(a) Applicability.
The following sources are subject to the operating permit requirements of this
section:
(i) Any major source;
(ii) Any source, including an area source,
subject to a standard, limitation, or other requirement under section 111 of
the Act and Chapter 5, Section 2 of the WAQSR;
(iii) Any source, including an area source,
subject to a standard or other requirement under section 112 of the Act, except
that a source is not required to obtain a permit solely because it is subject
to regulations or requirements under section 112(r) of the Act;
(iv) Any "affected source" subject to the
acid rain provisions of Title IV of the Act;
(v) Any stationary source subject to
preconstruction review requirements pursuant to the Prevention of Significant
Deterioration of Chapter 6, Section 4 of the WAQSR;
(vi) Any other stationary source in a source
category that the EPA may designate by regulation pursuant to the authority
granted under the Act;
(vii) The
following sources are specifically exempt from operating permit requirements of
this section:
(A) Sources subject to Chapter
5, Section 2, Subpart AAA -Standards of Performance for New Residential Wood
Heaters; and
(B) Sources subject to
the asbestos standards for demolition and renovation of Chapter 3, Section
8.
(viii) Permitted
sources which are not subject to the requirements of this section must obtain
an operating permit under Chapter 6, Section 2 of the WAQSR;
(ix) Research and Development Activities.
Emissions from research and development facilities which are support facilities
collocated with another source under common ownership or control must be
included (along with other emissions from the source) in determining the
applicability of Chapter 6, Section 3 if fifty (50) percent or more of the
output from the research and development facility is used by the main activity
at the source. Otherwise, research and development operations may be considered
as separate and discrete stationary sources in determining whether such
operations are subject to Chapter 6, Section 3 operating permit
requirements.
(x) Emissions Units
and Chapter 6, Section 3 Sources.
(A) For
major sources, the Division shall include in the permit all applicable
requirements for all relevant emissions units in the major source;
(B) For any nonmajor source subject to the
Chapter 6, Section 3 program under paragraph Chapter 6, Section 3(a), the
Division shall include in the permit all applicable requirements applicable to
emissions units that cause the source to be subject to the Chapter 6, Section 3
program.
(xi) Fugitive
Emissions. Fugitive emissions from a Chapter 6, Section 3 source shall be
included in the permit application and the Chapter 6, Section 3 permit in the
same manner as stack emissions, regardless of whether the source category in
question is included in the list of sources contained in the definition of
major source.
(b)
Definitions. The following definitions apply to Chapter 6, Section 3. Unless
defined differently below, the meaning of the terms used in this section is the
same as in Chapter 1, Section 3; Chapter 5, Section 2; Chapter 6, Section 4 of
the WAQSR.
"Act" means the Clean Air Act,
as amended,
42 U.S.C.
7401, et seq.
"Affected source" shall have
the meaning given to it in regulations promulgated under Title IV of the Act
for the acid rain program.
"Affected states" are all
states:
(i) Whose air quality may be
affected and that are contiguous to the State of Wyoming where an operating
permit, permit modification or permit renewal subject to the provisions of this
section is being proposed; or
(ii)
That are within fifty miles of the permitted source.
"Affected unit" shall have the
meaning given to it in the regulations promulgated under Title IV of the
Act.
"Alternative operating scenario
(AOS)" means a scenario authorized by the Division in an
operating permit that involves a change in a source subject to this section for
a particular emissions unit, that either results in the unit being subject to
one or more applicable requirements which differ from those applicable to the
emissions unit prior to implementation of the change or renders inapplicable
one or more requirements previously applicable to the emissions unit prior to
implementation of the change.
"Applicable requirement" means
all of the following as they apply to emissions units at a source subject to
this section (including requirements with future effective compliance dates
that have been promulgated or approved by the EPA or the State through
rulemaking at the time of issuance of the operating permit):
(i) Any standard or other requirement
provided for in the Wyoming implementation plan approved or promulgated by the
EPA under Title I of the Act that implements the relevant requirements of the
Act, including any revisions to the plan promulgated in 40 CFR part
52;
(ii) Any standards or
requirements in the WAQSR which are not a part of the approved Wyoming
implementation plan and are not federally enforceable;
(iii) Any term or condition of any
preconstruction permits issued pursuant to regulations approved or promulgated
through rulemaking under Title I, including parts C or D of the Act and
including Chapter 5, Section 2 and Chapter 6, Sections 2 and 4 of the
WAQSR;
(iv) Any standard or other
requirement promulgated under section 111 of the Act, including section 111(d)
and Chapter 5, Section 2 of the WAQSR;
(v) Any standard or other requirement under
section 112 of the Act, including any requirement concerning accident
prevention under section 112(r)(7) of the Act and including any regulations
promulgated by the EPA and the State pursuant to Section 112 of the
Act;
(vi) Any standard or other
requirement of the acid rain program under Title IV of the Act or the
regulations promulgated thereunder;
(vii) Any requirements established pursuant
to section 504(b) or section 114(a)(3) of the Act concerning enhanced
monitoring and compliance certifications;
(viii) Any standard or other requirement
governing solid waste incineration, under section 129 of the Act;
(ix) Any standard or other requirement for
consumer and commercial products, under section 183(e) of the Act (having to do
with the release of volatile organic compounds under ozone control
requirements);
(x) Any standard or
other requirement of the regulations promulgated to protect stratospheric ozone
under Title VI of the Act, unless the EPA has determined that such requirements
need not be contained in a Title V permit;
(xi) Any national ambient air quality
standard or increment or visibility requirement under part C of Title I of the
Act, but only as it would apply to temporary sources permitted pursuant to
section 504(e) of the Act;
(xii)
Any state ambient air quality standard or increment or visibility requirement
of the WAQSR;
(xiii) Nothing under
the definition of "Applicable requirement" in paragraph (b) of this section
shall be construed as affecting the allowance program and Phase II compliance
schedule under the acid rain provision of Title IV of the Act.
"Approved replicable methodology
(ARM)" means an operating permit term that:
(i) Specifies a protocol which is consistent
with and implements an applicable requirement, or requirement of this section,
such that the protocol is based on sound scientific and/or mathematical
principles and provides reproducible results using the same inputs;
and
(ii) Require the results of
that protocol to be recorded and used for assuring compliance with such
applicable requirement, any other applicable requirement implicated by
implementation of the ARM, or requirement of this section, including where an
ARM is used for determining applicability of a specific requirement to a
particular change.
"Commencement of operation"
means the setting into operation of a new or modified source (subject to the
provisions of this section) for any purpose.
"Department" means the Wyoming
Department of Environmental Quality or its Director.
"Designated representative" or
"alternate designated representative" shall have
the meaning given to it in the regulations promulgated under Title IV of the
Act.
"Division" means the Air
Quality Division of the Wyoming Department of Environmental Quality or its
Administrator.
"Draft permit" means the
version of a permit for which the Division offers public notice and an
opportunity for public comment and hearing.
"Emissions allowed under the
permit" means a federally enforceable permit term or condition
determined at issuance to be required by an applicable requirement that
establishes an emissions limit (including a work practice standard) or a
federally enforceable emissions cap that the source has assumed to avoid an
applicable requirement to which the source would otherwise be subject.
"Emissions unit" means any
part or activity of a stationary source that emits or has the potential to emit
any regulated air pollutant or any pollutant listed under section 112(b) of the
Act. This term is not meant to alter or affect the definition of the term
"unit" for purposes of Title IV of the Act.
"EPA" means the Administrator
of the U.S. Environmental Protection Agency or the Administrator's
designee.
"Final permit" means the
version of an operating permit under this section issued by the Division that
has completed all review procedures required by Chapter 6, Section 3(d) and
Section 3(e).
"Fugitive emissions" means
those emissions which could not reasonably pass through a stack, chimney, vent,
or other functionally equivalent opening.
"General permit" means an
operating permit under this section that meets the requirements of Chapter 6,
Section 3(i).
"Greenhouse gases (GHGs)"
means the air pollutant defined as the aggregate group of six greenhouse gases:
carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons,
and sulfur hexafluoride.
"Major source" means any
stationary source (or any group of stationary sources that are located on one
or more contiguous or adjacent properties, and are under common control of the
same person or persons under common control) belonging to a single major
industrial grouping and this is described in paragraphs (i), (ii), or (iii) of
this definition. For the purpose of defining "major source", a stationary
source or group of stationary sources shall be considered part of a single
industrial grouping if all of the pollutant emitting activities at such source
or group of sources on contiguous or adjacent properties belong to the same
Major Group (i.e., all have the same two-digit code) as described in the
Standard Industrial Classification Manual, 1987.
(i) A major source under section 112 of the
Act, which is defined as:
(A) For pollutants
other than radionuclides, any stationary source or group of stationary sources
located within a contiguous area and under common control that emits or has the
potential to emit, in the aggregate, 10 tons per year (tpy) or more of any
hazardous air pollutant which has been listed pursuant to section 112(b) of the
Act, 25 tpy or more of any combination of such hazardous air pollutants, or
such lesser quantity as the EPA may establish by rule. Notwithstanding the
preceding sentence, emissions from any oil or gas exploration or production
well (with its associated equipment) and emissions from any pipeline compressor
or pump station shall not be aggregated with emissions from other similar
units, whether or not such units are in a contiguous area or under common
control, to determine whether such units or stations are major sources;
or
(B) For radionuclides, "major
source" shall have the meaning specified by the EPA by rule.
(ii) A major stationary source of
air pollutants, as defined in section 302 of the Act, that directly emits or
has the potential to emit, 100 tpy or more of any air pollutant including any
major source of fugitive emissions of any such pollutant, as determined by rule
by the EPA, except that a source that meets this definition for only GHGs and
no other air pollutant, shall not be required to comply with the provisions of
this section. Emissions of air pollutants regulated solely due to section
112(r) of the Act shall not be considered in determining whether a source is a
"major source" for purposes of Chapter 6, Section 3 applicability. The fugitive
emissions of a stationary source shall not be considered in determining whether
it is a major stationary source unless the source belongs to one of the
following categories of stationary sources:
(A) Stationary sources listed under the
definition for "Major stationary source", item (a), in Chapter 6, Section 4(a)
of the WAQSR; or
(B) Any other
stationary source category, which as of August 7, 1980 is being regulated under
section 111 or 112 of the Act.
(iii) A major stationary source as defined in
part D of Title I of the Act (in reference to sources located in nonattainment
areas).
"Operating permit" means any
permit or group of permits covering a source under this section that is issued,
renewed, amended, or revised pursuant to this section.
"Permit modification" means a
revision to an operating permit that meets the requirements of Chapter 6,
Section 3(d)(vi).
"Permit revision" means any
permit modification or administrative permit amendment.
"Potential to emit" means the
maximum capacity of a stationary source to emit any air pollutant under its
physical and operational design. Any physical or operational limitation on the
capacity of a source to emit an air pollutant, including air pollution control
equipment and restrictions on hours of operation or on the type or amount of
material combusted, stored or processed, shall be treated as part of its design
if the limitation is enforceable by the EPA and the Division. This term does
not alter or affect the use of this term for any other purposes under the Act,
or the term "capacity factor" as used in Title IV of the Act or the regulations
promulgated thereunder.
"Proposed permit" means the
version of a permit that the Division proposes to issue and forwards to the EPA
for review.
"Regulated air pollutant"
means the following:
(i) Nitrogen
oxides (NOx) or any volatile organic compound;
(ii) Any pollutant for which a national
ambient air quality standard has been promulgated;
(iii) Any pollutant that is subject to any
standard established in Chapter 5, Section 2 of the WAQSR or section 111 of the
Act;
(iv) Any Class I or II
substance subject to a standard promulgated under or established by Title VI of
the Act; or
(v) Any pollutant
subject to a standard promulgated under section 112 or other requirements
established under section 112 of the Act, including sections 112(g), (j), and
(r) of the Act, including the following:
(A)
Any pollutant subject to requirements under section 112(j) of the Act. If the
EPA fails to promulgate a standard by the date established pursuant to section
112(e) of the Act, any pollutant for which a subject source would be major
shall be considered to be regulated on the date 18 months after the applicable
date established pursuant to section 112(e) of the Act; and
(B) Any pollutant for which the requirements
of section 112(g)(2) of the Act have been met, but only with respect to the
individual source subject to section 112(g)(2) requirement.
(vi) Pollutants regulated solely
under section 112(r) of the Act are to be regulated only with respect to the
requirements of section 112(r) for permits issued under this section.
"Regulated pollutant (for fee
calculation)", which is used only for purposes of Chapter 6,
Section 3(f), means any "regulated air pollutant" except the following:
(i) Carbon monoxide;
(ii) Any pollutant that is a regulated air
pollutant solely because it is a Class I or II substance subject to a standard
promulgated under or established by Title VI of the Act; or
(iii) Any pollutant that is a regulated air
pollutant solely because it is subject to a standard or regulation under
section 112(r) of the Act.
"Renewal" means the process by
which a permit is reissued at the end of its term.
"Responsible official" means
one of the following:
(i) For a
Corporation:
(A) A president, secretary,
treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy or
decision-making functions for the corporation; or
(B) A duly authorized representative of such
person if the representative is responsible for the overall operation of one or
more manufacturing, production, or operating facilities applying for or subject
to a permit and either:
(I) The facilities
employ more than 250 persons or have gross annual sales or expenditures
exceeding $25 million (in second quarter 1980 dollars); or
(II) The delegation of authority to such
representative is approved in advance by the Division.
(ii) For a Partnership or Sole
Proprietorship: a general partner or the proprietor, respectively;
(iii) For a Municipality, State, Federal, or
Other Public Agency: Either a principal executive officer or ranking elected
official. For the purposes of this part, a principal executive officer of a
federal agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency;
or
(iv) For Affected Sources:
(A) The designated representative or
alternate designated representative in so far as actions, standards,
requirements, or prohibitions under Title IV of the Act or the regulations
promulgated thereunder are concerned; and
(B) The designated representative, alternate
designated representative, or responsible official under the definition for
"Responsible official" in Chapter 6, Section 3(b) for all other purposes under
this section.
"Section 502(b)(10) changes"
are changes that contravene an express permit term. Such changes do not include
changes that would violate applicable requirements or contravene federally
enforceable permit terms and conditions that are monitoring (including test
methods), recordkeeping, reporting or compliance certification
requirements.
"Source" means any stationary
source or area source (if subject to a standard, limitation or other
requirement under section 111 or 112 of the Act).
"State" means any non-Federal
permitting authority, including any local agency, interstate association, or
statewide program. "State" shall have its conventional meaning where such
meaning is clear from the context.
"Stationary source" means any
building, structure, facility, or installation that emits or may emit any
regulated air pollutant or any pollutant listed under section 112(b) of the
Act.
"tpy CO2 equivalent
emissions (CO2e)" shall represent an
amount of GHGs emitted, and shall be computed by multiplying the mass amount of
emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by
the gas's associated global warming potential published at Table A-1 to Subpart
A of 40 CFR part 98 --Global Warming Potentials, and summing the resultant
value for each to compute a tpy CO2e. Prior to July 21,
2014, the mass of the greenhouse gas carbon dioxide shall not include carbon
dioxide emissions resulting from the combustion or decomposition of
nonfossilized and biodegradable organic material originating from plants,
animals, or microorganisms (including products, by-products, residues and waste
from agriculture, forestry and related industries as well as the non-fossilized
and biodegradable organic fractions of industrial and municipal wastes,
including gases and liquids recovered from the decomposition of non-fossilized
and biodegradable organic material). Table A-1 to Subpart A of 40 CFR part 98
is adopted by reference.
"WAQSR" means the Wyoming Air
Quality Standards and Regulations promulgated under the Wyoming Environmental
Quality Act, W.S. §
35-11-101
et seq.
(c) Permit Applications. Any stationary
source or group of stationary sources subject to this section shall submit a
timely and complete permit application in accordance with this paragraph.
(i) Timely Application.
(A) A timely application for a source
applying for an operating permit under this section for the first time is one
that is submitted to the Division within twelve (12) months after the source
becomes subject to this section.
(B) Every stationary source or group of
stationary sources which are subject to this section under paragraph (a), and
which is required to obtain a construction or modification permit under Chapter
5, Section 2 or Chapter 6, Section 2 or 4 of the WAQSR or section 112(g) of the
Act shall file a complete application to obtain an operating permit within
twelve (12) months after commencing operation. Where an existing operating
permit would prohibit such construction or change in operation, the owner or
operator must obtain a permit revision before commencing operation.
(C) For the purpose of an operating permit
renewal, a timely application is one that is submitted at least six (6) months,
but no earlier than eighteen (18) months, prior to the date of the permit
expiration.
(D) Transition Period.
Initial operating permit applications for sources subject to this section shall
be submitted as follows:
(I) Permit
applications for operating natural gas compressor engines, operating natural
gas sweetening plants, and operating natural gas processing plants subject to
the standards of performance of Subpart KKK of Chapter 5, Section 2 of the
WAQSR, shall be submitted within four (4) months of the EPA's approval of this
operating permit program, but not later than November 15, 1995. This
requirement for the early submittal of permit applications includes only major
sources as defined in Chapter 6, Section 3(b).
(II) Permit applications for all other
operating sources subject to this section shall be submitted within twelve (12)
months of the EPA's approval of this operating permit program, but not later
than November 15, 1995.
(III)
Applications for affected facilities addressing State and federal requirements,
other than Title IV acid rain program requirements, shall be submitted to the
Division within twelve (12) months of EPA approval of the operating permit
program, but no later than November 15, 1995. Applications for phase II acid
rain permits and all other acid rain permits for affected facilities shall be
submitted in accordance with the acid rain permit application deadlines of
Chapter 11, Section 2(c)(i)(B).
(IV) All sources listed at Chapter 6, Section
3(a) that are not major sources, affected sources, or solid waste incineration
units required to obtain a permit pursuant to section 129(e) of the Act, shall
submit a permit application pursuant to this section at such time as the EPA
requires such sources to obtain an operating permit in final regulations
promulgated pursuant to Title V of the Act.
(ii) Complete Application.
(A) Operating permit applications shall be
submitted on the Division's standard operating permit application forms and any
required EPA Title IV acid rain permit forms. The information which must be
included in the permit application is specified below:
(I) Identifying information, including
company name and address (or plant name and address if different from the
company name), owner's name and agent, and telephone number and names of plant
site manager/contact.
(II) A
description of the source's processes and products (by Standard Industrial
Classification Code) including those associated with any proposed AOS
identified by the source.
(III) The
following emissions related information:
(1.)
All emissions of pollutants for which the source is major, and all emissions of
regulated air pollutants. The permit application shall describe all emissions
of regulated air pollutants emitted from any emissions unit. Sufficient
information shall be provided to verify which requirements are applicable to
the source, and other information necessary to collect any permit fees owed
under the fee schedule developed pursuant to Chapter 6, Section 3(f).
The source shall not be required to furnish the above
information for insignificant activities and emission levels such as
maintenance, cleaning and painting, welding, chemical storage and transfer, and
other activities which are incidental to the source's primary business activity
and which result in emissions of less than one ton per year of a regulated
pollutant not included in the section 112(b) list of hazardous air pollutants
or emissions less than 1,000 pounds per year of a pollutant regulated pursuant
to listing under section 112(b) of the Act. Provided however, such emission
levels of hazardous air pollutants do not exceed exemptions based on
insignificant emission levels established by EPA through rulemaking for
modification under section 112(g) of the Act. The source shall list such
insignificant activities, proposed for exclusion, in its application and
certify that emissions from each of these activities are less than the above
quantities. Activities and emissions which have applicable requirements shall
not be excluded from the operating permit application.
(2.) Identification and description of all
emission points and fugitive emission sources in sufficient detail to establish
the basis for fees and applicability of requirements of the Act and the
WAQSR.
(3.) Emission rates in tons
per year and in such terms as are necessary to establish compliance consistent
with the applicable emission standard and reference test method. For emissions
units subject to an annual emissions cap, tpy can be reported as part of the
aggregate emissions associated with the cap, except where more specific
information is needed, including where necessary to determine and/or assure
compliance with the applicable requirement.
(4.) The following information to the extent
it is emissions related: fuels, fuel use, raw materials, production rates, and
operating schedules.
(5.)
Identification and description of air pollution control equipment and
compliance monitoring devices or activities.
(6.) Limitations on source operations
affecting emissions or any work practice standards, where applicable, for all
regulated pollutants.
(7.) Other
information required by any applicable requirements (including information
related to stack height limitations pursuant to Chapter 6, Section
2).
(8.) Calculations on which the
information in items (1.) through (7.) is based.
(IV) The following air pollution control
requirements:
(1.) Citation and description of
all applicable requirements; and
(2.) Description of or reference to any
applicable test method for determining compliance with each applicable
requirement and permit limitation.
(V) Other specific information that may be
necessary to implement, and enforce other requirements of the Act and the WAQSR
or to determine the applicability of such requirements.
(VI) An explanation of any proposed
exemptions from otherwise applicable requirements.
(VII) Additional information as determined to
be necessary by the Division to define proposed AOSs identified by the source
pursuant to Chapter 6, Section 3(h)(i)(I) or to define permit terms and
conditions implementing Chapter 6, Section 3(h)(i)(J). The permit application
shall include documentation demonstrating that the source has obtained
authorization(s) required under the applicable requirements relevant to any
proposed AOSs, or a certification that the source has submitted all relevant
materials to the appropriate permitting authority for obtaining such
authorization(s).
(VIII) A
compliance plan that contains the following:
(1.) A description of the compliance status
of the source with respect to all applicable requirements.
(2.) A description as follows:
a. For applicable requirements with which the
source is in compliance, a statement that the source will continue to comply
with such requirements.
b. For
applicable requirements that will become effective during the permit term, a
statement that the source will meet such requirements on a timely
basis.
c. For requirements for
which the source is not in compliance at the time of permit issuance, a
narrative description of how the source will achieve compliance with such
requirements.
d. For applicable
requirements associated with a proposed AOS, a statement that the source will
meet such requirements upon implementation of the AOS. If the proposed AOS
would implicate an applicable requirement that will become effective during the
permit term, a statement that the source will meet such requirements on a
timely basis.
(3.) A
compliance schedule as follows:
a. For
applicable requirements with which the source is in compliance, a statement
that the source will continue to comply with such requirements.
b. For applicable requirements that will
become effective during the permit term, a statement that the source will meet
such requirements on a timely basis. A statement that the source will meet in a
timely manner applicable requirements that become effective during the permit
term shall satisfy this provision, unless a more detailed schedule is expressly
required by the applicable requirement.
c. A schedule of compliance for sources that
are not in compliance with all applicable requirements at the time of permit
issuance. Such a schedule shall include a schedule of remedial measures,
including an enforceable sequence of actions with milestones, leading to
compliance with any applicable requirements for which the source will be in
noncompliance at the time of permit issuance. This compliance schedule shall
resemble and be at least as stringent as that contained in any judicial consent
decree or administrative order to which the source is subject. Any such
schedule of compliance shall be supplemental to, and shall not sanction
noncompliance with, the applicable requirements on which it is based.
d. For applicable requirements associated
with a proposed AOS, a statement that the source will meet such requirements
upon implementation of the AOS. If a proposed AOS would implicate an applicable
requirement that will become effective during the permit term, a statement that
the source will meet such requirements on a timely basis. A statement that the
source will meet in a timely manner applicable requirements that become
effective during the permit term will satisfy this provision unless a more
detailed schedule is expressly required by the applicable
requirement.
(4.) A
schedule for submission of certified progress reports where applicable no less
frequently than every six months for sources required to have a schedule of
compliance to remedy a violation.
(5.) The compliance plan content requirements
specified in this paragraph shall apply and be included in the acid rain
portion of a compliance plan for an affected source, except as specifically
superseded by regulations promulgated under Title IV of the Act with regard to
the schedule and method(s) the source will use to achieve compliance with the
acid rain emissions limitations.
(IX) Requirements for compliance
certification, including the following:
(1.) A
certification of compliance with all applicable requirements by a responsible
official consistent with Chapter 6, Section 3(c)(iv) and section 114(a)(3) of
the Act;
(2.) A statement of
methods used for determining compliance, including a description of monitoring,
recordkeeping, and reporting requirements and test methods;
(3.) A schedule for submission of compliance
certifications during the permit term, to be submitted no less frequently than
annually, or more frequently if specified by the underlying applicable
requirement or this Division; and
(4.) A statement indicating the source's
compliance status with any applicable enhanced monitoring and compliance
certification requirements of the Act.
(X) The use of nationally standardized forms
for acid rain portions of permit applications and compliance plans, as required
by regulations promulgated under Title IV of the Act.
(B) Confidential Information. As provided in
sections
35-11-1101(a) and
35-11-205(d)
of the Wyoming Environmental Quality Act, upon a satisfactory showing that
records, reports or information or particular parts thereof, other than
emission and pollution data, if made public would divulge trade secrets, the
records, reports or information or particular portions thereof shall be treated
as confidential by the Division. The Division may also request under Chapter 6,
Section 3(h)(i)(F)(V) that the applicant provide this information directly to
the EPA.
(I) An applicant who submits
information which it desires to be held confidential may do so by stamping the
information as "Confidential" and submitting it in a separate envelope marked
"Confidential".
(iii) Duty to Supplement. Any applicant who
fails to submit any relevant facts or who has submitted incorrect information
in a permit application shall, upon becoming aware of such failure or incorrect
submittal, promptly submit such supplementary facts or corrected information.
In addition, an applicant shall provide additional information as necessary to
address any requirements that become applicable to the source after the date it
filed a complete application but prior to release of a draft permit.
(iv) Certification. Any application form,
report, or compliance certification submitted pursuant to the WAQSR shall
require certification by a responsible official of truth, accuracy, and
completeness. This certification and any other certification required under
this section shall state that, based on information and belief formed after
reasonable inquiry, the statements and information in the document are true,
accurate, and complete.
(d) Permit Issuance, Renewal, Reopenings, and
Revisions.
(i) Action on Application.
(A) A permit, permit revision, or renewal may
be issued only if all of the following conditions have been met:
(I) The Division has received a complete
application for a permit, permit modification, or permit renewal, except that a
complete application need not be received before issuance of a general permit
under Chapter 6, Section 3(i);
(II)
Except for modifications qualifying for minor permit modification procedures
under Chapter 6, Section 3(d)(vi), the Division has complied with the
requirements for public participation specified in this section;
(III) The Division has complied with the
requirements for notifying and responding to affected States as required in
this section;
(IV) The conditions
of the permit provide for compliance with all applicable requirements and
requirements of this section; and
(V) The EPA has received a copy of the
proposed permit and any notices required under this section, and has not
objected to the issuance of the permit within the time period specified in this
section.
(B) Except for
permits issued during the initial transitional period or under regulations
promulgated under Title IV of the Act for permitting affected units under the
acid rain program, the Division shall take final action on each permit
application, including a request for a permit modification or renewal within 18
months after receiving a complete permit application.
(C) Within 60 days of the receipt of the
application, the Division shall provide notice of whether the application is
complete. Unless additional information is requested subject to the application
or if the applicant is otherwise notified of incompleteness, the application
shall be deemed complete after this 60-day period. A completeness determination
will not be made for minor permit modifications under Chapter 6, Section
3(d)(vi)(A) and (B).
(D) The
Division shall provide a statement that sets forth the legal and factual basis
for the draft permit conditions (including references to the applicable
statutory or regulatory provisions). The Division will provide this statement
to the EPA and any other person who requests it.
(E) The submittal of a complete permit
application shall not affect the requirement that any source have a
preconstruction permit under Chapter 6, Section 2 or 4 of the WAQSR.
(ii) Requirement for a Permit.
Except as provided in this paragraph or in Chapter 6, Section 3(d)(iii), no
source requiring an operating permit under Chapter 6, Section 3 may operate
after the time that it is required to submit a timely and complete application,
except in compliance with a permit issued under this section. If a source
submits a timely and complete application for permit issuance (including for
renewal), the source's failure to have an operating permit is not a violation
of this section until the Division takes final action on the permit
application, except as noted in this paragraph. This protection shall cease to
apply after a completeness determination made pursuant to Chapter 6, Section
3(d)(i)(C), if the applicant fails to submit by the deadline specified in
writing by the Division any additional information identified as being needed
to process the application.
(iii)
Changes for Which No Permit Revision is Required.
(A) A source may change operations without a
permit revision, as allowed under section 502(b)(10) of the Act and W.S. §
35-11-206(f)(iii), provided
that:
(I) The change is not a modification
under any provision of Title I of the Act and does not violate applicable acid
rain requirements under Title IV of the Act;
(II) The change has met the requirements of
Chapter 6, Section 2 and is not a modification under Chapter 5, Section 2 or
Chapter 6, Section 4 of the WAQSR and the changes do not exceed the emissions
allowed under the permit (whether expressed therein as a rate of emissions or
in terms of total emissions); and
(III) The source provides the EPA and the
Division with written notification at least fourteen (14) days in advance of
the proposed change. The source, the EPA, and the Division shall attach such
notice to their copy of the relevant permit.
(1.) For each such change, the written
notification required shall include a brief description of the change within
the permitted source, the date on which the change will occur, any change in
emissions, and any permit term or condition that is no longer applicable as a
result of the change.
(2.) The
permit shield described in Chapter 6, Section 3(k) shall not apply to any
change made pursuant to Chapter 6, Section 3(d)(iii).
(iv) Permit Renewal and
Expiration.
(A) Permits being renewed are
subject to the same procedural requirements, including those for public
participation, and affected State and EPA review, that apply to initial permit
issuance.
(B) Permit expiration
terminates the source's right to operate unless a timely and complete renewal
application has been submitted consistent with Chapter 6, Section 3(d)(ii) and
Chapter 6, Section 3(c)(i)(C).
(v) Administrative Permit Amendments.
(A) An "administrative permit amendment" is a
permit revision that can accomplish one or more of the following changes:
(I) Corrects typographical errors;
(II) Identifies a change in the name,
address, or phone number of any person identified in the permit, or provides a
similar minor administrative change at the source;
(III) Requires more frequent monitoring or
reporting by the permittee;
(IV)
Allows for a change in ownership or operational control of a source where the
Division determines that no other change in the permit is necessary, provided
that a written agreement containing a specific date for transfer of permit
responsibility, coverage and liability between the current and new permittees
has been submitted to the Division;
(V) Incorporates into the operating permit
the requirements from preconstruction review permits issued pursuant to Chapter
6, Sections 2 and 4 of the WAQSR, provided that the process for issuing the
preconstruction permit meets procedural requirements substantially equivalent
to those that would be applicable under Chapter 6, Section 3(d) and (e) if the
change were subject to review as an operating permit modification, and that the
permit meets compliance requirements substantially equivalent to those of
Chapter 6, Section 3(h); or
(VI)
Incorporates any other type of change which the EPA has determined as part of
the approved operating permit program to be similar to Chapter 6, Section
3(d)(v)(A)(I) through (V) above.
(B) Administrative permit amendments for
purposes of the acid rain portion of the permit shall be governed by
regulations promulgated under Title IV of the Act.
(C) An administrative permit amendment may be
made by the Division consistent with the following:
(I) The Division shall take final action on a
request for an administrative permit amendment within 60 days from the receipt
of the request, and may incorporate such changes without providing notice to
the public or affected States provided that it designates any such permit
revisions as having been made pursuant to this paragraph.
(II) The Division shall submit a copy of the
revised permit to the EPA.
(III)
The source may implement the changes addressed in the request for an
administrative amendment immediately upon submittal of the request.
(D) The Division may, upon taking
final action granting a request for an administrative permit amendment, allow
coverage by the permit shield in Chapter 6, Section 3(k) for administrative
permit amendments made pursuant to Chapter 6, Section 3(d)(v)(A)(V) which meet
the relevant requirements of Chapter 6, Section 3(d), 3(h), and 3(e) for
significant permit modifications.
(vi) Permit Modification. A permit
modification is any revision to an operating permit which cannot be
accomplished as an administrative permit amendment under Chapter 6, Section
3(d)(v). A permit modification for purposes of the acid rain portion of the
permit shall be governed by regulations promulgated under Title IV of the Act.
(A) Minor Permit Modification Procedures.
(I) Criteria.
(1.) Minor permit modification procedures
shall be used only for those permit modifications that:
a. Do not violate any applicable
requirement;
b. Do not involve
significant changes to existing monitoring, reporting, or recordkeeping
requirements in the permit;
c. Do
not require or change a case-by-case determination of an emission limitation or
other standard, or a source-specific determination for temporary sources of
ambient impacts, or a visibility or increment analysis;
d. Do not seek to change a permit term or
condition for which there is no corresponding underlying applicable requirement
and that the source has assumed in order to avoid an otherwise applicable
requirement. Such terms and conditions include:
1. A federally enforceable emissions cap
assumed to avoid classification as a modification under any provision of Title
I of the Act;
2. An alternative
emissions limit approved pursuant to regulations promulgated under section
112(i)(5) of the Act concerning early reductions of hazardous air pollutants;
and
3. A federally enforceable
emissions cap assumed to avoid being subject to provisions of this section
pursuant to Chapter 6, Section 3(m) regarding synthetic minors.
e. Are not modifications under any
provision of Title I of the Act; and
f. Are not required to be processed as a
significant modification.
(2.) Notwithstanding Chapter 6, Sections
3(d)(vi)(A) and 3(d)(vi)(B), minor permit modification procedures may be used
for permit modifications involving the use of economic incentives, marketable
permits, emissions trading, and other similar approaches, to the extent that
such minor permit modification procedures are explicitly provided for in the
implementation plan.
(3.)
Qualifying for a minor permit modification under this section does not relieve
a source of its responsibility to obtain a modification permit under the
preconstruction permit requirements of Chapter 6, Section 2 of the
WAQSR.
(II) Application.
An application requesting the use of minor permit modification procedures shall
meet the requirements of Chapter 6, Section 3(c)(ii) and shall include the
following:
(1.) A description of the change,
the emissions resulting from the change, and any new applicable requirements
that will apply if the change occurs;
(2.) The source's suggested draft
permit;
(3.) Certification by a
responsible official, consistent with Chapter 6, Section 3(c)(iv), that the
proposed modification meets the criteria for use of minor permit modification
procedures and a request that such procedures be used; and
(4.) Completed forms for the Division to use
to notify the EPA and affected States as required under Chapter 6, Section
3(e).
(III) EPA and
Affected State Notification. Within 5 working days of receipt of a complete
permit modification application, the Division shall meet its obligation under
Chapter 6, Sections 3(e)(i)(A) and 3(e)(ii)(A) to notify the EPA and affected
States of the requested permit modification. The Division shall promptly send
any notice required under Chapter 6, Section 3(e)(ii)(B) to the EPA.
(IV) Timetable for Issuance. The Division may
not issue a final minor permit modification until after the EPA's 45-day review
period or until EPA has notified the Division that EPA will not object to
issuance of the permit modification, whichever is first, although the Division
can approve the permit modification prior to that time. Within 90 days of the
Division's receipt of an application under minor permit modification procedures
or 15 days after the end of the EPA's 45-day review period under Chapter 6,
Section 3(e)(ii)(D), whichever is later, the Division shall:
(1.) Issue the permit modification as
proposed;
(2.) Deny the permit
modification application;
(3.)
Determine that the requested modification does not meet the minor permit
modification criteria and should be reviewed under the significant modification
procedures; or
(4.) Revise the
draft permit modification and transmit to the EPA the new proposed permit
modification as required by Chapter 6, Section 3(e)(i).
(V) Source's Ability to Make Change.
(1.) The Division will allow the source to
make the change proposed in its minor permit modification application
immediately after it files such application. After the source makes the change
allowed by the preceding sentence, and until the Division takes any of the
actions specified in Chapter 6, Sections 3(d)(vi)(A)(IV)(1.) through (3.), the
source must comply with both the applicable requirements governing the change
and the proposed permit terms and conditions. During this time period, the
source need not comply with the existing permit terms and conditions it seeks
to modify; however, if the source fails to comply with its proposed permit
terms and conditions during this time period, the existing permit terms and
conditions it seeks to modify may be enforced against it.
(VI) Permit Shield. The permit shield under
Chapter 6, Section 3(k) does not extend to minor permit
modifications.
(B) Group
Processing of Minor Permit Modifications. The Division may process groups of a
source's applications for certain modifications eligible for minor permit
modification processing.
(I) Criteria. Group
processing of modifications may be used only for those permit modifications:
(1.) That meet the criteria for minor permit
modification procedures under Chapter 6, Section 3(d)(vi)(A)(I)(1.);
and
(2.) That are collectively
below a threshold of 10 percent of the emissions allowed under the permit for
the emissions unit for which the change is requested, 20 percent of the
applicable definition of major source in Chapter 6, Section 3(b), or 5 tons per
year, whichever is least.
(II) Application. An application requesting
the use of group processing procedures shall meet the requirements of Chapter
6, Section 3(c)(ii) and shall include the following:
(1.) A description of the change, the
emission resulting from the change, and any new applicable requirements that
will apply if the change occurs.
(2.) The source's suggested draft
permit.
(3.) Certification by a
responsible official, consistent with Chapter 6, Section 3(c)(iv) that the
proposed modification meets the criteria for use of group processing procedures
and a request that such procedures be used.
(4.) A list of the source's other pending
applications awaiting group processing, and a determination of whether the
requested modification, aggregated with these other applications, equals or
exceeds the threshold levels of this section.
(5.) Certification, consistent with Chapter
6, Section 3(c)(iv), that the source has notified EPA of the proposed
modification. Such notification need only contain a brief description of the
requested modifications.
(6.)
Completed forms for the Division to use to notify the EPA and affected States
as required under Chapter 6, Section 3(e).
(III) EPA and Affected State Notification. On
a quarterly basis or within 5 business days of receipt of an application
demonstrating that the aggregate of a source's pending applications equals or
exceeds the threshold level of this section, whichever is earlier, the Division
shall meet its obligation under Chapter 6, Sections 3(e)(i)(a) and 3(e)(ii)(a)
to notify the EPA and affected States of the requested permit modifications.
The Division shall send any notice required under Chapter 6, Section
3(e)(ii)(B) to the EPA.
(IV)
Timetable for Issuance. The provisions of Chapter 6, Section 3(d)(vi)(A)(IV)
shall apply to modifications eligible for group processing, except that the
Division shall take one of the actions specified in Chapter 6, Sections
3(d)(vi)(A)(IV)(1.) through (4.) within 180 days of receipt of the application
or 15 days after the end of the EPA's 45-day review period, whichever is
later.
(V) Source's Ability to Make
Change. The provisions of Chapter 6, Section 3(d)(vi)(A)(V) apply to
modifications eligible for group processing.
(VI) Permit Shield. The permit shield under
Chapter 6, Section 3(k) does not extend to modifications eligible for group
processing.
(C)
Significant Modification Procedures.
(I)
Criteria. Significant modification procedures shall be used for applications
requesting permit modifications that do not qualify as minor permit
modifications or as administrative amendments. Every significant change in
existing monitoring permit terms or conditions and every relaxation of
reporting or recordkeeping permit terms or conditions shall require a permit
modification under this paragraph. Nothing herein shall be construed to
preclude the permittee from making changes consistent with this section that
would render existing permit compliance terms and conditions
irrelevant.
(II) Significant permit
modifications shall meet all requirements of this section including those for
applications, public participation, review by affected States, and review by
EPA, as they apply to permit issuance and permit renewal. The Division shall
complete review on the majority of significant permit modifications within 9
months after receipt of a complete application.
(vii) Reopening for Cause.
(A) Every operating permit issued shall
contain provisions specifying the conditions under which the permit will be
reopened prior to the expiration of the permit. A permit shall be reopened and
revised under any of the following conditions:
(I) Additional applicable requirements under
the Act or the WAQSR become applicable to a major source subject to Chapter 6,
Section 3 with a remaining permit term of 3 or more years. Such reopening shall
be completed not later than 18 months after promulgation of the applicable
requirement. No reopening is required if the effective date of the requirement
is later than the date on which the permit is due to expire, unless the
original permit or any of its terms and conditions has been extended.
(II) Additional requirements (including
excess emissions requirements) become applicable to an affected source under
the acid rain program. Upon approval of the EPA, excess emissions offset plans
shall be deemed to be incorporated into the permit.
(III) The Division or the EPA determines that
the permit contains a material mistake or that inaccurate statements were made
in establishing the emissions standards or other terms or conditions of the
permit.
(IV) The Division or the
EPA determines that the permit must be revised or revoked to assure compliance
with applicable requirements.
(B) Proceedings to reopen and issue a permit
shall follow the same procedures as apply to initial permit issuance and shall
affect only those parts of the permit for which cause to reopen exists. Such
reopening shall be made as expeditiously as practicable.
(C) Reopenings under Chapter 6, Section
3(d)(vii)(A) shall not be initiated before a notice of such intent is provided
to the source by the Division at least 30 days in advance of the date that the
permit is to be reopened, except that the Division may provide a shorter time
period in the case of an emergency.
(viii) Reopenings for Cause by the
Environmental Protection Agency.
(A) If the
EPA finds that cause exists to terminate, modify or revoke and reissue a permit
pursuant to Chapter 6, Section 3(d)(vii), the EPA will notify the Division and
the permittee of such finding in writing.
(B) The Division shall, within 90 days after
receipt of such notification, forward to EPA a proposed determination of
termination, modification, or revocation and reissuance, as appropriate. The
EPA may extend this 90-day period for an additional 90 days if a new or revised
permit application is necessary or if the Division must require the permittee
to submit additional information.
(C) The EPA shall review the proposed
determination from the Division within 90 days of receipt.
(D) The Division shall have 90 days from
receipt of an EPA objection to resolve the objection and to terminate, modify
or revoke and reissue the permit in accordance with the EPA's
objection.
(E) If the Division
fails to submit a proposed determination or fails to resolve any EPA objection,
the EPA will terminate, modify, or revoke and reissue the permit after taking
the following actions:
(I) Providing at least
30 day's notice to the permittee in writing of the reasons for any such action;
and
(II) Providing the permittee an
opportunity for comment on the EPA's proposed action and an opportunity for a
hearing.
(ix)
Public Participation. Except for modification qualifying for minor permit
modification procedures, all permit proceedings, including initial permit
issuance, significant modifications, and renewals, shall provide procedures for
public notice including offering an opportunity for public comment and a
hearing on the draft permit. These procedures shall include the following:
(A) Notice shall be given by publication in a
newspaper of general circulation in the area where the source is located or in
a State publication designed to give general public notice; to persons on a
mailing list developed by the Division, including those who request in writing
to be on the list; and by other means if necessary to assure adequate notice to
the affected public;
(B) The notice
shall identify the affected source; the name and address of the permittee; the
name and address of the Division; the activity or activities involved in the
permit action; the emissions change involved in any permit modification; the
name, address, and telephone number of a person from whom interested persons
may obtain additional information, including copies of the permit draft, the
application, all relevant supporting materials, and all other materials
available to the Division that are relevant to the permit decision; a brief
description of the comment procedures; and the time and place of any hearing
that may be held, including a statement of procedures to request a hearing
(unless a hearing has already been scheduled);
(C) The Division shall provide such notice
and opportunity for participation by affected States as provided in Chapter 6,
Section 3(e);
(D) Timing. The
Division shall provide for a 30-day period for public comment and shall give
notice of any public hearing at least 30 days in advance of the
hearing.
(E) The Division shall
keep a record of the commenters and also of the issues raised during the public
participation process so that the EPA may fulfill its obligation under section
505(b)(2) of the Act to determine whether a citizen petition may be granted,
and such records shall be available to the public.
(e) Permit Review by the
Environmental Protection Agency and Affected States.
(i) Information Provided to the Environmental
Protection Agency.
(A) The Division shall
provide a copy of the permit application (including the compliance plan)
directly to the EPA, or the Division may require that the applicant requiring a
permit under this section submit a copy of the application directly to the
EPA.
(B) The Division shall provide
to the Administrator of the EPA a copy of each proposed permit and each final
operating permit.
(C) The Division
shall keep all records associated with applications and permits under this
section for a period of five years.
(ii) Review by Affected States.
(A) The Division shall give notice of each
draft permit to any affected State at the time notice is provided to the public
under Chapter 6, Section 3(d)(ix), except to the extent Chapter 6, Section
3(d)(vi)(A) allows the time of the notice to be different for minor permit
modification procedures.
(B) The
Division, as part of the submittal of the proposed permit to the EPA, or for a
minor permit modification procedure, as soon thereafter as possible, shall
notify the EPA and any affected State in writing of any refusal to accept all
recommendations for the proposed permit that the affected State submitted
during the public comment period. The notice shall include the Division's
reasons for not accepting any such recommendation. The Division is not required
to accept recommendations that are not based on applicable requirements or the
requirements of this section.
(iii) EPA Objection.
(A) No permit shall be issued if the
Administrator of the EPA objects to its issuance in writing within 45 days of
receipt of the proposed permit and all necessary supporting
information.
(B) Any EPA objection
under Chapter 6, Section 3(e)(ii)(C) shall include a statement of reasons for
the objection and a description of the terms and conditions that the permit
must include to respond to the objections. The EPA shall provide the permit
applicant with a copy of the objection.
(C) Failure of the Division to do any of the
following shall also constitute grounds for an objection:
(I) Comply with Chapter 6, Sections
3(e)(i)(A) and (B), and Chapter 6, Sections 3(e)(ii)(A) and (B);
(II) Submit any information necessary to
adequately review the proposed permit; or
(III) Process the permit under the procedures
approved to meet the public participation requirements of Chapter 6, Section
3(d)(ix) except for minor permit modifications.
(D) If the Division fails, within ninety (90)
days after the date of an objection under Chapter 6, Section 3(e)(ii)(C), to
revise and submit a proposed permit in response to the objection, the EPA will
issue or deny the permit in accordance with the requirements of the federal
program promulgated under Title V of the Act.
(iv) Public Petitions to the EPA. If the EPA
does not object in writing under paragraph (C) of this subsection, any person
may petition the EPA within 60 days after the expiration of the 45-day review
period to make such an objection. Any such petition shall be based only on
objections to the permit that were raised with reasonable specificity during
the public comment period provided for in Chapter 6, Section 3(d)(ix), unless
the petitioner demonstrates that it was impracticable to raise such objections
within such period, or unless the grounds for such objection arose after such
period. If the EPA objects to the permit as a result of a petition filed under
this paragraph, the Division shall not issue the permit until the EPA's
objection has been resolved, except that a petition for review does not stay
the effectiveness of a permit or its requirements if the permit was issued
after the end of the 45-day review period and prior to the EPA objection. If a
permit has been issued, the Division may thereafter issue only a revised permit
that satisfies the EPA objection. In any case, the source will not be in
violation of the requirement to have submitted a timely and complete
application.
(v) No operating
permit (including a permit renewal or revision) will be issued until affected
States and EPA have had an opportunity to review the proposed permit as
required under this section.
(f) Fees.
(i) Fee Requirement. Any source required to
obtain a permit under this section shall, as a condition of continued
operation, submit an annual fee to the Department.
(ii) Fee Payment. The Department shall give
written notice of the amount of fee to be assessed and the basis for such fee
assessment to the owner or operator of the source annually. The assessed fee is
due on receipt of the notice unless the fee assessment is appealed pursuant to
W.S. §
35-11-211(d). If any part of
the fee assessment is not appealed it shall be paid to the Department on
receipt of the written notice. Any remaining fee which may be due after
completion of the appeal is immediately due and payable upon issuance of the
council's decision.
(iii) Basis of
Fee to Support the Program.
(A) Fees shall be
assessed annually for each operating source, based on emissions of each
regulated pollutant in an amount sufficient to cover all reasonable direct and
indirect costs of the Department in developing, implementing and administering
the operating permit program of this section, including the Department's Small
Business Assistance Program. The permit fee will cover all reasonable direct
and indirect program costs including cost of:
(I) Reviewing and acting on permit
applications, permit renewals, permit reopenings, and permit
revisions;
(II) Implementing and
enforcing the terms and conditions of a permit (not including any court costs
or other costs associated with any enforcement action) which include but is not
limited to the following:
(1.) Source
inspections including the witnessing and review of stack emission
tests;
(2.) Ambient monitoring data
review and reporting;
(3.)
Continuous emission monitoring (CEM) reports and data review;
(4.) Complaint investigations;
(5.) Special purpose monitoring;
(6.) Ambient and CEM systems
audits;
(7.) EPA reporting and data
entry;
(III) Emissions
and ambient monitoring;
(IV)
Regulation preparation and guidance;
(V) Modeling analyses and
demonstrations;
(VI) Preparing
emission and source inventories and tracking emissions;
(VII) Fee assessment, billing and fiscal
management;
(VIII) All other
permit-related functions performed by the Department;
(IX) Development and administration of
Department Small Business Assistance Program; and
(X) Informational management
activities.
(B)
Exclusions.
(I) No fee will be assessed for
emissions of a regulated pollutant in excess of 4,000 tons per year at a
source.
(II) For purposes of fee
assessment, only under this section, the term "regulated pollutant" shall not
include carbon monoxide, asbestos as regulated in Chapter 3, Section 8 of the
WAQSR, residential wood smoke as regulated under Chapter 5, Section 2, Subpart
AAA, or any substance which would be regulated only because it is listed or
regulated under section 112(r) of the Act, prevention of accidental releases
for hazardous air pollutants.
(III)
Fugitive emissions of total suspended particulate matter (TSP) emissions,
provided however, that portion of TSP which is PM10
particulate matter will be estimated and assessed fees.
(iv) Fee Determination.
(A) Fees for individual sources shall be
computed by multiplying the total annual emissions, in tons up to a maximum of
4,000 tons per year of each regulated pollutant emitted by the source, by the
dollar per ton fee calculated as follows:
x = F ÷ 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:
Annual fee target (F) = (LA - NSR) ÷ 2
Where: LA = The amount of funds appropriated from the permit
fee fund by the legislature for the operation and implementation of the
construction and modification permit programs and the operating permit program
for a two-year period. This appropriation includes any carry over in the fund
from previous budget periods.
NSR = Projected costs of reviewing and issuing construction
and modification permits under the Division's new source review program
pursuant to Chapter 6, Sections 2 and 4 of the WAQSR for the two-year budget
period.
(C) Individual
source fees shall be the greater of fees calculated pursuant to Chapter 6,
Section 3(f)(iv)(A) or $500.00.
(D)
A fee of $250.00 shall be required for the operation of a temporary source at
each new location.
(E) Any affected
unit which is utilized in an EPA-approved Phase I substitution plan under
section 404 of the Act during the years of 1995-1999 (inclusive) shall be
subject to an annual fee of $35,000, in lieu of a fee based on actual emissions
under Chapter 6, Section 3(d)(v), for each year that it participates in such a
substitution plan for the purpose of covering the portion of direct and
indirect costs described in Chapter 6, Section 3(d)(iii)(A) attributed to
administrating the program for those affected units.
(v) Fees Shall Be Based on Actual Emissions.
(A) Actual emissions for purposes of
assessing fees are, in order of decreasing accuracy:
(I) Emissions measured by a continuous
emissions monitoring system (CEMS) that converts pollutant concentrations to
mass emission rates and that meets the requirements for CEMS installation,
operation, and certification of the WAQSR or any regulation promulgated by EPA
under the Act. Actual emissions are the total emissions measured by the CEMS
for the year plus estimated emissions during times when the CEMS was not
operational.
(II) Emissions
measured by periodic stack emission tests which have been accepted by the
Division as being representative of normal source operation. Actual emissions
are the hourly emission rates multiplied by the annual hours of
operation.
(III) Emissions
estimated by the utilization of data from the manufacturer of an internal
combustion engine or turbine. Actual emissions are the hourly emission rates
multiplied by the annual hours of operation.
(IV) Emissions estimated by utilization of
the EPA document AP-42, "Compilation of Air Pollutant Emission Factors", or
Division-approved source-specific emission factors. Actual emissions are the
hourly emission rates multiplied by the annual hours of operation.
(B) The methodology selected for
the determination of actual emissions for fee assessment by the Division shall
be equivalent to methods specified in any Chapter 6, Section 2 permit that the
source may hold for initial applications applied for under this section, or
emissions as verified by methods prescribed in a permit issued under this
section. Actual emissions for sources for which no permit has previously been
issued or for which no method has been prescribed in the permit shall be
determined by the Division utilizing the most accurate method available as
enumerated above under Chapter 6, Section 3(f)(v)(A).
(C) Actual emissions may, at the source's
choice, be presumed to be allowable emissions as determined by applicable
requirements (standards and regulations) or by permit unless there is evidence
that actual emissions are in excess of allowable emissions.
(D) Particulate Emissions: Until such time as
continuous measurement of particulate mass emission rates from stacks becomes
available or required, particulate mass emission rates for purposes of fee
assessment will be based on allowable emission rates.
(E) Fugitive emission rates, for purposes of
fee assessment, will be determined by EPA AP-42 emission factors, or by
Division-approved emission factors, in the case of emissions from surface coal
mines and other similar sources of fugitive dust emissions. The use of
alternative emission factors which are source specific must be well documented
and approved for use by the Division prior to the date on which emission
inventories are due to be submitted to the Division.
(F) Emissions in excess of applicable
requirements or permit limits due to equipment malfunction and/or failure, or
process start-up and shutdowns, to the extent that such emissions are
quantifiable through recognized engineering calculations or emissions and
process monitoring, shall be included in source emission inventories and
assessed a fee.
(G) Fees shall be
assessed against owners or operators of sources applying for any permit under
this section and annually thereafter for the duration of the permit. Emission
inventories for sources subject to this section shall be submitted to the
Division for fee assessment and compliance determinations within sixty (60)
days following the end of the calendar year.
(I) During the initial year of the operating
permit program, sources required to apply for a permit under this section shall
be assessed fees which include operations for the calendar year 1994.
(II) Fees shall be based on calendar year
source operations.
(III) New
sources applying for initial permits under this section shall pay a fee based
on emissions occurring since the commencement of operation for the previous
calendar year and annually thereafter.
(vi) Failure to Pay Fees. Failure to pay fees
owed the Department is a violation of this section and W.S. §
35-11-203 and may be cause for the revocation
of any permit issued to the source.
(h) Permit Content.
(i) Standard Permit Requirements. Each permit
issued under this section shall include the following elements:
(A) Emission limitations and standards,
including those operational requirements and limitations that are applied to
assure compliance with all applicable requirements at the time of permit
issuance. Such requirements and limitations may include ARMs identified by the
source in its operating permit application as approved by the Division,
provided that no ARM shall contravene any terms needed to comply with an
otherwise applicable requirement or require of this section or circumvent any
applicable requirements that would apply as a result of implementing the ARM.
(I) The permit shall specify and reference
the origin of and authority for each term or condition, and identify any
difference in form as compared to the applicable requirement upon which the
term or condition is based.
(II)
The permit shall state that, where an applicable requirement of the Act is more
stringent than any applicable requirement of regulations promulgated under
Title IV of the Act, both provisions shall be incorporated into the permit and
shall be enforceable by the EPA and the Division.
(III) In addition to the requirements in
Chapter 6, Section 3(h)(i)(A)(I) and (II), the permit shall include emission
limitations and standards which are a part of the WAQSR and are more stringent
than those of any requirements of the Act. However, such requirements shall not
be federally enforceable.
(B) Permit Duration. The Division shall issue
permits for a fixed term of five years for all sources except in such
circumstances as provided in W.S. §
35-11-206(f)(i), where a
permit may be issued for a shorter term.
(C) Monitoring and Related Recordkeeping and
Reporting Requirements.
(I) Each permit shall
contain the following requirements with respect to monitoring:
(1.) All emissions monitoring and analysis
procedures or test methods required under the applicable monitoring and testing
requirements, including any procedures and methods promulgated pursuant to
Title IV and sections 504(b) or 114(a)(3) of the Act. If more than one
monitoring or testing requirement applies, the permit may specify a streamlined
set of monitoring or testing provisions provided the specified monitoring or
testing is adequate to assure compliance at least to the same extent as the
monitoring or testing applicable requirements that are not included in the
permit as the result of such streamlining;
(2.) Where the applicable requirement does
not require periodic testing or instrumental or noninstrumental monitoring
(which may consist of recordkeeping designed to serve as monitoring), periodic
monitoring sufficient to yield reliable data from the relevant time period that
are representative of the source's compliance with the permit, as reported
pursuant to Chapter 6, Section 3(h)(i)(C)(III). Such monitoring requirements
shall assure use of terms, test methods, units, averaging periods, and other
statistical conventions consistent with the applicable requirement.
Recordkeeping provisions may be sufficient to meet the requirements of this
paragraph; and
(3.) As necessary,
requirements concerning the use, maintenance, and, when appropriate,
installation of monitoring equipment or methods.
(II) With respect to recordkeeping, the
permit shall incorporate all applicable recordkeeping requirements and require,
where applicable, the following:
(1.) Records
of monitoring information that include the following:
a. The date, place as defined in the permit,
and time of sampling or measurements;
b. The date(s) the analyses were
performed;
c. The company or entity
that performed the analyses;
d. The
analytical techniques or methods used;
e. The results of such analyses;
and
f. The operating conditions as
they existed at the time of sampling or measurement.
(2.) Retention of records of all monitoring
data and support information for a period of at least five years from the date
of the monitoring sample, measurement, report, or application. Support
information includes all calibration and maintenance records and all original
strip-chart recordings for continuous monitoring instrumentation, and copies of
all reports required by the permit.
(III) With respect to reporting, the permit
shall incorporate all applicable reporting requirements and require the
following:
(1.) Submittal of Reports of Any
Required Monitoring at Least Every Six Months. All instances of deviations from
permit requirements must be clearly identified in such reports. All required
reports must be certified by a responsible official consistent with Chapter 6,
Section 3(c)(iv).
(2.) Prompt
reporting of deviations from permit requirements, including those attributable
to upset conditions as defined in the permit, the probable cause of such
deviations, and any corrective actions or preventive measures taken. The
Division shall define "prompt" in relation to the degree and type of deviation
likely to occur and the applicable requirements.
(IV) To meet the requirements of Title IV of
the Act, for affected sources under the acid rain program, the permit shall
incorporate all provisions for monitoring, recordkeeping, and reporting
promulgated in 40 CFR part 75 .
(D) A permit condition prohibiting emissions
exceeding any allowances that the source lawfully holds under Title IV of the
Act or the regulations promulgated thereunder.
(I) No permit revision shall be required for
increases in emissions that are authorized by allowances acquired pursuant to
the acid rain program, provided that such increases do not require a permit
revision under any other applicable requirement.
(II) No limit shall be placed on the number
of allowances held by the source. The source may not, however, use allowances
as a defense for noncompliance with any other applicable requirement.
(III) Any such allowance shall be accounted
for according to the procedures established in regulations promulgated under
Title IV of the Act.
(E)
A severability clause to ensure the continued validity of the various permit
requirements in the event of a challenge to any portion(s) of the
permit.
(F) Provisions Stating the
Following:
(I) Duty to Comply. The permittee
must comply with all conditions of the operating permit. Any permit
noncompliance constitutes a violation of the Act, Article 2 of the Wyoming
Environmental Quality Act and the WAQSR and is grounds for enforcement action;
for permit termination, revocation and reissuance, or modification; or for
denial of a permit renewal application.
(II) Need to Halt or Reduce Activity is Not a
Defense. It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted activity in
order to maintain compliance with the conditions of the permit.
(III) Permit Actions. The permit may be
modified, revoked, reopened, and reissued, or terminated for cause. The filing
of a request by the permittee for a permit modification, revocation and
reissuance, or termination, or of a notification of planned changes or
anticipated noncompliance does not stay any permit condition.
(IV) Property Rights. The permit does not
convey any property rights of any sort, or any exclusive privilege.
(V) Duty to Provide Information. The
permittee shall furnish to the Division, within a reasonable time, any
information that the Division may request in writing to determine whether cause
exists for modifying, revoking and reissuing, or terminating the permit or to
determine compliance with the permit. Upon request, the permittee shall also
furnish to the Division copies of records required to be kept by the permit,
including information claimed and shown to be confidential under Section
35-11-1101(a) of the Wyoming
Environmental Quality Act. Upon request by the Division, the permittee shall
also furnish confidential information directly to EPA along with a claim of
confidentiality.
(G) A
provision to ensure that any source under this section pays fees to the
Division consistent with Chapter 6, Section 3(f) and the fee schedule developed
by the Division and approved by the joint appropriations committee of the
Wyoming State Legislature.
(H)
Emissions Trading. A provision stating that no permit revision shall be
required, under any approved economic incentives, marketable permits, emissions
trading and other similar programs or processes for changes that are provided
for in the permit.
(I) Terms and
conditions for reasonably anticipated AOSs identified by the source in its
application as approved by the Division. Such terms and conditions:
(I) Shall require the source,
contemporaneously with making a change from one AOS to another, to record in a
log at the permitted source a record of the AOS under which it is
operating;
(II) May extend the
permit shield described in Chapter 6, Section 3(k) to all terms and conditions
under each such AOS; and
(III) Must
ensure that the terms and conditions of each such AOS meet all applicable
requirements and the requirements of this section. The Division shall not
approve a proposed AOS into the operating permit until the source has obtained
all authorizations required under any applicable requirement relevant to that
AOS.
(J) Terms and
conditions, if the permit applicant requests them, for the trading of emissions
increases and decreases in the permitted source, to the extent that the
applicable requirements, including the State Implementation Plan, provide for
trading such increases and decreases without a case-by-case approval of each
emissions trade. Such terms and conditions:
(I) Shall include all terms required under
Chapter 6, Section 3(h)(i) and (iii) to determine compliance;
(II) May extend the permit shield described
in Chapter 6, Section 3(k) to all terms and conditions that allow such
increases and decreases in emissions; and
(III) Must meet all applicable requirements
and requirements of this section.
(ii) Federally-Enforceable Requirements.
(A) All terms and conditions in an operating
permit under this section, including any provisions designed to limit a
source's potential to emit, are enforceable by the EPA and citizens under the
Act.
(B) Notwithstanding paragraph
(A) above, the Division shall specifically designate as not being federally
enforceable under the Act any terms and conditions included in the permit that
are not required under the Act or any regulations promulgated
thereunder.
(iii)
Compliance Requirements. All operating permits under this section shall contain
the following elements with respect to compliance:
(A) Consistent with Chapter 6, Section
3(h)(i)(C), compliance certification, testing, monitoring, reporting, and
recordkeeping requirements sufficient to assure compliance with the terms and
conditions of the permit. Any document (including reports) required by an
operating permit under this section shall contain a certification by a
responsible official that meets the requirements of Chapter 6, Section
3(c)(iv).
(B) Inspection and entry
requirements that require that, upon presentation of credentials and other
documents as may be required by law, the permittee shall allow the Division or
an authorized representative to perform the following:
(I) Enter upon the permittee's premises where
a source is located or emissions related activity is conducted, or where
records must be kept under the conditions of the permit.
(II) Have access to and copy, at reasonable
times, any records that must be kept under the conditions of the
permit.
(III) Inspect at reasonable
times any facilities, equipment (including monitoring and air pollution control
equipment), practices, or operations regulated or required under the
permit.
(IV) As authorized by the
Act, sample or monitor, at reasonable times, any substances or parameters for
the purpose of assuring compliance with the permit or applicable
requirements.
(C) A
schedule of compliance consistent with Chapter 6, Section
3(c)(ii)(A)(VIII).
(D) Progress
reports consistent with an applicable schedule of compliance and Chapter 6,
Section 3(c)(ii)(A)(VIII) to be submitted at least semiannually, or at a more
frequent period if specified in the applicable requirement or by the Division.
Such progress reports shall contain the following:
(I) Dates for achieving the activities,
milestones, or compliance required in the schedule of compliance, and dates
when such activities, milestones or compliance were achieved; and
(II) An explanation of why any dates in the
schedule of compliance were not or will not be met, and any preventive or
corrective measures adopted.
(E) Requirements for compliance certification
with terms and conditions contained in the permit, including emission
limitations, standards, or work practices. Permits shall include each of the
following:
(I) The frequency (not less than
annually or such more frequent period as specified in the applicable
requirement or by the Division) of submissions of compliance certifications;
(II) A means for assessing or
monitoring the compliance of the source with its emissions limitations,
standards, and work practices;
(III) A requirement that the compliance
certification include the following (provided that the identification of
applicable information may cross-reference the permit or previous reports as
applicable):
(1.) The identification of each
term or condition of the permit that is the basis of the
certification;
(2.) The status of
compliance with the terms and conditions of the permit for the period covered
by the certification, based on the method or means designated in Chapter 6,
Section 3(h)(iii)(E)(III)(4.). The certification shall identify each deviation
and take it into account in the compliance certification. The certification
shall also identify as possible exceptions to compliance any periods during
which compliance is required and in which an excursion or exceedance as defined
in Chapter 7, Section 3 occurred;
(3.) Whether compliance was continuous or
intermittent;
(4.) The
identification of the method(s) or other means used by the owner or operator
for determining the compliance status with each term and condition during the
certification period, and whether such methods or other means provide
continuous or intermittent data. Such methods and other means shall include, at
a minimum, the methods and means required under Chapter 6, Section 3(h)(i)(C).
If necessary, the owner or operator also shall identify any other material
information that must be included in the certification to comply with section
113(c)2 of the Clean Air Act, which prohibits knowingly making a false
certification or omitting material information;
(5.) Such other facts as the Division may
require to determine the status of the source;
(IV) A requirement that all compliance
certifications be submitted to the EPA as well as to the Division.
(F) Such other provisions as the
Division may require.
(i) General Permits.
(i) Issuance. The Division may, after notice
and opportunity for public comment and hearing pursuant to Chapter 6, Section
3(d)(ix), issue a general permit covering numerous similar sources. Any general
permit shall comply with all requirements applicable to other operating permits
under this section and shall identify criteria by which sources may qualify for
the general permit. To sources that qualify, the Division shall grant the
conditions and terms of the general permit. Notwithstanding the shield
provisions of Chapter 6, Section 3(k), the source shall be subject to
enforcement action for operation without an operating permit under this section
if the source is later determined not to qualify for the conditions and terms
of the general permit. General permits shall not be authorized for affected
sources under the acid rain program unless otherwise provided in regulations
promulgated under Title IV of the Act.
(ii) Application. Sources under this section
that would qualify for a general permit must apply to the Division for coverage
under the terms of the general permit or must apply for an operating permit
consistent with Chapter 6, Section 3(c). The Division may provide for general
permit applications which deviate from the requirements of Chapter 6, Section
3(c) provided that such applications meet the requirements of Title V of the
Act and include all information necessary to determine qualification for, and
to assure compliance with, the general permit. The Division may grant a
source's request for authorization to operate under a general permit without
repeating the notice and comment procedures required under Chapter 6, Section
3(d)(ix), but such issuance shall not be a final action for purposes of
judicial review.
(l) Emergency Provision.
(i) Definition. An "emergency" means any
situation arising from sudden and reasonably unforeseeable events beyond the
control of the source, including acts of God, which situation requires
immediate corrective action to restore normal operation, and that causes the
source to exceed a technology-based emission limitation under the permit, due
to unavoidable increases in emissions attributable to the emergency. An
emergency shall not include noncompliance to the extent caused by improperly
designed equipment, lack of preventative maintenance, careless or improper
operation, or operator error.
(ii)
Effect of an Emergency. An emergency constitutes an affirmative defense to an
action brought for noncompliance with such technology-based emission
limitations if the conditions of the following paragraph (l)(iii) are
met.
(iii) Affirmative Defense. The
affirmative defense of emergency shall be demonstrated through properly signed,
contemporaneous operating logs, or other relevant evidence that:
(A) An emergency occurred and that the
permittee can identify the cause(s) of the emergency;
(B) The permitted source was at the time
being properly operated;
(C) During
the period of the emergency the permittee took all reasonable steps to minimize
levels of emissions that exceeded the emission standards, or other requirements
in the permit; and
(D) The
permittee submitted notice of the emergency to the Division within one working
day of the time when emission limitations were exceeded due to the emergency.
This notice fulfills the requirement of Chapter 6, Section 3(h)(i)(C)(III)(2.).
This notice must contain a description of the emergency, any steps taken to
mitigate emissions, and corrective actions taken.
(iv) Enforcement. In any enforcement
proceeding, the permittee seeking to establish the occurrence of an emergency
has the burden of proof.
(v) Scope.
This provision is in addition to any emergency or upset provision contained in
any applicable requirement.