period. This appropriation includes any carry over in the fund from previous budget periods.
NSR = Projected costs of reviewing and
issuing construction and modification permits under the Division's new source review program pursuant to Section 21 and 24 of the WAQSR for the two year budget period.
(C) Individual source fees shall be the greater of fees calculated pursuant to Section 30(f)(iv)(A) or $500.00.
(D) A fee of $250.00 shall be required for the operation of a temporary source at each new location.
(E) Any affected unit which is utilized in an EPA approved Phase I substitution plan under section 404 of the Act during the years of 1995-1999 (inclusive) shall be subject to an annual fee of $35,000, in lieu of a fee based on actual emissions under Section 30(d)(v), for each year that it participates in such a substitution plan for the purpose of covering the portion of direct and indirect costs described in Section 30(d)(iii)(A) attributed to administrating the program for those affected units.
(A) Actual emissions for purposes of assessing fees are, in order of decreasing accuracy:
(I) Emissions measured by a continuous emissions monitoring system (CEMS) that converts pollutant concentrations to mass emission rates and that meets the requirements for CEMS installation, operation, and certification of the WAQSR or any regulation promulgated by EPA under the Act. Actual emissions are the total emissions measured by the CEMS for the year plus estimated emissions during times when the CEMS was not operational.
(II) Emissions measured by periodic stack emission tests which have been accepted by the Division as being representative of normal source operation. Actual emissions are the hourly emission rates multiplied by the annual hours of operation.
(III) Emissions estimated by the utilization of data from the manufacturer of an internal combustion engine or turbine. Actual emissions are the hourly emission rates multiplied by the annual hours of operation.
(IV) Emissions estimated by utilization of the EPA document AP-42, 'Compilation of Air Pollutant Emission Factors', or Division approved source specific emission factors. Actual emissions are the hourly emission rates multiplied by the annual hours of operation.
(B) The methodology selected for the determination of actual emissions for fee assessment by the Division shall be equivalent to methods specified in any Section 21 permit that the source may hold for initial applications applied for under this section, or emissions as verified by methods prescribed in a permit issued under this section. Actual emissions for sources for which no permit has previously been issued or for which no method has been prescribed in the permit shall be determined by the Division utilizing the most accurate method available as enumerated above under Section 30(f)(v)(A).
(C) Actual emissions may, at the source's choice, be presumed to be allowable emissions as determined by applicable requirements (standards and regulations) or by permit unless there is evidence that actual emissions are in excess of allowable emissions.
(D) Particulate emissions: Until such time as continuous measurement of particulate mass emission rates from stacks becomes available or required, particulate mass emission rates for purposes of fee assessment will be based on allowable emission rates.
(E) Fugitive emission rates, for purposes of fee assessment, will be determined by EPA AP-42 emission factors, or by Division approved emission factors, in the case of emissions from surface coal mines and other similar sources of fugitive dust emissions. The use of alternative emission factors which are source specific must be well documented and approved for use by the Division prior to the date on which emission inventories are due to be submitted to the Division.
(F) Emissions in excess of applicable requirements or permit limits due to equipment malfunction and/or failure, or process start-up and shutdowns, to the extent that such emissions are quantifiable through recognized engineering calculations or emissions and process monitoring, shall be included in source emission inventories and assessed a fee.
(G) Fees shall be assessed against owners or operators of sources applying for any permit under this section and annually thereafter for the duration of the permit. Emission inventories for sources subject to this section shall be submitted to the Division for fee assessment and compliance determinations within sixty (60) days following the end of the calendar year.
(I) During the initial year of the operating permit program, sources required to apply for a permit under this section shall be assessed fees which include operations for the calendar year 1994.
(II) Fees shall be based on calendar year source operations.
(III) New sources applying for initial permits under this section shall pay a fee based on emissions occurring since the commencement of operation for the previous calendar year and annually thereafter.
(vi) Failure to pay fees. Failure to pay fees owed the Department is a violation of this section and W.S. § 35-11-203 and may be cause for the revocation of any permit issued to the source.
(i) Any source operated or owned by a business which qualifies as a small business under the Department Small Business Assistance Program may apply for assistance in complying with the requirements of this Section.
(i) Standard permit requirements. Each permit issued under this section shall include the following elements:
(A) Emission limitations and standards, including those operational requirements and limitations that are applied to assure compliance with all applicable requirements at the time of permit issuance.
(I) The permit shall specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based.
(II) The permit shall state that, where an applicable requirement of the Act is more stringent than any applicable requirement of regulations promulgated under title IV of the Act, both provisions shall be incorporated into the permit and shall be enforceable by the EPA and the Division.
(III) In addition to the requirements in Section 30(h)(i)(A)(I) and (II), the permit shall include emission limitations and standards which are a part of the WAQSR and are more stringent than those of any requirements of the Act. However, such requirements shall not be federally enforceable.
(B) Permit duration. The Division shall issue permits for a fixed term of five years for all sources except in such circumstances as provided in W.S. § 35-11-206(f)(i), where a permit may be issued for a shorter term.
(C) Monitoring and related recordkeeping and reporting requirements.
(I) Each permit shall contain the following requirements with respect to monitoring:
(1.) All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to title IV and sections 504(b) or 114(a)(3) of the Act;
(2.) Where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit, as reported pursuant to Section 30(h)(i)(C)(III). Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph; and
(3.) As necessary, requirements concerning the use, maintenance, and, when appropriate, installation of monitoring equipment or methods.
(II) With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where applicable, the following:
(1.) Records of monitoring information that include the following:
a. The date, place as defined in the permit, and time of sampling or measurements;
b. The date(s) the analyses were performed;
c. The company or entity that performed the analyses;
d. The analytical techniques or methods used;
e. The results of such analyses; and
f. The operating conditions as they existed at the time of sampling or measurement.
(2.) Retention of records of all monitoring data and support information for a period of at least five years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.
(III) With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the following:
(1.) Submittal of reports of any required monitoring at least every six months. All instances of deviations from permit requirements must be clearly identified in such reports. All required reports must be certified by a responsible official consistent with Section 30(c)(iv).
(2.) Prompt reporting of deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. The Division shall define 'prompt' in relation to the degree and type of deviation likely to occur and the applicable requirements.
(IV) To meet the requirements of title IV of the Act, for affected sources under the acid rain program, the permit shall incorporate all provisions for monitoring, recordkeeping, and reporting promulgated in 40 C.F.R. Part 75.
(D) A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under title IV of the Act or the regulations promulgated thereunder.
(I) No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a permit revision under any other applicable requirement.
(II) No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense for noncompliance with any other applicable requirement.
(III) Any such allowance shall be accounted for according to the procedures established in regulations promulgated under title IV of the Act.
(E) A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portion(s) of the permit.
(F) Provisions stating the following:
(I) Duty to comply. The permittee must comply with all conditions of the operating permit. Any permit noncompliance constitutes a violation of the Act, Article 2 of the Wyoming Environmental Quality Act and the WAQSR and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.
(II) Need to halt or reduce activity is not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.
(III) Permit actions. The permit may be modified, revoked, reopened, and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition.
(IV) Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege.
(V) Duty to provide information. The permittee shall furnish to the Division, within a reasonable time, any information that the Division may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the Division copies of records required to be kept by the permit, including information claimed and shown to be confidential under Section 35-11-1101(a) of the Wyoming Environmental Quality Act. Upon request by the Division, the permittee shall also furnish confidential information directly to EPA along with a claim of confidentiality.
(G) A provision to ensure that any source under this section pays fees to the Division consistent with Section 30(f) and the fee schedule developed by the Division and approved by the joint appropriations committee of the Wyoming State Legislature.
(H) Emissions trading. A provision stating that no permit revision shall be required, under any approved economic incentives, marketable permits, emissions trading and other similar programs or processes for changes that are provided for in the permit.
(I) Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as approved by the Division. Such terms and conditions:
(I) Shall require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted source a record of the scenario under which it is operating;
(II) May extend the permit shield described in Section 30(k) to all terms and conditions under each such operating scenario; and
(III) Must ensure that the terms and conditions of each such alternative scenario meet all applicable requirements and the requirements of this section.
(J) Terms and conditions, if the permit applicant requests them, for the trading of emissions increases and decreases in the permitted source, to the extent that the applicable requirements, including the State implementation plan, provide for trading such increases and decreases without a case-by-case approval of each emissions trade. Such terms and conditions:
(I) Shall include all terms required under Sections 30(h)(i) and (iii) to determine compliance;
(II) May extend the permit shield described in Section 30(k) to all terms and conditions that allow such increases and decreases in emissions; and
(III) Must meet all applicable requirements and requirements of this section.
(A) All terms and conditions in an operating permit under this section, including any provisions designed to limit a source's potential to emit, are enforceable by the EPA and citizens under the Act.
(B) Notwithstanding paragraph (A) above, the Division shall specifically designate as not being federally enforceable under the Act any terms and conditions included in the permit that are not required under the Act or any regulations promulgated thereunder.
(iii) Compliance requirements. All operating permits under this section shall contain the following elements with respect to compliance:
(A) Consistent with Section 30(h)(i)(C), compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document (including reports) required by an operating permit under this section shall contain a certification by a responsible official that meets the requirements of Section 30(c)(iv).
(B) Inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow the Division or an authorized representative to perform the following:
(I) Enter upon the permittee's premises where a source is located or emissions related activity is conducted, or where records must be kept under the conditions of the permit.
(II) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit.
(III) Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit.
(IV) As authorized by the Act, sample or monitor, at reasonable times, any substances or parameters for the purpose of assuring compliance with the permit or applicable requirements.
(C) A schedule of compliance consistent with Section 30(c)(ii)(A)(VIII).
(D) Progress reports consistent with an applicable schedule of compliance and Section 30(c)(ii)(A)(VIII) to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the Division. Such progress reports shall contain the following:
(I) Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones or compliance were achieved; and
(II) An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.
(E) Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following:
(I) The frequency (not less than annually or such more frequent period as specified in the applicable requirement or by the Division) of submissions of compliance certifications;
(II) A means for assessing or monitoring the compliance of the source with its emissions limitations, standards, and work practices;
(III) A requirement that the compliance certification include the following:
(1.) The identification of each term or condition of the permit that is the basis of the certification;
(2.) The compliance status;
(3.) Whether compliance was continuous or intermittent;
(4.) The method(s) used for determining the compliance status of the source, currently and over the reporting period consistent with Section 30(h); and
(5.) Such other facts as the Division may require to determine the status of the source;
(IV) A requirement that all compliance certifications be submitted to the EPA as well as to the Division; and
(V) Such additional requirements as may be specified pursuant to section 114(a)(3) and 504(b) of the Act.
(F) Such other provisions as the Division may require.
(i) Issuance. The Division may, after notice and opportunity for public comment and hearing pursuant to Section 30(d)(ix), issue a general permit covering numerous similar sources. Any general permit shall comply with all requirements applicable to other operating permits under this section and shall identify criteria by which sources may qualify for the general permit. To sources that qualify, the Division shall grant the conditions and terms of the general permit. Notwithstanding the shield provisions of Section 30(k), the source shall be subject to enforcement action for operation without an operating permit under this section if the source is later determined not to qualify for the conditions and terms of the general permit. General permits shall not be authorized for affected sources under the acid rain program unless otherwise provided in regulations promulgated under title IV of the Act.
(ii) Application. Sources under this section that would qualify for a general permit must apply to the Division for coverage under the terms of the general permit or must apply for an operating permit consistent with Section 30(c). The Division may provide for general permit applications which deviate from the requirements of Section 30(c) provided that such applications meet the requirements of title V of the Act and include all information necessary to determine qualification for, and to assure compliance with, the general permit. The Division may grant a source's request for authorization to operate under a general permit without repeating the notice and comment procedures required under Section 30(d)(ix), but such issuance shall not be a final action for purposes of judicial review.
(j) Temporary sources (portable sources). The Division may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. The operations must be temporary and involve at least one change of location during the term of the permit. No affected source shall be permitted as a temporary source. Permits for temporary sources shall include the following:
(i) Conditions that will assure compliance with all applicable requirements at all authorized locations;
(ii) Requirements that the owner or operator notify the Division at least ten days in advance of each change in location; and
(iii) Conditions that assure compliance with all other provisions of this section.
(i) Except as provided in this part, the Division may expressly include in an operating permit under this section a provision stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that:
(A) Such applicable requirements are included and are specifically identified in the permit; or
(B) The Division, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the permit includes the determination or a concise summary thereof.
(ii) An operating permit under this section that does not expressly state that a permit shield exists shall be presumed not to provide such a shield.
(iii) Nothing in this paragraph or in any operating permit under this section shall alter or affect the following:
(A) The provisions of section 303 of the Act (emergency orders), including the authority of the EPA under that section.
(B) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance.
(C) The applicable requirements of the acid rain program, consistent with section 408(a) of the Act.
(D) The ability of the EPA to obtain information from a source pursuant to section 114 of the Act, or the Division to obtain information pursuant to Section 35-11-110 of the Wyoming Environmental Quality Act.
(i) Definition. An 'emergency' means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.
(ii) Effect of an emergency. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of the following paragraph (1)(iii) are met.
(iii) Affirmative defense. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that:
(A) An emergency occurred and that the permittee can identify the cause(s) of the emergency;
(B) The permitted source was at the time being properly operated;
(C) During the period of the emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; and
(D) The permittee submitted notice of the emergency to the Division within one working day of the time when emission limitations were exceeded due to the emergency. This notice fulfills the requirement of Section 30(h)(i)(C)(III)(2.). This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.
(iv) Enforcement. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.
(v) Scope. This provision is in addition to any emergency or upset provision contained in any applicable requirement.
(i) Applicability. A source may apply under this section for a permit or for a condition to a permit to limit emissions below any threshold level which would otherwise subject the source to an applicable requirement or to the provisions of this section utilizing the source's potential to emit. With respect to a condition or permit so issued, the source will not have to comply with the other provisions of this section with the exception of the following:
(A) The payment of a fee based on tons of emissions emitted pursuant to the fee schedule developed under Section 30(f);
(B) The emissions limit specified in the permit shall be federally enforceable and enforceable by the Division; and
(C) Compliance with any applicable requirements specified in the permit or elsewhere in the WAQSR.
(ii) Use of general permits. General permits issued in accordance with Section 30(i) may be utilized by the Division to permit numerous similar synthetic minor sources.
(iii) Use of Section 21 permit. A source may apply for a permit under Section 21 of the WAQSR to qualify as a synthetic minor, provided the permit is federally enforceable.
(a) Definitions. Terms used but not defined in this subpart shall have the meaning given them by the CAA, titles 23 and 49 U.S.C., other Environmental Protection Agency (EPA) regulations, or other DOT regulations, in that order of priority.
(i) 'Applicable implementation plan' is defined in §302(q) of the CAA and means the portion (or portions) of the implementation plan, or most recent revision thereof, which has been approved under §110, or promulgated under §110(c), or promulgated or approved pursuant to regulations promulgated under §301(d) and which implements the relevant requirements of the CAA.
(ii) 'CAA' means the Clean Air Act, as amended.
(iii) 'Cause or contribute to a new violation' for a project means:
(A) To cause or contribute to a new violation of a standard in the area substantially affected by the project or over a region which would otherwise not be in violation of the standard during the future period in question, if the project were not implemented, or
(B) To contribute to a new violation in a manner that would increase the frequency or severity of a new violation of a standard in such area.
(iv) 'Control strategy implementation plan revision' is the applicable implementation plan which contains specific strategies for controlling the emissions of and reducing ambient levels of pollutants in order to satisfy CAA requirements for demonstrations of reasonable further progress and attainment (CAA §§182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 189(a)(1)(B), and 189(b)(1)(A); and §§192(a) and 192(b), for nitrogen dioxide).
(v) 'Control strategy period' with respect to particulate matter less than 10 microns in diameter (PM10), carbon monoxide (CO), nitrogen dioxide (NO2), and/or ozone precursors (volatile organic compounds and oxides of nitrogen), means that period of time after EPA approves control strategy implementation plan revisions containing strategies for controlling PM10, NO2, CO, and/or ozone, as appropriate. This period ends when a State submits and EPA approves a request under §107(d) of the CAA for redesignation to an attainment area.
(vi) 'Design concept' means the type of facility identified by the project, e.g., freeway, expressway, arterial highway, grade-separated highway, reserved right-of-way rail transit, mixed-traffic rail transit, exclusive busway, etc.
(vii) 'Design scope' means the design aspects which will affect the proposed facility's impact on regional emissions, usually as they relate to vehicle or person carrying capacity and control, e.g., number of lanes or tracks to be constructed or added, length of project, signalization, access control including approximate number and location of interchanges, preferential treatment for high-occupancy vehicles, etc.
(viii) 'Division' means the Air Quality Division of the Department of Environmental Quality.
(ix) 'DOT' means the United States Department of Transportation.
(x) 'EPA' means the Environmental Protection Agency.
(xi) 'FHWA' means the Federal Highway Administration of DOT.
(xii) 'FHWA/FTA project' for the purpose of this subpart, is any highway or transit project which is proposed to receive funding assistance and approval through the Federal-Aid Highway program or the Federal mass transit program, or requires Federal Highway Administration (FHWA) or Federal Transit Administration (FTA) approval for some aspect of the project, such as connection to an interstate highway or deviation from applicable design standards on the interstate system.
(xiii) 'FTA' means the Federal Transit Administration of DOT.
(xiv) 'Forecast period' with respect to a transportation plan is the period covered by the transportation plan pursuant to 23 CFR part 450.
(xv) 'Highway project' is an undertaking to implement or modify a highway facility or highway-related program. Such an undertaking consists of all required phases necessary for implementation. For analytical purposes, it must be defined sufficiently to:
(A) connect logical termini and be of sufficient length to address environmental matters on a broad scope;
(B) have independent utility or significance, i.e., be usable and be a reasonable expenditure even if no additional transportation improvements in the area are made; and
(C) not restrict consideration of alternatives for other reasonably foreseeable transportation improvements.
(xvi) 'Horizon year' is a year for which the transportation plan describes the envisioned transportation system according to Section 31(f).
(xvii) 'Hot-spot analysis' is an estimation of likely future localized CO and PM2.5 pollutant concentrations and a comparison of those concentrations to the national ambient air quality standards. Pollutant concentrations to be estimated should be based on the total emissions burden which may result from the implementation of a single, specific project, summed together with future background concentrations (which can be estimated using the ratio of future to current traffic multiplied by the ratio of future to current emission factors) expected in the area. The total concentration must be estimated and analyzed at appropriate receptor locations in the area substantially affected by the project. Hot-spot analysis assesses impacts on a scale smaller than the entire nonattainment or maintenance area, including, for example, congested roadway intersections and highways or transit terminals, and uses an air quality dispersion model to determine the effects of emissions on air quality.
(xviii) 'Incomplete data area' area means any ozone nonattainment area which EPA has classified, in 40 CFR part 81, as an incomplete data area.
(xvix) 'Increase the frequency or severity' means to cause a location or region to exceed a standard more often or to cause a violation at a greater concentration than previously existed and/or would otherwise exist during the future period in question, if the project were not implemented.
(xx) 'ISTEA' means the Intermodal Surface Transportation Efficiency Act of 1991.
(xxi) 'Maintenance area' means any geographic region of the United States previously designated nonattainment pursuant to the CAA Amendments of 1990 and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan under §175A of the CAA, as amended.
(xxii) 'Maintenance period' with respect to a pollutant or pollutant precursor means that period of time beginning when a State submits and EPA approves a request under §107(d) of the CAA for redesignation to an attainment area, and lasting for 20 years, unless the applicable implementation plan specifies that the maintenance period shall last for more than 20 years.
(xxiii) 'Metropolitan planning organization (MPO)' is that organization designated as being responsible, together with the State, for conducting the continuing, cooperative, and comprehensive planning process under 23 U.S.C. 134 and 49 U.S.C. 1607. It is the forum for cooperative transportation decision-making.
(xxiv) 'Milestone' has the meaning given in §182(g)(1) and §189(c) of the CAA. A milestone consists of an emissions level and the date on which it is required to be achieved.
(xxv) 'Motor vehicle emissions budget' is that portion of the total allowable emissions defined in a revision to the applicable implementation plan (or in an implementation plan revision which was endorsed by the Governor or his or her designee, subject to a public hearing, and submitted to EPA, but not yet approved by EPA) for a certain date for the purpose of meeting reasonable further progress milestones or attainment or maintenance demonstrations, for any criteria pollutant or its precursors, allocated by the applicable implementation plan to highway and transit vehicles. The applicable implementation plan for an ozone nonattainment area may also designate a motor vehicle emissions budget for oxides of nitrogen ($\text{NO}_x$) for a reasonable further progress milestone year if the applicable implementation plan demonstrates that this $\text{NO}_x$ budget will be achieved with measures in the implementation plan (as an implementation plan must do for VOC milestone requirements). The applicable implementation plan for an ozone nonattainment area includes a $\text{NO}_x$ budget if $\text{NO}_x$ reductions are being substituted for reductions in volatile organic compounds in milestone years required for reasonable further progress.
(xxvi) 'National ambient air quality standards NAAQS' are those standards established pursuant to §109 of the CAA.
(xxvii) 'NEPA' means the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq).
(xxviii) 'NEPA process completion', for the purposes of this subpart, with respect to FHWA or FTA, means the point at which there is a specific action to make a determination that a project is categorically excluded, to make a Finding of No Significant Impact, or to issue a record of decision on a Final Environmental Impact Statement under NEPA.
(xxix) 'Nonattainment area' means any geographic region of the United States which has been designated as nonattainment under §107 of the CAA for any pollutant for which a national ambient air quality standard exists.
(xxx) 'Not classified area' means any carbon monoxide nonattainment area which EPA has not classified as either moderate or serious.
(xxxi) 'Phase II of the interim period' with respect to a pollutant or pollutant precursor means that period of time after the effective date of this rule, lasting until the earlier of the following:
(A) submission to EPA of the relevant control strategy implementation plan revisions which have been endorsed by the Governor (or his or her designee) and have been subject to a public hearing, or
(B) the date that the Clean Air Act requires relevant control strategy implementation plans to be submitted to EPA, provided EPA has made a finding of the State's failure to submit any such plans and the State, MPO, and DOT have received notice of such finding of the State's failure to submit any such plans. The precise end of Phase II of the interim period is defined in Section 31(bb).
(xxxii) 'Project' means a highway project or transit project.
(xxxiii) 'Recipient of funds designated under title 23 U.S.C. or the Federal Transit Act' means any agency at any level of State, county, city, or regional government that routinely receives title 23 U.S.C. or Federal Transit Act funds to construct FHWA/FTA projects, operate FHWA/FTA projects or equipment, purchase equipment, or undertake other services or operations via contracts or agreements. This definition does not include private landowners or developers, or contractors or entities that are only paid for services or products created by their own employees.
(xxxiv) 'Regionally significant project' means a transportation project (other than an exempt project) that is on a facility which serves regional transportation needs (such as access to and from the area outside of the region, major activity centers in the region, major planned developments such as new retail malls, sports complexes, etc., or transportation terminals as well as most terminals themselves) and would normally be included in the modeling of a metropolitan area's transportation network, including at a minimum all principal arterial highways, all fixed guideway transit facilities that offer an alternative to regional highway travel and any project that the Division identifies as having the potential to affect air quality on a regional basis, after consultation in accordance with Section 31(e).
(xxxv) 'Rural transport ozone nonattainment area' means an ozone nonattainment area that does not include, and is not adjacent to, any part of a Metropolitan Statistical Area or, where one exists, a Consolidated Metropolitan Statistical Area (as defined by the United States Bureau of the Census) and is classified under Clean Air Act §182(h) as a rural transport area.
(xxxvi) 'Standard' means a national ambient air quality standard.
(xxxvii) 'Submarginal area' means any ozone nonattainment area which EPA has classified as submarginal in 40 CFR part 81.
(xxxviii) 'Title 23 U.S.C.' means Title 23 of the United States Code.
(xxxvix) 'Transit' is mass transportation by bus, rail, or other conveyance which provides general or special service to the public on a regular and continuing basis. It does not include school buses or charter or sightseeing services.
(xl) 'Transit project' is an undertaking to implement or modify a transit facility or transit-related program; purchase transit vehicles or equipment; or provide financial assistance for transit operations. It does not include actions that are solely within the jurisdiction of local transit agencies, such as changes in routes, schedules, or fares. It may consist of several phases. For analytical purposes, it must be defined inclusively enough to:
(A) connect logical termini and be of sufficient length to address environmental matters on a broad scope;
(B) have independent utility or independent significance, i.e., be a reasonable expenditure even if no additional transportation improvements in the area are made; and
(C) not restrict consideration of alternatives for other reasonably foreseeable transportation improvements.
(xli) 'Transitional area' means any ozone nonattainment area which EPA has classified as transitional in 40 CFR part 81.
(xlii) 'Transitional period' with respect to a pollutant or pollutant precursor means that period of time which begins after submission to EPA of the relevant control strategy implementation plan which has been endorsed by the Governor (or his or her designee) and has been subject to a public hearing. The transitional period lasts until EPA takes final approval or disapproval action on the control strategy implementation plan submission or finds it to be incomplete. The precise beginning and end of the transitional period is defined in Section 31(bb).
(xliii) 'Transportation control measure (TCM)' is any measure that is specifically identified and committed to in the applicable implementation plan that is either one of the types listed in §108 of the CAA, or any other measure for the purpose of reducing emissions or concentrations of air pollutants from transportation sources by reducing vehicle use or changing traffic flow or congestion conditions. Notwithstanding the above, vehicle technology-based, fuel-based, and maintenance-based measures which control the emissions from vehicles under fixed traffic conditions are not TCMs for the purposes of this subpart.
(xliv) 'Transportation improvement program (TIP)' means a staged, multiyear, intermodal program of transportation projects covering a metropolitan planning area which is consistent with the metropolitan transportation plan, and developed pursuant to 23 CFR part 450.
(xlv) 'Transportation plan' means the official intermodal metropolitan transportation plan that is developed through the metropolitan planning process for the metropolitan planning area, developed pursuant to 23 CFR part 450.
(xlvi) 'Transportation project' is a highway project or a transit project.
(xlv) 'WYDOT' means the Wyoming Department of Transportation.
(b) Applicability.
(i) Action applicability.
(A) Except as provided for in paragraph (iii) of this section or Section 31(hh), conformity determinations are required for:
(I) The adoption, acceptance, approval or support of transportation plans developed pursuant to 23 CFR part 450 or 49 CFR part 613 by an MPO or DOT;
(II) The adoption, acceptance, approval or support of TIPs developed pursuant to 23 CFR part 450 or 49 CFR part 613 by an MPO or DOT; and
(III) The approval, funding, or implementation of FHWA/FTA projects.
(B) Conformity determinations are not required under this rule for individual projects which are not FHWA/FTA projects. However, Section 31(cc) applies to such projects if they are regionally significant.
(A) The provisions of this subpart shall apply in all nonattainment and maintenance areas for transportation-related criteria pollutants for which the area is designated nonattainment or has a maintenance plan.
(B) The provisions of this subpart apply with respect to emissions of the following criteria pollutants: ozone, carbon monoxide, nitrogen dioxide, and particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers ($PM10$).
(C) The provisions of this subpart apply with respect to emissions of the following precursor pollutants:
(I) Volatile organic compounds and nitrogen oxides in ozone areas (unless the Administrator determines under §182(f) of the CAA that additional reductions of $NO_x$ would not contribute to attainment);
(II) Nitrogen oxides in nitrogen dioxide areas; and
(III) Volatile organic compounds, nitrogen oxides, and $PM10$ in $PM10$ areas if:
(1.) During the interim period, the EPA Regional Administrator or the director of the State air agency has made a finding (including a finding as part of an applicable implementation plan or a submitted implementation revision) that transportation-related precursor emissions within the nonattainment area are a significant contributor to the $PM10$ nonattainment problem and has so notified the MPO and DOT; or (2.) During the transitional, control strategy, and maintenance periods, the applicable implementation plan (or implementation plan submission) establishes a budget for such emissions as part of the reasonable further progress, attainment or maintenance strategy.
(A) Projects subject to this regulation for which the NEPA process and a conformity determination have been completed by FHWA or FTA may proceed toward implementation without further conformity determinations if one of the following major steps has occurred within the most recent three year period: NEPA process completion; start of final design; acquisition of a significant portion of the right-of-way; or approval of the plans, specifications and estimates. All phases of such projects which were considered in the conformity determination are also included, if those phases were for the purpose of funding, final design, right-of-way acquisition, construction, or any combination of these phases.
(B) A new conformity determination for the project will be required if there is a significant change in project design concept and scope, if a supplemental environmental document for air quality purposes is initiated, or if no major steps to advance the project have occurred within the most recent three year period.
(c) Priority. When assisting or approving any action with air quality-related consequences, FHWA and FTA shall give priority to the implementation of those transportation portions of an applicable implementation plan prepared to attain and maintain the NAAQS. This priority shall be consistent with statutory requirements for allocation of funds among States or other jurisdictions.
(i) Conformity determinations and conformity redeterminations for transportation plans, TIPs, and FHWA/FTA projects must be made according to the requirements of this section and the applicable implementation plan.
(A) Each new transportation plan must be found to conform before the transportation plan is approved by the MPO or accepted by DOT.
(B) All transportation plan revisions must be found to conform before the transportation plan revisions are approved by MPO or accepted by DOT, unless the revision merely adds or deletes exempt projects listed in Section 31(hh) and has been made in accordance with the notification process provisions of Section 31(e)(iii)(A)(VII). The conformity determination must be based on the transportation plan and the revision taken as a whole.
(C) The existing conformity determination will lapse unless conformity of the existing transportation plans is redetermined:
(I) By May 1, 1995 (Unless previously redetermined in accordance with 40 CFR Part 51 Subpart T); Or
(II) Within 18 months of EPA approval of an implementation plan revision which:
(1.) Establishes or revises a transportation-related emissions budget (as required by CAA §§175A(a), 182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 189(a)(1)(B), and 189(b)(1)(A); and §§192(a) and 192(b), for nitrogen dioxide); or
(2.) Adds, deletes, or changes TCMs; and
(III) Within 18 months of EPA promulgation of an implementation plan which establishes or revises a transportation-related emissions budget or adds, deletes, or changes TCMs.
(D) In any case, conformity determinations must be made no less frequently than every three years, or the existing conformity determination will lapse.
(A) A new TIP must be found to conform before the TIP is approved by the MPO or accepted by DOT.
(B) A TIP amendment requires a new conformity determination for the entire TIP before the amendment is approved by the MPO or accepted by DOT, unless the amendment merely adds or deletes exempt projects listed in Section 31(hh) and has been made in accordance with the notification process provisions of Section 31(e)(iii)(A)(VII).
(C) After an MPO adopts a new or revised transportation plan, conformity must be redetermined by the MPO and DOT within six months from the date of adoption of the plan, unless the new or revised plan merely adds or deletes exempt projects listed in Section 31(hh) and has been made in accordance with the notification process provisions of Section 31(e)(iii)(A)(VII). Otherwise, the existing conformity determination for the TIP will lapse.
(D) In any case, conformity determinations must be made no less frequently than every three years or the existing conformity determination will lapse.
(iv) Projects. FHWA/FTA projects must be found to conform before they are adopted, accepted, approved, or funded. Conformity must be redetermined for any FHWA/FTA project if none of the following major steps has occurred within the most recent three year period: NEPA process
completion; start of final design; acquisition of a significant portion of the right-of-way; or approval of the plans, specifications and estimates.
(i) General. This rule provides procedures for interagency consultation (Federal, State, and local) and resolution of conflicts. Such consultation procedures shall be undertaken by the WYDOT, MPOs and the DOT with the Division and EPA before making conformity determinations, and by the Division and EPA with MPOs, the WYDOT and DOT in developing and revising applicable implementation plans.
(A) Representatives of the MPOs, the Division and the WYDOT shall undertake an interagency consultation process in accordance with this section with each other, with representatives of appropriate cities, towns, and counties and with local or regional offices of EPA, FHWA, and FTA on the development of the implementation plan, the list of TCMs in the applicable implementation plan, the unified planning work program under 23 C.F.R. § 450.314, the transportation plan, the TIP, any revisions to the preceding documents, and all conformity determinations required by this rule.
(B) The agency with the responsibility for a transportation plan, program, project, or applicable implementation plan shall also be responsible for preparing the final document of decision subject to the interagency consultation process and shall be the lead agency. It shall be the affirmative responsibility of the lead agency to initiate the process by notifying other participants, to convene consultation meetings early in the process of decision on the final document, to appoint the conveners of technical meetings, and to assure that all relevant documents and information are supplied to all participants in the consultation process in a timely manner.
(C) Regular consultation on routine activities such as the selection of models or any determination of conformity on transportation project shall include meetings at regular, scheduled quarterly intervals, if determined necessary by the lead agency and shall be on the agenda of at least one meeting attended by representatives at the policy level of each agency. In addition, technical meetings shall be convened as necessary.
(D) Each lead agency in the consultation process required under this section shall confer with all other agencies identified under paragraph (A) with an interest in the document to be developed, provide all information to those agencies needed for meaningful input, and, prior to taking any action, consider the views of each such agency and respond to those views in a timely, substantive written manner prior to any final decision on such document. Such views and written response shall be made part of the record of any decision or action; if any.
(A) An interagency consultation process in accordance with Section 31(e)(ii) involving the MPO, the Division, the WYDOT, EPA, and DOT shall be undertaken for the following:
(I) Evaluating and choosing each model (or models) and associated methods and assumptions to be used in hot-spot analyses and regional emissions analyses, including vehicle miles traveled ('VMT') forecasting, to be initiated by the WYDOT and conducted in accordance with Section 31(e)(ii).
(II) Determining which minor arterials and other transportation projects should be considered 'regionally significant' for the purposes of regional emissions analysis (in addition to those functionally classified as principal arterial or higher or fixed guideway systems or extension that offer an alternative to regional highway travel), and which projects should be considered to have a significant change in design concept and scope from the transportation plan of TIP, to be initiated by the WYDOT and conducted in accordance with Section 31(e)(ii).
(III) Evaluate whether projects otherwise exempted from meeting the requirements of this section should be treated as non-exempt in cases where potential adverse emissions impacts may exist for any reason, to be initiated by the Division and conducted in accordance with Section 31(e)(ii).
(IV) Make a determination, as required by Section 31(m)(iii)(A), whether past obstacles to implementation of TCMs which are behind the schedule established in the applicable implementation plan have been identified and are being overcome, and whether State and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding for TCMs, to be initiated by the Division and conducted in accordance with Section 31(e)(ii). This consultation process shall also consider whether delays in TCM implementation necessitate revisions to the applicable implementation plan to remove TCMs or substitute TCMs or other emission reduction measures.
(V) Making a determination, as required by Section 31(cc)(ii), whether the project is included in the regional emission analysis supporting the currently conforming TIP's conformity determination, even if the project is not strictly 'included' in the TIP for the purposes of MPO project selection or endorsement, and whether the project's design concept and scope have not changed significantly from those which were included in the regional emissions analysis, or in a manner which would significantly impact use of the facility, to be initiated by the WYDOT and conducted in accordance with Section 31(e)(ii).
(VI) Identify, as required by Section 31(e)(iv), projects located at sites in PM10 nonattainment areas which have vehicle and roadway emission and dispersion characteristics which are essentially identical to those at sites which have violations verified by monitoring, and therefore require quantitative PM2.5 hot-spot analysis, to be initiated by the Division and conducted in accordance with Section 31(e)(ii).
(VII) Notification of transportation plan or TIP revisions or amendments which merely add or delete exempt projects listed in Section 31(hh), to be initiated by the WYDOT and conducted in accordance with Section 31(e)(ii).
(VIII) Determining what forecast of vehicle miles traveled (VMT) to use in establishing or tracking emissions budgets, developing transportation plans, TIPS, or applicable implementation plans, or making conformity determinations, to be initiated by the WYDOT and conducted in accordance with Section 31(e)(ii).
(B) An interagency consultation process in accordance with Section 31(e)(ii) involving the MPO, the Division and the WYDOT, shall be undertaken for the following:
(I) Evaluating events which will trigger new conformity determinations in addition to those triggering events established in Section 31(d), to be initiated by the Division and conducted in accordance with Section 31(e)(ii); and
(II) Consulting on emissions analysis for transportation activities which cross the borders of MPOs or nonattainment areas or air basins, to be initiated by the Division and conducted in accordance with Section 31(e)(ii).
(C) Where any metropolitan planning area does not include an entire nonattainment or maintenance area, an interagency consultation process in accordance with Section 31(e)(ii) involving the MPO and the WYDOT shall be undertaken for cooperative planning and analysis purposes of determining conformity of all projects outside the metropolitan area and within the nonattainment or maintenance area, to be initiated by the WYDOT and conducted in accordance with Section 31(e)(ii).
(D) (I) An interagency consultation process in accordance with Section 31(e)(ii) involving the MPO, the Division, the WYDOT, and recipients of funds designated under title 23 U.S.C. or the Federal Transit Act shall be undertaken to assure that plans for construction of regionally significant projects which are not FHWA/FTA projects (including projects for which alternative locations, design concept and scope, or the no-build option are still being considered), including those by recipients of funds designated under title 23 U.S.C. or the Federal Transit Act, are disclosed to the MPO on a regular basis, and to assure that any changes to those plans are immediately disclosed.
(II) The sponsor of any such regionally significant project, and any agency that becomes aware of any such project through applications for approval, permitting or funding or otherwise, shall disclose such project to the MPO in a timely manner. Such disclosure shall be made not later that the first occasion on which any of the following actions is sought: any policy board action necessary for the project to proceed, the issuance of administrative permits for the facility or for construction of the facility, the execution of a contract to design or construct the facility, the execution of any indebtedness for the facility, any final action of a board, commission or administrator authorizing or directing employees to proceed with design, permitting or construction of the project, or the execution of any contract to design or construct or any approval needed for any facility that is dependent on the completion of a regionally significant project.
(III) In the case of any such regionally significant project that has not been disclosed to the MPO and other interested agencies participating in the consultation process in a timely manner, such regionally significant project shall be deemed not to be included in the regional emissions analysis supporting the currently conforming TIP's conformity determination and not to be consistent with the motor vehicle emissions budget in the applicable implementation plan, for the purposes of Section 31(cc).
(IV) For the purposes of this section and Section 31(cc), the phrase 'adopt or approve of a regionally significant project' means the first time any action necessary to authorizing a project occurs, such as any policy board action necessary for the project to proceed, the issuance of administrative permits for the facility or for construction of the facility, the execution of a contract to construct the facility, any final action of a board, commission or administrator authorizing or directing employees to proceed with construction of the project, or any written decision or authorization from the MPO that the project may be adopted or approved.
(E) An interagency cooperation process in accordance with Section 31(e)(ii) involving the MPO and any other recipients of funds designated under Title 23 U.S.C. or the Federal Transit Act shall be undertaken for assuming the location and design concept and scope of projects which are disclosed to the MPO under Section 31(e)(iii)(E) of this section but whose sponsors have not yet decided these features, in sufficient detail to perform the regional emissions analysis according to the requirements of Section 31(dd), to be initiated by the MPO and conducted in accordance with Section 31(e)(ii).
(F) An interagency consultation process in accordance with Section 31(e)(ii) involving any MPO, the Division and the WYDOT shall be undertaken for the design, schedule, and funding of research and data collection efforts and regional transportation model development by the MPO (e.g., household/travel transportation surveys), to be initiated by the MPO and conducted in accordance with Section 31(e)(ii).
(A) Any conflict among State agencies or between State agencies and an MPO shall be escalated to the Governor if the conflict cannot be resolved by the heads of the involved agencies. In the first instance, such agencies shall make every effort to resolve any differences, including personal meetings between the heads of such agencies or their policy-level representatives, to the extent possible.
(B) The Division has 14 calendar days to appeal a proposed determination of conformity to the Governor after the WYDOT or MPO has notified the Division of the resolution of all comments on such proposed determination of conformity or policy decision. Such 14-day period shall commence when the MPO or the WYDOT has confirmed receipt by the administrator of the Division of the resolution of the comments of the Division.
(C) The final conformity decision must have the concurrence of the Governor if the Division appeals a conformity decision. If there is no appeal by the Division, the MPO or the WYDOT may proceed with the final conformity determination.
(D) The Division must provide notice of any appeal under Section 31(e)(iv)(B) to the WYDOT and MPO.
(E) The Governor may delegate his/her role in the appeal process to anyone except the head or staff of the Division, the WYDOT, the Wyoming Environmental Quality Council, the Wyoming Transportation Commission or an MPO.
(A) Affected agencies making conformity determinations on transportation plans, programs, and projects shall establish a proactive public involvement process which provides opportunity for public review and comment prior to taking formal action on a conformity determination for all transportation plans and TIPs, consistent with the requirements of 23 C.F.R. 450, including §§ 450.316(b)(1), 450.322(c), and 450.324(c) as in effect on the date of adoption of this rule. In addition, any such agency must specifically address in writing in all public comments that known plans for a regionally significant project which is not receiving FHWA or FTA funding or approval have not been properly reflected in the emissions analysis supporting a proposed conformity finding for a transportation plan or TIP. Any such agency shall also provide opportunity for public involvement in conformity determination for projects to the extent otherwise required by law.
(B) The opportunity for public involvement provided under this subsection shall include access to information, emissions data, analyses, models and modeling assumptions used to perform a conformity determination, and the obligation of any such agency to consider and respond to significant comments.
(C) No transportation plan, TIP, or project may be found to conform unless the determination of conformity has been subject to a public involvement process in accordance with this subsection, without regard to whether the DOT has certified any process under 23 C.F.R. Part 450.
(i) Transportation plans adopted after January 1, 1995 in serious, severe, or extreme ozone nonattainment areas and in serious carbon monoxide nonattainment areas. The transportation plan must specifically describe the transportation system envisioned for certain future years which shall be called horizon years.
(A) The agency or organization developing the transportation plan, after consultation in accordance with Section 31(e), may choose any years to be horizon years, subject to the following restrictions:
(I) Horizon years may be no more than 10 years apart.
(II) The first horizon year may be no more than 10 years from the base year used to validate the transportation demand planning model.
(III) If the attainment year is in the time span of the transportation plan, the attainment year must be a horizon year.
(IV) The last horizon year must be the last year of the transportation plan's forecast period.
(B) For these horizon years:
(I) The transportation plan shall quantify and document the demographic and employment factors influencing expected transportation demand, including land use forecasts, in accordance with implementation plan provisions and Section 31(e).
(II) The highway and transit system shall be described in terms of the regionally significant additions or modifications to the existing transportation network which the transportation plan envisions to be operational in the horizon years. Additions and modifications to the highway network shall be sufficiently identified to indicate intersections with existing regionally significant facilities, and to determine their effect on route options between transportation analysis zones. Each added or modified highway segment shall also be sufficiently identified in terms of its design concept and design scope to allow modeling of travel times under various traffic volumes, consistent with the modeling methods for area-wide transportation analysis in use by the MPO. Transit facilities, equipment, and services envisioned for the future shall be identified in terms of design concept, design scope, and operating policies sufficiently to allow modeling of their transit ridership. The description of additions and modifications to the transportation network shall also be sufficiently specific to show that there is a reasonable relationship between expected land use and the envisioned transportation system; and
(III) Other future transportation policies, requirements, services, and activities, including intermodal activities, shall be described.
(ii) Moderate areas reclassified to serious. Ozone or CO nonattainment areas which are reclassified from moderate to serious must meet the requirements of paragraph (i) of this section within two years from the date of reclassification.
(iii) Transportation plans for other areas. Transportation plans for other areas must meet the requirements of paragraph (a) of this section at least to the extent it has been the previous practice of the MPO to prepare plans which meet those requirements. Otherwise, transportation plans must describe the transportation system envisioned for the future specifically enough to allow determination of conformity according to the criteria and procedures of Section 31(i) - (aa).
(iv) Savings. The requirements of this section supplement other requirements of applicable law or regulation governing the format or content of transportation plans.
(g) Relationship of transportation plan and TIP conformity with the NEPA process. The degree of specificity required in the transportation plan and the specific travel network assumed for air quality modeling do not preclude the consideration of alternatives in the NEPA process or other project development studies. Should the NEPA process result in a project with design concept and scope significantly different from that in the transportation plan or TIP, the project must meet the criteria in Section 31(i) - (aa) for projects not from a TIP before NEPA process completion.
(h) Fiscal constraints for transportation plans and TIPS. Transportation plans and TIPs shall be fiscally constrained and meet the requirements of 23 CFR 450.332(b)(11) and 450.324(e) as in effect on the date of adoption of this section in order to be found in conformity. The determination that a transportation plan or TIP is fiscally constrained shall be subject to consultation in accordance with Section 31(e).
(i) Criteria and procedures for determining conformity of transportation plans, programs, and projects: General.
(i) In order to be found to conform, each transportation plan, program, and FHWA/FTA project must satisfy the applicable criteria and procedures in Section 31(j) - (aa) as listed in Table 1 in paragraph (ii) of this section, and must comply with all applicable conformity requirements of implementation plans and of court orders for the area which pertain specifically to conformity determination requirements. The criteria for making conformity determinations differ based on the action under review (transportation plans, TIPs, and FHWA/FTA projects), the time period in which the conformity determination is made, and the relevant pollutant.
(ii) The following table indicates the criteria and procedures in Section 31(j) - (aa) which apply for each action in each time period.
Table 1. Conformity Criteria
| DURING ALL PERIODS | |
|---|---|
| Action | Criteria |
| Transportation Plan | j,k,l,m(ii). |
| TIP | j,k,l,m(iii). |
| Project (From a conforming plan and TIP) | j,k,l,n,o,p,q |
| Project (Not from a conforming plan and TIP) | j,k,l,m(iv),n,p,q |
PHASE II OF THE INTERIM PERIOD
| Action | Criteria |
|---|---|
| Transportation Plan | v,y |
| TIP | w,z |
| Project (From a conforming plan and TIP) | u |
| Project (Not from a conforming plan and TIP) | u,x,aa |
Table 1. Conformity Criteria (continued)
TRANSITIONAL PERIOD
| Action | Criteria |
|---|---|
| Transportation Plan | r, v, y |
| TIP | s, w, z |
| Project (From a conforming plan and TIP) | u |
| Project (Not from a conforming plan and TIP) | t, u, x, aa |
CONTROL STRATEGY AND MAINTENANCE PERIODS
| Action | Criteria |
|---|---|
| Transportation Plan | r |
| TIP | s |
| Project (From a conforming plan and TIP) | No additional criteria |
| Project (Not from a conforming plan and TIP) | t |
(j) The conformity determination must be based on the latest planning assumptions. (k) The conformity determination must be based on the latest emission estimation model available. (1) The MPO must make the conformity determination according to the consultation procedures of this rule and the implementation plan revision required by 40 CFR part 51 subpart T. (m) The transportation plan, TIP, or FHWA/FTA project which is not from a conforming plan and TIP must provide for the timely implementation of TCMs from the applicable implementation plan. (n) There must be a currently conforming transportation plan and currently conforming TIP at the time of project approval. (o) The project must come from a conforming transportation plan and program. (p) The FHWA/FTA project must not cause or contribute to any new localized CO or (\mathsf{PM}{\mathrm{10}}) violations or increase the frequency or severity of any existing CO or (\mathsf{PM}{\mathrm{10}}) violations in CO and (\mathsf{PM}_{\mathrm{10}}) nonattainment and maintenance areas.
(i) During all periods the conformity determination, with respect to all other applicable criteria in Section 31(k - aa), must be based upon the most recent planning assumptions in force at the time of the conformity determination. This criterion applies during all periods. The conformity determination must satisfy the requirements of paragraphs (ii) through (vi) of this section.
(ii) Assumptions (including, but not limited to, vehicle miles traveled per capita or per household, trip generation per household, vehicle occupancy, household size, vehicle fleet mix, vehicle ownership, and the geographic distribution of population growth) must be derived from the estimates of current and future population, employment, travel, and congestion most recently developed by the MPO or other agency authorized to make such estimates and approved by the MPO. The conformity determination must also be based on the latest assumptions about current and future background concentrations. Any revisions to these estimates used as part of the conformity determination, including projected shifts in geographic location or level of population, employment, travel, and congestion, must be approved by the MPO or other agency authorized to make such estimates for the area, after consultation with the Division.
(iii) The conformity determination for each transportation plan and TIP must discuss how transit operating policies (including fares and service levels) and assumed transit ridership have changed since the previous conformity determination.
(iv) The conformity determination must include reasonable assumptions about transit service and increases in transit fares and road and bridge tolls over time.
(v) The conformity determination must use the latest existing information regarding the effectiveness of the TCMs which have already been implemented.
(vi) Key assumptions shall be specified and included in the draft documents and supporting materials used for the interagency and public consultation required by Section 31(e).
(i) During all periods the conformity determination shall be based on the latest emission estimation model available. This criterion is satisfied if the most current version of the motor vehicle emissions model specified by EPA for use in the preparation or revision of implementation plans in that State or area is used for the conformity analysis. Where EMFAC is the motor vehicle emissions model used in preparing or revising the applicable implementation plan, new versions must be approved by EPA before they are used in the conformity analysis.
(ii) EPA will consult with DOT to establish a grace period following the specification of any new model.
(A) The grace period will be no less than three months and no more than 24 months after notice of availability is published in the Federal Register.
(B) The length of the grace period will depend on the degree of change in the model and the scope of re-planning likely to be necessary by MPOs in order to assure conformity. If the grace period will be longer than three months, EPA will announce the appropriate grace period in the Federal Register.
(iii) Conformity analyses for which the emissions analysis was begun during the grace period or before the Federal Register notice of availability of the latest emission model may continue to use the previous version of the model for transportation plans and TIPs. The previous model may also be used for projects if the analysis was begun during the grace period or before the Federal Register notice of availability, provided no more than three years have passed since the draft environmental document was issued.
(l) Criteria and procedures: Consultation. All conformity determinations shall be made according to the consultation procedures in Section 31(e), and according to the public involvement procedures established by the MPO in compliance with 23 CFR Part 450. This criterion applies during all periods. Until the implementation plan revision required by 40 CFR part 51 subpart T is approved by EPA, the conformity determination must be made according to the procedures in 40 CFR 51.402(a)(2) and 40 CFR 51.402(e). Once the implementation plan revision has been approved by EPA, this criterion is satisfied if the conformity determination is made consistent with the implementation plan's consultation requirements.
(i) The transportation plan, TIP, or FHWA/FTA project which is not from a conforming plan and TIP must provide for the timely implementation of TCMs from the applicable implementation plan. This criterion applies during all periods.
(ii) For transportation plans, this criterion is satisfied if the following two conditions are met:
(A) The transportation plan, in describing the envisioned future transportation system, provides for the timely completion or implementation of all TCMs in the applicable implementation plan, including, but not limited to, those which are eligible for funding under title 23 U.S.C. or the Federal Transit Act, consistent with schedules included in the applicable implementation plan.
(B) Nothing in the transportation plan interferes with the implementation of any TCM in the applicable implementation plan.
(iii) For TIPs, this criterion is satisfied if the following conditions are met:
(A) An examination of the specific steps and funding source(s) needed to fully implement each TCM indicates that TCMs, including, but not limited to, those which are eligible for funding under title 23 U.S.C. or the Federal Transit Act are on or ahead of the schedule established in the applicable implementation plan, or, if such TCMs are behind the schedule established in the applicable implementation plan, the MPO and DOT have determined that past obstacles to implementation of the TCMs have been identified and have been or are being overcome, and that all State and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding of TCMs over other projects within their control, including projects in locations outside the nonattainment or maintenance area. Maximum priority to approval or funding of TCMs includes demonstrations with respect to funding acceleration, commitment of staff or other agency resources, diligent efforts to seek approvals, and similar actions.
(B) If TCMs in the applicable implementation plan have previously been programmed for Federal funding but the funds have not been obligated and the TCMs are behind the schedule in the implementation plan, then the TIP cannot be found to conform if the funds intended for those TCMs are reallocated to projects in the TIP other than TCMs, or if there are no other TCMs in the TIP, if the funds are reallocated to projects in the TIP other than projects which are eligible for Federal funding under ISTEA's Congestion Mitigation and Air Quality Improvement Program.
(C) Nothing in the TIP may interfere with the implementation of any TCM in the applicable implementation plan.
(iv) For FHWA/FTA projects which are not from a conforming transportation plan and TIP, this criterion is satisfied if the project does not interfere with the implementation of any TCM in the applicable implementation plan.
(n) Criteria and procedures: Currently conforming transportation plan and TIP. There must be a currently conforming transportation plan and currently conforming TIP at the time of project approval. This criterion applies during all periods. It is satisfied if the current transportation plan and TIP have been found to conform to the applicable implementation plan by the MPO and DOT according to the criteria and procedures of this subpart. Only one conforming transportation plan or TIP may exist in an area at any time; conformity determinations of a previous transportation plan or TIP expire once the current plan or TIP is found to conform by DOT. The conformity determination on a transportation plan or TIP will also lapse if conformity is not determined according to the frequency requirements of Section 31(d).
(i) The project must come from a conforming plan and program. This criterion applies during all periods. If this criterion is not satisfied, the project must satisfy all criteria in Table 1 for a project not from a conforming transportation plan and TIP. A project is considered to be from a conforming transportation plan if it meets the requirements of paragraph (ii) of this section and from a conforming program if it meets the requirements of paragraph (iii) of this section.
(ii) A project is considered to be from a conforming transportation plan if one of the following conditions applies:
(A) For projects which are required to be identified in the transportation plan in order to satisfy §51.404, the project is specifically included in the conforming transportation plan and the project's design concept and scope have not changed significantly from those which were described in the transportation plan, or in a manner which would significantly impact use of the facility; or
(B) For projects which are not required to be specifically identified in the transportation plan, the project is identified in the conforming transportation plan, or is consistent with the policies and purpose of the transportation plan and will not interfere with other projects specifically included in the transportation plan.
(iii) A project is considered to be from a conforming program if the following conditions are met:
(A) The project is included in the conforming TIP and the design concept and scope of the project were adequate at the time of the TIP conformity determination to determine its contribution to the TIP's regional emissions and have not changed significantly from those which were described in the TIP, or in a manner which would significantly impact use of the facility; and
(B) If the TIP describes a project design concept and scope which includes project-level emissions mitigation or control measures, enforceable written commitments to implement such measures must be obtained from the project sponsor and/or operator as required by Section 31(gg)(i) in order for the project to be considered from a conforming program. Any change in these mitigation or control measures that would significantly reduce their effectiveness constitutes a change in the design concept and scope of the project.
(i) The FHWA/FTA project must not cause or contribute to any new localized CO or PM10 violations or increase the frequency or severity of any existing CO or PM10 violations in CO and PM10 nonattainment and maintenance areas. This criterion applies during all periods. This criterion is satisfied if it is demonstrated that no new local violations will be created and the severity or number of existing violations will not be increased as a result of the project.
(ii) The demonstration must be performed according to the requirements of Section 31(e) and (ee).
(iii) For projects which are not of the type identified by Section 31(ee)(i) or Section 31(ee)(iv), this criterion may be satisfied if consideration of local factors clearly demonstrates that no local violations presently exist and no new local violations will be created as a result of the project. Otherwise, in CO nonattainment and maintenance areas, a quantitative demonstration must be performed according to the requirements of Section 31(ee)(ii).
The FHWA/FTA project must comply with PM10 control measures in the applicable implementation plan. This criterion applies during all periods. It is satisfied if control measures (for the purpose of limiting PM10 emissions from the construction activities and/or normal use and operation associated with the project) contained in the applicable implementation plan are included in the final plans, specifications, and estimates for the project.
(i) The transportation plan must be consistent with the motor vehicle emissions budget(s) in the applicable implementation plan (or implementation plan submission). This criterion applies during the transitional period and the control strategy and maintenance periods, except as provided in Section 31(jj). This criterion may be satisfied if the requirements in paragraphs (ii) and (iii) of this section are met:
(ii) A regional emissions analysis shall be performed as follows:
(A) The regional analysis shall estimate emissions of any of the following pollutants and pollutant precursors for which the area is in nonattainment or maintenance and for which the applicable implementation plan (or implementation plan submission) establishes an emissions budget:
(I) VOC as an ozone precursor;
(II) NOx as an ozone precursor, unless the Administrator determines that additional reductions of NOx would not contribute to attainment;
(III) CO;
(IV) PM10 (and its precursors VOC and/or NOx if the applicable implementation plan or implementation plan submission identifies transportation-related precursor emissions within the nonattainment area as a significant contributor to the PM10 nonattainment problem or establishes a budget for such emissions); or
(V) NOx (in NOx nonattainment or maintenance areas);
(B) The regional emissions analysis shall estimate emissions from the entire transportation system, including all regionally significant projects contained in the transportation plan and all other regionally significant highway and transit projects expected in the nonattainment or maintenance area in the time frame of the transportation plan;
(C) The emissions analysis methodology shall meet the requirements of Section 31(dd);
(D) For areas with a transportation plan that meets the content requirements of Section 31(f)(i), the emissions analysis shall be performed for each horizon year. Emissions in milestone years which are between the horizon years may be determined by interpolation; and
(E) For areas with a transportation plan that does not meet the content requirements of Section 31(f)(i), the emissions analysis shall be performed for any years in the time span of the transportation plan provided they are not more than ten years apart and provided the analysis is performed for the last year of the plan's forecast period. If the attainment year is in the time span of the transportation plan, the emissions analysis must also be performed for the attainment year. Emissions in milestone years which are between these analysis years may be determined by interpolation.
(iii) The regional emissions analysis shall demonstrate that for each of the applicable pollutants or pollutant precursors in paragraph (ii) (A) of this section the emissions are less than or equal to the motor vehicle emissions budget as established in the applicable implementation plan or implementation plan submission as follows:
(A) If the applicable implementation plan or implementation plan submission establishes emissions budgets for milestone years, emissions in each milestone year are less than or equal to the motor vehicle emissions budget established for that year;
(B) For nonattainment areas, emissions in the attainment year are less than or equal to the motor vehicle emissions budget established in the applicable implementation plan or implementation plan submission for that year;
(C) For nonattainment areas, emissions in each analysis or horizon year after the attainment year are less than or equal to the motor vehicle emissions budget established by the applicable implementation plan or implementation plan submission for the attainment year. If emissions budgets are established for years after the attainment year, emissions in each analysis year or horizon year must be less than or equal to the motor vehicle emissions budget for that year, if any, or the motor vehicle emissions budget for the most recent budget year prior to the analysis year or horizon year; and
(D) For maintenance areas, emissions in each analysis or horizon year are less than or equal to the motor vehicle emissions budget established by the maintenance plan for that year, if any, or the emissions budget for the most recent budget year prior to the analysis or horizon year.
(i) The TIP must be consistent with the motor vehicle emissions budget(s) in the applicable implementation plan (or implementation plan submission). This criterion applies during the transitional period and the control strategy and maintenance periods, except as provided in Section 31(jj). This criterion may be satisfied if the requirements in paragraphs (ii) and (iii) of this section are met:
(ii) For areas with a conforming transportation plan that fully meets the content requirements of Section 31(f)(i), this criterion may be satisfied without additional regional analysis if:
(A) Each program year of the TIP is consistent with the Federal funding which may be reasonably expected for that year, and required State/local matching funds and funds for State/local funding-only projects are consistent with the revenue sources expected over the same period; and (B) The TIP is consistent with the conforming transportation plan such that the regional emissions analysis already performed for the plan applies to the TIP also. This requires a demonstration that:
(I) The TIP contains all projects which must be started in the TIP's time frame in order to achieve the highway and transit system envisioned by the transportation plan in each of its horizon years;
(II) All TIP projects which are regionally significant are part of the specific highway or transit system envisioned in the transportation plan's horizon years; and
(III) The design concept and scope of each regionally significant project in the TIP is not significantly different from that described in the transportation plan.
(C) If the requirements in paragraphs (ii)(A) and (ii)(B) of this section are not met, then:
(I) The TIP may be modified to meet those requirements; or
(II) The transportation plan must be revised so that the requirements in paragraphs (ii)(A) and (ii)(B) of this section are met. Once the revised plan has been found to conform, this criterion is met for the TIP with no additional analysis except a demonstration that the TIP meets the requirements of paragraphs (ii)(A) and (ii)(B) of this section.
(iii) For areas with a transportation plan that does not meet the content requirements of Section 31(f)(i), a regional emissions analysis must meet all of the following requirements:
(A) The regional emissions analysis shall estimate emissions from the entire transportation system, including all projects contained in the proposed TIP, the transportation plan, and all other regionally significant highway and transit projects expected in the nonattainment or maintenance area in the time frame of the transportation plan;
(B) The analysis methodology shall meet the requirements of Section 31(dd)(iii); and
(C) The regional analysis shall satisfy the requirements of Section 31(r)(ii)(A), (r)(ii)(E), and (r)(iii).
(t) Criteria and procedures: Motor vehicle emissions budget (project not from a plan and TIP).
(i) The project which is not from a conforming transportation plan and a conforming TIP must be consistent with the motor vehicle emissions budget(s) in the applicable implementation plan (or implementation plan submission). This criterion applies during the transitional period and the control strategy and maintenance periods, except as provided in Section 31(jj). It is satisfied if emissions from the implementation of the project, when considered with the emissions from the projects in the conforming transportation plan and TIP and all other regionally significant projects expected in the area, do not exceed the motor vehicle emissions budget(s) in the applicable implementation plan (or implementation plan submission).
(ii) For areas with a conforming transportation plan that meets the content requirements of Section 31(f)(i):
(A) This criterion may be satisfied without additional regional analysis if the project is included in the conforming transportation plan, even if it is not specifically included in the latest conforming TIP. This requires a demonstration that:
(I) Allocating funds to the project will not delay the implementation of projects in the transportation plan or TIP which are necessary to achieve the highway and transit system envisioned by the transportation plan in each of its horizon years;
(II) The project is not regionally significant or is part of the specific highway or transit system envisioned in the transportation plan's horizon years; and
(III) The design concept and scope of the project is not significantly different from that described in the transportation plan.
(B) If the requirements in paragraph (ii)(A) of this section are not met, a regional emissions analysis must be performed as follows:
(I) The analysis methodology shall meet the requirements of Section 31(ee);
(II) The analysis shall estimate emissions from the transportation system, including the proposed project and all other regionally significant projects expected in the nonattainment or maintenance area in the time frame of the transportation plan. The analysis must include emissions from all previously approved projects which were not from a transportation plan and TIP; and
(III) The emissions analysis shall meet the requirements of Section 31(r)(ii)(A), (r)(ii)(D), and (r)(iii).
(iii) For areas with a transportation plan that does not meet the content requirements of Section 31(f)(i), a regional emissions analysis must be performed for the project together with the conforming TIP and all other regionally significant projects expected in the nonattainment or maintenance area. This criterion may be satisfied if:
(A) The analysis methodology meets the requirements of Section 31(dd)(iii);
(B) The analysis estimates emissions from the transportation system, including the proposed project, and all other regionally significant projects expected in the nonattainment or maintenance area in the time frame of the transportation plan; and
(C) The regional analysis satisfies the requirements of Section 31(r)(ii)(A), (r)(ii)(E), and (r)(iii).
(i) Each FHWA/FTA project must eliminate or reduce the severity and number of localized CO violations in the area substantially affected by the project (in CO nonattainment areas). This criterion applies during the interim and transitional periods only. This criterion is satisfied with respect to existing localized CO violations if it is demonstrated that existing localized CO violations will be eliminated or reduced in severity and number as a result of the project.
(ii) The demonstration must be performed according to the requirements of Section 31(e) and (ee).
(iii) For projects which are not of the type identified by Section 31(ee)(i), this criterion may be satisfied if consideration of local factors clearly demonstrates that existing CO violations will be eliminated or reduced in severity and number. Otherwise, a quantitative demonstration must be performed according to the requirements of Section 31(ee)(ii).
(i) A transportation plan must contribute to emissions reductions in ozone and CO nonattainment areas. This criterion applies during the interim and transitional periods only, except as otherwise provided in Section 31(jj). It applies to the net effect on emissions of all projects contained in a new or revised transportation plan. This criterion may be satisfied if a regional emissions analysis is performed as described in paragraphs (ii) through (vi) of this section.
(ii) Determine the analysis years for which emissions are to be estimated. Analysis years shall be no more than ten years apart. The first analysis year shall be no later than the first milestone year (1995 in CO nonattainment areas and 1996 in ozone nonattainment areas). The second analysis year shall be either the attainment year for the area, or if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year.
The last year of the transportation plan's forecast period shall also be an analysis year.
(iii) Define the 'Baseline' scenario for each of the analysis years to be the future transportation system that would result from current programs, composed of the following (except that projects listed in Section 31(hh) and (ii) need not be explicitly considered):
(A) All in-place regionally significant highway and transit facilities, services and activities;
(B) All ongoing travel demand management or transportation system management activities; and
(C) Completion of all regionally significant projects, regardless of funding source, which are currently under construction or are undergoing right-of-way acquisition (except for hardship acquisition and protective buying); come from the first three years of the previously conforming transportation plan and/or TIP; or have completed the NEPA process. (For the first conformity determination on the transportation plan after November 24, 1993, a project may not be included in the 'Baseline' scenario if one of the following major steps has not occurred within the past three years: NEPA process completion; start of final design; acquisition of a significant portion of the right-of-way; or approval of the plans, specifications and estimates. Such a project must be included in the 'Action' scenario, as described in paragraph (iv) of this section.)
(iv) Define the 'Action' scenario for each of the analysis years as the transportation system that will result in that year from the implementation of the proposed transportation plan, TIPs adopted under it, and other expected regionally significant projects in the nonattainment area. It will include the following (except that projects listed in Section 31(hh) and (ii) need not be explicitly considered):
(A) All facilities, services, and activities in the 'Baseline' scenario;
(B) Completion of all TCMs and regionally significant projects (including facilities, services, and activities) specifically identified in the proposed transportation plan which will be operational or in effect in the analysis year, except that regulatory TCMs may not be assumed to begin at a future time unless the regulation is already adopted by the enforcing jurisdiction or the TCM is identified in the applicable implementation plan;
(C) All travel demand management programs and transportation system management activities known to the MPO, but not included in the applicable implementation plan or utilizing any Federal funding or approval, which have been fully adopted and/or funded by the enforcing jurisdiction or sponsoring agency since the last conformity determination on the transportation plan;
(D) The incremental effects of any travel demand management programs and transportation system management activities known to the MPO, but not included in the applicable implementation plan or utilizing any Federal funding or approval, which were adopted and/or funded prior to the date of the last conformity determination on the transportation plan, but which have been modified since then to be more stringent or effective;
(E) Completion of all expected regionally significant highway and transit projects which are not from a conforming transportation plan and TIP; and
(F) Completion of all expected regionally significant non-FHWA/FTA highway and transit projects that have clear funding sources and commitments leading toward their implementation and completion by the analysis year.
(v) Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined by the 'Baseline' and 'Action' scenarios and determine the difference in regional VOC and NOx emissions (unless the Administrator determines that additional reductions of NOx would not contribute to attainment) between the two scenarios for ozone nonattainment areas and the difference in CO emissions between the two scenarios for CO nonattainment areas. The analysis must be performed for each of the analysis years according to the requirements of Section 31(dd). Emissions in milestone years which are between the analysis years may be determined by interpolation.
(vi) This criterion is met if the regional VOC and NOx emissions (for ozone nonattainment areas) and CO emissions (for CO nonattainment areas) predicted in the 'Action' scenario are less than the emissions predicted from the 'Baseline' scenario in each analysis year, and if this can reasonably be expected to be true in the periods between the first milestone year and the analysis years. The regional analysis must show that the 'Action' scenario contributes to a reduction in emissions from the 1990 emissions by any non-zero amount.
(i) A TIP must contribute to emissions reductions in ozone and CO nonattainment areas. This criterion applies during the interim and transitional periods only, except as otherwise provided in Section 31(jj). It applies to the net effect on emissions of all projects contained in a new or revised TIP. This criterion may be satisfied if a regional emissions analysis is performed as described in paragraphs (ii) through (vi) of this section.
(ii) Determine the analysis years for which emissions are to be estimated. The first analysis year shall be no later than the first milestone year (1995 in CO nonattainment areas and 1996 in ozone nonattainment areas). The analysis years shall be no more than ten years apart. The second analysis year shall be either the attainment year for the area, or if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan's forecast period shall also be an analysis year.
(iii) Define the 'Baseline' scenario as the future transportation system that would result from current programs, composed of the following (except that projects listed in Section 31(hh) and (ii) need not be explicitly considered):
(A) All in-place regionally significant highway and transit facilities, services and activities;
(B) All ongoing travel demand management or transportation system management activities; and
(C) Completion of all regionally significant projects, regardless of funding source, which are currently under construction or are undergoing right-of-way acquisition (except for hardship acquisition and protective buying); come from the first three years of the previously conforming TIP; or have completed the NEPA process. (For the first conformity determination on the TIP after (November 24, 1993), a project may not be included in the 'Baseline' scenario if one of the following major steps has not occurred within the past three years: NEPA process completion; start of final design; acquisition of a significant portion of the right-of-way; or approval of the plans, specifications and estimates. Such a project must be included in the 'Action' scenario, as described in paragraph (d) of this section.)
(iv) Define the 'Action' scenario as the future transportation system that will result from the implementation of the proposed TIP and other expected regionally significant projects in the nonattainment area in the time frame of the transportation plan. It will include the following (except that projects listed in Section 31(hh) and (ii) need not be explicitly considered):
(A) All facilities, services, and activities in the 'Baseline' scenario;
(B) Completion of all TCMs and regionally significant projects (including facilities, services, and activities) included in the proposed TIP, except that regulatory TCMs may not be assumed to begin at a future time unless the regulation is already adopted by the enforcing jurisdiction or the TCM is contained in the applicable implementation plan;
(C) All travel demand management programs and transportation system management activities known to the MPO, but not included in the applicable implementation plan or utilizing any Federal funding or approval, which have been fully adopted and/or funded by the enforcing jurisdiction or sponsoring agency since the last conformity determination on the TIP;
(D) The incremental effects of any travel demand management programs and transportation system management activities known to the MPO, but not included in the applicable implementation plan or utilizing any Federal funding or approval, which were adopted and/or funded prior to the date of the last conformity determination on the TIP, but which have been modified since then to be more stringent or effective;
(E) Completion of all expected regionally significant highway and transit projects which are not from a conforming transportation plan and TIP; and
(F) Completion of all expected regionally significant non-FHWA/FTA highway and transit projects that have clear funding sources and commitments leading toward their implementation and completion by the analysis year.
(v) Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined by the 'Baseline' and 'Action' scenarios, and determine the difference in regional VOC and NOx emissions (unless the Administrator determines that additional reductions of NOx would not contribute to attainment) between the two scenarios for ozone nonattainment areas and the difference in CO emissions between the two scenarios for CO nonattainment areas. The analysis must be performed for each of the analysis years according to the requirements of Section 31(dd). Emissions in milestone years which are between analysis years may be determined by interpolation.
(vi) This criterion is met if the regional VOC and NOx emissions in ozone nonattainment areas and CO emissions in CO nonattainment areas predicted in the 'Action' scenario are less than the emissions predicted from the 'Baseline' scenario in each analysis year, and if this can reasonably be expected to be true in the period between the analysis years. The regional analysis must show that the 'Action' scenario contributes to a reduction in emissions from the 1990 emissions by any non-zero amount.
(x) Criteria and procedures: Interim period reductions for ozone and CO areas (project not from a plan and TIP). A transportation project which is not from a conforming transportation plan and TIP must contribute to emissions reductions in ozone and CO nonattainment areas. This criterion applies during the interim and transitional periods only, except as otherwise provided in Section 31(jj). This criterion is satisfied if a regional emissions analysis is performed which meets the requirements of Section 31(v) and which includes the transportation plan and project in the 'Action' scenario. If the project which is not from a conforming transportation plan and TIP is a modification of a project currently in the plan or TIP, the 'Baseline' scenario must include the project with its original design concept and scope, and the 'Action' scenario must include the project with its new design concept and scope.
(y) Criteria and procedures: Interim period reductions for PM10 and NOx areas (transportation plan). (i) A transportation plan must contribute to emission reductions or must not increase emissions in PM10 and NOx nonattainment areas. This criterion applies only during the interim and transitional periods. It applies to the net effect on emissions of all projects contained in a new or revised transportation plan. This criterion may be satisfied if the requirements of either paragraph (ii) or (iii) of this section are met.
(ii) Demonstrate that implementation of the plan and all other regionally significant projects expected in the nonattainment area will contribute to reductions in emissions of PM10 in a PM10 nonattainment area (and of each transportation-related precursor of PM10 in PM10 nonattainment areas if the EPA Regional Administrator or the director of the State air agency has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM10 nonattainment problem and has so notified the MPO and DOT) and of NOx in an NOx nonattainment area, by performing a regional emissions analysis as follows:
(A) Determine the analysis years for which emissions are to be estimated. Analysis years shall be no more than ten years apart. The first analysis year shall be no later than 1996 (for NOx areas) or four years and six months following the date of designation (for PM10 areas). The second analysis year shall be either the attainment year for the area, or if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan's forecast period shall also be an analysis year.
(B) Define for each of the analysis years the 'Baseline' scenario, as defined in Section 31(v)(iii), and the 'Action' scenario, as defined in Section 31(v)(iv).
(C) Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined by the 'Baseline' and 'Action' scenarios and determine the difference between the two scenarios in regional PM10 emissions in a PM10 nonattainment area (and transportation-related precursors of PM10 in PM10 nonattainment areas if the EPA Regional Administrator or the director of the State air agency has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM10 nonattainment problem and has so notified the MPO and DOT) and in NOx emissions in an NOx nonattainment area.
The analysis must be performed for each of the analysis years according to the requirements of Section 31(dd). The analysis must address the periods between the analysis years and the periods between 1990, the first milestone year (if any), and the first of the analysis years. Emissions in milestone years which are between the analysis years may be determined by interpolation.
(D) Demonstrate that the regional PM10 emissions and PM10 precursor emissions, where applicable, (for PM10 nonattainment areas) and NOx emissions (for NOx nonattainment areas) predicted in the 'Action' scenario are less than the emissions predicted from the 'Baseline' scenario in each analysis year, and that this can reasonably be expected to be true in the periods between the first milestone year (if any) and the analysis years.
(iii) Demonstrate that when the projects in the transportation plan and all other regionally significant projects expected in the nonattainment area are implemented, the transportation system's total highway and transit emissions of $PM10$ in a $PM10$ nonattainment area (and transportation-related precursors of $PM10$ in $PM10$ nonattainment areas if the EPA Regional Administrator or the director of the State air agency has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the $PM10$ nonattainment problem and has so notified the MPO and DOT) and of $NO_x$ in an $NO_x$ nonattainment area will not be greater than baseline levels, by performing a regional emissions analysis as follows:
(A) Determine the baseline regional emissions of $PM10$ and $PM10$ precursors, where applicable (for $PM10$ nonattainment areas) and $NO_x$ (for $NO_x$ nonattainment areas) from highway and transit sources. Baseline emissions are those estimated to have occurred during calendar year 1990, unless the implementation plan revision required by 40 CFR part 51 subpart T defines the baseline emissions for a $PM10$ area to be those occurring in a different calendar year for which a baseline emissions inventory was developed for the purpose of developing a control strategy implementation plan.
(B) Estimate the emissions of the applicable pollutant(s) from the entire transportation system, including projects in the transportation plan and TIP and all other regionally significant projects in the nonattainment area, according to the requirements of Section 31(dd). Emissions shall be estimated for analysis years which are no more than ten years apart. The first analysis year shall be no later than 1996 (for $NO_x$ areas) or four years and six months following the date of designation (for $PM10$ areas). The second analysis year shall be either the attainment year for the area, or if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan's forecast period shall also be an analysis year.
(C) Demonstrate that for each analysis year the emissions estimated in paragraph (iii)(B) of this section are no greater than baseline emissions of $PM10$ and $PM10$ precursors, where applicable (for $PM10$ nonattainment areas) or $NO_x$ (for $NO_x$ nonattainment areas) from highway and transit sources.
(i) A TIP must contribute to emission reductions or must not increase emissions in $PM10$ and $NO_x$ nonattainment areas. This criterion applies only during the interim and transitional periods. It applies to the net effect on emissions of all projects contained in a new or revised
TIP. This criterion may be satisfied if the requirements of either paragraph (ii) or paragraph (iii) of this section are met.
(ii) Demonstrate that implementation of the plan and TIP and all other regionally significant projects expected in the nonattainment area will contribute to reductions in emissions of PM10 in a PM10 nonattainment area (and transportation-related precursors of PM10 in PM10 nonattainment areas if the EPA Regional Administrator or the director of the State air agency has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM10 nonattainment problem and has so notified the MPO and DOT) and of NOx in an NOx nonattainment area, by performing a regional emissions analysis as follows:
(A) Determine the analysis years for which emissions are to be estimated, according to the requirements of Section 31(y)(ii)(A).
(B) Define for each of the analysis years the 'Baseline' scenario, as defined in Section 31(w)(iii), and the 'Action' scenario, as defined in Section 31(w)(iv).
(C) Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined by the 'Baseline' and 'Action' scenarios as required by Section 31(y)(ii)(C), and make the demonstration required by Section 31(y)(ii)(D).
(iii) Demonstrate that when the projects in the transportation plan and TIP and all other regionally significant projects expected in the area are implemented, the transportation system's total highway and transit emissions of PM10 in a PM10 nonattainment area (and transportation-related precursors of PM10 in PM10 nonattainment areas if the EPA Regional Administrator or the director of the State air agency has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM10 nonattainment problem and has so notified the MPO and DOT) and of NOx in an NOx nonattainment area will not be greater than baseline levels, by performing a regional emissions analysis as required by Section 31(y)(iii)(A-C).
(aa) Criteria and procedures: Interim period reductions for PM10 and NOx areas (project not from a plan and TIP.) A transportation project which is not from a conforming transportation plan and TIP must contribute to emission reductions or must not increase emissions in PM10 and NOx nonattainment areas. This criterion applies during the interim and transitional periods only. This criterion is met if a regional emissions analysis is performed which meets the requirements of Section 31(y) and which includes the transportation plan and project in the 'Action' scenario.
If the project which is not from a conforming transportation plan and TIP is a modification of a project currently in the transportation plan or TIP, and Section 31(y)(ii) is used to demonstrate satisfaction of this criterion, the 'Baseline' scenario must include the project with its original design concept and scope, and the 'Action' scenario must include the project with its new design concept and scope.
(A) The transportation plan and TIP must be demonstrated to conform according to transitional period criteria and procedures by one year from the date the Clean Air Act requires submission of such control strategy implementation plan revision. Otherwise, the conformity status of the transportation plan and TIP will lapse, and no new project-level conformity determinations may be made.
(I) The conformity of new transportation plans and TIPs may be demonstrated according to Phase II interim period criteria and procedures for 90 days following submission of the control strategy implementation plan revision, provided the conformity of such transportation plans and TIPs is redetermined according to transitional period criteria and procedures as required in paragraph (i)(A) of this section.
(II) Beginning 90 days after submission of the control strategy implementation plan revision, new transportation plans and TIPs shall demonstrate conformity according to transitional period criteria and procedures.
(B) If EPA disapproves the submitted control strategy implementation plan revision and so notifies the State, MPO, and DOT, which initiates the sanction process under Clean Air Act sections 179 or 110(m), the conformity status of the transportation plan and TIP shall lapse 120 days after EPA's disapproval, and no new project-level conformity determinations may be made. No new transportation plan, TIP, or project may be found to conform until another control strategy implementation plan revision is submitted and conformity is demonstrated according to transitional period criteria and procedures.
(C) Notwithstanding paragraph (i)(B) of this section, if EPA disapproves the submitted control strategy implementation plan revision but determines that the control strategy contained in the revision would have been considered approvable with respect to requirements for emission reductions if all committed measures had been submitted in enforceable form as required by Clean Air Act §110(a)(2)(A), the provisions of paragraph (i)(A) of this section shall apply for 12 months following the date of disapproval. The conformity status of the transportation plan and TIP shall lapse 12 months following the date of disapproval unless another control strategy implementation plan revision is submitted to EPA and found to be complete.
(A) For areas whose Clean Air Act deadline for submission of the control strategy implementation plan revision is after November 24,
1993 and EPA has notified the State, MPO, and DOT of the State's failure to submit a control strategy implementation plan revision, which initiates the sanction process under Clean Air Act sections 179 or 110(m):
(I) No new transportation plans or TIPs may be found to conform beginning 120 days after the Clean Air Act deadline; and
(II) The conformity status of the transportation plan and TIP shall lapse one year after the Clean Air Act deadline, and no new project-level conformity determinations may be made.
(B) For areas whose Clean Air Act deadline for submission of the control strategy implementation plan was before November 24, 1993 and EPA has made a finding of failure to submit a control strategy implementation plan revision, which initiates the sanction process under Clean Air Act sections 179 or 110(m), the following apply unless the failure has been remedied and acknowledged by a letter from the EPA Regional Administrator:
(I) No new transportation plans or TIPs may be found to conform beginning March 24, 1994; and
(II) The conformity status of the transportation plan and TIP shall lapse November 25, 1994, and no new project-level conformity determinations may be made.
(A) For areas where EPA notifies the State, MPO, and DOT after November 24, 1993 that the control strategy implementation plan revision submitted by the State is incomplete, which initiates the sanction process under Clean Air Act sections 179 or 110(m), the following apply unless the failure has been remedied and acknowledged by a letter from the EPA Regional Administrator:
(I) No new transportation plans or TIPs may be found to conform beginning 120 days after EPA's incompleteness finding; and
(II) The conformity status of the transportation plan and TIP shall lapse one year after the Clean Air Act deadline, and no new project-level conformity determinations may be made.
(III) Notwithstanding paragraphs (iii)(A)(I) and (II) of this section, if EPA notes in its incompleteness finding that the submittal would have been considered complete with respect to requirements for emission reductions if all committed measures had been submitted in enforceable form as required by Clean Air Act §110(a)(2)(A), the provisions of paragraph (i)(A) of this section shall apply for a period of 12 months following the date of the incompleteness determination. The conformity status of the transportation plan and TIP shall lapse 12 months following the date of the incompleteness determination unless another control strategy implementation plan revision is submitted to EPA and found to be complete.
(B) For areas where EPA has determined before November 24, 1993 that the control strategy implementation plan revision is incomplete, which initiates the sanction process under Clean Air Act sections 179 or 110(m), the following apply unless the failure has been remedied and acknowledged by a letter from the EPA Regional Administrator:
(I) No new transportation plans or TIPs may be found to conform beginning March 24, 1994; and
(II) The conformity status of the transportation plan and TIP shall lapse November 25, 1994, and no new project-level conformity determinations may be made.
(III) Notwithstanding paragraphs (iii)(B)(I) and (II) of this section, if EPA notes in its incompleteness finding that the submittal would have been considered complete with respect to requirements for emission reductions if all committed measures had been submitted in enforceable form as required by Clean Air Act §110(a)(2)(A), the provisions of paragraph (iv)(A) of this section shall apply for a period of 12 months following the date of the incompleteness determination. The conformity status of the transportation plan and TIP shall lapse 12 months following the date of the incompleteness determination unless another control strategy implementation plan revision is submitted to EPA and found to be complete.
(iv) Areas which submitted a control strategy implementation plan before November 24, 1993.
(A) The transportation plan and TIP must be demonstrated to conform according to transitional period criteria and procedures by November 25, 1994. Otherwise, their conformity status will lapse, and no new project-level conformity determinations may be made.
(I) The conformity of new transportation plans and TIPs may be demonstrated according to Phase II interim period criteria and procedures until February 22, 1994, provided the conformity of such transportation plans and TIPs is redetermined according to transitional period criteria and procedures as required in paragraph (iv)(A) of this section.
(II) Beginning February 22, 1994, new transportation plans and TIPs shall demonstrate conformity according to transitional period criteria and procedures.
(B) If EPA has disapproved the most recent control strategy implementation plan submission, the conformity status of the transportation plan and TIP shall lapse March 24, 1994, and no new project-level conformity determinations may be made. No new transportation plans, TIPs, or projects may be found to conform until another control strategy implementation plan revision is submitted and conformity is demonstrated according to transitional period criteria and procedures.
(C) Notwithstanding paragraph (iv) (B) of this section, if EPA has disapproved the submitted control strategy implementation plan revision but determines that the control strategy contained in the revision would have been considered approvable with respect to requirements for emission reductions if all committed measures had been submitted in enforceable form as required by Clean Air Act §110(a)(2)(A), the provisions of paragraph (iv)(A) of this section shall apply for 12 months following November 24, 1993. The conformity status of the transportation plan and TIP shall lapse 12 months following November 24, 1993 unless another control strategy implementation plan revision is submitted to EPA and found to be complete.
(v) Projects. If the currently conforming transportation plan and TIP have not been demonstrated to conform according to transitional period criteria and procedures, the requirements of paragraphs (v)(A) and (B) of this section must be met.
(A) Before a FHWA/FTA project which is regionally significant and increases single-occupant vehicle capacity (a new general purpose highway on a new location or adding general purpose lanes) may be found to conform, the State air agency must be consulted on how the emissions which the existing transportation plan and TIP's conformity determination estimates for the 'Action' scenario (as required by Section 31(v-aa) compare to the motor vehicle emissions budget in the implementation plan submission or the projected motor vehicle emissions budget in the implementation plan under development.
(B) In the event of unresolved disputes on such project-level conformity determinations, the State air agency may escalate the issue to the Governor consistent with the procedure in Section 31(e), which applies for any State air agency comments on a conformity determination.
(vi) Redetermination of conformity of the existing transportation plan and TIP according to the transitional period criteria and procedures.
(A) The redetermination of the conformity of the existing transportation plan and TIP according to transitional period criteria and procedures (as required by paragraphs (i)(A) and (iv)(A) of this section) does not require new emissions analysis and does not have to satisfy the requirements of Section 31(j) and (k) if:
(I) The control strategy implementation plan revision submitted to EPA uses the MPO's modeling of the existing transportation plan and TIP for its projections of motor vehicle emissions; and (II) The control strategy implementation plan does not include any transportation projects which are not included in the transportation plan and TIP.
(B) A redetermination of conformity as described in paragraph (vi)(A) of this section is not considered a conformity determination for the purposes of Section 31(d)(ii)(D) or (d)(iii)(D) regarding the maximum intervals between conformity determinations. Conformity must be determined according to all the applicable criteria and procedures of Section 31(i) within three years of the last determination which did not rely on paragraph (vi)(A) of this section.
(A) The requirements of paragraph (ii)(A) of this section apply if a serious or above ozone nonattainment area has not submitted the implementation plan revisions which Clean Air Act §§182(c)(2)(A) and 182(c)(2)(B) require to be submitted to EPA November 15, 1994, even if the area has submitted the implementation plan revision which Clean Air Act §182(b)(1) requires to be submitted to EPA November 15, 1993.
(B) The requirements of paragraph (ii)(A) of this section apply if a moderate ozone nonattainment area which is using photochemical dispersion modeling to demonstrate the 'specific annual reductions as necessary to attain' required by Clean Air Act §182(b)(1), and which has permission from EPA to delay submission of such demonstration until November 15, 1994, does not submit such demonstration by that date. The requirements of paragraph (ii)(A) of this section apply in this case even if the area has submitted the 15% emission reduction demonstration required by Clean Air Act §182(b)(1).
(C) The requirements of paragraph (i) of this section apply when the implementation plan revisions required by Clean Air Act §§182(c)(2)(A) and 182(c)(2)(B) are submitted.
(viii) Nonattainment areas which are not required to demonstrate reasonable further progress and attainment. If an area listed in Section 31(jj) submits a control strategy implementation plan revision, the requirements of paragraphs (i) and (v) of this section apply. Because the areas listed in Section 31(jj) are not required to demonstrate reasonable further progress and attainment and therefore have no Clean Air Act deadline, the provisions of paragraph (ii) of this section do not apply to these areas at any time.
(ix) Maintenance plans. If a control strategy implementation plan revision is not submitted to EPA but a maintenance plan required by Clean Air Act §175A is submitted to EPA, the requirements of paragraph (i) or (iv) of this section apply, with the maintenance plan submission treated as a 'control strategy implementation plan revision' for the purposes of those requirements.
(cc) Requirements for adoption or approval of projects by recipients of funds designated under title 23 U.S.C. or the Federal Transit Act. No
recipient of federal funds designated under title 23 U.S.C. or the Federal Transit Act shall adopt or approve a regionally significant highway or transit project, regardless of funding source, unless there is a currently conforming transportation plan and TIP consistent with the requirements of Section 31(n) and the requirements of one of the following paragraphs (i) through (v) are met:
(i) The project comes from a conforming plan and program consistent with the requirements of Section 31(o);
(ii) The project is included in the regional emissions analysis supporting the currently conforming TIP's conformity determination, even if the project is not strictly 'included' in the TIP for the purposes of MPO project selection or endorsement, and the project's design concept and scope have not changed significantly from those which were included in the regional emissions analysis, or in a manner which would significantly impact use of the facility;
(iii) During the control strategy or maintenance period, the project is consistent with the motor vehicle emissions budget(s) in the applicable implementation plan consistent with the requirements of Section 31(t);
(iv) During Phase II of the interim period, the project contributes to emissions reductions or does not increase emissions consistent with the requirements of Section 31(x) (in ozone and CO nonattainment areas) or Section 31(aa) (in PM10 and NO2 nonattainment areas); or
(v) During the transitional period, the project satisfies the requirements of both paragraphs (iii) and (iv) of this section.
(dd) Procedures for determining regional transportation related emissions.
(A) The regional emissions analysis for the transportation plan, TIP, or project not from a conforming plan and TIP shall include all regionally significant projects expected in the nonattainment or maintenance area, including FHWA/FTA projects proposed in the transportation plan and TIP and all other regionally significant projects which are disclosed to the MPO as required by Section 31(e). Projects which are not regionally significant are not required to be explicitly modeled, but VMT from such projects must be estimated in accordance with reasonable professional practice. The effects of TCMs and similar projects that are not regionally significant may also be estimated in accordance with reasonable professional practice.
(B) The emissions analysis may not include for emissions reduction credit any TCMs which have been delayed beyond the scheduled date(s) until such time as implementation has been assured. If the TCM has been partially implemented and it can be demonstrated that it is providing quantifiable emission reduction benefits, the emissions analysis may include that emissions reduction credit.
(C) Emissions reduction credit from projects, programs, or activities which require a regulation in order to be implemented may not be included in the emissions analysis unless the regulation is already adopted by the enforcing jurisdiction. Adopted regulations are required for demand management strategies for reducing emissions which are not specifically identified in the applicable implementation plan, and for control programs which are external to the transportation system itself, such as tailpipe or evaporative emission standards, limits on gasoline volatility, inspection and maintenance programs, and oxygenated or reformulated gasoline or diesel fuel. A regulatory program may also be considered to be adopted if an opt-in to a Federally enforced program has been approved by EPA, if EPA has promulgated the program (if the control program is a Federal responsibility, such as tailpipe standards), or if the Clean Air Act requires the program without need for individual State action and without any discretionary authority for EPA to set its stringency, delay its effective date, or not implement the program.
(D) Notwithstanding paragraph (i)(C) of this section, during the transitional period, control measures or programs which are committed to in an implementation plan submission as described in Section 31(r - t), but which has not received final EPA action in the form of a finding of incompleteness, approval, or disapproval may be assumed for emission reduction credit for the purpose of demonstrating that the requirements of Section 31(r - t) are satisfied.
(E) A regional emissions analysis for the purpose of satisfying the requirements of Section 31(v - x) may account for the programs in paragraph (i)(D) of this section, but the same assumptions about these programs shall be used for both the 'Baseline' and 'Action' scenarios.
(ii) Serious, severe, and extreme ozone nonattainment areas and serious carbon monoxide areas after January 1, 1995. Estimates of regional transportation-related emissions used to support conformity determinations must be made according to procedures which meet the requirements in paragraphs (ii)(A) through (E) of this section.
(A) A network-based transportation demand model or models relating travel demand and transportation system performance to land-use patterns, population demographics, employment, transportation infrastructure, and transportation policies must be used to estimate travel within the metropolitan planning area of the nonattainment area. Such a model shall possess the following attributes:
(I) The modeling methods and the functional relationships used in the model(s) shall in all respects be in accordance with acceptable professional practice, and reasonable for purposes of emission estimation;
(II) The network-based model(s) must be validated against ground counts for a base year that is not more than 10 years prior to the date of the conformity determination. Land use, population, and other inputs must be based on the best available information and appropriate to the validation base year;
(III) For peak-hour or peak-period traffic assignments, a capacity sensitive assignment methodology must be used;
(IV) Zone-to-zone travel times used to distribute trips between origin and destination pairs must be in reasonable agreement with the travel times which result from the process of assignment of trips to network links. Where use of transit currently is anticipated to be a significant factor in satisfying transportation demand, these times should also be used for modeling mode splits;
(V) Free-flow speeds on network links shall be based on empirical observations;
(VI) Peak and off-peak travel demand and travel times must be provided;
(VII) Trip distribution and mode choice must be sensitive to pricing, where pricing is a significant factor, if the network model is capable of such determinations and the necessary information is available;
(VIII) The model(s) must utilize and document a logical correspondence between the assumed scenario of land development and use and the future transportation system for which emissions are being estimated. Reliance on a formal land-use model is not specifically required but is encouraged;
(IX) A dependence of trip generation on the accessibility of destinations via the transportation system (including pricing) is strongly encouraged but not specifically required, unless the network model is capable of such determinations and the necessary information is available;
(X) A dependence of regional economic and population growth on the accessibility of destinations via the transportation system is strongly encouraged but not specifically required, unless the network model is capable of such determinations and the necessary information is available; and
(XI) Consideration of emissions increases from construction-related congestion is not specifically required.
(B) Highway Performance Monitoring System (HPMS) estimates of vehicle miles traveled shall be considered the primary measure of vehicle miles traveled within the portion of the nonattainment or maintenance area and for the functional classes of roadways included in
HPMS, for urban areas which are sampled on a separate urban area basis. A factor (or factors) shall be developed to reconcile and calibrate the network-based model estimates of vehicle miles traveled in the base year of its validation to the HPMS estimates for the same period, and these factors shall be applied to model estimates of future vehicle miles traveled. In this factoring process, consideration will be given to differences in the facility coverage of the HPMS and the modeled network description. Departure from these procedures is permitted with the concurrence of DOT and EPA.
(C) Reasonable methods shall be used to estimate nonattainment area vehicle travel on off-network roadways within the urban transportation planning area, and on roadways outside the urban transportation planning area.
(D) Reasonable methods in accordance with good practice must be used to estimate traffic speeds and delays in a manner that is sensitive to the estimated volume of travel on each roadway segment represented in the network model.
(E) Ambient temperatures shall be consistent with those used to establish the emissions budget in the applicable implementation plan. Factors other than temperatures, for example the fraction of travel in a hot stabilized engine mode, may be modified after interagency consultation according to Section 31(e) if the newer estimates incorporate additional or more geographically specific information or represent a logically estimated trend in such factors beyond the period considered in the applicable implementation plan.
(iii) Areas which are not serious, severe, or extreme ozone nonattainment areas or serious carbon monoxide areas, or before January 1, 1995.
(A) Procedures which satisfy some or all of the requirements of paragraph (i) of this section shall be used in all areas not subject to paragraph (i) of this section in which those procedures have been the previous practice of the MPO.
(B) Regional emissions may be estimated by methods which do not explicitly or comprehensively account for the influence of land use and transportation infrastructure on vehicle miles traveled and traffic speeds and congestion. Such methods must account for VMT growth by extrapolating historical VMT or projecting future VMT by considering growth in population and historical growth trends for vehicle miles travelled per person. These methods must also consider future economic activity, transit alternatives, and transportation system policies.
(iv) Projects not from a conforming plan and TIP in isolated rural nonattainment and maintenance areas. This paragraph applies to any nonattainment or maintenance area or any portion thereof which does not have a metropolitan transportation plan or TIP and whose projects are not part of the emissions analysis of any MPO's metropolitan transportation plan or TIP (because the nonattainment or maintenance area or portion thereof does not contain a metropolitan planning area or portion of a metropolitan planning area and is not part of a Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area which is or contains a nonattainment or maintenance area).
(A) Conformity demonstrations for projects in these areas may satisfy the requirements of Section 31(t), (x), (aa) with one regional emissions analysis which includes all the regionally significant projects in the nonattainment or maintenance area (or portion thereof).
(B) The requirements of Section 31(t) shall be satisfied according to the procedures in Section 31(t)(iii), with references to the 'transportation plan' taken to mean the statewide transportation plan.
(C) The requirements of Section 31(x) and (aa) which reference 'transportation plan' or 'TIP' shall be taken to mean those projects in the statewide transportation plan or statewide TIP which are in the nonattainment or maintenance area (or portion thereof).
(D) The requirement of Section 31(cc)(ii) shall be satisfied if:
(I) The project is included in the regional emissions analysis which includes all regionally significant highway and transportation projects in the nonattainment or maintenance area (or portion thereof) and supports the most recent conformity determination made according to the requirements of Section 31(t), (x), or (aa) (as modified by paragraphs (iv)(B) and (iv)(C) of this section), as appropriate for the time period and pollutant; and
(II) The project's design concept and scope have not changed significantly from those which were included in the regional emissions analysis, or in a manner which would significantly impact use of the facility.
(A) For areas in which the implementation plan does not identify construction-related fugitive PM10 as a contributor to the nonattainment problem, the fugitive PM10 emissions associated with highway and transit project construction are not required to be considered in the regional emissions analysis.
(B) In PM10 nonattainment and maintenance areas with implementation plans which identify construction-related fugitive PM10 as a contributor to the nonattainment problem, the regional PM10 emissions analysis shall consider construction-related fugitive PM10 and shall account for the level of construction activity, the fugitive PM10 control measures in the applicable implementation plan, and the dust-producing capacity of the proposed activities.
(i) In the following cases, CO hot-spot analyses must be based on the applicable air quality models, data bases, and other requirements specified in 40 CFR part 51 Appendix W ('Guideline on Air Quality Models (Revised)' (1988), supplement A (1987) and supplement B (1993), EPA publication no. 450/2-78-027R), unless, after the interagency consultation process described in Section 31(e) and with the approval of the EPA Regional Administrator, these models, data bases, and other requirements are determined to be inappropriate:
(A) For projects in or affecting locations, areas, or categories of sites which are identified in the applicable implementation plan as sites of current violation or possible current violation;
(B) For those intersections at Level-of-Service D, E, or F, or those that will change to Level-of-Service D, E, or F because of increased traffic volumes related to a new project in the vicinity;
(C) For any project involving or affecting any of the intersections which the applicable implementation plan identifies as the top three intersections in the nonattainment or maintenance area based on the highest traffic volumes;
(D) For any project involving or affecting any of the intersections which the applicable implementation plan identifies as the top three intersections in the nonattainment or maintenance area based on the worst Level-of-Service; and
(E) Where use of the 'Guideline' models is practicable and reasonable given the potential for violations.
(ii) In cases other than those described in paragraph (i) of this section, other quantitative methods may be used if they represent reasonable and common professional practice.
(iii) CO hot-spot analyses must include the entire project, and may be performed only after the major design features which will significantly impact CO concentrations have been identified. The background concentration can be estimated using the ratio of future to current traffic multiplied by the ratio of future to current emission factors.
(iv) PM10 hot-spot analysis must be performed for projects which are located at sites at which violations have been verified by monitoring, and at sites which have essentially identical vehicle and roadway emission and dispersion characteristics (including sites near one at which a violation has been monitored). The projects which require PM-10 hot-spot analysis shall be determined through the interagency consultation process required in Section 31(e). In PM-10 nonattainment and maintenance areas, new or expanded bus and rail terminals and transfer points which increase the number of diesel vehicles congregating at a single location require hot-spot analysis. DOT may choose to make a categorical conformity determination on bus and rail terminals or transfer points based on appropriate modeling of various terminal sizes, configurations, and activity levels. The requirements of this paragraph for quantitative hot-spot analysis will not take effect until EPA releases modeling guidance on this subject and announces in the Federal Register that these requirements are in effect.
(v) Hot-spot analysis assumptions must be consistent with those in the regional emissions analysis for those inputs which are required for both analyses.
(vi) PM10 or CO mitigation or control measures shall be assumed in the hot-spot analysis only where there are written commitments from the project sponsor and/or operator to the implementation of such measures, as required by Section 31(gg)(i).
(vii) CO and PM10 hot-spot analyses are not required to consider construction-related activities which cause temporary increases in emissions. Each site which is affected by construction-related activities shall be considered separately, using established 'Guideline' methods. Temporary increases are defined as those which occur only during the construction phase and last five years or less at any individual site.
(i) In interpreting an applicable implementation plan (or implementation plan submission) with respect to its motor vehicle emissions budget(s), the MPO and DOT may not infer additions to the budget(s) that are not explicitly intended by the implementation plan (or submission). Unless the implementation plan explicitly quantifies the amount by which motor vehicle emissions could be higher while still allowing a demonstration of compliance with the milestone, attainment, or maintenance requirement and explicitly states an intent that some or all of this additional amount should be available to the MPO and DOT in the emission budget for conformity purposes, the MPO may not interpret the budget to be higher than the implementation plan's estimate of future emissions. This applies in particular to applicable implementation plans (or submissions) which demonstrate that after implementation of control measures in the implementation plan:
(A) Emissions from all sources will be less than the total emissions that would be consistent with a required demonstration of an emissions reduction milestone;
(B) Emissions from all sources will result in achieving attainment prior to the attainment deadline and/or ambient concentrations in the attainment deadline year will be lower than needed to demonstrate attainment; or (C) Emissions will be lower than needed to provide for continued maintenance.
(ii) If an applicable implementation plan submitted before November 24, 1993 demonstrates that emissions from all sources will be less than the total emissions that would be consistent with attainment and quantifies that 'safety margin,' the State may submit a SIP revision which assigns some or all of this safety margin to highway and transit mobile sources for the purposes of conformity. Such a SIP revision, once it is endorsed by the Governor and has been subject to a public hearing, may be used for the purposes of transportation conformity before it is approved by EPA.
(iii) A conformity demonstration shall not trade emissions among budgets which the applicable implementation plan (or implementation plan submission) allocates for different pollutants or precursors, or among budgets allocated to motor vehicles and other sources, without a SIP revision or a SIP which establishes mechanisms for such trades.
(iv) If the applicable implementation plan (or implementation plan submission) estimates future emissions by geographic subarea of the nonattainment area, the MPO and DOT are not required to consider this to establish subarea budgets, unless the applicable implementation plan (or implementation plan submission) explicitly indicates an intent to create such subarea budgets for the purposes of conformity.
(v) If a nonattainment area includes more than one MPO, the SIP may establish motor vehicle emissions budgets for each MPO, or else the MPOs must collectively make a conformity determination for the entire nonattainment area.
(i) Prior to determining that a transportation project is in conformity, the MPO, other recipient of funds designated under title 23 U.S.C. or the Federal Transit Act, FHWA, or FTA must obtain from the project sponsor and/or operator written commitments to implement in the construction of the project and operation of the resulting facility or service any project-level mitigation or control measures which are identified as conditions for NEPA process completion with respect to local PM10 or CO impacts. Before making conformity determinations written commitments must also be obtained for project-level mitigation or control measures which are conditions for making conformity determinations for a transportation plan or TIP and included in the project design concept and scope which is used in the regional emissions analysis required by Section 31(r - t) and Section 31(v - x) or used in the project-level hot-spot analysis required by Section 31(p) and (u).
(ii) Project sponsors voluntarily committing to mitigation measures to facilitate positive conformity determinations must comply with the obligations of such commitments.
(iii) The implementation plan revision required in 40 CFR part 51 subpart T shall provide that written commitments to mitigation measures must be obtained prior to a positive conformity determination, and that project sponsors must comply with such commitments.
(iv) During the control strategy and maintenance periods, if the MPO or project sponsor believes the mitigation or control measure is no longer necessary for conformity, the project sponsor or operator may be relieved of its obligation to implement the mitigation or control measure if it can demonstrate that the requirements of Section 31(p), (r), and (s) are satisfied without the mitigation or control measure, and so notifies the agencies involved in the interagency consultation process required under Section 31(e). The MPO and DOT must confirm that the transportation plan and TIP still satisfy the requirements of Section 31(r) and (s) and that the project still satisfies the requirements of Section 31(p), and therefore that the conformity determinations for the transportation plan, TIP, and project are still valid.
(hh) Exempt Projects. Notwithstanding the other requirements of this subpart, highway and transit projects of the types listed in Table 2 are exempt from the requirement that a conformity determination be made.
Such projects may proceed toward implementation even in the absence of a conforming transportation plan and TIP. A particular action of the type listed in Table 2 is not exempt if the MPO in consultation with other agencies (see Section 31(e)), the EPA, and the FHWA (in the case of a highway project) or the FTA (in the case of a transit project) concur that it has potentially adverse emissions impacts for any reason. States and MPOs must ensure that exempt projects do not interfere with TCM implementation.
Table 2. - Exempt Projects
Railroad/highway crossing Hazard elimination program Safer non-Federal-aid system roads Shoulder improvements Increasing sight distance Safety improvement program Traffic control devices and operating assistance other than signalization projects Railroad/highway crossing warning devices Guardrails, median barriers, crash cushions Pavement resurfacing and/or rehabilitation Pavement marking demonstration Emergency relief (23 U.S.C. 125) Fencing
Skid treatments Safety roadside rest areas Adding medians Truck climbing lanes outside the urbanized area Lighting improvements Widening narrow pavements or reconstructing bridges (no additional travel lanes) Emergency truck pullovers
Table 2. - Exempt Projects (Continued)
Operating assistance to transit agencies Purchase of support vehicles Rehabilitation of transit vehicles¹ Purchase of office, shop, and operating equipment for existing facilities Purchase of operating equipment for vehicles (e.g., radios, fareboxes, lifts, etc.) Construction or renovation of power, signal, and communications systems Construction of small passenger shelters and information kiosks Reconstruction or renovation of transit buildings and structures (e.g., rail or bus buildings, storage and maintenance facilities, stations, terminals, and ancillary structures) Rehabilitation or reconstruction of track structures, track, and trackbed in existing rights-of-way Purchase of new buses and rail cars to replace existing vehicles or for minor expansions of the fleet¹ Construction of new bus or rail storage/maintenance facilities categorically excluded in 23 CFR 771
Continuation of ride-sharing and van-pooling promotion activities at current levels Bicycle and pedestrian facilities
Specific activities which do not involve or lead directly to construction, such as: Planning and technical studies Grants for training and research programs Planning activities conducted pursuant to titles 23 and 49 U.S.C Federal-aid systems revisions Engineering to assess social, economic, and environmental effects of the proposed action or alternatives to that action Noise attenuation Advance land acquisitions (23 CFR 712 or 23 CFR 771) Acquisition of scenic easements Plantings, landscaping, etc.
Sign removal
Directional and informational signs
Transportation enhancement activities (except rehabilitation and operation of historic transportation buildings, structures, or facilities)
Repair of damage caused by natural disasters, civil unrest, or terrorist acts, except projects involving substantial functional, locational or capacity changes
¹In PM₁₀ nonattainment or maintenance areas, such projects are exempt only if they are in compliance with control measures in the applicable implementation plan.
(ii) Projects exempt from regional emissions analyses.
Notwithstanding the other requirements of this subpart, highway and transit projects of the types listed in Table 3 are exempt from regional emissions analysis requirements. The local effects of these projects with respect to CO or PM₁₀ concentrations must be considered to determine if a hot-spot analysis is required prior to making a project-level conformity determination. These projects may then proceed to the project development process even in the absence of a conforming transportation plan and TIP.
A particular action of the type listed in Table 3 is not exempt from regional emissions analysis if the MPO in consultation with other agencies (see Section 31(e)), the EPA, and the FHWA (in the case of a highway project) or the FTA (in the case of a transit project) concur that it has potential regional impacts for any reason.
Table 3. - Projects Exempt From Regional Emissions Analyses
Intersection channelization projects Intersection signalization projects at individual intersections Interchange reconfiguration projects Changes in vertical and horizontal alignment Truck size and weight inspection stations Bus terminals and transfer points
(jj) Special provisions for nonattainment areas which are not required to demonstrate reasonable further progress and attainment.
(i) Application. This section applies in the following areas:
(A) Rural transport ozone nonattainment areas; (B) Marginal ozone areas; (C) Submarginal ozone areas; (D) Transitional ozone areas;
(E) Incomplete data ozone areas;
(F) Moderate CO areas with a design value of 12.7 ppm or less; and
(G) Not classified CO areas.
(ii) Default conformity procedures. The criteria and procedures in Section 31(v - x) will remain in effect throughout the control strategy period for transportation plans, TIPs, and projects (not from a conforming plan and TIP) in lieu of the procedures in Section 31(r - t), except as otherwise provided in paragraph (iii) of this section.
(iii) Optional conformity procedures. The State or MPO may voluntarily develop an attainment demonstration and corresponding motor vehicle emissions budget like those required in areas with higher nonattainment classifications. In this case, the State must submit an implementation plan revision which contains that budget and attainment demonstration. Once EPA has approved this implementation plan revision, the procedures in Section 31(r - t) apply in lieu of the procedures in Section 31(v - x).
(i) No department, agency or instrumentality of the Federal Government shall engage in, support in any way or provide financial assistance for, license or permit, or approve any activity which does not conform to an applicable implementation plan.
(ii) A Federal agency must make a determination that a Federal action conforms to the applicable implementation plan in accordance with the requirements of this section before the action is taken.
(iii) Paragraph (ii) of this subsection, does not include Federal actions where either:
(A) A National Environmental Policy Act (NEPA) analysis was completed as evidenced by a final environmental assessment (EA), environmental impact statement (EIS), or finding of no significant impact (FONSI) that was prepared prior to January 31, 1994,
(B) (I) Prior to January 31, 1994, an EA was commenced or a contract was awarded to develop the specific environmental analysis,
(II) Sufficient environmental analysis is completed by March 15, 1994 so that the Federal agency may determine that the Federal action is in conformity with the specific requirements and the purposes of the applicable SIP pursuant to the agency's affirmative obligation under §176(c) of the Clean Air Act (CAA), and
(III) A written determination of conformity under §176(c) of the CAA has been made by the Federal agency responsible for the Federal action by March 15, 1994.
(iv) Notwithstanding any provision of this section, a determination that an action is in conformance with the applicable implementation plan does not exempt the action from any other requirements of the applicable implementation plan, the NEPA, or the CAA.
(b) Definitions. Terms used but not defined in this part shall have the meaning given them by the CAA and EPA's regulations, (40 CFR chapter I), in that order of priority.
(i) 'Affected Federal land manager' means the Federal agency or the Federal official charged with direct responsibility for management of an area designated as Class I under the CAA (42 U.S.C. 7472) that is located within 100 km of the proposed Federal action.
(ii) 'Applicable implementation plan or applicable SIP' means the portion (or portions) of the SIP or most recent revision thereof, which has been approved under §110 of the CAA, or promulgated under §110(c) of the CAA (Federal implementation plan), or promulgated or approved pursuant to regulations promulgated under §301(d) of the CAA and which implements the relevant requirements of the CAA.
(iii) 'Areawide air quality modeling analysis' means an assessment on a scale that includes the entire nonattainment or maintenance area which uses an air quality dispersion model to determine the effects of emissions on air quality.
(iv) 'CAA' means the Clean Air Act, as amended.
(v) 'Cause or contribute to a new violation' means a Federal action that:
(A) Causes a new violation of a national ambient air quality standard (NAAQS) at a location in a nonattainment or maintenance area which would otherwise not be in violation of the standard during the future period in question if the Federal action were not taken, or
(B) Contributes, in conjunction with other reasonably foreseeable actions, to a new violation of a NAAQS at a location in a nonattainment or maintenance area in a manner that would increase the frequency or severity of the new violation.
(vi) 'Caused by', as used in the terms 'direct emissions' and 'indirect emissions,' means emissions that would not otherwise occur in the absence of the Federal action.
(vii) 'Criteria pollutant or standard' means any pollutant for which there is established a NAAQS at 40 CFR part 50.
(viii) 'Direct emissions' means those emissions of a criteria pollutant or its precursors that are caused or initiated by the Federal action and occur at the same time and place as the action.
(ix) 'Emergency' means a situation where extremely quick action on the part of the Federal agencies involved is needed and where the timing of such Federal activities makes it impractical to meet the requirements of this section, such as natural disasters like hurricanes or earthquakes, civil disturbances such as terrorist acts, and military mobilizations.
(x) 'Emissions budgets' are those portions of the applicable SIP's projected emissions inventories that describe the levels of emissions (mobile, stationary, area, etc.) that provide for meeting reasonable further progress milestones, attainment, and/or maintenance for any criteria pollutant or its precursors.
(xi) 'Emission offsets', for purposes of Subsection (h), are emissions reductions which are quantifiable, consistent with the applicable SIP attainment and reasonable further progress demonstrations, surplus to reductions required by, and credited to, other applicable SIP provisions, enforceable at both the State and Federal levels, and permanent within the time frame specified by the program.
(xii) 'Emissions that a Federal agency has a continuing program responsibility for' means emissions that are specifically caused by an agency carrying out its authorities, and does not include emissions that occur due to subsequent activities, unless such activities are required by the Federal agency. Where an agency, in performing its normal program responsibilities, takes actions itself or imposes conditions that result in air pollutant emissions by a non-Federal entity taking subsequent actions, such emissions are covered by the meaning of a continuing program responsibility.
(xiii) 'EPA' means the Environmental Protection Agency.
(xiv) 'Federal action' means any activity engaged in by a department, agency, or instrumentality of the Federal government, or any activity that a department, agency or instrumentality of the Federal government supports in any way, provides financial assistance for, licenses, permits, or approves, other than activities related to transportation plans, programs, and projects developed, funded, or approved under title 23 U.S.C. or the Federal Transit Act (49 U.S.C. 1601 et seq.). Where the Federal action is a permit, license, or other approval for some aspect of a non-Federal undertaking, the relevant activity is the part, portion, or phase or the non-Federal undertaking that requires the Federal permit, license, or approval.
(xv) 'Federal agency' means, for purposes of this section, a Federal department, agency, or instrumentality of the Federal government.
(xvi) 'Increase the frequency or severity of any existing violation of any standard in any area' means to cause a nonattainment area to exceed a standard more often or to cause a violation at a greater concentration than previously existed and/or would otherwise exist during the future period in question, if the project were not implemented.
(xvii) 'Indirect emissions' means those emissions of a criteria pollutant or its precursors that:
(A) Are caused by the Federal action, but may occur later in time and/or may be farther removed in distance from the action itself but are still reasonably foreseeable, and
(B) The Federal agency can practicably control and will maintain control over due to a continuing program responsibility of the Federal agency.
(xviii) 'Local air quality modeling analysis' means an assessment of localized impacts on a scale smaller than the entire nonattainment or maintenance area, including, for example, congested roadway intersections and highways or transit terminals, which uses an air quality dispersion model to determine the effects of emissions on air quality.
(xix) 'Maintenance area' means any geographic region of the United States previously designated nonattainment pursuant to the CAA Amendments of 1990 and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan under §175A of the CAA.
(xx) 'Maintenance plan' means a revision to the applicable SIP, meeting the requirements of §175A of the CAA.
(xxi) 'Metropolitan Planning Organization (MPO)' is that organization designated as being responsible, together with the State, for conducting the continuing, cooperative, and comprehensive planning process under 23 U.S.C. 134 and 49 U.S.C. 1607.
(xxii) 'Milestone' has the meaning given in §182(g)(1) and §189(c)(1) of the CAA. A milestone consists of an emissions level and the date on which it is required to be achieved.
(xxiii) 'National ambient air quality standards (NAAQS)' are those standards established pursuant to §109 of the CAA and include standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO₂), ozone, particulate matter (PM-10), and sulfur dioxide (SO₂).
(xxiv) 'NEPA' is the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.).
(xxv) 'Nonattainment Area (NAA)' means any geographic area of the United States which has been designated as nonattainment under §107 of the CAA and described in 40 CFR part 81.
(xxvi) 'Precursors of a criteria pollutant' are:
(A) For ozone, nitrogen oxides (NOx), unless an area is exempted from NOx requirements under §182(f) of the CAA, and volatile organic compounds (VOC) and
(B) For PM-10, those pollutants described in the PM-10 nonattainment area applicable SIP as significant contributors to the PM-10 levels.
(xxvii) 'Reasonably foreseeable emissions' are projected future indirect emissions that are identified at the time the conformity determination is made; the location of such emissions is known and the emissions are quantifiable, as described and documented by the Federal agency based on its own information and after reviewing any information presented to the Federal agency.
(xxviii) 'Regional water and/or wastewater projects' include construction, operation, and maintenance of water or wastewater conveyances, water or wastewater treatment facilities, and water storage reservoirs which affect a large portion of a nonattainment or maintenance area.
(xxix) 'Regionally significant action' means a Federal action for which the direct and indirect emissions of any pollutant represent 10 percent or more of a nonattainment or maintenance area's emissions inventory for that pollutant.
(xxx) 'Total of direct and indirect emissions' means the sum of direct and indirect emissions increases and decreases caused by the Federal action; i.e., the 'net' emissions considering all direct and indirect emissions. The portion of emissions which are exempt or presumed to conform under Subsection (c), (iii), (iv), (v), or (vi) are not included in the 'total of direct and indirect emissions.' The 'total of direct and indirect emissions' includes emissions of criteria pollutants and emissions of precursors of criteria pollutants.
(i) Conformity determinations for Federal actions related to transportation plans, programs, and projects developed, funded, or approved under title 23 U.S.C. or the Federal Transit Act (49 U.S.C. 1601 et seq.) must meet the procedures and criteria of Section 31, in lieu of the procedures set forth in this section.
(ii) For Federal actions not covered by paragraph (i) of this subsection, a conformity determination is required for each pollutant where the total of direct and indirect emissions in a nonattainment or maintenance area caused by a Federal action would equal or exceed any of the rates in paragraphs (ii)(A) or (B) of this subsection.
(A) For purposes of paragraph (ii) of this subsection, the following rates apply in nonattainment areas (NAAs):
| Tons/Year | |
|---|---|
| Ozone (VOC's or NOx) | |
| Serious NAA's | 50 |
| Severe NAA's | 25 |
| Extreme NAA's | 10 |
| Other ozone NAA's outside an ozone transport region | 100 |
| Marginal and moderate NAA's inside an ozone transport region: | |
| VOC | 50 |
| NOx | 100 |
| Carbon monoxide | |
| All NAA's | 100 |
| SO2 or NO2 | |
| All NAA's | 100 |
| PM-10 | |
| Moderate NAA's | 100 |
| Serious NAA's | 70 |
| Pb | |
| All NAA's | 25 |
(B) For purposes of paragraph (ii) of this subsection, the following rates apply in maintenance areas:
| Tons/Year | |
|---|---|
| Ozone (NOx), SO2 or NO2 | |
| All Maintenance Areas | 100 |
| Ozone (VOC's) | |
| Maintenance areas inside an ozone transport region | 50 |
| Maintenance areas outside an ozone transport region | 100 |
| Carbon monoxide | |
| All maintenance areas | 100 |
| PM-10 | |
| All maintenance areas | 100 |
| Pb | |
| All maintenance areas | 25 |
(iii) The requirements of this section shall not apply to:
(A) Actions where the total of direct and indirect emissions are below the emissions levels specified in paragraph (ii) of this subsection.
(B) The following actions which would result in no emissions increase or an increase in emissions that is clearly de minimis:
(I) Judicial and legislative proceedings.
(II) Continuing and recurring activities such as permit renewals where activities conducted will be similar in scope and operation to activities currently being conducted.
(III) Rulemaking and policy development and issuance.
(IV) Routine maintenance and repair activities, including repair and maintenance of administrative sites, roads, trails, and facilities.
(V) Civil and criminal enforcement activities, such as investigations, audits, inspections, examinations, prosecutions, and the training of law enforcement personnel.
(VI) Administrative actions such as personnel actions, organizational changes, debt management or collection, cash management, internal agency audits, program budget proposals, and matters relating to the administration and collection of taxes, duties and fees.
(VII) The routine, recurring transportation of material and personnel.
(VIII) Routine movement of mobile assets, such as ships and aircraft, in home port reassignments and stations (when no new support facilities or personnel are required) to perform as operational groups and/or for repair or overhaul.
(IX) Maintenance dredging and debris disposal where no new depths are required, applicable permits are secured, and disposal will be at an approved disposal site.
(X) Actions, such as the following, with respect to existing structures, properties, facilities and lands where future activities conducted will be similar in scope and operation to activities currently being conducted at the existing structures, properties, facilities, and lands; for example, relocation of personnel, disposition of federally-owned existing structures, properties, facilities, and lands, rent subsidies, operation and maintenance cost subsidies, the exercise of receivership or conservatorship authority, assistance in purchasing structures, and the production of coins and currency.
(XI) The granting of leases, licenses such as for exports and trade, permits, and easements where activities conducted will be similar in scope and operation to activities currently being conducted.
(XII) Planning, studies, and provision of technical assistance.
(XIII) Routine operation of facilities, mobile assets and equipment.
(XIV) Transfers of ownership, interests, and titles in land, facilities, and real and personal properties, regardless of the form or method of the transfer.
(XV) The designation of empowerment zones, enterprise communities, or viticultural areas.
(XVI) Actions by any of the Federal banking agencies or the Federal Reserve Banks, including actions regarding charters, applications, notices, licenses, the supervision or examination of depository institutions or depository institution holding companies, access to the discount window, or the provision of financial services to banking organizations or to any department, agency or instrumentality of the United States.
(XVII) Actions by the Board of Governors of the Federal Reserve System or any Federal Reserve Bank to effect monetary or exchange rate policy.
(XVIII) Actions that implement a foreign affairs function of the United States.
(XIX) Actions (or portions thereof) associated with transfers of land, facilities, title, and real properties through an enforceable contract or lease agreement where the delivery of the deed is required to occur promptly after a specific, reasonable condition is met, such as promptly after the land is certified as meeting the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and where the Federal agency does not retain continuing authority to control emissions associated with the lands, facilities, title, or real properties.
(XX) Transfers of real property, including land, facilities, and related personal property from a Federal entity to another Federal entity and assignments of real property, including land, facilities, and related personal property from a Federal entity to another Federal entity for subsequent deeding to eligible applicants.
(XXI) Actions by the Department of the Treasury to effect fiscal policy and to exercise the borrowing authority of the United States.
(C) Actions where the emissions are not reasonably foreseeable, such as the following:
(I) Initial Outer Continental Shelf lease sales which are made on a broad scale and are followed by exploration and development plans on a project level.
(II) Electric power marketing activities that involve the acquisition, sale and transmission of electric energy.
(D) Actions which implement a decision to conduct or carry out a conforming program such as prescribed burning actions which are consistent with a conforming land management plan.
(iv) Notwithstanding the other requirements of this section, a conformity determination is not required for the following Federal actions (or portion thereof):
(A) The portion of an action that includes major new or modified stationary sources that require a permit under the new source review (NSR) program (§173 of the CAA) or the prevention of significant deterioration (PSD) program (title I, part C of the CAA).
(B) Actions in response to emergencies or natural disasters such as hurricanes, earthquakes, etc., which are commenced on the order of hours or days after the emergency or disaster and, if applicable, which meet the requirements of paragraph (v) of this subsection;
(C) Research, investigations, studies, demonstrations, or training (other than those exempted under paragraph (iii) (B) of this subsection), where no environmental detriment is incurred and/or, the particular action furthers air quality research, as determined by the State agency primarily responsible for the applicable SIP;
(D) Alteration and additions of existing structures as specifically required by new or existing applicable environmental legislation or environmental regulations (e.g., hush houses for aircraft engines and scrubbers for air emissions).
(E) Direct emissions from remedial and removal actions carried out under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and associated regulations to the extent such emissions either comply with the substantive requirements of the PSD/NSR permitting program or are exempted from other environmental regulation under the provisions of CERCLA and applicable regulations issued under CERCLA.
(v) Federal actions which are part of a continuing response to an emergency or disaster under paragraph (iv)(B) of this subsection and which are to be taken more than 6 months after the commencement of the response to the emergency or disaster under paragraph (iv)(B) of this subsection are exempt from the requirements of this section only if:
(A) The Federal agency taking the actions makes a written determination that, for a specified period not to exceed an additional 6 months, it is impractical to prepare the conformity analyses which would otherwise be required and the actions cannot be delayed due to overriding concerns for public health and welfare, national security interests and foreign policy commitments; or
(B) For actions which are to be taken after those actions covered by paragraph (v)(A) of this subsection, the Federal agency makes a new determination as provided in paragraph (v)(A) of this subsection.
(vi) Notwithstanding other requirements of this section, actions specified by individual Federal agencies that have met the criteria set forth in either paragraph (vii)(A) or (vii)(B) of this subsection and the procedures set forth in paragraph (viii) of this subsection are presumed to conform, except as provided in paragraph (x) of this subsection.
(vii) The Federal agency must meet the criteria for establishing activities that are presumed to conform by fulfilling the requirements set forth in either paragraph (vii)(A) or (vii)(B) of this subsection:
(A) The Federal agency must clearly demonstrate using methods consistent with this section that the total of direct and indirect emissions from the type of activities which would be presumed to conform would not:
(I) Cause or contribute to any new violation of any standard in any area;
(II) Interfere with provisions in the applicable SIP for maintenance of any standard;
(III) Increase the frequency or severity of any existing violation of any standard in any area; or
(IV) Delay timely attainment of any standard or any required interim emission reductions or other milestones in any area including, where applicable, emission levels specified in the applicable SIP for purposes of:
(1.) A demonstration of reasonable further progress;
(2.) A demonstration of attainment; or
(3.) A maintenance plan; or
(B) The Federal agency must provide documentation that the total of direct and indirect emissions from such future actions would be below the emission rates for a conformity determination that are established in paragraph (ii) of this subsection, based, for example, on similar actions taken over recent years.
(viii) In addition to meeting the criteria for establishing exemptions set forth in paragraphs (vii) (A) or (vii) (B) of this subsection, the following procedures must also be complied with to presume that activities will conform:
(A) The Federal agency must identify through publication in the Federal Register its list of proposed activities that are presumed to conform and the basis for the presumptions;
(B) The Federal agency must notify the appropriate EPA Regional Office(s), State and local air quality agencies and, where applicable, the agency designated under §174 of the CAA and the MPO and provide at least 30 days for the public to comment on the list of proposed activities presumed to conform;
(C) the Federal agency must document its response to all the comments received and make the comments, response, and final list of activities available to the public upon request; and
(D) the Federal agency must publish the final list of such activities in the Federal Register.
(ix) Notwithstanding the other requirements of this section, when the total of direct and indirect emissions of any pollutant from a Federal action does not equal or exceed the rates specified in paragraph (ii) of this subsection, but represents 10 percent or more of a nonattainment or maintenance area's total emissions of that pollutant, the action is defined as a regionally significant action and the requirements of Subsection (a) and Subsections (e) through (j) shall apply for the Federal action.
(x) Where an action otherwise presumed to conform under paragraph (vi) of this subsection is a regionally significant action or does not in fact meet one of the criteria in paragraph (vii)(A) of this subsection, that action shall not be presumed to conform and the requirements of Subsection (a) and Subsections (e) through (j) shall apply for the Federal action.
(xi) The provisions of this section shall apply in all nonattainment and maintenance areas.
(d) Conformity analysis. Any Federal department, agency, or instrumentality of the Federal government taking an action subject to this section must make its own conformity determination consistent with the requirements of this section. In making its conformity determination, a Federal agency must consider comments from any interested parties. Where multiple Federal agencies have jurisdiction for various aspects of a project, a Federal agency may choose to adopt the analysis of another Federal agency or develop its own analysis in order to make its conformity determination.
(i) A Federal agency making a conformity determination under Subsection (h) must provide to the appropriate EPA Regional Office(s), State and local air quality agencies and, where applicable, affected Federal land managers, the agency designated under §174 of the CAA and the MPO a 30 day notice which describes the proposed action and the Federal agency's draft conformity determination on the action.
(ii) A Federal agency must notify the appropriate EPA Regional Office(s), State and local air quality agencies and, where applicable, affected Federal land managers, the agency designated under §174 of the Clean Air Act and the MPO within 30 days after making a final conformity determination under Subsection (h).
(i) Upon request by any person regarding a specific Federal action, a Federal agency must make available for review its draft conformity determination under Subsection (h) with supporting materials which describe the analytical methods and conclusions relied upon in making the applicability analysis and draft conformity determination.
(ii) A Federal agency must make public its draft conformity determination under Subsection (h) by placing a notice by prominent advertisement in a daily newspaper of general circulation in the area affected by the action and by providing 30 days for written public comment prior to taking any formal action on the draft determination. This comment period may be concurrent with any other public involvement, such as occurs in the NEPA process.
(iii) A Federal agency must document its response to all the comments received on its draft conformity determination under Subsection (h) and make the comments and responses available, upon request by any person regarding a specific Federal action, within 30 days of the final conformity determination.
(iv) A Federal agency must make public its final conformity determination under Subsection (h) for a Federal action by placing a notice by prominent advertisement in a daily newspaper of general circulation in the area affected by the action within 30 days of the final conformity determination.
(i) The conformity status of a Federal action automatically lapses 5 years from the date a final conformity determination is reported under Subsection (e), unless the Federal action has been completed or a continuous program has been commenced to implement that Federal action within a reasonable time.
(ii) Ongoing Federal activities at a given site showing continuous progress are not new actions and do not require periodic redeterminations so long as such activities are within the scope of the final conformity determination reported under Subsection (e).
(iii) If, after the conformity determination is made, the Federal action is changed so that there is an increase in the total of direct and indirect emissions above the levels in Subsection (c)(ii), a new conformity determination is required.
(i) An action required under Subsection (c) to have a conformity determination for a specific pollutant, will be determined to conform to the applicable SIP if, for each pollutant that exceeds the rates in Subsection (c)(ii), or otherwise requires a conformity determination due to the total of direct and indirect emissions from the action, the action meets the requirements of paragraph (iii) of this subsection, and meets any of the following requirements:
(A) For any criteria pollutant, the total of direct and indirect emissions from the action are specifically identified and accounted for in the applicable SIP's attainment or maintenance demonstration;
(B) For ozone or nitrogen dioxide, the total of direct and indirect emissions from the action are fully offset within the same nonattainment or maintenance area through a revision to the applicable SIP or a similarly enforceable measure that effects emission reductions so that there is no net increase in emissions of that pollutant;
(C) For any criteria pollutant, except ozone and nitrogen dioxide, the total of direct and indirect emissions from the action meet the requirements:
(I) Specified in paragraph (ii) of this subsection, based on areawide air quality modeling analysis and local air quality modeling analysis, or
(II) Meet the requirements of paragraph (i)(E) of this subsection and, for local air quality modeling analysis, the requirement of paragraph (ii) of this subsection;
(D) For CO or PM-10,
(I) Where the State agency primarily responsible for the applicable SIP determines that an areawide air quality modeling analysis is not needed, the total of direct and indirect emissions from the action meet the requirements specified in paragraph (ii) of this subsection, based on local air quality modeling analysis or
(II) Where the State agency primarily responsible for the applicable SIP determines that an areawide air quality modeling analysis is appropriate and that a local air quality modeling analysis is not needed, the total of direct and indirect emissions from the action meet the requirements specified in paragraph (ii) of this subsection, based on areawide modeling, or meet the requirements of paragraph (i)(E) of this subsection; or
(E) For ozone or nitrogen dioxide, and for purposes of paragraphs (i)(C)(II) and (i)(D)(II) of this subsection, each portion of the action or the action as a whole meets any of the following requirements:
(I) Where EPA has approved a revision to an area's attainment or maintenance demonstration after 1990 and the State makes a determination as provided in paragraph (i)(E)(I)(1.) of this subsection or where the State makes a commitment as provided in paragraph (i)(E)(I)(2.) of this subsection:
(1.) The total of direct and indirect emissions from the action (or portion thereof) is determined and documented by the State agency primarily responsible for the applicable SIP to result in a level of emissions which, together with all other emissions in the nonattainment (or maintenance) area, would not exceed the emissions budgets specified in the applicable SIP.
(2.) The total of direct and indirect emissions from the action (or portion thereof) is determined by the State agency responsible for the applicable SIP to result in a level of emissions which, together with all other emissions in the nonattainment (or maintenance) area, would exceed an emissions budget specified in the applicable SIP and the State Governor or the Governor's designee for SIP actions makes a written commitment to EPA which includes the following:
a. A specific schedule for adoption and submittal of a revision to the SIP which would achieve the needed emission reductions prior to the time emissions from the Federal action would occur;
b. Identification of specific measures for incorporation into the SIP which would result in a level of emissions which, together with all other emissions in the nonattainment or maintenance area, would not exceed any emissions budget specified in the applicable SIP;
c. A demonstration that all existing applicable SIP requirements are being implemented in the area for the pollutants affected by the Federal action, and that local authority to implement additional requirements has been fully pursued;
d. A determination that the responsible Federal agencies have required all reasonable mitigation measures associated with their action; and
e. Written documentation including all air quality analyses supporting the conformity determination.
(3.) Where a Federal agency made a conformity determination based on a State commitment under paragraph (i) (E) (I) (2.) of this subsection, such a State commitment is automatically deemed a call for a SIP revision by EPA under §110(k)(5) of the CAA, effective on the date of the Federal conformity determination and requiring response within 18 months or any shorter time within which the State commits to revise the applicable SIP;
(II) The action (or portion thereof), as determined by the MPO, is specifically included in a current transportation plan and transportation improvement program which have been found to conform to the applicable SIP under Section 31, or 40 CFR part 93, subpart A;
(III) The action (or portion thereof) fully offsets its emissions within the same nonattainment or maintenance area through a revision to the applicable SIP or an equally enforceable measure that effects emission reductions equal to or greater than the total of direct and indirect emissions from the action so that there is no net increase in emissions of that pollutant;
(IV) Where EPA has not approved a revision to the relevant SIP attainment or maintenance demonstration since 1990, the total of direct and indirect emissions from the action for the future years [described in Subsection (i) (iv)] do not increase emissions with respect to the baseline emissions;
(1.) The baseline emissions reflect the historical activity levels that occurred in the geographic area affected by the proposed Federal action during:
a. Calendar year 1990,
b. The calendar year that is the basis for the classification (or, where the classification is based on multiple years, the most representative year), if a classification is promulgated in 40 CFR part 81, or
c. The year of the baseline inventory in the PM-10 applicable SIP;
(2.) The baseline emissions are the total of direct and indirect emissions calculated for the future years [described in Subsection (i)(iv)] using the historic activity levels [described in paragraph (i)(E)(IV)(1.) of this subsection] and appropriate emission factors for the future years; or
(V) Where the action involves regional water and/or wastewater projects, such projects are sized to meet only the needs of population projections that are in the applicable SIP.
(ii) The areawide and/or local air quality modeling analyses must:
(A) Meet the requirements in Subsection (i) and
(B) Show that the action does not:
(I) Cause or contribute to any new violation of any standard in any area; or
(II) Increase the frequency or severity of any existing violation of any standard in any area.
(iii) Notwithstanding any other requirements of this subsection, an action subject to this section may not be determined to conform to the applicable SIP unless the total of direct and indirect emissions from the action is in compliance or consistent with all relevant requirements and milestones contained in the applicable SIP, such as elements identified as part of the reasonable further progress schedules, assumptions specified in the attainment or maintenance demonstration, prohibitions, numerical emission limits, and work practice requirements.
(iv) Any analyses required under this subsection must be completed, and any mitigation requirements necessary for a finding of conformity must be identified before the determination of conformity is made.
(i) The analyses required under this section must be based on the latest planning assumptions.
(A) All planning assumptions must be derived from the estimates of population, employment, travel, and congestion most recently approved by the MPO, or other agency authorized to make such estimates, where available.
(B) Any revisions to these estimates used as part of the conformity determination, including projected shifts in geographic location or level of population, employment, travel, and congestion, must be approved by the MPO or other agency authorized to make such estimates for the urban area.
(ii) The analyses required under this section must be based on the latest and most accurate emission estimation techniques available as described below, unless such techniques are inappropriate. If such techniques are inappropriate and written approval of the EPA Regional Administrator is obtained for any modification or substitution, they may be modified or another technique substituted on a case-by-case basis or, where appropriate, on a generic basis for a specific Federal agency program.
(A) For motor vehicle emissions, the most current version of the motor vehicle emissions model specified by EPA and available for use in the preparation or revision of SIPs in that State must be used for the conformity analysis as specified in paragraphs (ii) (A) (I) and (II) of this subsection:
(I) The EPA must publish in the Federal Register a notice of availability of any new motor vehicle emissions model; and
(II) A grace period of three months shall apply during which the motor vehicle emissions model previously specified by EPA as the most current version may be used. Conformity analyses for which the analysis was begun during the grace period or no more than 3 years before the Federal Register notice of availability of the latest emission model may continue to use the previous version of the model specified by EPA.
(B) For non-motor vehicle sources, including stationary and area source emissions, the latest emission factors specified by EPA in the 'Compilation of Air Pollutant Emission Factors (AP-42)' must be used for the conformity analysis unless more accurate emission data are available, such as actual stack test data from stationary sources which are part of the conformity analysis.
(iii) The air quality modeling analyses required under this section must be based on the applicable air quality models, data bases, and other requirements specified in the most recent version of the 'Guideline on Air Quality Models (Revised)' (1986), including supplements (EPA publication no. 450/2-78-027R), unless:
(A) The guideline techniques are inappropriate, in which case the model may be modified or another model substituted on a case-by-case basis or, where appropriate, on a generic basis for a specific Federal agency program; and
(B) Written approval of the EPA Regional Administrator is obtained for any modification or substitution.
(iv) The analyses required under this section, except Subsection (h)(i)(A), must be based on the total of direct and indirect emissions from the action and must reflect emission scenarios that are expected to occur under each of the following cases:
(A) The CAA mandated attainment year or, if applicable, the farthest year for which emissions are projected in the maintenance plan;
(B) The year during which the total of direct and indirect emissions from the action is expected to be the greatest on an annual basis; and
(C) any year for which the applicable SIP specifies an emissions budget.
(i) Any measures that are intended to mitigate air quality impacts must be identified and the process for implementation and enforcement of such measures must be described, including an implementation schedule containing explicit timelines for implementation.
(ii) Prior to determining that a Federal action is in conformity, the Federal agency making the conformity determination must obtain written commitments from the appropriate persons or agencies to implement any mitigation measures which are identified as conditions for making conformity determinations.
(iii) Persons or agencies voluntarily committing to mitigation measures to facilitate positive conformity determinations must comply with the obligations of such commitments.
(iv) In instances where the Federal agency is licensing, permitting or otherwise approving the action of another governmental or private entity, approval by the Federal agency must be conditioned on the other entity meeting the mitigation measures set forth in the conformity determination.
(v) When necessary because of changed circumstances, mitigation measures may be modified so long as the new mitigation measures continue to support the conformity determination. Any proposed change in the mitigation measures is subject to the reporting requirements of Subsection (e) and the public participation requirements of Subsection (f).
(vi) The implementation plan revision required in 40 CFR Part 51, Subpart W shall provide that written commitments to mitigation measures must be obtained prior to a positive conformity determination and that such commitments must be fulfilled.
(vii) After a State revises its SIP to adopt its general conformity rules and EPA approves that SIP revision, any agreements, including mitigation measures, necessary for a conformity determination will be both State and federally enforceable. Enforceability through the applicable SIP will apply to all persons who agree to mitigate direct and indirect emissions associated with a Federal action for a conformity determination.
(a) General: The U.S. Environmental Protection Agency regulations on national emission standards for hazardous air pollutants (NESHAP), established pursuant to section 112 of the Act as amended November 15, 1990, are incorporated into these regulations. These standards regulate specific categories of stationary sources that emit (or have the potential to emit) one or more of the hazardous air pollutants listed pursuant to section 112(b) of the Act, and presented in subsection (d)(ii)(A)(I) of Section 33. The standards are designated in subsection 33(b), and amended by the word or phrase "substitutions" given in subsection 33(c). The specific documents containing the complete text of the regulations are given in Appendix III. The specific documents containing the complete text of the reference test methods are given in Appendices II and IV.
(b) Designated National Emission Standards for Hazardous Air Pollutants: The following standards for hazardous air pollutants are listed and designated as they are titled and appear in Appendix III:
| Subpart D - | Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants |
|---|---|
| Subpart F - | National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry |
| Subpart G - | National Emission Standards for Organic Hazardous Air Pollutants from Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater |
| Subpart H - | National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks |
| Subpart I - | National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks |
| Subpart M - | National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities |
| Subpart N - | National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks |
| Subpart Q - | National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers |
| Subpart R - | National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations) |
| Subpart T - | National Emission Standards for Halogenated Solvent Cleaning |
(c) Word or phrase substitutions: In the standards designated in Section 33(b) substitute:
(ii) Section 33(d) for 63.1.
(iii) Section 33(e) for 63.2.
(A) Terms used throughout Section 33 are defined in subsection (e) or in the Clean Air Act (Act) as amended in 1990, except that the individual subparts listed in subsection (b) and contained in Appendix III, may include specific definitions in addition to or that supersede definitions in subsection (e).
(B) No emission standard or other requirement established under this section shall be interpreted, construed, or applied to diminish or replace the requirements of a more stringent emission limitation or other applicable requirement established by EPA or the Administrator including the requirements in Section 22, New Source Performance Standards, or any standard defined in the WAQSR.
(C) The provisions of this section apply to owners or operators who are subject to subsequent subparts listed in Section 33(b), except when otherwise specified in a particular subpart or in a relevant standard. The provisions of Section 33 eliminate the repetition of requirements applicable to all owners or operators affected by this section. The provisions in Section 33 do not apply to regulations developed pursuant to section 112(r) of the amended Act, unless otherwise specified in those regulations.
(D) Subpart D of Appendix III contains regulations that address procedures for an owner or operator to obtain an extension of compliance with a relevant standard through an early reduction of emissions of hazardous air pollutants pursuant to section 112(i)(5) of the Act.
(E) For the purposes of this section, time periods specified in days shall be measured in calendar days, even if the word 'calendar' is absent, unless otherwise specified in an applicable requirement.
(F) For the purposes of this section, if an explicit postmark deadline is not specified in an applicable requirement for the submittal of a notification, application, test plan, report, or other written communication to the Administrator, the owner or operator shall postmark the submittal on or before the number of days specified in the applicable requirement. For example, if a notification must be submitted 15 days before a particular event is scheduled to take place, the notification shall be postmarked on or before 15 days preceding the event; likewise, if a notification must be submitted 15 days after a particular event takes place, the notification shall be postmarked on or before 15 days following the end of the event. The use of reliable non-Government mail carriers that provide indications of verifiable delivery of information required to be submitted to the Administrator, similar to the postmark provided by the U.S. Postal Service, or alternative means of delivery agreed to by the Administrator, is acceptable.
(G) Notwithstanding time periods or postmark deadlines specified in this section for the submittal of information to the Administrator by an owner or operator, or the review of such information by the Administrator, such time periods or deadlines may be changed by mutual agreement between the owner or operator and the Administrator. Procedures governing the implementation of this provision are specified in subsection 33(1)(ix).
(H) Special provisions set forth under an applicable subpart or in a relevant standard established under this section shall supersede any conflicting provisions of Section 33.
(I) Any standards, limitations, prohibitions, or other federally enforceable requirements established pursuant to procedural regulations in this section [including, but not limited to, equivalent emission limitations established pursuant to section 112(g) of the Act] shall have the force and effect of requirements established in this section and shall be subject to the provisions of Section 33, except when explicitly specified otherwise.
(A) The provisions of this section apply to the owner or operator of any stationary source that--
(I) Emits or has the potential to emit any hazardous air pollutant listed in or pursuant to section 112(b) of the Act, and identified below:
| CAS number | Chemical name | CAS number | Chemical name |
|---|---|---|---|
| 75070 | Acetaldehyde | 132649 | Dibenzofurans |
| 60355 | Acetamide | CAS number | Chemical name |
| 75058 | Acetonitrile | 96128 | 1,2-Dibromo-3-chloropropane |
| 98862 | Acetophenone | 84742 | Dibutylphthalate |
| 53963 | 2-Acetylaminofluorene | 106467 | 1,4-Dichlorobenzene(p) |
| 107028 | Acrolein | 91941 | 3,3-Dichlorobenzidene |
| 79061 | Acrylamide | 111444 | Dichloroethyl ether |
| 79107 | Acrylic acid | (Bis(2-chloroethyl) ether) | |
| 107131 | Acrylonitrile | 542756 | 1,3-Dichloropropene |
| 107051 | Allyl chloride | 62737 | Dichlorvos |
| 92671 | 4-Aminobiphenyl | 111422 | Diethanolamine |
| 62533 | Aniline | 121697 | N,N-Diethyl aniline |
| 90040 | o-Anisidine | (N,N-Dimethylaniline) | |
| 1332214 Asbestos | 64675 | Diethyl sulfate | |
| 71432 | Benzene (including benzene from gasoline) | 119904 | 3,3-Dimethoxybenzidine |
| 92875 | Benzidine | 60117 | Dimethyl aminoazobenzene |
| 98077 | enzotrichloride | 119937 | 3,3-Dimethyl benzidine |
| 100447 | Benzyl chloride | 79447 | Dimethyl carbamoyl chloride |
| 92524 | Biphenyl | 68122 | Dimethyl formamide |
| 117817 | Bis(2-ethylhexyl)phthalate (DEHP) | 57147 | 1,1-Dimethyl hydrazine |
| 542881 | Bis(chloromethyl)ether | 131113 | Dimethyl phthalate |
| 75252 | Bromoform | 77781 | Dimethyl sulfate |
| 106990 | 1,3-Butadiene | 534521 | 4,6-Dinitro-o-cresol, and salts |
| 156627 | Calcium cyanamide | 51285 | 2,4-Dinitrophenol |
| 105602 | Caprolactam | 121142 | 2,4-Dinitrotoluene |
| 133062 | Captan | 123911 | 1,4-Dioxane (1,4-Diethyleneoxide) |
| 63252 | Carbaryl | 122667 | 1,2-Diphenylhydrazine |
| 75150 | Carbon disulfide | 106898 | Epichlorohydrin |
| 56235 | Carbon tetrachloride | (1-Chloro-2,3-epoxypropane) | |
| 463581 | Carbonyl sulfide | 106887 | 1,2-Epoxybutane |
| 120809 | Catechol | 140885 | Ethyl acrylate |
| 133904 | Chloramben | 100414 | Ethyl benzene |
| 57749 | Chlordane | 51796 | Ethyl carbamate (Urethane) |
| 7782505 Chlorine | 75003 | Ethyl chloride (Chloroethane) | |
| 79118 | Chloroacetic acid | 106934 | Ethylene dibromide (Dibromoethane) |
| 532274 | 2-Chloroacetophenone | 107062 | Ethylene dichloride |
| 108907 | Chlorobenzene | (1,2-Dichloroethane) | |
| 510156 | Chlorobenzilate | 107211 | Ethylene glycol |
| 67663 | Chloroform | 151564 | Ethylene imine (Aziridine) |
| 107302 | Chloromethyl methyl ether | 75218 | Ethylene oxide |
| 126998 | Chloroprene | 96457 | Ethylene thiourea |
| 1319773 Cresols/Cresylic acid (isomers and mixture) | 75343 | Ethylidene dichloride | |
| 95487 | o-Cresol | (1,1-Dichloroethane) | |
| 108394 | m-Cresol | 50000 | Formaldehyde |
| 106445 | p-Cresol | 76448 | Heptachlor |
| 98828 | Cumene | 118741 | Hexachlorobenzene |
| 94757 | 2,4-D, salts and esters | 87683 | Hexachlorobutadiene |
| 3547044 DDE | 77474 | Hexachlorocyclopentadiene | |
| 334883 | Diazomethane | 67721 | Hexachloroethane |
| 822060 | Hexamethylene-1, 6-diisocyanate | ||
| 680319 | Hexamethylphosphoramide |
| 110543 | Hexane | 78875 | Propylene | dichloride |
|---|---|---|---|---|
| 302012 | Hydrazine | (1,2-Dichloropropane) | ||
| CAS number | Chemical name | 75569 | Propylene oxide | |
| 7647010 | Hydrochloric acid | CAS number | Chemical name | |
| 7664393 | Hydrogen fluoride (Hydrofluoric acid) | 75558 | 1,2-Propylenimine | (2-Methyl |
| 123319 | Hydroquinone | aziridine) | ||
| 78591 | Isophorone | 91225 | Quinoline | |
| 58899 | Lindane (all isomers) | 106514 | Quinone | |
| 108316 | Maleic anhydride | 100425 | Styrene | |
| 67561 | Methanol | 96093 | Styrene oxide | |
| 72435 | Methoxychlor | 1746016 | 2,3,7,8-Tetrachlorodibenzo- | |
| 74839 | Methyl bromide (Bromomethane) | p-dioxin | ||
| 74873 | Methyl chloride (Chloromethane) | 79345 | 1,1,2,2-Tetrachloroethane | |
| 71556 | Methyl chloroform | 127184 | Tetrachloroethylene | |
| (1,1,1-Trichloroethane) | (Perchloroethylene) | |||
| 78933 | Methyl ethyl ketone (2-Butanone) | 7550450 | Titanium tetrachloride | |
| 60344 | Methyl hydrazine | 108883 | Toluene | |
| 74884 | Methyl iodide (Iodomethane) | 95807 | 2,4-Toluene diamine | |
| 108101 | Methyl isobutyl ketone (Hexone) | 584849 | 2,4-Toluene diisocyanate | |
| 624839 | Methyl isocyanate | 95534 | o-Toluidine | |
| 80626 | Methyl methacrylate | 8001352 | Toxaphene (chlorinated | camphene) |
| 1634044 | Methyl tert butyl ether | 120821 | 1,2,4-Trichlorobenzene | |
| 101144 | 4,4-Methylene bis(2-chloroaniline) | 79005 | 1,1,2-Trichloroethane | |
| 75092 | Methylene chloride (Dichloromethane) | 79016 | Trichloroethylene | |
| 101688 | Methylene diphenyl diisocyanate | 95954 | 2,4,5-Trichlorophenol | |
| (MDI) | 88062 | 2,4,6-Trichlorophenol | ||
| 101779 | 4,4-Methylenedianiline | 121448 | Triethylamine | |
| 91203 | Naphthalene | 1582098 | Trifluralin | |
| 98953 | Nitrobenzene | 540841 | 2,2,4-Trimethylpentane | |
| 92933 | 4-Nitrobiphenyl | 108054 | Vinyl acetate | |
| 100027 | 4-Nitrophenol | 593602 | Vinyl bromide | |
| 79469 | 2-Nitropropane | 75014 | Vinyl chloride | |
| 684935 | N-Nitroso-N-methylurea | 75354 | Vinylidene chloride | |
| 62759 | N-Nitrosodimethylamine | (1,1-Dichloroethylene) | ||
| 59892 | N-Nitrosomorpholine | 95476 | o-Xylenes | |
| 56382 | Parathion | 108383 | m-Xylenes | |
| 82688 | Pentachloronitrobenzene | 106423 | p-Xylenes | |
| (Quintobenzene) | 0 | Antimony Compounds | ||
| 87865 | Pentachlorophenol | 0 | Arsenic Compounds | (inorganic |
| 108952 | Phenol | including arsine) | ||
| 106503 | p-Phenylenediamine | 0 | Beryllium Compounds | |
| 75445 | Phosgene | 0 | Cadmium Compounds | |
| 7803512 | Phosphine | 0 | Chromium Compounds | |
| 7723140 | Phosphorus | 0 | Cobalt Compounds | |
| 85449 | Phthalic anhydride | 0 | Coke Oven Emissions | |
| 1336363 | Polychlorinated biphenyls (Aroclors) | 0 | Cyanide Compounds *1 | |
| 1120714 | 1,3-Propane sultone | 0 | Glycol ethers *2 | |
| 57578 | beta-Propiolactone | 0 | Lead Compounds | |
| 123386 | Propionaldehyde | 0 | Manganese Compounds | |
| 114261 | Propoxur (Baygon) | 0 | Mercury Compounds | |
| 0 | Fine mineral fibers *3 | |||
| 0 | Nickel Compounds | 0 | Polycyclic Organic Matter *4 |
0 Radionuclides (including radon) *5
0 Selenium Compounds
NOTE: For all listings above which contain the word "compounds" and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure.
1 X'CN where X = H' or any other group where a formal dissociation may occur. For example KCN or Ca(CN)2 2 Includes mono- and di- ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2)n-OR' where
n = 1, 2, or 3
R = alkyl or aryl groups
R' = R, H, or groups which, when removed, yield glycol ethers with the structure: R-(OCH2CH)n-OH. Polymers are excluded from the glycol category.
*3 Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter 1 micrometer or less.
*4 Includes organic compounds with more than one benzene ring, and which have a boiling point greater than or equal to 100°C.
*5 A type of atom which spontaneously undergoes radioactive decay.
and,
(II) Is subject to any standard, limitation, prohibition, or other federally enforceable requirement established pursuant to 40 CFR Part 63.
(B) In addition to complying with the provisions of this section, the owner or operator of any such source may be required to obtain an operating permit issued in accordance with Section 30 of the WAQSR.
(C) An owner or operator of a stationary source that emits (or has the potential to emit, without considering controls) one or more hazardous air pollutants who determines that the source is not subject to a relevant standard or other requirement established under this section, shall keep a record of the applicability determination as specified in Section 33(m)(ii)(C).
(iii) Applicability of this section after a relevant standard has been set.
(A) If a relevant standard has been established under this section, the owner or operator of an affected source shall comply with the provisions of this section and the provisions of that standard, except as specified otherwise in this section or that standard.
(B) If a relevant standard has been established under this section, the owner or operator of an affected source may be required to obtain an operating permit in accordance with Section 30. Emission standards established in this section for area sources will specify whether-- (I) The Administrator will have the option to exclude area sources affected by that standard from the requirement to obtain an operating permit (i.e., the standard will exempt the category of area sources altogether from the permitting requirement);
(II) The Administrator will have the option to defer permitting of area sources in that category until the EPA takes rulemaking action to determine applicability of the permitting requirements; or
(III) Area sources affected by that emission standard are immediately subject to the requirement to apply for and obtain an operating permit. If a standard fails to specify what the permitting requirements will be for area sources affected by that standard, then area sources that are subject to the standard will be subject to the requirement to obtain an operating permit without deferral. If the owner or operator is required to obtain an operating permit, the application for such a permit shall be in accordance with Section 30 of the WAQSR.
(C) If the owner or operator of an existing source obtains an extension of compliance for such source in accordance with the provisions of Subpart D of Appendix III, the owner or operator shall comply with all requirements of this section except those requirements that are specifically overridden in the extension of compliance for that source.
(D) If an area source that otherwise would be subject to an emission standard or other requirement established under this section if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source that is subject to the emission standard or other requirement, such source also shall be subject to the notification requirements of this section.
(iv) Applicability of permit program before a relevant standard has been set under this section. The owner or operator of a stationary source located or proposed for location in Wyoming may be required to obtain an operating permit in accordance with Section 30 (or revise such a permit if one has already been issued to the source) before a relevant standard is established under this section.
(e) Definitions. The terms used in this section and the designated subparts are defined in the Act or in this subsection as follows:
(i) 'Act' means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by Pub. L. 101-549, 104 Stat. 2399).
(ii) 'Actual emissions' is defined in subpart D of Appendix III for the purpose of granting a compliance extension for an early reduction of hazardous air pollutants.
(iii) 'Administrator' means the Administrator of the Division of Air Quality, Wyoming Department of Environmental Quality.
(iv) 'Affected source', for the purposes of this section, means the stationary source, the group of stationary sources, or the portion of a stationary source that is regulated by a relevant standard or other requirement established pursuant to section 112 of the Act. Each relevant standard will define the 'affected source' for the purposes of that standard. The term 'affected source,' as used in this section, is separate and distinct from any other use of that term in EPA regulations. Sources regulated under Section 22 of these regulations are not affected sources for the purposes of Section 33.
(v) 'Alternative emission limitation' means conditions established pursuant to sections 112(i)(5) or 112(i)(6) of the Act by the EPA or the Administrator.
(vi) 'Alternative emission standard' means an alternative means of emission limitation that, after notice and opportunity for public comment, has been demonstrated by an owner or operator to the Administrator's satisfaction to achieve a reduction in emissions of any air pollutant at least equivalent to the reduction in emissions of such pollutant achieved under a relevant design, equipment, work practice, or operational emission standard, or combination thereof, established under this section pursuant to section 112(h) of the Act.
(vii) 'Alternative test method' means any method of sampling and analyzing for an air pollutant that is not a test method in Appendix II,A or Appendix IV,A and that has been demonstrated to the Administrator's satisfaction, using Method 301 in Appendix IV,A, to produce results adequate for the Administrator's determination that it may be used in place of a test method specified in this section.
(viii) 'Area source' means any stationary source of hazardous air pollutants that is not a major source as defined in this section.
(ix) 'Commenced' means, with respect to construction or reconstruction of a stationary source, that an owner or operator has undertaken a continuous program of construction or reconstruction or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or reconstruction.
(x) 'Compliance date' means the date by which an affected source is required to be in compliance with a relevant standard, limitation, prohibition, or any federally enforceable requirement established by the EPA or the Administrator pursuant to section 112 of the Act.
(xi) 'Compliance plan' means a plan that contains all of the following:
(A) A description of the compliance status of the affected source with respect to all applicable requirements established under this section;
(B) A description as follows:
(I) For applicable requirements for which the source is in compliance, a statement that the source will continue to comply with such requirements;
(II) For applicable requirements that the source is required to comply with by a future date, a statement that the source will meet such requirements on a timely basis;
(III) For applicable requirements for which the source is not in compliance, a narrative description of how the source will achieve compliance with such requirements on a timely basis;
(C) A compliance schedule, as defined in this subsection; and
(D) A schedule for the submission of certified progress reports no less frequently than every 6 months for affected sources required to have a schedule of compliance to remedy a violation.
(xii) 'Compliance schedule' means:
(A) In the case of an affected source that is in compliance with all applicable requirements established under this section, statement that the source will continue to comply with such requirements; or
(B) In the case of an affected source that is required to comply with applicable requirements by a future date, a statement that the source will meet such requirements on a timely basis and, if required by an applicable requirement, a detailed schedule of the dates by which each step toward compliance will be reached; or
(C) In the case of an affected source not in compliance with all applicable requirements established under this section, a schedule of remedial measures, including an enforceable sequence of actions or operations with milestones and a schedule for the submission of certified progress reports, where applicable, leading to compliance with a relevant standard, limitation, prohibition, or any federally enforceable requirement established pursuant to section 112 of the Act for which the affected source is not in compliance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.
(xiii) 'Construction' means the on-site fabrication, erection, or installation of an affected source.
(xiv) 'Continuous emission monitoring system' (CEMS) means the total equipment that may be required to meet the data acquisition and availability requirements of this section, used to sample, condition (if applicable), analyze, and provide a record of emissions.
(xv) 'Continuous monitoring system' (CMS) is a comprehensive term that may include, but is not limited to, continuous emission monitoring systems, continuous opacity monitoring systems, continuous parameter monitoring systems, or other manual or automatic monitoring that is used for demonstrating compliance with an applicable regulation on a continuous basis as defined by the regulation.
(xvi) 'Continuous opacity monitoring system' (COMS) means a continuous monitoring system that measures the opacity of emissions.
(xvii) 'Continuous parameter monitoring system' means the total equipment that may be required to meet the data acquisition and availability requirements of this section, used to sample, condition (if applicable), analyze, and provide a record of process or control system parameters.
(xviii) 'Effective date' means:
(A) With regard to an emission standard in this section, the date of promulgation in the Federal Register. The effective date is designated in the applicable subparts of the national emission standards for hazardous air pollutants (NESHAP) referenced in Section 33(b) and contained in Appendix III, or
(B) With regard to an alternative emission limitation or equivalent emission limitation determined by the Administrator, the date that the alternative emission limitation or equivalent emission limitation becomes effective according to the provisions of this section.
(xix) 'Emission standard' means a national standard, limitation, prohibition, or other regulation promulgated in a subpart of this section pursuant to sections 112(d), 112(h), or 112(f) of the Act.
(xx) 'Emissions averaging' is a way to comply with the emission limitations specified in a relevant standard, whereby an affected source, if allowed under a subpart of this section, may create emission credits by reducing emissions from specific points to a level below that required by the relevant standard, and those credits are used to offset emissions from points that are not controlled to the level required by the relevant standard.
(xxi) 'EPA' means the Administrator of the United States Environmental Protection Agency or the Administrator's designee.
(xxii) 'Equivalent emission limitation' means the maximum achievable control technology emission limitation (MACT emission limitation) for hazardous air pollutants that the Administrator determines on a case-by-case basis, pursuant to section 112(g) or section 112(j) of the Act, to be equivalent to the emission standard that would apply to an affected source if such standard had been promulgated by the EPA under 40 CFR part 63 pursuant to section 112(d) or section 112(h) of the Act.
(xxiii) 'Excess emissions and continuous monitoring system performance report' is a report that must be submitted periodically by an affected source in order to provide data on its compliance with relevant emission limits, operating parameters, and the performance of its continuous parameter monitoring systems.
(xxiv) 'Existing source' means any affected source that is not a new source.
(xxv) 'Federally enforceable' means all limitations and conditions that are enforceable by the EPA and citizens under the Act or that are enforceable under other statutes administered by the EPA.
(xxvi) 'Fixed capital cost' means the capital needed to provide all the depreciable components of an existing source.
(xxvii) 'Fugitive emissions' means those emissions from a stationary source that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. Under section 112 of the Act, All fugitive emissions are to be considered in determining whether a stationary source is a major source.
(xxviii) 'Hazardous air pollutant' means any air pollutant listed in or pursuant to section 112(b) of the Act, and listed in subsection (d)(ii)(A)(I) of this section.
(xxix) 'Issuance' of an operating permit will occur, in accordance with Section 30.
(xxx) 'Lesser quantity' means a quantity of a hazardous air pollutant that is or may be emitted by a stationary source that the EPA establishes in order to define a major source under an applicable subpart of this section.
(xxxi) 'Major source' means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless the EPA establishes a lesser quantity, or in the case of radionuclides, different criteria from those specified in this sentence.
(xxxii) '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.
(xxxiii) 'New source' means any affected source the construction or reconstruction of which is commenced after the EPA first proposes a relevant emission standard under 40 CFR part 63.
(xxxiv) 'One-hour period', unless otherwise defined in an applicable subpart, means any 60-minute period commencing on the hour.
(xxxv) 'Opacity' means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. For continuous opacity monitoring systems, opacity means the fraction of incident light that is attenuated by an optical medium.
(xxxvi) '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.
(xxxvii) 'Owner or operator' means any person who owns, leases, operates, controls, or supervises a stationary source.
(xxxviii) 'Performance audit' means a procedure to analyze blind samples, the content of which is known by the Administrator, simultaneously with the analysis of performance test samples in order to provide a measure of test data quality.
(xxxix) 'Performance evaluation' means the conduct of relative accuracy testing, calibration error testing, and other measurements used in validating the continuous monitoring system data.
(xl) 'Performance test' means the collection of data resulting from the execution of a test method (usually three emission test runs) used to demonstrate compliance with a relevant emission standard as specified in the performance test section of the relevant standard.
(xli) 'Permit modification' means a change to an operating permit as defined in Section 30 of the WAQSR.
(xlii) '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.
(xliii) 'Permit revision' means any permit modification or administrative permit amendment to an operating permit as defined in Section 30.
(xliv) 'Potential to emit' means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable.
(xlv) 'Reconstruction' means the replacement of components of an affected or a previously unaffected stationary source to such an extent that:
(A) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable new source; and
(B) It is technologically and economically feasible for the reconstructed source to meet the relevant standard(s) established by the EPA pursuant to section 112 of the Act. Upon reconstruction, an affected source, or a stationary source that becomes an affected source, is subject to relevant standards for new sources, including compliance dates, irrespective of any change in emissions of hazardous air pollutants from that source.
(xlvi) 'Regulation promulgation schedule' means the schedule for the promulgation of emission standards under 40 CFR Part 63, established by the EPA pursuant to section 112(e) of the Act and published in the Federal Register.
(xlvii) 'Relevant standard' means:
(A) An emission standard;
(B) an alternative emission standard;
(C) an alternative emission limitation; or
(D) an equivalent emission limitation established pursuant to section 112 of the Act that applies to the stationary source, the group of stationary sources, or the portion of a stationary source regulated by such standard or limitation.
A relevant standard may include or consist of a design, equipment, work practice, or operational requirement, or other measure, process, method, system, or technique (including prohibition of emissions) that the EPA establishes for new or existing sources to which such standard or limitation applies. Every relevant standard established pursuant to section 112 of the Act includes the provisions of Section 33 and all applicable appendices that are referenced in that standard.
(xlviii) 'Responsible official' means one of the following:
(A) For a corporation: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities and either:
(I) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
(II) The delegation of authority to such representative is approved in advance by the Administrator.
(B) For a partnership or sole proprietorship: a general partner or the proprietor, respectively.
(C) For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this section, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the EPA).
(D) For affected sources (as defined in this section) applying for or subject to an operating permit: 'responsible official' shall have the same meaning as defined in Section 30.
(xlix) 'Run' means one of a series of emission or other measurements needed to determine emissions for a representative operating period or cycle as specified in this section.
(l) 'Shutdown' means the cessation of operation of an affected source for any purpose.
(li) 'Six-minute period' means, with respect to opacity determinations, any one of the 10 equal parts of a 1-hour period.
(lii) 'Standard conditions' means a temperature of 293 K (68° F) and a pressure of 101.3 kilopascals (29.92 in. Hg).
(liii) 'Startup' means the setting in operation of an affected source for any purpose.
(liv) 'State' means the State of Wyoming.
(lv) 'Stationary source' means any building, structure, facility, or installation which emits or may emit any air pollutant.
(lvi) 'Test method' means the validated procedure for sampling, preparing, and analyzing for an air pollutant specified in a relevant standard as the performance test procedure. The test method may include methods described in Appendix II,A and Appendix IV,A, or methods validated for an application through procedures in Method 301 of Appendix IV,A.
(lvii) 'Visible emission' means the observation of an emission of opacity or optical density above the threshold of vision.
(lviii) 'WAQSR' means the Wyoming Air Quality Standards and Regulations promulgated under the Wyoming Environmental Quality Act, W.S. §35-11-101 et seq.
(f) Units and abbreviations. The abbreviations and symbols for the units of measure used in this section, are defined as follows:
(i) System International (SI) units of measure:
A = ampere g = gram Hz = hertz J = joule (\circ)K = degree Kelvin kg = kilogram l = liter m = meter m' = cubic meter mg = milligram = 10(-3) gram ml = milliliter = 10(-3) liter mm = millimeter = 10(-3) meter Mg = megagram = 10(\circ) gram = metric ton MJ = megajoule mol = mole N = newton ng = nanogram = 10(-3) gram nm = nanometer = 10(-3) meter Pa = pascal s = second V = volt W = watt Ω = ohm μg = microgram = 10(-6) gram μl = microliter = 10(-6) liter
(ii) Other units of measure:
Btu = British thermal unit °C = degree Celsius (centigrade) cal = calorie cfm = cubic feet per minute cc = cubic centimeter cu ft = cubic feet d = day dcf = dry cubic feet dcm = dry cubic meter dscf = dry cubic feet at standard conditions dscm = dry cubic meter at standard conditions eq = equivalent °F = degree Fahrenheit ft = feet ft² = square feet ft³ = cubic feet gal = gallon gr = grain g-eq = gram equivalent g-mole = gram mole hr = hour in. = inch in. H₂O = inches of water K = 1,000 kcal = kilocalorie lb = pound lpm = liter per minute meq = milliequivalent min = minute MW = molecular weight oz = ounces ppb = parts per billion ppbw = parts per billion by weight ppbv = parts per billion by volume ppm = parts per million ppmw = parts per million by weight ppmv = parts per million by volume psia = pounds per square inch absolute psig = pounds per square inch gage °R = degree Rankine scf = cubic feet at standard conditions scfh = cubic feet at standard conditions per hour scm = cubic meter at standard conditions sec = second sq ft = square feet std = at standard conditions v/v = volume per volume yd² = square yards yr = year
(iii) Miscellaneous:
act = actual avg = average I.D. = inside diameter M = molar N = normal O.D. = outside diameter % = percent
(g) Prohibited activities and circumvention.
(i) Prohibited activities.
(A) No owner or operator subject to the provisions of this section shall operate any affected source in violation of the requirements of this section except under--
(I) An extension of compliance granted by the EPA under this section; or
(II) An extension of compliance granted under this section by the Administrator; or
(III) An exemption from compliance granted by the President under section 112(i)(4) of the Act.
(B) No owner or operator subject to the provisions of this section shall fail to keep records, notify, report, or revise reports as required under this section.
(C) No owner or operator of an affected source, who is required under this section to obtain an operating permit, shall operate such source except in compliance with the provisions of this section and the applicable requirements of Section 30.
(D) An owner or operator of an affected source who is subject to an emission standard promulgated under this section shall comply with the requirements of that standard by the date(s) established in the applicable subpart(s) of this section regardless of whether--
(I) An operating permit has been issued to that source; or
(II) If an operating permit has been issued to that source, whether such permit has been revised or modified to incorporate the emission standard.
(ii) Circumvention. No owner or operator subject to the provisions of this section shall build, erect, install, or use any article, machine, equipment, or process to conceal an emission that would otherwise constitute noncompliance with a relevant standard. Such concealment includes, but is not limited to--
(A) The use of diluents to achieve compliance with a relevant standard based on the concentration of a pollutant in the effluent discharged to the atmosphere;
(B) The use of gaseous diluents to achieve compliance with a relevant standard for visible emissions; and
(C) The fragmentation of an operation such that the operation avoids regulation by a relevant standard.
(iii) Severability. Notwithstanding any requirement incorporated into an operating permit obtained by an owner or operator subject to the provisions of this section, the provisions of this section are federally enforceable.
(h) Construction and reconstruction.
(i) Applicability.
(A) This section implements the preconstruction review requirements of section 112(i)(1) for sources subject to a relevant emission standard that has been promulgated in this section. In addition, this subsection includes other requirements for constructed and reconstructed stationary sources that are or become subject to a relevant promulgated emission standard.
(B) After the effective date of a relevant standard, the requirements in this subsection apply to owners or operators who construct a new source or reconstruct a source after the proposal date of that standard. New or reconstructed sources that start up before the standard's effective date are not subject to the preconstruction review requirements specified in paragraphs (ii)(B), (iii), and (iv) of this subsection.
(A) Upon construction an affected source is subject to relevant standards for new sources, including compliance dates. Upon reconstruction, an affected source is subject to relevant standards for new sources, including compliance dates, irrespective of any change in emissions of hazardous air pollutants from that source.
(B) After the effective date of any relevant standard, no person may construct a new major affected source or reconstruct a major affected source subject to such standard, or reconstruct a major source such that the source becomes a major affected source subject to the standard, without obtaining written approval, in advance, from the Administrator in accordance with the procedures specified in paragraphs (iii) and (iv) of this subsection.
(C) After the effective date of any relevant standard, no person may construct a new affected source or reconstruct an affected source subject to such standard, or reconstruct a source such that the source becomes an affected source subject to the standard, without notifying the Administrator of the intended construction or reconstruction. The notification shall be submitted in accordance with the procedures in subsection (1)(ii) and shall include all the information required for an application for approval of construction or reconstruction as specified in paragraph (iii) of this subsection. For major sources, the application for approval of construction or reconstruction may be used to fulfill the notification requirements of this subparagraph.
(D) After the effective date of any relevant standard, no person may operate such source without complying with the provisions of this section and the relevant standard unless that person has received an extension of compliance or an exemption from compliance under subsection (i)(viii) or subsection (i)(ix) of this section.
(E) After the effective date of any relevant standard, equipment added (or a process change) to an affected source that is within the scope of the definition of affected source under the relevant standard shall be considered part of the affected source and subject to all provisions of the relevant standard established for that affected source. If a new affected source is added to the facility, the new affected source shall be subject to all the provisions of the relevant standard that are established for new sources including compliance dates.
(iii) Application for approval of construction or reconstruction. The provisions of this paragraph implement section 112(i)(1) of the Act.
(A) General application requirements.
(I) An owner or operator who is subject to the requirements of paragraph (ii)(B) of this subsection shall submit to the Administrator an application for approval of the construction of a new major affected source, the reconstruction of a major affected source, or the reconstruction of a major source such that the source becomes a major affected source subject to the standard. The application shall be submitted in accordance with Section 21 requirements before the construction or reconstruction is planned to commence. The application for approval of construction or reconstruction may be used to fulfill the initial notification requirements of subsection (1)(ii)(E) of this section. The owner or operator may submit the application for approval well in advance of the date construction or reconstruction is planned to commence in order to ensure a timely review by the Administrator and that the planned commencement date will not be delayed.
(II) A separate application shall be submitted for each construction or reconstruction. Each application for approval of construction or reconstruction shall include at a minimum:
(1.) The applicant's name and address;
(2.) A notification of intention to construct a new major affected source or make any physical or operational change to a major affected source that may meet or has been determined to meet the criteria for a reconstruction, as defined in subsection (e);
(3.) The address (i.e., physical location) or proposed address of the source;
(4.) An identification of the relevant standard that is the basis of the application;
(5.) The expected commencement date of the construction or reconstruction;
(6.) The expected completion date of the construction or reconstruction;
(7.) The anticipated date of (initial) startup of the source;
(8.) The type and quantity of hazardous air pollutants emitted by the source, reported in units and averaging times and in accordance with the test methods specified in the relevant standard, or if actual emissions data are not yet available, an estimate of the type and quantity of hazardous air pollutants expected to be emitted by the source reported in units and averaging times specified in the relevant standard. The owner or operator may submit percent reduction information if a relevant standard is established in terms of percent reduction. However, operating parameters, such as flow rate, shall be included in the submission to the extent that they demonstrate performance and compliance; and
(9.) Other information as specified in paragraphs (iii)(B) and (iii)(C) of this subsection.
(III) An owner or operator who submits estimates or preliminary information in place of the actual emissions data and analysis required in paragraphs (iii)(A)(II)(8.) and (iii)(B) of this subsection shall submit the actual, measured emissions data and other correct information as soon as available but no later than with the notification of compliance status required in subsection (1)(viii) [see subsection (1)(viii)(D)].
(B) Application for approval of construction. Each application for approval of construction shall include, in addition to the information required in paragraph (iii)(A)(II) of this subsection, technical information describing the proposed nature, size, design, operating design capacity, and method of operation of the source, including an identification of each point of emission for each hazardous air pollutant that is emitted (or could be emitted) and a description of the planned air pollution control system (equipment or method) for each emission point. The description of the equipment to be used for the control of emissions shall include each control device for each hazardous air pollutant and the estimated control efficiency (percent) for each control device. The description of the method to be used for the control of emissions shall include an estimated control efficiency (percent) for that method. Such technical information shall include calculations of emission estimates in sufficient detail to permit assessment of the validity of the calculations. An owner or operator who submits approximations of control efficiencies under this subparagraph shall submit the actual control efficiencies as specified in paragraph (iii)(A)(III) of this subsection.
(C) Application for approval of reconstruction. Each application for approval of reconstruction shall include, in addition to the information required in paragraph (iii)(A)(II) of this subsection--
(I) A brief description of the affected source and the components that are to be replaced;
(II) A description of present and proposed emission control systems (i.e., equipment or methods). The description of the equipment to be used for the control of emissions shall include each control device for each hazardous air pollutant and the estimated control efficiency (percent) for each control device. The description of the method to be used for the control of emissions shall include an estimated control efficiency (percent) for that method. Such technical information shall include calculations of emission estimates in sufficient detail to permit assessment of the validity of the calculations;
(III) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new source;
(IV) The estimated life of the affected source after the replacements; and
(V) A discussion of any economic or technical limitations the source may have in complying with relevant standards or other requirements after the proposed replacements. The discussion shall be sufficiently detailed to demonstrate to the Administrator's satisfaction that the technical or economic limitations affect the source's ability to comply with the relevant standard and how they do so.
(VI) If in the application for approval of reconstruction the owner or operator designates the affected source as a reconstructed source and declares that there are no economic or technical limitations to prevent the source from complying with all relevant standards or other requirements, the owner or operator need not submit the information required in subparagraphs (iii) (C) (III) through (V) of this subsection, above.
(D) Additional information. The Administrator may request additional relevant information after the submittal of an application for approval of construction or reconstruction.
(A) (I) If the Administrator determines that, if properly constructed, or reconstructed, and operated, a new or existing source for which an application under paragraph (iii) of this subsection was submitted will not cause emissions in violation of the relevant standard(s) and any other federally enforceable requirements, the Administrator will approve the construction or reconstruction through issuance of a construction or reconstruction permit for the source.
(II) In addition, in the case of reconstruction, the Administrator's determination under this paragraph will be based on:
(1.) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new source;
(2.) The estimated life of the source after the replacements compared to the life of a comparable entirely new source;
(3.) The extent to which the components being replaced cause or contribute to the emissions from the source; and
(4.) Any economic or technical limitations on compliance with relevant standards that are inherent in the proposed replacements.
(B) (I) The Administrator will notify the owner or operator in writing of approval or intention to deny approval of construction or reconstruction within 60 calendar days after receipt of sufficient information to evaluate an application submitted under paragraph (iii) of this subsection. The 60-day approval or denial period will begin after the owner or operator has been notified in writing that the application is complete. The Administrator will notify the owner or operator in writing of the status of the application, that is, whether the application contains sufficient information to make a determination, within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary information that is submitted.
(II) When notifying the owner or operator that the application is not complete, the Administrator will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 30 calendar days after notification of the incomplete application, additional information or arguments to the Administrator to enable further action on the application.
(C) Before denying any application for approval of construction or reconstruction, the Administrator will notify the applicant of the Administrator's intention to issue the denial together with-
(I) Notice of the information and findings on which the intended denial is based; and
(II) Notice of opportunity for the applicant to present, in writing, within 30 calendar days after notification of the intended denial, additional information or arguments to the Administrator to enable further action on the application.
(D) A final determination to deny any application for approval will be in writing and will specify the grounds on which the denial is based. The final determination will be made within 60 calendar days of presentation of additional information or arguments (if the application is complete), or within 60 calendar days after the final date specified for presentation if no presentation is made.
(E) Neither the submission of an application for approval nor the Administrator's approval of construction or reconstruction shall--
(I) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this section or with any other applicable Federal, State, or local requirement; or
(II) Prevent the Administrator from implementing or enforcing this section or taking any other action under the Wyoming Environmental Quality Act.
(A) The Administrator may approve an application for construction or reconstruction specified in paragraphs (ii)(B) and (iii) of this section if the owner or operator of a new or reconstructed source who is subject to such requirement demonstrates to the Administrator's satisfaction that the following conditions have been (or will be) met:
(I) The owner or operator of the new or reconstructed source has undergone a preconstruction review and approval process under Section 21 before the promulgation date of the relevant standard and has received a federally enforceable construction permit that contains a finding that the source will meet the relevant emission standard as proposed, if the source is properly built and operated;
(II) In making its finding, the State has considered factors substantially equivalent to those specified in paragraph (iv)(A) of this section; and either
(III) The promulgated standard is no more stringent than the proposed standard in any relevant aspect that would affect the Administrator's decision to approve or disapprove an application for approval of construction or reconstruction under this section; or
(IV) The promulgated standard is more stringent than the proposed standard but the owner or operator will comply with the standard as proposed during the 3-year period immediately following the effective date of the standard as allowed for in subsection (i)(ii)(C) of this subpart.
(B) The owner or operator shall submit to the Administrator the request for approval of construction or reconstruction under this paragraph no later than the application deadline specified in paragraph (iii)(A) of this section [see also subsection (l)(ii)(B) of this subpart]. The owner or operator shall include in the request information sufficient for the Administrator's determination. The Administrator will evaluate the owner or operator's request in accordance with the procedures specified in paragraph (iv) of this section. The Administrator may request additional relevant information after the submittal of a request for approval of construction or reconstruction under this paragraph.
(A) The requirements in this subsection apply to owners or operators of affected sources for which any relevant standard has been established pursuant to section 112 of the Act unless--
(I) The Administrator has granted an extension of compliance consistent with paragraph (viii) of this subsection; or
(II) The President has granted an exemption from compliance with any relevant standard in accordance with section 112(i)(4) of the Act.
(B) If an area source that otherwise would be subject to an emission standard or other requirement established under this section if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source, such source shall be subject to the relevant emission standard or other requirement.
(A) Except as specified in paragraphs (ii)(C) and (ii)(D) of this subsection, the owner or operator of a new or reconstructed source that has an initial startup before the effective date of a relevant standard established under this section pursuant to sections 112(d), 112(f), or 112(h) of the Act shall comply with such standard not later than the standard's effective date.
(B) Except as specified in paragraphs (ii)(C) and (ii)(D) of this subsection, the owner or operator of a new or reconstructed source that has an initial startup after the effective date of a relevant standard established under this section pursuant to sections 112(d), 112(f), or 112(h) of the Act shall comply with such standard upon startup of the source.
(C) The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established under this section pursuant to sections 112(d), 112(f), or 112(h) of the Act but before the effective date (that is, promulgation) of such standard shall comply with the relevant emission standard not later than the date 3 years after the effective date if:
(I) The promulgated standard (that is, the relevant standard) is more stringent than the proposed standard; and
(II) The owner or operator complies with the standard as proposed during the 3-year period immediately after the effective date.
(D) The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established pursuant to section 112(d) of the Act but before the proposal date of a relevant standard established pursuant to section 112(f) shall comply with the emission standard under section 112(f) not later than the date 10 years after the date construction or reconstruction is commenced, except that, if the section 112(f) standard is promulgated more than 10 years after construction or reconstruction is commenced, the owner or operator shall comply with the standard as provided in paragraphs (ii)(A) and (ii)(B) of this subsection.
(E) The owner or operator of a new source that is subject to the compliance requirements of paragraph (ii)(C) or paragraph (ii)(D) of this subsection shall notify the Administrator in accordance with subsection (l)(iv) of this section.
(F) After the effective date of an emission standard promulgated under this section, the owner or operator of an unaffected new area source (i.e., an area source for which construction or reconstruction was commenced after the proposal date of the standard) that increases its emissions of (or its potential to emit) hazardous air pollutants such that the source becomes a major source that is subject to the emission standard, shall comply with the relevant emission standard immediately upon becoming a major source. This compliance date shall apply to new area sources that become affected major sources regardless of whether the new area source previously was affected by that standard. The new affected major source shall comply with all requirements of that standard that affect new sources.
(A) After the effective date of a relevant standard established under this section pursuant to sections 112(d) or 112(h) of the Act, the owner or operator of an existing source shall comply with such standard by the compliance date in the applicable subpart(s) of this section. Except as otherwise provided for in section 112 of the Act, in no case will the compliance date established for an existing source in an applicable subpart of this section exceed 3 years after the effective date of such standard.
(B) After the effective date of a relevant standard established under this section pursuant to section 112(f) of the Act, the owner or operator of an existing source shall comply with such standard not later than 90 days after the standard's effective date unless the Administrator has granted an extension to the source under paragraph (viii)(D)(II) of this subsection.
(C) After the effective date of an emission standard promulgated under this section, the owner or operator of an unaffected existing area source that increases its emissions of (or its potential to emit) hazardous air pollutants such that the source becomes a major source that is subject to the emission standard shall comply by the date specified in the standard for existing area sources that become major sources. If no such compliance date is specified in the standard, the source shall have a period of time to comply with the relevant emission standard that is equivalent to the compliance period specified in that standard for other existing sources. This compliance period shall apply to existing area sources that become affected major sources regardless of whether the existing area source previously was affected by that standard. Notwithstanding the previous two sentences, however, if the existing area source becomes a major source by the addition of a new affected source or by reconstructing, the portion of the existing facility that is a new affected source or a reconstructed source shall comply with all requirements of that standard that affect new sources, including the compliance date for new sources.
(A)(I) At all times, including periods of startup, shutdown, and malfunction, owners or operators shall operate and maintain any affected source, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by all relevant standards.
(II) Malfunctions shall be corrected as soon as practicable after their occurrence in accordance with the startup, shutdown, and malfunction plan required in paragraph (iv)(C) of this subsection.
(III) Operation and maintenance requirements established pursuant to section 112 of the Act are enforceable independent of emissions limitations or other requirements in relevant standards.
(B) Determination of whether acceptable operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures [including the startup, shutdown, and malfunction plan required in paragraph (iv)(C) of this subsection], review of operation and maintenance records, and inspection of the source.
(I) The owner or operator of an affected source shall develop and implement a written startup, shutdown, and malfunction plan that describes, in detail, procedures for operating and maintaining the source during periods of startup, shutdown, and malfunction and a program of corrective action for malfunctioning process and air pollution control equipment used to comply with the relevant standard. As required under subsection (k)(iii)(A)(I), the plan shall identify all routine or otherwise predictable CMS malfunctions. This plan shall be developed by the owner or operator by the source's compliance date for that relevant standard. The plan shall be incorporated by reference into the source's operating permit. The purpose of the startup, shutdown, and malfunction plan is to--
(1.) Ensure that, at all times, owners or operators operate and maintain affected sources, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by all relevant standards;
(2.) Ensure that owners or operators are prepared to correct malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of hazardous air pollutants; and
(3.) Reduce the reporting burden associated with periods of startup, shutdown, and malfunction (including corrective action taken to restore malfunctioning process and air pollution control equipment to its normal or usual manner of operation).
(II) During periods of startup, shutdown, and malfunction, the owner or operator of an affected source shall operate and maintain such source (including associated air pollution control equipment) in accordance with the procedures specified in the startup, shutdown, and malfunction plan developed under paragraph (iv)(C)(I) of this subsection.
(III) When actions taken by the owner or operator during a startup, shutdown, or malfunction (including actions taken to correct a malfunction) are consistent with the procedures specified in the affected source's startup, shutdown, and malfunction plan, the owner or operator shall keep records for that event that demonstrate that the procedures specified in the plan were followed. These records may take the form of a 'checklist,' or other effective form of recordkeeping, that confirms conformance with the startup, shutdown, and malfunction plan for that event. In addition, the owner or operator shall keep records of these events as specified in subsection (m)(ii) (and elsewhere in this section) including records of the occurrence and duration of each startup, shutdown, or malfunction of operation and each malfunction of the air pollution control equipment. Furthermore, the owner or operator shall confirm that actions taken during the relevant reporting period during periods of startup, shutdown, and malfunction were consistent with the affected source's startup, shutdown and malfunction plan in the semiannual (or more frequent) startup, shutdown, and malfunction report required in subsection (m)(iv)(E).
(IV) If an action taken by the owner or operator during a startup, shutdown, or malfunction (including an action taken to correct a malfunction) is not consistent with the procedures specified in the affected source's startup, shutdown, and malfunction plan, the owner or operator shall record the actions taken for that event and shall report such actions within 24 hours after commencing actions inconsistent with the plan, followed by a letter within 7 working days after the end of the event, in accordance with subsection (m)(iv)(E) (unless the owner or operator makes alternative reporting arrangements, in advance, with the Administrator [see subsection (m)(iv)(E)(II)].
(V) The owner or operator shall keep the written startup, shutdown, and malfunction plan on record after it is developed to be made available for inspection, upon request, by the Administrator for the life of the affected source or until the affected source is no longer subject to the provisions of this section. In addition, if the startup, shutdown, and malfunction plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the startup, shutdown, and malfunction plan on record, to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan.
(VI) To satisfy the requirements of this subsection to develop a startup, shutdown, and malfunction plan, the owner or operator may use the affected source's standard operating procedures (SOP) manual, or an Occupational Safety and Health Administration (OSHA) or other plan, provided the alternative plans meet all the requirements of this subsection and are made available for inspection when requested by the Administrator.
(VII) Based on the results of a determination made under paragraph (iv)(B) of this subsection, the Administrator may require that an owner or operator of an affected source make changes to the startup, shutdown, and malfunction plan for that source. The Administrator may require reasonable revisions to a startup, shutdown, and malfunction plan, if the Administrator finds that the plan:
(1.) Does not address a startup, shutdown, or malfunction event that has occurred;
(2.) Fails to provide for the operation of the source (including associated air pollution control equipment) during a startup, shutdown, or malfunction event in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by all relevant standards; or
(3.) Does not provide adequate procedures for correcting malfunctioning process and/or air pollution control equipment as quickly as practicable.
(VIII) If the startup, shutdown, and malfunction plan fails to address or inadequately addresses an event that meets the characteristics of a malfunction but was not included in the startup, shutdown, and malfunction plan at the time the owner or operator developed the plan, the owner or operator shall revise the startup, shutdown, and malfunction plan within 45 days after the event to include detailed procedures for operating and maintaining the source during similar malfunction events and a program of corrective action for similar malfunctions of process or air pollution control equipment.
(A) Applicability. The nonopacity emission standards set forth in this section shall apply at all times except during periods of startup, shutdown, and malfunction, and as otherwise specified in an applicable subpart.
(I) The Administrator will determine compliance with nonopacity emission standards in this section based on the results of performance tests conducted according to the procedures in subsection (j), unless otherwise specified in an applicable subpart of this section.
(II) The Administrator will determine compliance with nonopacity emission standards in this section by evaluation of an owner or operator's conformance with operation and maintenance requirements, including the evaluation of monitoring data, as specified in subsection (i)(iv) and applicable subparts of this section.
(III) If an affected source conducts performance testing at startup to obtain an operating permit in the State, the results of such testing may be used to demonstrate compliance with a relevant standard if--
(1.) The performance test was conducted within a reasonable amount of time before an initial performance test is required to be conducted under the relevant standard;
(2.) The performance test was conducted under representative operating conditions for the source;
(3.) The performance test was conducted and the resulting data were reduced using EPA-approved test methods and procedures, as specified in subsection (j)(v) of this section; and
(4.) The performance test was appropriately quality-assured, as specified in subsection (j)(iii) of this section.
(IV) The Administrator will determine compliance with design, equipment, work practice, or operational emission standards in this section by review of records, inspection of the source, and other procedures specified in applicable subparts of this section.
(V) The Administrator will determine compliance with design, equipment, work practice, or operational emission standards in this section by evaluation of an owner or operator's conformance with operation and maintenance requirements, as specified in paragraph (iv) of this section and applicable subparts of this section.
(C) Finding of compliance. The Administrator will make a finding concerning an affected source's compliance with a nonopacity emission standard, as specified in paragraphs (v)(A) and (v)(B) of this subsection, upon obtaining all the compliance information required by the relevant standard (including the written reports of performance test results, monitoring results, and other information, if applicable) and any information available to the Administrator needed to determine whether proper operation and maintenance practices are being used.
(A) If, in the EPA's judgment, an owner or operator of an affected source has established that an alternative means of emission limitation will achieve a reduction in emissions of a hazardous air pollutant from an affected source at least equivalent to the reduction in emissions of that pollutant from that source achieved under any design, equipment, work practice, or operational emission standard, or combination thereof, established under this section, pursuant to section 112(h) of the Act, the EPA will publish in the Federal Register a notice permitting the use of the alternative emission standard for purposes of compliance with the promulgated standard. Any Federal Register notice under this paragraph shall be published only after the public is notified and given the opportunity to comment. Such notice will restrict the permission to the stationary source(s) or category(ies) of sources from which the alternative emission standard will achieve equivalent emission reductions. The EPA will condition permission in such notice on requirements to assure the proper operation and maintenance of equipment and practices required for compliance with the alternative emission standard and other requirements, including appropriate quality assurance and quality control requirements, that are deemed necessary.
(B) An owner or operator requesting permission under this paragraph shall, unless otherwise specified in an applicable subpart, submit a proposed test plan or the results of testing and monitoring in accordance with subsection (j) and subsection (k), a description of the procedures followed in testing or monitoring, and a description of pertinent conditions during testing or monitoring. Any testing or monitoring conducted to request permission to use an alternative nonopacity emission standard shall be appropriately quality assured and quality controlled, as specified in subsection (j) and subsection (k).
(C) The EPA may establish general procedures in an applicable subpart that accomplish the requirements of paragraphs (vi)(A) and (vi)(B) of this subsection.
(A) Applicability. The opacity and visible emission standards set forth in this section shall apply at all times except during periods of startup, shutdown, and malfunction, and as otherwise specified in an applicable subpart.
(I) The Administrator will determine compliance with opacity and visible emission standards in this section based on the results of the test method specified in an applicable subpart. Whenever a continuous opacity monitoring system (COMS) is required to be installed to determine compliance with numerical opacity emission standards in this section, compliance with opacity emission standards in this section shall be determined by using the results from the COMS. Whenever an opacity emission test method is not specified, compliance with opacity emission standards in this section shall be determined by conducting observations in accordance with Test Method 9 in Appendix II,A or the method specified in paragraph (vii)(F)(II) of this subsection. Whenever a visible emission test method is not specified, compliance with visible emission standards in this section shall be determined by conducting observations in accordance with Test Method 22 in Appendix II,A.
(II) If an affected source undergoes opacity or visible emission testing at startup to obtain an operating permit in the State, the results of such testing may be used to demonstrate compliance with a relevant standard if--
(1.) The opacity or visible emission test was conducted within a reasonable amount of time before a performance test is required to be conducted under the relevant standard;
(2.) The opacity or visible emission test was conducted under representative operating conditions for the source;
(3.) The opacity or visible emission test was conducted and the resulting data were reduced using EPA-approved test methods and procedures, as specified in subsection (j)(v) of this section; and (4.) The opacity or visible emission test was appropriately quality-assured, as specified in subsection (j)(iii) of this section.
(C) Notification of opacity or visible emission observations. The owner or operator of an affected source shall notify the Administrator in writing of the anticipated date for conducting opacity or visible emission observations in accordance with subsection (l)(vi), if such observations are required for the source by a relevant standard.
(D) Conduct of opacity or visible emission observations. When a relevant standard under this section includes an opacity or visible emission standard, the owner or operator of an affected source shall comply with the following:
(I) For the purpose of demonstrating initial compliance, opacity or visible emission observations shall be conducted concurrently with the initial performance test required in subsection (j) unless one of the following conditions applies:
(1.) If no performance test under subsection (j) is required, opacity or visible emission observations shall be conducted within 60 days after achieving the maximum production rate at which a new or reconstructed source will be operated, but not later than 120 days after initial startup of the source, or within 120 days after the effective date of the relevant standard in the case of new sources that start up before the standard's effective date. If no performance test under subsection (j) is required, opacity or visible emission observations shall be conducted within 120 days after the compliance date for an existing or modified source; or
(2.) If visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the initial performance test required under subsection (j), or within the time period specified in paragraph (vii)(D)(I)(1.) of this subsection, the source's owner or operator shall reschedule the opacity or visible emission observations as soon after the initial performance test, or time period, as possible, but not later than 30 days thereafter, and shall advise the Administrator of the rescheduled date. The rescheduled opacity or visible emission observations shall be conducted (to the extent possible) under the same operating conditions that existed during the initial performance test conducted under subsection (j). The visible emissions observer shall determine whether visibility or other conditions prevent the opacity or visible emission observations from being made concurrently with the initial performance test in accordance with procedures contained in Test Method 9 or Test Method 22 in Appendix II,A.
(II) For the purpose of demonstrating initial compliance, the minimum total time of opacity observations shall be 3 hours (30 6-minute averages) for the performance test or other required set of observations (e.g., for fugitive-type emission sources subject only to an opacity emission standard).
(III) The owner or operator of an affected source to which an opacity or visible emission standard in this section applies shall conduct opacity or visible emission observations in accordance with the provisions of this subsection, record the results of the evaluation of emissions, and report to the Administrator the opacity or visible emission results in accordance with the provisions of subsection (m)(iv).
(IV) Opacity readings of portions of plumes that contain condensed, uncombined water vapor shall not be used for purposes of determining compliance with opacity emission standards.
(E) Availability of records. The owner or operator of an affected source shall make available, upon request by the Administrator, such records that the Administrator deems necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible observer emission certification.
(I) The owner or operator of an affected source required to use a continuous opacity monitoring system (COMS) shall record the monitoring data produced during a performance test required under subsection (j) and shall furnish the Administrator a written report of the monitoring results in accordance with the provisions of subsection (m)(v)(D).
(II) Whenever an opacity emission test method has not been specified in an applicable subpart, or an owner or operator of an affected source is required to conduct Test Method 9 observations (see Appendix II,A), the owner or operator may submit, for compliance purposes, COMS data results produced during any performance test required under subsection (j) in lieu of Method 9 data. If the owner or operator elects to submit COMS data for compliance with the opacity emission standard, the Administrator shall be notified of that decision, in writing, simultaneously with the notification under subsection (j)(ii) of the date the performance test is scheduled to begin.
Once the owner or operator of an affected source has notified the Administrator to that effect, the COMS data results will be used to determine opacity compliance during subsequent performance tests required under subsection (j), unless the owner or operator notifies the Administrator in writing to the contrary not later than with the notification under subsection (j)(ii) of the date the subsequent performance test is scheduled to begin.
(III) For the purposes of determining compliance with the opacity emission standard during a performance test required under subsection (j) using COMS data, the COMS data shall be reduced to 6-minute averages over the duration of the mass emission performance test.
(IV) The owner or operator of an affected source using a COMS for compliance purposes is responsible for demonstrating compliance with the performance evaluation requirements of subsection (k)(v), that the COMS has been properly maintained, operated, and data quality-assured, as specified in subsection (k)(iii) and subsection (k)(iv), and that the resulting data have not been altered in any way.
(V) Except as provided in paragraph (vii)(F)(II) of this subsection, the results of continuous monitoring by a COMS that indicate that the opacity at the time visual observations were made was not in excess of the emission standard are probative but not conclusive evidence of the actual opacity of an emission, provided that the affected source proves that, at the time of the alleged violation, the instrument used was properly maintained, as specified in subsection (k)(iii), and met Performance Specification 1 in Appendix II,B, and that the resulting data have not been altered in any way.
(G) Finding of compliance. The Administrator will make a finding concerning an affected source's compliance with an opacity or visible emission standard upon obtaining all the compliance information required by the relevant standard (including the written reports of the results of the performance tests required by subsection (j), the results of Test Method 9 or another required opacity or visible emission test method, the observer certification required by paragraph (vii)(E) of this subsection, and the continuous opacity monitoring system results, whichever is/are applicable) and any information available to the Administrator needed to determine whether proper operation and maintenance practices are being used.
(I) If the EPA finds under paragraph (vii)(G) of this subsection that an affected source is in compliance with all relevant standards for which initial performance tests were conducted under subsection (j), but during the time such performance tests were conducted fails to meet any relevant opacity emission standard, the owner or operator of such source may petition the EPA to make appropriate adjustment to the opacity emission standard for the affected source. Until the EPA notifies the owner or operator of the appropriate adjustment, the relevant opacity emission standard remains applicable.
(II) The EPA may grant such a petition upon a demonstration by the owner or operator that--
(1.) The affected source and its associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the performance tests;
(2.) The performance tests were performed under the conditions established by the EPA; and
(3.) The affected source and its associated air pollution control equipment were incapable of being adjusted or operated to meet the relevant opacity emission standard.
(III) The EPA will establish an adjusted opacity emission standard for the affected source 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 emission standard at all times during which the source is meeting the mass or concentration emission standard. The EPA will promulgate the new opacity emission standard in the Federal Register.
(IV) After the EPA promulgates an adjusted opacity emission standard for an affected source, the owner or operator of such source shall be subject to the new opacity emission standard, and the new opacity emission standard shall apply to such source during any subsequent performance tests.
(A) Until an extension of compliance has been granted by the Administrator under this paragraph, the owner or operator of an affected source subject to the requirements of this subsection shall comply with all applicable requirements of this section.
(I) Early reductions. Pursuant to section 112(i)(5) of the Act, If the owner or operator of an existing source demonstrates that the source has achieved a reduction in emissions of hazardous air pollutants in accordance with the provisions of Subpart D of Appendix III, the Administrator will grant the owner or operator an extension of compliance with specific requirements of this section, as specified in subpart D of Appendix III.
(II) Other reductions. Pursuant to section 112(i)(6) of the Act, if the owner or operator of an existing source has installed best available control technology (BACT) [as defined in section 169(3) of the Act] or technology required to meet a lowest achievable emission rate (LAER) (as defined in section 171 of the Act) prior to the promulgation of an emission standard, applicable to such source and the same pollutant (or stream of pollutants) controlled pursuant to the BACT or LAER installation, the Administrator will grant the owner or operator an extension of compliance with such emission standard that will apply until the date 5 years after the date on which such installation was achieved, as determined by the Administrator.
(C) Request for extension of compliance. Paragraphs (viii)(D) through (viii)(G) of this subsection concern requests for an extension of compliance with a relevant standard under this section [except requests for an extension of compliance under paragraph (viii)(B)(I) of this subsection will be handled through procedures specified in subpart D of Appendix III].
(D)(I)(1.) The owner or operator of an existing source who is unable to comply with a relevant standard established under this section pursuant to section 112(d) of the Act may request that the Administrator grant an extension allowing the source up to 1 additional year to comply with the standard, if such additional period is necessary for the installation of controls. An additional extension of up to 3 years may be added for mining waste operations, if the 1-year extension of compliance is insufficient to dry and cover mining waste in order to reduce emissions of any hazardous air pollutant. The owner or operator of an affected source who has requested an extension of compliance under this paragraph and who is otherwise required to obtain an operating permit shall apply for such permit or apply to have the source's operating permit revised to incorporate the conditions of the extension of compliance. The conditions of an extension of compliance granted under this paragraph will be incorporated into the affected source's operating permit according to the provisions of Section 30.
(2.) Any request under this paragraph for an extension of compliance with a relevant standard shall be submitted in writing to the Administrator not later than 12 months before the affected source's compliance date [as specified in paragraphs (ii) and (iii) of this subsection] for sources that are not including emission points in an emissions average, or not later than 18 months before the affected source's compliance date [as specified in paragraphs (ii) and (iii) of this subsection] for sources that are including emission points in an emissions average. Emission standards established under this section may specify alternative dates for the submittal of requests for an extension of compliance if alternatives are appropriate for the source categories affected by those standards, e.g., a compliance date specified by the standard is less than 12 (or 18) months after the standard's effective date.
(II) The owner or operator of an existing source unable to comply with a relevant standard established under this section pursuant to section 112(f) of the Act may request that the Administrator grant an extension allowing the source up to 2 years after the standard's effective date to comply with the standard. The Administrator may grant such an extension if it is determined that such additional period is necessary for the installation of controls and that steps will be taken during the period of the extension to assure that the health of persons will be protected from imminent endangerment. Any request for an extension of compliance with a relevant standard under this paragraph shall be submitted in writing to the Administrator not later than 15 calendar days after the effective date of the relevant standard.
(E) The owner or operator of an existing source that has installed BACT or technology required to meet LAER [as specified in paragraph (viii)(B)(II) of this subsection] prior to the promulgation of a relevant emission standard may request that the Administrator grant an extension allowing the source 5 years from the date on which such installation was achieved, as determined by the Administrator, to comply with the standard. Any request for an extension of compliance with a relevant standard under this paragraph shall be submitted in writing to the Administrator not later than 120 days after the promulgation date of the standard. The Administrator may grant such an extension if it is determined that the installation of BACT or technology to meet LAER controls the same pollutant (or stream of pollutants) that would be controlled at that source by the relevant emission standard.
(F)(I) The request for a compliance extension under paragraph (viii)(D) of this subsection shall include the following information:
(1.) A description of the controls to be installed to comply with the standard;
(2.) A compliance schedule, including the date by which each step toward compliance will be reached. At a minimum, the list of dates shall include:
a. The date by which contracts for emission control systems or process changes for emission control will be awarded, or the date by which orders will be issued for the purchase of component parts to accomplish emission control or process changes;
b. The date by which on-site construction, installation of emission control equipment, or a process change is to be initiated;
c. The date by which on-site construction, installation of emission control equipment, or a process change is to be completed; and
d. The date by which final compliance is to be achieved;
(3.) A description of interim emission control steps that will be taken during the extension period, including milestones to assure proper operation and maintenance of emission control and process equipment; and
(4.) Whether the owner or operator is also requesting an extension of other applicable requirements (e.g., performance testing requirements).
(II) The request for a compliance extension under paragraph (viii)(E) of this subsection shall include all information needed to demonstrate to the Administrator's satisfaction that the installation of BACT or technology to meet LAER controls the same pollutant (or stream of pollutants) that would be controlled at that source by the relevant emission standard.
(G) Advice on requesting an extension of compliance may be obtained from the Administrator.
(H) Approval of request for extension of compliance. Paragraphs (viii)(I) through (viii)(N) of this subsection concern approval of an extension of compliance requested under paragraphs (viii)(D) through (viii)(F) of this subsection.
(I) Based on the information provided in any request made under paragraphs (viii)(D) through (viii)(F) of this subsection, or other information, the Administrator may grant an extension of compliance with an emission standard, as specified in paragraphs (viii) (D) and (viii) (E) of this subsection.
(J) The extension will be in writing and will--
(I) Identify each affected source covered by the extension;
(II) Specify the termination date of the extension;
(III) Specify the dates by which steps toward compliance are to be taken, if appropriate;
(IV) Specify other applicable requirements to which the compliance extension applies (e.g., performance tests); and
(V) (1.) Under paragraph (viii) (D), specify any additional conditions that the Administrator deems necessary to assure installation of the necessary controls and protection of the health of persons during the extension period; or
(2.) Under paragraph (viii) (E), specify any additional conditions that the Administrator deems necessary to assure the proper operation and maintenance of the installed controls during the extension period.
(K) The owner or operator of an existing source that has been granted an extension of compliance under paragraph (viii) (J) of this subsection may be required to submit to the Administrator progress reports indicating whether the steps toward compliance outlined in the compliance schedule have been reached. The contents of the progress reports and the dates by which they shall be submitted will be specified in the written extension of compliance granted under paragraph (viii) (J) of this subsection.
(L) (I) The Administrator will notify the owner or operator in writing of approval or intention to deny approval of a request for an extension of compliance within 30 calendar days after receipt of sufficient information to evaluate a request submitted under paragraph (viii) (D) (I) or (viii) (E) of this subsection. The 30-day approval or denial period will begin after the owner or operator has been notified in writing that the application is complete. The Administrator will notify the owner or operator in writing of the status of the application, that is, whether the application contains sufficient information to make a determination, within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary information that is submitted.
(II) When notifying the owner or operator that the application is not complete, the Administrator will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 30 calendar days after notification of the incomplete application, additional information or arguments to the Administrator to enable further action on the application.
(III) Before denying any request for an extension of compliance, the Administrator will notify the owner or operator in writing of the Administrator's intention to issue the denial, together with--
(1.) Notice of the information and findings on which the intended denial is based; and
(2.) Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after notification of the intended denial, additional information or arguments to the Administrator before further action on the request.
(IV) The Administrator's final determination to deny any request for an extension will be in writing and will set forth the specific grounds on which the denial is based. The final determination will be made within 30 calendar days after presentation of additional information or argument (if the application is complete), or within 30 calendar days after the final date specified for the presentation if no presentation is made.
(M) (I) The Administrator will notify the owner or operator in writing of approval or intention to deny approval of a request for an extension of compliance within 30 calendar days after receipt of sufficient information to evaluate a request submitted under paragraph (viii) (D) (II) of this section.
The 30-day approval or denial period will begin after the owner or operator has been notified in writing that the application is complete. The Administrator will notify the owner or operator in writing of the status of the application, that is, whether the application contains sufficient information to make a determination, within 15 calendar days after receipt of the original application and within 15 calendar days after receipt of any supplementary information that is submitted.
(II) When notifying the owner or operator that the application is not complete, the Administrator will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 15 calendar days after notification of the incomplete application, additional information or arguments to the Administrator to enable further action on the application.
(III) Before denying any request for an extension of compliance, the Administrator will notify the owner or operator in writing of the Administrator's intention to issue the denial, together with--
(1.) Notice of the information and findings on which the intended denial is based; and
(2.) Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after notification of the intended denial, additional information or arguments to the Administrator before further action on the request.
(IV) A final determination to deny any request for an extension will be in writing and will set forth the specific grounds on which the denial is based. The final determination will be made within 30 calendar days after presentation of additional information or argument (if the application is complete), or within 30 calendar days after the final date specified for the presentation if no presentation is made.
(N) The Administrator may terminate an extension of compliance at an earlier date than specified if any specification under paragraphs (viii) (J) (III) or (viii) (J) (IV) of this subsection is not met.
(O) The granting of an extension under this section shall not abrogate the Administrator's authority under §35-11-110 of the Wyoming Environmental Quality Act.
The President may exempt any stationary source from compliance with any relevant standard established pursuant to section 112 of the Act for a period of not more than 2 years if the President determines that the technology to implement such standard is not available and that it is in the national security interests of the United States to do so. An exemption under this paragraph may be extended for 1 or more additional periods, each period not to exceed 2 years.
(A) Unless otherwise specified, this subsection applies to the owner or operator of an affected source required to do performance testing, or another form of compliance demonstration, under a relevant standard.
(B) If required to do performance testing by a relevant standard, and unless a waiver of performance testing is obtained under this subsection or the conditions of paragraph (iii) (C) (II) (2.) of this subsection apply, the owner or operator of the affected source shall perform such tests as follows--
(I) Within 180 days after the effective date of a relevant standard for a new source that has an initial startup date before the effective date; or
(II) Within the requirements of Section 21 after initial startup for a new source that has an initial startup date after the effective date of a relevant standard; or
(III) Within 180 days after the compliance date specified in an applicable subpart of this section for an existing source subject to an emission standard established pursuant to section 112(d) of the Act, or within 180 days after startup of an existing source if the source begins operation after the effective date of the relevant emission standard; or (IV) Within 180 days after the compliance date for an existing source subject to an emission standard established pursuant to section 112(f) of the Act; or
(V) Within 180 days after the termination date of the source's extension of compliance for an existing source that obtains an extension of compliance under subsection (i)(viii); or
(VI) Within the requirements of Section 21 after the compliance date for a new source, subject to an emission standard established pursuant to section 112(f) of the Act, for which construction or reconstruction is commenced after the proposal date of a relevant standard established pursuant to section 112(d) of the Act but before the proposal date of the relevant standard established pursuant to section 112(f) [see subsection (i)(ii)(D)]; or
(VII) When an emission standard promulgated under this section is more stringent than the standard proposed [see subsection (i)(ii)(C)], the owner or operator of a new or reconstructed source subject to that standard for which construction or reconstruction is commenced between the proposal and promulgation dates of the standard shall comply with performance testing requirements within 180 days after the standard's effective date, or within 180 days after startup of the source, whichever is later. If the promulgated standard is more stringent than the proposed standard, the owner or operator may choose to demonstrate compliance with either the proposed or the promulgated standard. If the owner or operator chooses to comply with the proposed standard initially, the owner or operator shall conduct a second performance test within 3 years and 180 days after the effective date of the standard, or after startup of the source, whichever is later, to demonstrate compliance with the promulgated standard.
(C) The Administrator may require an owner or operator to conduct performance tests at the affected source at any other time when the action is authorized by §35-11-110 of the Wyoming Environmental Quality Act.
(A) The owner or operator of an affected source shall notify the Administrator in writing of his or her intention to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin to allow the Administrator, upon request, to review and approve the site-specific test plan required under paragraph (iii) of this subsection and to have an observer present during the test. Observation of the performance test by the Administrator is optional.
(B) In the event the owner or operator is unable to conduct the performance test on the date specified in the notification requirement specified in paragraph (ii)(A) of this subsection, due to unforeseeable circumstances beyond his or her control, the owner or operator shall notify the Administrator within 5 days prior to the scheduled performance test date and specify the date when the performance test is rescheduled. This notification of delay in conducting the performance test shall not relieve the owner or operator of legal responsibility for compliance with any other applicable provisions of this section or with any other applicable Federal, State, or local requirement, nor will it prevent the Administrator from implementing or enforcing this section or taking any other action under the Wyoming Environmental Quality Act.
(A) The results of the quality assurance program required in this paragraph will be considered by the Administrator when determining the validity of a performance test.
(B) (I) Submission of site-specific test plan. Before conducting a required performance test, the owner or operator of an affected source shall develop and, if requested by the Administrator, shall submit a site-specific test plan to the Administrator for approval. The test plan shall include a test program summary, the test schedule, data quality objectives, and both an internal and external quality assurance (QA) program. Data quality objectives are the pretest expectations of precision, accuracy, and completeness of data.
(II) The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of test data precision; an example of internal QA is the sampling and analysis of replicate samples.
(III) The external QA program shall include, at a minimum, application of plans for a test method performance audit (PA) during the performance test. The PA's consist of blind audit samples provided by the Administrator and analyzed during the performance test in order to provide a measure of test data bias. The external QA program may also include systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.
(IV) The owner or operator of an affected source shall submit the site-specific test plan to the Administrator upon the Administrator's request at least 60 calendar days before the performance test is scheduled to take place, that is, simultaneously with the notification of intention to conduct a performance test required under paragraph (ii) of this subsection, or on a mutually agreed upon date.
(V) The Administrator may request additional relevant information after the submittal of a site-specific test plan.
(I) The Administrator will notify the owner or operator of approval or intention to deny approval of the site-specific test plan (if review of the site-specific test plan is requested) within 30 calendar days after receipt of the original plan and within 30 calendar days after receipt of any supplementary information that is submitted under paragraph (iii)(C)(I)(2.) of this subsection. Before disapproving any site-specific test plan, the Administrator will notify the applicant of the Administrator's intent to disapprove the plan together with--
(1.) Notice of the information and findings on which the intended disapproval is based; and
(2.) Notice of opportunity for the owner or operator to present, within 30 calendar days after notification of the intended disapproval, additional information to the Administrator before final action on the plan.
(II) In the event that the Administrator fails to approve or disapprove the site-specific test plan within the time period specified in paragraph (iii)(C)(I) of this subsection, the following conditions shall apply:
(1.) If the owner or operator intends to demonstrate compliance using the test method(s) specified in the relevant standard, the owner or operator shall conduct the performance test within the time specified in this subsection using the specified method(s);
(2.) If the owner or operator intends to demonstrate compliance by using an alternative to any test method specified in the relevant standard, the owner or operator shall refrain from conducting the performance test until the Administrator approves the use of the alternative method when the Administrator approves the site-specific test plan (if review of the site-specific test plan is requested) or until after the alternative method is approved [see paragraph (vi) of this subsection]. If the Administrator does not approve the site-specific test plan (if review is requested) or the use of the alternative method within 30 days before the test is scheduled to begin, the performance test dates specified in paragraph (i) of this subsection may be extended such that the owner or operator shall conduct the performance test within 60 calendar days after the Administrator approves the site-specific test plan or after use of the alternative method is approved. Notwithstanding the requirements in the preceding two sentences, the owner or operator may proceed to conduct the performance test as required in this subsection (without the Administrator's prior approval of the site-specific test plan) if it is subsequently chosen to use the specified testing and monitoring methods instead of an alternative.
(III) Neither the submission of a site-specific test plan for approval, nor the Administrator's approval or disapproval of a plan, nor the Administrator's failure to approve or disapprove a plan in a timely manner shall--
(1.) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this section or with any other applicable Federal, State, or local requirement; or (2.) Prevent the Administrator from implementing or enforcing this section or taking any other action under the Wyoming Environmental Quality Act.
(D) (I) Performance test method audit program. The owner or operator shall analyze performance audit (PA) samples during each performance test. The owner or operator shall request performance audit materials 45 days prior to the test date. Cylinder audit gases may be obtained by contacting the Administrator.
(II) The Administrator will have sole discretion to require any subsequent remedial actions of the owner or operator based on the PA results.
(III) If the Administrator fails to provide required PA materials to an owner or operator of an affected source in time to analyze the PA samples during a performance test, the requirement to conduct a PA under this paragraph shall be waived for such source for that performance test. Waiver under this paragraph of the requirement to conduct a PA for a particular performance test does not constitute a waiver of the requirement to conduct a PA for future required performance tests.
(iv) Performance testing facilities. If required to do performance testing, the owner or operator of each new source and, at the request of the Administrator, the owner or operator of each existing source, shall provide performance testing facilities as follows:
(A) Sampling ports adequate for test methods applicable to such source. This includes:
(I) Constructing the air pollution control system such that volumetric flow rates and pollutant emission rates can be accurately determined by applicable test methods and procedures; and
(II) Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test methods and procedures;
(B) Safe sampling platform(s);
(C) Safe access to sampling platform(s);
(D) Utilities for sampling and testing equipment; and
(E) Any other facilities that the Administrator deems necessary for safe and adequate testing of a source.
(v) Conduct of performance tests.
(A) Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance (i.e., performance based on normal operating conditions) of the affected source. Operations during periods of startup, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test, nor shall emissions in excess of the level of the relevant standard during periods of startup, shutdown, and malfunction be considered a violation of the relevant standard unless otherwise specified in the relevant standard or a determination of noncompliance is made under subsection (i)(iv). Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.
(B) Performance tests shall be conducted and data shall be reduced in accordance with the test methods and procedures set forth in this subsection, in each relevant standard, and, if required, in applicable appendices, unless the Administrator --
(I) Specifies or approves, in specific cases, the use of a test method with minor changes in methodology; or
(II) Approves the use of an alternative test method, the results of which the Administrator has determined to be adequate for indicating whether a specific affected source is in compliance; or
(III) Approves shorter sampling times and smaller sample volumes when necessitated by process variables or other factors; or
(IV) Waives the requirement for performance tests because the owner or operator of an affected source has demonstrated by other means to the Administrator's satisfaction that the affected source is in compliance with the relevant standard.
(C) Unless otherwise specified in a relevant standard or test method, each performance test shall consist of three separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the relevant standard. For the purpose of determining compliance with a relevant standard, the arithmetic mean of the results of the three runs shall apply. Upon receiving approval from the Administrator, results of a test run may be replaced with results of an additional test run in the event that--
(I) A sample is accidentally lost after the testing team leaves the site; or
(II) Conditions occur in which one of the three runs must be discontinued because of forced shutdown; or
(III) Extreme meteorological conditions occur; or
(IV) Other circumstances occur that are beyond the owner or operator's control.
(D) Nothing in paragraphs (v)(A) through (v)(C) of this subsection shall be construed to abrogate the Administrator's authority to require testing under §35-11-110 of the Wyoming Environmental Quality Act.
(A) General. Until permission to use an alternative test method has been granted by the Administrator under this paragraph, the owner or operator of an affected source remains subject to the requirements of this subsection and the relevant standard.
(B) The owner or operator of an affected source required to do performance testing by a relevant standard may use an alternative test method from that specified in the standard provided that the owner or operator--
(I) Notifies the Administrator of the intention to use an alternative test method not later than with the submittal of the site-specific test plan (if requested by the Administrator) or at least 60 days before the performance test is scheduled to begin if a site-specific test plan is not submitted;
(II) Uses Method 301 in Appendix IV,A to validate the alternative test method; and
(III) Submits the results of the Method 301 validation process along with the notification of intention and the justification for not using the specified test method. The owner or operator may submit the information required in this paragraph well in advance of the deadline specified in paragraph (vi)(B)(I) of this subsection to ensure a timely review by the Administrator in order to meet the performance test date specified in this subsection or the relevant standard.
(C) The Administrator will determine whether the owner or operator's validation of the proposed alternative test method is adequate when the Administrator approves or disapproves the site-specific test plan required under paragraph (iii) of this subsection. If the Administrator finds reasonable grounds to dispute the results obtained by the Method 301 validation process, the Administrator may require the use of a test method specified in a relevant standard.
(D) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative test method for the purposes of demonstrating compliance with a relevant standard, the Administrator may require the use of a test method specified in a relevant standard.
(E) If the owner or operator uses an alternative test method for an affected source during a required performance test, the owner or operator of such source shall continue to use the alternative test method for subsequent performance tests at that affected source until approval is received from the Administrator to use another test method as allowed under subsection (j)(vi).
(F) Neither the validation and approval process nor the failure to validate an alternative test method shall abrogate the owner or operator's responsibility to comply with the requirements of this section.
(A) Unless otherwise specified in a relevant standard or test method, or as otherwise approved by the Administrator in writing, results of a performance test shall include the analysis of samples, determination of emissions, and raw data. A performance test is 'completed' when field sample collection is terminated. The owner or operator of an affected source shall report the results of the performance test to the Administrator before the close of business on the 60th day following the completion of the performance test, unless specified otherwise in a relevant standard or as approved otherwise in writing by the Administrator [see subsection (1)(ix)]. The results of the performance test shall be submitted as part of the notification of compliance status required under subsection (1)(viii).
(B) For a minimum of 5 years after a performance test is conducted, the owner or operator shall retain and make available, upon request, for inspection by the Administrator the records or results of such performance test and other data needed to determine emissions from an affected source.
(A) Until a waiver of a performance testing requirement has been granted by the Administrator under this paragraph, the owner or operator of an affected source remains subject to the requirements of this subsection.
(B) Individual performance tests may be waived upon written application to the Administrator if, in the Administrator's judgment, the source is meeting the relevant standard(s) on a continuous basis, or the source is being operated under an extension of compliance, or the owner or operator has requested an extension of compliance and the Administrator is still considering that request.
(I) If a request is made for an extension of compliance under subsection (i)(viii), the application for a waiver of an initial performance test shall accompany the information required for the request for an extension of compliance. If no extension of compliance is requested or if the owner or operator has requested an extension of compliance and the Administrator is still considering that request, the application for a waiver of an initial performance test shall be submitted at least 60 days before the performance test if the site-specific test plan under paragraph (iii) of this section is not submitted.
(II) If an application for a waiver of a subsequent performance test is made, the application may accompany any required compliance progress report, compliance status report, or excess emissions and continuous monitoring system performance report [such as those required under subsection (i)(viii), subsection (l)(viii), and subsection (m)(v) or specified in a relevant standard or in the source's operating permit], but it shall be submitted at least 60 days before the performance test if the site-specific test plan required under paragraph (iii) of this subsection is not submitted.
(III) Any application for a waiver of a performance test shall include information justifying the owner or operator's request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the affected source performing the required test.
(D) Approval of request to waive performance test. The Administrator will approve or deny a request for a waiver of a performance test made under paragraph (viii)(C) of this subsection when the Administrator--
(I) Approves or denies an extension of compliance under subsection (i)(viii)(H); or
(II) Approves or disapproves a site-specific test plan under subsection (j)(iii)(C); or
(III) Makes a determination of compliance following the submission of a required compliance status report or excess emissions and continuous monitoring systems performance report; or
(IV) Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable.
(E) Approval of any waiver granted under this subsection shall not abrogate the Administrator's authority under the Wyoming Environmental Quality Act or in any way prohibit the Administrator from later canceling the waiver. The cancellation will be made only after notice is given to the owner or operator of the affected source.
(A)(I) Unless otherwise specified in a relevant standard, this subsection applies to the owner or operator of an affected source required to do monitoring under that standard.
(II) Relevant standards established under this section will specify monitoring systems, methods, or procedures, monitoring frequency, and other pertinent requirements for source(s) regulated by those standards. This section specifies general monitoring requirements such as those governing the conduct of monitoring and requests to use alternative monitoring methods. In addition, this subsection specifies detailed requirements that apply to affected sources required to use continuous monitoring systems (CMS) under a relevant standard.
(B) For the purposes of this section, all CMS required under relevant standards shall be subject to the provisions of this subsection upon promulgation of performance specifications for CMS as specified in the relevant standard or otherwise by the Administrator.
(C) Additional monitoring requirements for control devices used to comply with provisions in relevant standards of this section are specified in subsection (n).
(A) Monitoring shall be conducted as set forth in this subsection and the relevant standard(s) unless the Administrator --
(I) Specifies or approves the use of minor changes in methodology for the specified monitoring requirements and procedures; or
(II) Approves the use of alternatives to any monitoring requirements or procedures.
(III) Owners or operators with flares subject to subsection (n)(ii) are not subject to the requirements of this subsection unless otherwise specified in the relevant standard.
(B) (I) When the effluents from a single affected source, or from two or more affected sources, are combined before being released to the atmosphere, the owner or operator shall install an applicable CMS on each effluent.
(II) If the relevant standard is a mass emission standard and the effluent from one affected source is released to the atmosphere through more than one point, the owner or operator shall install an applicable CMS at each emission point unless the installation of fewer systems is--
(1.) Approved by the Administrator; or
(2.) Provided for in a relevant standard (e.g., instead of requiring that a CMS be installed at each emission point before the effluents from those points are channeled to a common control device, the standard specifies that only one CMS is required to be installed at the vent of the control device).
(C) When more than one CMS is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required for each CMS. However, when one CMS is used as a backup to another CMS, the owner or operator shall report the results from the CMS used to meet the monitoring requirements of this section. If both such CMS are used during a particular reporting period to meet the monitoring requirements of this section, then the owner or operator shall report the results from each CMS for the relevant compliance period.
(A) The owner or operator of an affected source shall maintain and operate each CMS as specified in this subsection, or in a relevant standard, and in a manner consistent with good air pollution control practices.
(I) The owner or operator of an affected source shall ensure the immediate repair or replacement of CMS parts to correct 'routine' or otherwise predictable CMS malfunctions as defined in the source's startup, shutdown, and malfunction plan required by subsection (i)(iv)(C). The owner or operator shall keep the necessary parts for routine repairs of the affected equipment readily available. If the plan is followed and the CMS repaired immediately, this action shall be reported in the semiannual startup, shutdown, and malfunction report required under subsection (m)(iv)(E)(I).
(II) For those malfunctions or other events that affect the CMS and are not addressed by the startup, shutdown, and malfunction plan, the owner or operator shall report actions that are not consistent with the startup, shutdown, and malfunction plan within 24 hours after commencing actions inconsistent with the plan. The owner or operator shall send a follow-up report within 2 weeks after commencing actions inconsistent with the plan that either certifies that corrections have been made or includes a corrective action plan and schedule. The owner or operator shall provide proof that repair parts have been ordered or any other records that would indicate that the delay in making repairs is beyond their control.
(III) The Administrator's determination of whether acceptable operation and maintenance procedures are being used will be based on information that may include, but is not limited to, review of operation and maintenance procedures, operation and maintenance records, manufacturing recommendations and specifications, and inspection of the CMS. Operation and maintenance procedures written by the CMS manufacturer and other guidance also can be used to maintain and operate each CMS.
(B) All CMS shall be installed such that representative measurements of emissions or process parameters from the affected source are obtained. In addition, CEMS shall be located according to procedures contained in the applicable performance specification(s).
(C) All CMS shall be installed, operational, and the data verified as specified in the relevant standard either prior to or in conjunction with conducting performance tests under subsection (j). Verification of operational status shall, at a minimum, include completion of the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system.
(D) Except for system breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level calibration drift adjustments, all CMS, including COMS and CEMS, shall be in continuous operation and shall meet minimum frequency of operation requirements as follows:
(I) All COMS shall complete a minimum of one cycle of sampling and analyzing for each successive 10-second period and one cycle of data recording for each successive 6-minute period.
(II) All CEMS for measuring emissions other than opacity shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period.
(E) Unless otherwise approved by the Administrator, minimum procedures for COMS shall include a method for producing a simulated zero opacity condition and an upscale (high-level) opacity condition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. Such procedures shall provide a system check of all the analyzer's internal optical surfaces and all electronic circuitry, including the lamp and photodetector assembly normally used in the measurement of opacity.
(F) The owner or operator of a CMS installed in accordance with the provisions of this section and the applicable CMS performance specification(s) shall check the zero (low-level) and high-level calibration drifts at least once daily in accordance with the written procedure specified in the performance evaluation plan developed under paragraphs (v)(C)(I) and (v)(C)(II) of this subsection. The zero (low-level) and high-level calibration drifts shall be adjusted, at a minimum, whenever the 24-hour zero (low-level) drift exceeds two times the limits of the applicable performance specification(s) specified in the relevant standard. The system must allow the amount of excess zero (low-level) and high-level drift measured at the 24-hour interval checks to be recorded and quantified, whenever specified. For COMS, all optical and instrumental surfaces exposed to the effluent gases shall be cleaned prior to performing the zero (low-level) and high-level drift adjustments; the optical surfaces and instrumental surfaces shall be cleaned when the cumulative automatic zero compensation, if applicable, exceeds 4 percent opacity.
(G)(I) A CMS is out of control if--
(1.) The zero (low-level), mid-level (if applicable), or high-level calibration drift (CD) exceeds two times the applicable CD specification in the applicable performance specification or in the relevant standard; or
(2.) The CMS fails a performance test audit (e.g., cylinder gas audit), relative accuracy audit, relative accuracy test audit, or linearity test audit; or
(3.) The COMS CD exceeds two times the limit in the applicable performance specification in the relevant standard.
(II) When the CMS is out of control, the owner or operator of the affected source shall take the necessary corrective action and shall repeat all necessary tests which indicate that the system is out of control. The owner or operator shall take corrective action and conduct retesting until the performance requirements are below the applicable limits.
The beginning of the out-of-control period is the hour the owner or operator conducts a performance check (e.g., calibration drift) that indicates an exceedance of the performance requirements established under this section. The end of the out-of-control period is the hour following the completion of corrective action and successful demonstration that the system is within the allowable limits. During the period the CMS is out of control, recorded data shall not be used in data averages and calculations, or to meet any data availability requirement established under this section.
(H) The owner or operator of a CMS that is out of control as defined in paragraph (iii) (G) of this subsection shall submit all information concerning out-of-control periods, including start and end dates and hours and descriptions of corrective actions taken, in the excess emissions and continuous monitoring system performance report required in subsection (m) (v) (C).
(A) The results of the quality control program required in this paragraph will be considered by the Administrator when determining the validity of monitoring data.
(B) The owner or operator of an affected source that is required to use a CMS and is subject to the monitoring requirements of this subsection and a relevant standard shall develop and implement a CMS quality control program. As part of the quality control program, the owner or operator shall develop and submit to the Administrator for approval upon request a site-specific performance evaluation test plan for the CMS performance evaluation required in paragraph (v) (C) (I) of this subsection, according to the procedures specified in paragraph (v). In addition, each quality control program shall include, at a minimum, a written protocol that describes procedures for each of the following operations:
(I) Initial and any subsequent calibration of the CMS;
(II) Determination and adjustment of the calibration drift of the CMS;
(III) Preventive maintenance of the CMS, including spare parts inventory;
(IV) Data recording, calculations, and reporting;
(V) Accuracy audit procedures, including sampling and analysis methods; and (VI) Program of corrective action for a malfunctioning CMS.
(C) The owner or operator shall keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this section, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. Where relevant, e.g., program of corrective action for a malfunctioning CMS, these written procedures may be incorporated as part of the affected source's startup, shutdown, and malfunction plan to avoid duplication of planning and recordkeeping efforts.
(A) General. When required by a relevant standard, and at any other time the Administrator may require under §35-11-110 of the Wyoming Environmental Quality Act, the owner or operator of an affected source being monitored shall conduct a performance evaluation of the CMS. Such performance evaluation shall be conducted according to the applicable specifications and procedures described in this subsection or in the relevant standard.
(B) Notification of performance evaluation. The owner or operator shall notify the Administrator in writing of the date of the performance evaluation simultaneously with the notification of the performance test date required under subsection (j)(ii) or at least 60 days prior to the date the performance evaluation is scheduled to begin if no performance test is required.
(C) (I) Submission of site-specific performance evaluation test plan. Before conducting a required CMS performance evaluation, the owner or operator of an affected source shall develop and submit a site-specific performance evaluation test plan to the Administrator for approval upon request. The performance evaluation test plan shall include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule, data quality objectives, and both an internal and external QA program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data.
(II) The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of CMS performance. The external QA program shall include, at a minimum, systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.
(III) The owner or operator of an affected source shall submit the site-specific performance evaluation test plan to the Administrator (if requested) at least 60 days before the performance test or performance evaluation is scheduled to begin, or on a mutually agreed upon date, and review and approval of the performance evaluation test plan by the Administrator will occur with the review and approval of the site-specific test plan (if review of the site-specific test plan is requested).
(IV) The Administrator may request additional relevant information after the submittal of a site-specific performance evaluation test plan.
(V) In the event that the Administrator fails to approve or disapprove the site-specific performance evaluation test plan within the time period specified in subsection (j)(iii)(C), the following conditions shall apply:
(1.) If the owner or operator intends to demonstrate compliance using the monitoring method(s) specified in the relevant standard, the owner or operator shall conduct the performance evaluation within the time specified in this section using the specified method(s);
(2.) If the owner or operator intends to demonstrate compliance by using an alternative to a monitoring method specified in the relevant standard, the owner or operator shall refrain from conducting the performance evaluation until the Administrator approves the use of the alternative method. If the Administrator does not approve the use of the alternative method within 30 days before the performance evaluation is scheduled to begin, the performance evaluation deadlines specified in paragraph (v)(D) of this subsection may be extended by the Administrator. The owner or operator may proceed to conduct the performance evaluation as required in this subsection (without the Administrator's prior approval of the site-specific performance evaluation test plan) if it is subsequently chosen to use the specified monitoring method(s) instead of an alternative.
(VI) Neither the submission of a site-specific performance evaluation test plan for approval, nor the Administrator's approval or disapproval of a plan, nor the Administrator's failure to approve or disapprove a plan in a timely manner shall--
(1.) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this section or with any other applicable Federal, State, or local requirement; or
(2.) Prevent the Administrator from implementing or enforcing this section or taking any other action under the Wyoming Environmental Quality Act.
(D) Conduct of performance evaluation and performance evaluation dates. The owner or operator of an affected source shall conduct a performance evaluation of a required CMS during any performance test required under subsection (j) in accordance with the applicable performance specification as specified in the relevant standard. Notwithstanding the requirement in the previous sentence, if the owner or operator of an affected source elects to submit COMS data for compliance with a relevant opacity emission standard as provided under subsection (i)(vii)(F), a performance evaluation of the COMS shall be conducted as specified in the relevant standard, before the performance test required under subsection (j) is conducted in time to submit the results of the performance evaluation as specified in paragraph (v)(E)(II) of this subsection. If a performance test is not required, or the requirement for a performance test has been waived under subsection (j)(viii), the owner or operator of an affected source shall conduct the performance evaluation not later than 180 days after the appropriate compliance date for the affected source, as specified in subsection (j)(i), or as otherwise specified in the relevant standard.
(I) The owner or operator shall furnish the Administrator a copy of a written report of the results of the performance evaluation simultaneously with the results of the performance test required under subsection (j) or within 60 days of completion of the performance evaluation if no test is required, unless otherwise specified in a relevant standard. The Administrator may request that the owner or operator submit the raw data from a performance evaluation in the report of the performance evaluation results.
(II) The owner or operator of an affected source using a COMS to determine opacity compliance during any performance test required under subsection (j) and described in subsection (i)(vii)(F) shall furnish the Administrator two or, upon request, three copies of a written report of the results of the COMS performance evaluation under this paragraph. The copies shall be provided at least 15 calendar days before the performance test required under subsection (j) is conducted.
(A) General. Until permission to use an alternative monitoring method has been granted by the Administrator under this paragraph, the owner or operator of an affected source remains subject to the requirements of this subsection and the relevant standard.
(B) After receipt and consideration of written application, the Administrator may approve alternatives to any monitoring methods or procedures of this section including, but not limited to, the following:
(I) Alternative monitoring requirements when installation of a CMS specified by a relevant standard would not provide accurate measurements due to liquid water or other interferences caused by substances within the effluent gases;
(II) Alternative monitoring requirements when the affected source is infrequently operated;
(III) Alternative monitoring requirements to accommodate CEMS that require additional measurements to correct for stack moisture conditions;
(IV) Alternative locations for installing CMS when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements;
(V) Alternate methods for converting pollutant concentration measurements to units of the relevant standard;
(VI) Alternate procedures for performing daily checks of zero (low-level) and high-level drift that do not involve use of high-level gases or test cells;
(VII) Alternatives to the American Society for Testing and Materials (ASTM) test methods or sampling procedures specified by any relevant standard;
(VIII) Alternative CMS that do not meet the design or performance requirements in this section, but adequately demonstrate a definite and consistent relationship between their measurements and the measurements of opacity by a system complying with the requirements as specified in the relevant standard. The Administrator may require that such demonstration be performed for each affected source; or
(IX) Alternative monitoring requirements when the effluent from a single affected source or the combined effluent from two or more affected sources is released to the atmosphere through more than one point.
(C) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative monitoring method, requirement, or procedure, the Administrator may require the use of a method, requirement, or procedure specified in this subsection or in the relevant standard. If the results of the specified and alternative method, requirement, or procedure do not agree, the results obtained by the specified method, requirement, or procedure shall prevail.
(D) (I) Request to use alternative monitoring method. An owner or operator who wishes to use an alternative monitoring method shall submit an application to the Administrator as described in paragraph (vi)(D)(II) of this subsection, below. The application may be submitted at any time provided that the monitoring method is not used to demonstrate compliance with a relevant standard or other requirement. If the alternative monitoring method is to be used to demonstrate compliance with a relevant standard, the application shall be submitted not later than with the site-specific test plan required in subsection (j)(iii) (if requested) or with the site-specific performance evaluation plan (if requested) or at least 60 days before the performance evaluation is scheduled to begin.
(II) The application shall contain a description of the proposed alternative monitoring system and a performance evaluation test plan, if required, as specified in paragraph (v)(C) of this subsection. In addition, the application shall include information justifying the owner or operator's request for an alternative monitoring method, such as the technical or economic infeasibility, or the impracticality, of the affected source using the required method.
(III) The owner or operator may submit the information required in this paragraph well in advance of the submittal dates specified in paragraph (vi)(D)(I) above to ensure a timely review by the Administrator in order to meet the compliance demonstration date specified in this subsection or the relevant standard.
(I) The Administrator will notify the owner or operator of approval or intention to deny approval of the request to use an alternative monitoring method within 30 calendar days after receipt of the original request and within 30 calendar days after receipt of any supplementary information that is submitted. Before disapproving any request to use an alternative monitoring method, the Administrator will notify the applicant of the Administrator's intention to disapprove the request together with--
(1.) Notice of the information and findings on which the intended disapproval is based; and
(2.) Notice of opportunity for the owner or operator to present additional information to the Administrator before final action on the request. At the time the Administrator notifies the applicant of the intention to disapprove the request, the Administrator will specify how much time the owner or operator will have after being notified of the intended disapproval to submit the additional information.
(II) The Administrator may establish general procedures and criteria in a relevant standard to accomplish the requirements of paragraph (vi)(E)(I) of this subsection.
(III) If the Administrator approves the use of an alternative monitoring method for an affected source under paragraph (vi)(E)(I) of this subsection, the owner or operator of such source shall continue to use the alternative monitoring method until approval is received from the Administrator to use another monitoring method as allowed by subsection (k)(vi).
(F) Alternative to the relative accuracy test. An alternative to the relative accuracy test for CEMS specified in a relevant standard may be requested as follows:
An alternative to the test method for determining relative accuracy is available for affected sources with emission rates demonstrated to be less than 50 percent of the relevant standard. The owner or operator of an affected source may petition the Administrator under paragraph (vi)(F)(II) of this subsection to substitute the relative accuracy test in section 7 of Performance Specification 2 with the procedures in section 10 if the results of a performance test conducted according to the requirements in subsection (j), or other tests performed following the criteria in subsection (j), demonstrate that the emission rate of the pollutant of interest in the units of the relevant standard is less than 50 percent of the relevant standard. For affected sources subject to emission limitations expressed as control efficiency levels, the owner or operator may petition the Administrator to substitute the relative accuracy test with the procedures in section 10 of Performance Specification 2 if the control device exhaust emission rate is less than 50 percent of the level needed to meet the control efficiency requirement. The alternative procedures do not apply if the CEMS is used continuously to determine compliance with the relevant standard.
(II) Petition to use alternative to relative accuracy test. The petition to use an alternative to the relative accuracy test shall include a detailed description of the procedures to be applied, the location and the procedure for conducting the alternative, the concentration or response levels of the alternative relative accuracy materials, and the other equipment checks included in the alternative procedure(s). The Administrator will review the petition for completeness and applicability. The Administrator's determination to approve an alternative will depend on the intended use of the CEMS data and may require specifications more stringent than in Performance Specification 2.
(III) Rescission of approval to use alternative to relative accuracy test. The Administrator will review the permission to use an alternative to the CEMS relative accuracy test and may rescind such permission if the CEMS data from a successful completion of the alternative relative accuracy procedure indicate that the affected source's emissions are approaching the level of the relevant standard. The criterion for reviewing the permission is that the collection of CEMS data shows that emissions have exceeded 70 percent of the relevant standard for any averaging period, as specified in the relevant standard. For affected sources subject to emission limitations expressed as control efficiency levels, the criterion for reviewing the permission is that the collection of CEMS data shows that exhaust emissions have exceeded 70 percent of the level needed to meet the control efficiency requirement for any averaging period, as specified in the relevant standard. The owner or operator of the affected source shall maintain records and determine the level of emissions relative to the criterion for permission to use an alternative for relative accuracy testing. If this criterion is exceeded, the owner or operator shall notify the Administrator within 10 days of such occurrence and include a description of the nature and cause of the increased emissions. The Administrator will review the notification and may rescind permission to use an alternative and require the owner or operator to conduct a relative accuracy test of the CEMS as specified in section 7 of Performance Specification 2.
(A) The owner or operator of each CMS shall reduce the monitoring data as specified in this paragraph. In addition, each relevant standard may contain additional requirements for reducing monitoring data. When additional requirements are specified in a relevant standard, the standard will identify any unnecessary or duplicated requirements in this paragraph that the owner or operator need not comply with.
(B) The owner or operator of each COMS shall reduce all data to 6-minute averages calculated from 36 or more data points equally spaced over each 6-minute period. Data from CEMS for measurement other than opacity, unless otherwise specified in the relevant standard, shall be reduced to 1-hour averages computed from four or more data points equally spaced over each 1-hour period, except during periods when calibration, quality assurance, or maintenance activities pursuant to provisions of this section are being performed. During these periods, a valid hourly average shall consist of at least two data points with each representing a 15-minute period. Alternatively, an arithmetic or integrated 1-hour average of CEMS data may be used. Time periods for averaging are defined in subsection (e).
(C) The data may be recorded in reduced or nonreduced form (e.g., ppm pollutant and percent O₂ or ng/J of pollutant).
(D) All emission data shall be converted into units of the relevant standard for reporting purposes using the conversion procedures specified in that standard. After conversion into units of the relevant standard, the data may be rounded to the same number of significant digits as used in that standard to specify the emission limit (e.g., rounded to the nearest 1 percent opacity).
(E) Monitoring data recorded during periods of unavoidable CMS breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level adjustments shall not be included in any data average computed under this section.
(A) The requirements in this subsection apply to owners and operators of affected sources that are subject to the provisions of this section, unless specified otherwise in a relevant standard.
(B) For affected sources that have been granted an extension of compliance under Subpart D of Appendix III, the requirements of this subsection do not apply to those sources while they are operating under such compliance extensions.
(C) The owner or operator of an affected source, which is subject to the notification requirements shall submit notifications to the Administrator. The owner or operator shall send a copy of each notification submitted to the Administrator to the appropriate regional office of the EPA, to satisfy the requirements of this section for that notification. The regional office may waive this requirement for any notifications at its discretion.
(A) (I) The requirements of this paragraph apply to the owner or operator of an affected source when such source becomes subject to a relevant standard.
(II) If an area source that otherwise would be subject to an emission standard or other requirement established under this section if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source that is subject to the emission standard or other requirement, such source shall be subject to the notification requirements of this subsection.
(III) Affected sources that are required under this paragraph to submit an initial notification may use the application for approval of construction or reconstruction under subsection (h) (iii) of this section, if relevant, to fulfill the initial notification requirements of this paragraph.
(B) The owner or operator of an affected source that has an initial startup before the effective date of a relevant standard under this section shall notify the Administrator in writing that the source is subject to the relevant standard. The notification, which shall be submitted not later than 120 calendar days after the effective date of the relevant standard (or within 120 calendar days after the source becomes subject to the relevant standard), shall provide the following information:
(I) The name and address of the owner or operator;
(II) The address (i.e., physical location) of the affected source;
(III) An identification of the relevant standard, or other requirement, that is the basis of the notification and the source's compliance date;
(IV) A brief description of the nature, size, design, and method of operation of the source, including its operating design capacity and an identification of each point of emission for each hazardous air pollutant, or if a definitive identification is not yet possible, a preliminary identification of each point of emission for each hazardous air pollutant; and
(V) A statement of whether the affected source is a major source or an area source.
(C) The owner or operator of a new or reconstructed affected source, or a source that has been reconstructed such that it is an affected source, that has an initial startup after the effective date of a relevant standard under this section and for which an application for approval of construction or reconstruction is not required under subsection (h) (iii), shall notify the Administrator in writing that the source is subject to the relevant standard no later than 120 days after initial startup. The notification shall provide all the information required in paragraphs (ii)(B)(I) through (ii)(B)(V) of this subsection, delivered or postmarked with the notification required in paragraph (ii)(E).
(D) The owner or operator of a new or reconstructed major affected source that has an initial startup after the effective date of a relevant standard under this section and for which an application for approval of construction or reconstruction is required under subsection (h)(iii) shall provide the following information in writing to the Administrator:
(I) A notification of intention to construct a new major affected source, reconstruct a major affected source, or reconstruct a major source such that the source becomes a major affected source with the application for approval of construction or reconstruction as specified in subsection (h)(iii)(A)(I);
(II) A notification of the date when construction or reconstruction was commenced, submitted simultaneously with the application for approval of construction or reconstruction, if construction or reconstruction was commenced before the effective date of the relevant standard;
(III) A notification of the date when construction or reconstruction was commenced, delivered or postmarked not later than 30 days after such date, if construction or reconstruction was commenced after the effective date of the relevant standard;
(IV) A notification of the anticipated date of startup of the source, delivered or postmarked not more than 60 days nor less than 30 days before such date; and
(V) A notification of the actual date of startup of the source, delivered or postmarked within 15 calendar days after that date.
(E) After the effective date of any relevant standard under this section, an owner or operator who intends to construct a new affected source or reconstruct an affected source subject to such standard, or reconstruct a source such that it becomes an affected source subject to such standard, shall notify the Administrator, in writing, of the intended construction or reconstruction. The notification shall be submitted as soon as practicable before the construction or reconstruction is planned to commence (but no sooner than the effective date of the relevant standard) if the construction or reconstruction commences after the effective date of a relevant standard promulgated in this section. The notification shall be submitted as soon as practicable before startup but no later than 60 days after the effective date of a relevant standard promulgated in this section if the construction or reconstruction had commenced and initial startup had not occurred before the standard's effective date. The notification shall include all the information required for an application for approval of construction or reconstruction as specified in subsection (h)(iii). For major sources, the application for approval of construction or reconstruction may be used to fulfill the requirements of this paragraph.
(iii) Request for extension of compliance. If the owner or operator of an affected source cannot comply with a relevant standard by the applicable compliance date for that source, or if the owner or operator has installed BACT or technology to meet LAER consistent with subsection (i) (viii) (E) of this section a request for an extension of compliance may be submitted to the Administrator as specified in subsection (i) (viii) (D) through subsection (i) (viii) (F).
(iv) Notification that source is subject to special compliance requirements. An owner or operator of a new source that is subject to special compliance requirements as specified in subsection (i) (ii) (C) and subsection (i) (ii) (D) shall notify the Administrator of the compliance obligations not later than the notification dates established in paragraph (ii) of this subsection for new sources that are not subject to the special provisions.
(v) Notification of performance test. The owner or operator of an affected source shall notify the Administrator in writing of the intention to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin to allow the Administrator to review and approve the site-specific test plan required under subsection (j) (iii), if requested by the Administrator, and to have an observer present during the test.
(vi) Notification of opacity and visible emission observations. The owner or operator of an affected source shall notify the Administrator in writing of the anticipated date for conducting the opacity or visible emission observations specified in subsection (i) (vii) (D), if such observations are required for the source by a relevant standard. The notification shall be submitted with the notification of the performance test date, as specified in paragraph (v) of this subsection, or if no performance test is required or visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the initial performance test required under subsection (j), the owner or operator shall deliver or postmark the notification not less than 30 days before the opacity or visible emission observations are scheduled to take place.
(vii) Additional notification requirements for sources with continuous monitoring systems. The owner or operator of an affected source required to use a CMS by a relevant standard shall furnish the Administrator written notification as follows:
(A) A notification of the date the CMS performance evaluation under subsection (k) (v) is scheduled to begin, submitted simultaneously with the notification of the performance test date required under subsection (j) (ii). If no performance test is required, or if the requirement to conduct a performance test has been waived for an affected source under subsection (j) (viii), the owner or operator shall notify the Administrator in writing of the date of the performance evaluation at least 60 calendar days before the evaluation is scheduled to begin;
(B) A notification that COMS data results will be used to determine compliance with the applicable opacity emission standard during a performance test required by subsection (j) in lieu of Method 9 or other opacity emissions test method data, as allowed by subsection (i)(vii)(F)(II), if compliance with an opacity emission standard is required for the source by a relevant standard. The notification shall be submitted at least 60 calendar days before the performance test is scheduled to begin; and
(C) A notification that the criterion necessary to continue use of an alternative to relative accuracy testing, as provided by subsection (k)(vi)(F), has been exceeded. The notification shall be delivered or postmarked not later than 10 days after the occurrence of such exceedance, and it shall include a description of the nature and cause of the increased emissions.
(A) The requirements of paragraphs (viii)(B) through (viii)(C) of this subsection apply when an affected source becomes subject to a relevant standard.
(B)(I) Before an operating permit has been issued to the owner or operator of an affected source, and each time a notification of compliance status is required under this section, the owner or operator of such source shall submit to the Administrator a notification of compliance status, signed by the responsible official who shall certify its accuracy, attesting to whether the source has complied with the relevant standard. The notification shall list--
(1.) The methods that were used to determine compliance;
(2.) The results of any performance tests, opacity or visible emission observations, continuous monitoring system (CMS) performance evaluations, and/or other monitoring procedures or methods that were conducted;
(3.) The methods that will be used for determining continuing compliance, including a description of monitoring and reporting requirements and test methods;
(4.) The type and quantity of hazardous air pollutants emitted by the source (or surrogate pollutants if specified in the relevant standard), reported in units and averaging times and in accordance with the test methods specified in the relevant standard;
(5.) An analysis demonstrating whether the affected source is a major source or an area source (using the emissions data generated for this notification);
(6.) A description of the air pollution control equipment (or method) for each emission point, including each control device (or method) for each hazardous air pollutant and the control efficiency (percent) for each control device (or method); and (7.) A statement by the owner or operator of the affected existing, new, or reconstructed source as to whether the source has complied with the relevant standard or other requirements.
(II) The notification shall be sent before the close of business on the 60th day following the completion of the relevant compliance demonstration activity specified in the relevant standard (unless a different reporting period is specified in a relevant standard, in which case the letter shall be sent before the close of business on the day the report of the relevant testing or monitoring results is required to be delivered or postmarked). For example, the notification shall be sent before close of business on the 60th (or other required) day following completion of the initial performance test and again before the close of business on the 60th (or other required) day following the completion of any subsequent required performance test. If no performance test is required but opacity or visible emission observations are required to demonstrate compliance with an opacity or visible emission standard under this section, the notification of compliance status shall be sent before close of business on the 30th day following the completion of opacity or visible emission observations.
(C) After an operating permit has been issued to the owner or operator of an affected source, the owner or operator of such source shall comply with all requirements for compliance status reports contained in the source's operating permit, including reports required under this section. After an operating permit has been issued to the owner or operator of an affected source, and each time a notification of compliance status is required under this section, the owner or operator of such source shall submit the notification of compliance status to the Administrator following completion of the relevant compliance demonstration activity specified in the relevant standard.
(D) If an owner or operator of an affected source submits estimates or preliminary information in the application for approval of construction or reconstruction required in subsection (h)(iii) in place of the actual emissions data or control efficiencies required in paragraphs (iii)(A)(II)(8.) and (iii)(B) of subsection (h), the owner or operator shall submit the actual emissions data and other correct information as soon as available but no later than with the initial notification of compliance status required in this subsection.
(E) Advice on a notification of compliance status may be obtained from the Administrator.
(A)(I) Until an adjustment of a time period or postmark deadline has been approved by the Administrator under paragraphs (ix)(B) and (ix)(C) of this subsection, the owner or operator of an affected source remains strictly subject to the requirements of this section.
(II) An owner or operator shall request the adjustment provided for in paragraphs (ix)(B) and (ix)(C) of this subsection each time changes to an applicable time period or postmark deadline specified in this section, are necessary.
(B) Notwithstanding time periods or postmark deadlines specified in this section for the submittal of information to the Administrator by an owner or operator, or the review of such information by the Administrator, such time periods or deadlines may be changed by mutual agreement between the owner or operator and the Administrator. An owner or operator who wishes to request a change in a time period or postmark deadline for a particular requirement shall request the adjustment in writing as soon as practicable before the subject activity is required to take place. The owner or operator shall include in the request any information considered useful to convince the Administrator that an adjustment is warranted.
(C) If, in the Administrator's judgment, an owner or operator's request for an adjustment to a particular time period or postmark deadline is warranted, the Administrator will approve the adjustment. The Administrator will notify the owner or operator in writing of approval or disapproval of the request for an adjustment within 15 calendar days of receiving sufficient information to evaluate the request.
(D) If the Administrator is unable to meet a specified deadline, the owner or operator will be notified of any significant delay and inform the owner or operator of the amended schedule.
(x) Change in information already provided. Any change in the information already provided under this subsection shall be provided to the Administrator in writing within 15 calendar days after the change.
(A) The requirements of this subsection apply to owners or operators of affected sources who are subject to the provisions of this section, unless specified otherwise in a relevant standard.
(B) For affected sources that have been granted an extension of compliance under Subpart D of Appendix III, the requirements of this subsection do not apply to those sources while they are operating under such compliance extensions.
(C) The owner or operator of an affected source, subject to the recordkeeping and reporting requirements shall submit reports to the Administrator. In addition, the owner or operator shall send a copy of each report submitted to the state to the appropriate regional office of the EPA, to satisfy the requirements of this subsection for that report. The regional office may waive this requirement for any reports at its discretion.
(D) Each owner or operator required to install a continuous monitoring system shall submit a written report of excess emissions (as defined in applicable subparts) to the Administrator for every calendar quarter.
(E) Periodic reports shall be submitted to the Administrator on the following schedules:
(I) All quarterly reports shall be postmarked by the 30th day following the end of each calendar quarter.
(II) All semi-annual reports required in this section and the associated subparts, shall be postmarked by the 30th day following the end of each calendar half.
(F) For each relevant standard established pursuant to section 112 of the Act, the schedule for submitting periodic reports applies beginning 1 year after the affected source's compliance date for that standard. Procedures governing the implementation of this provision are specified in subsection (l)(ix).
(G) If an owner or operator supervises one or more stationary sources affected by more than one standard established pursuant to section 112 of the Act, it may be arranged by mutual agreement between the owner or operator and the Administrator a common schedule on which periodic reports required for each source shall be submitted throughout the year. All reporting shall be in accordance with Section 30(m)(i)(E) requirements. The allowance in the previous sentence applies beginning 1 year after the latest compliance date for any relevant standard established pursuant to section 112 of the Act for any such affected source(s). Procedures governing the implementation of this provision are specified in subsection (l)(ix).
(H) If an owner or operator supervises one or more stationary sources affected by standards established pursuant to section 112 of the Act (as amended November 15, 1990) and standards set under 40 CFR part 60, and/or 40 CFR part 61, it may be arranged by mutual agreement between the owner or operator and the Administrator for a common schedule on which periodic reports required by each relevant (i.e., applicable) standard shall be submitted throughout the year. The allowance in the previous sentence applies beginning 1 year after the stationary source is required to be in compliance with the relevant section 112 standard, or 1 year after the stationary source is required to be in compliance with the applicable part 60 or part 61 standard, whichever is latest. Procedures governing the implementation of this provision are specified in subsection (l)(ix).
(A) The owner or operator of an affected source subject to the provisions of this section shall maintain files of all information (including all reports and notifications) required by this section recorded in a form suitable and readily available for expeditious inspection and review. The files shall be retained for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. At a minimum, the most recent 2 years of data shall be retained on site. The remaining 3 years of data may be retained off site. Such files may be maintained on microfilm, on a computer, on computer floppy disks, on magnetic tape disks, or on microfiche.
(B) The owner or operator of an affected source subject to the provisions of this section shall maintain relevant records for such source of--
(I) The occurrence and duration of each startup, shutdown, or malfunction of operation (i.e., process equipment);
(II) The occurrence and duration of each malfunction of the air pollution control equipment;
(III) All maintenance performed on the air pollution control equipment;
(IV) Actions taken during periods of startup, shutdown, and malfunction (including corrective actions to restore malfunctioning process and air pollution control equipment to its normal or usual manner of operation) when such actions are different from the procedures specified in the affected source's startup, shutdown, and malfunction plan [see subsection (i)(iv)(C)];
(V) All information necessary to demonstrate conformance with the affected source's startup, shutdown, and malfunction plan [see subsection (i)(iv)(C)] when all actions taken during periods of startup, shutdown, and malfunction (including corrective actions to restore malfunctioning process and air pollution control equipment to its normal or usual manner of operation) are consistent with the procedures specified in such plan. (The information needed to demonstrate conformance with the startup, shutdown, and malfunction plan may be recorded using a 'checklist,' or some other effective form of recordkeeping, in order to minimize the recordkeeping burden for conforming events);
(VI) Each period during which a CMS is malfunctioning or inoperative (including out-of-control periods);
(VII) All required measurements needed to demonstrate compliance with a relevant standard (including, but not limited to, 15-minute averages of CMS data, raw performance testing measurements, and raw performance evaluation measurements, that support data that the source is required to report);
(VIII) All results of performance tests, CMS performance evaluations, and opacity and visible emission observations;
(IX) All measurements as may be necessary to determine the conditions of performance tests and performance evaluations;
(X) All CMS calibration checks;
(XI) All adjustments and maintenance performed on CMS;
(XII) Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements under this section, if the source has been granted a waiver under paragraph (vi) of this subsection;
(XIII) All emission levels relative to the criterion for obtaining permission to use an alternative to the relative accuracy test, if the source has been granted such permission under subsection (k)(vi)(F); and
(XIV) All documentation supporting initial notifications and notifications of compliance status under subsection (l).
(C) Recordkeeping requirement for applicability determinations. If an owner or operator determines that his or her stationary source that emits (or has the potential to emit, without considering controls) one or more hazardous air pollutants is not subject to a relevant standard or other requirement established under this section, the owner or operator shall keep a record of the applicability determination on site at the source for a period of 5 years after the determination, or until the source changes its operations to become an affected source, whichever comes first. The record of the applicability determination shall include an analysis (or other information) that demonstrates why the owner or operator believes the source is unaffected (e.g., because the source is an area source). The analysis (or other information) shall be sufficiently detailed to allow the Administrator to make a finding about the source's applicability status with regard to the relevant standard or other requirement. If relevant, the analysis shall be performed in accordance with requirements established in subparts of this section for this purpose for particular categories of stationary sources. If relevant, the analysis should be performed in accordance with EPA guidance materials published to assist sources in making applicability determinations under section 112, if any.
(iii) Additional recordkeeping requirements for sources with continuous monitoring systems. In addition to complying with the requirements specified in paragraphs (ii)(A) and (ii)(B) of this subsection, the owner or operator of an affected source required to install a CMS by a relevant standard shall maintain records for such source of--
(A) All required CMS measurements (including monitoring data recorded during unavoidable CMS breakdowns and out-of-control periods);
(B) The date and time identifying each period during which the CMS was inoperative except for zero (low-level) and high-level checks;
(C) The date and time identifying each period during which the CMS was out of control, as defined in subsection (k)(iii)(G);
(D) The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions and parameter monitoring exceedances, as defined in the relevant standard(s), that occurs during startups, shutdowns, and malfunctions of the affected source;
(E) The specific identification (i.e., the date and time of commencement and completion) of each time period of excess emissions and parameter monitoring exceedances, as defined in the relevant standard(s), that occurs during periods other than startups, shutdowns, and malfunctions of the affected source;
(F) The nature and cause of any malfunction (if known);
(G) The corrective action taken or preventive measures adopted;
(H) The nature of the repairs or adjustments to the CMS that was inoperative or out of control;
(I) The total process operating time during the reporting period; and
(J) All procedures that are part of a quality control program developed and implemented for CMS under subsection (k)(iv).
(K) In order to satisfy the requirements of paragraphs (iii)(F) through (iii)(H) of this subsection and to avoid duplicative recordkeeping efforts, the owner or operator may use the affected source's startup, shutdown, and malfunction plan or records kept to satisfy the recordkeeping requirements of the startup, shutdown, and malfunction plan specified in subsection (i)(iv), provided that such plan and records adequately address the requirements of paragraphs (iii)(F) through (iii)(H).
(A) Notwithstanding the requirements in this paragraph or paragraph (v) of this subsection, the owner or operator of an affected source subject to reporting requirements under this section shall submit reports to the Administrator in accordance with the reporting requirements in the relevant standard(s).
(B) Reporting results of performance tests. The results of any performance test performed as required in subsection (j) of Section 33, or as required in the applicable subparts of Appendix III, shall be submitted to the Administrator. The owner or operator of an affected source shall report the results of the performance test before the close of business on the 60th day following the completion of the performance test, unless specified otherwise in a relevant standard or as approved otherwise in writing by the Administrator. The results of the performance test shall be submitted as part of the notification of compliance status required under subsection (l)(viii).
(C) Reporting results of opacity or visible emission observations. The owner or operator of an affected source required to conduct opacity or visible emission observations by a relevant standard shall report the opacity or visible emission results (produced using Test Method 9 or Test Method 22, or an alternative to these test methods) along with the results of the performance test required under subsection (j). If no performance test is required, or if visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the performance test required under subsection (j), the owner or operator shall report the opacity or visible emission results before the close of business on the 30th day following the completion of the opacity or visible emission observations.
(D) Progress reports. The owner or operator of an affected source who is required to submit progress reports as a condition of receiving an extension of compliance under subsection (i) (viii) shall submit such reports to the Administrator by the dates specified in the written extension of compliance.
(E) (I) Periodic startup, shutdown, and malfunction reports. If actions taken by an owner or operator during a startup, shutdown, or malfunction of an affected source (including actions taken to correct a malfunction) are consistent with the procedures specified in the source's startup, shutdown, and malfunction plan [see subsection (i) (iv) (C)], the owner or operator shall state such information in a startup, shutdown, and malfunction report. Reports shall only be required if a startup, shutdown, or malfunction occurred during the reporting period. The startup, shutdown, and malfunction report shall consist of a letter, containing the name, title, and signature of the owner or operator or other responsible official who is certifying its accuracy, that shall be submitted to the Administrator semiannually (or on a more frequent basis if specified otherwise in a relevant standard or as established otherwise by the Administrator in the source's operating permit). The startup, shutdown, and malfunction report shall be delivered or postmarked by the 30th day following the end of each calendar half (or other calendar reporting period, as appropriate). If the owner or operator is required to submit excess emissions and continuous monitoring system performance (or other periodic) reports under this section, the startup, shutdown, and malfunction reports required under this paragraph may be submitted simultaneously with the excess emissions and continuous monitoring system performance (or other) reports. If startup, shutdown, and malfunction reports are submitted with excess emissions and continuous monitoring system performance (or other periodic) reports, and the owner or operator receives approval to reduce the frequency of reporting for the latter under paragraph (v) of this subsection, the frequency of reporting for the startup, shutdown, and malfunction reports also may be reduced if the Administrator does not object to the intended change. The procedures to implement the allowance in the preceding sentence shall be the same as the procedures specified in paragraph (v) (C) of this subsection.
(II) Immediate startup, shutdown, and malfunction reports. Notwithstanding the allowance to reduce the frequency of reporting for periodic startup, shutdown, and malfunction reports under paragraph (iv) (E) (I) of this subsection, any time an action taken by an owner or operator during a startup, shutdown, or malfunction (including actions taken to correct a malfunction) is not consistent with the procedures specified in the affected source's startup, shutdown, and malfunction plan, the owner or operator shall report the actions taken for that event within 24 hours of the malfunction followed by a letter within 7 working days after the end of the event. The immediate report required under this paragraph shall consist of a telephone call (or facsimile [FAX] transmission) to the Administrator within 24 hours of the malfunction, and it shall be followed by a letter, delivered or postmarked within 7 working days after the end of the event, that contains the name, title, and signature of the owner or operator or other responsible official who is certifying its accuracy, explaining the circumstances of the event, the reasons for not following the startup, shutdown, and malfunction plan, and whether any excess emissions and/or parameter monitoring exceedances are believed to have occurred. Procedures governing the arrangement of alternative reporting requirements under this paragraph are specified in subsection (l)(ix). Alternative reporting requirements may be established as allowed by the source's operating permit.
(A) General. When more than one CEMS is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required for each CEMS.
(I) The owner or operator of an affected source required to install a CMS by a relevant standard shall furnish the Administrator a copy of a written report of the results of the CMS performance evaluation, as required under subsection (k)(v), simultaneously with the results of the performance test required under subsection (j), unless otherwise specified in the relevant standard.
(II) The owner or operator of an affected source using a COMS to determine opacity compliance during any performance test required under subsection (j) and described in subsection (i)(vii)(F) shall furnish the Administrator two or, upon request, three copies of a written report of the results of the COMS performance evaluation conducted under subsection (k)(v). The copies shall be furnished at least 15 calendar days before the performance test required under subsection (j) is conducted.
(I) Excess emissions and parameter monitoring exceedances are defined in relevant standards. The owner or operator of an affected source required to install a CMS by a relevant standard shall submit an excess emissions and continuous monitoring system performance report and/or a summary report to the Administrator semiannually, except when--
(1.) More frequent reporting is specifically required by a relevant standard;
(2.) The Administrator determines on a case-by-case basis that more frequent reporting is necessary to accurately assess the compliance status of the source; or
(3.) The CMS data are to be used directly for compliance determination and the source experienced excess emissions, in which case quarterly reports shall be submitted. Once a source reports excess emissions, the source shall follow a quarterly reporting format until a request to reduce reporting frequency under paragraph (v)(C)(II) of this subsection is approved.
(II) Request to reduce frequency of excess emissions and continuous monitoring system performance reports. Notwithstanding the frequency of reporting requirements specified in paragraph (v)(C)(I) of this subsection, an owner or operator who is required by a relevant standard to submit excess emissions and continuous monitoring system performance (and summary) reports on a quarterly (or more frequent) basis may reduce the frequency of reporting for that standard to semiannual if the following conditions are met:
(1.) For 1 full year (e.g., 4 quarterly or 12 monthly reporting periods) the affected source's excess emissions and continuous monitoring system performance reports continually demonstrate that the source is in compliance with the relevant standard;
(2.) The owner or operator continues to comply with all recordkeeping and monitoring requirements specified in this section and the relevant standard; and
(3.) The Administrator does not object to a reduced frequency of reporting for the affected source, as provided in paragraph (v)(C)(III) of this subsection, and
(4.) The operating permit for the source allows the reduction in frequency of reporting.
(III) The frequency of reporting of excess emissions and continuous monitoring system performance (and summary) reports required to comply with a relevant standard may be reduced only after the owner or operator notifies the Administrator in writing of his or her intention to make such a change and the Administrator does not object to the intended change. In deciding whether to approve a reduced frequency of reporting, the Administrator may review information concerning the source's entire previous performance history during the 5-year recordkeeping period prior to the intended change, including performance test results, monitoring data, and evaluations of an owner or operator's conformance with operation and maintenance requirements.
Such information may be used by the Administrator to make a judgment about the source's potential for noncompliance in the future. The Administrator will notify the owner or operator of the approval or disapproval of the request to reduce the frequency of reporting in writing within 45 days after receiving notice of the owner or operator's intention. The notification from the
Administrator to the owner or operator will specify the grounds on which a disapproval is based.
(IV) As soon as CMS data indicate that the source is not in compliance with any emission limitation or operating parameter specified in the relevant standard, the frequency of reporting shall revert to the frequency specified in the relevant standard, and the owner or operator shall submit an excess emissions and continuous monitoring system performance (and summary) report for the noncomplying emission points at the next appropriate reporting period following the noncomplying event. After demonstrating ongoing compliance with the relevant standard for another full year, the owner or operator may again request approval from the Administrator to reduce the frequency of reporting for that standard, as provided for in paragraphs (v)(C)(II) and (v)(C)(III) of this subsection.
(V) Content and submittal dates for excess emissions and monitoring system performance reports. All excess emissions and monitoring system performance reports and all summary reports, if required, shall be delivered or postmarked by the 30th day following the end of each calendar half or quarter, as appropriate. Written reports of excess emissions or exceedances of process or control system parameters shall include all the information required in paragraphs (iii)(B) through (iii)(I) of this subsection, in subsection (k)(iii)(G) and subsection (k)(iii)(H), and in the relevant standard, and they shall contain the name, title, and signature of the responsible official who is certifying the accuracy of the report. When no excess emissions or exceedances of a parameter have occurred, or a CMS has not been inoperative, out of control, repaired, or adjusted, such information shall be stated in the report.
(VI) Summary report. As required under paragraphs (v)(C)(VII) and (v)(C)(VIII) of this subsection, one summary report shall be submitted for the hazardous air pollutants monitored at each affected source (unless the relevant standard specifies that more than one summary report is required, e.g., one summary report for each hazardous air pollutant monitored). The summary report shall be entitled 'Summary Report - Gaseous and Opacity Excess Emission and Continuous Monitoring System Performance' and shall contain the following information:
(1.) The company name and address of the affected source;
(2.) An identification of each hazardous air pollutant monitored at the affected source;
(3.) The beginning and ending dates of the reporting period;
(4.) A brief description of the process units;
(5.) The emission and operating parameter limitations specified in the relevant standard(s);
(6.) The monitoring equipment manufacturer(s) and model number(s);
(7.) The date of the latest CMS certification or audit;
(8.) The total operating time of the affected source during the reporting period;
(9.) An emission data summary (or similar summary if the owner or operator monitors control system parameters), including the total duration of excess emissions during the reporting period (recorded in minutes for opacity and hours for gases), the total duration of excess emissions expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total duration of excess emissions during the reporting period into those that are due to startup/shutdown, control equipment problems, process problems, other known causes, and other unknown causes;
(10.) A CMS performance summary (or similar summary if the owner or operator monitors control system parameters), including the total CMS downtime during the reporting period (recorded in minutes for opacity and hours for gases), the total duration of CMS downtime expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total CMS downtime during the reporting period into periods that are due to monitoring equipment malfunctions, nonmonitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and other unknown causes;
(11.) A description of any changes in CMS, processes, or controls since the last reporting period;
(12.) The name, title, and signature of the responsible official who is certifying the accuracy of the report; and
(13.) The date of the report.
(VII) If the total duration of excess emissions or process or control system parameter exceedances 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 shall be submitted, and the full excess emissions and continuous monitoring system performance report need not be submitted unless required by the Administrator.
(VIII) If the total duration of excess emissions or process or control system parameter exceedances 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, both the summary report and the excess emissions and continuous monitoring system performance report shall be submitted.
(D) Reporting continuous opacity monitoring system data produced during a performance test. The owner or operator of an affected source required to use a COMS shall record the monitoring data produced during a performance test required under subsection (j) and shall furnish the Administrator a written report of the monitoring results. The report of COMS data shall be submitted simultaneously with the report of the performance test results required in paragraph (iv)(B) of this subsection.
(A) Until a waiver of a recordkeeping or reporting requirement has been granted by the Administrator under this paragraph, the owner or operator of an affected source remains subject to the requirements of this subsection.
(B) Recordkeeping or reporting requirements may be waived upon written application to the Administrator if, in the Administrator's judgment, the affected source is achieving the relevant standard(s), or the source is operating under an extension of compliance, or the owner or operator has requested an extension of compliance and the Administrator is still considering that request.
(C) If an application for a waiver of recordkeeping or reporting is made, the application shall accompany the request for an extension of compliance under subsection (i)(viii), any required compliance progress report or compliance status report required under this section [such as under subsection (i)(viii) and subsection (l)(viii)] or in the source's operating permit, or an excess emissions and continuous monitoring system performance report required under paragraph (v) of this subsection, whichever is applicable. The application shall include whatever information the owner or operator considers useful to convince the Administrator that a waiver of recordkeeping or reporting is warranted.
(D) The Administrator will approve or deny a request for a waiver of recordkeeping or reporting requirements under this paragraph when the Administrator--
(I) Approves or denies an extension of compliance; or
(II) Makes a determination of compliance following the submission of a required compliance status report or excess emissions and continuous monitoring systems performance report; or
(III) Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable, and
(IV) It is determined that the Administrator is capable of waiving these requirements under the source's operating permit in accordance with Section 30.
(E) A waiver of any recordkeeping or reporting requirement granted under this paragraph may be conditioned on other recordkeeping or reporting requirements deemed necessary by the Administrator.
(F) Approval of any waiver granted under this subsection shall not abrogate the Administrator's authority under the Wyoming Environmental Quality Act or in any way prohibit the Administrator from later canceling the waiver. The cancellation will be made only after notice is given to the owner or operator of the affected source.
(n) Control device requirements.
(i) Applicability. This subsection contains requirements for control devices used to comply with provisions in relevant standards. These requirements apply only to affected sources covered by relevant standards referring directly or indirectly to this subsection.
(ii) Flares.
(A) Owners or operators using flares to comply with the provisions of this section shall monitor these control devices to assure that they are operated and maintained in conformance with their designs. Applicable subparts will provide provisions stating how owners or operators using flares shall monitor these control devices.
(B) Flares shall be steam-assisted, air-assisted, or non-assisted.
(C) Flares shall be operated at all times when emissions may be vented to them.
(D) Flares shall be designed for and operated with no visible emissions, except for periods not to exceed a total of 5 minutes during any 2 consecutive hours. Test Method 22 in Appendix II,A shall be used to determine the compliance of flares with the visible emission provisions of this section. The observation period is 2 hours and shall be used according to Method 22.
(E) Flares shall be operated with a flame present at all times. The presence of a flare pilot flame shall be monitored using a thermocouple or any other equivalent device to detect the presence of a flame.
(F) Flares shall be used only with the net heating value of the gas being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or air-assisted; or with the net heating value of the gas being combusted at 7.45 MJ/scm (Btu/scf) or greater if the flare is non-assisted. The net heating value of the gas being combusted in a flare
$$HT=K\sumi=1nCiHi$$
shall be calculated using the following equation:
Where:
$\mathrm{H}2 =$ Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at $25\circ\mathrm{C}$ and $760~\mathrm{mmHg}$, but the standard temperature for determining the volume corresponding to one mole is $20\circ\mathrm{C}$.
$$ K = \text{Constant} = 1.740 \times 10-7 \left(\frac{1}{\text{ppmv}}\right) \left(\frac{\text{g-mole}}{\text{scm}}\right) \left(\frac{\text{MJ}}{\text{kcal}}\right) $$
where the standard temperature for (g-mole/scm) is $20\circ\mathrm{C}$.
$Ci =$ Concentration of sample component i in ppmv on a wet basis, as measured for organics by Test Method 18 and measured for hydrogen and carbon monoxide by American Society for Testing and Materials (ASTM) D1946-77 (incorporated by reference as specified in subsection (q)).
$\mathrm{H}2 =$ Net heat of combustion of sample component i, kcal/g-mole at $25\circ\mathrm{C}$ and $760~\mathrm{mmHg}$. The heats of combustion may be determined using ASTM D2382-76 (incorporated by reference as specified in subsection (q)) if published values are not available or cannot be calculated.
$n =$ Number of sample components.
(G) (I) Steam-assisted and nonassisted flares shall be designed for and operated with an exit velocity less than $18.3~\mathrm{m/sec}$ (60 ft/sec), except as provided in paragraphs (ii)(G)(II) and (ii)(G)(III) of this subsection. The actual exit velocity of a flare shall be determined by dividing by the volumetric flow rate of gas being combusted (in units of emission standard temperature and pressure), as determined by Test Methods 2, 2A, 2C, or 2D in Appendix II,A, as appropriate, by the unobstructed (free) cross-sectional area of the flare tip.
(II) Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the method specified in paragraph (ii)(G)(I) of this subsection, equal to or greater than $18.3~\mathrm{m/sec}$ (60 ft/sec) but less than $122~\mathrm{m/sec}$ (400 ft/sec), are allowed if the net heating value of the gas being combusted is greater than $37.3~\mathrm{MJ/scm}$ (1,000 Btu/scf).
(III) Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the method specified in paragraph (ii)(G)(I) of this subsection, less than the velocity $V\max$, as determined by the method specified in this paragraph, but less than $122~\mathrm{m/sec}$ (400 ft/sec) are allowed. The maximum permitted velocity, $V\max$, for flares complying with this paragraph shall be determined by the following equation:
$$\text{Log}10(V\max) = (H_T + 28.8)/31.7$$
Where:
$V\max$ = Maximum permitted velocity, m/sec.
28.8 = Constant.
31.7 = Constant.
$H_T$ = The net heating value as determined in paragraph (ii)(F) of this subsection.
(H) Air-assisted flares shall be designed and operated with an exit velocity less than the velocity $V\max$. The maximum permitted velocity, $V\max$, for air-assisted flares shall be determined by the following equation:
$$V\max = 8.706 + 0.7084(H_T)$$
Where:
$V\max$ = Maximum permitted velocity, m/sec.
8.706 = Constant.
0.7084 = Constant.
$H_T$ = The net heating value as determined in paragraph (ii)(F) of this subsection.
(A) With the exception of information protected through Sections 35-11-1101(a) and 35-11-205(d) of the Wyoming Environmental Quality Act and subsection 33(o)(ii), all reports, records, and other information collected by the Administrator under this section, are available to the public.
In addition, a copy of each permit application, compliance plan (including the schedule of compliance), notification of compliance status, excess emissions and continuous monitoring systems performance report, and operating permit is available to the public, consistent with protections recognized in Section 205(d) of the Wyoming Environmental Quality Act.
(B) The availability to the public of information provided to or otherwise obtained by the Administrator under this section shall be governed by Section 35-11-1101 and Section 205(d) of the Wyoming Environmental Quality Act.
(A) As provided in Sections 35-11-1101(a) and 35-11-205(d) of the Wyoming Environmental Quality Act, upon a satisfactory showing that records, reports or information or particular parts thereof, other than emission and pollution data, if made public would divulge trade secrets, the records, reports or information or particular portions thereof shall be treated as confidential by the Administrator. The Administrator may also request that the applicant provide this information directly to the EPA.
(I) An applicant who submits information which is desired to be held confidential may do so by stamping the information as 'CONFIDENTIAL' and submitting it in a separate envelope marked 'CONFIDENTIAL'.
(B) The contents of an operating permit shall not be entitled to protection under this subsection; however, information submitted as part of an application for an operating permit may be entitled to protection from disclosure.
(i) Definitions. The terms used in this regulation shall have the meanings set forth in title IV of the Clean Air Act, 42 U.S.C 7401, et seq. as amended by the Clean Air Act Amendments of 1990, 42 U.S.C. 7651, et seq. (November 15 1990) and in this section as follows:
(A) 'Acid Rain compliance option' means one of the methods of compliance used by an affected unit under the Acid Rain Program as described in a compliance plan submitted and approved in accordance with Section 34(d) of this regulation or regulations implementing section 407 of the Act.
(B) 'Acid Rain emissions limitation' means:
(I) For the purposes of sulfur dioxide emissions:
(1.) The tonnage equivalent of the basic Phase II allowance allocations authorized to be allocated to an affected unit for use in a calendar year;
(2.) As adjusted:
(a.) By allowances allocated by the EPA pursuant to section 403, section 405 (a)(2), (a)(3), (b)(2), (c)(4), (d)(3), and (h)(2), and section 406 of the Act;
(b.) By allowances allocated by the EPA pursuant to subpart D of 40 CFR part 72; and thereafter
(c.) By allowance transfers to or from the compliance subaccount for that unit that were recorded or properly submitted for recordation by the allowance transfer deadline as provided in 40 CFR 73.35, after deductions and other adjustments are made pursuant to 40 CFR 73.34(c); and
(II) For purposes of nitrogen oxides emissions, the applicable limitation established by regulations promulgated by the EPA pursuant to section 407 of the Act, as modified by an Acid Rain permit application submitted to the Division, and an Acid Rain permit issued by the Division, in accordance with regulations implementing section 407 of the Act.
(C) 'Acid Rain emissions reduction requirement' means a requirement under the Acid Rain Program to reduce the emissions of sulfur dioxide or nitrogen oxides from a unit to a specified level or by a specified percentage.
(D) 'Acid Rain permit or permit' means the legally binding written document, or portion of such document, issued by the Division (following an opportunity for appeal pursuant to 40 CFR part 78 or the Department of Environmental Quality, Rules of Practice and Procedure), including any permit revisions, specifying the Acid Rain Program requirements applicable to an affected source, to each affected unit at an affected source, and to the owners and operators and the designated representative of the affected source or the affected unit.
(E) 'Acid Rain Program' means the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established in accordance with title IV of the Act, Section 34(a) through 34(j), 40 CFR parts 72, 73, 75, 77, and 78, and regulations implementing sections 407 and 410 of the Act.
(F) 'Act' means the Clean Air Act, 42 U.S.C. §7401, et seq. as amended by Public Law No. 101-549 (November 15, 1990).
(G) 'Actual SO₂ emissions rate' means the annual average sulfur dioxide emissions rate for the unit (expressed in lb/mmbtu), for the specified calendar year; provided that, if the unit is listed in the NADB, the '1985 actual SO₂ emissions rate' for the unit shall be the rate specified by the EPA in the NADB under the data field 'SO₂RTE.'
(H) 'Affected source' means a source that includes one or more affected units.
(I) 'Affected unit' means a unit that is subject to any Acid Rain emissions reduction requirement or Acid Rain emissions limitation.
(J) 'Affiliate' shall have the meaning set forth in section 2(a)(11) of the Public Utility Holding Company Act of 1935, 15 U.S.C. 79b(a)(11), as of November 15, 1990.
(K) 'Allocate or allocation' means the initial crediting of an allowance by the EPA to an Allowance Tracking System unit account or general account.
(L) 'Allowance' means an authorization by the EPA under the Acid Rain Program to emit up to one ton of sulfur dioxide during or after a specified calendar year.
(M) 'Allowance deduction, or deduct' when referring to allowances, means the permanent withdrawal of allowances by the EPA from an Allowance Tracking System compliance subaccount to account for the number of the tons of SO₂ emissions from an affected unit for the calendar year, for tonnage emissions estimates calculated for periods of missing data as provided in 40 CFR part 75, or for any other allowance surrender obligations of the Acid Rain Program.
(N) 'Allowances held or hold allowances' means the allowances recorded by the EPA, or submitted to the EPA for recordation in accordance with 40 CFR 73.50, in an Allowance Tracking System account.
(O) 'Allowance Tracking System or (ATS)' means the Acid Rain Program system by which the EPA allocates, records, deducts, and tracks allowances.
(P) 'Allowance Tracking System account' means an account in the Allowance Tracking System established by the EPA for purposes of allocating, holding, transferring, and using allowances.
(Q) 'Allowance transfer deadline' means midnight of January 30 or, if January 30 is not a business day, midnight of the first business day thereafter and is the deadline by which allowances may be submitted for recordation in an affected unit's compliance subaccount for the purposes of meeting the unit's Acid Rain emissions limitation requirements for sulfur dioxide for the previous calendar year.
(R) 'Authorized account representative' means a responsible natural person who is authorized, in accordance with 40 CFR part 73, to transfer and otherwise dispose of allowances held in an Allowance Tracking System general account; or, in the case of a unit account, the designated representative of the owners and operators of the affected unit.
(S) 'Basic Phase II allowance allocations' means:
(I) For calendar years 2000 through 2009 inclusive, allocations of allowances made by the EPA pursuant to section 403 and section 405 (b)(1), (3), and (4); (c)(1), (2), (3), and (5); (d)(1), (2), (4), and (5); (e); (f); (g)(1), (2), (3), (4), and (5); (h)(1); (i); and (j).
(II) For each calendar year beginning in 2010, allocations of allowances made by the EPA pursuant to section 403 and section 405 (b)(1), (3), and (4); (c)(1), (2), (3), and (5); (d)(1), (2), (4), and (5); (e); (f); (g)(1), (2), (3), (4), and (5); (h)(1) and (3); (i); and (j).
(T) 'Boiler' means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or any other medium.
(U) 'Certificate of representation' means the completed and signed submission required by 40 CFR 72.20, for certifying the appointment of a designated representative for an affected source or a group of identified affected sources authorized to represent the owners and operators of such source(s) and of the affected units at such source(s) with regard to matters under the Acid Rain Program.
(V) 'Certifying Official' means:
(I) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation;
(II) For partnership or sole proprietorship, a general partner or the proprietor, respectively; and (III) For a local government entity or State, federal, or other public agency, either a principal executive officer or ranking elected official.
(W) 'Coal' means all solid fuels classified as anthracite, bituminous, subituminous, or lignite by the American Society for Testing and Materials Designation ASTM D388-92 ``Standard Classification of Coals by Rank.''
(X) 'Coal-derived fuel' means any fuel, whether in a solid, liquid, or gaseous state, produced by the mechanical, thermal, or chemical processing of coal (e.g., pulverized coal, coal refuse, liquified or gasified coal, washed coal, chemically cleaned coal, coal-oil mixtures, and coke).
(Y) 'Coal-fired' means the combustion of fuel consisting of coal or any coal-derived fuel (except a coal-derived gaseous fuel with a sulfur content no greater than natural gas), alone or in combination with any other fuel, where a unit is coal-fired'' if it uses coal or coal-derived fuel as its primary fuel (expressed in mmBtu); provided that, if the unit is listed in the NADB, the primary fuel is the fuel listed in the NADB under the data fieldPRIMEFUEL''.
(Z) 'Cogeneration unit' means a unit that has equipment used to produce electric energy and forms of useful thermal energy (such as heat or steam) for industrial, commercial, heating or cooling purposes, through the sequential use of energy.
(AA) 'Commence commercial operation' means to have begun to generate electricity for sale, including the sale of test generation.
(BB) 'Commence construction' means that an owner or operator has either undertaken a continuous program of construction or has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction.
(CC) 'Commence operation' means to have begun any mechanical, chemical, or electronic process, including start-up of an emissions control technology or emissions monitor or of a unit's combustion chamber.
(DD) 'Common stack' means the exhaust of emissions from two or more units through a single flue.
(EE) 'Compliance certification' means a submission to the EPA or the Division that is required by Section 34(a) through 34(j), by 40 CFR part 72, 73, 75, 77, or 78, or by regulations implementing sections 407 or 410 of the Act to report an affected source or an affected unit's compliance or non-compliance with a provision of the Acid Rain Program and that is signed and verified by the designated representative in accordance with subpart B of 40 CFR part 72, Section 34(h), and the Acid Rain Program regulations generally.
(FF) 'Compliance plan' for purposes of the Acid Rain Program, means the document submitted for an affected source in accordance with Section 34(c)(i) and (ii) specifying the method(s) (including one or more Acid Rain compliance options under Section 34(d)(ii) or regulations implementing section 407 of the Act) by which each affected unit at the source will meet the applicable Acid Rain emissions limitation and Acid Rain emissions reduction requirements.
(GG) 'Compliance subaccount' means the subaccount in an affected unit's Allowance Tracking System account, established pursuant to 40 CFR 73.31 (a) or (b), in which are held, from the date that allowances for the current calendar year are recorded under 40 CFR 73.34(a) until December 31, allowances available for use by the unit in the current calendar year and, after December 31 until the date that deductions are made under 40 CFR 73.35(b), allowances available for use by the unit in the preceding calendar year, for the purpose of meeting the unit's Acid Rain emissions limitation for sulfur dioxide.
(HH) 'Compliance use date' means the first calendar year for which an allowance may be used for purposes of meeting a unit's Acid Rain emissions limitation for sulfur dioxide.
(II) 'Construction' means fabrication, erection, or installation of a unit or any portion of a unit.
(JJ) 'Designated representative' means a responsible natural person authorized by the owners and operators of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with subpart B of 40 CFR part 72, to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program. Whenever the term responsible official'' is used in 40 CFR part 70 or in any other regulations implementing title V of the Act, it shall be deemed to refer to thedesignated representative'' with regard to all matters under the Acid Rain Program.
(KK) 'Diesel fuel' means a low sulfur fuel oil of grades 1-D or 2-D, as defined by the American Society for Testing and Materials ASTM D975-91, ``Standard Specification for Diesel Fuel Oils.''
(LL) 'Direct public utility ownership' means direct ownership of equipment and facilities by one or more corporations, the principal business of which is sale of electricity to the public at retail. Percentage ownership of such equipment and facilities shall be measured on the basis of book value.
(MM) 'Division' means the Air Quality Division of the Wyoming Department of Environmental Quality or its Administrator.
(NN) 'Draft Acid Rain permit' or 'draft permit' means the version of the Acid Rain permit, or the Acid Rain portion of an operating permit, that the Division offers for public comment.
(OO) 'Emissions' means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the EPA by the designated representative and as determined by the EPA, in accordance with the emissions monitoring requirements of 40 CFR part 75.
(PP) 'EPA' means the United States Environmental Protection Agency.
(QQ) 'Excess emissions' means:
(I) Any tonnage of sulfur dioxide emitted by an affected unit during a calendar year that exceeds the Acid Rain emissions limitation for sulfur dioxide for the unit; and
(II) Any tonnage of nitrogen oxide emitted by an affected unit during a calendar year that exceeds the annual tonnage equivalent of the Acid Rain emissions limitation for nitrogen oxides applicable to the affected unit taking into account the unit's heat input for the year.
(RR) 'Existing unit' means a unit (including a unit subject to section 111 of the Act) that commenced commercial operation before November 15, 1990 and that on or after November 15, 1990 served a generator with a nameplate capacity of greater than 25 MWe. Existing unit'' does not include simple combustion turbines or any unit that on or after November 15, 1990 served only generators with a nameplate capacity of 25 MWe or less. Anyexisting unit'' that is modified, reconstructed, or repowered after November 15, 1990 shall continue to be an ``existing unit.''
(SS) 'Facility' means any institutional, commercial, or industrial structure, installation, plant, source, or building.
(TT) 'Fossil fuel' means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.
(UU) 'Fossil fuel-fired' means the combustion of fossil fuel or any derivative of fossil fuel, alone or in combination with any other fuel, independent of the percentage of fossil fuel consumed in any calendar year.
(VV) 'Fuel oil' means any petroleum-based fuel (including diesel fuel or petroleum derivatives such as oil tar) as defined by the American Society for Testing and Materials in ASTM D396-90a, ``Standard Specification for Fuel Oils,'' and any recycled or blended petroleum products or petroleum by-products used as a fuel whether in a liquid, solid or gaseous state.
(WW) 'Gas-fired' means the combustion of natural gas, or a coal-derived gaseous fuel with a sulfur content no greater than natural gas, for at least 90 percent of the average annual heat input during the previous three calendar years and for at least 85 percent of the annual heat input in each of those calendar years; and any fuel other than coal or any other coal-derived fuel for the remaining heat input, if any.
(XX) 'General Account' means an Allowance Tracking System account that is not a unit account.
(YY) 'Generator' means a device that produces electricity and was or would have been required to be reported as a generating unit pursuant to the United States Department of Energy Form 860 (1990 edition).
(ZZ) 'Generator output capacity' means the full-load continuous rating of a generator under specific conditions as designed by the manufacturer.
(AAA) 'Heat input' means the product (expressed in mmBtu/time) of the gross calorific value of the fuel (expressed in Btu/lb) and the fuel feed rate into the combustion device (expressed in mass of fuel/time) and does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.
(BBB) 'Independent power production facility (IPP)' means a source that:
(I) Is nonrecourse project financed, as defined by the Secretary of Energy at 10 CFR part 715;
(II) Is used for the generation of electricity, eighty percent or more of which is sold at wholesale; and
(III) Is a new unit required to hold allowances under title IV of the Act;
(IV) Provided that direct public utility ownership of the equipment comprising the facility does not exceed 50 percent.
(CCC) 'Life-of-the-unit, firm power contractual arrangement' means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified generating unit and pays its proportional amount of such unit's total costs, pursuant to a contract:
(I) For the life of the unit;
(II) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
(III) For a period equal to or greater than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit was built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
(DDD) 'Nameplate capacity' means the maximum electrical generating output (expressed in MWe) that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings, as listed in the NADB under the data field 'NAMECAP' if the generator is listed in the NADB or as measured in accordance with the United States Department of Energy standards if the generator is not listed in the NADB.
(EEE) 'National Allowance Data Base (NADB)' means the data base established by the EPA under section 402(4)(C) of the Act.
(FFF) 'Natural gas' means a naturally occurring fluid mixture of hydrocarbons containing little or no sulfur (e.g., methane, ethane, or propane), produced in geological formations beneath the Earth's surface, and maintaining a gaseous state at standard atmospheric temperature and pressure conditions under ordinary conditions.
(GGG) 'New unit' means a unit that commences commercial operation on or after November 15, 1990, including any such unit that serves a generator with a nameplate capacity of 25 MWe or less or that is a simple combustion turbine.
(HHH) 'Offset plan' means a plan pursuant to 40 CFR part 77 for offsetting excess emissions of sulfur dioxide that have occurred at an affected unit in any calendar year.
(III) 'Oil-fired' means the combustion of: fuel oil for more than 10 percent of the average annual heat input during the previous three calendar years or for more than 15 percent of the annual heat input in any one of those calendar years; and any solid, liquid, or gaseous fuel, other than coal or any other coal-derived fuel (except a coal-derived gaseous fuel with a sulfur content no greater than natural gas), for the remaining heat input, if any.
(JJJ) 'Operating permit' means a permit issued under 40 CFR part 70 and any other regulations implementing title V of the Act.
(KKK) 'Owner' means any of the following persons:
(I) Any holder of any portion of the legal or equitable title in an affected unit; or
(II) Any holder of a leasehold interest in an affected unit; or
(III) Any purchaser of power from an affected unit under a life-of-the-unit, firm power contractual arrangement. However, unless expressly provided for in a leasehold agreement, owner shall not include a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based, either directly or indirectly, upon the revenues or income from the affected unit; or
(IV) With respect to any Allowance Tracking System general account, any person identified in the submission required by 40 CFR 73.31(c) that is subject to the binding agreement for the authorized account representative to represent that person's ownership interest with respect to allowances.
(LLL) 'Owner or operator' means any person who is an owner or who operates, controls, or supervises an affected unit or affected source and shall include, but not be limited to, any holding company, utility system, or plant manager of an affected unit or affected source.
(MMM) 'Permit revision' means a permit modification, fast track modification, administrative permit amendment, or automatic permit amendment, as provided in Section 34(g) of this regulation.
(NNN) 'Phase II' means the Acid Rain Program period beginning January 1, 2000, and continuing into the future thereafter.
(OOO) 'Potential electrical output capacity' means the MWe capacity rating for the units which shall be equal to 33 percent of the maximum design heat input capacity of the steam generating unit, as calculated according to appendix D of 40 CFR part 72.
(PPP) 'Power distribution system' means the portion of an electricity grid owned or operated by a utility that is dedicated to delivering electric energy to customers.
(QQQ) 'Power purchase commitment' means a commitment or obligation of a utility to purchase electric power from a facility pursuant to:
(I) A power sales agreement;
(II) A State regulatory authority order requiring a utility to:
(1.) Enter into a power sales agreement with the facility;
(2.) Purchase from the facility; or
(3.) Enter into arbitration concerning the facility for the purpose of establishing terms and conditions of the utility's purchase of power;
(III) A letter of intent or similar instrument committing to purchase power (actual electrical output or generator output capacity) from the source at a previously offered or lower price and a power sales agreement applicable to the source is executed within the time frame established by the terms of the letter of intent but no later than November 15, 1992 or, where the letter of intent does not specify a time frame, a power sales agreement applicable to the source is executed on or before November 15, 1992; or (IV) A utility competitive bid solicitation that has resulted in the selection of the qualifying facility of independent power production facility as the winning bidder.
(RRR) 'Power sales agreement' is a legally binding agreement between a QF, IPP, or firm associated with such facility and a regulated electric utility that establishes the terms and conditions for the sale of power from the facility to the utility.
(SSS) 'Primary fuel or primary fuel supply' means the main fuel type (expressed in mmBtu) consumed by an affected unit for the applicable calendar year.
(TTT) 'Proposed Acid Rain permit or proposed permit' means the version of an Acid Rain permit that the Division submits to the EPA after the public comment period, but prior to completion of the EPA permit review period under 40 CFR 70.8(c).
(UUU) 'Qualifying facility (QF)' means a 'qualifying small power production facility' within the meaning of section 3(17)(C) of the Federal Power Act or a 'qualifying cogeneration facility' within the meaning of section 3(18)(B) of the Federal Power Act.
(VVV) 'Qualifying power purchase commitment' means a power purchase commitment in effect as of November 15, 1990 without regard to changes to that commitment so long as:
(I) The identity of the electric output purchaser, the identity of the steam purchaser and the location of the facility, remain unchanged as of the date the facility commences commercial operation; and
(II) The terms and conditions of the power purchase commitment are not changed in such a way as to allow the costs of compliance with the Acid Rain Program to be shifted to the purchaser.
(WWW) 'Qualifying repowering technology' means:
(I) 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 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; or
(II) Any oil- or gas-fired unit that has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy.
(XXX) 'Receive or receipt of' means the date the EPA or the Division comes into possession of information or correspondence (whether sent in writing or by authorized electronic transmission), as indicated in an official correspondence log, or by a notation made on the information or correspondence, by the EPA or the Division in the regular course of business.
(YYY) 'Recordation, record, or recorded' means, with regard to allowances, the transfer of allowances by the EPA from one Allowance Tracking System account or subaccount to another.
(ZZZ) 'Schedule of compliance' means an enforceable sequence of actions, measures, or operations designed to achieve or maintain compliance, or correct non-compliance, with an applicable requirement of the Acid Rain Program, including any applicable Acid Rain permit requirement.
(AAAA) 'Secretary of Energy' means the Secretary of the United States Department of Energy or the Secretary's duly authorized representative.
(BBBB) 'Simple combustion turbine' means a unit that is a rotary engine driven by a gas under pressure that is created by the combustion of any fuel. This term includes combined cycle units without auxiliary firing. This term excludes combined cycle units with auxiliary firing, unless the unit did not use the auxiliary firing from 1985 through 1987 and does not use auxiliary firing at any time after November 15, 1990.
(CCCC) 'Solid waste incinerator' means a source as defined in section 129(g)(1) of the Act.
(DDDD) 'Source' means any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits or has the potential to emit any regulated air pollutant under the Act. For purposes of section 502(c) of the Act, a source'', including asource'' with multiple units, shall be considered a single ``facility.''
(EEEE) 'Stack' means a structure that includes one or more flues and the housing for the flues.
(FFFF) 'State' means one of the 48 contiguous States and the District of Columbia and includes any non-federal authorities, including local agencies, interstate associations, and State-wide agencies with approved State operating permit programs. The term ``State'' shall have its conventional meaning where such meaning is clear from the context.
(GGGG) 'State operating permit program' means an operating permit program that the EPA has approved as meeting the requirements of titles IV and V of the Act and 40 CFR parts 70 and 72.
(HHHH) 'Submit or serve' means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
(I) In person;
(II) By United States Postal Service certified mail with the official postmark or, if service is by the EPA or the Division, by any other mail service by the United States Postal Service; or
(III) By other means with an equivalent time and date mark used in the regular course of business to indicate the date of dispatch or transmission and a record of prompt delivery. Compliance with any submission'',service'', or ``mailing'' deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
(IIII) 'Ton or tonnage' means any ``short ton'' (i.e., 2,000 pounds). For the purpose of determining compliance with the Acid Rain emissions limitations and reduction requirements, total tons for a year shall be calculated as the sum of all recorded hourly emissions (or the tonnage equivalent of the recorded hourly emissions rates) in accordance with 40 CFR part 75, with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal one ton and any fraction of a ton less than 0.50 ton deemed not to equal any ton.
(JJJJ) 'Total planned net output capacity' means the planned generator output capacity, excluding that portion of the electrical power which is designed to be used at the power production facility, as specified under one or more qualifying power purchase commitments or contemporaneous documents as of November 15, 1990. 'Total installed net output capacity' shall be the generator output capacity, excluding that portion of the electrical power actually used at the power production facility, as installed.
(KKKK) 'Unit' means a fossil fuel-fired combustion device.
(LLLL) 'Unit account' means an Allowance Tracking System account, established by the EPA for an affected unit pursuant to 40 CFR 73.31 (a) or (b).
(MMMM) 'Utility' means any person that sells electricity.
(NNNN) 'Utility competitive bid solicitation' is a public request from a regulated utility for offers to the utility for meeting future generating needs. A qualifying facility, independent power production facility may be regarded as having been 'selected' in such solicitation if the utility has named the facility as a project with which the utility intends to negotiate a power sales agreement.
(OOOO) 'Utility regulatory authority' means an authority, board, commission, or other entity (limited to the local-, State-, or federal-level, whenever so specified) responsible for overseeing the business operations of utilities located within its jurisdiction, including, but not limited to, utility rates and charges to customers.
(PPPP) 'Utility unit' means a unit owned or operated by a utility:
(I) That serves a generator that produces electricity for sale, or
(II) That during 1985, served a generator that produced electricity for sale.
(III) Notwithstanding paragraphs (I) and (II) of this definition, a unit that was in operation during 1985, but did not serve a generator that produced electricity for sale during 1985, and did not commence commercial operation on or after November 15, 1990 is not a utility unit for purposes of the Acid Rain Program.
(IV) Notwithstanding paragraphs (I) and (II) of this definition, a unit that cogenerates steam and electricity is not a utility unit for purposes of the Acid Rain Program, unless the unit is constructed for the purpose of supplying, or commences construction after November 15, 1990 and supplies, more than one-third of its potential electrical output capacity and more than 25 MWe output to any power distribution system for sale.
(QQQQ) 'WAQSR' means Wyoming Air Quality Standards and Regulations promulgated under the Wyoming Environmental Quality Act, W.S. § 35-11-101 et seq.
(ii) Measurements, Abbreviations, and Acronyms. Measurements, abbreviations, and acronyms used in this regulation are defined as follows:
ASTM- American Society for Testing and Materials Btu-British thermal unit. CFR-Code of Federal Regulations DOE-Department of Energy. mmBtu-million Btu. MWe-megawatt electrical. SO2-sulfur dioxide.
(A) Each of the following units shall be an affected unit, and any source that includes such a unit shall be an affected source, subject to the requirements of the Acid Rain Program:
(I) A unit listed in Table 1 of 40 CFR 73.10(a).
(II) An existing unit that is identified in Table 2 or 3 of 40 CFR 73.10 and any other existing utility unit, except a unit under paragraph (B) of this subsection.
(III) A utility unit, except a unit under paragraph (B) of this subsection, that:
(1.) Is a new unit;
(2.) Did not serve a generator with a nameplate capacity greater than 25 MWe on November 15, 1990 but serves such a generator after November 15, 1990.
(3.) Was a simple combustion turbine on November 15, 1990 but adds or uses auxiliary firing after November 15, 1990;
(4.) Was an exempt cogeneration facility under paragraph (B) (IV) of this subsection but during any three calendar year period after November 15, 1990 sold, to a utility power distribution system, an annual average of more than one-third of its potential electrical out-put capacity and more than 219,000 MWe-hrs electric output, on a gross basis;
(5.) Was an exempt qualifying facility under paragraph (B) (V) of this subsection but, at any time after the later of November 15, 1990 or the date the facility commences commercial operation, fails to meet the definition of qualifying facility;
(6.) Was an exempt independent power production facility under paragraph (B) (VI) but, at any time after the later of November 15, 1990 or the date the facility commences commercial operation, fails to meet the definition of independent power production facility; or
(7.) Was an exempt solid waste incinerator under paragraph (B) (VII) of this subsection but during any three calendar year period after November 15, 1990 consumes 20 percent or more (on a Btu basis) fossil fuel.
(B) The following types of units are not affected units subject to the requirements of the Acid Rain Program:
(I) A simple combustion turbine that commenced operation before November 15, 1990.
(II) Any unit that commenced commercial operation before November 15, 1990 and that did not, as of November 15, 1990, and does not currently, serve a generator with a nameplate capacity of greater than 25 MWe.
(III) Any unit that, during 1985, did not serve a generator that produced electricity for sale and that did not, as of November 15, 1990, and does not currently, serve a generator that produces electricity for sale.
(IV) A cogeneration facility which:
(1.) For a unit that commenced construction on or prior to November 15, 1990, was constructed for the purpose of supplying equal to or less than one-third its potential electrical output capacity or equal to or less than 219,000 MWe-hrs actual electric output on an annual basis to any utility power distribution system for sale (on a gross basis). If the purpose of construction is not known, it will be presumed to be consistent with the actual operation from 1985 through 1987. However, if in any three calendar year period after November 15, 1990, such unit sells to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output (on a gross basis), that unit shall be an affected unit, subject to the requirements of the Acid Rain Program; or
(2.) For units that commenced construction after November 15, 1990, supplies equal to or less than one-third its potential electrical output capacity or equal to or less than 219,000 MWe-hrs actual electric output on an annual basis to any utility power distribution system for sale (on a gross basis). However, if in any three calendar year period after November 15, 1990, such unit sells to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output (on a gross basis), that unit shall be an affected unit, subject to the requirements of the Acid Rain Program.
(V) A qualifying facility that:
(1.) Has, as of November 15, 1990, one or more qualifying power purchase commitments to sell at least 15 percent of its total planned net output capacity; and
(2.) Consists of one or more units designated by the owner or operator with total installed net output capacity not exceeding 130 percent of the total planned net output capacity. If the emissions rates of the units are not the same, the EPA may exercise discretion to designate which units are exempt.
(VI) An independent power production facility that:
(1.) Has, as of November 15, 1990, one or more qualifying power purchase commitments to sell at least 15 percent of its total planned net output capacity; and
(2.) Consists of one or more units designated by the owner or operator with total installed net output capacity not exceeding 130 percent of its total planned net output capacity. If the emissions rates of the units are not the same, the EPA may exercise discretion to designate which units are exempt.
(VII) A solid waste incinerator, if more than 80 percent (on a Btu basis) of the annual fuel consumed at such incinerator is other than fossil fuels. For a solid waste incinerator which began operation before January 1, 1985, the average annual fuel consumption of non-fossil fuels for calendar years 1985 through 1987 must be greater than 80 percent for such an incinerator to be exempt. For a solid waste incinerator which began operation after January 1, 1985, the average annual fuel consumption of non-fossil fuels for the first three years of operation must be greater than 80 percent for such an incinerator to be exempt. If, during any three calendar year period after November 15, 1990, such incinerator consumes 20 percent or more (on a Btu basis) fossil fuel, such incinerator will be an affected source under the Acid Rain Program.
(VIII) A non-utility unit.
(C) A certifying official of any unit may petition the EPA for a determination of applicability under 40 CFR 72.6(c). The EPA's determination of applicability shall be binding upon the Division, unless the petition is found to have contained significant errors or omissions.
(A) Applicability. This subsection applies to any new utility unit that serves one or more generators with total nameplate capacity of 25 MWe or less and burns only fuels with a sulfur content of 0.05 percent or less by weight, as determined in accordance with paragraph (D)(I) of this subsection.
(B) Petition for Written Exemption. The designated representative, authorized in accordance with subpart B of 40 CFR part 72, of a source that includes a unit under paragraph (A) of this subsection may petition the Division for a written exemption, or to renew a written exemption, for the unit from certain requirements of the Acid Rain Program. The petition shall be submitted on a form approved by the Division which includes the following elements:
(I) Identification of the unit.
(II) The nameplate capacity of each generator served by the unit.
(III) A list of all fuels currently burned by the unit and their percentage sulfur content by weight, determined in accordance with paragraph (A) of this subsection.
(IV) A list of all fuels that are expected to be burned by the unit and their sulfur content by weight.
(V) The special provisions in paragraph (D) of this subsection.
(I) (1.) The Division will issue, for any unit meeting the requirements of paragraphs (A) and (B) of this subsection, a written exemption from the requirements of the Acid Rain Program except for the requirements specified in this subsection, 40 CFR 72.2 through 72.7, and 40 CFR 72.10 through 72.13; provided that no unit shall be exempted unless the designated representative of the unit surrenders, and the EPA deducts from the unit's Allowances Tracking System account, allowances pursuant to 40 CFR 72.7(c)(1)(i) and (d)(1).
(2.) The exemption shall take effect on January 1 of the year immediately following the date on which the written exemption is issued as a final agency action subject to judicial review, in accordance with paragraph (C)(II) of this subsection; provided that the owners and operators, and, to the extent applicable, the designated representative, shall comply with the requirements of the Acid Rain Program concerning all years for which the unit was not exempted, even if such requirements arise, or must be complied with, after the exemption takes effect. The exemption shall not be a defense against any violation of such requirements of the Acid Rain Program whether the violation occurs before or after the exemption takes effect.
(II) In considering and issuing or denying a written exemption under paragraph (C)(I) of this subsection, the Division will apply the permitting procedures in Section 34(f) by:
(1.) Treating the petition as an Acid Rain permit application under such provisions;
(2.) Issuing or denying a draft written exemption that is treated as the issuance or denial of a draft permit under such provisions; and
(3.) Issuing or denying a proposed written exemption that is treated as the issuance or denial of a proposed permit under such provisions; provided that no provision under Section 34(f) concerning the content, effective date, or term of an Acid Rain permit shall apply to the written exemption or proposed written exemption under this subsection.
(III) A written exemption issued under this subsection shall have a term of 5 years from its effective date, except as provided in paragraph (D)(III) of this subsection.
(I) The owners and operators of each unit exempted under this subsection shall determine the sulfur content by weight of its fuel as follows:
(1.) For petroleum or petroleum products that the unit burns starting on the first day on which the exemption takes effect until the exemption terminates, a sample of each delivery of such fuel shall be tested using ASTM methods ASTM D4057-88 and ASTM D129-91, ASTM D2622-92, or ASTM D4294-90.
(2.) For natural gas that the unit burns starting on the first day on which the exemption takes effect until the exemption terminates, the sulfur content shall be assumed to be 0.05 per cent or less by weight.
(3.) For gaseous fuel (other than natural gas) that the unit burns starting on the first day on which the exemption takes effect until the exemption terminates, a sample of each delivery of such fuel shall be tested using ASTM methods ASTM D1072-90 and ASTM D1265-92; provided that if the gaseous fuel is delivered by pipeline to the unit, a sample of the fuel shall be tested, at least once every quarter in which the unit operates during any year for which the exemption is in effect, using ASTM method ASTM D1072-90.
(II) The owners and operators of each unit exempted under this subsection shall retain at the source that includes the unit, the records of the results of the tests performed under paragraph (D) (I) (1.) and (3.) of this subsection and a copy of the purchase agreements for the fuel under paragraph (D) (I) of this subsection, stating the sulfur content of such fuel. Such records and documents shall be retained for 5 years from the date they are created.
(III) On the earlier of the date the written exemption expires, the date a unit exempted under this subsection burns any fuel with a sulfur content in excess of 0.05 percent by weight (as determined in accordance with paragraph (D) (I) of this subsection), or 24 months prior to the date the unit first serves one or more generators with total nameplate capacity in excess of 25 MWe, the unit shall no longer be exempted under this subsection and shall be subject to all requirements of the Acid Rain Program, except that:
(1.) Notwithstanding Section 34(c) (i) (B) and (C), the designated representative of the source that includes the unit shall submit a complete Acid Rain permit application on the later of January 1, 1998 or the date the unit is no longer exempted under this subsection.
(2.) For purposes of applying monitoring requirements under 40 CFR part 75, the unit shall be treated as a new unit that commenced commercial operation on the date the unit no longer meets the requirements of paragraph (A) of this subsection.
(A) Applicability. This subsection applies to any affected unit that is retired prior to the issuance (including renewal) of an Acid Rain permit for the unit as a final agency action.
(I) The designated representative, authorized in accordance with subpart B of 40 CFR part 72, of a source that includes a unit under paragraph (A) of this subsection may petition the Division for a written exemption, or to renew a written exemption, for the unit from certain requirements of the Acid Rain Program.
(II) A petition under this subsection shall be submitted on or before:
(1.) The deadline for submitting an Acid Rain permit application for Phase II; or (2.) If the unit has a Phase II Acid Rain permit, the deadline for reapplying for such permit.
(III) The petition under this subsection shall be submitted on a form approved by the Division which includes the following elements:
(1.) Identification of the unit;
(2.) The applicable deadline under paragraph (B)(II) of this subsection;
(3.) The actual or expected date of retirement of the unit;
(4.) The following statement: ``I certify that this unit [‘is’ or ‘will be’, as applicable] permanently retired on the date specified in this petition and will not emit any sulfur dioxide or nitrogen oxides after such date;''
(5.) A description of any actions that have been or will be taken and provide the basis for the certification in paragraph (B)(III)(4.) of this subsection; and
(6.) The special provisions in paragraph (D) of this subsection.
(I) (1.) The Division will issue, for any unit meeting the requirements of paragraphs (A) and (B) of this subsection, a written exemption from the requirements of Section 34(a) through (h) and 40 CFR part 72 except for the requirements specified in this subsection and 40 CFR 72.1 through 72.6, 40 CFR 72.8, and 40 CFR 72.10 through 72.13.
(2.) The exemption shall take effect on January 1 of the year following the date on which the written exemption is issued as a final agency action subject to judicial review, in accordance with paragraph (C)(II) of this subsection; provided that the owners and operators, and, to the extent applicable, the designated representative, shall comply with the requirements of Section 34(a) through (h) and 40 CFR part 72 concerning all years for which the unit was not exempted, even if such requirements arise or must be complied with after the exemption takes effect. The exemption shall not be a defense against any violation of such requirements of the Acid Rain Program whether the violation occurs before or after the exemption takes effect.
(II) In considering and issuing or denying a written exemption under paragraph (C)(I) of this subsection, the Division will apply the procedures in Section 34(f) by:
(1.) Treating the petition as an Acid Rain permit application under such provisions;
(2.) Issuing or denying a draft written exemption that is treated as the issuance or denial of a draft permit under such provisions; and
(3.) Issuing or denying a proposed written exemption that is treated as a proposed permit under such provisions; provided that no provision under Section 34(f) concerning, the content, effective date, or term of an Acid Rain permit shall apply to the written exemption or proposed written exemption under this subsection.
(III) A written exemption issued under this subsection shall have a term of 5 years, except as provided in paragraph (D)(III) of this subsection.
(I) A unit exempted under this subsection shall not emit any sulfur dioxide and nitrogen dioxide starting on the date it is exempted.
(II) The owners and operators of a unit exempted under this subsection shall comply with monitoring requirements in accordance with 40 CFR part 75 and will be allocated allowances in accordance with 40 CFR part 73.
(III) A unit exempted under this subsection shall not resume operation unless the designated representative of the source that includes the unit submits an Acid Rain permit application for the unit not less than 24 months prior to the later of January 1, 2000 or the date the unit is to resume operation. On the earlier of the date the written exemption expires or the date an Acid Rain permit application is submitted or is required to be submitted under this paragraph, the unit shall no longer be exempted under this subsection and shall be subject to all requirements of Section 34(a) through (h) and 40 CFR part 72.
(I) The designated representative of each affected source and each affected unit at the source shall:
(1.) Submit a complete Acid Rain permit application under this part in accordance with the deadlines specified in Section 34(c)(i);
(2.) Submit in a timely manner any supplemental information that the Division determines is necessary in order to review an Acid Rain permit application and issue or deny an Acid Rain permit.
(II) The owners and operators of each affected source and each affected unit at the source shall:
(1.) Operate the unit in compliance with a complete Acid Rain permit application or a superseding Acid Rain permit issued by the Division; and
(2.) Have an Acid Rain Permit.
(I) The owners and operators and, to the extent applicable, designated representative of each affected source and each affected unit at the source shall comply with the monitoring requirements as provided in 40 CFR part 75 and section 407 of the Act and regulations implementing section 407 of the Act.
(II) The emissions measurements recorded and reported in accordance with 40 CFR part 75 and section 407 of the Act and regulations implementing section 407 of the Act shall be used to determine compliance by the unit with the Acid Rain emissions limitations and emissions reduction requirements for sulfur dioxide and nitrogen oxides under the Acid Rain Program.
(III) The requirements of 40 CFR part 75 and regulations implementing section 407 of the Act shall not affect the responsibility of the owners and operators to monitor emissions of other pollutants or other emissions characteristics at the unit under other applicable requirements of the Act and other provisions of the operating permit for the source.
(I) The owners and operators of each source and each affected unit at the source shall:
(1.) Hold allowances, as of the allowance transfer deadline, in the unit's compliance subaccount (after deductions under 40 CFR 73.34(c)) not less than the total annual emissions of sulfur dioxide for the previous calendar year from the unit; and
(2.) Comply with the applicable Acid Rain emissions limitation for sulfur dioxide.
(II) Each ton of sulfur dioxide emitted in excess of the Acid Rain emissions limitations for sulfur dioxide shall constitute a separate violation of the Act.
(III) An affected unit shall be subject to the requirements under paragraph (C)(I) of this subsection as follows:
(1.) Starting January 1, 2000, an affected unit under Section 34(a)(iii)(A)(II); or (2.) Starting on the later of January 1, 2000 or the deadline for monitor certification under 40 CFR part 75, an affected unit under Section 34(a)(iii)(A)(III).
(IV) Allowances shall be held in, deducted from, or transferred among Allowance Tracking System accounts in accordance with the Acid Rain Program.
(V) An allowance shall not be deducted, in order to comply with the requirements under paragraph (C)(I)(1.) of this subsection, prior to the calendar year for which the allowance was allocated.
(VI) An allowance allocated by the EPA under the Acid Rain Program is a limited authorization to emit sulfur dioxide in accordance with the Acid Rain Program. No provision of the Acid Rain Program, the Acid Rain permit application, the Acid Rain permit, or the written exemption under Section 34(a)(iv) and (v) and no provision of law shall be construed to limit the authority of the United States to terminate or limit such authorization.
(VII) An allowance allocated by the EPA under the Acid Rain Program does not constitute a property right.
(D) Nitrogen Oxides Requirements. The owners and operators of the source and each affected unit at the source shall comply with the applicable Acid Rain emissions limitation for nitrogen oxides.
(I) The designated representative of an affected unit that has excess emissions in any calendar year shall submit a proposed offset plan to the EPA, as required under 40 CFR part 77, and submit a copy to the Division.
(II) The owners and operators of an affected unit that has excess emissions in any calendar year shall:
(1.) Pay to the EPA without demand the penalty required, and pay to the EPA upon demand the interest on that penalty, as required by 40 CFR part 77; and
(2.) Comply with the terms of an approved offset plan, as required by 40 CFR part 77.
(I) Unless otherwise provided, the owners and operators of the source and each affected unit at the source shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created. This period may be extended for cause, at any time prior to the end of 5 years, in writing by the EPA or the Division.
(1.) The certificate of representation for the designated representative for the source and each affected unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation, in accordance with 40 CFR 72.24; provided that the certificate and documents shall be retained on site at the source beyond such 5-year period until such documents are superseded because of the submission of a new certificate of representation changing the designated representative.
(2.) All emissions monitoring information, in accordance with 40 CFR part 75.
(3.) Copies of all reports, compliance certifications, and other submissions and all records made or required under the Acid Rain Program.
(4.) Copies of all documents used to complete an Acid Rain permit application and any other submission under the Acid Rain Program or to demonstrate compliance with the requirements of the Acid Rain Program.
(II) The designated representative of an affected source and each affected unit at the source shall submit the reports and compliance certifications required under the Acid Rain Program, including those under Section 34(h) and 40 CFR part 75.
(I) Any person who knowingly violates any requirement or prohibition of the Acid Rain Program, a complete Acid Rain permit application, an Acid Rain permit, or a written exemption under Section 34(a)(iv) or (v), including any requirement for the payment of any penalty owed to the United States, shall be subject to enforcement by the EPA pursuant to section 113(c) of the Act and by the Division pursuant to W.S. § 35-11-901(j).
(II) Any person who knowingly makes a false, material statement in any record, submission, or report under the Acid Rain Program shall be subject to criminal enforcement by the EPA pursuant to section 113(c) of the Act and 18 U.S.C. 1001 and by the Division pursuant to W.S. § 35-11-901(k).
(III) No permit revision shall excuse any violation of the requirements of the Acid Rain Program that occurs prior to the date that the revision takes effect.
(IV) Each affected source and each affected unit shall meet the requirements of the Acid Rain Program.
(V) Any provision of the Acid Rain Program that applies to an affected source (including a provision applicable to the designated representative of an affected source) shall also apply to the owners and operators of such source and of the affected units at the source.
(VI) Any provision of the Acid Rain Program that applies to an affected unit (including a provision applicable to the designated representative of an affected unit) shall also apply to the owners and operators of such unit. Except as provided under Section 34(d)(ii) (Phase II repowering extension plans), section 407 of the Act and regulations implementing section 407 of the Act, and except with regard to the requirements applicable to units with a common stack under 40 CFR part 75 (including 40 CFR 75.16, 75.17, and 75.18), the owners and operators and the designated representative of one affected unit shall not be liable for any violation by any other affected unit of which they are not owners or operators or the designated representative and that is located at a source of which they are not owners or operators or the designated representative.
(VII) Each violation of a provision of Section 34(a) through (j) and 40 CFR parts 72, 73, 75, 77, and 78, and regulations implementing sections 407 and 410 of the Act by an affected source or affected unit, or by an owner or operator or designated representative of such source or unit, shall be a separate violation of the Act.
(H) Effect on Other Authorities. No provision of the Acid Rain Program, an Acid Rain permit application, an Acid Rain permit, or a written exemption under Section 34(a)(iv) or (v) shall be construed as:
(I) Except as expressly provided in title IV of the Act, exempting or excluding the owners and operators and, to the extent applicable, the designated representative of an affected source or affected unit from compliance with any other provision of the Act, including the provisions of title I of the Act relating to applicable National Ambient Air Quality Standards or State Implementation Plans;
(II) Limiting the number of allowances a unit can hold; provided, that the number of allowances held by the unit shall not affect the source's obligation to comply with any other provisions of the Act;
(III) Requiring a change of any kind in any State law regulating electric utility rates and charges, affecting any State law regarding such State regulation, or limiting such State regulation, including any prudence review requirements under such State law;
(IV) Modifying the Federal Power Act or affecting the authority of the Federal Energy Regulatory Commission under the Federal Power Act; or
(V) Interfering with or impairing any program for competitive bidding for power supply in a State in which such program is established.
(A) The designated representative shall submit a certificate of representation, and any superseding certificate of representation, to the EPA in accordance with subpart B of 40 CFR part 72 and, concurrently, shall submit a copy to the Division. Whenever the term 'designated representative' is used in this regulation, the term shall be construed to include the alternate designated representative.
(B) Each submission under the Acid Rain Program shall be submitted, signed, and certified by the designated representative for all sources on behalf of which the submission is made.
(C) In each submission under the Acid Rain Program, the designated representative shall certify, by his or her signature:
(I) The following statement, which shall be included verbatim in such submission: ``I am authorized to make this submission on behalf of the owners and operators of the affected source or affected units for which the submission is made.''
(II) The following statement, which shall be included verbatim in such submission: ``I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.''
(D) The Division will accept or act on a submission made on behalf of owners or operators of an affected source and an affected unit only if the submission has been made, signed, and certified in accordance with paragraphs (B) and (C) of this subsection.
(E) (I) The designated representative of a source shall serve notice on each owner and operator of the source and of an affected unit at the source:
(1.) By the date of submission, of any Acid Rain Program submissions by the designated representative;
(2.) Within 10 business days of receipt of a determination, of any written determination by the EPA or the Division; and
(3.) Provided that the submission or determination covers the source or the unit.
(II) The designated representative of a source shall provide each owner and operator of an affected unit at the source a copy of any submission or determination under paragraph (E)(I) of this subsection, unless the owner or operator expressly waives the right to receive such a copy.
(ii) Objections.
(A) Except as provided in 40 CFR 72.23, no objection or other communication submitted to the EPA or the Division concerning the authorization, or any submission, action or inaction, of the designated representative shall affect any submission, action, or inaction of the designated representative, or the finality of any decision by the Division, under the Acid Rain Program. In the event of such communication, the Division is not required to stay any submission or the effect of any action or inaction under the Acid Rain Program.
(B) The Division will not adjudicate any private legal dispute concerning the authorization or any submission, action, or inaction of any designated representative, including private legal disputes concerning the proceeds of allowance transfers.
(A) Duty to apply. The designated representative of any source with an affected unit shall submit a complete Acid Rain permit application by the applicable deadline in paragraphs (B) and (C) of this subsection, and the owners and operators of such source and any affected unit at the source shall not operate the source or unit without a permit that states its Acid Rain Program requirements.
(I) For any source with an existing unit described under Section 34(a)(iii)(A)(II), the designated representative shall submit a complete Acid Rain permit application governing such unit to the Division on or before January 1, 1996.
(II) For any source with a new unit described under Section 34(a)(iii)(A)(III)(1.), the designated representative shall submit a complete Acid Rain permit application governing such unit to the Division at least 24 months before the later of January 1, 2000 or the date on which the unit commences operation.
(III) For any source with a unit described under Section 34(a)(iii)(A)(III)(2.), the designated representative shall submit a complete Acid Rain permit application governing such unit to the Division at least 24 months before the later of January 1, 2000 or the date on which the unit begins to serve a generator with a nameplate capacity greater than 25 MWe.
(IV) For any source with a unit described under Section 34(a)(iii)(A)(III)(3.), the designated representative shall submit a complete Acid Rain permit application governing such unit to the Division at least 24 months before the later of January 1, 2000 or the date on which the auxiliary firing commences operation.
(V) For any source with a unit described under Section 34(a)(iii)(A)(III)(4.), the designated representative shall submit a complete Acid Rain permit application governing such unit to the Division before the later of January 1, 1998 or March 1 of the year following the three calendar year period in which the unit sold to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output (on a gross basis).
(VI) For any source with a unit described under Section 34(a)(iii)(A)(III)(5.), the designated representative shall submit a complete Acid Rain permit application governing such unit to the Division before the later of January 1, 1998 or March 1 of the year following the calendar year in which the facility fails to meet the definition of qualifying facility.
(VII) For any source with a unit described under Section 34(a)(iii)(A)(III)(6.), the designated representative shall submit a complete Acid Rain permit application governing such unit to the Division before the later of January 1, 1998 or March 1 of the year following the calendar year in which the facility fails to meet the definition of an independent power production facility.
(VIII) For any source with a unit described under Section 34(a)(iii)(A)(III)(7.), the designated representative shall submit a complete Acid Rain permit application governing such unit to the Division before the later of January 1, 1998 or March 1 of the year following the three calendar year period in which the incinerator consumed 20 percent or more fossil fuel (on a Btu basis).
(C) Duty to Reapply. The designated representative shall submit a complete Acid Rain permit application for each source with an affected unit at least 6 months prior to the expiration of an existing Acid Rain permit governing the unit.
(D) The original and three copies of all permit applications shall be submitted to the Division.
(ii) Information requirements for Acid Rain permit applications. A complete Acid Rain permit application shall be submitted on a form approved by the Division, which includes the following elements:
(A) Identification of the affected source for which the permit application is submitted;
(B) Identification of each affected unit at the source for which the permit application is submitted;
(C) A complete compliance plan for each unit, in accordance with Section 34(d);
(D) The standard requirements under Section 34(a)(vi); and (E) If the unit is a new unit, the date that the unit has commenced or will commence operation and the deadline for monitor certification.
(iii) Permit application shield and binding effect of permit application.
(A) Once a designated representative submits a timely and complete Acid Rain permit application, the owners and operators of the affected source and the affected units covered by the permit application shall be deemed in compliance with the requirement to have an Acid Rain permit under Section 34(a)(vi)(A)(II) and Section 34(c)(i)(A); provided that any delay in issuing an Acid Rain permit is not caused by the failure of the designated representative to submit in a complete and timely fashion supplemental information, as required by the Division, necessary to issue a permit.
(B) Prior to the earlier of the date on which an Acid Rain permit is issued as a final agency action subject to judicial review, an affected unit governed by and operated in accordance with the terms and requirements of a timely and complete Acid Rain permit application shall be deemed to be operating in compliance with the Acid Rain Program.
(C) A complete Acid Rain permit application shall be binding on the owners and operators and the designated representative of the affected source and the affected units covered by the permit application and shall be enforceable as an Acid Rain permit from the date of submission of the permit application until the issuance or denial of such permit as a final agency action subject to judicial review.
(A) For each affected unit included in an Acid Rain permit application, a complete compliance plan shall include:
(I) For sulfur dioxide emissions, a certification that, as of the allowance transfer deadline, the designated representative will hold allowances in the unit's compliance subaccount (after deductions under 40 CFR 73.34(c)) not less than the total annual emissions of sulfur dioxide from the unit. The compliance plan may also specify, in accordance with Section 34(d), one or more of the Acid Rain compliance options.
(II) For nitrogen oxides emissions, a certification that the unit will comply with the applicable limitation established by regulations implementing section 407 of the Act or shall specify one or more Acid Rain compliance options, in accordance with section 407 of the Act and regulations implementing section 407.
(B) The compliance plan may include a multi-unit compliance option under Section 34(d)(ii) or section 407 of the Act or regulations implementing section 407.
(I) A plan for a compliance option that includes units at more than one affected source shall be complete only if:
(1.) Such plan is signed and certified by the designated representative for each source with an affected unit governed by such plan; and
(2.) A complete permit application is submitted covering each unit governed by such plan.
(II) The Division's approval of a plan under paragraph (B)(I) of this subsection that includes units in more than one State shall be final only after every permitting authority with jurisdiction over any such unit has approved the plan with the same modifications or conditions, if any.
(C) Conditional Approval. In the compliance plan, the designated representative of an affected unit may propose, in accordance with Section 34(d), any Acid Rain compliance option for conditional approval; provided that an Acid Rain compliance option under section 407 of the Act may be conditionally proposed only to the extent provided in regulations implementing section 407 of the Act.
(I) To activate a conditionally-approved Acid Rain compliance option, the designated representative shall notify the Division in writing that the conditionally-approved compliance option will actually be pursued beginning January 1 of a specified year. Such notification shall be subject to the limitations on activation under Section 34(d)(ii) and regulations implementing section 407 of the Act. If the conditionally approved compliance option includes a plan described in paragraph (B)(I) of this subsection, the designated representative of each source governed by the plan shall sign and certify the notification.
(II) The notification under paragraph (C)(I) of this subsection shall specify the first calendar year and the last calendar year for which the conditionally approved Acid Rain compliance option is to be activated. A conditionally approved compliance option shall be activated, if at all, before the date of any enforceable milestone applicable to the compliance option. The date of activation of the compliance option shall not be a defense against failure to meet the requirements applicable to that compliance option during each calendar year for which the compliance option is activated.
(III) Upon submission of a notification meeting the requirements of paragraphs (C)(I) and (II) of this subsection, the conditionally-approved Acid Rain compliance option becomes binding on the owners and operators and the designated representative of any unit governed by the conditionally-approved compliance option.
(IV) A notification meeting the requirements of paragraphs (C)(I) and (II) of this subsection will revise the unit's permit in accordance with Section 34(g)(iv) (administrative permit amendment).
(I) The designated representative for a unit may terminate an Acid Rain compliance option by notifying the Division in writing that an approved compliance option will be terminated beginning January 1 of a specified year. Such notification shall be subject to the limitations on termination under Section 34(d)(ii) and regulations implementing section 407 of the Act. If the compliance option includes a plan described in paragraph (B)(I) of this subsection, the designated representative for each source governed by the plan shall sign and certify the notification.
(II) The notification under paragraph (D)(I) of this subsection shall specify the calendar year for which the termination will take effect.
(III) Upon submission of a notification meeting the requirements of paragraphs (D)(I) and (II) of this subsection, the termination becomes binding on the owners and operators and the designated representative of any unit governed by the Acid Rain compliance option to be terminated.
(IV) A notification meeting the requirements of paragraphs (D)(I) and (II) of this subsection will revise the unit's permit in accordance with Section 34(g)(iv) (administrative permit amendment).
(ii) Repowering extensions.
(I) This subsection shall apply to the designated representative of:
(1.) Any existing affected unit that is a coal-fired unit and has a 1985 actual SO₂ emissions rate equal to or greater than 1.2 lbs/mmBtu; or
(2.) Any new unit that will be a replacement unit, as provided in paragraph (B)(II) of this subsection, for a unit meeting the requirements of paragraph (A)(I)(1.) of this subsection; or
(3.) Any oil and/or gas-fired unit that has been awarded clean coal technology demonstration funding as of January 1, 1991 by the Secretary of Energy.
(II) A repowering extension does not exempt the owner or operator for any unit governed by the repowering plan from the requirement to comply with such unit's Acid Rain emissions limitations for sulfur dioxide.
(B) The designated representative of any unit meeting the requirements of paragraph (A)(I)(1.) of this subsection may include in the unit's Acid Rain permit application a repowering extension plan that includes a demonstration that:
(I) The unit will be repowered with a qualifying repowering technology in order to comply with the emissions limitations for sulfur dioxide; or
(II) The unit will be replaced by a new utility unit that has the same designated representative and that is located at a different site using a qualified repowering technology and the existing unit will be permanently retired from service on or before the date on which the new utility unit commences commercial operation.
(C) In order to apply for a repowering extension, the designated representative of a unit under paragraph (A) of this subsection shall:
(I) Submit to the Division, by January 1, 1996, a complete repowering extension plan;
(II) Submit to the EPA before June 1, 1997, a complete petition for approval of repowering technology in accordance with 40 CFR 72.44(d) and submit a copy to the Division; and
(III) If the repowering extension plan is submitted for conditional approval, submit to the Division by December 31, 1997, a notification to activate the plan in accordance with Section 34(d)(i)(C).
(D) Contents of Repowering Extension Plan. A complete repowering extension plan shall include the following elements:
(I) Identification of the existing unit governed by the plan.
(II) The unit's federally-approved State Implementation Plan sulfur dioxide emissions limitation.
(III) The unit's 1995 actual SO₂ emissions rate, or best estimate of the actual emissions rate; provided that the actual emissions rate is submitted to the Division by January 30, 1996.
(IV) A schedule for construction, installation, and commencement of operation of the repowering technology approved or submitted for approval under 40 CFR 72.44(d) with dates for the following milestones:
(1.) Completion of design engineering;
(2.) For a plan under paragraph (B)(I) of this subsection, removal of the existing unit from operation to install the qualified repowering technology;
(3.) Commencement of construction;
(4.) Completion of construction;
(5.) Start-up testing;
(6.) For a plan under paragraph (B) (II) of this subsection, shutdown of the existing unit; and
(7.) Commencement of commercial operation of the repowering technology.
(V) For a plan under paragraph (B) (II) of this subsection:
(1.) Identification of the new unit. A new unit shall not be included in more than one repowering extension plan.
(2.) Certification that the new unit will replace the existing unit.
(3.) Certification that the new unit has the same designated representative as the existing unit.
(4.) Certification that the existing unit will be permanently retired from service on or before the date the new unit commences commercial operation.
(VI) The special provisions of paragraph (G) of this subsection.
(E) The Air Quality Division's Action on Repowering Extension Plan.
(I) The Division will not approve a repowering extension plan until the EPA makes a conditional determination that the technology is a qualified repowering technology, unless the Division approves such plan subject to the conditional determination of the EPA.
(II) Permit Issuance.
(1.) Upon a conditional determination by the EPA that the technology to be used in the repowering extension plan is a qualified repowering technology and a determination by the Division that such plan meets the requirements of this subsection, the Division will issue the Acid Rain portion of the operating permit including:
a. The approved repowering extension plan; and
b. A schedule of compliance with enforceable milestones for construction, installation, and commencement of operation of the repowering technology and other requirements necessary to ensure that emission reduction requirements under this subsection will be met.
(2.) Except as otherwise provided in paragraph (F) of this subsection, the repowering extension shall be in effect starting January 1, 2000 and ending on the day before the date (specified in the Acid Rain permit) on which the existing unit will be removed from operation to install the qualifying repowering technology or will be permanently removed from service for replacement by a new unit with such technology; provided that the repowering extension shall end no later than December 31, 2003.
(3.) The portion of the operating permit specifying the repowering extension and other requirements under paragraph (E)(II)(1.) of this subsection shall be subject to the EPA's final determination, under 40 CFR 72.44(d)(4), that the technology to be used in the repowering extension plan is a qualifying repowering technology.
(III) Allowance Allocation. Allowances will be allocated in accordance with 40 CFR 72.44(f)(3) and (g).
(I) (1.) If, at any time before the end of the repowering extension under paragraph (E)(II)(2.) of this subsection, the designated representative of a unit governed by an approved repowering extension plan submits the notification under Section 34(h)(ii)(D) that the owners and operators have decided to terminate efforts to properly design, construct, and test the repowering technology specified in the plan before completion of construction or start-up testing, the designated representative may submit to the Division a proposed permit modification demonstrating that such efforts were in good faith. If such demonstration is to the satisfaction of the EPA, the unit shall not be deemed in violation of the Act because of such a termination and the Division will revise the operating permit in accordance with paragraph (F)(I)(2.) of this subsection.
(2.) Regardless of whether notification under paragraph (F)(I)(1.) of this subsection is given, the repowering extension will end beginning on the earlier of the date of such notification or the date by which the designated representative was required to give such notification under Section 34(h)(ii)(D).
(II) The designated representative of a unit governed by an approved repowering extension plan may submit to the Division a proposed permit modification demonstrating that the repowering technology specified in the plan was properly constructed and tested on such unit but was unable to achieve the emissions reduction limitations specified in the plan and that it is economically or technologically infeasible to modify the technology to achieve such limits, the unit shall not be deemed in violation of the Act because of such failure to achieve the emissions reduction limitations. In order to be properly constructed and tested, the repowering technology shall be constructed at least to the extent necessary for direct testing of the multiple combustion emissions (including sulfur dioxide and nitrogen oxides) from such unit while operating the technology at nameplate capacity. If such demonstration is to the satisfaction of the EPA, (1.) The unit shall not be deemed in violation of the Act because of such failure to achieve the emissions reduction limitations;
(2.) The Division will revise the Acid Rain portion of the operating permit in accordance with paragraphs (F)(II)(2.) and (3.) of this subsection;
(3.) The existing unit may be retrofitted or repowered with another clean coal or other available control technology; and
(4.) The repowering extension will continue in effect until the earlier of the date the existing unit commences commercial operation with such control technology or December 31, 2003.
(1.) Sulfur Dioxide. Allowances allocated during the repowering extension under paragraphs (E)(II) and (F) of this subsection to a unit governed by an approved repowering extension plan shall not be transferred to any Allowance Tracking System account other than the unit accounts of other units at the same source as that unit.
(2.) Nitrogen Oxides. Any existing unit governed by an approved repowering extension plan shall be subject to the Acid Rain emissions limitations for nitrogen oxides in accordance with section 407 of the Act and regulations implementing section 407 of the Act beginning on the date that the unit is removed from operation to install the repowering technology or is permanently removed from service.
(3.) No existing unit governed by an approved repowering extension plan shall be eligible for a waiver under section 111(j) of the Act.
(4.) No new unit governed by an approved repowering extension plan shall receive an exemption from the requirements imposed under section 111 of the Act.
(II) Reporting Requirements. Each unit governed by an approved repowering extension plan shall comply with the special reporting requirements of Section 34(h)(ii).
(1.) The owners and operators of a unit governed by an approved repowering plan shall be liable for any violation of the plan or this subsection at that or any other unit governed by the plan,
(2.) The units governed by the plan under paragraph (B)(II) of this subsection shall continue to have a common designated representative until the existing unit is permanently retired under the plan.
(IV) Terminations. Except as provided in paragraph (F) of this subsection, a repowering extension plan shall not be terminated after December 31, 1999.
(A) Each Acid Rain permit (including any draft or proposed Acid Rain permit) will contain the following elements:
(I) All elements required for a complete Acid Rain permit application under Section 34(c)(ii), as approved or adjusted by the Division;
(II) The applicable Acid Rain emissions limitation for sulfur dioxide; and
(III) The applicable Acid Rain emissions limitation for nitrogen oxides.
(B) Each Acid Rain permit is deemed to incorporate the definitions of terms under Section 34(a)(i).
(ii) Permit shield. Each affected unit operated in accordance with the Acid Rain permit that governs the unit and that was issued in compliance with title IV of the Act, as provided in Section 34(a) through (h), 40 CFR parts 72, 73, 75, 77, and 78, and the regulations implementing section 407 of the Act, shall be deemed to be operating in compliance with the Acid Rain Program, except as provided in Section 34(a)(vi)(G)(VI).
(i) General. The Division will issue or deny all Acid Rain permits in accordance with Section 30 of WAQSR, including the completeness determination, draft permit, administrative record, statement of basis, public notice and comment period, public hearing, proposed permit, permit issuance, permit revision, and appeal procedures as amended by Section 34(f) and (g).
(ii) Completeness. The Division will submit a written notice of application completeness to the EPA within 10 working days following a determination by the Division that the Acid Rain permit application is complete.
(A) The statement of basis will briefly set forth significant factual, legal, and policy considerations on which the Division relied in issuing or denying the draft permit.
(B) The statement of basis will include the reasons, and supporting authority, for approval or disapproval of any compliance options requested in the permit application, including references to applicable statutory or regulatory provisions and to the administrative record.
(C) The Division will submit to the EPA a copy of the draft Acid Rain permit and the statement of basis and all other relevant portions of the operating permit that may affect the draft Acid Rain permit.
(iv) Issuance of Acid Rain permits.
(A) Proposed permit. After the close of the public comment period, the Division will incorporate all necessary changes and issue or deny a proposed Acid Rain permit.
(B) The Division will submit the proposed Acid Rain permit or denial of a proposed Acid Rain permit to the EPA in accordance with Section 30(e)(i) of WAQSR, the provisions of which shall be treated as applying to the issuance or denial of a proposed Acid Rain permit.
(C) (I) Following the EPA's review of the proposed Acid Rain permit or denial of a proposed Acid Rain permit, the Division or, under Section 30(e)(ii)(C)(IV) of WAQSR (treated as applying to the issuance or denial of an Acid Rain permit), the EPA will incorporate any required changes and issue or deny the Acid Rain permit in accordance with Section 34(e).
(II) No Acid Rain permit (including a draft or proposed permit) shall be issued unless the EPA has received a certificate of representation for the designated representative of the source in accordance with subpart B of 40 CFR part 72.
(D) Permit issuance deadline and effective date.
(I) On or before December 31, 1997, the Division will issue an Acid Rain permit to each affected source whose designated representative submitted a timely and complete Acid Rain permit application by January 1, 1996 in accordance with Section 34(b)(i) and meets the requirements of Section 34(f) and Section 30 of WAQSR.
(II) Nitrogen Oxides. Not later than January 1, 1999, the Division will reopen the Acid Rain permit to add the Acid Rain Program nitrogen oxides requirements; provided that the designated representative of the affected source submitted a timely and complete Acid Rain permit application for nitrogen oxides in accordance with Section 34(b)(i). Such reopening shall not affect the term of the Acid Rain portion of an operating permit.
(III) Each Acid Rain permit issued in accordance with paragraph (D)(I) of this subsection shall take effect by the later of January 1, 2000, or, where the permit governs a unit under Section 34(a)(iii)(A)(III), the deadline for monitor certification under 40 CFR part 75.
(IV) Each Acid Rain permit shall have a term of 5 years commencing on its effective date.
(V) An Acid Rain permit shall be binding on any new owner or operator or designated representative of any source or unit governed by the permit.
(E) (I) Each Acid Rain permit shall contain all applicable Acid Rain requirements, shall be a portion of the operating permit that is complete and segregable from all other air quality requirements, and shall not incorporate information contained in any other documents, other than documents that are readily available.
(II) Invalidation of the Acid Rain portion of an operating permit shall not affect the continuing validity of the rest of the operating permit, nor shall invalidation of any other portion of the operating permit affect the continuing validity of the Acid Rain portion of the permit.
(v) Acid Rain Permit Appeal Procedures.
(A) Appeals of the Acid Rain portion of an operating permit issued by the Division that do not challenge or involve decisions or actions of the EPA under 40 CFR part 72, 73, 75, 77 and 78 and sections 407 and 410 of the Act and regulations implementing sections 407 and 410 shall be conducted according to the procedures for administrative appeals in the Department of Environmental Quality, Rules of Practice and Procedure, and for judicial review in W.S. § 35-11-1001. Appeals of the Acid Rain portion of such a permit that challenge or involve such decisions or actions of the EPA shall follow the procedures under 40 CFR part 78 and section 307 of the Act. Such decisions or actions include, but are not limited to, allowance allocations, determinations concerning alternative monitoring systems, and determinations of whether a technology is a qualifying repowering technology.
(B) No administrative appeal of the Acid Rain portion of an operating permit shall be allowed more than 60 days following issuance of the Acid Rain portion that is subject to administrative appeal. No judicial appeal of the Acid Rain portion of an operating permit shall be allowed more than 30 days after final Department action, subject to judicial appeal.
(C) The EPA may intervene as a matter of right in any State administrative appeal of an Acid Rain permit or denial of an Acid Rain permit.
(D) No administrative appeal concerning an Acid Rain requirement shall result in a stay of the following requirements:
(I) the allowance allocations for any year during which the appeal proceeding is pending or is being conducted;
(II) any standard requirement under Section 34(a)(vi);
(III) the emissions monitoring and reporting requirements applicable to the affected units at an affected source under 40 CFR part 75;
(IV) uncontested provisions of the decision on appeal; and
(V) the terms of a certificate of representation submitted by a designated representative under subpart B of 40 CFR part 72.
(E) The Division will serve written notice on the EPA of any State administrative or judicial appeal concerning an Acid Rain provision of any operating permit or denial of an Acid Rain portion of any operating permit within 30 days of the filing of the appeal.
(F) The Division will serve written notice on the EPA of any determination or order in a State administrative or judicial proceeding that interprets, modifies, voids, or otherwise relates to any portion of an Acid Rain permit. Following any such determination or order, the EPA will have an opportunity to review and veto the Acid Rain permit or revoke the permit for cause in accordance with Section 30(e) of WAQSR.
(i) General.
(A) Section 34(g) shall govern revisions to any Acid Rain permit issued by the Division.
(B) A permit revision may be submitted for approval at any time. No permit revision shall affect the term of the Acid Rain permit to be revised. No permit revision shall excuse any violation of an Acid Rain Program requirement that occurred prior to the effective date of the revision.
(C) The terms of the Acid Rain permit shall apply while the permit revision is pending.
(D) Any determination or interpretation by State (including the Division or a State court) modifying or voiding any Acid Rain permit provision shall be subject to review by the EPA in accordance with Section 30(e)(ii)(C) of WAQSR as applied to permit modifications, unless the determination or interpretation is an administrative amendment approved in accordance with Section 34(g)(iv).
(E) The standard requirements of Section 34(a)(vi) shall not be modified or voided by a permit revision.
(F) Any permit revision involving incorporation of a compliance option that was not submitted for approval and comment during the permit issuance process, or involving a change in a compliance option that was previously submitted, shall meet the requirements for applying for such compliance option under Section 34(d)(ii) and section 407 of the Act and regulations implementing section 407 of the Act.
(G) For permit revisions not described in Section 34(g)(ii) and (iii), the Division may, in its discretion, determine which of these subsections is applicable.
(A) (I) Permit modifications shall follow the permit issuance requirements of Section 34(f) and Section 30(d)(iv)(C)(II) of WAQSR.
(II) For purposes of applying paragraph (A)(I) of this subsection, a permit modification shall be treated as an Acid Rain permit application, to the extent consistent with Section 34(g).
(B) The following permit revisions are permit modifications:
(I) Relaxation of an excess emission offset requirement after approval of the offset plan by the EPA;
(II) Incorporation of a final nitrogen oxides alternative emission limitation following a demonstration period;
(III) Determinations concerning failed repowering projects under Section 34(d)(ii)(F)(I)(1.) and (II); and
(IV) At the option of the designated representative submitting the permit revision, the permit revisions listed in Section 34(g)(iii)(B).
(A) Fast-track modifications shall follow the following procedures:
(I) The designated representative shall serve a copy of the fast-track modification on the EPA, the Division, and any person entitled to a written notice under Sections 30(d)(ix) and 30(e)(ii) of WAQSR. Within 5 business days of serving such copies, the designated representative shall also give public notice by publication in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice.
(II) The public shall have a period of 30 days, commencing on the date of publication of the notice, to comment on the fast-track modification. Comments shall be submitted in writing to the Division and to the designated representative.
(III) The designated representative shall submit the fast-track modification to the Division on or before commencement of the public comment period.
(IV) Within 30 days of the close of the public comment period, the Division will consider the fast-track modification and the comments received and approve, in whole or in part or with changes or conditions as appropriate, or disapprove the modification. A fast-track modification shall be effective immediately upon issuance, in accordance with Section 30(d)(i)(A)(V) of WAQSR as applied to significant modifications.
(B) The following permit revisions are, at the option of the designated representative submitting the permit revision, either fast-track modifications under this subsection or permit modifications under Section 34(g)(ii):
(I) Incorporation of a compliance option that the designated representative did not submit for approval and comment during the permit issuance process;
(II) Addition of a nitrogen oxides averaging plan to a permit; and
(III) Changes in a repowering plan, nitrogen oxides averaging plan, or nitrogen oxides compliance deadline extension.
(iv) Administrative permit amendment.
(A) Administrative amendments shall follow the procedures set forth at Section 30(d)(v)(C) of WAQSR. The Division will submit the revised portion of the permit to the EPA within 10 working days after the date of final action on the request for an administrative amendment.
(B) The following permit revisions are administrative amendments:
(I) Activation of a compliance option conditionally approved by the Division; provided that all requirements for activation under Section 34(d)(i)(C) and 34(d)(ii) are met;
(II) Changes in the designated representative or alternative designated representative; provided that a new certificate of representation is submitted to the EPA in accordance with subpart B of 40 CFR part 72;
(III) Correction of typographical errors;
(IV) Changes in names, addresses, or telephone or facsimile numbers;
(V) Changes in the owners or operators; provided that a new certificate of representation is submitted within 30 days to the EPA in accordance with subpart B of 40 CFR part 72;
(VI) Termination of a compliance option in the permit; provided that all requirements for termination under Section 34(d)(i)(D) shall be met and this procedure shall not be used to terminate a repowering plan after December 31, 1999;
(VII) Changes in the date, specified in a new unit's Acid Rain permit, of commencement of operation or the deadline for monitor certification, provided that they are in accordance with Section 34(a)(vi);
(VIII) The addition of or change in a nitrogen oxides alternative emissions limitation demonstration period, provided that the requirements of regulations implementing section 407 of the Act are met; and
(IX) Incorporation of changes that the EPA has determined to be similar to those in paragraphs (A)(I) through (VIII) of this subsection.
(v) Automatic permit amendment. The following permit revisions shall be deemed to amend automatically, and become a part of the affected unit's Acid Rain permit by operation of law without any further review:
(A) Upon recordation by the EPA under 40 CFR part 73, all allowance allocations to, transfers to, and deductions from an affected unit's Allowance Tracking System account; and
(B) Incorporation of an offset plan that has been approved by the EPA under 40 CFR part 77.
(vi) Permit reopenings.
(A) As provided in Section 30(d)(vii) of WAQSR, the Division will reopen an Acid Rain permit for cause, including whenever additional requirements become applicable to any affected unit governed by the permit.
(B) In reopening an Acid Rain permit for cause, the Division will issue a draft permit changing the provisions, or adding the requirements, for which the reopening was necessary. The draft permit shall be subject to the requirements of Section 34(e) and (f).
(C) Any reopening of an Acid Rain permit shall not affect the term of the permit.
(i) Annual compliance certification report.
(A) Applicability and Deadline. For each calendar year in which a unit is subject to the Acid Rain emissions limitations, the designated representative of the source at which the unit is located shall submit to the EPA and to the Division, within 60 days after the end of the calendar year, an annual compliance certification report for the unit in compliance with 40 CFR 72.90.
(B) The submission of complete compliance certifications in accordance with paragraph (A) of this subsection and 40 CFR part 75 shall be deemed to satisfy the requirement to submit compliance certifications under
Section 30(h)(iii)(E) with regard to the Acid Rain portion of the source's operating permit.
(ii) Units with repowering extension plans.
(A) Design and Engineering and Contract Requirements. No later than January 1, 2000, the designated representative of a unit governed by an approved repowering plan shall submit to the EPA and the Division:
(I) Satisfactory documentation of a preliminary design and engineering effort.
(II) A binding letter agreement for the executed and binding contract (or for each in a series of executed and binding contracts) for the majority of the equipment to repower the unit using the technology conditionally approved by the EPA under 40 CFR 72.44(d)(3).
(III) The letter agreement under paragraph (A)(II) of this subsection shall be signed and dated by each party and specify:
(1.) The parties to the contract;
(2.) The date each party executed the contract;
(3.) The unit to which the contract applies;
(4.) A brief list identifying each provision of the contract;
(5.) Any dates to which the parties agree, including construction completion date;
(6.) The total dollar amount of the contract; and
(7.) A statement that a copy of the contract is on site at the source and will be submitted upon written request of the EPA or the Division.
(B) Removal From Operation to Repower. The designated representative of a unit governed by an approved repowering plan shall notify the EPA and the Division in writing at least 60 days in advance of the date on which the existing unit is to be removed from operation so that the qualified repowering technology can be installed, or is to be replaced by another unit with the qualified repowering technology, in accordance with the plan.
(C) Commencement of Operation. Not later than 60 days after the units repowered under an approved repowering plan commences operation at full load, the designated representative of the unit shall submit a report to the EPA and the and the Division comparing the actual hourly emissions and percent removal of each pollutant controlled at the unit to the actual hourly emissions and percent removal at the existing unit under the plan prior to repowering, determined in accordance with 40 CFR part 75.
(D) Decision to Terminate. If at any time before the end of the repowering extension and before completion of construction and start-up testing, the owners and operators decide to terminate good faith efforts to design, construct, and test the qualified repowering technology on the unit to be repowered under an approved repowering plan, then the designated representative shall submit a notice to the EPA [and the Division] by the earlier of the end of the repowering extension or a date within 30 days of such decision, stating the date on which the decision was made.
(i) Nitrogen Oxides Emission Reduction Program [Reserved]
(j) Sulfur Dioxide Opt-ins [Reserved]