Current through September 21, 2024
(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 Chapter 6, Section 3 of these regulations, submit
an application to the Division for a Chapter 6, Section 3 operating permit
within twelve (12) months of commencing operation.
(iii) Facilities or sources not subject to
the provisions of Chapter 6, Section 3 of these regulations shall obtain a
Chapter 6, Section 2 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 Chapter 6,
Section 2(k)(viii), shall pay a fee to cover the Department's cost of reviewing
and acting on permit applications in accordance with paragraph (o) of this
section.
(vi) Facilities or sources
subject to the provisions of Chapter 6, Section 5 or Chapter 6, Section 6 shall
submit the permit application as required by Chapter 6, Section 5(a)(iii) or by
Chapter 6, Section 6(h)(iv) as part of the permit application submitted in
accordance with Chapter 6, Section 2(b)(i).
(b)
(i) The
owner of the facility or the operator of the facility authorized to act for the
owner is responsible for applying for and obtaining a permit to construct
and/or operate. The application shall be made on forms provided by the Division
of Air Quality and each application shall be accompanied by site information,
plans descriptions, specifications, and drawings showing the design of the
source, the nature and amount of the emissions, and the manner in which it will
be operated and controlled. A detailed schedule for the construction or
modification of the facility shall be included. A separate application is
required for each source. Any additional information, plans, specifications,
evidence, or documentation that the Administrator of the Division of Air
Quality may require shall be furnished upon request. The applicant shall
conduct such continuous Ambient Air Quality monitoring analyses as may be
determined by the Administrator to be necessary in order to assure that
adequate data are available for purposes of establishing existing concentration
levels of all affected pollutants. As a guideline, such data should be gathered
continuously over a period of one calendar year preceding the date of
application. Upon petition of the applicant, the Administrator will review the
proposed monitoring programs and advise the applicant if such is approvable or
modifications are required.
(ii)
For portable sources or facilities, the Division may authorize the owner or
operator to utilize a "self issuance" operating permit system for new locations
which are not new sources or facilities. For purposes of this paragraph, a new
source or facility is a source or facility for which operation or construction
commenced after May 29, 1974, and for which a permit has not previously been
issued.
The Division shall provide to authorized owners or operators
of portable sources, forms upon which the self-issued permits are to be
recorded. The owner or operator shall, at a minimum provide, as appropriate the
permit number previously issued to the portable source or facility, the new
location for which the permit is issued, the duration of operation of the new
location, the production rate at the new location and the production at the new
location in addition to any other information that the Administrator may
require. Such permit shall be executed and a copy provided to the Air Quality
Division prior to operation at the new location.
All conditions previously issued for the operation of the
portable facility continue as applicable conditions for operation at subsequent
locations.
(c)
No approval to construct or modify shall be granted unless the applicant shows,
to the satisfaction of the Administrator of the Division of Air Quality that:
(i) The proposed facility will comply with
all rules and regulations of the Wyoming Department of Environmental Quality,
Division of Air Quality, and with the intent of the Wyoming Environmental
Quality Act.
(ii) The proposed
facility will not prevent the attainment or maintenance of any ambient air
quality standard.
(A) A facility will be
considered to cause or contribute to a violation of an ambient air quality
standard if the projected impact of emissions from the facility exceed the
following significance levels at any locality that does not or would not meet
the applicable standard:
|
POLLUTANT |
AVERAGING TIME
(HOURS) |
|
ANNUAL
(µg/m3) |
24
(µg/m3) |
8
(mg/m3) |
3
(µg/m3) |
1
(mg/m3) |
|
SO2 |
1.0 |
5 |
--- |
25 |
--- |
|
PM10 |
1.0 |
5 |
--- |
--- |
--- |
|
NOx |
1.0 |
--- |
--- |
--- |
--- |
|
CO |
--- |
--- |
0.5 |
--- |
2 |
(B)
Notwithstanding the provisions of Chapter 6, Section 2(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 Chapter 6,
Section 4.
(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 p roper land use planning as determined by the appropriate
state or local agency charged with such responsibility.
(v) The proposed facility will utilize the
Best Available Control Technology with consideration of the technical
practicability and economic reasonableness of reducing or eliminating the
emissions resulting from the facility. For large mining operations, specific
measures normally required and to be considered include but are not limited to:
(A) The paving of access roads;
(B) The treating of major haul roads with a
suitable dust suppressant;
(C) The
treatment of temporary haul roads;
(D) The use of silos, trough barns, or
similar enclosed containers for the storage of large volumes of material
awaiting load out and shipment;
(E)
The treatment of active work areas; and
(F) The treatment of temporary ore
stockpiles.
(vi) The
proposed facility will have provisions for measuring the emissions of
significant air contaminants as determined by the Administrator of the Division
of Air Quality.
(vii) The proposed
facility will achieve the performance specified in the application for the
permit to construct or modify.
(viii) The proposed facility will not emit
any air pollutant in amounts which will (i) prevent attainment or maintenance
by any other state of any such national primary or secondary Ambient Air
Quality Standard or (ii) interfere with measures required by the Federal Clean
Air Act to be included in the applicable Implementation Plan for any other
state to prevent significant deterioration of air quality or to protect
visibility.
(d) In
meeting the requirements of Chapter 6, Section 2(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
Chapter 6, Section 2(d)(i) is defined for a specific structure or terrain
feature, and
(A) For purposes of applying the
formula provided in Chapter 6, Section 2(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
Chapter 6, Section 2(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 Chapter 6, Section 2(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 Chapter 6, Section 2(d)(i)(C) and
means,
(A) For sources seeking credit for
stack height exceeding that established under Chapter 6, Section 2(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 (Chapter 6,
Section 4), 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 Chapter 6, Section 2(d)(i)(A) or (B) the
Administrator will notify the public of the availability of the demonstration
study and proved 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
Chapter 6, Section 2(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; and
(iv) Ambient Air Quality monitoring which, in
the judgment of the Administrator, is necessary to determine the effect which
emissions from a source may have, or is having, on air quality in any area
which may be affected by emissions from such source.
(g) The Administrator will review each
application within 30 days and notify the applicant as to whether or not the
application is complete. If the application is complete, the Administrator will
propose approval, conditional approval or denial and will publish such proposal
within 60 days of the determination that the application is complete. If the
application is not complete, the application will be considered inactive and
additional information as necessary will be requested. A complete application
shall include all materials and analyses which the Administrator determines are
necessary for the Division to review the facility as a source of air
pollution.
(h) A permit to
construct or modify shall remain in effect until the permit to operate the
facility for which the application was filed is granted or denied or the
application is canceled. However, an approval to construct or modify shall
become invalid if construction is not commenced within 24 months after receipt
of such approval or if construction is discontinued for a period of 24 months
or more. The Administrator may extend such time period(s) upon a satisfactory
showing that an extension is justified. This provision does not apply to the
time period between construction of the approved phases of a phased
construction project; however, each phase must commence construction within 24
months of the projected and approved commencement date for such phase.
Notwithstanding the above, a permit containing a case-by-case MACT
determination pursuant to Chapter 6, Section 6 shall expire if construction or
reconstruction has not commenced within 18 months of issuance, unless the
Division has granted an extension which shall not exceed an additional 12
months.
(i) Any owner or operator
subject to the provisions of this regulation shall furnish the Administrator
written notification as follows:
(i) A
notification of the anticipated date of initial start-up of each source not
more than 60 days or less than 30 days prior to such date.
(ii) A notification of the actual date of
initial start-up of each source within 15 days after such date.
(j) Within 30 days after achieving
the maximum design production rate for which the permit is approved and at
which each source will be operated, but not later than 90 days after initial
start-up of such source, the owner or operator of such source shall conduct a
performance test(s) in accordance with methods and under operating conditions
approved by the Administrator and furnish the Administrator a written report of
the results of each performance test.
(i) Such
test shall be at the expense of the owner or operator.
(ii) The Administrator may monitor such test
and may also conduct performance tests.
(iii) The owner or operator of a source shall
provide the Administrator 15 days prior notice of the performance test to
afford the Administrator the opportunity to have an observer present.
(iv) The Administrator may waive the
requirement for performance tests if the owner or operator of a source has
demonstrated by other means to the Administrator's satisfaction that the source
is being operated in compliance with all State and Federal Regulations which
are part of the applicable plan.
(v) If the maximum design production rate for
which the permit is approved is not achieved within 90 days of initial
start-up, testing will be conducted on a schedule to be defined by the
Administrator. This schedule may require that the source be tested at the
production rate achieved within 90 days of initial start-up and again when
maximum design production rate is achieved.
(k) Approval to construct or modify shall not
be required for:
(i) The installation or
alteration of an air pollutant detector, air pollutants recorder, combustion
controller, or combustion shutoff.
(ii) Air conditioning or ventilating systems
not designed to remove air pollutants generated by or released from
equipment.
(iii) Fuel burning
equipment other than a smokehouse generator which has a heat input of not more
than 25 million BTU per hour (6.25 billion gm-cal/hr) and burns only gaseous
fuel containing not more than 20 grains total sulfur per 100 std.
ft3; has a heat input of not more than 10 million
BTU/hr (2.5 billion gm-cal/hr) and burns any other fuel.
(iv) Mobile internal combustion
engines.
(v) Laboratory equipment
used exclusively for chemical or physical analyses.
(vi) The installation of air pollution
control equipment which is not a part of a project which requires a
construction or modification permit under Chapter 6, Section 2 or 4 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 Chapter 6, Section 4
shall comply with the requirements of both Chapter 6, Sections 2 and 4.
(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 Chapter
6, Section 4 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 Chapter 6, Section 4, but not later than 60 days
prior to public notice issued under Chapter 6, Section 2(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 Chapter 6, Section 4, 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 $150.00 for operation in each new location. This fee shall be
submitted with each "self issuance" permit submitted to the Division for
operation under Chapter 6, Section 2(a)(iv) and Chapter 6, Section 2(b) of
these regulations. For portable sources or facilities which are not authorized
to use the "self issuance" permits, the fee assessment shall be $300.00 for
operation at each new location.
