Regulations last checked for updates: Oct 31, 2024

Title 40 - Protection of Environment last revised: Oct 29, 2024
§ 52.2620 - Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State Implementation Plan for Wyoming under section 110 of the Clean Air Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality standards or other requirements under the Clean Air Act.

(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to September 1, 2015, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after September 1, 2015, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 8 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the SIP as of September 1, 2015.

(3) Copies of the materials incorporated by reference may be inspected at the EPA Region 8 Office, Office of Partnerships and Regulatory Assistance (OPRA), Air Program, 1595 Wynkoop Street, Denver, Colorado 80202-1129 and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

(c) EPA-approved regulations.

Rule No. Rule title State
effective
date
EPA
Effective
date
Final rule citation/date Comments
Chapter 01. Common Provisions.
Section 02Authority10/29/19998/27/200469 FR 44965, 7/28/04
Section 03Definitions2/14/201312/23/201378 FR 69998, 11/22/13
Section 04Diluting and concealing emissions10/29/19998/27/200469 FR 44965, 7/28/04
Section 05Unavoidable equipment malfunction1/30/20066/15/201075 FR 19886, 4/16/10
Section 06Credible Evidence12/8/20006/15/201075 FR 19886, 4/16/10
Section 07Greenhouse gasses2/14/201312/23/201378 FR 69998, 11/22/13
Chapter 02. Ambient Standards.
Section 02Ambient standards for particulate matter9/7/201010/27/201479 FR 50840, 8/26/14All, except Section 02(b) and (c).
Section 02 (b), (c), and (d)Ambient standards for particulate matter10/13/201511/14/2016.81 FR 70364, 10/12/2016
Section 03Ambient standards for nitrogen oxides12/19/201211/14/201479 FR 54910, 9/15/14
Section 04Ambient standards for sulfur oxides10/29/19998/27/200469 FR 44965, 7/28/04
Section 05Ambient standards for carbon monoxide10/29/19998/27/200469 FR 44965, 7/28/04
Section 06Ambient Standards for ozone12/20/201610/22/201883 FR 47565, 9/20/2018
Section 08Ambient standards for suspended sulfates10/29/19998/27/200469 FR 44965, 7/28/04
Section 10Ambient standards for lead9/7/201010/27/201479 FR 50840, 8/26/14
Section 12Incorporation by reference2/5/201810/22/201883 FR 47565, 9/20/2018
Chapter 03. General Emission Standards.
Section 02Emission standards for particulate matter11/22/201311/20/201479 FR 62859, 10/21/14
Section 03Emission standards for nitrogen oxides12/20/201610/22/201883 FR 47565, 9/20/2018
Section 04Emission standards for sulfur oxides10/29/19998/27/200469 FR 44965, 7/28/04
Section 05Emission standards for carbon monoxide10/29/19998/27/200469 FR 44965, 7/28/04
Section 06Emission standards for volatile organic compounds10/29/19998/27/200469 FR 44965, 7/28/04
Section 09Incorporation by reference2/5/201810/22/201883 FR 47565, 9/20/2018
Chapter 04. State Performance Standards for Specific Existing Sources.
Section 02Existing sulfuric acid production units10/29/19998/27/200469 FR 44965, 7/28/04
Section 03Existing nitric acid manufacturing plants10/29/19998/27/200469 FR 44965, 7/28/04
Chapter 06. Permitting Requirements.
Section 02Permit requirements for construction, modification, and operation10/29/19998/27/200469 FR 44965, 7/28/04
Section 04Prevention of significant deterioration12/20/201610/22/201883 FR 47565, 9/20/18
Section 13Nonattainment new source review permit requirements10/13/20157/5/20166/2/2016, 81 FR 35273
Section 14Incorporation by reference2/5/201810/22/201883 FR 47565, 9/20/18
Chapter 07. Monitoring Regulations.
Section 02Continuous monitoring requirements for existing sources10/29/19998/27/200469 FR 44965, 7/28/04
Chapter 08. Non-attainment Area Regulations.
Section 02Sweetwater County particulate matter regulations10/29/19998/27/200469 FR 44965, 7/28/04
Section 03Conformity of general federal actions to state implementation plans2/5/201810/22/201883 FR 47565, 9/20/18
Section 05Ozone nonattainment emission inventory rule11/22/201310/24/2016.81 FR 58399, 8/25/16
Section 10Incorporation by reference2/5/201810/22/201883 FR 47565, 9/20/18
Chapter 09. Visibility Impairment/PM Fine Control.
Section 02Visibility10/29/19998/27/200469 FR 44965, 7/28/04
Chapter 10. Smoke Management.
Section 02Open burning restrictions10/29/19998/27/200469 FR 44965, 7/28/04
Section 03Wood waste burners10/29/19998/27/200469 FR 44965, 7/28/04
Section 04Smoke management requirements4/5/20051/11/201377 FR 73926, 12/12/12
Chapter 12. Emergency Controls.
Section 02Air pollution emergency episodes10/29/19998/27/200469 FR 44965, 7/28/04
Chapter 13. Mobile Sources.
Section 02Motor vehicle pollution control10/29/19998/27/200469 FR 44965, 7/28/04
Chapter 14. Emission Trading Program Regulations.
Section 2Western backstop sulfur dioxide trading program5/7/20081/11/201377 FR 73926, 12/12/12
Section 3Sulfur dioxide milestone inventory2/5/20186/19/201984 FR 22725, 5/20/2019
App AWeb Chapter 14, Section 2 Monitoring Protocols5/7/20081/11/201377 FR 73926, 12/12/12
Chapter I. General Rules of Practice and Procedure.
Section 16Air Quality Division, State Implementation Plan4/21/20165/25/201782 FR 18994, 4/25/2017CAA section 128 Requirements.

(d) EPA-approved source specific requirements.

Regulation Rule title State
effective
date
EPA
Effective
date
Final rule citation/date Comments
Black Hills Power and LightOrder containing schedule for compliance, interim requirements, and monitoring and reporting requirements4/25/19798/1/197944 FR 38473, 7/2/79
FMC CorporationOrder containing schedule for compliance, interim requirements, and monitoring and reporting requirements4/25/19798/1/197944 FR 38473, 7/2/79
Naughton Unit 3Air Quality SIP Permits containing BART Alternative requirements, MD-15946 and P0021110Nov. 28, 2017Apr. 22, 2019.84 FR 10435,3/21/19Only the following permit provisions: NOX and PM emission limits (MD-15946 condition 5, for lb/hr and tons/year emission limits; P0021110, condition 7, for lb/MMbtu emission limits); emission limit compliance dates (P0021110, condition 7; MD-15946, conditions 5 and 6); heat input limit and compliance date (P0021110, condition 18); compliance date for coal pulverizers to be removed from service (P0021110, condition 19); and associated monitoring, recordkeeping, and reporting requirements (P0021110, conditions 4, 6, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 21, and 24).

(e) EPA-approved nonregulatory provisions.

Rule No. Rule title State
effective
date
EPA
Effective
date
Final rule citation/date Comments
(01) IIntroduction1/22/19726/30/197237 FR 10842, 5/31/72
(02) IILegal Authority2/19/19769/30/197641 FR 36652, 8/31/76
(03) IIIControl Strategy8/30/198411/11/198449 FR 39843, 10/11/84
(04) IVCompliance Schedule5/29/19738/2/197339 FR 24504, 7/03/73
(05) VEmergency Episode Plan8/26/19814/12/198147 FR 5892, 2/09/81
(06) VIAir Quality Surveillance12/13/19889/9/198855 FR 28197, 7/10/88
(07) VIIReview of New Sources and Modifications1/22/19726/30/197237 FR 10842, 5/31/72
(08) VIIISource Surveillance1/22/19726/30/197237 FR 10842, 5/31/72
(09) IXResources1/22/19726/30/197237 FR 10842, 5/31/72
(10) XIntergovernmental Cooperation1/22/19726/30/197237 FR 10842, 5/31/72
(11) XIReports and Revisions1/22/19726/30/197237 FR 10842, 5/31/72
(12) XIIVisibility Protection Class I9/6/19883/17/198954 FR 6912, 2/15/89
(13) XIIISweetwater PM10 Attainment Plan1/25/19798/1/197944 FR 38473, 7/02/79
(14) XIVStack Height Good Engineering Practice12/9/19884/16/198954 FR 11186, 3/17/89
(15) XVSmall Business Assistance Program11/30/19938/19/199459 FR 31548, 6/20/94
(16) XVICity of Sheridan—PM10 Air Quality Control and Maintenance Plan10/30/19907/25/199459 FR 32360, 6/23/94
(17) XVIIPSD Implementation for NOx11/20/19906/23/199156 FR 23811, 5/24/91
(18) XVIIIInterstate Transport, Wyoming Interstate Transport SIP satisfying the requirement of Section 110(a)(2)(D)(i) of the CAA for the 1997 8-hour ozone and PM2.5 standards4/15/20087/7/200873 FR 26019, 5/8/08
(19) XIXPowder River Basin PM10 Memorandum of Agreement12/22/199310/11/199560 FR 47290, 9/12/95
(20) XXAddressing Regional Haze Visibility Protection For The Mandatory Federal Class I Areas Required Under 40 CFR 51.3094/5/20186/19/201984 FR 22725, 5/20/2019
(21) XXIInfrastructure SIP for Section 110(a)(2)—1997 PM2.5 NAAQS3/26/200812/6/201378 FR 73445, 12/06/13
(22) XXIIInfrastructure SIP for Section 110(a)(2)—2006 PM2.5 NAAQS8/19/20119/9/201580 FR 47857, 8/10/2015
(23) XXIIIInfrastructure SIP for Section 110(a)(2)—1997 Ozone NAAQ12/10/20098/24/201176 FR 44265, 7/25/11
(24) XXIVAir Quality Control Regions and Emissions Inventory1/22/19726/30/197237 FR 10842, 5/31/72
(25) XXVWyoming State Implementation Plan for Regional Haze for 309(g)1/12/20113/3/201479 FR 5032, 1/30/14Excluding portions of the following: Chapters 6.4, 6.5.7, 6.5.8, and 7.5. EPA disapproved (1) the NOX BART determinations for (a) Laramie River Units 1-3, (b) Dave Johnston Unit 3, and (c) Wyodak Unit 1; (2) the State's monitoring, recordkeeping, and reporting requirements for BART units; and (3) the State's reasonable progress goals.
(26)XXVIInfrastructure SIP for Section 110(a)(2)(C) and (D)(i)(II) prong 3 for 2008 Ozone NAAQS02/06/201411/14/2016.81 FR 70364, 10/12/2016 Only includes 111(a)(2)(C) and (D)(i)(II) prong 3 for 2008 Ozone NAAQS.
(27) XXVIIInterstate transport SIP for Section 110(a)(2)(D)(i) prong 1-2008 Ozone NAAQS; prongs 1, 2 and 4-2008 Pb NAAQS; prong 1 and 2-2010 NO2 NAAQS; prong 4-2010 SO2 NAAQS2/6/2014; 10/12/2011; 1/24/2014; 3/6/20153/6/201782 FR 9154, 2/3/17
(28) XXVIIIInfrastructure SIP for Section 110(a)(2)— 2008 Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS10/12/2011, 2/6/2014, 1/24/2014, 3/6/2015, and 6/24/20165/25/201782 FR 18994, 4/25/17
(29) XXIXSheridan 1987 PM10 Limited Maintenance Plan12/14/20155/4/201883 FR 14374, 4/4/18
(30) XXXInterstate transport SIP for Section 110(a)(2)(D)(i)(I) prongs 1 and 2 for the 2012 PM2.5 NAAQS6/24/20168/6/201883 FR 31330, 7/5/2018
(31) XXXIInterstate transport SIP for Section 110(a)(2)(D)(i)(I) prongs 1 and 2 for the 2010 SO2 NAAQS.3/6/201510/1/201883 FR 44503, 8/31/2018
(32) XXXIIWyoming State Implementation Plan 5-Year Progress Report for Regional Haze11/17/20177/27/202085 FR 38327, 6/26/2020
(33) XXXIIIInterstate transport SIP for Section 110(a)(2)(D)(i)(I) prong 2 for the 2008 Ozone NAAQSAugust 30, 20185/10/201984 FR 14271, 4/10/2019
(34) XXXIVInfrastructure SIP for section 110(a)(2)—2015 Ozone NAAQS1/3/20193/25/202085 FR 10306, 2/24/2020The EPA is not acting on (D)(i)(I) Prong 1, and (D)(i)(I) Prong 2. The EPA is disapproving (D)(i)(II) Prong 4.
(35) XXXVInterstate transport SIP for section 110(a)(2)(D)(i)(I) prongs 1 and 2 for the 2015 Ozone NAAQS1/3/20191/18/202488 FR 87723, 12/19/2023
[71 FR 64462, Nov. 2, 2006, as amended at 73 FR 26025, May 8, 2008; 73 FR 40752, July 16, 2008; 75 FR 19890, Apr. 16, 2010; 76 FR 44270, July 25, 2011; 77 FR 73933, Dec. 12, 2012; 78 FR 49690, Aug. 15, 2013; 78 FR 70000, Nov. 22, 2013; 78 FR 73448, Dec. 6, 2013; 79 FR 5219, Jan. 30, 2014; 79 FR 50843, Aug. 26, 2014; 79 FR 54912, Sept. 15, 2014; 79 FR 62861, Oct. 21, 2014; 80 FR 9201, Feb. 20, 2015; 80 FR 47859, Aug. 10, 2015; 80 FR 45609, July 31, 2015; 80 FR 68769, Nov. 6, 2015; 81 FR 35273, June 2, 2016; 81 FR 58399, Aug. 25, 2016; 81 FR 70364, Oct. 12, 2016; 82 FR 9154, Feb. 3, 2017; 82 FR 18994, Apr. 25, 2017; 83 FR 14374, Apr. 4, 2018; 83 FR 31330, July 5, 2018; 83 FR 44503, Aug. 31, 2018; 83 FR 47565, Sept. 20, 2018; 84 FR 10435, Mar. 21, 2019; 84 FR 14271, Apr. 10, 2019; 84 FR 22725, May 20, 2019; 85 FR 10306, Feb. 24, 2020; 85 FR 38327, June 26, 2020; 88 87723, Dec. 19, 2023]
§ 52.2621 - Classification of regions.

The Wyoming plan was evaluated on the basis of the following classifications:

Air quality control region Pollutant
Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Photochemical oxidants (hydrocarbons)
Cheyenne IntrastateIIIIIIIIIIIIII
Casper IntrastateIIIIIIIIIIIIII
Wyoming IntrastateIIIIIIIIIIIIIII
[37 FR 10904, May 31, 1972]
§ 52.2622 - Approval status.

With the exceptions set forth in this subpart, the Administrator approves Wyoming's plans as meeting the requirements of section 110 of the Clean Air Act, as amended in 1977. Furthermore, the Administrator finds that the plans satisfy the requirements of Part D, Title I, of the Clean Air Act.

[44 FR 38475, July 2, 1979]
§ 52.2623 - Control strategy and regulations: Ozone.

(a) Determination of attainment. The EPA has determined, as of June 3, 2016, that based on 2012 to 2014 ambient air quality data, the Upper Green River Basin Area, WY 2008 ozone Marginal nonattainment area has attained the 2008 ozone NAAQS. Therefore, the EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality data as of the attainment date, whether the area attained the standard. The EPA also determined that the Upper Green River Basin Area, WY nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 181(b)(2)(A).

(b) [Reserved]

[81 FR 26711, May 4, 2016]
§ 52.2624 - Control strategy and regulations: Particulate matter.

On June 2, 2017, the State of Wyoming submitted a maintenance plan for the Sheridan PM10 nonattaiment area and requested that this area be redesignated to attainment for the PM10 National Ambient Air Quality Standards. The redesignation request and maintenance plan satisfy all applicable requirements of the Clean Air Act.

[83 FR 14375, Apr. 4, 2018]
§ 52.2625 - Compliance schedules.

(a) The compliance schedules for the sources identified below are approved as meeting the requirements of Subpart N of this chapter. All regulations cited are found in the “Wyoming Air Quality Standards and Regulations, 1975.”

Wyoming

Source Location Regulations involved Date of adoption Effective date Final compliance date
Pacific Power & LightGlenrock14 (b), (e), (h)Feb. 26, 1973ImmediatelySept. 1, 1976.
Montana-Dakota UtilitiesSheridan14 (b), (e), (h)......do......doDec. 31, 1976.
Utah Power & LightKemmerer14 (b), (e), (h)......do......do Do.
Black Hills Power & LightWyodak14 (b), (e), (h)......do......doMay 1, 1978.
DoOsage14 (b), (e)......do......doMay 15, 1977.
American OilCasper14 (b), (e), (h)Jan. 26, 1973......doJan. 31, 1974.
Basins EngineeringWheatland14 (b), (e), (f), (g)June 6, 1974......doApr. 5, 1974.
Stauffer Chemical CoGreen River14 (b), (e), (f), (g)......do......doOct. 31, 1973.
DoLeefe14 (b), (e), (f), (g)Feb. 26, 1973......doNov. 1, 1976.
Barold Division of National LeadOsage14 (b), (e), (f), (g)Jan. 26, 1973......doDec. 31, 1975.
DoColony14 (b), (e), (f), (g)June 6, 1973......doMar. 1, 1974.
Holly SugarTorrington14 (b), (e), (f), (g)......do......doOct. 31, 1976.
DoWorland14 (b), (d), (f), (g)......do......do Do.
Reeves ConcreteGillette14 (b), (e), (f), (g)Jan. 26, 1973......doDec. 1, 1973.
DoSheridan14 (b), (e), (f), (g)......do......do Do.
DoBuffalo14 (b), (e), (f), (g)......do......do Do.
American ColloidLovell14 (b), (e), (f), (g)June 6, 1974......doApr, 30, 1974.
Star Valley Swiss CheeseThayne14 (b), (e), (h)Jan. 26, 1973......doDec. 31, 1973.
Sheridan CommercialSheridan14 (b), (e), (f), (g)......do......do Do.
Federal BentoniteUpton14 (b), (e), (f), (g)June 6, 1973......doJune 30, 1974.
DoLovell14 (b), (e), (f), (g)......do......do Do.
Wyo-Ben ProductsGreybull14 (b), (e), (f), (g)Jan. 26, 1973......doJan. 30, 1974.
DoLovell14 (b), (e), (f), (g)June 6, 1974......do Do.
FMCKemmerer14 (e), (f), (g), (i)Jan. 26, 1973......doDec. 31, 1976.
DoGreen River14 (b), (e), (f), (g)June 6, 1974......doOct. 31, 1974.
Gunn-Quealy CoalRock Springs14 (b), (e), (f), (g)......do......doMar. 31, 1974.
Allied ChemicalGreen River14 (b), (e), (f), (g)......do......doAug. 1, 1976.
IMC CorpColony14 (b), (e), (f), (g)......do......doOct. 31, 1974.
Wyodak Resources DevelopGillette14 (b), (e), (f), (g)......do......doFeb. 28, 1974.
Church and DwightGreen River14 (b), (e), (f), (g)......do......doNov. 1, 1973.
Wycon ChemicalCheyenne14 (b), (e), (f), (g)Sept. 11, 1975......doJune 1, 1976.
Dresser MineralsGreybull14 (b), (e), (f), (g)......do......doFeb. 15, 1976.
Town of ByronByron13Jan. 26, 1973......doJuly 1, 1974.
Town of ChugwaterChugwater13......do......do Do.
Town of CowleyCowley13......do......do Do.
Town of LovellLovell13May 24, 1973......do Do.
Big Horn CountyBig Horn County13Jan. 26, 1973......do Do.
[41 FR 36653, Aug. 31, 1976, as amended at 51 FR 40676, Nov. 7, 1986]
§§ 52.2626-52.2629 - §[Reserved]
§ 52.2630 - Prevention of significant deterioration of air quality.

(a) The Wyoming plan, as submitted, is approved as meeting the requirements of Part C of the Clean Air Act except that designation of the Savage Run Wilderness Area, as established in Pub. L. 95-237, from Class II to Class I is disapproved.

(b) Regulation for preventing significant deterioration of air quality. The Wyoming plan, as submitted, does not apply to certain sources in the State. Therefore, the provisions of § 52.21 except paragraph (a)(1) are hereby incorporated and made a part of the State implementation plan for the State of Wyoming and are applicable to the following proposed major stationary sources or major modifications:

(1) Sources proposing to construct on Indian Reservations in Wyoming; and

(2) Sources that received an air quality permit from the Wyoming State Department of Environmental Quality prior to September 6, 1979.

(c) The State of Wyoming has clarified the generalized language contained in section 24 of the Wyoming Air Quality Standards and Regulations on the use of the “Guidelines for Air Quality Models.” In a letter to Douglas M. Skie, EPA, dated May 18, 1989, Charles A. Collins, Administrator of the Air Quality Divisions stated:

* * * The Division, will, as a matter of practice, utilize the “Guideline on Air Quality Models” as revised, including Supplement A, in all PSD permit application reviews. The Division will utilize any future revisions to the Guideline in PSD permitting reviews as revisions become effective.

[44 FR 51979, Sept. 6, 1979, as amended at 54 FR 27881, July 3, 1989; 68 FR 11324, Mar. 10, 2003; 68 FR 74491, Dec. 24, 2003]
§ 52.2631 - [Reserved]
§ 52.2632 - Visibility protection. [Reserved]
§ 52.2633 - Stack height regulations.

In a letter dated December 9, 1988, to Douglas M. Skie, EPA, from Charles A. Collins, Administrator of The Air Quality Division, the State committed to conduct stack height evaluations in accordance with the “Guideline for Determination of Good Engineering Practice Stack Height (Technical Support Document for the Stack Height Regulations)”, EPA 450/4-80-023R, June 1985.

[54 FR 11188, Mar. 17, 1989]
§ 52.2634 - Correction of approved plan.

The following rules of the Wyoming Air Quality Standards and Regulations have been removed from the approved plan pursuant to section 110(k)(6) of the Clean Air Act (as amended in 1990): Section 7, Hydrogen Sulfide; Section 11, Fluorides; and Section 16, Odors.

[61 FR 47059, Sept. 6, 1996]
§ 52.2635 - Original identification of plan section.

(a) This section identifies the original “Air Implementation Plan for the State of Wyoming” and all revisions submitted by Wyoming that were federally approved prior to August 31, 2006.

(b) The plan was officially submitted on January 26, 1972.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Compliance schedule information in three plants submitted March 28, 1972, by the Department of Health and Social Services (DHSS). (Non-regulatory.)

(2) Procedural clarification to emergency episodes plan submitted May 3, 1972, by DHSS.

(3) Particulate compliance schedules submitted February 9, 1973, by DHSS.

(4) Emergency episode plan submitted February 27, 1973, by DHSS. (Non-regulatory).

(5) Compliance schedules submitted on March 1, 1973, by DHSS.

(6) Revision of Wyoming's Standards and Regulations (Chapter I, Section 1-20) submitted April 18, 1973, by DHSS.

(7) Revision of particulate control strategy to require compliance with particulate standards not later than January 31, 1974, except where approved by EPA and compliance schedule portions of the plan submitted May 29, 1973, by DHSS.

(8) Compliance schedule revisions, legal authority additions, update of Wyoming's Air Quality Standards and Regulations, non-regulatory source surveillance and new source review procedures submitted on August 7, 1974, by the Governor.

(9) Legal authority additions and compliance schedule revisions submitted on February 19, 1976, by the Governor.

(10) Requirements for continuous opacity monitoring by all fossil fuel fired steam generators with heat inputs in excess of 250 million Btu per hour and other miscellaneous revisions to the State regulations as submitted by the Air Quality Division (AQD) on May 9, 1978.

(11) Provisions to meet the requirements of Parts C and D and sections 110, 126, and 127 of the Clean Air Act, as amended in 1977 were submitted on January 26, 1979.

(12) A revision to Section 14 of the Wyoming Air Quality Standards and Regulations was submitted on July 18, 1980, and October 27, 1980.

(13) On August 26, 1981 and August 27, 1981, Wyoming submitted revisions to the requirements for Prevention of Significant Deterioration, the Air Quality Monitoring Plan, revisions to the Emergency Episode Contingency Plan, and revisions to stationary source permitting regulations.

(14) Revisions to the new source permit requirements in Sections 21 and 24 of the Wyoming regulations were submitted on April 30, 1981, and February 8, 1982.

(15) On August 30, 1984, the State of Wyoming submitted a plan revision for lead.

(16) Revisions to the new source permit requirements in sections 21 and 24 of the Wyoming regulation for visibility protection were submitted on April 12, 1985.

(i) Incorporation by reference.

(A) Letter from Randolph Wood, Administrator, Wyoming Air Quality Division, dated April 12, 1985, submitting the Wyoming Visibility SIP and Regulations.

(B)(1) Wyoming Air Quality Standards and Regulations (WAQSR), Section 21.n. (1) and (2) adopted on January 22, 1985.

(2) WAQSR, Section 24.b.(1)(f) adopted on January 22, 1985.

(3) WAQSR, Section 24.b.(6) (a) and (b) revised and adopted on January 22, 1985.

(17) A revision to the SIP was submitted by the Administrator of the Wyoming Air Quality Division on September 6, 1988, for visibility general plan requirements, monitoring, and long-term strategies.

(i) Incorporation by reference.

(A) Letter dated September 6, 1988, Charles A. Collins, Administrator of the Wyoming Air Quality Division, submitting a SIP revision for visibility protection.

(B) The SIP revision for visibility protection, “Section 28 Visibility” of the Wyoming Air Quality Standards and Regulations, and “Wyoming State Implementation Plan for Class I Visibility Protection” was adopted by the Wyoming Environmental Quality Council on March 23, 1988, and became effective on May 10, 1988.

(18) On September 6, 1988, the Administrator of the Air Quality Division, as the Governor's designee, submitted a plan revising the stack height regulations, Wyoming Air Quality Standards and Regulations (WAQSR) section 21(d).

(i) Incorporation by reference.

(A) Revisions to the Wyoming Air Quality Standards and Regulation section 21(d), stack heights, were adopted and effective on May 10, 1988.

(19) In a letter dated August 5, 1986, the Administrator of the Air Quality Division of Wyoming, submitted the stack height demonstration analysis. EPA is approving the demonstration analysis for all of the stacks.

(i) Incorporation by reference.

(A) Stack height demonstration analysis submitted by the State in a letter dated August 5, 1986.

(20) A revision to the SIP was submitted by the Administrator of the Wyoming Air Quality Division on March 14, 1989, to address the Group III PM-10 SIP requirements and Group II PM-10 SIP requirements for Lander, Wyoming.

(i) Incorporation by reference.

(A) Amendments to the Wyoming Air Quality Standards and Regulations: section 2 (Definitions) (a)(xxx), section 3 (Ambient Standards for Particulate Matter) (a), section 20 (Air Pollution Emergency Episodes) (b)(ii), section 21 (Permit Requirements for Construction, Modification, and Operation) (c)(ii) and section 24 (Prevention of Significant Deterioration) (a)(xx)(A), (b)(i)(E)(VI)(1.)(c.)(f.)(h.) & (1.), (b)(iii), (b)(iv), (b)(viii), and (b)(xii)(D)(E)(F) & (G), effective February 13, 1989.

(B) March 14, 1989 letter from Charles A. Collins, Administrator of the Wyoming Air Quality Division to James J. Scherer, EPA Region VIII Regional Administrator, identifying the effective date of the above regulation amendments.

(21) On November 20, 1990, the Governor of Wyoming submitted revisions to the plan. The revisions include amendments to the prevention of significant deterioration of air quality (PSD) regulations to incorporate the nitrogen dioxide (NO2) increments, revisions to the new source review requirements and PSD regulations to make them federally enforceable, and revisions to the PSD regulations to allow establishment of multiple baseline areas which may have different baseline dates and different baseline concentrations.

(i) Incorporation by reference.

(A) Revisions to the Wyoming Air Quality Standards and Regulations, Section 2, Definitions, Section 21, Permit Requirements for Construction, Modification, and Operation, and Section 24, Prevention of Significant Deterioration, effective October 30, 1990.

(ii) Additional material.

(A) November 5, 1990, letter from Douglas Skie, EPA, to Charles A. Collins, Administrator, Air Quality Division, Wyoming Department of Environmental Quality.

(22) On September 6, 1988, the Governor of Wyoming submitted revisions to Section 3 of the Wyoming Air Quality Standards and Regulations, adding subsection (d) which defines “ambient air” for surface coal mines located in Wyoming's Powder River Basin.

(i) Incorporation by reference.

(A) Revisions to Section 3(d) of the Wyoming Air Quality Standards and Regulations, effective June 5, 1987.

(ii) Additional material.

(A) Memorandum of Agreement signed on December 22, 1993 by Dennis Hemmer, Director, Department of Environmental Quality, State of Wyoming, and on January 24, 1994 by Patricia D. Hull, Director, Air, Radiation and Toxics Division, EPA Region VIII.

(23) On November 1, 1993, the Governor of Wyoming submitted a plan for the establishment and implementation of a Small Business Assistance Program to be incorporated into the Wyoming State Implementation Plan as required by section 507 of the Clean air Act.

(i) Incorporation by reference.

(A) November 1, 1993, letter from the Governor of Wyoming submitting a Small Business Assistance Program plan to EPA.

(B) The State of Wyoming plan for the establishment and implementation of a Small Business Assistance Program, adopted September 16, 1993, by the Wyoming Environmental Quality Council.

(24) On August 28, 1989, the Governor of Wyoming submitted revisions to the Wyoming State implementation plan (SIP) for Sheridan, Wyoming. In addition to the original August 28 submittal, eight submittals containing information in response to EPA requests and to the new Clean Air Act Amendments were submitted. The August 28, 1989, submittal, in combination with the eight subsequent submittals, satisfy those moderate PM10 nonattainment SIP requirements due on November 15, 1991. Included in the August 28, 1989, submittal were PM10 contingency measures for Sheridan to satisfy the requirements of section 172(c)(9) of the Act that were due by November 15, 1993.

(i) Incorporation by reference.

(A) “The City of Sheridan, Air Quality Maintenance Plan,” including the Street Winter Maintenance Plan and the contingency plan calling for the use of deicing chemicals on downtown streets, adopted on February 21, 1989.

(ii) Additional material.

(A) Letter dated November 21, 1989, from the Wyoming Department of Environmental Quality to EPA which includes a memorandum dated November 15, 1989 from the Wyoming Attorney General's Office to the Wyoming Department of Environmental Quality; the memorandum includes Wyoming Statute 35-11-201.

(25) On November 12, 1993, the Governor of Wyoming submitted revisions to the Wyoming State Implementation Plan (SIP). Specifically, the State submitted revisions to the Wyoming Air Quality Standards and Regulations (WAQSR), section 21 “Permit requirements for construction, modification and operation.” Among other things, these revisions were made to address the non-attainment New Source Review (NSR) provisions of part D of the Act for PM10 nonattainment areas, which were due to EPA on June 30, 1992.

(i) Incorporation by reference.

(A) The following subsections of section 21 of the Wyoming Air Quality Standards and Regulations “Permit requirements for construction, modification and operation,” adopted on September 16, 1993 and effective October 26, 1993: subsections (a)(ii), (a)(iii), (a)(v), (c)(ii)(B), (k)(vii) and (o).

(ii) Additional material.

(A) Letter from Mary A. Throne, Assistant Attorney General, to the Governor of Wyoming, dated October 1, 1993, documenting the necessary legal authority under state law to adopt and implement the revised regulation.

(26) On March 14, 1995, the Governor of Wyoming submitted revisions to the prevention of significant deterioration permitting regulations in Section 24 of the Wyoming Air Quality Standards to incorporate changes in the Federal PSD permitting regulations for utility pollution control projects, PM-10 increments, and to make other minor changes.

(i) Incorporation by reference.

(A) Revisions to Section 24 of the Wyoming Air Quality Standards, subsections (a)(ix)(B), (a)(x)(H)-(K), (a)(xii)(D), (a)(xv), (a)(xix)(D) and (E), (a)(xxviii)-(xxxv), (b)(i)(A)(I), (b)(i)(E)(VI)(1), (b)(viii), and (b)(xii)(I), effective 2/13/95.

(27) On September 15, 1982, the Administrator of the Wyoming Air Quality Division submitted clarifications and revisions to the particulate matter control requirements of Section 25 of the Wyoming Air Quality Standards and Regulations (WAQSR) for FMC Corporation in the Trona Industrial Area. In addition, on May 16, 1985, the Administrator of the Wyoming Air Quality Division submitted revisions to the construction permitting requirements in Section 21 of the WAQSR to specify guidelines for best available control technology for new large mining operations. The Governor of Wyoming submitted revisions to Section 21 of the WAQSR, “Permit requirements for construction, modification, and operation,” on November 12, 1993. Last, the Governor of Wyoming submitted revisions to Section 24 of the WAQSR, “Prevention of Significant Deterioration,” on March 14, 1995.

(i) Incorporation by reference.

(A) Revisions to Section 25 of the WAQSR, “Sweetwater County Non-Attainment Area Particulate Matter Regulations,” subsection c.(2), effective September 13, 1982.

(B) Revisions to Section 21 of the WAQSR, “Permit requirements for construction, modification, and operation,” subsection c.(5), effective May 10, 1985.

(C) Revisions to Section 21 of the WAQSR, “Permit requirements for construction, modification, and operation,” subsection (a)(iv), effective October 26, 1993.

(D) Revisions to Section 24 of the WAQSR, “Prevention of Significant Deterioration,” subsections (a)(xix), (b)(iv), and (b)(xii)(H), effective February 13, 1995.

(28) On March 14, 1995, the Governor of Wyoming submitted revisions to the SIP that incorporate the General Conformity requirements of 40 CFR part 93, Subpart B into State regulation.

(i) Incorporation by reference.

(A) Section 32 of the Wyoming Air Quality Standards, “Conformity of General Federal Actions to State Implementation Plans,” effective February 13, 1995.

(29) The Governor of Wyoming submitted revisions to sections 2, 4, 5, 8, 9, 10, 14, and 21 of the Wyoming Air Quality Standards and Regulations (WAQSR) on May 21, 1999.

(i) Incorporation by reference.

(A) Revisions to the WAQSR, section 2 Definitions, subsection 2(a)(xxx)(B) excluding the words “or an equivalent or alternative method approved by the Administrator,” effective October 15, 1998.

(B) Revisions to the WAQSR, section 4 Sulfur oxides, subsection 4(h) excluding the words “or an equivalent method,” effective October 15, 1998.

(C) Revisions to the WAQSR, section 5 Sulfuric acid mist excluding the words “or an equivalent method,” effective October 15, 1998.

(D) Revisions to the WAQSR, section 8 Ozone, effective October 15, 1998.

(E) Revisions to the WAQSR, section 9 Volatile organic compounds, effective October 15, 1998.

(F) Revisions to the WAQSR, section 10 Nitrogen oxides, subsections 10(b), 10(b)(vii), 10(b)(viii), and 10(b)(ix), excluding the words “or by an equivalent method” in subsection 10(b), effective October 15, 1998.

(G) Revisions to the WAQSR, section 14 Control of particulate emissions, subsection 14(h)(iv) excluding the sentence, “Provided that the Administrator may require that variations to said methods be included or that entirely different methods be utilized if he determines that such variations or different methods are necessary in order for the test data to reflect the actual emission rate of particulate matter,” effective October 15, 1998.

(H) Revisions to the WAQSR, section 21 Permit requirements for construction, modification and operation, subsections 21(a)(vi) and 21(h), effective October 15, 1998.

(ii) Additional material.

(A) September 1, 1998 letter from Dan Olson, Administrator, Wyoming Air Quality Division, to Richard R. Long, Director, Air and Radiation Program, EPA Region 8.

(B) June 23, 2000 letter from Dan Olson, Administrator, Wyoming Air Quality Division, to Richard R. Long, Program Manager, Air and Radiation, EPA Region VIII.

(30) On September 12, 2003, the Governor of Wyoming submitted a revision to the State Implementation Plan. The revision restructures the Wyoming Air Quality Standards and Regulations (WAQS&R) from a single chapter into thirteen separate chapters and renumbers the provisions within each chapter. The submitted revision contains no substantive changes to the existing SIP-approved regulations. The provisions listed in paragraph (c)(30)(i)(A) are approved into the SIP and supersede and replace the prior codification of the corresponding provisions of the SIP.

(i) Incorporation by reference.

(A) Wyoming Air Quality Standards and Regulations: Chapter 1: Section 2—Authority, Section 3—Definitions, Section 4—Diluting and concealing emissions, Section 5—Abnormal conditions and equipment malfunction; Chapter 2: Section 2—Ambient standards for particulate matter, paragraphs 2(a) and 2(c) only, Section 3—Ambient standards for nitrogen oxides, Section 4—Ambient standards for sulfur oxides, Section 5—Ambient standards for carbon monoxide, Section 6—Ambient standards for ozone, Section 8—Ambient standard for suspended sulfates, Section 10—Ambient standards for lead; Chapter 3: Section 2—Emission standards for particulate matter, Section 3—Emission standards for nitrogen oxides, Section 4—Emission standards for sulfur oxides, Section 5—Emission standards for carbon monoxide, Section 6—Emission standards for volatile organic compounds; Chapter 4: Section 2—Existing sulfuric acid production units, Section 3—Existing nitric acid manufacturing plants; Chapter 6: Section 2—Permit requirements for construction, modification and operation, Section 4—Prevention of significant deterioration; Chapter 7: Section 2—Continuous monitoring requirements for existing sources; Chapter 8: Section 2—Sweetwater County particulate matter regulations, Section 3—Conformity of general federal actions to state implementation plans; Chapter 9: Section 2—Visibility; Chapter 10: Section 2—Open burning restrictions, Section 3—Wood waste burners; Chapter 12: Section 2—Air pollution emergency episodes; Chapter 13: Section 2—Motor vehicle pollution control; all adopted September 13, 1999 and effective October 29, 1999.

(ii) Additional Material.

(A) Remainder of the September 12, 2003 State submittal.

(B) January 12, 2004 letter from Dan Olson, Wyoming Department of Environmental Quality (DEQ), to Richard Long, EPA Region VIII, to address typographical errors and incorrect cross references identified in the September 12, 2003 submittal.

(C) March 22, 2004 letter from Richard Long, EPA Region VIII, to John Corra, Wyoming DEQ, requesting clarification on the State's commitment to submit substantive SIP revisions following EPA's approval of the restructured and renumbered WAQS&R provisions. In this letter, EPA also asked DEQ to indicate time frames in which DEQ would submit substantive SIP revisions.

(D) March 29, 2004 letter from John Corra, Wyoming DEQ, to Richard Long, EPA Region VIII, addressing the concerns expressed in Mr. Long's March 22, 2004 letter.

[37 FR 10903, May 31, 1972. Redesignated at 71 FR 64462, Nov. 2, 2006] Editorial Note:For Federal Register citations affecting § 52.2635, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
§ 52.2636 - Implementation plan for regional haze.

(a) Applicability. (1) This section applies to each owner and operator of the following emissions units in the State of Wyoming for which EPA approved the State's BART determination:

(i) FMC Westvaco Trona Plant Units NS-1A and NS-1B (PM and NOX);

(ii) TATA Chemicals Partners (previously General Chemical) Boilers C and D (PM and NOX);

(iii) Basin Electric Power Cooperative Laramie River Station Units 1, 2, and 3 (PM);

(iv) PacifiCorp Dave Johnston Power Plant Unit 3 (PM);

(v) PacifiCorp Dave Johnston Power Plant Unit 4 (PM and NOX);

(vi) PacifiCorp Jim Bridger Power Plant Units 1, 2, 3, and 4 (PM and NOX);

(vii) PacifiCorp Naughton Power Plant Units 1 and 2 (PM and NOX); and

(viii) PacifiCorp Wyodak Power Plant Unit 1 (PM).

(2) This section also applies to each owner and operator of the following emissions units in the State of Wyoming for which the EPA disapproved the State's BART determination and issued a SO2 and/or NOX BART Federal Implementation Plan:

(i) Basin Electric Power Cooperative Laramie River Station Units 1, 2, and 3;

(ii) PacifiCorp Dave Johnston Unit 3; and

(iii) PacifiCorp Wyodak Power Plant Unit 1.

(b) Definitions. Terms not defined below shall have the meaning given them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this section:

(1) BART means Best Available Retrofit Technology.

(2) BART unit means any unit subject to a Regional Haze emission limit in Table 1 and Table 2 of this section.

(3) CAM means Compliance Assurance Monitoring as required by 40 CFR part 64.

(4) Continuous emission monitoring system or CEMS means the equipment required by this section to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of SO2 and/or NOX emissions, diluent, or stack gas volumetric flow rate.

(5) FIP means Federal Implementation Plan.

(6) The term lb/hr means pounds per hour.

(7) The term lb/MMBtu means pounds per million British thermal units of heat input to the fuel-burning unit.

(8) NOX means nitrogen oxides.

(9) Operating day means a 24-hour period between 12 midnight and the following midnight during which any fuel is combusted at any time in the BART unit. It is not necessary for fuel to be combusted for the entire 24-hour period.

(10) The owner/operator means any person who owns or who operates, controls, or supervises a unit identified in paragraph (a) of this section.

(11) PM means filterable total particulate matter.

(12) SO2 means sulfur dioxide.

(13) Unit means any of the units identified in paragraph (a) of this section.

(c) Emissions limitations. (1) The owners/operators of emissions units subject to this section shall not emit, or cause to be emitted, PM, NOX, or SO2 in excess of the following limitations:

Table 1 to § 52.2636

[Emission limits for BART units for which EPA approved the State's BART and Reasonable Progress determinations]

Source name/BART unit PM emission
limits—
lb/MMBtu
NOX emission
limits—
lb/MMBtu
(30-day
rolling
average)
FMC Westvaco Trona Plant/Unit NS-1A0.050.35
FMC Westvaco Trona Plant/Unit NS-1B0.050.35
TATA Chemicals Partners (General Chemical) Green River Trona Plant/Boiler C0.090.28
TATA Chemicals Partners (General Chemical) Green River Trona Plant/Boiler D0.090.28
Basin Electric Power Cooperative Laramie River Station/Unit 10.03N/A
Basin Electric Power Cooperative Laramie River Station/Unit 20.03N/A
Basin Electric Power Cooperative Laramie River Station/Unit 30.03N/A
PacifiCorp Dave Johnston Power Plant/Unit 30.015N/A
PacifiCorp Dave Johnston Power Plant/Unit 40.0150.15
PacifiCorp Jim Bridger Power Plant/Unit 1 10.030.26/0.07
PacifiCorp Jim Bridger Power Plant/Unit 2 10.030.26/0.07
PacifiCorp Jim Bridger Power Plant/Unit 3 10.030.26/0.07
PacifiCorp Jim Bridger Power Plant/Unit 4 10.030.26/0.07
PacifiCorp Naughton Power Plant/Unit 10.040.26
PacifiCorp Naughton Power Plant/Unit 20.040.26
PacifiCorp Wyodak Power Plant/Unit 10.015N/A

1 The owners and operators of PacifiCorp Jim Bridger Units 1, 2, 3, and 4 shall comply with the NOX emission limit for BART of 0.26 lb/MMBtu and PM emission limit for BART of 0.03 lb/MMBtu and other requirements of this section by March 4, 2019. The owners and operators of PacifiCorp Jim Bridger Units 1, 2, 3 and 4 shall comply with the NOX emission limit for reasonable progress of 0.07 lb/MMBtu by: December 31, 2022, for Unit 1, December 31, 2021, for Unit 2, December 31, 2015, for Unit 3, and December 31, 2016, for Unit 4.

Table 2 to § 52.2636

[Emission limits and required control technologies for BART units for which the EPA disapproved the State's BART determination and implemented a FIP]

Source name/BART unit NOX Required Control Technology NOX emission
limit—lb/MMBtu
(30-day rolling
average)
SO2 emission
limit—lb/MMBtu
(averaged annually across Units
1 and 2)
Basin Electric Power Cooperative Laramie River Station/Unit 1 1Selective Catalytic Reduction (SCR) 2 4 0.18/0.060.12
Basin Electric Power Cooperative Laramie River Station/Unit 2 1Selective Non-catalytic Reduction (SNCR) 30.18/0.15
Basin Electric Power Cooperative Laramie River Station/Unit 3 1Selective Non-catalytic Reduction (SNCR) 30.18/0.15N/A
PacifiCorp Dave Johnston Unit 3N/A* 0.07N/A
PacifiCorp Wyodak Power Plant/Unit 1N/A0.07N/A

1 The owners and operators of Laramie River Station Unit 1 shall comply with the NOX emission limit of 0.18 lb/MMBtu on June 19, 2019 and ending June 30, 2019. The owners and operators of Laramie River Station Unit 1 shall comply with the NOX emission limit of 0.06 lb/MMBtu on July 1, 2019. The owners and operators of the Laramie River Station Units 2 and 3 shall comply with the NOX emission limit of 0.18 lb/MMBtu on June 19, 2019 and ending on December 30, 2018. The owners and operators of Laramie River Station Units 2 and 3 shall comply with the NOX emission limit of 0.15 lb/MMBtu on December 31, 2018. The owners and operators of Laramie River Station Units 1 and 2 shall comply with the SO2 emission limit of 0.12 lb/MMBtu averaged annually across the two units on December 31, 2018.

2 By July 1, 2019.

3 By December 30, 2018.

4 These limits are in addition to the NOX emission limit for Laramie River Station Unit 1 of 0.07 MMBtu on a 30-day rolling average.

* (Or 0.28 and shut-down by December 31, 2027).

(2) These emission limitations shall apply at all times, including startups, shutdowns, emergencies, and malfunctions.

(d) Compliance date. (1) The owners and operators of PacifiCorp Jim Bridger Units 1, 2, 3, and 4 shall comply with the NOX emission limit of 0.26 lb/MMBtu and PM emission limit of 0.03 lb/MMBtu and other requirements of this section by March 4, 2019. The owners and operators of PacifiCorp Jim Bridger Units 1, 2, 3 and 4 shall comply with the NOX emission limit of 0.07 lb/MMBtu by: December 31, 2022 for Unit 1, December 31, 2021 for Unit 2, December 31, 2015, for Unit 3, and December 31, 2016, for Unit 4.

(2) The owners and operators of Laramie River Station Unit 1 shall comply with the NOX emission limit of 0.18 lb/MMBtu on June 19, 2019 and ending June 30, 2019. The owners and operators of Laramie River Station Unit 1 shall comply with the NOX emission limit of 0.06 lb/MMBtu on July 1, 2019. The owners and operators of the Laramie River Station Units 2 and 3 shall comply with the NOX emission limit of 0.18 lb/MMBtu on June 19, 2019 and ending on December 30, 2018. The owners and operators of Laramie River Station Units 2 and 3 shall comply with the NOX emission limit of 0.15 lb/MMBtu on December 31, 2018. The owners and operators of Laramie River Station Units 1 and 2 shall comply with the SO2 emission limit of 0.12 lb/MMBtu averaged annually across the two units on December 31, 2018.

(3) The owners and operators of the other BART sources subject to this section shall comply with the emissions limitations and other requirements of this section by March 4, 2019.

(4)(i) The owners and operators of PacifiCorp Dave Johnston Unit 3 will meet a NOX emission limit of 0.07 lb/MMBtu (30-day rolling average) by March 4, 2019; or

(ii) Alternatively, the owners and operators of PacifiCorp Dave Johnston Unit 3 will permanently cease operation of this unit on or before December 31, 2027.

(e) Compliance determinations for SO2 and NOX. (1) For all BART units other than Trona Plant units:

(i) CEMS. At all times after the earliest compliance date specified in paragraph (d) of this section, the owner/operator of each unit shall maintain, calibrate and operate a CEMS, in full compliance with the requirements found at 40 CFR part 75, to accurately measure SO2 and/or NOX, diluent, and stack gas volumetric flow rate from each unit. The CEMS shall be used to determine compliance with the emission limitations in paragraph (c) of this section for each unit.

(ii) Method. (A) For any hour in which fuel is combusted in a unit, the owner/operator of each unit shall calculate the hourly average NOX emission rates in lb/MMBtu at the CEMS in accordance with the requirements of 40 CFR part 75. At the end of each operating day, the owner/operator shall calculate and record a new 30-day rolling average emission rate in lb/MMBtu from the arithmetic average of all valid hourly emission rates from the CEMS for the current operating day and the previous 29 successive operating days.

(B) At the end of each calendar year, the owner/operator shall calculate the annual average SO2 emission rate in lb/MMBtu across Laramie River Station Units 1 and 2 as the sum of the SO2 annual mass emissions (pounds) divided by the sum of the annual heat inputs (MMBtu). For Laramie River Station Units 1 and 2, the owner/operator shall calculate the annual mass emissions for SO2 and the annual heat input in accordance with 40 CFR part 75 for each unit.

(C) An hourly average SO2 and/or NOX emission rate in lb/MMBtu is valid only if the minimum number of data points, as specified in 40 CFR part 75, is acquired by both the pollutant concentration monitor (SO2 and/or NOX) and the diluent monitor (O2 or CO2).

(D) Data reported to meet the requirements of this section shall not include data substituted using the missing data substitution procedures of subpart D of 40 CFR part 75, nor shall the data have been bias adjusted according to the procedures of 40 CFR part 75.

(2) For all Trona Plant BART units:

(i) CEMS. At all times after the compliance date specified in paragraph (d) of this section, the owner/operator of each unit shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR part 60, to accurately measure NOX, diluent, and stack gas volumetric flow rate from each unit, including the CEMS quality assurance requirements in appendix F of 40 CFR part 60. The CEMS shall be used to determine compliance with the emission limitations in paragraph (c) of this section for each unit.

(ii) Method. (A) For any hour in which fuel is combusted in a unit, the owner/operator of each unit shall calculate the hourly average NOX emission rate in lb/MMBtu at the CEMS in accordance with the requirements of 40 CFR part 60. At the end of each operating day, the owner/operator shall calculate and record a new 30-day rolling average emission rate in lb/MMBtu from the arithmetic average of all valid hourly emission rates from the CEMS for the current operating day and the previous 29 successive operating days.

(B) An hourly average NOX emission rate in lb/MMBtu is valid only if the minimum number of data points, as specified in 40 CFR part 60, is acquired by both the pollutant concentration monitor (NOX) and the diluent monitor (O2 or CO2).

(f) Compliance determinations for particulate matter. Compliance with the particulate matter emission limit for each BART unit shall be determined from annual performance stack tests. Within 60 days of the compliance deadline specified in paragraph (d) of this section, and on at least an annual basis thereafter, the owner/operator of each unit shall conduct a stack test on each unit to measure particulate emissions using EPA Method 5, 5B, 5D, or 17, as appropriate, in 40 CFR part 60, Appendix A. A test shall consist of three runs, with each run at least 120 minutes in duration and each run collecting a minimum sample of 60 dry standard cubic feet. Results shall be reported in lb/MMBtu. In addition to annual stack tests, the owner/operator shall monitor particulate emissions for compliance with the BART emission limits in accordance with the applicable Compliance Assurance Monitoring (CAM) plan developed and approved by the State in accordance with 40 CFR part 64.

(g) Recordkeeping. The owner/operator shall maintain the following records for at least five years:

(1) All CEMS data, including the date, place, and time of sampling or measurement; parameters sampled or measured; and results.

(2) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records required by 40 CFR part 75. Or, for Trona Plant units, records of quality assurance and quality control activities for emissions measuring systems including, but not limited to appendix F of 40 CFR part 60.

(3) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS.

(4) Any other CEMS records required by 40 CFR part 75. Or, for Trona Plant units, any other CEMs records required by 40 CFR part 60.

(5) Records of all particulate stack test results.

(6) All data collected pursuant to the CAM plan.

(h) Reporting. All reports under this section shall be submitted to the Director, Office of Enforcement, Compliance and Environmental Justice, U.S. Environmental Protection Agency, Region 8, Mail Code 8ENF-AT, 1595 Wynkoop Street, Denver, Colorado 80202-1129.

(1) The owner/operator of each unit shall submit quarterly excess emissions reports for SO2 and/or NOX BART units no later than the 30th day following the end of each calendar quarter. Excess emissions means emissions that exceed the emissions limits specified in paragraph (c) of this section. The reports shall include the magnitude, date(s) and duration of each period of excess emissions, specific identification of each period of excess emissions that occurs during startups, shutdowns and malfunctions of the unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted.

(2) The owner/operator of each unit shall submit quarterly CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments. The owner/operator of each unit shall also submit results of any CEMS performance tests required by 40 CFR part 75. Or, for Trona Plant units, the owner/operator of each unit shall also submit results of any CEMs performance test required appendix F of 40 CFR part 60 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).

(3) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, such information shall be stated in the quarterly reports required by paragraphs (h)(1) and (2) of this section.

(4) The owner/operator of each unit shall submit results of any particulate matter stack tests conducted for demonstrating compliance with the particulate matter BART limits in paragraphs (c) of this section, within 60 calendar days after completion of the test.

(5) The owner/operator of each unit shall submit semi-annual reports of any excursions under the approved CAM plan in accordance with the schedule specified in the source's title V permit.

(i) Notifications. (1) The owner/operator shall promptly submit notification of commencement of construction of any equipment which is being constructed to comply with the SO2 and/or NOX emission limits in paragraph (c) of this section.

(2) The owner/operator shall promptly submit semi-annual progress reports on construction of any such equipment.

(3) The owner/operator shall promptly submit notification of initial startup of any such equipment.

(j) Equipment operation. At all times, the owner/operator shall maintain each unit, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions.

(k) Credible evidence. Nothing in this section shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with requirements of this section if the appropriate performance or compliance test procedures or method had been performed.

[79 FR 5220, Jan. 30, 2014, as amended at 84 FR 10436, Mar. 21, 2019; 84 FR 22725, May 20, 2019]
§ 52.2637 - Federal implementation plan for reasonable attributable visibility impairment long-term strategy.

As required by 40 CFR 41.306(c), EPA will ensure that the review of the State's reasonably attributable visibility impairment long-term strategy is coordinated with the regional haze long-term strategy under 40 CFR 51.308(g). EPA's review will be in accordance with the requirements of 40 CFR 51.306(c).

[79 FR 5222, Jan. 30, 2014]
cite as: 40 CFR 52.2622