Administrative Rule Review Report  #AR08-022

Legislative Service Office

17-Mar-08

 

AGENCY:                                 Department of Environmental Quality, Quality Division.

 

DATE SUBMITTED:                  February 28, 2008.

 

SUBJECT:                                 Chapter 3, General Emission Standards;, Chapter 5, National Emission Standards; Chapter 11, Acid Rain Program; and Chapter 14, Emission Trading Program(R-16 and R-17).

 

NATURE OF RULES:                     Legislative, procedural

 

STATUTORY AUTHORITY:         W.S. 35-11-109

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

 

SUMMARY OF RULES:  These rules provide changes to rules related to air quality.  Chapter 3 of the rules establish general emission standards.  Chapter 3 is amended to incorporate by reference all Code of Federal Regulations provisions and all American Society for Testing and Materials standards that are cited in the chapter as they existed on July 1, 2006.  The chapter is amended to reflect the appropriate citations to the Code of Federal Regulations throughout.

 

Chapter 5 of the rules incorporates national emissions standards adopted by the Environmental Protection Agency.  Chapter 5 is amended to incorporate by reference all Code of Federal Regulations provisions and all American Society for Testing and Materials standards that are cited in the chapter as they existed on July 1, 2006.  40 CFR part 60, subpart EEEE dealing with solid waste incineration units and 40 CFR part 63, subpart DDDD dealing with plywood and composite wood products are adopted by reference.  The rules are amended to adjust how the compliance of flares with the visible emission provisions is calculated.

 

Chapter 11 of the rules deals with the National Acid Rain Program.  The rules in chapter 11 are amended to cite to the 1990 Clean Air Act Amendments and to the Code of Federal Regulations published as of July 1, 2006.  The rules provide that copies of Acid Rain Program regulations are available from the department at cost.

 

Chapter 14 of the rules establishes regulations for the emissions trading program.  Chapter 14 is amended to incorporate by reference all Code of Federal Regulations provisions that are cited in the chapter as they existed on July 1, 2006 unless specifically excluded.  The rules are amended to establish a definition for "special reserve compliance account".  The method for obtaining an early reduction bonus allocation is revised and provides standards for both non-utility Western Backstop (WEB) sources and utilities.  The rules are amended to establish the annual floor allocation that a new WEB source is eligible for.  The rules require modifications of monitoring plans to be submitted within 90 days of implementing revised monitoring plans.  The rules provide that if a source exceeds its allowance limitation, the excess emissions are subject to the allowance deduction penalty.  The allowance deduction penalty as amended would result in a reduction of the allowances in the compliance account by three times the source's tons of excess emissions and a financial penalty of $5,000.00 per ton of S02 emissions in excess of the allowance limitation.  The rules establish special penalty provisions for the 2018 sulfur dioxide milestone if the WEB trading program is triggered as described in the Wyoming Regional Haze State Implementation Plan.  The special penalty would apply to emissions in excess of the allowance limitation for the 2018 emissions year and for the control period which would begin in 2019 and each additional control period.  The rules are amended to remove the exemption from chapter 14 for a stationary source that is subject to a limitation of 50 tons per year or less.  There are also technical corrections throughout the rules.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the consent list and be approved by the Council as submitted by the Agency.

 

 

                                                            _______________________

                                                            Joshua Anderson

                                                            Research Associate

 

                                                            _______________________

                                                            Dan J. Pauli

                                                            Director

JDA/