WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

CHAPTER 3 GENERAL EMISSION STANDARDS

Section 1. Introduction to general emission standards.

(a) This Chapter establishes limits on the quantity, rate, or concentration of emissions of air pollutants, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures. These general emission standards may be superseded by specific emission standards required in other Chapters of the Wyoming Air Quality Standards and Regulations. Section 9 incorporates by reference all Code of Federal Regulations (CFRs), including their Appendices, cited in this Chapter and all American Society for Testing and Materials (ASTM) standards cited in this Chapter.

Section 2. Emission standards for particulate matter.

(a) Visible emissions of any contaminant discharged into the atmosphere from any single new source of emission whatsoever as determined by a qualified observer shall be limited to 20 percent opacity;

Provided, however, that:

(i) An owner or operator of an affected facility of the type described in Chapter 3, Section 2(h)(i) hereof which has a heat input of not less than 2500 x 10⁶ Btu per hour, may request the Administrator of the Division of Air Quality to determine opacity of emissions from such affected facility during initial performance tests required by Chapter 3, Section 2(i) or during other performance tests thereafter.

(ii) Upon receipt from such owner or operator of the written report of the results of the performance tests required by Chapter 6, Section 2(i) or later performance tests, the Administrator will make a finding concerning compliance with opacity and other applicable standards. If the Administrator finds that such affected facility is in compliance with all applicable standards for which performance tests are conducted but fails to meet any applicable opacity standard, he shall notify the owner or operator and advise him that he may petition the Administrator within 10 days of receipt of notification to make appropriate adjustment to the opacity standard for such affected facility.

(iii) The Administrator will grant such a petition upon a satisfactory demonstration by the owner or operator that such affected facility and associated air pollution control equipment was operated and maintained in a manner to minimize the opacity of emissions during the performance tests; that the performance tests were performed under the conditions prescribed by the Administrator; and that such affected facility and associated air pollution control equipment were incapable of being adjusted or operated to meet the applicable opacity standard at or near the facility's designed capacity.

(iv) The Administrator will establish an opacity standard for such affected facility meeting the above requirements at a level at which the source will be able, as indicated by the performance and opacity tests, to meet the opacity standard at all times during which the source is meeting the mass or concentration emission standard and during which the facility and air pollution equipment is being operated properly and maintained to minimize the opacity of emissions and mass emission rate.

(b) Visible emissions of any contaminant discharged into the atmosphere from any single existing source of emission whatsoever as determined by a qualified observer shall be limited to 40 percent opacity. This limitation shall not apply to existing incinerators or wood waste burners.

(c) The emissions of visible air pollutants from gasoline engines shall be eliminated except for periods not exceeding five consecutive seconds.

(d) The emissions of visible air pollutants from diesel engines as determined by a qualified observer shall be limited to 30 percent opacity below 7500 feet elevation except for periods not exceeding ten consecutive seconds. This limitation shall not apply during a reasonable period of warm-up following a cold start or where undergoing repairs and adjustment following a malfunction.

(e) Unless restricted by more stringent emission limits established elsewhere in the Wyoming Air Quality Standards and Regulations or permit conditions, any single source may discharge for a period or periods aggregating not more than 6 minutes in any hour contaminants;

(i) Having an equivalent opacity of not more than 40 percent as determined by a qualified observer.

(f) Fugitive Dust. Sources operating within the State of Wyoming are required to control fugitive dust emissions. The following control measures or any equivalent method approved by the Division Administrator shall be considered appropriate for minimizing fugitive dust:

(i) Construction/Demolition Activities.

(A) Any person engaged in clearing or leveling of land, earthmoving, excavation, or movement of trucks or construction equipment over access haul roads or cleared land shall take steps to minimize fugitive dust from such activities. Such control measures may include frequent watering and/or chemical stabilization.

(B) Any person engaged in demolition activities including razing of homes, buildings, or other structures; or removing paving material from roads and/or parking areas shall take steps to minimize fugitive dust from such activities. Such control measures may include frequent watering and/or chemical stabilization.

(C) Any person who is engaged in construction or demolition activities which tracks earth or other materials onto paved streets shall promptly remove such material by water or other means.

(D) Any person engaged in sandblasting or similar operations shall take steps to minimize fugitive dust from such activities. Such control measures may include the installation and use of hood, fans and fabric filters to enclose and vent the handling of dusty materials.

(ii) Handling and Transporting of Materials.

(A) Any person owning, operating or maintaining a new or existing material storage, handling and/or hauling operation shall minimize fugitive dust from such an operation. Such control measures may include the application of asphalt, oil, water or suitable chemicals on unpaved roads, material stockpiles and other surfaces which can give rise to airborne dusts. Control measures for material handling may also include installation and use of hoods, fans and fabric filters to enclose and vent dusty materials.

(B) When transporting materials likely to give rise to airborne dust, open bodied trucks shall be covered when in motion.

(iii) Agricultural Practices.

(A) Any person engaged in agricultural practices, such as tilling of land and application of fertilizers shall operate in a manner as to minimize fugitive dust emissions.

(g) The emission of particulate matter from any new source shall be limited as indicated in Table I. The emission of particulate matter from any existing source shall be limited as indicated in Table II.

(i) Process weight per hour means the total weight of all materials introduced into any specific process that may cause any emissions of particulate matter, including solid fuels, but excluding liquids or gases and used solely as fuels, and excluding air introduced for purposes of combustion, and excluding the weight of any water, water vapor or steam that may be introduced as part of the total materials. However, water contained as part of the normal input to a beet pulp dryer process shall be included as part of the process weight per hour. The process weight rate per hour referred to in this section shall be based upon the maximum design production rate of the equipment unless otherwise restricted by enforceable limits on potential to emit.

(ii) For a cyclical or batch operation, the process weight per hour is derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle.

(iii) For a continuous operation, the process weight per hour is derived by dividing the process weight for a typical period of time.

(iv) Emission tests related to this regulation shall be measured in accordance with the requirements of Chapter 3, Section 2(h)(iv).

TABLE I
PROCESS WEIGHT RATE (lbs/hr)	EMISSION RATE (lbs/hr)
50	0.36
100	0.55
500	1.53
1,000	2.25
5,000	6.34
10,000	9.73
20,000	14.99
60,000	29.60
80,000	31.19
120,000	33.28
160,000	34.85
200,000	36.11
400,000	40.35
1,000,000	46.72

Interpolation of the data in Table I for the process weight rates up to 60,000 lbs/hr shall be accomplished by the use of the equation:

E = 3.59 P^0.62 P ≤ 30 tons/hr

and interpolation and extrapolation of the data for process weight rates in excess of 60,000 lbs/hr shall be accomplished by use of the equation:

E = 17.31 P^0.16 P > 30 tons/hr

Where: E = Emissions in pounds per hour.

P = Process weight rate in tons per hour.

TABLE II
PROCESS WEIGHT RATE		RATE OF EMISSION	PROCESS WEIGHT RATE		RATE OF EMISSION
lb/hr	tons/hr	lb/hr	lb/hr	tons/hr	lb/hr
100	0.05	0.551	16,000	8	16.5
200	0.10	0.877	18,000	9	17.9
400	0.20	1.40	20,000	10	19.2
600	0.30	1.83	30,000	15	25.2
800	0.40	2.22	40,000	20	30.5
1,000	0.50	2.58	50,000	25	35.4
1,500	0.75	3.38	60,000	30	40.0
2,000	1.00	4.10	70,000	35	41.3
2,500	1.25	4.76	80,000	40	42.5
3,000	1.50	5.38	90,000	45	43.6
3,500	1.75	5.96	100,000	50	44.6
4,000	2.00	6.52	120,000	60	46.3
5,000	2.50	7.58	140,000	70	47.8
6,000	3.00	8.56	160,000	80	49.0
7,000	3.50	9.49	200,000	100	51.2
8,000	4.00	10.4	1,000,000	500	69.0
9,000	4.50	11.2	2,000,000	1,000	77.6
10,000	5.00	12.0	6,000,000	3,000	92.7
12,000	6.00	13.6

Interpolation of the data in Table II for process weight rates up to 60,000 lb/hr shall be accomplished by use of the equation E = 4.10 P^0.67, and interpolation and extrapolation of the data for process weight rates in excess of 60,000 lb/hr shall be accomplished by use of the equation:

E = 55.0 P^0.11- 40, where E = rate of emission in lb/hr

and P = process weight rate in tons/hr

Notwithstanding any other provision of this Table, any existing air contaminant source utilizing an air pollution control device having a collection efficiency of 99.5 percent or better, shall be deemed to be in compliance with all provisions of this regulation. Such efficiency shall be determined by a professional engineer licensed to practice in Wyoming and all expenses incurred in such determination shall be defrayed by the person responsible for the emission.

(h) The emissions of particulate matter from existing sources where fuel burning equipment is used for indirect heating shall be limited as shown in Figure 1 and shall be applicable to equipment burning solid fuel.

The emissions of particulate matter from new sources where fuel burning equipment is used for indirect heating shall be limited to 0.10 pound per million Btu input (0.18 grams per million calories) maximum 2-hour average. Except to the extent that an opacity standard has been established for an affected facility pursuant to Chapter 3, Section 2(a)(i) through (iv) hereof, the visible emissions of particulate matter from new sources where fuel burning equipment is used for indirect heating shall be no greater than 20 percent opacity, except that 40 percent opacity shall be permitted for not more than 2 minutes in any hour. This regulation is not applicable to residential or commercial fuel burning equipment with a heat input of less than 10 x 10⁶ Btu/hr and used exclusively to produce building heat.

(i) This regulation applies to installations in which fuel is burned for the primary purpose of producing steam, hot water, or hot air or other indirect heating of liquids, gases, or solids, and, in the course of doing so, the products of combustion do not come into direct contact with process materials. Fuels include those such as coal, coke, lignite, fuel oil, and wood, but do not include refuse. When any products or byproducts of a manufacturing process are burned for the same purpose or in conjunction with any fuel, the same maximum emission limitations shall apply.

~~(ii)~~ The heat content of coal shall be determined according to the ASTM Method D-271-64 Laboratory Sampling and Analysis of Coal and Coke or ASTM method D-2015-62T Gross Calorific Value of Solid Fuel by the Adiabatic Bomb Calorimeter, which publications are made a part of this regulation by reference.

~~(iii)~~ (ii) For purposes of this regulation, the heat input shall be the aggregate heat content of all fuels whose products of combustion pass through a stack or stacks, or the heat input value used shall be the equipment manufacturer or designer’s guaranteed maximum input, whichever is greater. The total heat input of all fuel burning units at a plant or on a premise shall be used for determining the maximum allowable amount of particulate matter which may be emitted.

~~(iv)~~ (iii) The amount of particulate matter emitted shall be measured by ~~source test methods specified by the Administrator. The reference methods shall be~~ test Methods 1 through 5, Appendix A, 40 CFR part 60. Provided that the Administrator may require that variations to said methods be included or that entirely different methods be utilized if he determines that such variations or different methods are necessary in order for the test data to reflect the actual emission rate of particulate matter.

(i) The emission of particulate matter from any incinerator shall be limited to:

(i) 0.20 pound per 100 pounds (2 grams per kilogram) of refuse charged as determined by a source test method approved by the Division for stationary sources as described in ~~Subsection (g)(iv) of this regulation~~ Section 2(h)(ii) of this Chapter;

(ii) A shade or density equal to but not greater than 20 percent opacity as determined by a qualified observer.

Section 3. Emission standards for nitrogen oxides.

(a) The emission standards for nitrogen oxides, measured in accordance with Method 7 of 40 CFR part 60, Appendix A or by an equivalent method are:

(i) The emission of nitrogen oxides from new gas fired fuel burning equipment calculated as nitrogen dioxide shall be limited to 0.20 pound per million Btu (0.36 grams per million gram calories) of heat input.

(ii) The emission of nitrogen oxides from existing gas fired fuel burning equipment calculated as nitrogen dioxide shall be limited to 0.23 pound per million Btu (0.41 grams per million gram calories) of heat input.

(iii) The emission of nitrogen oxides from new oil fired fuel burning equipment calculated as nitrogen dioxide shall be limited to 0.30 pounds per million Btu (0.54 grams per million gram calories) of heat input for units having a heat input of 1.0 million Btu per hour (250 million gram calories/hour) or greater and 0.60 pounds per million Btu (1.08 grams per million gram calories) of heat input for units having a heat input less than 1.0 million Btu per hour (250 million gram calories/hour).

(iv) The emission of nitrogen oxides from existing oil fired fuel burning equipment calculated as nitrogen dioxide shall be limited to 0.46 pound per million Btu (0.83 grams per million gram calories) of heat input for units having a heat input of 250 million Btu per hour (62.5 billion gram calories/hour) or greater and 0.60 pound per million Btu (1.08 grams per million gram calories) of heat input for units having a heat input less than 250 million Btu per hour (62.5 billion gram calories/hour).

(v) The emission of nitrogen oxides from new nitric acid manufacturing plants, calculated as nitrogen dioxide shall be limited to 3 pounds per ton (1.5 kilograms per metric ton) of acid produced, maximum 2-hour average.

(vi) The emission of nitrogen oxides from new solid fossil fuel (except lignite) fired fuel burning equipment calculated as nitrogen dioxide shall be limited to 0.70 pounds per million Btu (1.26 grams per million gram calories) heat input.

(vii) The emission of nitrogen oxides from existing solid fossil fuel (except lignite) fired fuel burning equipment calculated as nitrogen dioxide shall be limited to 0.75 pounds per million Btu (1.35 grams per million gram calories) heat input.

(viii) The requirements of Chapter 3, Section 3(a) shall not apply to internal combustion engines having a heat input of less than 200 million Btu per hour.

Section 4. Emission standards for sulfur oxides.

(a) Any new facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides, mercaptans, or acid sludge shall limit the atmospheric discharge of sulfur dioxide in the effluent to not more than four pounds per ton of acid produced (2 kgm per metric ton)--maximum 2-hour average.

(b) The emission of sulfur dioxide (SO₂) from fuel-burning equipment, the construction of which commences on or after January 1, 1985, shall be limited to the values shown in Table 4a. Compliance with these emission limitations shall be determined on a 30-day rolling average basis and a fixed 3-hour basis, using the emission data obtained from an SO₂ continuous monitoring system installed and operated in accordance with Chapter 5, Section 2(j) of these regulations.

(i) Compliance with the 30-day rolling average shall be determined by calculating the arithmetic average of all hourly SO₂ emission rates for the most recent 30 successive operating days, except for data obtained during operation under Chapter 1, Section 5 of these regulations.

(A) The initial performance test period shall consist of the first 30 days of operation of the fuel burning equipment. Using the most recent 30 days of operation of the fuel burning equipment, a new 30-day average compliance determination for SO₂ is calculated for each successive operating day. These determinations will each constitute a separate performance test.

(B) For the purpose of calculating 30-day average emissions, the minimum amount of emissions data required is 75 percent of the operating hours during each operating day in at least 22 out of 30 successive operating days. A minimum of two data points are required to calculate each one-hour average. If, during any 30-day period, the minimum amount of emission data is not obtained because of continuous monitoring system breakdowns, repairs, calibration checks, or zero and span adjustments, the owner or operator of the continuous monitoring system must notify the Administrator pursuant to Chapter 3, Section 4(b)(iii) of the cause(s) for such loss of data and must immediately initiate corrective action necessary to resume acceptable performance of the continuous monitoring system.

(ii) Compliance with the 3-hour SO₂ emission rate shall be determined for fixed 3-hour periods and shall use all hourly SO₂ emission rates including data obtained during periods of operation under Chapter 3, Section 4(b)(iii) and excluding periods of operation under Chapter 1, Section 5 of these regulations. The maximum 3-hour SO₂ emission rate is not to be exceeded more than once per calendar year.

(iii) The owner or operator shall, within 3 hours of malfunction or failure of the continuous emission monitors to operate, notify the Administrator of such malfunction or failure and shall utilize such alternate monitoring methods as may be required by the Administrator during such period. Emission rate data gathered during such periods pursuant to the alternate methods required by the Administrator shall be used in the determination of compliance with the 30-day rolling average value and the 3-hour value.

TABLE 4a
TYPE OF FUEL	ALLOWABLE SO₂ EMISSION RATE⁽¹⁾ (lb/10⁶ Btu Heat Input)
TYPE OF FUEL	30-DAY ROLLING AVG.	MAXIMUM 3-HR AVG.
COAL	0.2	0.45
OIL	0.8	0.8

⁽¹⁾ Applicable to individual fuel burning equipment units with a heat input of 250 x 10⁶ Btu/hr or greater.

(c) The emission of sulfur dioxide (SO₂) from fuel-burning equipment, the construction of which commenced after January 1, 1974 and prior to January 1, 1985, shall be limited to the 30-day rolling average values shown in Table 4a, calculated on the basis of a 2-hour average.

Provided, however, that the owner or operator of any facility subject to the compliance provisions of this section may elect by written notice to the Administrator, to be subject to the compliance provisions of Chapter 3, Section 4(b) of these regulations. Thirty days after such notification, the emission limitations and compliance determination methods and provisions of Chapter 3, Section 4(b), in their entirety, shall become applicable and binding upon such facility.

(d) The emission of sulfur dioxide (SO₂) from fuel burning equipment, the construction of which commenced prior to January 1, 1974, shall be limited to the values shown in Table 4b, calculated on the basis of 2-hour averages or an equivalent method.

For the purpose of this section, operation of a continuous SO₂ emission monitoring system and the calculation of emission rates on the basis of 30-day rolling averages with a maximum 3-hour emission rate shown in Table 4c, when conducted in accordance with Chapter 3, Section 4(b) and Chapter 5, Section 2(j) of these regulations, is an equivalent method for determining compliance with the emission limitations specified in Table 4b. Upon written notice to the Administrator, the owner or operator of any facility that is subject to the compliance provisions of this section may elect the use of continuous emission monitoring systems with a 30-day averaging and maximum 3-hour emission rate as an equivalent method. Thirty days after such notification, the compliance determination method provision of Chapter 3, Section 4(b) shall become applicable and binding upon such facility.

TABLE 4b

ALLOWABLE SO₂ EMISSION RATE⁽²⁾

(lb/10⁶ Btu Heat Input)

FUEL

HEAT INPUT

BETWEEN

250x10⁶ BTU/HR &

2500x10⁶ BTU/HR

HEAT INPUT

BETWEEN

2500x10⁶ BTU/HR &

5000x10⁶ BTU/HR

HEAT INPUT

GREATER

THAN 5000x10⁶

BTU/HR

COAL

1.2

0.5

0.3

⁽²⁾ Applicable to individual fuel burning equipment units with the noted heat input values.

TABLE 4c ALLOWABLE SO₂ EMISSION RATE⁽³⁾ (lb/10⁶ Btu Heat Input)
FUEL	AVERAGING PERIOD	HEAT INPUT BETWEEN 250x10⁶ BTU/HR & 2500x10⁶ BTU/HR	HEAT INPUT BETWEEN 2500x10⁶ BTU/HR & 5000x10⁶ BTU/HR	HEAT INPUT GREATER THAN 5000x10⁶ BTU/HR
COAL	30-DAY ROLLING	1.2	0.5	0.3
COAL	3-HOUR FIXED⁽⁴⁾	1.2	1.2	0.65

⁽³⁾ Applicable to individual fuel burning equipment units with the noted heat input values.

⁽⁴⁾ Not to be exceeded more than once per year.

(e) For purposes of Chapter 3, Section 4(b), 4(c), and 4(d) of these regulations, the heat input shall be the aggregate heat content of all fuels whose products of combustions pass through a stack or stacks, or the heat input value used shall be the equipment manufacturer's or designer’s guaranteed maximum input, whichever is greater.

(f) For the purposes of Chapter 3, Section 4(b), 4(c), and 4(d) of these regulations where a two-hour average, or a 3-hour average will be used, the SO₂ emission rate shall be determined in accordance with Reference Method 6, Appendix A, 40 CFR part 60 or an equivalent method or in accordance with the compliance provisions of Chapter 3, Section 4(b), if the notification provisions of 4(c) and 4(d) are followed.

Section 5. Emission standards for carbon monoxide.

(a) The emission of carbon monoxide in stack gases from any stationary source shall be limited as may be necessary to prevent ambient standards described in Chapter 2, Section 5 from being exceeded. Measures considered appropriate for such control are:

(i) Treatment of the waste gas stream by installation and use of a direct flame afterburner or other means which will achieve the required reduction as approved by the Division.

Section 6. Emission standards for volatile organic compounds.

(a) The term “volatile organic compounds” (VOCs) is defined in 40 CFR § 51.100(s)(1). The definition as revised and published as of July 1, 20002005, not including any later amendments, is adopted by reference. A copy of the definition is available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division of Air Quality, 122 W. 25^th Street, Cheyenne, Wyoming 82002.

(b) VOC emissions shall be limited through the application of Best Available Control Technology (BACT) in accordance with Chapter 6, Section 2 of these regulations. Not withstanding the above, whenever acceptable control of VOC emissions from vapor blowdown, emergency relief systems, or VOC emissions generated from oil and gas production, storage, exploration, development, or processing operations is specified pursuant to these regulations as a flare, the flare shall not exceed a 20 percent opacity emission standard. If acceptable control of VOC emissions is specified as a smokeless flare, the definition given in subsection (i) of this section applies.

(i) For the purposes of this section, “smokeless flare” means a flare designed for and operated with no visible emissions except for periods not to exceed a total of 5 minutes during any 2 consecutive hours.

(ii) Each flare subject to Chapter 3, Section 6(b) must be equipped and operated with an automatic igniter or a continuous burning pilot which must be maintained in good working order.

Section 7. Emission standards for hydrogen sulfide.

(a) Any exit process gas stream containing hydrogen sulfide which is discharged to the atmosphere from any source shall be vented, incinerated, flared or otherwise disposed of in such a manner that ambient sulfur dioxide and hydrogen sulfide standards described in Chapter 2, Sections 4 and 7 are not exceeded.

Section 8. Emission standards of asbestos for demolition, renovation, manufacturing, spraying and fabricating.

(a) Applicability. The provisions of this section are applicable to those sources specified in paragraphs (g) through (n), (q), and (r).

(b) Definitions. All terms that are used in this section and are not defined below are given the same meaning as in Chapter 1, Section 3 of these regulations.

~~(i)~~ “Active waste disposal site” means any disposal site other than an inactive site.

~~(ii)~~ “Adequately wet” means sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet.

~~(iii)~~ “Asbestos” means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.

~~(iv)~~ “Asbestos-containing waste materials” means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this section. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing.

~~(v)~~ “Asbestos tailings” means any solid waste that contains asbestos and is a product of asbestos mining or milling operations.

~~(vi)~~ “Asbestos waste from control devices” means any waste material that contains asbestos and is collected by a pollution control device.

~~(vii)~~ “Category I nonfriable asbestos-containing material (ACM)” means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in ~~Appendix A, Subpart F, 40 CFR part 763, section 1~~ Appendix J to 29 CFR § 1910.1001, Polarized Light Microscopy of Asbestos.

~~(viii)~~ “Category II nonfriable ACM” means any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined using the methods specified in ~~Appendix A, Subpart F, 40 CFR part 763, section 1~~ Appendix J to 29 CFR § 1910.1001, Polarized Light Microscopy of Asbestos that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

~~(ix)~~ “Commercial asbestos” means any material containing asbestos that is extracted from ore and has value because of its asbestos content.

~~(x)~~ “Cutting” means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching.

~~(xi)~~ “Demolition” means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility.

~~(xii)~~ “Emergency renovation operation” means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment.

~~(xiii)~~ “Fabricating” means any processing (e.g., cutting, sawing, drilling) of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricating includes bonding, debonding, grinding, sawing, drilling, or other similar operations performed as part of fabricating.

~~(xiv)~~ “Facility” means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For the purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this section is not excluded, regardless of its current use or function.

~~(xv)~~ “Facility component” means any part of a facility including equipment.

~~(xvi)~~ “Friable asbestos material” means any material containing more than 1 percent asbestos as determined using the method specified in ~~Appendix A, Subpart F, 40 CFR part 763 section 1~~ Appendix J to 29 CFR § 1910.1001, Polarized Light Microscopy of Asbestos, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM.

~~(xvii)~~ “Fugitive source” means any source of emissions not controlled by an air pollution control device.

~~(xviii)~~ “Glove bag” means a sealed compartment with attached inner gloves used for the handling of asbestos-containing materials. Properly installed and used, glove bags provide a small work area enclosure typically used for small-scale asbestos stripping operations. Information on glove-bag installation, equipment and supplies, and work practices is contained in the Occupational Safety and Health Administration’s (OSHA’s) final rule on occupational exposure to asbestos (~~Appendix G to 29 CFR § 1926.58~~ 29 CFR § 1926.1101(g)(5)(ii)).

~~(xix)~~ “Grinding” means to reduce to powder or small fragments and includes mechanical chipping or drilling.

~~(xx)~~ “In poor condition” means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material.

~~(xxi)~~ “Inactive waste disposal site” means any disposal site or portion of it where additional asbestos-containing waste material has not been deposited within the past year.

~~(xxii)~~ “Installation” means any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control).

~~(xiii)~~ “Leak-tight” means that solids or liquids cannot escape or spill out. It also means dust-tight.

~~(xxiv)~~ “Malfunction” means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner so that emissions of asbestos are increased. Failures of equipment shall not be considered malfunctions if they are caused in any way by poor maintenance, careless operation, or any other preventable upset conditions, equipment breakdown, or process failure.

~~(xxv)~~ “Manufacturing” means the combining of commercial asbestos--or, in the case of woven friction products, the combining of textiles containing commercial asbestos--with any other material(s), including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing.

~~(xxvi)~~ “Natural barrier” means a natural object that effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier.

~~(xxvii)~~ “Nonfriable asbestos-containing material” means any material containing more than 1 percent asbestos as determined using the method specified in ~~Appendix A, Subpart F, 40 CFR part 763, section 1~~ Appendix J to 29 CFR § 1910.1001, Polarized Light Microscopy of Asbestos, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

~~(xxviii)~~ “Nonscheduled renovation operation” means a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted.

~~(xxix)~~ “Outside air” means the air outside buildings and structures, including, but not limited to, the air under a bridge or in an open air ferry dock.

~~(xxx)~~ “Owner or operator of a demolition or renovation activity” means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both.

~~(xxxi)~~ “Particulate asbestos material” means finely divided particles of asbestos or material containing asbestos.

~~(xxxii)~~ “Planned renovation operations” means a renovation operation, or a number of such operations, in which some RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience.

~~(xxxiii)~~ “Regulated asbestos-containing material (RACM)” means: (a) Friable asbestos material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subpart.

~~(xxxiv)~~ “Remove” means to take out RACM or facility components that contain or are covered with RACM from any facility.

~~(xxxv)~~ “Renovation” means altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions.

~~(xxxvi)~~ “Resilient floor covering” means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined using polarized light microscopy according to the method specified in ~~Appendix A, Subpart F, 40 CFR part 763, section 1~~ Appendix J to 29 CFR § 1910.1001, Polarized Light Microscopy of Asbestos.

~~(xxxvii)~~ “Strip” means to take off RACM from any part of a facility or facility components.

~~(xxxviii)~~ “Structural member” means any load supporting member of a facility, such as beams and load supporting walls; or any nonload-supporting member, such as ceilings and nonload-supporting walls.

~~(xxxix)~~ “Visible emissions” means any emissions, which are visually detectable without the aid of instruments, coming from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed, uncombined water vapor.

~~(xl)~~ “Waste generator” means any owner or operator of a source covered by this section whose act or process produces asbestos-containing waste material.

~~(xli)~~ “Waste shipment record” means the shipping document, required to be originated and signed by the waste generator, used to track and substantiate the disposal of asbestos-containing waste material.

~~(xlii)~~ “Working day” means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.

(c) Units and Abbreviations: Used in this section are abbreviations and symbols of units of measure. These are defined as follows:

(i) System International (SI) Units of Measure:

g = gram

kg = kilogram

m = meter

m² = square meter

m³ = cubic meter

(ii) Other Units of Measure:

C = Celsius (centigrade)

F = Fahrenheit

ft² = square feet

ft³ = cubic feet

yd² = square yards

min = minute

oz = ounces

(d) Address: All requests, reports, applications, submittals, and other communications to the Administrator pursuant to this section shall be submitted to the following address:

(i) Wyoming Department of Environmental Quality, Air Quality Division, 122 West 25^th Street, Cheyenne, Wyoming 82002.

(e) [Reserved] ~~Incorporation By Reference:~~ ~~The materials listed below are incorporated by reference in the sections noted. The materials are available for purchase at the following addresses:~~

~~(i)~~ ~~American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103; or University Microfilms International, 300 North Zeeb Road, Ann Arbor, Michigan 48106.~~

~~(A) ASTM D737-75, Standard Test Method for Air Permeability of Textile Fabrics, incorporation by reference for paragraph (o)(i)(A)(I) of this section.~~

(f) Circumvention: No owner or operator shall build, erect, install, or use any article, machine, equipment, process, or method, the use of which conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous dilutants to achieve compliance with a visible emissions standard, and the piecemeal carrying out of an operation to avoid coverage by a standard that applies only to operations larger than a specified size.

(g) Standard for Waste Disposal for Non-Facility Owners and Operators.

(i) All owners and operators conducting an asbestos abatement project, including an abatement project on a residential building, shall be responsible for complying with Federal requirements and State standards for packaging, transportation, and delivery to an approved waste disposal facility as provided in paragraph (m) of this section. A non-facility is any other facility not defined under the definition of “facility” including residential buildings having four or fewer dwelling units.

(h) Standard for Manufacturing.

(i) Applicability. This paragraph applies to the following manufacturing operations using commercial asbestos.

(A) The manufacture of cloth, cord, wicks, tubing, tape, twine, rope, thread, yarn, roving, lap, or other textile materials.

(B) The manufacture of cement products.

(D) The manufacture of friction products.

(E) The manufacture of paper, millboard, and felt.

(F) The manufacture of floor tile.

(G) The manufacture of paints, coatings, caulks, adhesives, and sealants.

(H) The manufacture of plastics and rubber materials.

(I) The manufacture of chlorine utilizing asbestos diaphragm technology.

(J) The manufacture of shotgun shell wads.

(K) The manufacture of asphalt concrete.

(ii) Standard. Each owner or operator of any of the manufacturing operations to which this paragraph applies shall either:

(A) Discharge no visible emissions to the outside air from these operations or from any building or structure in which they are conducted or from any fugitive sources; or

(B) Use the methods specified by paragraph (o) of this section to clean emissions containing asbestos material from these operations before they escape to, or are vented to, the outside air.

(C) Monitor each potential source of asbestos emissions from any part of the manufacturing facility, including air cleaning devices, process equipment, and buildings housing material processing and handling equipment, at least once each day during daylight hours for visible emissions to the outside air during periods of operation. The monitoring shall be by the visual observation of at least 15 seconds duration per source of emissions.

(D) Inspect each air cleaning device at least once each week for proper operation and for changes that signal potential for malfunctions, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submit to the Administrator, and revise as necessary, a written maintenance plan to include, at a minimum, the following:

(I) Maintenance schedule.

(II) Recordkeeping plan.

(E) Maintain records of the results of visible emission monitoring and air cleaning device inspections using a format similar to that shown in Figures 1 and 2 and include the following:

(I) Date and time of each inspection.

(II) Presence or absence of visible emissions.

(III) Condition of fabric filters, including presence of any tears, holes and abrasions.

Figure 1. Record of Visible Emission Monitoring

Date of Inspection (MM/DD/YY)	Time of Inspection (a.m./p.m.)	Control Device or fugitive emission source designation or number	Visible Emissions Observed (yes/no) Corrective Action taken	Daily Operating Hours	Inspector’s Initials

Figure 2. Air Pollution Control Device Inspection Checklist

1. Control Device Designation or Number:____________________________________________

2. Date of Inspection: __________ __________ __________ __________

3. Time of Inspection: __________ __________ __________ __________

4. Is Control Device

Operating Properly

(yes or no) __________ __________ __________ __________

5. Abrasions in bags

(yes or no) __________ __________ __________ __________

6. Dust on Clean Side

of bags (yes or no) __________ __________ __________ __________

7. Other Signs of

Malfunctions or

Potential Mal-

functions (yes or no) __________ __________ __________ __________

8. Describe Other Malfunctions or Signs of Potential Malfunctions:

___________________________________________________________________________________

9. Describe Corrective Action(s) Taken:

___________________________________________________________________________________

10. Date and Time

Corrective

Action Taken: __________ __________ __________ __________

11. Inspected By:

_______________ _______________ _______________ _______________

(Print/Type Name) (Title) (Signature) (Date)

_______________ _______________ _______________ _______________

(Print/Type Name) (Title) (Signature) (Date)

(IV) Presence of dust deposits on clean side of fabric filters.

(V) Brief description of corrective actions taken, including date and time.

(VI) Daily hours of operation for each air cleaning device.

(F) Furnish upon request, and make available at the affected facility during normal business hours for inspection by the Administrator, all records required under this paragraph.

(G) Retain a copy of all monitoring and inspection records for at least 2 years.

(H) Submit quarterly a copy of the visible emission monitoring records to the Administrator if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the 30^th day following the end of the calendar quarter.

(i) Standard for Demolition and Renovation.

(i) Applicability. To determine which requirements of paragraphs (i)(i), (i)(ii), and (i)(iii) apply to the owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation, thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM. The requirements of paragraphs (i)(ii) and (i)(iii) apply to each owner or operator of a demolition or renovation activity, including the removal of RACM as follows:

(A) In a facility being demolished, all the requirements of paragraphs (i)(ii) and (i)(iii) apply, except as provided in paragraph (i)(i)(C), if the combined amount of RACM is:

(I) At least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components, or

(II) At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously.

(B) In a facility being demolished, only the notification requirements of paragraphs (i)(ii)(A), (B), (C)(I) and (IV), and (D)(I) through (D)(IX) and (XVI) apply, if the combined amount of RACM is:

(I) Less than 80 linear meters (260 linear feet) on pipes and less than 15 square meters (160 square feet) on other facility components, and

(II) Less than one cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously or there is no asbestos.

(C) If the facility is being demolished under an order of a State or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, only the requirements of paragraphs (i)(ii)(A), (i)(ii)(B), (i)(ii)(C)(III), (i)(ii)(D) (except (i)(ii)(D)(VIII)), (i)(ii)(E), and (i)(iii)(D) through (i)(iii)(I) apply.

(D) In a facility being renovated, including any individual nonscheduled renovation operation, all the requirements of paragraphs (i)(ii) and (i)(iii) apply if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed is:

(I) At least 80 linear meters (260 linear feet) on pipe or at least 15 square meters (160 square feet) on other facility components, or

(II) At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously.

(III) To determine whether paragraph (i)(i)(D) applies to planned renovation operations involving individual nonscheduled operations, predict the combined additive amount of RACM to be removed or stripped during a calendar year or January 1 through December 31.

(IV) To determine whether paragraph (i)(i)(D) applies to emergency renovation operations, estimate the combined amount of RACM to be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation.

(E) In a facility being renovated, only the notification requirements of paragraphs (i)(ii)(A), (B), (C)(I) and (IV), and (D)(I) through (IX) and (XVI) apply, if the combined amount of RACM is:

(I) Less than 80 linear meters (260 linear feet) on pipes or less than 15 square meters (160 square feet) on other facility components, and

(II) Less than 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously or there is no asbestos.

(ii) Notification Requirements. Each owner or operator of a demolition or renovation activity to which this section applies shall:

(A) Provide the Administrator with written notice of intention to demolish or renovate. Delivery of the notice by U.S. Postal Service, commercial delivery service, or hand delivery is acceptable.

(B) Update notice, as necessary, including when the amount of asbestos affected changes by at least 20 percent.

(I) At least 10 working days before asbestos stripping or removal work or any other activity begins (such as site preparation that would break up, dislodge or similarly disturb asbestos material), if the operation is described in paragraphs (i)(i)(A) and (D) (except (i)(i)(D)(III) and (i)(i)(D)(IV)). If the operation is as described in paragraph (i)(i)(B), notification is required 10 working days before demolition begins.

(II) At least 10 working days before the end of the calendar year preceding the year for which notice is being given for renovations described in paragraph (i)(i)(D)(III).

(III) As early as possible before, but not later than, the following working day if the operation is a demolition ordered according to paragraph (i)(i)(C) or, if the operation is a renovation described in paragraph (i)(i)(D)(IV).

(IV) For asbestos stripping or removal work in a demolition or renovation operation, described in paragraphs (i)(i)(A) and (D) (except (i)(i)(D)(III) and (i)(i)(D)(IV)), and for a demolition described in paragraph (i)(i)(B), that will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Administrator as follows:

(1.) When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin after the date contained in the notice,

a. Notify the Administrator of the new start date by telephone as soon as possible before the original start date, and

b. Provide the Administrator with a written notice of the new start date as soon as possible before, and no later than, the original start date. Delivery of the updated notice by the U.S. Postal Service, commercial delivery service, or hand delivery is acceptable.

(2.) When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin on a date earlier than the original start date,

a. Provide the Administrator with a written notice of the new start date at least 10 working days before asbestos stripping or removal work begins.

b. For demolitions covered by paragraph (i)(i)(B), provide the Administrator written notice of a new start date at least 10 working days before commencement of demolition. Delivery of updated notice by U.S. Postal Service, commercial delivery service, or hand delivery is acceptable.

(3.) In no event shall an operation covered by this paragraph begin on a date other than the date contained in the written notice of the new start date.

(D) Include the following in the notice:

(I) An indication of whether the notice is the original or a revised notification.

(II) Name, address, and telephone number of both the facility owner and operator and the asbestos removal contractor owner or operator.

(III) Type of operation: demolition or renovation.

(IV) Description of the facility or affected part of the facility including the size (square meters [square feet] and number of floors), age, and present and prior use of the facility.

(V) Procedure, including analytical methods, employed to detect the presence of RACM and Category I and Category II nonfriable ACM.

(VI) Estimate of the approximate amount of RACM to be removed from the facility in terms of length of pipe in linear meters (linear feet), surface area in square meters (square feet) on other facility components, or volume in cubic meters (cubic feet) if off the facility components. Also estimate the approximate amount of Category I and Category II nonfriable ACM in the affected part of the facility that will not be removed before demolition.

(VII) Location and street address (including building number or name and floor or room number, if appropriate), city, county, and state, or the facility being demolished or renovated.

(VIII) Scheduled starting and completion dates of asbestos removal work (or any other activity, such as site preparation that would break up, dislodge, or similarly disturb asbestos material) in a demolition or renovation; planned renovation operations involving individual nonscheduled operations shall only include the beginning and ending dates of the report period as described in paragraph (i)(i)(D)(III).

(IX) Scheduled starting and completion dates of demolition or renovation.

(X) Description of planned demolition or renovation work to be performed and method(s) to be employed, including demolition or renovation techniques to be used and description of affected facility components.

(XI) Description of work practices and engineering controls to be used to comply with the requirements of this section, including asbestos removal and waste-handling emission control procedures.

(XII) Name and location of the waste disposal site where the asbestos-containing waste material will be deposited.

(XIII) A certification that the individuals supervising and performing the stripping and removal described by this notification have received the training required by paragraph (i)(iii)(H).

(XIV) For facilities described in paragraph (i)(i)(C), the name, title, and authority of the State or local government representative who has ordered the demolition, the date that the order was issued, and the date on which the demolition was ordered to begin. A copy of the order shall be attached to the notification.

(XV) For emergency renovations described in paragraph (b)(xii) of this section, the date and hour that the emergency occurred, a description of the sudden, unexpected event, and an explanation of how the event caused an unsafe condition, or would cause equipment damage or an unreasonable financial burden.

(XVI) Description of procedures to be followed in the event that unexpected RACM is found or Category II nonfriable ACM becomes crumbled, pulverized, or reduced to powder.

(XVII) Name, address, and telephone number of the waste transporter.

(E) The information required in paragraph (i)(ii)(D) must be reported using a form similar to that shown in Figure 3.

(iii) Procedures for Asbestos Emission Control. Each owner or operator of a demolition or renovation activity to whom this paragraph applies, according to paragraph (i)(i), shall comply with the following procedures:

(A) Remove all RACM from a facility being demolished or renovated before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal. RACM need not be removed before demolition if:

(I) It is Category I nonfriable ACM that is not in poor condition and is not friable.

(II) It is on a facility component that is encased in concrete or other similarly hard material and is adequately wet whenever exposed during demolition; or

(III) It was not accessible for testing and was, therefore, not discovered until after demolition began and, as a result of the demolition, the material cannot be safely removed. If not removed for safety reasons, the exposed RACM and any asbestos-contaminated debris must be treated as asbestos-containing waste material and adequately wet at all times until disposed of.

(IV) They are Category II nonfriable ACM and the probability is low that the materials will become crumbled, pulverized, or reduced to powder during demolition.

(B) When a facility component that contains, is covered with, or is coated with RACM is being taken out of the facility as a unit or in sections:

(I) Adequately wet all RACM exposed during cutting or disjointing operations; and

(II) Carefully lower each unit or section to the floor and to ground level, not dropping, throwing, sliding, or otherwise damaging or disturbing the RACM.

(C) When RACM is stripped from a facility component while it remains in place in the facility, adequately wet the RACM during the stripping operation.

(I) In renovation operations, wetting is not required if:

(1.) The owner or operator has obtained prior written approval from the Administrator based on a written application that wetting to comply with this paragraph would unavoidably damage equipment or present a safety hazard; and

Figure 3

STATE OF WYOMING

NOTIFICATION OF DEMOLITION AND RENOVATION

I. FACILITY DESCRIPTION (INCLUDE BUILDING NAME, NUMBER, AND FLOOR OR ROOM NUMBER)
BLDG NAME:
ADDRESS:
CITY:		STATE”		CONTACT:
SITE DESCRIPTION (type of material being removed)
II. FACILITY INFORMATION (IDENTIFY OWNER, REMOVAL CONTRACTOR, AND OTHER OPERATOR)
OWNER NAME:
ADDRESS:
CITY:		STATE:		ZIP:
CONTACT:					TEL:
REMOVAL CONTRACTOR:
ADDRESS:
CITY:		STATE:		ZIP:
CONTACT:					TEL:
OTHER OPERATOR:
ADDRESS:
CITY:		STATE:		ZIP:
CONTACT:					TEL:
BUILDING SIZE:		NUM OF FLOORS:		AGE IN YEARS:
PRESENT USE:		PRIOR USE:
III. TYPE OF OPERATION (D=DEMO O=ORDERED DEMO R=RENOVATION E=EMER. RENOVATION):
IV. IS ASBESTOS PRESENT? (YES/NO)
V. PROCEDURE, INCLUDING ANALYTICAL METHOD, IF APPROPRIATE, USED TO DETECT THE PRESENCE OF ASBESTOS MATERIAL:
VI. SCHEDULED DATES ASBESTOS REMOVAL (MM/DD/YY) START: COMPLETE:
VII. SCHEDULED DATES DEMO/RENOVATION (MM/DD/YY) START: COMPLETE:
VIII. SCHEDULED WORK HOURS: START: COMPLETE:
IX. APPROXIMATE AMOUNT OF ASBESTOS, INCLUDING: 1. REGULATED ACM TO BE REMOVED 2. CATEGORY I ACM NOT REMOVED 3. CATEGORY II ACM NOT REMOVED	RACM TO BE REMOVED	NONFRIABLE ASBESTOS MATERIAL TO BE REMOVED		NONFRIABLE ASBESTOS MATERIAL NOT TO BE REMOVED
	RACM TO BE REMOVED	CAT I	CAT II	CAT I	CAT II
PIPES
SURFACE AREA
VOL. RACM OFF FACILITY COMPONENT
X. DESCRIPTION OF PLANNED DEMOLITION OR RENOVATION WORK, AND METHOD(S) TO BE USED:
XI. DESCRIPTION OF WORK PRACTICES AND ENGINEERING CONTROLS TO BE USED TO PREVENT EMISSIONS OF ASBESTOS AT THE DEMOLITION AND RENOVATION SITE:

Figure 3. NOTIFICATION OF DEMOLITION AND RENOVATION (continued)

XII. TYPE OF NOTIFICATION (O=ORIGINAL R=REVISED C=CANCELLED):		WPR Notice?
XIII. WASTE TRANSPORTER #1
NAME:
ADDRESS:
CITY:	STATE:	ZIP:
CONTACT PERSON:		TELEPHONE:
WASTE TRANSPORTER #2
NAME:
ADDRESS:
CITY:	STATE:	ZIP:
CONTACT PERSON:		TELEPHONE:
XIV. WASTE DISPOSAL SITE
NAME:
LOCATION:
CITY:	STATE:	ZIP:
TELEPHONE:	CONTACT PERSON:
XV. IF DEMOLITION ORDERED BY A GOVERNMENT AGENCY, PLEASE IDENTIFY THE AGENCY BELOW:
NAME:	TITLE:
AUTHORITY:
DATE OF ORDER (MM/DD/YY):	DATE ORDERED TO BEGIN (MM/DD/YY):
XVI. FOR EMERGENCY RENOVATIONS
DATE AND HOUR OF EMERGENCY (MM/DD/YY):
DESCRIPTION OF THE SUDDEN, UNEXPECTED EVENT:
EXPLANATION OF HOW THE EVENT CAUSED UNSAFE CONDITIONS OR WOULD CAUSE EQUIPMENT DAMAGE OR AN UNREASONABLE FINANCIAL BURDEN:
XVII. DESCRIPTION OF PROCEDURES TO BE FOLLOWED IN THE EVENT THAT UNEXPECTED ASBESTOS IS FOUND OR PREVIOUSLY NONFRIABLE ASBESTOS MATERIAL BECOMES CRUMBLED, PULVERIZED, OR REDUCED TO POWDER.
XVIII. I CERTIFY THAT AN INDIVIDUAL TRAINED IN THE PROVISIONS OF THIS REGULATION (40 CFR PART 61, SUBPART M) WILL BE ON-SITE DURING THE DEMOLITION OR RENOVATION AND EVIDENCE THAT THE REQUIRED TRAINING HAS BEEN ACCOMPLISHED BY THIS PERSON WILL BE AVAILABLE FOR INSPECTION DURING NORMAL BUSINESS HOURS (REQUIRED 1 YEAR AFTER PROMULGATION). __________________________________________________ ____________________ (SIGNATURE OF OWNER/OPERATOR) (DATE)
XIX. I CERTIFY THAT THE ABOVE INFORMATION IS CORRECT. __________________________________________________ ____________________ (SIGNATURE OF OWNER/OPERATOR) (DATE)

(2.) The owner or operator uses one of the following emission control methods:

a. A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in paragraph (o).

b. A glove-bag system designed and operated to contain the particulate asbestos material produced by the stripping of the asbestos materials.

c. Leak-tight wrapping to contain all RACM prior to dismantlement.

(II) In renovation operations where wetting would result in equipment damage or a safety hazard, and the methods allowed in paragraph (i)(iii)(C)(I) cannot be used, another method may be used after obtaining written approval from the Administrator based upon a determination that it is equivalent to wetting in controlling emissions or to the methods allowed in paragraph (i)(iii)(C)(I).

(III) A copy of the Administrator’s written approval shall be kept at the worksite and made available for inspection.

(D) After a facility component covered with, coated with, or containing RACM has been taken out of the facility as a unit or in sections pursuant to paragraph (i)(iii)(B), it shall be stripped or contained in leak-tight wrapping, except as described in paragraph (i)(iii)(E). If stripped, either:

(I) Adequately wet the RACM during stripping; or

(II) Use a local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in paragraph (o).

(E) For large facility components such as reactor vessels, large tanks, and steam generators, but not beams (which must be handled in accordance with paragraphs (i)(iii)(B), (C), and (D)), the RACM is not required to be stripped if the following requirements are met:

(I) The component is removed, transported, stored, disposed of, or reused without disturbing or damaging the RACM.

(II) The component is encased in a leak-tight wrapping.

(III) The leak-tight wrapping is labeled according to paragraphs (m)(iv) during all loading and unloading operations and during storage.

(F) For all RACM, including material that has been removed or stripped:

(I) Adequately wet the material and ensure that it remains wet until collected and contained or treated in preparation for disposal in accordance with paragraph (m).

(II) Carefully lower the material to the ground and floor, not dropping, throwing, sliding, or otherwise damaging or disturbing the material.

(III) Transport the material to the ground via leak-tight chutes or containers if it has been removed or stripped more than 50 feet above ground level and was not removed as units or in sections.

(IV) RACM contained in leak-tight wrapping that has been removed in accordance with paragraphs (i)(iii)(D) and (i)(iii)(C)(I)(2.)c. need not be wetted.

(G) When the temperature at the point of wetting is below 0°C (32°F):

(I) The owner or operator need not comply with paragraph (i)(iii)(B)(I) and the wetting provisions of paragraph (i)(iii)(C).

(II) The owner or operator shall remove facility components containing, coated with, or covered with RACM as units or in sections to the maximum extent possible.

(III) During periods when wetting operations are suspended due to freezing temperatures, the owner or operator must record the temperature in the area containing the facility components at the beginning, middle, and end of each workday and keep daily temperature records available for inspection by the Administrator during normal business hours at the demolition or renovation site. The owner or operator shall retain the temperature records for at least 2 years.

(H) No RACM shall be stripped, removed, or otherwise handled or disturbed at a facility regulated by this section unless the individuals supervising and performing the operation have been trained in the provisions of this regulation and the means of complying with them. Asbestos School Hazard Abatement Reauthorization Act (ASHARA) training will be acceptable to meet this requirement. Every year, the individuals supervising and performing asbestos operations shall receive refresher training in the provisions of this regulation. The required training shall include as a minimum: applicability; notifications; material identification; control procedures for removals including, at least, wetting, local exhaust ventilation, negative pressure enclosures, glove-bag procedures, and High Efficiency Particulate Air (HEPA) filters; waste disposal work practices; reporting and recordkeeping; and asbestos hazards and worker protection. Evidence that the required training has been completed shall be posted and made available for inspection by the Administrator at the demolition or renovation site.

(I) For facilities described in paragraph (i)(i)(C), adequately wet the portion of the facility that contains RACM during the wrecking operation.

(J) If a facility is demolished by intentional burning, all RACM including Category I and Category II nonfriable ACM must be removed in accordance with the NESHAP before burning.

(j) Standard for Spraying.

The owner or operator of an operation in which asbestos-containing materials are spray applied shall comply with the following requirements:

(i) For spray-on application on buildings, structures, pipes, and conduits do not use material containing more than 1 percent asbestos as determined using the method specified in ~~Appendix A, Subpart F, 40 CFR part 763, section 1~~ Appendix J to 29 CFR § 1910.1001, Polarized Light Microscopy of Asbestos, except as provided in paragraph (j)(iii).

(ii) For spray-on application of materials that contain more than 1 percent asbestos as determined using the method specified in ~~Appendix A, Subpart F, 40 CFR part 763, section 1~~ Appendix J to 29 CFR § 1910.1001, Polarized Light Microscopy of Asbestos, on equipment and machinery, except as provided in paragraph (j)(iii):

(A) Notify the Administrator at least 20 days before beginning the spraying operation. Include the following information in the notice:

(I) Name and address of owner or operator.

(II) Location of spraying operation.

(III) Procedures to be followed to meet the requirements of paragraph (j).

(B) Discharge no visible emissions to the outside air from spray-on application of the asbestos-containing material or use the methods specified by paragraph (o) to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.

(iii) The requirements of paragraphs (j)(i) and (j)(ii) do not apply to the spray-on application of materials where the asbestos fibers in the materials are encapsulated with a bituminous or resinous binder during spraying and the materials are not friable after drying.

(k) Standard for Fabricating.

(i) Applicability. This section applies to the following fabrication operations using commercial asbestos:

(A) The fabrication of cement building products.

(B) The fabrication of friction products, except those operations that primarily install asbestos friction materials on motor vehicles.

(C) The fabrication of cement on silicate board for ventilation hoods; ovens; electrical panels; laboratory furniture, bulkheads, partitions, and ceilings for marine construction; and flow control devices for the molten metal industry.

(ii) Standard. Each owner or operator of any of the fabricating operations to which this section applies shall either:

(A) Discharge no visible emissions to the outside air from any of the operations or from any building or structure in which they are conducted or from any other fugitive sources; or

(B) Use the methods specified by paragraph (o) to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.

(C) Monitor each potential source of asbestos emissions from any part of the fabricating facility, including air cleaning devices, process equipment, and buildings that house equipment for material processing and handling, at least once a day, during daylight hours, for visible emissions to the outside air during periods of operation. The monitoring shall be by visual observation of at least 15 seconds duration per source of emission.

(D) Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunctions, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in the filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submit to the Administrator, and revise as necessary, a written maintenance plan to include, at a minimum, the following:

(I) Maintenance schedule.

(II) Recordkeeping plan.

(E) Maintain records of the results of visible emission monitoring and air cleaning device inspections using a format similar to that shown in Figures 1 and 2 and include the following:

(I) Date and time of each inspection.

(II) Presence or absence of visible emissions.

(III) Condition of fabric filters, including presence of any tears, holes, and abrasions.

(IV) Presence of dust deposits on clean side of fabric filters.

(V) Brief description of corrective actions taken, including date and time.

(VI) Daily hours of operation for each air cleaning device.

(F) Furnish upon request and make available at the affected facility during normal business hours for inspection by the Administrator, all records required under this paragraph.

(G) Retain a copy of all monitoring and inspection records for at least 2 years.

(l) Standard for Insulating Materials. No owner or operator of a facility may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied and friable after drying. The provisions of this paragraph do not apply to spray-applied insulating materials regulated under paragraph (j).

(m) Standard for Waste Disposal for Non-facilities, Manufacturing, Demolition, Renovation, Spraying, and Fabricating. Each owner or operator of any source covered under the provisions of paragraphs (g), (h), (i), (j), or (k) shall meet the requirements of the Solid Waste Division of the Wyoming Department of Environmental Quality or, at a minimum, the requirements of the following:

(i) Discharge no visible emissions to the outside air during the collection, processing (including incineration), packaging, or transporting of any asbestos-containing waste material generated by the source, or use one of the emission control and waste treatment methods specified in paragraphs (m)(i)(A) through (D).

(A) Adequately wet asbestos-containing waste material as follows:

(I) Mix control device asbestos waste to form a slurry; adequately wet other asbestos-containing waste material; and

(II) Discharge no visible emissions to the outside air from collection, mixing, wetting, and handling operations, or use the methods specified by paragraph (o) to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air; and

(III) After wetting, seal all asbestos-containing waste material in leak-tight containers while wet; or, for materials that will not fit into containers without additional breaking, put materials into leak-tight wrapping; and

(IV) Label the containers or wrapped materials specified in paragraph (m)(i)(A)(III) using warning labels specified by Occupational Safety and Health Standards of the Department of Labor, Occupational Safety and Health Administration (OSHA) under 29 CFR § 1910.1001(j)(2 4) or § ~~1926.58 (k)(2)(iii)~~ 1926.1101(k)(8). The labels shall be printed in letters of sufficient size and contrast so as to be readily visible and legible.

(V) For asbestos-containing waste material to be transported off the facility site, label containers or wrapped materials with the name of the waste generator and the location at which the waste was generated.

(B) Process asbestos-containing waste material into nonfriable forms as follows:

(I) Form all asbestos-containing waste material into nonfriable pellets or other shapes;

(II) Discharge no visible emissions to the outside air from collection and processing operations, including incineration, or use the method specified by paragraph (o) to clean emissions containing particulate asbestos materials before they escape to, or are vented to, the outside air.

(C) For facilities demolished where the RACM is not removed prior to demolition, adequately wet asbestos-containing waste material at all times after demolition and keep wet during handling and loading for transport to a disposal site. Asbestos-containing waste materials covered by this paragraph do not have to be sealed in leak-tight containers or wrapping but may be transported and disposed of in bulk.

(D) Use an alternative emission control and waste treatment method that has received prior written approval by the EPA Administrator. ~~To obtain approval for an alternative method, a written application must be submitted to the EPA Administrator demonstrating that the following criteria are met:~~

~~(I) The alternative method will control asbestos emissions equivalent to currently required methods.~~

~~(II) The suitability of the alternative method for the intended application.~~

~~(III) The alternative method will not violate other regulations.~~

~~(IV) The alternative method will not result in increased water pollution, land pollution, or occupational hazards.~~

(E) As applied to demolition and renovation, the requirements of paragraph (m)(i) do not apply to Category I and Category II nonfriable ACM waste that did not become crumbled, pulverized, or reduced to powder.

(ii) All asbestos-containing waste material shall be deposited as soon as is practical by the waste generator at:

(A) A waste disposal site operated in accordance with the provisions of paragraph (q), or

(B) An EPA-approved site that converts RACM and asbestos-containing waste material into nonasbestos (asbestos-free) material according to the provisions of paragraph (r).

(iii) Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of waste so that the signs are visible. The markings must:

(A) Be displayed in such a manner and location that a person can easily read the legend.

(B) Conform to the requirements for 51 cm X 36 cm (20 in X 14 in) upright format signs specified in 29 CFR § 1910.145(d)(4 2) and this paragraph; and

(C) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified below.

Legend

DANGER

ASBESTOS DUST HAZARD

CANCER AND LUNG DISEASE HAZARD

Authorized Personnel Only

Notation

2.5 cm (1 inch) Sans Serif, Gothic or Block

1.9 cm (3/4 inch) Sans Serif, Gothic or Block

14 Point Gothic

Spacing between any two lines must be at least equal to the height of the upper of the two lines.

(iv) For All Asbestos-Containing Waste Material Transported Off the Facility Site:

(A) Maintain waste shipment records, using a form similar to that shown in Figure 4, and include the following information:

(I) The name and telephone number of the disposal site operator.

(II) The name and physical site location of the disposal site.

(III) The date transported.

(IV) The name, address, and telephone number of the transporter(s).

GENERATOR
1. Work site name and mailing address	Owner's name	Owner's telephone no.
2. Operator's name and address		Operator's telephone no.
3. Waste disposal site (WDS) name, mailing address, and physical site location		WDS telephone no.
4. Name and address of responsible agency
5. Description of materials	6. Containers No. Type	7. Total quantity m³ (yd³)


8. Special handling instructions and additional information
9. OPERATOR'S CERTIFICATION: I hereby declare that the contents of this consignment are fully and accurately described above by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations.
Printed/typed name & title	Signature	Month Day Year
Transporter
10. Transporter 1 (Acknowledgment of receipt of materials)
Printed/typed name & title Address and telephone no.	Signature	Month Day Year
11. Transporter 2 (Acknowledgment of receipt of materials)
Printed/typed name & title Address and telephone no.	Signature	Month Day Year
Disposal Site
12. Discrepancy indication space
13. Waste disposal site owner or operator: Certification of receipt of asbestos materials covered by this manifest except as noted in item 12.
Printed/typed name & title	Signature	Month Day Year

Figure 4. Waste Shipment Record

(V) A certification that the contents of this consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and governmental regulations.

(B) Provide a copy of the waste shipment record, described in paragraph (m)(iv)(A), to the disposal site owners or operators at the same time as the asbestos-containing waste material is delivered to the disposal site.

(C) For waste shipments where a copy of the waste shipment record, signed by the owner or operator of the designated disposal site, is not received by the waste generator within 35 days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the designated disposal site to determine the status of the waste shipment.

(D) Report in writing to the Wyoming Department of Environmental Quality, Air Quality Division, if a copy of the waste shipment record, signed by the owner or operator of the designated waste disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. Include in the report the following information:

(I) A copy of the waste shipment record for which a confirmation of delivery was not received, and

(II) A cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts.

(E) Retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least 2 years.

(v) Furnish upon request, and make available for inspection by the Administrator, all records required under this section.

(n) Standard for Inactive Waste Disposal Sites for Manufacturing and Fabricating Operations. Each owner or operator of any inactive waste disposal site that was operated by sources covered under paragraphs (h) or (k) and received deposits of asbestos-containing waste material generated by the sources, shall meet the requirements of the Solid Waste Division of the Wyoming Department of Environmental Quality or at a minimum:

(i) Comply With One of the Following:

(A) Either discharge no visible emissions to the outside air from an inactive waste disposal site subject to the paragraph; or

(B) Cover the asbestos-containing waste material with at least 15 centimeters (6 inches) of compacted nonasbestos-containing material, and grow and maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste material. In desert areas where vegetation would be difficult to maintain, at least 8 additional centimeters (3 inches) of well-graded, nonasbestos crushed rock may be placed on top of the final cover instead of vegetation and maintained to prevent emissions; or

(C) Cover the asbestos-containing waste material with at least 60 centimeters (2 feet) of compacted nonasbestos-containing material, and maintain it to prevent exposure of the asbestos-containing waste; or

(D) For inactive waste disposal sites for asbestos tailings, a resinous or petroleum-based dust suppression agent that effectively binds dust to control surface air emissions may be used instead of the methods in paragraphs (n)(i)(A), (B), and (C). Use the agent in the manner and frequency recommended for the particular asbestos tailings by the manufacturer of the dust suppression agent to achieve and maintain dust control. Obtain prior written approval of the Administrator to use other equally effective dust suppression agents. For purposes of this paragraph, any used, spent, or other waste oil is not considered a dust suppression agent.

(ii) Unless a natural barrier adequately deters access by the general public, install and maintain warning signs and fencing as follows, or comply with paragraph (n)(i)(B) or (n)(i)(C).

(A) Display warning signs at all entrances and at intervals of 100 m (328 feet) or less along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material was deposited. The warning signs must:

(I) Be posted in such a manner and location that a person can easily read the legend;

(II) Conform to the requirements of 51 cm x 36 cm (20” x 14”) upright format signs specified in 29 CFR § 1910.145(d)(4) and this paragraph; and

(III) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph.

Legend

ASBESTOS WASTE DISPOSAL SITE

DO NOT CREATE DUST

Breathing Asbestos is Hazardous to Your Health

Notation

2.5 cm (1 inch) Sans Serif, Gothic or Block

1.9 cm (3/4 inch) Sans Serif, Gothic or Block

14 point Gothic

Spacing between any two lines must be at least equal to the height of the upper of the two lines.

(B) Fence the perimeter of the site in a manner adequate to deter access by the general public.

(C) When requesting a determination on whether a natural barrier adequately deters public access, supply information enabling the Administrator to determine whether a fence or a natural barrier adequately deters access by the general public.

(iii) The owner or operator may use an alternative control method that has received prior approval of the EPA Administrator rather than comply with the requirements of paragraph (n)(i) or (n)(ii).

(iv) Notify the Administrator in writing at least 45 days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site under this section, and follow the procedures specified in the notification. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Administrator at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice:

(A) Scheduled starting and completion dates.

(B) Reason for disturbing the waste.

(C) Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the Administrator may require changes in the emission control procedures to be used.

(D) Location of any temporary storage site and the final disposal site.

(v) Within 60 days of a site becoming inactive and after the effective date of this subpart, record, in accordance with State law, a notation on the deed to the facility property and on any other instrument that would normally be examined during a title search; this notation will in perpetuity notify any potential purchaser of the property that:

(A) The land has been used for the disposal of asbestos-containing waste material;

(B) The survey plot and record of the location and quantity of asbestos-containing waste disposed of within the disposal site required in paragraph (q)(vi) have been filed with the Administrator; and

(C) The site is subject to Chapter 3, Section 8 of the Wyoming Air Quality Standards and Regulations and to 40 CFR part 61, Subpart M.

(o) Air Cleaning.

(i) The owner or operator who uses air cleaning, as specified in paragraphs (h)(ii)(B), (i)(iii)(C)(I)(2.)a., (i)(iii)(D)(II), (j)(ii)(B), (k)(ii)(B), (m)(i)(A)(II), (m)(i)(B)(II) and (r)(v) shall:

(A) Use fabric filter collection devices, except as noted in paragraph (o)(ii), doing all of the following:

(I) Ensuring that the airflow permeability, as determined by ASTM Method ~~D737-75~~ D737-04 Test Method for Air Permeability of Textile Fabrics, does not exceed 9 m³/min/m² (30 ft³/min/ft²) for woven fabrics or 11 m³/min/m² (35 ft³/min/ft²) for felted fabrics, except that 12 m³/min/m² (40 ft³/min/ft²) for woven and 14 m³/min/m² (45 ft³/min/ft²) for felted fabrics is allowed for filtering air from asbestos ore dryers;

(II) Ensuring that felted fabric weighs at least 475 grams per square meter (14 ounces per square yard) and is at least 1.6 millimeters (one-sixteenth inch) thick throughout; and

(III) Avoiding the use of synthetic fabrics that contain fill yarn other than that which is spun.

(B) Properly install, use, operate, and maintain all air-cleaning equipment authorized by this paragraph. Bypass devices may be used only during upset or emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material.

(ii) There are the following exceptions to paragraph (o)(i)(A):

(A) After January 10, 1989, if the use of fabric creates a fire or explosion hazard, or the Administrator determines that a fabric filter is not feasible, the Administrator may authorize as a substitute the use of wet collectors designed to operate with a unit contacting energy of at least 9.95 kilopascals (40 inches water gage pressure).

(B) Use a HEPA filter that is certified to be at least 99.97 percent efficient for 0.3 micron particles.

(C) The EPA Administrator may authorize the use of filtering equipment other than described in paragraphs (o)(i)(A) and (o)(ii)(A) and (B) if the owner or operator demonstrates to the EPA Administrator’s satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material.

(p) Reporting.

(i) Any new source to which this section applies (with the exception of sources subject to paragraphs (i), (j), and (l)), which has an initial startup date preceding the effective date of this revision, shall provide the following information to the Administrator postmarked or delivered within 90 days of the effective date. In the case of a new source that does not have an initial startup date preceding the effective date, the information shall be provided, postmarked or delivered, within 90 days of the initial startup date. Any owner or operator of an existing source shall provide the following information to the Administrator within 90 days of the effective date of this subpart unless the owner or operator of the existing source has previously provided this information to the Administrator. Any changes in the information provided by any existing source shall be provided to the Administrator, postmarked or delivered, within 30 days after the change.

(A) A description of the emission control equipment used for each process; and

(I) If the fabric device uses a woven fabric, the airflow permeability in m³/min/m² and; if the fabric is synthetic, whether the fill yarn is spun or not spun; and

(II) If the fabric filter device uses a felted fabric, the density in g/m², the minimum thickness in inches and the airflow permeability in m³/min/m².

(B) If a fabric filter device is used to control emissions,

(I) The airflow permeability in m³/min/m² (ft³/min/ft²) if the fabric filter device uses a woven fabric, and, if the fabric is synthetic, whether the fill yarn is spun or not spun; and

(II) If the fabric filter device uses a felted fabric, the density in g/m² (oz/yd²), the minimum thickness in millimeters (inches), and the airflow permeability in m³/min/m² (ft³/min/ft²).

(D) For sources subject to paragraph (m):

(I) A brief description of each process that generates asbestos-containing waste material;

(II) The average volume of asbestos-containing waste material disposed of measured in m³/day (yd³/day);

(III) The emission control methods used in all stages of waste disposal; and

(IV) The type of disposal site or incineration site used for ultimate disposal, the name of the site operator, and the name and location of the disposal site.

(E) For sources subject to paragraphs (n) and (q):

(I) A brief description of the site; and

(II) The method or methods used to comply with the standard, or alternate procedures to be used.

(ii) The information required by paragraph (p)(i) must accompany the information required by 40 CFR part 61, Subpart A, § 61.10. Active waste disposal sites subject to paragraph (q) shall also comply with this provision. Demolition and renovation, spraying, and insulating materials are exempted from the requirements of 40 CFR § 61.10(a). The information described in this paragraph must be reported using the format of Appendix A of CFR 40 part 61 as a guide.

(q) Standard for Active Waste Disposal Sites. Each owner or operator of an active waste disposal site that receives asbestos-containing waste material from a source covered under paragraphs (m) or (r) shall meet the requirements of the Solid Waste Division of the Wyoming Department of Environmental Quality, or at a minimum the following:

(i) Either there must be no visible emissions to the outside air from any active waste disposal site where asbestos-containing waste material has been deposited, or the requirements of paragraph (q)(iii) or (q)(iv) must be met.

(ii) Unless a natural barrier adequately deters access by the general public, either warning signs and fencing must be installed and maintained as follows, or the requirements of paragraph (q)(iii)(A) must be met.

(A) Warning signs must be displayed at all entrances and at intervals of 100 m (330 ft) or less along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material is deposited. The warning signs must:

(I) Be posted in such a manner and location that a person can easily read the legend;

(II) Conform to the requirements of 51 cm x 36 cm (20” x 14”) upright format signs specified in 29 CFR § 1910.145(d)(4) and this paragraph; and

(III) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified below.

Legend

ASBESTOS WASTE DISPOSAL SITE

DO NOT CREATE DUST

Breathing Asbestos is Hazardous to Your Health

Notation

2.5 cm (1 inch) Sans Serif, Gothic or Block

1.9 cm (3/4 inch) Sans Serif, Gothic or Block

14 point Gothic

Spacing between any two lines must be at least equal to the height of the upper of the two lines.

(B) The perimeter of the disposal site must be fenced in a manner adequate to deter access by the general public.

(C) Upon request and supply of appropriate information, the Administrator will determine whether a fence or a natural barrier adequately deters access by the general public.

(iii) Rather than meet the no visible emission requirement of paragraph (q)(i), at the end of each operating day, or at least once every 24-hour period while the site is in continuous operation, the asbestos-containing waste material that has been deposited at the site during the operating day or previous 24-hour period shall:

(A) Be covered with at least 15 centimeters (6 inches) of compacted nonasbestos-containing material, or

(B) Be covered with a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. Such an agent shall be used in the manner and frequency recommended for the particular dust by the dust suppression agent manufacturer to achieve and maintain dust control. Other equally effective dust suppression agents may be used upon prior approval by the Administrator. For purposes of this paragraph, any used, spent, or other waste oil is not considered a dust suppression agent.

(iv) Rather than meet the no visible emission requirement of paragraph (q)(i), use an alternative emissions control method that has received prior written approval by the EPA Administrator ~~according to the procedures described in paragraph (m)(i)(D)~~.

(v) For all asbestos-containing waste material received, the owner or operator of the active waste disposal site shall:

(A) Maintain waste shipment records, using a form similar to that shown in Figure 4, and include the following information:

(I) The name, address, and telephone number of the waste generator.

(II) The name, address, and telephone number of the transporter(s).

(III) The quantity of the asbestos-containing waste material in cubic meters (cubic yards).

(IV) The presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers.

(V) The date of the receipt.

(B) Upon discovering the presence of a significant amount of improperly enclosed or uncovered waste, report in writing by the following working day to the local, State, or EPA Regional office responsible for administering the asbestos NESHAP program for the waste generator (identified in the waste shipment record), and, if that office is outside the State of Wyoming, also report in writing by the following working day to the Wyoming Department of Environmental Quality, Air Quality Division. Submit a copy of the waste shipment record along with the report.

(C) As soon as possible and no longer than 30 days after receipt of the waste, send a copy of the signed waste shipment record to the waste generator.

(D) Upon discovering a discrepancy between the quantity of waste designated on the waste shipment records and the quantity actually received, attempt to reconcile the discrepancy with the waste generator. If the discrepancy is not resolved within 15 days after receiving the waste, immediately report in writing to the local, State, or EPA Regional office responsible for administering the asbestos NESHAP program for the waste generator (identified in the waste shipment record), and, if that office is outside the State of Wyoming, also report in writing to the Wyoming Department of Environmental Quality, Air Quality Division. Describe the discrepancy and attempts to reconcile it, and submit a copy of the waste shipment record along with the report.

(E) Retain a copy of all records and reports required by this paragraph for at least 2 years.

(vi) Maintain, until closure, records of the location, depth and area, and quantity in cubic meters (cubic yards) of asbestos-containing waste material within the disposal site on a map or diagram of the disposal area.

(vii) Upon closure, comply with all the provisions of paragraph (n).

(viii) Submit to the Administrator, upon closure of the facility, a copy of records of asbestos waste disposal locations and quantities.

(ix) Furnish upon request, and make available during normal business hours for inspection by the Administrator, all records required under this paragraph.

(x) Notify the Administrator in writing at least 45 days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site and is covered. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date must be provided at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice.

(A) Scheduled starting and completion dates.

(B) Reason for disturbing the waste.

(D) Location of any temporary storage site and the final disposal site.

(r) Standard for Operations That Convert Asbestos-Containing Waste Material Into Nonasbestos (Asbestos-Free) Material. Each owner or operator of an operation that converts RACM and asbestos-containing waste material into nonasbestos (asbestos-free) material shall:

(i) Obtain the prior written approval of the EPA Administrator to construct the facility. To obtain approval, the owner or operator shall provide the EPA Administrator with the following information:

(A) Application to construct pursuant to 40 CFR § 61.07.

(B) In addition to the information requirements of 40 CFR § 61.07(b)(3), a

(I) Description of waste feed handling and temporary storage.

(II) Description of process operating conditions.

(III) Description of the handling and temporary storage of the end product.

(IV) Description of the protocol to be followed when analyzing output materials by transmission electron microscopy.

(D) The EPA Administrator may require that a demonstration of the process be performed prior to approval of the application to construct.

(ii) Conduct a Start-up Performance Test. Test Results Shall Include:

(A) A detailed description of the types and quantities of nonasbestos material, RACM, and asbestos-containing waste material processed, e.g., asbestos cement products, friable asbestos insulation, plaster, wood, plastic, wire, etc. Test feed is to include the full range of materials that will be encountered in actual operation of the process.

(B) Results of analyses, using polarized light microscopy, that document the asbestos content of the wastes processed.

(C) Results of analyses, using transmission electron microscopy, that document that the output materials are free of asbestos. Samples for analysis are to be collected as 8-hour composite samples (one 200-gram (7-ounce) sample per hour), beginning with the initial introduction of RACM or asbestos-containing waste material and continuing until the end of the performance test.

(D) A description of operation parameters, such as temperature and residence time, defining the full range over which the process is expected to operate to produce nonasbestos (asbestos-free) materials. Specify the limits for each operating parameter within which the process will produce nonasbestos (asbestos-free) materials.

(E) The length of the test.

(iii) During the initial 90 days of operation,

(A) Continuously monitor and log the operating parameters identified during start-up performance tests that are intended to ensure the production of nonasbestos (asbestos-free) output material.

(B) Monitor input materials to ensure that they are consistent with the test feed materials described during start-up performance tests in paragraph (r)(ii)(A).

(C) Collect and analyze samples, taken as 10-day composite samples (one 200-gram (7-ounce) sample collected every 8 hours of operation) of all output material for the presence of asbestos. Composite samples may be for fewer than 10 days. Transmission electron microscopy (TEM) shall be used to analyze the output material for the presence of asbestos. During the initial 90-day period, all output materials must be stored on-site until analysis shows the material to be asbestos-free or disposed of as asbestos-containing waste material according to paragraph (m).

(iv) After the initial 90 days of operation,

(A) Continuously monitor and record the operating parameters identified during start-up performance testing and any subsequent performance testing. Any output produced during a period of deviation from the range of operating conditions established to ensure the production of nonasbestos (asbestos-free) output materials shall be:

(I) Disposed of as asbestos-containing waste material according to paragraph (m), or

(II) Recycled as waste feed during process operation within the established range of operation conditions, or

(III) Stored temporarily on-site in a leak-tight container until analyzed for asbestos content. Any product material that is not asbestos-free shall be either disposed of as asbestos-containing waste material or recycled as waste feed to the process.

(B) Collect and analyze monthly composite samples (one 200-gram (7-ounce) sample collected every 8 hours of operation) of the output material. Transmission electron microscopy shall be used to analyze the output material for the presence of asbestos.

(v) Discharge no visible emissions to the outside air from any part of the operation, or use the methods specified in paragraph (o) to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.

(vi) Maintain Records On-site and Include the Following Information:

(A) Results of start-up performance testing and all subsequent performance testing, including operating parameters, feed characteristic, and analyses of output materials.

(B) Results of the composite analyses required during the initial 90 days of operation under paragraph (r)(iii).

(D) Results of continuous monitoring and logs of process operating parameters required under paragraph (r)(iii) and (iv).

(E) The information on waste shipments received as required in paragraph (q).

(F) For output materials where no analyses were performed to determine the presence of asbestos, record the name and location of the purchaser or disposal site to which the output materials were sold or deposited, and the date of sale or disposal.

(G) Retain records required by paragraph (r)(vi) for at least 2 years.

(vii) Submit the Following Reports to the Administrator:

(A) A report for each analysis of product composite samples performed during the initial 90 days of operation.

(B) A quarterly report, including the following information concerning activities during each consecutive 3-month period:

(I) Results of analyses of monthly product composite samples.

(II) A description of any deviation from the operating parameters established during performance testing, the duration of the deviation, and steps taken to correct the deviation.

(III) Disposition of any product produced during a period of deviation, including whether it was recycled, disposed of as asbestos-containing waste material, or stored temporarily on-site until analyzed for asbestos content.

(IV) The information on waste disposal activities as required in paragraph (q).

(viii) Nonasbestos (asbestos-free) output material is not subject to any of the provisions of this section. Output materials in which asbestos is detected, or output materials produced when the operating parameters deviated from those established during the start-up performance testing, unless shown by TEM analysis to be asbestos-free, shall be considered to be asbestos-containing waste and shall be handled and disposed of according to paragraphs (m) and (q) or reprocessed while all of the established operating parameters are being met.

Section 9. Incorporation by reference.

(a) Code of Federal Regulations (CFR). All Code of Federal Regulations (CFR), including their Appendices, cited in this Chapter, revised and published as of July 1, 2006, not including any later amendments, are incorporated by reference. Copies of the Code of Federal Regulations are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division of Air Quality, 122 W. 25^th Street, Cheyenne, Wyoming 82002. Copies of the CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214.

(b) American Society for Testing and Materials (ASTM). All ASTM standards cited in this Chapter, revised and published as of July 1, 2006, not including any later amendments, are incorporated by reference. Copies of the ASTM standards are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division of Air Quality, 122 W. 25^th Street, Cheyenne, Wyoming 82002. Copies can also be obtained at cost from the American Society for Testing and Materials, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959.

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

CHAPTER 5

NATIONAL EMISSION STANDARDS

Section 1. Introduction to national emission standards .......................................... 5-1

Section 2. New source performance standards ........................................................ 5-1

Section 3. National emission standards for hazardous air pollutants.................... 5-38

Section 4. Incorporation by reference.................................................................. 5-125

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

CHAPTER 5

NATIONAL EMISSION STANDARDS

Section 1. Introduction to national emission standards.

(a) This Chapter incorporates emission control regulations developed by the Environmental Protection Agency for specific source categories. The State of Wyoming, Air Quality Division adopts these Federal Regulations in order to maintain administrative authority with regards to the standards. Section 2 contains New Source Performance Standards (NSPS) which regulate criteria pollutant emissions from specific categories of new sources. Section 3 contains National Emission Standards for Hazardous Air Pollutants (NESHAP) which regulates hazardous air pollutant emissions from specific categories of new and existing sources. Section 4 incorporates by reference all Code of Federal Regulations (CFRs), including their Appendices, cited in this Chapter and all American Society for Testing and Materials (ASTM) standards cited in this Chapter.

Section 2. New source performance standards.

(a) General: The U.S. Environmental Protection Agency regulations on Standards of Performance for New Stationary Sources, designated in Chapter 5, Section 2(b) and as amended by the word or phrase “substitutions” given in Chapter 5, Section 2(c), are incorporated into these regulations. The specific documents containing the complete text of the regulations are found in 40 CFR part 60 ~~, as revised and published as of July 1, 2004 2005~~. The specific documents containing the complete text of the reference test and monitoring methods, performance specifications for continuous monitors, procedures for determination of emission rate change, specifications for emission inventory information requirements, quality assurance requirements for CEM’s, and labeling guidance to manufacturers of new residential wood heaters are found in 40 CFR part 60, Appendices A, B, C, D, F, and I respectively, as revised and published as of July 1, 2004 2005.

(b) Designated Standards of Performance: The following Standards of Performance are incorporated by reference under Section 4(a) of this Chapter., as revised and published as of July 1, 2004 2005, not including any later amendments, are adopted by reference. Copies of Standards of Performance are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division of Air Quality, 122 W. 25^th Street, Cheyenne, Wyoming 82002.

40 CFR part 60, Subpart D - Standards of Performance for Fossil-Fuel-

Fired Steam Generators for Which

Construction is Commenced After August

17, 1971

40 CFR part 60, Subpart Da - Standards of Performance for Electric

Utility Steam Generating Units for Which

Construction is Commenced After

September 18, 1978

40 CFR part 60, Subpart Db - Standards of performance for Industrial-

Commercial-Institutional Steam Generating

Units

40 CFR part 60, Subpart Dc - Standards of Performance for Small

Industrial-Commercial-Institutional Steam

Generating Units

40 CFR part 60, Subpart E - Standards of Performance for Incinerators

40 CFR part 60, Subpart Ea - Standards of Performance for Municipal

Waste Combustors for Which Construction

is Commenced After December 20, 1989

and on or Before September 20, 1994

40 CFR part 60, Subpart Eb - Standards of Performance for Large

Municipal Waste Combustors for Which

Construction is Commenced After

September 20, 1994 or for Which

Modification or Reconstruction is

Commenced After June 19, 1996

40 CFR part 60, Subpart Ec - Standards of Performance for

Hospital/Medical/Infectious Waste

Incinerators for Which Construction is

Commenced After June 20, 1996

40 CFR part 60, Subpart F - Standards of Performance for Portland

Cement Plants

40 CFR part 60, Subpart G - Standards of Performance for Nitric Acid

Plants

40 CFR part 60, Subpart H - Standards of Performance for Sulfuric Acid

Plants

40 CFR part 60, Subpart I - Standards of Performance for Hot Mix

Asphalt Facilities

40 CFR part 60, Subpart J - Standards of Performance for Petroleum

Refineries

40 CFR part 60, Subpart K - Standards of Performance for Storage

Vessels for Petroleum Liquids for Which

Construction, Reconstruction, or

Modification Commenced After

June 11, 1973, and Prior to May 19, 1978

40 CFR part 60, Subpart Ka - Standards of Performance for Storage

Vessels for Petroleum Liquids for Which

Construction, Reconstruction, or

Modification Commenced After

May 18, 1978, and Prior to July 23, 1984

40 CFR part 60, Subpart Kb - Standards of Performance for Volatile

Organic Liquid Storage Vessels (Including

Petroleum Liquid Storage Vessels) for

Which Construction, Reconstruction, or

Modification Commenced After July 23,

1984

40 CFR part 60, Subpart L - Standards of Performance for Secondary

Lead Smelters

40 CFR part 60, Subpart M - Standards of Performance for Secondary

Brass and Bronze Production Plants

40 CFR part 60, Subpart N - Standards of Performance for Primary

Emissions from Basic Oxygen Process

Furnaces for Which Construction is

Commenced After June 11, 1973

40 CFR part 60, Subpart Na - Standards of Performance for Secondary

Emissions from Basic Oxygen Process

Steelmaking Facilities for Which

Construction is Commenced After January

20, 1983

40 CFR part 60, Subpart O - Standards of Performance for Sewage

Treatment Plants

40 CFR part 60, Subpart P - Standards of Performance for Primary

Copper Smelters

40 CFR part 60, Subpart Q - Standards of Performance for Primary Zinc

Smelters

40 CFR part 60, Subpart R - Standards of Performance for Primary Lead

Smelters

40 CFR part 60, Subpart S - Standards of Performance for Primary

Aluminum Reduction Plants

40 CFR part 60, Subpart T - Standards of Performance for the Phosphate

Fertilizer Industry: Wet-Process Phosphoric

Acid Plants

40 CFR part 60, Subpart U - Standards of Performance for the Phosphate

Fertilizer Industry: Superphosphoric Acid

Plants

40 CFR part 60, Subpart V - Standards of Performance for the Phosphate

Fertilizer Industry: Diammonium Phosphate

Plants

40 CFR part 60, Subpart W - Standards of Performance for the Phosphate

Fertilizer Industry: Triple Superphosphate

Plants

40 CFR part 60, Subpart X - Standards of Performance for the Phosphate

Fertilizer Industry: Granular Triple

Superphosphate Storage Facilities

40 CFR part 60, Subpart Y - Standards of Performance for Coal

Preparation Plants

40 CFR part 60, Subpart Z - Standards of Performance for Ferroalloy

Production Facilities

40 CFR part 60, Subpart AA - Standards of Performance for Steel Plants:

Electric Arc Furnaces Constructed After

October 21, 1974 and on or Before August

17, 1983

40 CFR part 60, Subpart AAa - Standards of Performance for Steel Plants:

Electric Arc Furnaces and Argon-Oxygen

Decarburization Vessels Constructed After

August 17, 1983

40 CFR part 60, Subpart BB - Standards of Performance for Kraft Pulp

Mills

40 CFR part 60, Subpart CC - Standards of Performance for Glass

Manufacturing Plants

40 CFR part 60, Subpart DD - Standards of Performance for Grain

Elevators

40 CFR part 60, Subpart EE - Standards of Performance for Surface

Coating of Metal Furniture

40 CFR part 60, Subpart GG - Standards of Performance for Stationary Gas

Turbines

The following revision to Standards of Performance for New Stationary Sources is adopted by reference from the Federal Register, as published by the National Archives and Records Administration. The Federal Register publishing date, volume and page are noted below:

~~July 8, 2004~~ ~~40 CFR part 60 -~~ ~~Standards of Performance for~~

~~Vol. 69, P. 41346~~ ~~Subpart GG~~ ~~Stationary Gas Turbines~~

40 CFR part 60, Subpart HH - Standards of Performance for Lime

Manufacturing Plants

40 CFR part 60, Subpart KK - Standards of Performance for Lead-Acid

Battery Manufacturing Plants

40 CFR part 60, Subpart LL - Standards of Performance for Metallic

Mineral Processing Plants

40 CFR part 60, Subpart MM - Standards of Performance for Automobile

and Light-Duty Truck Surface Coating

Operations

40 CFR part 60, Subpart NN - Standards of Performance for Phosphate

Rock Plants

40 CFR part 60, Subpart PP - Standards of Performance for Ammonium

Sulfate Manufacture

40 CFR part 60, Subpart QQ - Standards of Performance for the Graphic

Arts Industry: Publication Rotogravure

Printing

40 CFR part 60, Subpart RR - Standards of Performance for Pressure

Sensitive Tape and Label Surface Coating

Operations

40 CFR part 60, Subpart SS - Standards of Performance for Industrial

Surface Coating: Large Appliances

40 CFR part 60, Subpart TT - Standards of Performance for Metal Coil

Surface Coating

40 CFR part 60, Subpart UU - Standards of Performance for Asphalt

Processing and Asphalt Roofing

Manufacture

40 CFR part 60, Subpart VV - Standards of Performance for Equipment

Leaks of VOC in the Synthetic Organic

Chemicals Manufacturing Industry

40 CFR part 60, Subpart WW - Standards of Performance for the Beverage

Can Surface Coating Industry

40 CFR part 60, Subpart XX - Standards of Performance for Bulk Gasoline

Terminals

40 CFR part 60, Subpart AAA - Standards of Performance for New

Residential Wood Heaters

40 CFR part 60, Subpart BBB - Standards of Performance for the Rubber

Tire Manufacturing Industry

40 CFR part 60, Subpart DDD - Standards of Performance for Volatile

Organic Compound (VOC) Emissions from

the Polymer Manufacturing Industry

40 CFR part 60, Subpart FFF - Standards of Performance for Flexible Vinyl

and Urethane Coating and Printing

40 CFR part 60, Subpart GGG - Standards of Performance for Equipment

Leaks of VOC in Petroleum Refineries

40 CFR part 60, Subpart HHH - Standards of Performance for Synthetic

Fiber Production Facilities

40 CFR part 60, Subpart III - Standards of Performance for Volatile

Organic Compound (VOC) Emissions From

the Synthetic Organic Chemical

Manufacturing Industry (SOCMI) Air

Oxidation Unit Processes

40 CFR part 60, Subpart JJJ - Standards of Performance for Petroleum Dry

Cleaners

40 CFR part 60, Subpart KKK - Standards of Performance for Equipment

Leaks of VOC From Onshore Natural Gas

Processing Plants

40 CFR part 60, Subpart LLL - Standards of Performance for Onshore

Natural Gas Processing: SO₂ Emissions

40 CFR part 60, Subpart NNN - Standards of Performance for Volatile

Organic Compound (VOC) Emissions From

Synthetic Organic Chemical Manufacturing

Industry (SOCMI) Distillation Operations

40 CFR part 60, Subpart OOO - Standards of Performance for Nonmetallic

Mineral Processing Plants

40 CFR part 60, Subpart PPP - Standards of Performance for Wool

Fiberglass Insulation Manufacturing Plants

40 CFR part 60, Subpart QQQ - Standards of Performance for VOC

Emissions From Petroleum Refinery

Wastewater Systems

40 CFR part 60, Subpart RRR - Standards of Performance for Volatile

Organic Compound Emissions from

Synthetic Organic Chemical Manufacturing

Industry (SOCMI) Reactor Processes

40 CFR part 60, Subpart SSS - Standards of Performance for Magnetic

Tape Coating Facilities

40 CFR part 60, Subpart TTT - Standards of Performance for Industrial

Surface Coating: Surface Coating of Plastic

Parts for Business Machines

40 CFR part 60, Subpart UUU - Standards of Performance for Calciners and

Dryers in Mineral Industries

40 CFR part 60, Subpart VVV - Standards of Performance for Polymeric

Coating of Supporting Substrates Facilities

40 CFR part 60, Subpart WWW - Standards of Performance for Municipal

Solid Waste Landfills

40 CFR part 60, Subpart AAAA - Standards of Performance for Small

Municipal Waste Combustion Units for

Which Construction is Commenced After

August 30, 1999 or for Which Modification

or Reconstruction is Commenced After June

6, 2001

40 CFR part 60, Subpart CCCC - Standards of Performance for Commercial

and Industrial Solid Waste Incineration

Units for Which Construction is

Commenced After November 30, 1999 or

for Which Modification or Reconstruction

is Commenced on or After June 1, 2001

40 CFR part 60, Subpart EEEE - Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006

(i) Designated Appendices. The following appendices are incorporated by reference under Section 4(a) of this Chapter. as revised and published as of July 1, 2004 2005, not including any later amendments, are adopted by reference. Copies of the appendices are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division of Air Quality, 122 W. 25^th Street, Cheyenne, Wyoming 82002.

40 CFR part 60, Appendix A - Test Methods

40 CFR part 60, Appendix B - Performance Specifications

40 CFR part 60, Appendix C - Determination of Emission Rate Change

40 CFR part 60, Appendix D - Required Emission Inventory Information

40 CFR part 60, Appendix F - Quality Assurance Procedures

40 CFR part 60, Appendix I - Removable Label and Owner’s Manual

(c) Word or Phrase Substitutions: In the standards designated in Chapter 5, Section 2(b) substitute:

(i) Chapter 5, Section 2 for Subpart A

(ii) Chapter 5, Section 2(h) for 60.8

(iii) Chapter 5, Section 2(g) for 60.7

(iv) Chapter 5, Section 2(m) for 60.18

(v) Chapter 5, Section 2(e)(i) for 60.2

(vi) Chapter 5, Section 2(e)(ii) for 60.3

(vii) Chapter 5, Section 2(i) for 60.11

(viii) Chapter 5, Section 2(j) for 60.13

(ix) Chapter 5, Section 2(k) for 60.14

(x) Chapter 5, Section 2(l) for 60.15

(xi) Chapter 6, Section 2(b)(i) for 60.5 and 60.6

(xii) Chapter 6, Section 2(i) for 60.7(a)(2) and (3)

(xiii) Chapter 6, Section 2(j) for 60.8(a) and (d)

(xiv) Section 35-11-1101 Environmental Quality Act for 60.9

(xv) Chapter 1, Section 4 for 60.12

(xvi) Chapter 5, Section 2(n) for 60.19

(d) Applicability: The provisions of Chapter 5, Section 2 are applicable to the owner or operator of any stationary source which contains an affected facility, the construction or modification of which is commenced after the effective date as designated in the applicable subparts of the Standards of Performance referenced in Chapter 5, Section 2(b) and contained in 40 CFR part 60.

(i) In addition to complying with the provisions of this section, the Owner or Operator of an affected facility may be required to obtain an operating permit issued to stationary sources by the Administrator pursuant to Title V of the Clean Air Act (Act) as amended November 15, 1990 (42 U.S.C. 7661). For more information about obtaining an operating permit see Chapter 6, Section 3.

(e) Definitions and Abbreviations: The following terms are explicitly defined for use in this section. As used in this section, all terms not defined herein shall have the meaning given to them in Chapter 1, Section 3.

(i) Definitions:

“Act” means the Clean Air Act (42 U.S.C. 7401 et seq.).

“Administrator” means the Administrator of the Division of Air Quality, Wyoming Department of Environmental Quality, except for those authorities which cannot be delegated to the state, in which case “administrator” means both the administrator of the Environmental Protection Agency and the Administrator of the Division of Air Quality, Wyoming Department of Environmental Quality.

“Affected facility” means, with reference to a stationary source, any apparatus to which a standard is applicable.

“Alternative method” means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method but which has been demonstrated to the Administrator’s satisfaction to, in some specific cases, produce results adequate for his determination of compliance.

“Capital expenditure” means an expenditure for a physical or operational change to an existing facility which exceeds the product of the applicable “annual asset guideline repair allowance percentage” specified in the latest edition of Internal Revenue Service (IRS) Publication 534 and the existing facility’s basis, as defined by section 1012 of the Internal Revenue Code. However, the total expenditure for a physical or operational change to an existing facility must not be reduced by any “excluded additions” as defined in IRS Publication 534, as would be done for tax purposes.

“Clean coal technology demonstration project” means a project using funds appropriated under the heading ‘Department of Energy-Clean Coal Technology’, up to a total amount of $2,500,000,000 for commercial demonstrations of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency.

“Commenced”, as applied to construction or modification of any new facility or source, means that the owner or operator has obtained a Construction Permit required by Chapter 6, Section 2 or either has (i) begun, or caused to begin, a continuous program of physical on-site construction or modification of the facility or (ii) entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction or modification of the facility to be completed within a reasonable time.

“Construction” means fabrication, erection, or installation of an affected facility.

“Continuous monitoring system” means the total equipment, required under the emission monitoring sections, used to sample and condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters.

“Electric utility steam generating unit” means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

“Equivalent method” means any method of sampling and analyzing for an air pollutant which has been demonstrated to the Administrator’s satisfaction to have a consistent and quantitatively known relationship to the reference method, under specified conditions.

“Excess emissions and monitoring systems performance report” is a report that must be submitted periodically by a source in order to provide data on its compliance with stated emission limits and operating parameters, and on the performance of its monitoring systems.

“Existing facility” means, with reference to a stationary source, any apparatus of the type for which a standard is promulgated in this section, and the construction or modification of which was commenced before the effective date; or any apparatus which could be altered in such a way as to be of that type.

“Isokinetic sampling” means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point.

“Issuance” of an operating permit will occur, in accordance with Chapter 6, Section 3.

“Malfunction” means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

“Monitoring device” means the total equipment, required under the monitoring of operations sections, used to measure and record (if applicable) process parameters.

“Nitrogen oxides” means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in this part.

“One-hour period” means any 60-minute period commencing on the hour.

“Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

“Operating permit” or “part 70 permit” means any permit or group of permits covering a source under Chapter 6, Section 3 that is issued, renewed, amended or revised pursuant to Chapter 6, Section 3.

“Owner or operator” means any person who owns, leases, operates, controls, or supervises an affected facility or a stationary source of which an affected facility is a part.

“Particulate matter” means any finely divided solid or liquid material, other than uncombined water, as measured by the reference methods specified under each subpart, or an equivalent or alternative method.

“Permit program” means the comprehensive State operating permit system established pursuant to Title V of the Act (42 U.S.C. 7661) and regulations in Chapter 6, Section 3.

“Proportional sampling” means sampling at a rate that produces a constant ratio of sampling rate to stack gas flow rate.

“Reactivation of a very clean coal-fired electric utility steam generating unit” means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit:

(A) Has not been in operation for the two-year period prior to the enactment of the Clean Air Act amendments of 1990, and the emissions from such unit continue to be carried in the permitting authority’s emissions inventory at the time of enactment;

(B) Was equipped prior to shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85 percent and a removal efficiency for particulates of no less than 98 percent;

(D) Is otherwise in compliance with the requirements of the Clean Air Act.

“Reference method” means any method of sampling and analyzing for an air pollutant as specified in the applicable subpart.

“Repowering” means replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the Administrator of EPA, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy.

“Run” means the net period of time during which an emission sample is collected. Unless otherwise specified, a run may be either intermittent or continuous within the limits of good engineering practice.

“Shutdown” means the cessation of operation of an affected facility for any purpose.

“Six-minute period” means any one of the 10 equal parts of a one-hour period.

“Standard” means a standard of performance proposed or promulgated under this part.

“Standard conditions” means a temperature of 293°K (68°F) and a pressure of 101.3 Kilopascals of Hg (29.92 in. of Hg).

“Start-up” means the setting in operation of an affected facility for any purpose.

“State” means the Wyoming Air Quality Division which has been delegated authority to implement:

(A) The provisions of this section; and/or

(B) The permit program established under 40 CFR part 70.

“Stationary source” means any building, structure, facility, or installation which emits or may emit any air pollutant.

“Volatile organic compounds” means any organic compound which participates in atmospheric photochemical reactions; or which is measured by a reference method, an equivalent method, an alternative method, or which is determined by procedures specified under any subpart.

(ii) Abbreviations:

A ampere

A.S.T.M. American Society for Testing and Materials

Btu British thermal unit

cal calorie

CdS Cadmium sulfide

cfm cubic feet per minute

CO carbon monoxide

CO₂ carbon dioxide

°C degree Celsius (centigrade)

°F degree Fahrenheit

°K degree Kelvin

°R degree Rankine

dscm dry cubic meter(s) at standard conditions

dscf dry cubic feet at standard conditions

eq equivalents

g gram(s)

gal gallon(s)

g eq gram equivalents

gr grain(s)

HCl hydrochloric acid

Hg mercury

hr hour(s)

H₂O water

H₂S hydrogen sulfide

H₂SO₄ sulfuric acid

Hz hertz

in inch(es)

J joule

k 1,000

kg kilogram(s)

l liters

lb pound(s)

lpm Liter(s) per minute

m meter(s)

meq milliequivalent(s)

mg milligram(s)

Mg megagram - 10⁶ gram

min minute(s)

ml milliliter(s)

mm millimeter(s)

mol. wt. molecular weight

mv millivolt

N newton

N nitrogen

ng nanogram - 10^-9 gram

nm nanometer(s) - 10^-9 meter

NO nitric oxide

NO₂ nitrogen dioxide

NO_x nitrogen oxides

O₂ oxygen

Pa pascal

ppb parts per billion

ppm parts per million

psia pounds per square inch absolute

s second

sec second

SO₂ sulfur dioxide

SO₃ sulfur trioxide

STD at standard conditions

µg microgram(s) - 10^-6 gram

V volt

W watt

(f) Permit Requirements: Compliance with the provisions of this section shall in no way relieve the owner or operator of responsibility for compliance with other applicable sections of these regulations. The permit requirements of Chapter 6, Section 2 are specifically applicable to affected facilities subject to the requirements of this section.

(g) Notification and Recordkeeping:

(i) Any owner or operator subject to the provisions of this section shall furnish the Administrator written notification as follows:

(A) A notification of the date construction (or reconstruction as defined under Chapter 1, Section 3) of an affected facility is commenced postmarked no later than 30 days after such date. This requirement shall not apply in the case of mass-produced facilities which are purchased in completed form.

(B) A notification of any physical or operational change to an existing facility which may increase the emission rate of any air pollutant to which a standard applies, unless that change is specifically exempted under an applicable subpart or in Chapter 5, Section 2(k). This notice shall be postmarked 60 days or as soon as practicable before the change is commenced and shall include information describing the precise nature of the change, present and proposed emission control systems, productive capacity of the facility before and after the change, and the expected completion date of the change. The Administrator may request additional relevant information subsequent to this notice.

(C) A notification of the date upon which demonstration of the continuous monitoring system performance commences in accordance with Chapter 5, Section 2(j)(iii). Notification shall be postmarked not less than 30 days prior to such date.

(D) A notification of the anticipated date for conducting the opacity observations required by Chapter 5, Section 2(i)(v) of this part. The notification shall be postmarked not less than 30 days prior to such date.

(E) A notification that continuous opacity monitoring system data results will be used to determine compliance with the applicable opacity standard during a performance test required by Chapter 5, Section 2(h) in lieu of Method 9 observation data as allowed by Chapter 5, Section 2(i)(v)(D). This notification shall be postmarked not less than 30 days prior to the date of the performance test.

(ii) Any owner or operator subject to the provisions of this part shall maintain records of the occurrence and duration of any start-up, shutdown, or malfunction in the operation of an affected facility; any malfunction of the air pollution control equipment; or any periods during which a continuous monitoring system or monitoring device is inoperative.

(iii) Each owner or operator required to install a continuous monitoring system (CMS) or monitoring device shall submit an excess emissions and monitoring systems performance report (excess emissions are defined in applicable subparts) and/or a summary report form (see paragraph E of this section) to the Administrator semiannually, except when: more frequent reporting is specifically required by an applicable subpart; or the CMS data are to be used directly for compliance determination, in which case quarterly reports shall be submitted; or the Administrator, on a case-by-case basis, determines that more frequent reporting is necessary to accurately assess the compliance status of the source. All reports shall be postmarked by the 30^th day following the end of each calendar half (or quarter, as appropriate). Written reports of excess emissions shall include the following information:

(A) The magnitude of excess emissions computed in accordance with Chapter 5, Section 2(j)(viii), any conversion factor(s) used, and the date and time of commencement and completion of each time period of excess emissions. The process operating time during the reporting period.

(B) Specific identification of each period of excess emissions that occurs during start-ups, shutdowns, malfunctions of the affected facility. The nature and cause of any malfunction (if known), the corrective action taken or preventative measures adopted.

(C) The date and time identifying each period during which the continuous monitoring system was inoperative except for zero and span checks and the nature of the system repairs or adjustments.

(D) When no excess emissions have occurred or the continuous monitoring system(s) have not been inoperative, repaired, or adjusted, such information shall be stated in the report.

(E) The summary report form shall contain the information and be in the format shown in Form B unless otherwise specified by the Administrator. One summary report form shall be submitted for each pollutant monitored at each affected facility.

(I) If the total duration of excess emissions for the reporting period is less than 1 percent of the total operating time for the reporting period and CMS downtime for the reporting period is less than 5 percent of the total operating time for the reporting period, only the summary report form shall be submitted and the excess emission report described in paragraph (iii) of this subsection need not be submitted unless requested by the Administrator.

(II) If the total duration of excess emissions for the reporting period is 1 percent or greater of the total operating time for the reporting period or the total CMS downtime for the reporting period is 5 percent or greater of the total operating time for the reporting period, the summary report form and the excess emission report described in paragraph (iii) of this subsection shall both be submitted.

Form B

EXCESS EMISSION SUMMARY REPORT

Emission Data Summary	CMS Performance Summary
I. Duration of Excess Emissions in Reporting Period Due to: A. Startup/Shutdown B. Control Equipment Problems C. Process Problems D. Other Known Causes E. Unknown Causes	_____ _____ _____ _____ _____	I. CMS Downtime in Reporting Period Due to: A. Monitor Equipment Malfunctions B. Non-Monitor Equipment Malfunctions C. Quality Assurance Calibration D. Other Known Causes E. Unknown Causes	____ ____ ____ ____ ____
II. Total Duration of Excess Emission	_____	II. Total CMS Downtime	____
III. Total Duration of Excess Emissions x 100 divided by Total Source Operating Time minus Total CMS Downtime	_____	III. Total CMS Downtime x 100 divided by Total Source Operating Time	____

Emission Data Summary

CMS Performance Summary

I. Duration of Excess Emissions in

Reporting Period Due to:

A. Startup/Shutdown

B. Control Equipment Problems

C. Process Problems

D. Other Known Causes

E. Unknown Causes

_____

I. CMS Downtime in Reporting

Period Due to:

A. Monitor Equipment Malfunctions

B. Non-Monitor Equipment Malfunctions

C. Quality Assurance Calibration

D. Other Known Causes

E. Unknown Causes

____

II. Total Duration of Excess

Emission

_____

II. Total CMS Downtime

____

III. Total Duration of Excess

Emissions x 100 divided by

Total Source Operating Time

minus Total CMS Downtime

_____

III. Total CMS Downtime x 100 divided by

Total Source Operating Time

____

Total time of excess emission events due to emergency/abnormal operations__________.

NOTE:

1. Only report excess emissions which occur when the unit/process is operating. Include all excess emissions in

the Emission Data Summary including those excess emissions associated with startup/shutdown and those

excess emissions associated with Chapter 1, Section 5 (Emergency/Abnormal) operations. Report times in

hours for gaseous monitors and in tenths of an hour for opacity monitors. Include detailed excess

emission information and causes in the Excess Emission Table (Form C).

2. Only report CEM downtime which occurs while the unit/process is operating. Report time in hours to one

decimal point. Include detailed CEM downtime and causes in the Monitor Outage Table (Form D).

3. Include an explanation of what corrective actions were taken for total excess emissions or monitor downtime

for the quarter (Emission Data Summary and CMS Performance Summary, Item III) greater than 5%. (See

Instructions for further details.)

On a separate page, describe any changes since last quarter in CMS, process or controls. I certify that the information contained in this report is true, accurate, and complete.

Name

_______________________________________________________

Signature

_______________________________________________________

Title

_______________________________________________________

Date

_______________________________________________________

(iv) (A) Notwithstanding the frequency of reporting requirements specified in paragraph (iii) of this subsection, an owner or operator who is required by an applicable subpart to submit excess emissions and monitoring systems performance reports (and summary reports) on a quarterly (or more frequent) basis may reduce the frequency of reporting for that standard to semiannual if the following conditions are met:

(I) For 1 full year (e.g., 4 quarterly or 12 monthly reporting periods) the affected facility’s excess emissions and monitoring systems reports submitted to comply with a standard under this section continually demonstrate that the facility is in compliance with the applicable standard;

(II) The owner or operator continues to comply with all recordkeeping and monitoring requirements specified in this section and the applicable standard; and

(III) The Administrator does not object to a reduced frequency of reporting for the affected facility, as provided in paragraph (iv)(B) of this subsection.

(B) The frequency of reporting of excess emissions and monitoring systems performance (and summary) reports may be reduced only after the owner or operator notifies the Administrator in writing of the intent to make such a change and the Administrator does not object to the intended change. In deciding whether to approve a reduced frequency of reporting, the Administrator may review information concerning the source’s entire previous performance history during the required recordkeeping period prior to the intended change, including performance test results, monitoring data, and evaluations of an owner or operator’s conformance with operation and maintenance requirements. Such information may be used by the Administrator to make a judgment about the source’s potential for noncompliance in the future. If the Administrator disapproves the owner or operator’s request to reduce the frequency of reporting, the Administrator will notify the owner or operator in writing within 45 days after receiving notice of the owner or operator’s intention. The notification from the Administrator to the owner or operator will specify the ground on which the disapproval is based. In the absence of a notice of disapproval within 45 days, approval is automatically granted.

(C) As soon as monitoring data indicate that the affected facility is not in compliance with any emission limitation or operating parameter specified in the applicable standard, the frequency of reporting shall revert to the frequency specified in the applicable standard, and the owner or operator shall submit an excess emissions and monitoring systems performance report (and summary report, if required) at the next appropriate reporting period following the noncomplying event. After demonstrating compliance with the applicable standard for another full year, the owner or operator may again request approval from the Administrator to reduce the frequency of reporting for that standard as provided for in paragraphs (iv)(A) and (iv)(B) of this subsection.

(v) Any owner or operator subject to the provisions of this part shall maintain a file of all measurements, including continuous monitoring system, monitoring device, and performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other information required by this part recorded in a permanent form suitable for inspection. The file shall be retained for at least two years following the date of such measurements, maintenance, reports, and record.

(vi) Individual subparts of 40 CFR part 60 may include specific provisions which clarify or made inapplicable the provisions set forth in this section.

(h) Performance Tests:

(i) The owner or operator of an affected facility shall conduct performance test(s) within the times specified in Chapter 6, Section 2(j) and furnish the Administrator a written report of the results of such performance test(s).

(ii) Performance tests shall be conducted and data reduced in accordance with the test methods and procedures contained in each applicable subpart unless the Administrator (1) specifies or approves, in specific cases, the use of a reference method with minor changes in methodology; (2) obtains approval from the EPA Administrator for use of an equivalent method; (3) obtains approval from the EPA Administrator for use of an alternative method the results of which he had determined to be adequate for indicating whether a specific source is in compliance; (4) waives the requirement for performance tests because the owner or operator of a source has demonstrated by other means to the Administrator’s satisfaction that the affected facility is in compliance with the standard; or (5) approves shorter sampling times and smaller sample volumes when necessitated by process variables or other factors. Nothing in this paragraph shall be construed to abrogate the Administrator’s authority to require other testing.

(iii) Performance tests shall be conducted under such conditions as the Administrator shall specify to the plant operator based on representative performance of the affected facility. The owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of the performance tests. Operations during periods of start-up, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test nor shall emissions in excess of the level of the applicable emission limit during periods of start-up, shutdown, and malfunction be considered a violation of the applicable emission limit unless otherwise specified in the applicable standard.

(iv) The owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as follows:

(A) Sampling ports adequate for test methods applicable to such facility. This includes:

(I) Constructing the air pollution control system such that volumetric flow rates and pollutant emission rates can be accurately determined by applicable test methods and procedures and;

(II) Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test methods and procedures;

(B) Safe sampling platform(s);

(D) Utilities for sampling and testing equipment.

(v) Unless otherwise specified in the applicable subpart, each performance test shall consist of three separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining compliance with an applicable standard, the arithmetic means of results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances, beyond the owner or operator’s control, compliance may, upon the Administrator’s approval, be determined using the arithmetic mean of the results of the two other runs.

(i) Compliance With Standards and Maintenance Requirements:

(i) Compliance with standards in this part, other than opacity standards, shall be determined by performance tests established by Chapter 5, Section 2(h), unless otherwise specified in the applicable standard.

(ii) Compliance with opacity standards in this part shall be determined by conducting observations in accordance with Reference Method 9 in 40 CFR part 60, Appendix A or any alternative method that is approved by the EPA Administrator, or as provided in paragraph (v)(D) of this section. For purposes of determining initial compliance, the minimum total time of observations shall be 3 hours (30 6-minute averages) for the performance test or other set of observations (meaning those fugitive-type emission sources subject only to an opacity standard).

(iii) The opacity standards set forth in this part shall apply at all times except during periods of start-up, shutdown, malfunction, and as other wise provided in the applicable standard.

(iv) At all times, including periods of start-up, shutdown, and malfunction, owners and operators shall, to the extent practicable, maintain and operate any affected facility including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.

(v) (A) For the purpose of demonstrating initial compliance, opacity observations shall be conducted concurrently with the initial performance test required in Chapter 5, Section 2(h) unless one of the following conditions apply. If no performance test under Chapter 5, Section 2(h) is required, then opacity observations shall be conducted within 60 days after achieving the maximum production rate at which the affected facility will be operated but no later than 180 days after initial start-up of the facility. If visibility or other conditions prevent the opacity observations from being conducted concurrently with the initial performance test required under Chapter 5, Section 2(h), the source owner or operator shall reschedule the opacity observations as soon after the initial performance test as possible, but not later than 30 days thereafter, and shall advise the Administrator of the rescheduled date. In these cases, the 30-day prior notification to the Administrator required in Chapter 5, Section 2(g)(i)(D) shall be waived. The rescheduled opacity observations shall be conducted (to the extent possible) under the same operating conditions that existed during the initial performance test conducted under Chapter 5, Section 2(h). The visible emissions observer shall determine whether visibility or other conditions prevent the opacity observations from being made concurrently with the initial performance test in accordance with procedures contained in Reference Method 9 of 40 CFR part 60, Appendix A. Opacity reading of portions of plumes which contain condensed, uncombined water vapor shall not be used for purposes of determining compliance with opacity standards. The owner or operator of an affected facility shall make available, upon request by the Administrator, any records as may be necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible observer emission certification. Except as provided in paragraph (v)(D) of this section, the results of continuous monitoring by transmissometer which indicate that the opacity at the time visual observations were made was not in excess of the standard are probative but not conclusive evidence of the actual opacity of an emission, provided that the source shall meet the burden of proving that the instrument used meets (at the time of the alleged violation) Performance Specification 1 in 40 CFR part 60, Appendix B, has been properly maintained and (at the time of the alleged violation) that the resulting data have not been altered in any way.

(I) The inability of an owner or operator to secure a visible emissions observer shall not be considered a reason for not conducting the opacity observations concurrent with the initial performance test.

(B) The owner or operator of an affected facility to which an opacity standard in this part applies shall conduct opacity observations in accordance with Chapter 5, Section 2(i)(ii), shall record the opacity of emissions, and shall report to the Administrator the opacity results along with the results of the initial performance test required under Chapter 5, Section 2(h).

(C) An owner or operator of an affected facility using a continuous opacity monitor (transmissometer) shall record the monitoring data produce during the initial performance test required by Chapter 5, Section 2(h) and furnish the Administrator a written report of the monitoring results along with Method 9 and Chapter 5, Section 2(h) performance test results.

(D) An owner or operator of an affected facility subject to an opacity standard may submit, for compliance purposes, continuous opacity monitoring system (COMS) data results produced during any performance test required under Chapter 5, Section 2(h) in lieu of Method 9 observation data. If an owner or operator elects to submit COMS data for compliance with the opacity standard, he shall notify the Administrator of that decision in writing, at least 30 days before any performance test required under Chapter 5, Section 2(h) is conducted. Once the owner or operator of an affected facility has notified the Administrator to that Effect, the COMS data results will be used to determine opacity compliance during subsequent tests required under Chapter 5, Section 2(h) until the owner or operator notifies the Administrator in writing to the contrary. For the purpose of determining compliance with the opacity standard during a performance test required under Chapter 5, Section 2(h) using COMS data the minimum total time of COMS data collection shall be averages of all 6-minute continuous periods within the duration of the mass emission performance test. Results of the COMS opacity determinations shall be submitted along with the results of the performance test required under Chapter 5, Section 2(h). The owner or operator of an affected facility using a COMS for compliance purposes is responsible for demonstrating that the COMS meets the requirements specified in Chapter 5, Section 2(j)(iii) of this part, that the COMS has been properly maintained and operated, and that the resulting data have not been altered in any way. If COMS data results are submitted for compliance with the opacity standard for a period of time during which Method 9 data indicates noncompliance, the Method 9 data will be used to determine opacity compliance.

(E) Upon receipt from an owner or operator of the written reports of the results of the performance tests required by Chapter 5, Section 2(h), the opacity observation results and observer certification required by Chapter 5, Section 2(i)(v)(A) and the COMS results, if applicable, the Administrator will make a finding concerning compliance with opacity and other applicable standards. If COMS data results are used to comply with an opacity standard, only those results are required to be submitted along with the performance test results required by Chapter 5, Section 2(h). If the Administrator finds that an affected facility is in compliance with all applicable standards for which performance tests are conducted in accordance with Chapter 5, Section 2(h) of this part but during the time such performance tests are being conducted fails to meet any applicable opacity standard, he shall notify the owner or operator and advise him that he may petition the Administrator within 10 days of receipt of notification to make appropriate adjustment to the opacity standard for the affected facility. The notifications received requesting adjustments to the opacity standard of the affected facility will be forwarded to EPA for resolution.

(vi) Special provisions set forth under an applicable subpart in 40 CFR part 60 shall supersede any conflicting provisions in this section.

(vii) For the purpose of submitting compliance certifications or establishing whether or not a person has violated or is in violation of any standard in this section, 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 the applicable requirements if the appropriate performance or compliance test or procedure had been performed.

(j) Monitoring Requirements:

(i) For the purposes of this section, all continuous monitoring systems required under applicable subparts shall be subject to the provisions of this section upon promulgation of performance specifications for continuous monitoring systems under 40 CFR part 60, Appendix B and, if the continuous monitoring system is used to demonstrate compliance with emission limits on a continuous basis, 40 CFR part 60, Appendix F, unless otherwise specified in an applicable subpart or by the Administrator. Appendix F is applicable December 4, 1987.

(ii) All continuous monitoring systems and monitoring devices shall be installed and operational prior to conducting performance tests under Chapter 5, Section 2(h). Verification of operational status shall, as a minimum, include completion of manufacturer’s written requirements or recommendations for installation, operation, and calibration of the device.

(iii) If the owner or operator of an affected facility elects to submit continuous opacity monitoring system (COMS) data for compliance with the opacity standard as provided under Chapter 5, Section 2(i)(v)(D), he shall conduct a performance evaluation of the COMS as specified in Performance Specification 1, 40 CFR part 60, Appendix B, before the performance test required under Chapter 5, Section 2(h) is conducted. Otherwise, the owner or operator of an affected facility shall conduct a performance evaluation of the COMS or continuous emission monitoring system (CEMS) during any performance test required under Chapter 5, Section 2(h) or within 30 days thereafter in accordance with the applicable performance specification in 40 CFR part 60, Appendix B. The owner or operator of an affected facility shall conduct COMS or CEMS performance evaluations at such other times as may be required by the Administrator.

(A) The owner or operator of an affected facility using a COMS to determine opacity compliance during any performance test required under Chapter 5, Section 2(h) and as described in Chapter 5, Section 2(i)(v)(D) shall furnish the Administrator two or, upon request, more copies of a written report of the results of the COMS performance evaluation described in paragraph (iii) of this section at least 10 days before the performance test required under Chapter 5, Section 2(h) is conducted.

(B) Except as provided in paragraph (iii)(A) of this section, the owner or operator of an affected facility shall furnish the Administrator within 60 days of completion two or, upon request, more copies of a written report of the results of the performance evaluation.

(C) These continuous monitoring system performance evaluations, except as provided in paragraph (x) of this section shall be conducted in accordance with the requirements and procedures contained in the applicable performance specification of 40 CFR part 60, Appendix B as follows:

(I) Continuous monitoring systems for measuring opacity of emissions installed on or after March 30, 1983 shall comply with all the provisions and requirements in Performance Specification 1: continuous monitoring systems for measuring opacity of emissions installed before March 30, 1983 are required to comply with the provisions and requirements of Performance Specification 1 except for the following:

(1.) Section 4 - Installation specifications.

(2.) Paragraphs 5.1.4 - Optical alignment sight, 5.1.6 - Access to external optics, 5.1.7 - Automatic zero compensation indicator, and 5.1.8 - Slotted tube of Section 5 - Design and Performance Specification 1.

(3.) Paragraph 6.4 - Optical alignment sight of Section 6. Design specifications verification procedure.

If an existing opacity monitoring system is replaced on or after March 30, 1983, the new opacity monitoring system shall comply with the requirements of Performance Specification 1, except the new monitoring system may be located at the same measurement location as for the replaced monitoring system. If a new measurement location is to be determined at the time of replacement, the new location must meet the requirements of Performance Specification 1.

(II) Continuous monitoring systems for measuring nitrogen oxides emissions shall comply with Performance Specification 2.

(III) Continuous monitoring systems for measuring sulfur dioxide emissions shall comply with Performance Specification 2.

(IV) Continuous monitoring systems for measuring the oxygen content or carbon dioxide content of effluent gases shall comply with Performance Specification 3.

(iv) (A) Owners and operators of all continuous emission monitoring systems installed in accordance with the provisions of this part shall check the zero (or low-level value between 0 and 20 percent of span value) and span (50 to 100 percent of span value) calibration drifts at least once daily in accordance with a written procedure. The zero and span shall, as a minimum, be adjusted whenever the 24-hour zero drift or 24-hour span drift exceeds two times the limits of the applicable performance specifications in 40 CFR part 60, Appendix B. The system must allow the amount of excess zero and span drift measured at the 24-hour interval checks to be recorded and quantified, whenever specified. For continuous monitoring systems measuring opacity of emissions, the optical surfaces exposed to the effluent gases shall be cleaned prior to performing the zero and span drift adjustments except that for systems using automatic zero adjustments, the optical surfaces shall be cleaned when the cumulative zero compensation exceeds 4 percent opacity.

(B) Unless otherwise approved by the Administrator, the following procedures shall be followed for continuous monitoring systems measuring opacity of emissions. Minimum procedures shall include a method for producing a simulated zero opacity condition and an upscale (span value) opacity condition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. Such procedures shall provide a system check of the analyzer internal optical surfaces and all electronic circuitry including the lamp and photodetector assembly.

(v) Except for system breakdown, repairs, calibration checks, and zero and span adjustments required under paragraph (iv) of this section, all continuous monitoring systems shall be in continuous operation and shall meet minimum frequency of operation requirements as follows:

(A) All continuous monitoring systems referenced by paragraphs (iii)(A) and (B) of this section for measuring opacity of emissions shall complete a minimum of one cycle of sampling and analyzing for each successive ten-second period and one cycle of data recording for each successive six-minute period.

(B) All continuous monitoring systems referenced by paragraphs (iii)(A) and (B) of this section for measuring emissions, except opacity shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period.

(vi) All continuous monitoring systems or monitoring devices shall be installed such that representative measurements of emissions or process parameters from the affected facility are obtained. Additional procedures for location of continuous monitoring systems contained in the applicable Performance Specifications of 40 CFR part 60, Appendix B of this section shall be used.

(vii) When the effluents from a single affected facility or two or more affected facilities subject to the same emission standards are combined before being released to the atmosphere, the owner or operator may install applicable continuous monitoring systems on each effluent or on the combined effluent. When the affected facilities are not subject to the same emissions standards, separate continuous monitoring systems shall be installed on each effluent. When the effluent from one affected facility is released to the atmosphere through more than one point, the owner or operator shall install applicable continuous monitoring systems on each separate effluent unless the installation of fewer systems is approved by the Administrator. When more than one continuous monitoring system is used to measure the emissions from one affected facility (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required from each continuous monitoring system.

(viii) Owners or operators of all continuous monitoring systems for measurement of opacity shall reduce all data to six-minute averages and for systems other than opacity to one-hour averages for time period defined under Chapter 5, Section 2(c)(i). Six-minute opacity averages shall be calculated from 36 or more data points equally spaced over each six-minute period. For systems other than opacity, one-hour averages shall be computed from four or more data points equally spaced over each one-hour period. Data recorded during periods of system breakdowns, repairs, calibration checks, and zero and span adjustments shall not be included in the data averages computed under this paragraph. An arithmetic or integrated average of all data may be used. The data output of all continuous monitoring systems may be recorded in reduced or non-reduced form (e.g., ppm pollutant and percent O₂ or lb/million Btu of pollutant). All excess emissions shall be converted into units of the standard using the applicable conversion procedures specified in subparts. After conversion into units of the standard, the data may be rounded to the same number of significant digits used in subparts to specify the applicable standard (e.g., rounded to the nearest one percent opacity).

(ix) Upon written application by an owner or operator, the Administrator may approve alternatives to any monitoring procedures or requirements of this part including, but not limited to the following:

(A) Alternative monitoring requirements when installation of a continuous monitoring system or monitoring device specified by this part would not provide accurate measurements due to liquid water or other interferences caused by substances with the effluent gases.

(B) Alternative monitoring requirements when the affected facility is infrequently operated.

(C) Alternative monitoring requirement to accommodate continuous monitoring systems that require additional measurements to correct for stack moisture conditions.

(D) Alternative locations for installing continuous monitoring systems or monitoring devices when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements.

(E) Alternative methods of converting pollutant concentration measurements to units of the standards.

(F) Alternative procedures for performing daily checks of zero and span drift that do not involve use of span gases or test cells.

(G) Alternatives to the A.S.T.M. test methods or sampling procedures specified by any subpart.

(H) Alternative continuous monitoring systems that do not meet the design or performance requirements in Performance Specification 1 of 40 CFR part 60, Appendix B, but adequately demonstrate a definite and consistent relationship between its measurements and the measurements of opacity by a system complying with the requirements in Performance Specification 1. The Administrator may require that such demonstration be performed for each affected facility.

(I) Alternative monitoring requirements when the effluent from a single affected facility or the combined effluent from two or more affected facilities are released to the atmosphere through more than one point.

(x) An alternative to the relative accuracy test specified in Performance Specification 2 of 40 CFR part 60, Appendix B may be requested as follows:

(A) An alternative to the reference method tests for determining relative accuracy is available for sources with emission rates demonstrated to be less than 50 percent of the applicable standard. A source owner or operator may petition the Administrator to waive the relative accuracy test in Section 7 of Performance Specification 2 and substitute the procedures in Section 10 if the results of the performance test conducted according to the requirements in Chapter 5, Section 2(h) of this subpart or other tests performed following the criteria in Chapter 5, Section 2(h) demonstrate that the emission rate of the pollutant of interest in the units of the applicable standard is less than 50 percent of the applicable standard. For sources subject to standards expressed as control efficiency levels, a source owner or operator may petition the Administrator to waive the relative accuracy test and substitute the procedures in Section 10 of Performance Specification 2 if the control device exhaust emission rate is less than 50 percent of the level needed to meet the control efficiency requirement. The alternative procedures do not apply if the continuous emission monitoring system is used to determine compliance continuously with the applicable standard. The petition to waive the relative accuracy test shall include a detailed description of the procedures to be applied. Included shall be location and procedure for conducting the alternative, the concentration or response levels of the alternative RA materials, and the other equipment checks included in the alternative procedure. The Administrator will review the petition for completeness and applicability. The determination to grant a waiver will depend on the intended use of the CEMS data (e.g., data collection purposes other than NSPS) and may require specifications more stringent than in Performance Specification 2 (e.g., the applicable emission limit is more stringent than NSPS).

(B) The waiver of CEMS relative accuracy test will be reviewed and may be rescinded at such time following successful completion of the alternative RA procedure that the CEMS data indicate the source emissions approaching the level of the applicable standard. The criterion for reviewing the waiver is the collection of CEMS data showing that emissions have exceeded 70 percent of the applicable standard for seven consecutive averaging periods as specified by the applicable regulation(s). For sources subject to standards expressed as control efficiency levels, the criterion for reviewing the waiver is the collection of CEMS data showing that exhaust emissions have exceeded 70 percent of the level needed to meet the control efficiency requirement for seven consecutive averaging periods as specified by the applicable regulation(s). It is the responsibility of the source operator to maintain records and determine the level of emissions relative to the criterion on the waiver of relative accuracy testing. If this criterion is exceeded, the owner or operator must notify the Administrator within 10 days of such occurrence and include a description of the nature and cause of increasing emissions. The Administrator will review the notification and may rescind the waiver and require the owner or operator to conduct a relative accuracy test of the CEMS as specified in Section 7 of Performance Specification 2.

(k) Modification:

(i) Except as provided under paragraphs (iv) and (v) of this section, any physical or operational change to an existing facility which results in an increase in the emission rate to the atmosphere of any pollutant to which a standard applies shall be considered a modification. Upon modification, an existing facility shall become an affected facility for each pollutant to which a standard applies and for which there is an increase in the emission rate to the atmosphere.

(ii) Emission rate shall be expressed as kg/hr of any pollutant discharged into the atmosphere for which a standard is applicable. The Administrator shall use the following to determine emission rate:

(A) Emission factors as specified in the latest issue of “Compilation of Air Pollutant Emission Factors”, EPA Publication No. AP-42, or other emission factors determined by the Administrator to be superior to AP-42 emission factors, in cases where utilization of emission factors demonstrate that the emission level resulting from the physical or operational change will either clearly increase or clearly not increase.

(B) Material balances, continuous monitor data, or manual emission tests in cases where utilization of emission factors as referenced in paragraph (ii)(A) of this section does not demonstrate to the Administrator’s satisfaction whether the emission level resulting from the physical or operational change will either clearly increase or clearly not increase, or where an owner or operator demonstrates to the Administrator’s satisfaction that there are reasonable grounds to dispute the result obtained by the Administrator utilizing emission factors as referenced in paragraph (ii)(A) of this section. When the emission rate is based on results from manual emission tests or continuous monitoring systems, the procedures specified in 40 CFR part 60, Appendix C shall be used to determine whether an increase in emission rate has occurred. Tests shall be conducted under such conditions as the Administrator shall specify to the owner or operator based on representative performance of the facility. At least three valid test runs must be conducted before and at least three after the physical or operational change. All operating parameters which may affect emissions must be held constant to the maximum feasible degree for all test runs.

(iii) The addition of an affected facility to a stationary source as an expansion to that source or as a replacement for an existing facility shall not by itself bring within the applicability of this part any other facility within that source.

(iv) The following shall not, by themselves, be considered modifications under this part:

(A) Maintenance, repair, and replacement which the Administrator determines to be routine for a source category, subject to the provisions of paragraph (iii) of this section and Chapter 5, Section 2(I).

(B) An increase in production rate of an existing facility, if that increase can be accomplished without a capital expenditure on that facility.

(D) Use of an alternative fuel or raw material if, prior to the date any standard under this part becomes applicable to that source type, as provided by Chapter 5, Section 2(d), the existing facility was designed to accommodate that alternative use. A facility shall be considered to be designed to accommodate an alternative fuel or raw material if that use could be accomplished under the facility’s construction specifications, as amended, prior to the change. Conversion to coal required for energy considerations as specified in section 111(a)(8) of the Act, shall not be considered a modification.

(E) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system which the Administrator determines to be less environmentally beneficial.

(F) The relocation or change in ownership of an existing facility.

(v) Special provisions set forth under an applicable subpart shall supersede any conflicting provisions of Chapter 5, Section 2(k).

(vi) Within 180 days of the completion of any physical or operational change subject to the control measures specified in paragraphs 2(k)(i) of this section, compliance with all applicable standards must be achieved.

(vii) No physical change, or change in the method of operation, at an existing electric utility steam generating unit shall be treated as a modification for the purposes of this subsection provided that such change does not increase the maximum hourly emissions of any pollutant regulated under this subsection above the maximum hourly emissions achievable at that unit during the 5 years prior to the change.

(viii) Repowering projects that are awarded funding from the Department of Energy as permanent clean coal technology demonstration projects (or similar projects funded by EPA) are exempt from the requirements of this section provided that such change does not increase the maximum hourly emissions of any pollutant regulated under this section above the maximum hourly emissions achievable at that unit during the five years prior to the change.

(ix) (A) Repowering projects that qualify for an extension under section 409(b) of the Clean Air Act are exempt from the requirements of this section, provided that such change does not increase the actual hourly emissions of any pollutant regulated under this section above the actual hourly emissions achievable at that unit during the 5 years prior to the change.

(B) This exemption shall not apply to any new unit that:

(I) Is designated as a replacement for an existing unit;

(II) Qualifies under section 409(b) of the Clean Air Act for an extension of an emission limitation compliance date under section 405 of the Clean Air Act; and

(III) Is located at a different site than the existing unit.

(x) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project is exempt from the requirements of this section. A temporary clean coal control technology demonstration project, for the purposes of this section is a clean coal technology demonstration project that is operated for a period of 5 years or less, and which complies with the State implementation plan for the state in which the project is located and other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated.

(xi) The reactivation of a very clean coal-fired electric utility steam generating unit is exempt from the requirements of this section.

(l) Reconstruction:

(i) An existing facility, upon reconstruction, becomes an affected facility, irrespective of any change in emission rate.

(ii) “Reconstruction” means the replacement of components of an existing facility to such an extent that:

(A) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new facility, and

(B) It is technologically and economically feasible to meet the applicable standards set forth in this part.

(iii) “Fixed capital cost” means the capital needed to provide all the depreciable components.

(iv) If an owner or operator of an existing facility proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new facility, he shall notify the Administrator of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information:

(A) Name and address of the owner or operator.

(B) The location of the existing facility.

(D) A description of the existing air pollution control equipment and the proposed air pollution control equipment.

(E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new facility.

(F) The estimated life of the existing facility after the replacements.

(G) A discussion of any economic or technical limitations the facility may have in complying with the applicable standards of performance after the proposed replacements.

(v) The Administrator will determine, within 30 days of the receipt of the notice required by paragraph (iv) of this section and any additional information he may reasonably require, whether the proposed replacement constitutes reconstruction.

(vi) The Administrator’s determination under paragraph (v) shall be based on:

(A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new facility;

(B) The estimated life of the facility after the replacements compared to the life of a comparable entirely new facility;

(D) Any economic or technical limitations on compliance with applicable standards of performance which are inherent in the proposed replacements.

(vii) Individual subparts may include specific provisions which refine and delimit the concept of reconstruction set forth in this section.

(m) General Control Device Requirements:

(i) This section contains requirements for control devices used to comply with applicable subparts of Chapter 5, Section 2. The requirements are placed here for administrative convenience and only apply to facilities covered by subparts referring to this section.

(ii) Flares:

(A) General Design:

(I) Flares shall be designed for and operated with no visible emissions as determined by the methods specified in paragraph (D), except for periods not to exceed a total of 5 minutes during any 2 consecutive hours.

(II) Flares shall be operated with flame present at all times, as determined by the methods specified in paragraph (D).

(III) Flares shall be used only with the net heating value of the gas being combusted being 300 Btu/Scf (11.2 MJ/scm) or greater if the flare is steam-assisted or air-assisted or with the net heating value of the gas being combusted being 200 Btu/scf (7.45 MJ/scm) or greater if the flare is nonassisted. The net heating value of the gas being combusted shall be determined by the methods specified in paragraph (D).

(IV) Steam-assisted and nonassisted flare shall be designed for and operated with an exit velocity as determined by the methods specified in paragraph (D)(IV), less than 60 ft/sec (18.3 m/sec) except as follows:

(1.) Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the methods specified in paragraph (D)(IV) equal to or greater than 60 ft/sec (18.3 m/sec) but less than 400 ft/sec (122 m/sec) are allowed if the net heating value of the gas being combusted is greater than 1000 Btu/scf (37.3 MJ/scm).

(2.) Steam-assisted and nonassisted flares designed for and operated with an exit velocity as determined by the methods specified in paragraph (D)(IV), less than the velocity Vmax, as determined by the method specified in paragraph (D)(V), and less than 400 ft/sec (122 m/sec) are allowed.

(V) Air-assisted flares shall be designed and operated with an exit velocity less than the velocity, Vmax, as determined by the method specified in paragraph (D)(VI).

(VI) Flares used to comply with this section shall be steam-assisted, air-assisted or nonassisted.

(B) Owners or operators of flares used to comply with the provisions of this section shall monitor these control devices to ensure that they are operated and maintained in conformance with their designs. Applicable subparts will provide provisions stating how owners or operators of flares shall monitor these control devices.

(C) Flares used to comply with the provisions of an applicable subpart shall be operated at all times when emissions may be vented to them.

(D) Determinations:

(I) Reference Method 22 shall be used to determine the compliance of flares with the visible emission provisions of this section. The observation period is 2 hours and shall be used according to Method 22.

(II) The presence of a flare pilot flame shall be monitored using a thermocouple or any other equivalent device to detect the presence of a flame.

(III) The net heating value of the gas being combusted in a flare shall be calculated using the following equation:

where:

H_T = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25°C and 760 mm Hg, but the standard temperature for determining the value corresponding to one mole is 20°C.

K = Constant,

Where the standard temperature of is 20°C

C_i = Concentration of sample component i in ppm on a wet basis, as measured for organics by reference method 18 and measured for hydrogen and carbon monoxide by ASTM ~~D1946-77~~ D1946-90 (2006) Standard Practice for Analysis of Reformed Gas by Gas Chromatography.

H_i = Net heat of combustion of sample component i, kcal/g mole at 25°C and 760 mm Hg. The heats of combustion may be determined using ASTM ~~D2382-76~~ D4809-00 (2005) Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method) if published values are not available or cannot be calculated.

(IV) The actual exit velocity of a flare shall be determined by dividing the volumetric flowrate (in units of standard temperature and pressure), as determined by reference methods 2, 2A, 2C, or 2D as appropriate; by the unobstructed (free) cross sectional area of the flare tip.

(V) The maximum permitted velocity Vmax, for flares complying with paragraph (A)(IV)(2.) shall be determined by the following equation:

V_max = Maximum permitted velocity, m/sec

28.8 = Constant

31.7 = Constant

H_T = The net heating value as determined in paragraph (D)(III)

(VI) The maximum permitted velocity, Vmax, for air-assisted flares shall be determined by the following equation:

V_max = Maximum permitted velocity m/sec

8.706 = Constant

0.7084 = Constant

H_T = The net heating value as determined in paragraph (D)(III)

(n) General Notification and Reporting Requirements:

(i) For the purposes of this section, time periods specified in days shall be measured in calendar days, even if the word “calendar” is absent, unless otherwise specified in an applicable requirement.

(ii) For the purposes of this section, if an explicit postmark deadline is not specified in an applicable requirement for the submittal of a notification, application, report, or other written communication to the Administrator, the owner or operator shall postmark the submittal on or before the number of days specified in the applicable requirement. For example, if a notification must be submitted 15 days before a particular event is scheduled to take place, the notification shall be postmarked on or before 15 days preceding the event; likewise, if a notification must be submitted 15 days after a particular event takes place, the notification shall be delivered or postmarked on or before 15 days following the end of the event. The use of reliable non-government mail carriers that provide indications of verifiable delivery of information required to be submitted to the Administrator, similar to the postmark provided by the U.S. Postal Service, or alternative means of delivery agreed to by the permitting authority, is acceptable.

(iii) Notwithstanding time period or postmark deadlines specified in this section for the submittal of information to the Administrator by an owner or operator, or the review of such information by the Administrator, such time periods or deadlines may be changed by mutual agreement between the owner or operator and the Administrator. Procedures governing the implementation of this provision are specified in paragraph (vi) of this subsection.

(iv) The owner or operator may change the dates by which periodic reports under this section shall be submitted (without changing the frequency of reporting) to be consistent with the schedule specified in Chapter 5, Section 2, by mutual agreement between the owner or operator and the Administrator. The allowance in the previous sentence applies in each state beginning 1 year after the affected facility is required to be in compliance with the applicable subpart in 40 CFR part 63. Procedures governing the implementation of this provision are specified in paragraph (vi) of this subsection.

(v) If an owner or operator supervises one or more stationary sources affected by standards set under this section and standards set under 40 CFR part 61, Chapter 5, Section 3 or both, may be arranged by mutual agreement between the owner or operator and the Administrator a common schedule on which periodic reports required by each applicable standard shall be submitted throughout the year. The allowance in the previous sentence applies in each state beginning 1 year after the stationary source is required to be in compliance with the applicable subpart in this section, or 1 year after the stationary source is required to be in compliance with the applicable 40 CFR part 61 or Chapter 5, Section 3, whichever is latest. Procedures governing the implementation of this provision are specified in paragraph (vi) of this subsection.

(vi) (A) (I) Until an adjustment of a time period or postmark deadline has been approved by the Administrator under paragraphs (vi)(B) and (vi)(C) of this subsection, the owner or operator of an affected facility remains strictly subject to the requirements of this section.

(II) An owner or operator shall request the adjustment provided for in paragraphs (vi)(B) and (vi)(C) of this subsection each time changes to an applicable time period or postmark deadline specified in this section are desired.

(B) Notwithstanding time periods or postmark deadlines specified in this section for the submittal of information to the Administrator by an owner or operator, or the review of such information by the Administrator, such time periods or deadlines may be changed by mutual agreement between the owner or operator and the Administrator. An owner or operator who wishes to request a change in a time period or postmark deadline for a particular requirement shall request the adjustment in writing as soon as practicable before the subject activity is required to take place. The owner or operator shall include in the request whatever information is considered useful to convince the Administrator that an adjustment is warranted.

(C) If, in the Administrator’s judgment, an owner or operator’s request for an adjustment to a particular time period or postmark deadline is warranted, the Administrator will approve the adjustment. The Administrator will notify the owner or operator in writing of approval or disapproval of the request for an adjustment within 15 calendar days of receiving sufficient information to evaluate the request.

(D) If the Administrator is unable to meet a specified deadline, the owner or operator will be notified of any significant delay and inform the owner or operator of the amended schedule.

Section 3. National emission standards for hazardous air pollutants.

(a) General: The U.S. Environmental Protection Agency regulations on national emission standards for hazardous air pollutants (NESHAP), established pursuant to section 112 of the Act as amended November 15, 1990, and amended by the word or phrase “substitutions” given in Chapter 5, Section 3(c) are incorporated into these regulations. The specific documents containing the complete text of the regulations are found in 40 CFR part 63~~, as revised and published as of July 1, 2004 2005~~. The standards designated in Chapter 5, Section 3(b) regulate specific categories of stationary sources that emit (or have the potential to emit) one or more of the hazardous air pollutants listed pursuant to section 112(b) of the Act, and presented in subsection (d)(ii)(A)(I) of Chapter 5, Section 3.

(b) Designated National Emission Standards for Hazardous Air Pollutants: The following standards for hazardous air pollutants, as revised and published in 40 CFR part 63, are incorporated by reference under Section 4(a) of this Chapter. as of July 1, 2004 2005, not including any later amendments, are adopted by reference. Copies of Standards for Hazardous Air Pollutants are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division of Air Quality, 122 W. 25^th Street, Cheyenne, Wyoming 82002.

40 CFR part 63, Subpart D - Regulations Governing Compliance

Extensions for Early Reductions of

Hazardous Air Pollutants

40 CFR part 63, Subpart F - National Emission Standards for

Organic Hazardous Air Pollutants

From the Synthetic Organic

Chemical Manufacturing Industry

40 CFR part 63, Subpart G - National Emission Standards for

Organic Hazardous Air Pollutants

From the Synthetic Organic

Chemical Manufacturing Industry

for Process Vents, Storage Vessels,

Transfer Operations, and Wastewater

40 CFR part 63, Subpart H - National Emission Standards for

Organic Hazardous Air Pollutants

for Equipment Leaks

40 CFR part 63, Subpart I - National Emission Standards for

Organic Hazardous Air Pollutants

for Certain Processes Subject to

the Negotiated Regulation for

Equipment Leaks

40 CFR part 63, Subpart J - National Emission Standards for

Hazardous Air Pollutants for

Polyvinyl Chloride and Copolymers

Production

40 CFR part 63, Subpart L - National Emission Standards for

Coke Oven Batteries

40 CFR part 63, Subpart M - National Perchloroethylene Air

Emission Standards for Dry

Cleaning Facilities

40 CFR part 63, Subpart N - National Emission Standards for

Chromium Emissions From Hard

and Decorative Chromium

Electroplating and Chromium

Anodizing Tanks

40 CFR part 63, Subpart O - Ethylene Oxide Emissions

Standards for Sterilization

Facilities

40 CFR part 63, Subpart Q - National Emission Standards for

Hazardous Air Pollutants for

Industrial Process Cooling

Towers

40 CFR part 63, Subpart R - National Emission Standards for Gasoline Distribution Facilities

(Bulk Gasoline Terminals and

Pipeline Breakout Stations)

40 CFR part 63, Subpart S - National Emission Standards for

Hazardous Air Pollutants from the

Pulp and Paper Industry

40 CFR part 63, Subpart T - National Emission Standards for

Halogenated Solvent Cleaning

40 CFR part 63, Subpart U - National Emission Standards for

Hazardous Air Pollutant Emissions:

Group I Polymers and Resins

40 CFR part 63, Subpart W - National Emission Standards for

Hazardous Air Pollutants for

Epoxy Resins Production

and Non-Nylon Polyamides

Production

40 CFR part 63, Subpart X - National Emission Standards for

Hazardous Air Pollutants from

Secondary Lead Smelting

40 CFR part 63, Subpart Y - National Emission Standards for

Marine Tank Vessel Loading

Operations

40 CFR part 63, Subpart AA - National Emission Standards for

Hazardous Air Pollutants From

Phosphoric Acid Manufacturing

Plants

40 CFR part 63, Subpart BB - National Emission Standards for

Hazardous Air Pollutants From

Phosphate Fertilizers Production

Plants

40 CFR part 63, Subpart CC - National Emission Standards for

Hazardous Air Pollutants From

Petroleum Refineries

40 CFR part 63, Subpart DD - National Emission Standards for

Hazardous Air Pollutants from

Off-Site Waste and Recovery

Operations

40 CFR part 63, Subpart EE - National Emission Standards for

Magnetic Tape Manufacturing

Operations

40 CFR part 63, Subpart GG - National Emission Standards for

Aerospace Manufacturing and

Rework Facilities

40 CFR part 63, Subpart HH - National Emission Standards for

Hazardous Air Pollutants From

Oil and Natural Gas Production

Facilities

40 CFR part 63, Subpart II - National Emission Standards for

Shipbuilding and Ship Repair

(Surface Coating)

40 CFR part 63, Subpart JJ - National Emission Standards for

Wood Furniture Manufacturing

Operations

40 CFR part 63, Subpart KK - National Emission Standards for

the Printing and Publishing Industry

40 CFR part 63, Subpart LL - National Emission Standards for

Hazardous Air Pollutants for

Primary Aluminum Reduction Plants

40 CFR part 63, Subpart MM - National Emission Standards for

Hazardous Air Pollutants for

Chemical Recovery Combustion

Sources at Kraft, Soda, Sulfite,

and Stand-Alone Semichemical

Pulp Mills

40 CFR part 63, Subpart OO - National Emission Standards for

Tanks - Level 1

40 CFR part 63, Subpart PP - National Emission Standards for

Containers

40 CFR part 63, Subpart QQ - National Emission Standards for

Surface Impoundments

40 CFR part 63, Subpart RR - National Emission Standards for

Individual Drain Systems

40 CFR part 63, Subpart SS - National Emission Standards for

Closed Vent Systems, Control

Devices, Recovery Devices and

Routing to a Fuel Gas System

or a Process

40 CFR part 63, Subpart TT - National Emission Standards for

Equipment Leaks - Control Level 1

40 CFR part 63, Subpart UU - National Emission Standards for

Equipment Leaks - Control Level

2 Standards

40 CFR part 63, Subpart VV - National Emission Standards for

Oil-Water Separators and Organic- Water Separators

40 CFR part 63, Subpart WW - National Emission Standards for

Storage Vessels (Tanks) - Control

Level 2

40 CFR part 63, Subpart XX - National Emission Standards for

Ethylene Manufacturing Process

Units: Heat Exchange Systems

and Waste Operations

40 CFR part 63, Subpart YY - National Emission Standards for

Hazardous Air Pollutants for

Source Categories: Generic

Maximum Achievable Control

Technology Standards

40 CFR part 63, Subpart CCC - National Emission Standards for

Hazardous Air Pollutants for Steel

Pickling - HCl Process Facilities

and Hydrochloric Acid

Regeneration Plants

40 CFR part 63, Subpart DDD - National Emission Standards for

Hazardous Air Pollutants for

Mineral Wool Production

40 CFR part 63, Subpart EEE - National Emission Standards for

Hazardous Air Pollutants from

Hazardous Waste Combustors

40 CFR part 63, Subpart GGG - National Emission Standards for

Pharmaceuticals Production

40 CFR part 63, Subpart HHH - National Emission Standards for

Hazardous Air Pollutants From

Natural Gas Transmission and

Storage Facilities

40 CFR part 63, Subpart III - National Emission Standards for

Hazardous Air Pollutants for

Flexible Polyurethane Foam

Production

40 CFR part 63, Subpart JJJ - National Emission Standards for

Hazardous Air Pollutant Emissions:

Group IV Polymers and Resins

40 CFR part 63, Subpart LLL - National Emission Standards for

Hazardous Air Pollutants From the

Portland Cement Manufacturing

Industry

40 CFR part 63, Subpart MMM - National Emission Standards for

Hazardous Air Pollutants for

Pesticide Active Ingredient

Production

40 CFR part 63, Subpart NNN - National Emission Standards for

Hazardous Air Pollutants for Wool

Fiberglass Manufacturing

40 CFR part 63, Subpart OOO - National Emission Standards for

Hazardous Air Pollutant Emissions:

Manufacture of Amino/Phenolic

Resins

40 CFR part 63, Subpart PPP - National Emission Standards for

Hazardous Air Pollutants for

Polyether Polyols Production

40 CFR part 63, Subpart QQQ - National Emission Standards for

Hazardous Air Pollutants for

Primary Copper Smelting

40 CFR part 63, Subpart RRR - National Emission Standards for

Hazardous Air Pollutants for

Secondary Aluminum Production

40 CFR part 63, Subpart TTT - National Emission Standards for

Hazardous Air Pollutants for

Primary Lead Smelting

40 CFR part 63, Subpart UUU - National Emission Standards for

Hazardous Air Pollutants for

Petroleum Refineries: Catalytic

Cracking Units, Catalytic

Reforming Units, and Sulfur

Recovery Units

40 CFR part 63, Subpart VVV - National Emission Standards for

Hazardous Air Pollutants: Publicly

Owned Treatment Works

40 CFR part 63, Subpart XXX - National Emission Standards for

Hazardous Air Pollutants for

Ferroalloys Production:

Ferromanganese and

Silicomanganese

40 CFR part 63, Subpart AAAA - National Emission Standards for

Hazardous Air Pollutants:

Municipal Solid Waste Landfills

40 CFR part 63, Subpart CCCC - National Emission Standards for

Hazardous Air Pollutants:

Manufacturing of Nutritional Yeast

40 CFR part 63, Subpart DDDD - National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products

40 CFR part 63, Subpart EEEE - National Emission Standards for

Hazardous Air Pollutants: Organic

Liquids Distribution (Non-Gasoline)

40 CFR part 63, Subpart FFFF - National Emission Standards for

Hazardous Air Pollutants:

Miscellaneous Organic Chemical

Manufacturing

40 CFR part 63, Subpart GGGG - National Emission Standards for

Hazardous Air Pollutants: Solvent

Extraction for Vegetable Oil

Production

40 CFR part 63, Subpart HHHH - National Emission Standards for

Hazardous Air Pollutants for Wet-

Formed Fiberglass Mat Production

40 CFR part 63, Subpart IIII - National Emission Standards for

Hazardous Air Pollutants: Surface

Coating of Automobiles and Light-

Duty Trucks

40 CFR part 63, Subpart JJJJ - National Emission Standards for

Hazardous Air Pollutants: Paper

and Other Web Coating

40 CFR part 63, Subpart KKKK - National Emission Standards for

Hazardous Air Pollutants: Surface

Coating of Metal Cans

40 CFR part 63, Subpart MMMM - National Emission Standards for

Hazardous Air Pollutants for Surface

Coating of Miscellaneous Metal

Parts and Products

40 CFR part 63, Subpart NNNN - National Emission Standards for

Hazardous Air Pollutants:

Surface Coating of Large

Appliances

40 CFR part 63, Subpart OOOO - National Emission Standards for

Hazardous Air Pollutants:

Printing, Coating, and Dyeing of

Fabrics and Other Textiles

40 CFR part 63, Subpart PPPP - National Emission Standards for

Hazardous Air Pollutants for Surface

Coating of Plastic Parts and Products

40 CFR part 63, Subpart QQQQ - National Emission Standards for

Hazardous Air Pollutants: Surface

Coating of Wood Building Products

40 CFR part 63, Subpart RRRR - National Emission Standards for

Hazardous Air Pollutants: Surface

Coating of Metal Furniture

40 CFR part 63, Subpart SSSS - National Emission Standards for

Hazardous Air Pollutants: Surface

Coating of Metal Coil

40 CFR part 63, Subpart TTTT - National Emission Standards for

Hazardous Air Pollutants for Leather

Finishing Operations

40 CFR part 63, Subpart UUUU - National Emission Standards for

Hazardous Air Pollutants for

Cellulose Products Manufacturing

40 CFR part 63, Subpart VVVV - National Emission Standards for

Hazardous Air Pollutants for Boat

Manufacturing

40 CFR part 63, Subpart WWWW - National Emissions Standards for

Hazardous Air Pollutants:

Reinforced Plastic Composites

Production

40 CFR part 63, Subpart XXXX - National Emission Standards for

Hazardous Air Pollutants: Rubber

Tire Manufacturing

40 CFR part 63, Subpart YYYY - National Emission Standards for

Hazardous Air Pollutants for

Stationary Combustion Turbines

40 CFR part 63, Subpart ZZZZ - National Emission Standards for

Hazardous Air Pollutants for

Stationary Reciprocating Internal

Combustion Engines

40 CFR part 63, Subpart AAAAA - National Emissions Standards for

Hazardous Air Pollutants for Lime

Manufacturing Plants

40 CFR part 63, Subpart BBBBB - National Emission Standards for

Hazardous Air Pollutants for

Semiconductor Manufacturing

40 CFR part 63, Subpart CCCCC - National Emission Standards for

Hazardous Air Pollutants for Coke

Ovens: Pushing, Quenching, and

Battery Stacks

40 CFR part 63, Subpart EEEEE - National Emission Standards for

Hazardous Air Pollutants for Iron

and Steel Foundries

40 CFR part 63, Subpart FFFFF - National Emission Standards for

Hazardous Air Pollutants for

Integrated Iron and Steel

Manufacturing Facilities

40 CFR part 63, Subpart GGGGG - National Emission Standards for

Hazardous Air Pollutants: Site

Remediation

40 CFR part 63, Subpart HHHHH - National Emission Standards for

Hazardous Air Pollutants:

Miscellaneous Coating

Manufacturing

40 CFR part 63, Subpart IIIII - National Emission Standards for

Hazardous Air Pollutants: Mercury

Emissions From Mercury Cell

Chlor-Alkali Plants

40 CFR part 63, Subpart JJJJJ - National Emission Standards for

Hazardous Air Pollutants for Brick

and Structural Clay Products

Manufacturing

40 CFR part 63, Subpart KKKKK - National Emission Standards for

Hazardous Air Pollutants for Clay

Ceramics Manufacturing

40 CFR part 63, Subpart LLLLL - National Emission Standards for

Hazardous Air Pollutants: Asphalt

Processing and Asphalt Roofing

Manufacturing

40 CFR part 63, Subpart MMMMM - National Emission Standards for

Hazardous Air Pollutants: Flexible

Polyurethane Foam Fabrication

Operations

40 CFR part 63, Subpart NNNNN - National Emission Standards for

Hazardous Air Pollutants:

Hydrochloric Acid Production

40 CFR part 63, Subpart PPPPP - National Emission Standards for

Hazardous Air Pollutants for

Engine Test Cells/Stands

40 CFR part 63, Subpart QQQQQ - National Emission Standards for

Hazardous Air Pollutants for

Friction Materials Manufacturing

Facilities

40 CFR part 63, Subpart RRRRR - National Emission Standards for

Hazardous Air Pollutants: Taconite

Iron Ore Processing

40 CFR part 63, Subpart SSSSS - National Emission Standards for

Hazardous Air Pollutants for

Refractory Products Manufacturing

40 CFR part 63, Subpart TTTTT - National Emissions Standards for

Hazardous Air Pollutants for Primary

Magnesium Refining

The following additional standards for hazardous air pollutants, not including later amendments, are adopted by reference from the Federal Register, as published by the National Archives and Records Administration. Federal Register publishing dates, volumes and pages for each standard are noted below:

September 13, 2004 40 CFR part 63 - National Emission Standards for

Vol. 69, P. 55218 Subpart DDDDD Hazardous Air Pollutants for

Industrial, Commercial, and

Institutional Boilers and Process

Heaters

(i) Designated Appendices: The following appendices are incorporated by reference under Section 4(a) of this Chapter. as revised and published as of July 1, 2004 2005, not including any later amendments, are adopted by reference. Copies of appendices are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division of Air Quality, 122 W. 25^th Street, Cheyenne, Wyoming 82002.

40 CFR part 63, Appendix A - Test Methods

40 CFR part 63, Appendix B - Sources Defined For Early Reduction Provisions

40 CFR part 63, Appendix C - Determination of the Fraction Biodegraded (F_bio) in a Biological Treatment Unit

40 CFR part 63, Appendix D - Alternative Validation Procedure for EPA Waste and Wastewater Methods

40 CFR part 63, Appendix E - Monitoring Procedure for Nonthoroughly Mixed Open Biological Treatment Systems at Kraft Pulp Mills Under Unsafe Sampling Conditions

(c) Word or Phrase Substitutions: In the standards designated in Chapter 5, Section 3(b) substitute:

(i) Chapter 5, Section 3 for Subpart A.

(ii) Chapter 5, Section 3(d) for 63.1.

(iii) Chapter 5, Section 3(e) for 63.2.

(iv) Chapter 5, Section 3(f) for 63.3.

(v) Chapter 5, Section 3(g) for 63.4.

(vi) Chapter 6, Section 5 for 63.5.

(vii) Chapter 5, Section 3(h) for 63.6.

(viii) Chapter 5, Section 3(i) for 63.7.

(ix) Chapter 5, Section 3(j) for 63.8.

(x) Chapter 5, Section 3(k) for 63.9.

(xi) Chapter 5, Section 3(l) for 63.10.

(xii) Chapter 5, Section 3(m) for 63.11.

(xiii) Chapter 5, Section 3(n) for 63.15.

(d) Applicability.

(i) General.

(A) Terms used throughout Chapter 5, Section 3 are defined in subsection (e) or in the Clean Air Act (Act) as amended in 1990, except that the individual subparts listed in subsection (b) and contained in 40 CFR part 63, may include specific definitions in addition to or that supersede definitions in subsection (e).

(B) No emission standard or other requirement established under this section shall be interpreted, construed, or applied to diminish or replace the requirements of a more stringent emission limitation or other applicable requirement established by EPA or the Administrator including the requirements in Chapter 5, Section 2, New Source Performance Standards, or any standard defined in the WAQSR.

(C) The provisions of this section apply to owners or operators who are subject to subsequent subparts listed in Chapter 5, Section 3(b), except when otherwise specified in a particular subpart or in a relevant standard. The provisions of Chapter 5, Section 3 eliminate the repetition of requirements applicable to all owners or operators affected by this section. The provisions in Chapter 5, Section 3 do not apply to regulations developed pursuant to section 112(r) of the amended Act, unless otherwise specified in those regulations.

(D) Subpart D of 40 CFR part 63 contains regulations that address procedures for an owner or operator to obtain an extension of compliance with a relevant standard through an early reduction of emissions of hazardous air pollutants pursuant to section 112(i)(5) of the Act.

(E) For the purposes of this section, time periods specified in days shall be measured in calendar days, even if the word “calendar” is absent, unless otherwise specified in an applicable requirement.

(F) For the purposes of this section, if an explicit postmark deadline is not specified in an applicable requirement for the submittal of a notification, application, test plan, report, or other written communication to the Administrator, the owner or operator shall postmark the submittal on or before the number of days specified in the applicable requirement. For example, if a notification must be submitted 15 days before a particular event is scheduled to take place, the notification shall be postmarked on or before 15 days preceding the event; likewise, if a notification must be submitted 15 days after a particular event takes place, the notification shall be postmarked on or before 15 days following the end of the event. The use of reliable non-Government mail carriers that provide indications of verifiable delivery of information required to be submitted to the Administrator, similar to the postmark provided by the U.S. Postal Service, or alternative means of delivery agreed to by the Administrator, is acceptable.

(G) Notwithstanding time periods or postmark deadlines specified in this section for the submittal of information to the Administrator by an owner or operator, or the review of such information by the Administrator, such time periods or deadlines may be changed by mutual agreement between the owner or operator and the Administrator. Procedures governing the implementation of this provision are specified in Chapter 5, Section 3(k)(ix).

(H) Special provisions set forth under an applicable subpart or in a relevant standard established under this section shall supersede any conflicting provisions of Chapter 5, Section 3.

(I) Any standards, limitations, prohibitions, or other federally enforceable requirements established pursuant to procedural regulations in this section [including, but not limited to, equivalent emission limitations established pursuant to section 112(g) of the Act] shall have the force and effect of requirements established in this section and shall be subject to the provisions of Chapter 5, Section 3, except when explicitly specified otherwise.

(ii) Initial Applicability Determination For This Section.

(A) The provisions of this section apply to the owner or operator of any stationary source that:

(I) Emits or has the potential to emit any hazardous air pollutant listed in or pursuant to section 112(b) of the Act, and identified below:

Cas AS Number	Chemical Name
75070	Acetaldehyde
60355	Acetamide
75058	Acetonitrile
98862	Acetophenone
53963	2-Acetylaminofluorene
107028	Acrolein
79061	Acrylamide
79107	Acrylic acid
107131	Acrylonitrile
107051	Allyl chloride
92671	4-Aminobiphenyl
62533	Aniline
90040	o-Anisidine
1332214	Asbestos
71432	Benzene (including benzene from gasoline)
92875	Benzidine
98077	Benzotrichloride
100447	Benzyl chloride
92524	Biphenyl
117817	Bis(2-ethylhexyl)phthalate (DEHP)
542881	Bis(chloromethyl)ether
75252	Bromoform
106990	1,3-Butadiene
156627	Calcium cyanamide
133062	Captan
63252	Carbaryl
75150	Carbon disulfide
56235	Carbon tetrachloride
463581	Carbonyl sulfide
120809	Catechol
133904	Chloramben
57749	Chlordane
7782505	Chlorine
79118	Chloroacetic acid
532274	2-Chloroacetophenone
108907	Chlorobenzene
510156	Chlorobenzilate
67663	Chloroform
107302	Chloromethyl methyl ether
126998	Chloroprene
1319773	Cresols/Cresylic acid (isomers and mixture)
95487	o-Cresol
108394	m-Cresol
106445	p-Cresol
98828	Cumene
94757	2,4-D, salts and esters
3547044	DDE
334883	Diazomethane
132649	Dibenzofurans
96128	1,2-Dibromo-3-chloropropane
84742	Dibutylphthalate
106467	1,4-Dichorobenzene(p)
91941	3,3-Dichlorobenzidene
111444	Dichloroethyl ether (Bis(2-chloroethyl)ether)
542756	1,3-Dichloropropene
62737	Dichlorvos
111422	Diethanolamine
121697	N,N-Diethyl aniline (N,N-Dimethylaniline)
64675	Diethyl sulfate
119904	3,3-Dimethoxybenzidine
60117	Dimethyl aminoazobenzene
119937	3,3-Dimethyl benzidine
79447	Dimethyl carbamoyl chloride
68122	Dimethyl formamide
57147	1,1-Dimethyl hydrazine
131113	Dimethyl phthalate
77781	Dimethyl sulfate
534521	4,6-Dinitro-o-cresol, and salts
51285	2,4-Dinitrophenol
121142	2,4-Dinitrotoluene
123911	1,4-Dioxane (1,4-Diethyleneoxide)
122667	1,2-Diphenylhydrazine
106898	Epichlorohydrin (l-Chloro-2,3-epoxypropane)
106887	1,2-Epoxybutane
140885	Ethyl acrylate
100414	Ethyl benzene
51796	Ethyl carbamate (Urethane)
75003	Ethyl chloride (Chloroethane)
106934	Ethylene dibromide (Dibromoethane)
107062	Ethylene dichloride (1,2-Dichloroethane)
107211	Ethylene glycol
151564	Ethylene imine (Aziridine)
75218	Ethylene oxide
96457	Ethylene thiourea
75343	Ethylidene dichloride (1,1-Dichloroethane)
50000	Formaldehyde
76448	Heptachlor
118741	Hexachlorobenzene
87683	Hexachlorobutadiene
77474	Hexachlorocyclopentadiene
67721	Hexachloroethane
822060	Hexamethylene-1, 6-diisocyanate
680319	Hexamethylphosphoramide
110543	Hexane
302012	Hydrazine
7647010	Hydrochloric acid
7664393	Hydrogen fluoride (Hydrofluoric acid)
123319	Hydroquinone
78591	Isophorone
58899	Lindane (all isomers)
108316	Maleic anhydride
67561	Methanol
72435	Methoxychlor
74839	Methyl bromide (Bromomethane)
74873	Methyl chloride (Chloromethane)
71556	Methyl chloroform (1,1,1-Trichloroethane)
~~78933~~	~~Methyl ethyl ketone (2-Butanone)~~
60344	Methyl hydrazine
74884	Methyl iodide (Iodomethane)
108101	Methyl isobutyl ketone (Hexone)
624839	Methyl isocyanate
80626	Methyl methacrylate
1634044	Methyl tert butyl ether
101144	4,4-Methylene bis(2-chloroaniline)
75092	Methylene chloride (Dichloromethane)
101688	Methylene diphenyl diisocyanate (MDI)
101779	4,4-Methylenedianiline
91203	Naphthalene
98953	Nitrobenzene
92933	4-Nitrobiphenyl
100027	4-Nitrophenol
79469	2-Nitropropane
684935	N-Nitroso-N-methylurea
62759	N-Nitrosodimethylamine
59892	N-Nitrosomorpholine
56382	Parathion
82688	Pentachloronitrobenzene (Quintobenzene)
87865	Pentachlorophenol
108952	Phenol
106503	p-Phenylenediamine
75445	Phosgene
7803512	Phosphine
7723140	Phosphorus
85449	Phthalic anhydride
1336363	Polychlorinated biphenyls (Aroclors)
1120714	1,3-Propane sultone
57578	beta-Propiolactone
123386	Propionaldehyde
114261	Propoxur (Baygon)
78875	Propylene dichloride (1,2-Dichloropropane)
75569	Propylene oxide
75558	1,2-Propylenimine (2-Methyl aziridine)
91225	Quinoline
106514	Quinone
100425	Styrene
96093	Styrene oxide
1746016	2,3,7,8-Tetrachlorodibenzo-p-dioxin
79345	1,1,2,2-Tetrachloroethane
127184	Tetrachloroethylene (Perchloroethylene)
7550450	Titanium tetrachloride
108883	Toluene
95807	2,4-Toluene diamine
584849	2,4-Toluene diisocyanate
95534	o-Toluidine
8001352	Toxaphene (chlorinated camphene)
120821	1,2,4-Trichlorobenzene
79005	1,1,2-Trichloroethane
79016	Trichloroethylene
95954	2,4,5-Trichlorophenol
88062	2,4,6-Trichlorophenol
121448	Triethylamine
1582098	Trifluralin
540841	2,2,4-Trimethylpentane
108054	Vinyl acetate
593602	Vinyl bromide
75014	Vinyl chloride
75354	Vinylidene chloride (1,1-Dichloroethylene)
95476	o-Xylenes
108383	m-Xylenes
106423	p-Xylenes
0	Antimony Compounds
0	Arsenic Compounds (inorganic including arsine)
0	Beryllium Compounds
0	Cadmium Compounds
0	Chromium Compounds
0	Cobalt Compounds
0	Coke Oven Emissions
0	Cyanide Compounds *1
0	Glycol ethers *2
0	Lead Compounds
0	Manganese Compounds
0	Mercury Compounds
0	Fine mineral fibers *3
0	Nickel Compounds
0	Polycylic Organic Matter *4
0	Radionuclides (including radon) *5
0	Selenium Compounds

NOTE: For all listings above which contain the word “compounds” and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical’s infrastructure.

*1 X'CN where X=H' or any other group where a formal dissociation may occur. For example KCN or Ca(CN)₂

*2 Includes mono- and di- ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH₂CH₂)n-OR' where

n = 1, 2, or 3

R = alkyl or aryl groups

R' = R, H, or groups which, when removed, yield glycol ethers with the structure: R-(OCH₂CH)n-OH. Polymers are excluded from the glycol category.

*3 Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter 1 micrometer or less.

*4 Includes organic compounds with more than one benzene ring, and which have a boiling point greater than or equal to 100°C.

*5 A type of atom which spontaneously undergoes radioactive decay.

and,

(II) Is subject to any standard, limitation, prohibition, or other federally enforceable requirement established pursuant to 40 CFR part 63.

(B) In addition to complying with the provisions of this section, the owner or operator of any such source may be required to obtain an operating permit issued in accordance with Chapter 6, Section 3 of the WAQSR.

(C) An owner or operator of a stationary source that emits (or has the potential to emit, without considering controls) one or more hazardous air pollutants who determines that the source is not subject to a relevant standard or other requirement established under this section, shall keep a record of the applicability determination as specified in Chapter 5, Section 3(l)(ii)(C).

(iii) Applicability of This Section After a Relevant Standard Has Been Set.

(A) If a relevant standard has been established under this section, the owner or operator of an affected source shall comply with the provisions of this section and the provisions of that standard, except as specified otherwise in this section or that standard.

(B) If a relevant standard has been established under this section, the owner or operator of an affected source may be required to obtain an operating permit in accordance with Chapter 6, Section 3. Emission standards established in this section for area sources will specify whether:

(I) The Administrator will have the option to exclude area sources affected by that standard from the requirement to obtain an operating permit (i.e., the standard will exempt the category of area sources altogether from the permitting requirement);

(II) The Administrator will have the option to defer permitting of area sources in that category until the EPA takes rulemaking action to determine applicability of the permitting requirements; or

(III) Area sources affected by that emission standard are immediately subject to the requirement to apply for and obtain an operating permit. If a standard fails to specify what the permitting requirements will be for area sources affected by that standard, then area sources that are subject to the standard will be subject to the requirements to obtain an operating permit without deferral. If the owner or operator is required to obtain an operating permit, the application for such a permit shall be in accordance with Chapter 6, Section 3 of the WAQSR.

(C) If the owner or operator of an existing source obtains an extension of compliance for such source in accordance with the provisions of 40 CFR part 63, Subpart D, the owner or operator shall comply with all requirements of this section except those requirements that are specifically overridden in the extension of compliance for that source.

(D) If an area source that otherwise would be subject to an emission standard or other requirement established under this section if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source that is subject to the emission standard or other requirement, such source also shall be subject to the notification requirements of this section.

(iv) Applicability of Permit Program Before a Relevant Standard Has Been Set Under This Section. The owner or operator of a stationary source located or proposed for location in Wyoming may be required to obtain an operating permit in accordance with Chapter 6, Section 3 (or revise such a permit if one has already been issued to the source) before a relevant standard is established under this section.

(e) Definitions. The terms used in this section and the designated subparts are defined in the Act or in this subsection as follows:

“Act” means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by Pub. L. 101-549, 104 Stat. 2399).

“Actual emissions” is defined in 40 CFR part 63, Subpart D for the purpose of granting a compliance extension for an early reduction of hazardous air pollutants.

“Administrator” means the Administrator of the Division of Air Quality, Wyoming Department of Environmental Quality.

“Affected source”, for the purposes of this section, means the stationary source, the group of stationary sources, or the portion of a stationary source that is regulated by a relevant standard or other requirement established pursuant to section 112 of the Act. Each relevant standard will define the “affected source” for the purposes of that standard. The term “affected source”, as used in this section, is separate and distinct from any other use of that term in EPA regulations. Sources regulated under Chapter 5, Section 2 of these regulations are not affected sources for the purposes of Chapter 5, Section 3.

“Alternative emission limitation” means conditions established pursuant to sections 112(i)(5) or 112(i)(6) of the Act by the EPA or the Administrator.

“Alternative emission standard” means an alternative means of emission limitation that, after notice and opportunity for public comment, has been demonstrated by an owner or operator to the Administrator’s satisfaction to achieve a reduction in emissions of any air pollutant at least equivalent to the reduction in emissions of such pollutant achieved under a relevant design, equipment, work practice, or operational emission standard, or combination thereof, established under this section pursuant to section 112(h) of the Act.

“Alternative test method” means any method of sampling and analyzing for an air pollutant that is not a test method in 40 CFR part 63 and that has been demonstrated to the Administrator’s satisfaction, using Method 301 in 40 CFR part 63, Appendix A, to produce results adequate for the Administrator’s determination that it may be used in place of a test method specified in this section.

“Area source” means any stationary source of hazardous air pollutants that is not a major source as defined in this section.

“Commenced” means, with respect to construction or reconstruction of a stationary source, that an owner or operator has undertaken a continuous program of construction or reconstruction or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or reconstruction.

“Compliance date” means the date by which an affected source is required to be in compliance with a relevant standard, limitation, prohibition, or any federally enforceable requirement established by the EPA or the Administrator pursuant to section 112 of the Act.

“Compliance plan” means a plan that contains all of the following:

(i) A description of the compliance status of the affected source with respect to all applicable requirements established under this section;

(ii) A description as follows:

(A) For applicable requirements for which the source is in compliance, a statement that the source will continue to comply with such requirements;

(B) For applicable requirements that the source is required to comply with by a future date, a statement that the source will meet such requirements on a timely basis;

(C) For applicable requirements for which the source is not in compliance, a narrative description of how the source will achieve compliance with such requirements on a timely basis;

(iii) A compliance schedule, as defined in this subsection; and

(iv) A schedule for the submission of certified progress reports no less frequently than every 6 months for affected sources required to have a schedule of compliance to remedy a violation.

“Compliance schedule” means:

(i) In the case of an affected source that is in compliance with all applicable requirements established under this section, statement that the source will continue to comply with such requirements; or

(ii) In the case of an affected source that is required to comply with applicable requirements by a future date, a statement that the source will meet such requirements on a timely basis and, if required by an applicable requirement, a detailed schedule of the dates by which each step toward compliance will be reached; or

(iii) In the case of an affected source not in compliance with all applicable requirements established under this section, a schedule of remedial measures, including an enforceable sequence of actions or operations with milestones and a schedule for the submission of certified progress reports, where applicable, leading to compliance with a relevant standard, limitation, prohibition, or any federally enforceable requirement established pursuant to section 112 of the Act for which the affected source is not in compliance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.

“Construction” means the on-site fabrication, erection, or installation of an affected source.

“Continuous emission monitoring system” (CEMS) means the total equipment that may be required to meet the data acquisition and availability requirements of this section, used to sample, condition (if applicable), analyze, and provide a record of emissions.

“Continuous monitoring system” (CMS) is a comprehensive term that may include, but is not limited to, continuous emission monitoring systems, continuous opacity monitoring systems, continuous parameter monitoring systems, or other manual or automatic monitoring that is used for demonstrating compliance with an applicable regulation on a continuous basis as defined by the regulation.

“Continuous opacity monitoring system” (COMS) means a continuous monitoring system that measures the opacity of emissions.

“Continuous parameter monitoring system” means the total equipment that may be required to meet the data acquisition and availability requirements of this section, used to sample, condition (if applicable), analyze, and provide a record of process or control system parameters.

“Effective date” means:

(i) With regard to an emission standard in this section, the date of promulgation in the Federal Register. The effective date is designated in the applicable subparts of the national emission standards for hazardous air pollutants (NESHAP) referenced in Chapter 5, Section 3(b) and contained in 40 CFR part 63, or

(ii) With regard to an alternative emission limitation or equivalent emission limitation determined by the Administrator, the date that the alternative emission limitation or equivalent emission limitation becomes effective according to the provisions of this section.

“Emission standard” means a national standard, limitation, prohibition, or other regulation promulgated in a subpart of this section pursuant to sections 112(d), 112(h), or 112(f) of the Act.

“Emissions averaging” is a way to comply with the emission limitations specified in a relevant standard, whereby an affected source, if allowed under a subpart of this section, may create emission credits by reducing emissions from specific points to a level below that required by the relevant standard, and those credits are used to offset emissions from points that are not controlled to the level required by the relevant standard.

“EPA” means the Administrator of the United States Environmental Protection Agency or the Administrator’s designee.

“Equivalent emission limitation” means the maximum achievable control technology emission limitation (MACT emission limitation) for hazardous air pollutants that the Administrator determines on a case-by-case basis, pursuant to section 112(g) or section 112(j) of the Act, to be equivalent to the emission standard that would apply to an affected source if such standard had been promulgated by the EPA under 40 CFR part 63 pursuant to section 112(d) or section 112(h) of the Act.

“Excess emissions and continuous monitoring system performance report” is a report that must be submitted periodically by an affected source in order to provide data on its compliance with relevant emission limits, operating parameters, and the performance of its continuous parameter monitoring systems.

“Existing source” means any affected source that is not a new source.

“Federally enforceable” means all limitations and conditions that are enforceable by the EPA and citizens under the Act or that are enforceable under other statutes administered by the EPA.

“Fixed capital cost” means the capital needed to provide all the depreciable components of an existing source.

“Fugitive emissions” means those emissions from a stationary source that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. Under section 112 of the Act, all fugitive emissions are to be considered in determining whether a stationary source is a major source.

“Hazardous air pollutant” means any air pollutant listed in or pursuant to section 112(b) of the Act, and listed in subsection (d)(ii)(A)(I) of this section.

“Issuance” of an operating permit will occur, in accordance with Chapter 6, Section 3.

“Lesser quantity” means a quantity of a hazardous air pollutant that is or may be emitted by a stationary source that the EPA establishes in order to define a major source under an applicable subpart of this section.

“Major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants, unless the EPA establishes a lesser quantity, or in the case of radionuclides, different criteria from those specified in this sentence.

“New source” means any affected source the construction or reconstruction of which is commended after the EPA first proposes a relevant emission standard under 40 CFR part 63.

“One-hour period”, unless otherwise defined in an applicable subpart, means any 60-minute period commencing on the hour.

“Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. For continuous opacity monitoring systems, opacity means the fraction of incident light that is attenuated by an optical medium.

“Operating permit” or “part 70 permit” means any permit or group of permits covering a source under Chapter 6, Section 3 that is issued, renewed, amended, or revised pursuant to Chapter 6, Section 3.

“Owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source.

“Performance audit” means a procedure to analyze blind samples, the content of which is known by the Administrator, simultaneously with the analysis of performance test samples in order to provide a measure of test data quality.

“Performance evaluation” means the conduct of relative accuracy testing, calibration error testing, and other measurements used in validating the continuous monitoring system data.

“Performance test” means the collection of data resulting from the execution of a test method (usually three emission test runs) used to demonstrate compliance with a relevant emission standard as specified in the performance test section of the relevant standard.

“Permit modification” means a change to an operating permit as defined in Chapter 6, Section 3 of the WAQSR.

“Permit program” means the comprehensive State operating permit system established pursuant to title V of the Act (42 U.S.C. 7661) and regulations in Chapter 6, Section 3.

“Permit revision” means any permit modification or administrative permit amendment to an operating permit as defined in Chapter 6, Section 3.

“Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable.

“Reconstruction” means the replacement of components of an affected or a previously unaffected stationary source to such an extent that:

(i) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable new source; and

(ii) It is technologically and economically feasible for the reconstructed source to meet the relevant standard(s) established by the EPA pursuant to section 112 of the Act. Upon reconstruction, an affected source, or a stationary source that becomes an affected source, is subject to relevant standards for new sources, including compliance dates, irrespective of any change in emissions of hazardous air pollutants from that source.

“Regulation promulgation schedule” means the schedule for the promulgation of emission standards under 40 CFR part 63, established by the EPA pursuant to section 112(e) of the Act and published in the Federal Register.

“Relevant standard” means:

(i) An emission standard;

(ii) An alternative emission standard;

(iii) An alternative emission limitation; or

(iv) An equivalent emission limitation established pursuant to section 112 of the Act that applies to the stationary source, the group of stationary sources, or the portion of a stationary source regulated by such standard or limitation.

A relevant standard may include or consist of a design, equipment, work practice, or operational requirement, or other measure, process, method, system, or technique (including prohibition of emissions) that the EPA establishes for new or existing sources to which such standard or limitation applies. Every relevant standard established pursuant to section 112 of the Act includes the provisions of Chapter 5, Section 3 and all applicable appendices that are referenced in that standard.

“Responsible official” means one of the following:

(i) For a Corporation: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities and either:

(A) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second Quarter 1980 dollars); or

(B) The delegation of authority to such representative is approved in advance by the Administrator.

(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 section, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the EPA).

(iv) For Affected Sources (as defined in this section) Applying for or Subject to an Operating Permit: “responsible official” shall have the same meaning as defined in Chapter 6, Section 3.

“Run” means one of a series of emission or other measurements needed to determine emissions for a representative operating period or cycle as specified in this section.

“Shutdown” means the cessation of operation of an affected source for any purpose.

“Six-minute period” means, with respect to opacity determinations, any one of the 10 equal parts of a 1-hour period.

“Standard conditions” means a temperature of 293°K (68°F) and a pressure of 101.3 Kilopascals of Hg (29.92 in. of Hg).

“Startup” means the setting in operation of an affected source for any purpose.

“State” means the State of Wyoming.

“Stationary source” means any building, structure, facility, or installation which emits or may emit any air pollutant.

“Test method” means the validated procedure for sampling, preparing, and analyzing for an air pollutant specified in a relevant standard as the performance test procedure. The test method may include methods described in an appendix of 40 CFR part 63 or methods validated for an application through procedures in Method 301 of 40 CFR part 63, Appendix A.

“Visible emission” means the observation of an emission of opacity or optical density above the threshold of vision.

“WAQSR” means the Wyoming Air Quality Standards and Regulations promulgated under the Wyoming Environmental Quality Act, W.S. §35-11-101 et seq.

(f) Units and Abbreviations. The abbreviations and symbols for the units of measure used in this section, are defined as follows:

(i) System International (SI) Units of Measure:

A = ampere

g = gram

Hz = hertz

J = joule

°K = degree Kelvin

kg = kilogram

l = liter

m = meter

m³ = cubic meter

mg = milligram = 10^-3 gram

ml = milliliter = 10^-3 liter

mm = millimeter = 10^-3 meter

Mg = megagram = 10⁶ gram = metric ton

MJ = megajoule

mol = mole

N = newton

ng = nanogram = 10^-9 gram

nm = nanometer = 10^-9 meter

Pa = pascal

s = second

V = volt

W = watt

Ω = ohm

µg = microgram = 10^-6 gram

µl = microliter = 10^-6 liter

(ii) Other Units of Measure:

Btu = British thermal unit

°C = degree Celsius (centigrade)

cal = calorie

cfm = cubic feet per minute

cc = cubic centimeter

cu ft = cubic feet

d = day

dcf = dry cubic feet

dcm = dry cubic meter

dscf = dry cubic feet at standard conditions

dscm = dry cubic meter at standard conditions

eq = equivalent

°F = degree Fahrenheit

ft = feet

ft² = square feet

ft³ = cubic feet

gal = gallon

gr = grain

g-eq = gram equivalent

g-mole = gram mole

hr = hour

in. = inch

in. H₂O = inches of water

K = 1,000

kcal = kilocalorie

lb = pound

lpm = liter per minute

meq = milliequivalent

min = minute

MW = molecular weight

oz = ounces

ppb = parts per billion

ppbw = parts per billion by weight

ppbv = parts per billion by volume

ppm = parts per million

ppmw = parts per million by weight

ppmv = parts per million by volume

psia = pounds per square inch absolute

psig = pounds per square inch gage

°R = degree Rankine

scf = cubic feet at standard conditions

scfh = cubic feet at standard conditions per hour

scm = cubic meter at standard conditions

sec = second

sq ft = square feet

std = at standard conditions

v/v = volume per volume

yd² = square yards

yr = year

(iii) Miscellaneous:

act = actual

avg = average

I.D. = inside diameter

M = molar

N = normal

O.D. = outside diameter

% = percent

(g) Prohibited Activities and Circumvention.

(i) Prohibited Activities.

(A) No owner or operator subject to the provisions of this section shall operate any affected source in violation of the requirements of this section except under:

(I) An extension of compliance granted by the EPA under this section; or

(II) An extension of compliance granted under this section by the Administrator; or

(III) An exemption from compliance granted by the President under section 112(i)(4) of the Act.

(B) No owner or operator subject to the provisions of this section shall fail to keep records, notify, report, or revise reports as required under this section.

(C) No owner or operator of an affected source, who is required under this section to obtain an operating permit, shall operate such source except in compliance with the provisions of this section and the applicable requirements of Chapter 6, Section 3.

(D) An owner or operator of an affected source who is subject to an emission standard promulgated under this section shall comply with the requirements of that standard by the date(s) established in the applicable subpart(s) of this section regardless of whether:

(I) An operating permit has been issued to that source; or

(II) If an operating permit has been issued to that source, whether such permit has been revised or modified to incorporate the emission standard.

(ii) Circumvention. No owner or operator subject to the provisions of this section shall build, erect, install, or use any article, machine, equipment, or process to conceal an emission that would otherwise constitute noncompliance with a relevant standard. Such concealment includes, but is not limited to:

(A) The use of diluents to achieve compliance with a relevant standard based on the concentration of a pollutant in the effluent discharged to the atmosphere;

(B) The use of gaseous diluents to achieve compliance with a relevant standard for visible emissions; and

(iii) Severability. Notwithstanding any requirement incorporated into an operating permit obtained by an owner or operator subject to the provisions of this section, the provisions of this section are federally enforceable.

(h) Compliance With Standards and Maintenance Requirements.

(i) Applicability.

(A) The requirements in this subsection apply to owners or operators of affected sources for which any relevant standard has been established pursuant to section 112 of the Act unless:

(I) The Administrator has granted an extension of compliance consistent with paragraph (viii) of this subsection; or

(II) The President has granted an exemption from compliance with any relevant standard in accordance with section 112(i)(4) of the Act.

(B) If an area source that otherwise would be subject to an emission standard or other requirement established under this section if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source, such source shall be subject to the relevant emission standard or other requirement.

(ii) Compliance Dates for New and Reconstructed Sources.

(A) Except as specified in paragraphs (ii)(C) and (ii)(D) of this subsection, the owner or operator of a new or reconstructed source that has an initial startup before the effective date of a relevant standard established under this section pursuant to sections 112(d), 112(f), or 112(h) of the Act shall comply with such standard not later than the standard’s effective date.

(B) Except as specified in paragraphs (ii)(C) and (ii)(D) of this subsection, the owner or operator of a new or reconstructed source that has an initial startup after the effective date of a relevant standard established under this section pursuant to sections 112(d), 112(f), or 112(h) of the Act shall comply with such standard upon startup of the source.

(C) The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established under this section pursuant to sections 112(d), 112(f), or 112(h) of the Act but before the effective date (that is, promulgation) of such standard shall comply with the relevant emission standard not later than the date 3 years after the effective date if:

(I) The promulgated standard (that is, the relevant standard) is more stringent than the proposed standard; and

(II) The owner or operator complies with the standard as proposed during the 3-year period immediately after the effective date.

(D) The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established pursuant to section 112(d) of the Act but before the proposal date of a relevant standard established pursuant to section 112(f) shall comply with the emission standard under section 112(f) not later than the date 10 years after the date construction or reconstruction is commenced, except that, if the section 112(f) standard is promulgated more than 10 years after construction or reconstruction is commenced, the owner or operator shall comply with the standard as provided in paragraphs (ii)(A) and (ii)(B) of this subsection.

(E) The owner or operator of a new source that is subject to the compliance requirements of paragraph (ii)(C) or paragraph (ii)(D) of this subsection shall notify the Administrator in accordance with subsection (k)(iv) of this section.

(F) After the effective date of an emission standard promulgated under this section, the owner or operator of an unaffected new area source (i.e., an area source for which construction or reconstruction was commenced after the proposal date of the standard) that increases its emissions of (or its potential to emit) hazardous air pollutants such that the source becomes a major source that is subject to the emission standard, shall comply with the relevant emission standard immediately upon becoming a major source. This compliance date shall apply to new area sources that become affected major sources regardless of whether the new area source previously was affected by that standard. The new affected major source shall comply with all requirements of that standard that affect new sources.

(iii) Compliance Dates for Existing Sources.

(A) After the effective date of a relevant standard established under this section pursuant to section 112(d) or 112(h) of the Act, the owner or operator of an existing source shall comply with such standard by the compliance date in the applicable subpart(s) of this section. Except as otherwise provided for in section 112 of the Act, in no case will the compliance date established for an existing source in an applicable subpart of this section exceed 3 years after the effective date of such standard.

(B) After the effective date of a relevant standard established under this section pursuant to section 112(f) of the Act, the owner or operator of an existing source shall comply with such standard not later than 90 days after the standard’s effective date unless the Administrator has granted an extension to the source under paragraph (viii)(D)(II) of this subsection.

(C) After the effective date of an emission standard promulgated under this section, the owner or operator of an unaffected existing area source that increases its emissions of (or its potential to emit) hazardous air pollutants such that the source becomes a major source that is subject to the emission standard shall comply by the date specified in the standard for existing area sources that become major sources. If no such compliance date is specified in the standard, the source shall have a period of time to comply with the relevant emission standard that is equivalent to the compliance period specified in that standard for other existing sources. This compliance period shall apply to existing area sources that become affected major sources regardless of whether the existing area source previously was affected by that standard. Notwithstanding the previous two sentences, however, if the existing area source becomes a major source by the addition of a new affected source or by reconstructing, the portion of the existing facility that is a new affected source or a reconstructed source shall comply with all requirements of that standard that affect new sources, including the compliance date for new sources.

(iv) Operation and Maintenance Requirements.

(A) (I) At all times, including periods of startup, shutdown, and malfunction, owners or operators shall operate and maintain any affected source, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by all relevant standards.

(II) Malfunctions shall be corrected as soon as practicable after their occurrence in accordance with the startup, shutdown, and malfunction plan required in paragraph (iv)(C) of this subsection.

(III) Operation and maintenance requirements established pursuant to section 112 of the Act are enforceable independent of emissions limitations or other requirements in relevant standards.

(B) Determination of whether acceptable operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures [including the startup, shutdown, and malfunction plan required in paragraph (iv)(C) of this subsection], review of operation and maintenance records, and inspection of the source.

(I) The owner or operator of an affected source shall develop and implement a written startup, shutdown, and malfunction plan that describes, in detail, procedures for operating and maintaining the source during periods of startup, shutdown, and malfunction and a program of corrective action for malfunctioning process and air pollution control equipment used to comply with the relevant standard. As required under subsection (k)(iii)(A)(I), the plan shall identify all routine or otherwise predictable CMS malfunctions. This plan shall be developed by the owner or operator by the source’s compliance date for that relevant standard. The plan shall be incorporated by reference into the source’s operating permit. The purpose of the startup, shutdown, and malfunction plan is to:

(1.) Ensure that, at all times, owners or operators operate and maintain affected sources, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by all relevant standards;

(2.) Ensure that owners or operators are prepared to correct malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of hazardous air pollutants; and

(3.) Reduce the reporting burden associated with periods of startup, shutdown, and malfunction (including corrective action taken to restore malfunctioning process and air pollution control equipment to its normal or usual manner of operation).

(II) During periods of startup, shutdown, and malfunction, the owner or operator of an affected source shall operate and maintain such source (including associated air pollution control equipment) in accordance with the procedures specified in the startup, shutdown, and malfunction plan developed under paragraph (iv)(C)(I) of this subsection.

(III) When actions taken by the owner or operator during a startup, shutdown, or malfunction (including actions taken to correct a malfunction) are consistent with the procedures specified in the affected source’s startup, shutdown, and malfunction plan, the owner or operator shall keep records for that event that demonstrate that the procedures specified in the plan were followed. These records may take the form of a “checklist”, or other effective form of recordkeeping, that confirms conformance with the startup, shutdown, and malfunction plan for that event. In addition, the owner or operator shall keep records of these events as specified in subsection (l)(ii) (and elsewhere in this section) including records of the occurrence and duration of each startup, shutdown, or malfunction of operation and each malfunction of the air pollution control equipment. Furthermore, the owner or operator shall confirm that actions taken during the relevant reporting period during periods of startup, shutdown, and malfunction were consistent with the affected source’s startup, shutdown and malfunction plan in the semiannual (or more frequent) startup, shutdown, and malfunction report required in subsection (l)(iv)(E).

(IV) If an action taken by the owner or operator during a startup, shutdown, or malfunction (including an action taken to correct a malfunction) is not consistent with the procedures specified in the affected source’s startup, shutdown, and malfunction plan, the owner or operator shall record the actions taken for that event and shall report such actions with 24 hours after commencing actions inconsistent with the plan, followed by a letter within 7 working days after the end of the event, in accordance with subsection (l)(iv)(E) (unless the owner or operator makes alternative reporting arrangements, in advance, with the Administrator [see subsection (l)(iv)(E)(II)].

(V) The owner or operator shall keep the written startup, shutdown, and malfunction plan on record after it is developed to be made available for inspection, upon request, by the Administrator for the life of the affected source or until the affected source is no longer subject to the provisions of this section. In addition, if the startup, shutdown, and malfunction plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the startup, shutdown, and malfunction plan on record, to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan.

(VI) To satisfy the requirements of this subsection to develop a startup, shutdown, and malfunction plan, the owner or operator may use the affected source’s standard operating procedures (SOP) manual, or an Occupational Safety and Health Administration (OSHA) or other plan, provided the alternative plans meet all the requirements of this subsection and are made available for inspection when requested by the Administrator.

(VII) Based on the results of a determination made under paragraph (iv)(B) of this subsection, the Administrator may require that an owner or operator of an affected source make changes to the startup, shutdown, and malfunction plan for that source. The Administrator may require reasonable revisions to a startup, shutdown, and malfunction plan, if the Administrator finds that the plan:

(1.) Does not address a startup, shutdown, or malfunction event that has occurred;

(2.) Fails to provide for the operation of the source (including associated air pollution control equipment) during a startup, shutdown, or malfunction event in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by all relevant standards; or

(3.) Does not provide adequate procedures for correcting malfunctioning process and/or air pollution control equipment as quickly as practicable.

(VIII) If the startup, shutdown, and malfunction plan fails to address or inadequately addresses an event that meets the characteristics of a malfunction but was not included in the startup, shutdown, and malfunction plan at the time the owner or operator developed the plan, the owner or operator shall revise the startup, shutdown, and malfunction plan within 45 days after the event to include detailed procedures for operating and maintaining the source during similar malfunction events and a program of corrective action for similar malfunctions of process or air pollution control equipment.

(v) Compliance With Nonopacity Emission Standards.

(A) Applicability. The nonopacity emission standards set forth in this section shall apply at all times except during periods of startup, shutdown, and malfunction, and as otherwise specified in an applicable subpart.

(B) Methods for Determining Compliance.

(I) The Administrator will determine compliance with nonopacity emission standards in this section based on the results of performance tests conducted according to the procedures in subsection (i), unless otherwise specified in an applicable subpart of this section.

(II) The Administrator will determine compliance with nonopacity emission standards in this section by evaluation of an owner or operator’s conformance with operation and maintenance requirements, including the evaluation of monitoring data, as specified in subsection (h)(iv) and applicable subparts of this section.

(III) If an affected source conducts performance testing at startup to obtain an operating permit in the State, the results of such testing may be used to demonstrate compliance with a relevant standard if:

(1.) The performance test was conducted within a reasonable amount of time before an initial performance test is required to be conducted under the relevant standard;

(2.) The performance test was conducted under representative operating conditions for the source;

(3.) The performance test was conducted and the resulting data were reduced using EPA-approved test methods and procedures, as specified in subsection (i)(v) of this section; and

(4.) The performance test was appropriately quality-assured, as specified in subsection (i)(iii) of this section.

(IV) The Administrator will determine compliance with design, equipment, work practice, or operational emission standards in this section by review of records, inspection of the source, and other procedures specified in applicable subparts of this section.

(V) The Administrator will determine compliance with design, equipment, work practice, or operational emission standards in this section by evaluation of an owner or operator’s conformance with operation and maintenance requirements, as specified in paragraph (iv) of this section and applicable subparts of this section.

(C) Finding of compliance. The Administrator will make a finding concerning an affected source’s compliance with a nonopacity emission standard, as specified in paragraphs (v)(A) and (v)(B) of this subsection, upon obtaining all the compliance information required by the relevant standard (including the written reports of performance test results, monitoring results, and other information, if applicable) and any information available to the Administrator needed to determine whether proper operation and maintenance practices are being used.

(vi) Use of an Alternative Nonopacity Emission Standard.

(A) If, in the EPA’s judgment, an owner or operator of an affected source has established that an alternative means of emission limitation will achieve a reduction in emissions of a hazardous air pollutant from an affected source at least equivalent to the reduction in emissions of that pollutant from that source achieved under any design, equipment, work practice, or operational emission standard, or combination thereof, established under this section, pursuant to section 112(h) of the Act, the EPA will publish in the Federal Register a notice permitting the use of the alternative emission standard for purposes of compliance with the promulgated standard. Any Federal Register notice under this paragraph shall be published only after the public is notified and given the opportunity to comment. Such notice will restrict the permission to the stationary source(s) or category(ies) of sources from which the alternative emission standard will achieve equivalent emission reductions. The EPA will condition permission in such notice on requirements to assure the proper operation and maintenance of equipment and practices required for compliance with the alternative emission standard and other requirements, including appropriate quality assurance and quality control requirements, that are deemed necessary.

(B) An owner or operator requesting permission under this paragraph shall, unless otherwise specified in an applicable subpart, submit a proposed test plan or the results of testing and monitoring in accordance with subsection (i) and subsection (j), a description of the procedures followed in testing or monitoring, and a description of pertinent conditions during testing or monitoring. Any testing or monitoring conducted to request permission to use an alternative nonopacity emission standard shall be appropriately quality assured and quality controlled, as specified in subsection (i) and subsection (j).

(C) The EPA may establish general procedures in an applicable subpart that accomplish the requirements of paragraphs (vi)(A) and (vi)(B) of this subsection.

(vii) Compliance With Opacity and Visible Emission Standards.

(A) Applicability. The opacity and visible emission standards set forth in this section shall apply at all times except during periods of startup, shutdown, and malfunction, and as otherwise specified in an applicable subpart.

(B) Methods for Determining Compliance.

(I) The Administrator will determine compliance with opacity and visible emission standards in this section based on the results of the test method specified in an applicable subpart. Whenever a continuous opacity monitoring system (COMS) is required to be installed to determine compliance with numerical opacity emission standards in this section, compliance with opacity emission standards in this section shall be determined by using the results from the COMS. Whenever an opacity emission test method is not specified, compliance with opacity emission standards in this section shall be determined by conducting observations in accordance with Test Method 9 in 40 CFR part 60, Appendix A or the method specified in paragraph (vii)(F)(II) of this subsection. Whenever a visible emission test method is not specified, compliance with visible emission standards in this section shall be determined by conducting observations in accordance with Test Method 22 in 40 CFR part 60, Appendix A.

(II) If an affected source undergoes opacity or visible emission testing at startup to obtain an operating permit in the State, the results of such testing may be used to demonstrate compliance with a relevant standard if:

(1.) The opacity or visible emission test was conducted within a reasonable amount of time before a performance test is required to be conducted under the relevant standard;

(2.) The opacity or visible emission test was conducted under representative operating conditions for the source;

(3.) The opacity or visible emission test was conducted and the resulting data were reduced using EPA-approved test methods and procedures, as specified in subsection (i)(v) of this section; and

(4.) The opacity or visible emission test was appropriately quality-assured, as specified in subsection (i)(iii) of this section.

(C) Notification of opacity or visible emission observations. The owner or operator of an affected source shall notify the Administrator in writing of the anticipated date for conducting opacity or visible emission observations in accordance with subsection (k)(vi), if such observations are required for the source by a relevant standard.

(D) Conduct of opacity or visible emission observations. When a relevant standard under this section includes an opacity or visible emission standard, the owner or operator of an affected source shall comply with the following:

(I) For the purpose of demonstrating initial compliance, opacity or visible emission observations shall be conducted concurrently with the initial performance test required in subsection (i) unless one of the following conditions applies:

(1.) If no performance test under subsection (i) is required, opacity or visible emission observations shall be conducted with 60 days after achieving the maximum production rate at which a new or reconstructed source will be operated, but not later than 120 days after initial startup of the source, or within 120 days after the effective date of the relevant standard in the case of new sources that start up before the standard’s effective date. If no performance test under subsection (i) is required, opacity or visible emission observations shall be conducted within 120 days after the compliance date for an existing or modified source; or

(2.) If visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the initial performance test required under subsection (i), or within the time period specified in paragraph (vii)(D)(I)(1.) of this subsection, the source’s owner or operator shall reschedule the opacity or visible emission observations as soon after the initial performance test, or time period, as possible, but not later than 30 days thereafter, and shall advise the Administrator of the rescheduled date. The rescheduled opacity or visible emission observations shall be conducted (to the extent possible) under the same operating conditions that existed during the initial performance test conducted under subsection (i). The visible emissions observer shall determine whether visibility or other conditions prevent the opacity or visible emission observations from being made concurrently with the initial performance test in accordance with procedures contained in Test Method 9 or Test Method 22 in 40 CFR part 60, Appendix A.

(II) For the purpose of demonstrating initial compliance, the minimum total time of opacity observations shall be 3 hours (30 6-minute averages) for the performance test or other required set of observations (e.g., for fugitive-type emission sources subject only to an opacity emission standard).

(III) The owner or operator of an affected source to which an opacity or visible emission standard in this section applies shall conduct opacity or visible emission observations in accordance with the provisions of this subsection, record the results of the evaluation of emissions, and report to the Administrator the opacity or visible emission results in accordance with the provisions of subsection (l)(iv).

(IV) Opacity readings of portions of plumes that contain condensed, uncombined water vapor shall not be used for the purposes of determining compliance with opacity emission standards.

(E) Availability of Records. The owner or operator of an affected source shall make available, upon request by the Administrator, such records that the Administrator deems necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible observer emission certification.

(F) Use of a Continuous Opacity Monitoring System.

(I) The owner or operator of an affected source required to use a continuous opacity monitoring system (COMS) shall record the monitoring data produced during a performance test required under subsection (i) and shall furnish the Administrator a written report of the monitoring results in accordance with the provisions of subsection (l)(v)(D).

(II) Whenever an opacity emission test method has not been specified in an applicable subpart, or an owner or operator of an affected source is required to conduct Test Method 9 observations (see 40 CFR part 60, Appendix A), the owner or operator may submit, for compliance purposes, COMS data results produced during any performance test required under subsection (l) in lieu of Method 9 data. If the owner or operator elects to submit COMS data for compliance with the opacity emission standard, the Administrator shall be notified of that decision, in writing, simultaneously with the notification under subsection (l)(ii) of the date the performance test is scheduled to begin. Once the owner or operator of an affected source has notified the Administrator to that effect, the COMS data results will be used to determine opacity compliance during subsequent performance tests required under subsection (l), unless the owner or operator notifies the Administrator in writing to the contrary not later than with the notification under subsection (l)(ii) of the date the subsequent performance test is scheduled to begin.

(III) For the purposes of determining compliance with the opacity emission standard during a performance test required under subsection (l) using COMS data, the COMS data shall be reduced to 6-minute averages over the duration of the mass emission performance test.

(IV) The owner or operator of an affected source using a COMS for compliance purposes is responsible for demonstrating compliance with the performance evaluation requirements of subsection (j)(v), that the COMS has been properly maintained, operated, and data quality-assured, as specified in subsection (j)(iii) and subsection (j)(iv), and that the resulting data have not been altered in any way.

(V) Except as provided in paragraph (vii)(F)(II) of this subsection, the results of continuous monitoring by a COMS that indicate that the opacity at the time visual observations were made was not in excess of the emission standard are probative but not conclusive evidence of the actual opacity of an emission, provided that the affected source proves that, at the time of the alleged violation, the instrument used was properly maintained, as specified in subsection (j)(iii), and met Performance Specification 1 in 40 CFR part 60, Appendix B, and that the resulting data have not been altered in any way.

(G) Finding of Compliance. The Administrator will make a finding concerning an affected source’s compliance with an opacity or visible emission standard upon obtaining all the compliance information required by the relevant standard (including the written reports of the results of the performance tests required by subsection (i), the results of Test Method 9 or another required opacity or visible emission test method, the observer certification required by paragraph (vii)(E) of this subsection, and the continuous opacity monitoring system results, whichever is/are applicable) and any information available to the Administrator needed to determine whether proper operation and maintenance practices are being used.

(H) Adjustment to an Opacity Emission Standard.

(I) If the EPA finds under paragraph (vii)(G) of this subsection that an affected source is in compliance with all relevant standards for which initial performance tests were conducted under subsection (i), but during the time such performance tests were conducted fails to meet any relevant opacity emission standard, the owner or operator of such source may petition the EPA to make appropriate adjustment to the opacity emission standard for the affected source. Until the EPA notifies the owner or operator of the appropriate adjustment, the relevant opacity emission standard remains applicable.

(II) The EPA may grant such a petition upon a demonstration by the owner or operator that:

(1.) The affected source and its associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the performance tests;

(2.) The performance tests were performed under the conditions established by the EPA; and

(3.) The affected source and its associated air pollution control equipment were incapable of being adjusted or operated to meet the relevant opacity emission standard.

(III) The EPA will establish an adjusted opacity emission standard for the affected source meeting the above requirements at a level at which the source will be able, as indicated by the performance and opacity tests, to meet the opacity emission standard at all times during which the source is meeting the mass or concentration emission standard. The EPA will promulgate the new opacity emission standard in the Federal Register.

(IV) After the EPA promulgates an adjusted opacity emission standard for an affected source, the owner or operator of such source shall be subject to the new opacity emission standard, and the new opacity emission standard shall apply to such source during any subsequent performance tests.

(viii) Extension of Compliance With Emission Standards.

(A) Until an extension of compliance has been granted by the Administrator under this paragraph, the owner or operator of an affected source subject to the requirements of this subsection shall comply with all applicable requirements of this section.

(B) Extension of Compliance for Early Reductions and Other Reductions.

(I) Early Reductions. Pursuant to section 112(i)(5) of the Act, if the owner or operator of an existing source demonstrates that the source has achieved a reduction in emissions of hazardous air pollutants in accordance with the provisions of 40 CFR part 63, Subpart D, the Administrator will grant the owner or operator an extension of compliance with specific requirements of this section, as specified in 40 CFR part 63, Subpart D.

(II) Other Reductions. Pursuant to section 112(i)(6) of the Act, if the owner or operator of an existing source has installed best available control technology (BACT) [as defined in section 169(3) of the Act] or technology required to meet a lowest achievable emission rate (LAER) (as defined in section 171 of the Act) prior to the promulgation of an emission standard, applicable to such source and the same pollutant (or stream of pollutants) controlled pursuant to the BACT or LAER installation, the Administrator will grant the owner or operator an extension of compliance with such emission standard that will apply until the date 5 years after the date on which such installation was achieved, as determined by the Administrator.

(C) Request for Extension of Compliance. Paragraphs (viii)(D) through (viii)(G) of this subsection concern requests for an extension of compliance with a relevant standard under this section [except requests for an extension of compliance under paragraph (viii)(B)(I) of this subsection will be handled through procedures specified in 40 CFR part 63, Subpart D].

(D) (I) (1.) The owner or operator of an existing source who is unable to comply with a relevant standard established under this section pursuant to section 112(d) of the Act may request that the Administrator grant an extension allowing the source up to 1 additional year to comply with the standard, if such additional period is necessary for the installation of controls. An additional extension of up to 3 years may be added for mining waste operations, if the 1-year extension of compliance is insufficient to dry and cover mining waste in order to reduce emissions of any hazardous air pollutant. The owner or operator of an affected source who has requested an extension of compliance under this paragraph and who is otherwise required to obtain an operating permit shall apply for such permit or apply to have the source’s operating permit revised to incorporate the conditions of the extension of compliance. The conditions of an extension of compliance granted under this paragraph will be incorporated into the affected source’s operating permit according to the provisions of Chapter 6, Section 3.

(2.) Any request under this paragraph for an extension of compliance with a relevant standard shall be submitted in writing to the Administrator not later than 12 months before the affected source’s compliance date [as specified in paragraphs (ii) and (iii) of this subsection] for sources that are not including emission points in an emissions average, or not later than 18 months before the affected source’s compliance date [as specified in paragraphs (ii) and (iii) of this subsection] for sources that are including emission points in an emissions average. Emission standards established under this section may specify alternative dates for the submittal of requests for an extension of compliance if alternatives are appropriate for the source categories affected by those standards, e.g., a compliance date specified by the standard is less than 12 (or 18) months after the standard’s effective date.

(II) The owner or operator of an existing source unable to comply with a relevant standard established under this section pursuant to section 112(f) of the Act may request that the Administrator grant an extension allowing the source up to 2 years after the standard’s effective date to comply with the standard. The Administrator may grant such an extension if it is determined that such additional period is necessary for the installation of controls and that steps will be taken during the period of the extension to assure that the health of persons will be protected from imminent endangerment. Any request for an extension of compliance with a relevant standard under this paragraph shall be submitted in writing to the Administrator not later than 15 calendar days after the effective date of the relevant standard.

(E) The owner or operator of an existing source that has installed BACT or technology required to meet LAER [as specified in paragraph (viii)(B)(II) of this subsection] prior to the promulgation of a relevant emission standard may request that the Administrator grant an extension allowing the source 5 years from the date on which such installation was achieved, as determined by the Administrator, to comply with the standard. Any request for an extension of compliance with a relevant standard under this paragraph shall be submitted in writing to the Administrator not later than 120 days after the promulgation date of the standard. The Administrator may grant such an extension if it is determined that the installation of BACT or technology to meet LAER controls the same pollutant (or stream of pollutants) that would be controlled at that source by the relevant emission standard.

(F) (I) The request for a compliance extension under paragraph (viii)(D) of this subsection shall include the following information:

(1.) A description of the controls to be installed to comply with the standard;

(2.) A compliance schedule, including the date by which each step toward compliance will be reached. At a minimum, the list of dates shall include:

a. The date by which contracts for emission control systems or process changes for emission control will be awarded, or the date by which orders will be issued for the purchase of component parts to accomplish emission control or process changes;

b. The date by which on-site construction, installation of emission control equipment, or a process change is to be initiated;

c. The date by which on-site construction, installation of emission control equipment, or a process change is to be completed; and

d. The date by which final compliance is to be achieved;

(3.) A description of interim emission control steps that will be taken during the extension period, including milestones to assure proper operation and maintenance of emission control and process equipment; and

(4.) Whether the owner or operator is also requesting an extension of other applicable requirements (e.g., performance testing requirements).

(II) The request for a compliance extension under paragraph (viii)(E) of this subsection shall include all information needed to demonstrate to the Administrator’s satisfaction that the installation of BACT or technology to meet LAER controls the same pollutant (or stream of pollutants) that would be controlled at that source by the relevant emission standard.

(G) Advice on requesting an extension of compliance may be obtained from the Administrator.

(H) Approval of Request for Extension of Compliance. Paragraphs (viii)(I) through (viii)(N) of this subsection concern approval of an extension of compliance requested under paragraphs (viii)(D) through (viii)(F) of this subsection.

(I) Based on the information provided in any request made under paragraphs (viii)(D) through (viii)(F) of this subsection, or other information, the Administrator may grant an extension of compliance with an emission standard, as specified in paragraphs (viii)(D) and (viii)(E) of this subsection.

(J) The extension will be in writing and will:

(I) Identify each affected source covered by the extension;

(II) Specify the termination date of the extension;

(III) Specify the dates by which steps toward compliance are to be taken, if appropriate;

(IV) Specify other applicable requirements to which the compliance extension applies (e.g., performance tests); and

(V) (1.) Under paragraph (viii)(D), specify any additional conditions that the Administrator deems necessary to assure installation of the necessary controls and protection of the health of persons during the extension period; or

(2.) Under paragraph (viii)(E), specify any additional conditions that the Administrator deems necessary to assure the proper operation and maintenance of the installed controls during the extension period.

(K) The owner or operator of an existing source that has been granted an extension of compliance under paragraph (viii)(J) of this subsection may be required to submit to the Administrator progress reports indicating whether the steps toward compliance outlined in the compliance schedule have been reached. The contents of the progress reports and the dates by which they shall be submitted will be specified in the written extension of compliance granted under paragraph (viii)(J) of this subsection.

(L) (I) The Administrator will notify the owner or operator in writing of approval or intention to deny approval of a request for an extension of compliance within 30 calendar days after receipt of sufficient information to evaluate a request submitted under paragraph (viii)(D)(I) or (viii)(E) of this subsection. The 30-day approval or denial period will begin after the owner or operator has been notified in writing that the application is complete. The Administrator will notify the owner or operator in writing of the status of the application, that is, whether the application contains sufficient information to make a determination, within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary information that is submitted.

(II) When notifying the owner or operator that the application is not complete, the Administrator will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 30 calendar days after notification of the incomplete application, additional information or arguments to the Administrator to enable further action on the application.

(III) Before denying any request for an extension of compliance, the Administrator will notify the owner or operator in writing of the Administrator’s intention to issue the denial, together with:

(1.) Notice of the information and findings on which the intended denial is based; and

(2.) Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after notification of the intended denial, additional information or arguments to the Administrator before further action on the request.

(IV) The Administrator’s final determination to deny any request for an extension will be in writing and will set forth the specific grounds on which the denial is based. The final determination will be made within 30 calendar days after presentation of additional information or argument (if the application is complete), or within 30 calendar days after the final date specified for the presentation if no presentation is made.

(M) (I) The Administrator will notify the owner or operator in writing of approval or intention to deny approval of a request for an extension of compliance within 30 calendar days after receipt of sufficient information to evaluate a request submitted under paragraph (viii)(D)(II) of this section. The 30-day approval or denial period will begin after the owner or operator has been notified in writing that the application is complete. The Administrator will notify the owner or operator in writing of the status of the application, that is, whether the application contains sufficient information to make a determination, within 15 calendar days after receipt of the original application and within 15 calendar days after receipt of any supplementary information that is submitted.

(II) When notifying the owner or operator that the application is not complete, the Administrator will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 15 calendar days after notification of the incomplete application, additional information or arguments to the Administrator to enable further action on the application.

(III) Before denying any request for an extension of compliance, the Administrator will notify the owner or operator in writing of the Administrator’s intention to issue the denial, together with:

(1.) Notice of the information and findings on which the intended denial is based; and

(IV) A final determination to deny any request for an extension will be in writing and will set forth the specific ground on which the denial is based. The final determination will be made within 30 calendar days after presentation of additional information or argument (if the application is complete), or within 30 calendar days after the final date specified for the presentation if no presentation is made.

(N) The Administrator may terminate an extension of compliance at an earlier date than specified if any specification under paragraph (viii)(J)(III) or (viii)(J)(IV) of this subsection is not met.

(O) The granting of an extension under this section shall not abrogate the Administrator’s authority under §35-11-110 of the Wyoming Environmental Quality Act.

(ix) Exemption From Compliance With Emission Standards.

The President may exempt any stationary source from compliance with any relevant standard established pursuant to section 112 of the Act for a period of not more than 2 years if the President determines that the technology to implement such standard is not available and that it is in the national security interests of the United States to do so. An exemption under this paragraph may be extended for 1 or more additional periods, each period not to exceed 2 years.

(i) Performance Testing Requirements.

(i) Applicability and Performance Test Dates.

(A) Unless otherwise specified, this subsection applies to the owner or operator of an affected source required to do performance testing, or another form of compliance demonstration, under a relevant standard.

(B) If required to do performance testing by a relevant standard, and unless a waiver of performance testing is obtained under this subsection or the conditions of paragraph (iii)(C)(II)(2.) of this subsection apply, the owner or operator of the affected source shall perform such tests as follows:

(I) Within 180 days after the effective date of a relevant standard for a new source that has an initial startup date before the effective date; or

(II) Within the requirements of Chapter 6, Section 2 after initial startup for a new source that has an initial startup date after the effective date of a relevant standard; or

(III) Within 180 days after the compliance date specified in an applicable subpart of this section for an existing source subject to an emission standard established pursuant to section 112(d) of the Act, or within 180 days after startup of an existing source if the source begins operation after the effective date of the relevant emission standard; or

(IV) Within 180 days after the compliance date for an existing source subject to an emission standard established pursuant to section 112(f) of the Act; or

(V) Within 180 days after the termination date of the source’s extension of compliance for an existing source that obtains an extension of compliance under subsection (i)(viii); or

(VI) Within the requirements of Chapter 6, Section 2 after the compliance date for a new source, subject to an emission standard established pursuant to section 112(f) of the Act, for which construction or reconstruction is commenced after the proposal date of a relevant standard established pursuant to section 112(d) of the Act but before the proposal date of the relevant standard established pursuant to section 112(f) [see subsection (i)(ii)(D)]; or

(VII) When an emission standard promulgated under this section is more stringent than the standard proposed [see subsection (i)(ii)(C)], the owner or operator of a new or reconstructed source subject to that standard for which construction or reconstruction is commenced between the proposal and promulgation dates of the standard shall comply with performance testing requirements within 180 days after the standard’s effective date, or within 180 days after startup of the source, whichever is later. If the promulgated standard is more stringent than the proposed standard, the owner or operator may choose to demonstrate compliance with either the proposed or the promulgated standard. If the owner or operator chooses to comply with the proposed standard initially, the owner or operator shall conduct a second performance test within 3 years and 180 days after the effective date of the standard, or after startup of the source, whichever is later, to demonstrate compliance with the promulgated standard.

(C) The Administrator may require an owner or operator to conduct performance tests at the affected source at any other time when the action is authorized by §35-11-110 of the Wyoming Environmental Quality Act.

(ii) Notification of Performance Test.

(A) The owner or operator of an affected source shall notify the Administrator in writing of his or her intention to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin to allow the Administrator, upon request, to review and approve the site-specific test plan required under paragraph (iii) of this subsection and to have an observer present during the test. Observation of the performance test by the Administrator is optional.

(B) In the event the owner or operator is unable to conduct the performance test on the date specified in the notification requirement specified in paragraph (ii)(A) of this subsection, due to unforeseeable circumstances beyond his or her control, the owner or operator shall notify the Administrator within 5 days prior to the scheduled performance test date and specify the date when the performance test is rescheduled. This notification of delay in conducting the performance test shall not relieve the owner or operator of legal responsibility for compliance with any other applicable provisions of this section or with any other applicable Federal, State, or local requirement, nor will it prevent the Administrator from implementing or enforcing this section or taking any other action under the Wyoming Environmental Quality Act.

(iii) Quality Assurance Program.

(A) The results of the quality assurance program required in this paragraph will be considered by the Administrator when determining the validity of a performance test.

(B) (I) Submission of Site-Specific Test Plan. Before conducting a required performance test, the owner or operator of an affected source shall develop and, if requested by the Administrator, shall submit a site-specific test plan to the Administrator for approval. The test plan shall include a test program summary, the test schedule, data quality objectives, and both an internal and external quality assurance (QA) program. Data quality objectives are the pretest expectations of precision, accuracy, and completeness of data.

(II) The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of test data precision; an example of internal QA is the sampling and analysis of replicate samples.

(III) The external QA program shall include, at a minimum, application of plans for a test method performance audit (PA) during the performance test. The PA’s consist of blind audit samples provided by the Administrator and analyzed during the performance test in order to provide a measure of test data bias. The external QA program may also include systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.

(IV) The owner or operator of an affected source shall submit the site-specific test plan to the Administrator upon the Administrator’s request at least 60 calendar days before the performance test is scheduled to take place, that is, simultaneously with the notification of intention to conduct a performance test required under paragraph (ii) of this subsection, or on a mutually agreed upon date.

(V) The Administrator may request additional relevant information after the submittal of a site-specific test plan.

(I) The Administrator will notify the owner or operator of approval or intention to deny approval of the site-specific test plan (if review of the site-specific test plan is requested) within 30 calendar days after receipt of the original plan and within 30 calendar days after receipt of any supplementary information that is submitted under paragraph (iii)(C)(I)(2.) of this subsection. Before disapproving any site-specific test plan, the Administrator will notify the applicant of the Administrator’s intent to disapprove the plan together with:

(1.) Notice of the information and findings on which the intended disapproval is based; and

(2.) Notice of opportunity for the owner or operator to present, within 30 calendar days after notification of the intended disapproval, additional information to the Administrator before final action on the plan.

(II) In the event that the Administrator fails to approve or disapprove the site-specific test plan within the time period specified in paragraph (iii)(C)(I) of this subsection, the following conditions shall apply:

(1.) If the owner or operator intends to demonstrate compliance using the test method(s) specified in the relevant standard, the owner or operator shall conduct the performance test within the time specified in this subsection using the specified method(s);

(2.) If the owner or operator intends to demonstrate compliance by using an alternative to any test method specified in the relevant standard, the owner or operator shall refrain from conducting the performance test until the Administrator approves the use of the alternative method when the Administrator approves the site-specific test plan (if review of the site-specific test plan is requested) or until after the alternative method is approved [see paragraph (vi) of this subsection]. If the Administrator does not approve the site-specific test plan (if review is requested) or the use of the alternative method within 30 days before the test is scheduled to begin, the performance test dates specified in paragraph (i) of this subsection may be extended such that the owner or operator shall conduct the performance test within 60 calendar days after the Administrator approves the site-specific test plan or after use of the alternative method is approved. Notwithstanding the requirements in the preceding two sentences, the owner or operator may proceed to conduct the performance test as required in this subsection (without the Administrator’s prior approval of the site-specific test plan) if it is subsequently chosen to use the specified testing and monitoring methods instead of an alternative.

(III) Neither the submission of a site-specific test plan for approval, nor the Administrator’s approval or disapproval of a plan, nor the Administrator’s failure to approve or disapprove a plan in a timely manner shall:

(1.) Relieve an owner or operator of legal responsibility for compliance with an applicable provisions of this section or with any other applicable Federal, State, or local requirement; or

(2.) Prevent the Administrator from implementing or enforcing this section or taking any other action under the Wyoming Environmental Quality Act.

(D) (I) Performance Test Method Audit Program. The owner or operator shall analyze performance audit (PA) samples during each performance test. The owner or operator shall request performance audit materials 45 days prior to the test date. Cylinder audit gases may be obtained by contacting the Administrator.

(II) The Administrator will have sole discretion to require any subsequent remedial actions of the owner or operator based on the PA results.

(III) If the Administrator fails to provide required PA materials to an owner or operator of an affected source in time to analyze the PA samples during a performance test, the requirement to conduct a PA under this paragraph shall be waived for such source for that performance test. Waiver under this paragraph of the requirement to conduct a PA for a particular performance test does not constitute a waiver of the requirement to conduct a PA for future required performance tests.

(iv) Performance Testing Facilities. If required to do performance testing, the owner or operator of each new source and, at the request of the Administrator, the owner or operator of each existing source, shall provide performance testing facilities as follows:

(A) Sampling ports adequate for test methods applicable to such source. This includes:

(I) Constructing the air pollution control system such that volumetric flow rates and pollutant emission rates can be accurately determined by applicable test methods and procedures; and

(II) Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test methods and procedures;

(B) Safe sampling platform(s);

(D) Utilities for sampling and testing equipment; and

(E) Any other facilities that the Administrator deems necessary for safe and adequate testing of a source.

(v) Conduct of Performance Tests.

(A) Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance (i.e., performance based on normal operating conditions) of the affected source. Operations during periods of startup, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test, nor shall emissions in excess of the level of the relevant standard during periods of startup, shutdown, and malfunction be considered a violation of the relevant standard unless otherwise specified in the relevant standard or a determination of noncompliance is made under subsection (h)(iv). Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.

(B) Performance tests shall be conducted and data shall be reduced in accordance with the test methods and procedures set forth in this subsection, in each relevant standard, and, if required, in applicable appendices, unless the Administrator:

(I) Specifies or approves, in specific cases, the use of a test method with minor changes in methodology; or

(II) Approves the use of an alternative test method, the results of which the Administrator has determined to be adequate for indicating whether a specific affected source is in compliance; or

(III) Approves shorter sampling times and smaller sample volumes when necessitated by process variables or other factors; or

(IV) Waives the requirement for performance tests because the owner or operator of an affected source has demonstrated by other means to the Administrator’s satisfaction that the affected source is in compliance with the relevant standard.

(C) Unless otherwise specified in a relevant standard or test method, each performance test shall consist of three separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the relevant standard. For the purpose of determining compliance with a relevant standard, the arithmetic mean of the results of the three runs shall apply. Upon receiving approval from the Administrator, results of a test run may be replaced with results of an additional test run in the event that:

(I) A sample is accidentally lost after the testing team leaves the site; or

(II) Conditions occur in which one of the three runs must be discontinued because of forced shutdown; or

(III) Extreme meteorological conditions occur; or

(IV) Other circumstances occur that are beyond the owner or operator’s control.

(D) Nothing in paragraphs (v)(A) through (v)(C) of this subsection shall be construed to abrogate the Administrator’s authority to require testing under §35-11-110 of the Wyoming Environmental Quality Act.

(vi) Use of an Alternative Test Method.

(A) General. Until permission to use an alternative test method has been granted by the Administrator under this paragraph, the owner or operator of an affected source remains subject to the requirements of this subsection and the relevant standard.

(B) The owner or operator of an affected source required to do performance testing by a relevant standard may use an alternative test method from that specified in the standard provided that the owner or operator:

(I) Notifies the Administrator of the intention to use an alternative test method not later than with the submittal of the site-specific test plan (if requested by the Administrator) or at least 60 days before the performance test is scheduled to begin if a site-specific test plan is not submitted;

(II) Uses Method 301 in 40 CFR part 63, Appendix A to validate the alternative test method; and

(III) Submits the results of the Method 301 validation process along with the notification of intention and the justification for not using the specified test method. The owner or operator may submit the information required in this paragraph well in advance of the deadline specified in paragraph (vi)(B)(I) of this subsection to ensure a timely review by the Administrator in order to meet the performance test date specified in this subsection or the relevant standard.

(C) The Administrator will determine whether the owner or operator’s validation of the proposed alternative test method is adequate when the Administrator approves or disapproves the site-specific test plan required under paragraph (iii) of this subsection. If the Administrator finds reasonable grounds to dispute the results obtained by the Method 301 validation process, the Administrator may require the use of a test method specified in a relevant standard.

(D) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative test method for the purposes of demonstrating compliance with a relevant standard, the Administrator may require the use of a test method specified in a relevant standard.

(E) If the owner or operator uses an alternative test method for an affected source during a required performance test, the owner or operator of such source shall continue to use the alternative test method for subsequent performance tests at that affected source until approval is received from the Administrator to use another test method as allowed under subsection (i)(vi).

(F) Neither the validation and approval process nor the failure to validate an alternative test method shall abrogate the owner or operator’s responsibility to comply with the requirements of this section.

(vii) Data Analysis, Recordkeeping, and Reporting.

(A) Unless otherwise specified in a relevant standard or test method, or as otherwise approved by the Administrator in writing, results of a performance test shall include the analysis of samples, determination of emissions, and raw data. A performance test is “completed” when field sample collection is terminated. The owner or operator of an affected source shall report the results of the performance test to the Administrator before the close of business on the 60^th day following the completion of the performance test, unless specified otherwise in a relevant standard or as approved otherwise in writing by the Administrator [see subsection (k)(ix)]. The results of the performance test shall be submitted as part of the notification of compliance status required under subsection (k)(viii).

(B) For a minimum of 5 years after a performance test is conducted, the owner or operator shall retain and make available, upon request, for inspection by the Administrator the records or results of such performance test and other data needed to determine emissions from an affected source.

(viii) Waiver of Performance Tests.

(A) Until a waiver of a performance testing requirement has been granted by the Administrator under this paragraph, the owner or operator of an affected source remains subject to the requirements of this subsection.

(B) Individual performance tests may be waived upon written application to the Administrator if, in the Administrator’s judgment, the source is meeting the relevant standards(s) on a continuous basis, or the source is being operated under an extension of compliance, or the owner or operator has requested an extension of compliance and the Administrator is still considering that request.

(I) If a request is made for an extension of compliance under subsection (h)(viii), the application for a waiver of an initial performance test shall accompany the information required for the request for an extension of compliance. If no extension of compliance is requested or if the owner or operator has requested an extension of compliance and the Administrator is still considering that request, the application for a waiver of an initial performance test shall be submitted at least 60 days before the performance test if the site-specific test plan under paragraph (iii) of this section is not submitted.

(II) If an application for a waiver of a subsequent performance test is made, the application may accompany any required compliance progress report, compliance status report, or excess emissions and continuous monitoring system performance report [such as those required under subsection (h)(viii), subsection (k)(viii), and subsection (l)(v) or specified in a relevant standard or in the source’s operating permit], but it shall be submitted at least 60 days before the performance test if the site-specific test plan required under paragraph (iii) of this subsection is not submitted.

(III) Any application for a waiver of a performance test shall include information justifying the owner or operator’s request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the affected source performing the required test.

(D) Approval of Request to Waive Performance Test. The Administrator will approve or deny a request for a waiver of a performance test made under paragraph (viii)(C) of this subsection when the Administrator:

(I) Approves or denies an extension of compliance under subsection (h)(viii)(H); or

(II) Approves or disapproves a site-specific test plan under subsection (i)(iii)(C); or

(III) Makes a determination of compliance following the submission of a required compliance status report or excess emissions and continuous monitoring systems performance report; or

(IV) Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable.

(E) Approval of any waiver granted under this subsection shall not abrogate the Administrator’s authority under the Wyoming Environmental Quality Act or in any way prohibit the Administrator from later canceling the waiver. The cancellation will be made only after notice is given to the owner or operator of the affected source.

(j) Monitoring Requirements.

(i) Applicability.

(A) (I) Unless otherwise specified in a relevant standard, this subsection applies to the owner or operator of an affected source required to do monitoring under that standard.

(II) Relevant standards established under this section will specify monitoring systems, methods, or procedures, monitoring frequency, and other pertinent requirements for source(s) regulated by those standards. This section specifies general monitoring requirements such as those governing the conduct of monitoring and requests to use alternative monitoring methods. In addition, this subsection specifies detailed requirements that apply to affected sources required to use continuous monitoring systems (CMS) under a relevant standard.

(B) For the purposes of this section, all CMS required under relevant standards shall be subject to the provisions of this subsection upon promulgation of performance specifications for CMS as specified in the relevant standard or otherwise by the Administrator.

(C) Additional monitoring requirements for control devices used to comply with provisions in relevant standards of this section are specified in subsection (m).

(ii) Conduct of Monitoring.

(A) Monitoring shall be conducted as set forth in this subsection and the relevant standard(s) unless the Administrator:

(I) Specifies or approves the use of minor changes in methodology for the specified monitoring requirements and procedures; or

(II) Approves the use of alternatives to any monitoring requirements or procedures.

(III) Owners or operators with flares subject to subsection (m)(ii) are not subject to the requirements of this subsection unless otherwise specified in the relevant standard.

(B) (I) When the effluents from a single affected source, or from two or more affected sources, are combined before being released to the atmosphere, the owner or operator shall install an applicable CMS on each effluent.

(II) If the relevant standard is a mass emission standard and the effluent from one affected source is released to the atmosphere through more than one point, the owner or operator shall install an applicable CMS at each emission point unless the installation of fewer systems is:

(1.) Approved by the Administrator; or

(2.) Provided for in a relevant standard (e.g., instead of requiring that a CMS be installed at each emission point before the effluents from those points are channeled to a common control device, the standard specifies that only one CMS is required to be installed at the vent of the control device).

(C) When more than one CMS is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required for each CMS. However, when one CMS is used as a backup to another CMS, the owner or operator shall report the results from the CMS used to meet the monitoring requirements of this section. If both such CMS are used during a particular reporting period to meet the monitoring requirements of this section, then the owner or operator shall report the results from each CMS for the relevant compliance period.

(iii) Operation and Maintenance of Continuous Monitoring Systems.

(A) The owner or operator of an affected source shall maintain and operate each CMS as specified in this subsection, or in a relevant standard, and in a manner consistent with good air pollution control practices.

(I) The owner or operator of an affected source shall ensure the immediate repair or replacement of CMS parts to correct “routine” or otherwise predictable CMS malfunctions as defined in the source’s startup, shutdown, and malfunction plan required by subsection (h)(iv)(C). The owner or operator shall keep the necessary parts for routine repairs of the affected equipment readily available. If the plan is followed and the CMS repaired immediately, this action shall be reported in the semiannual startup, shutdown, and malfunction report required under subsection (l)(iv)(E)(I).

(II) For those malfunctions or other events that affect the CMS and are not addressed by the startup, shutdown, and malfunction plan, the owner or operator shall report actions that are not consistent with the startup, shutdown, and malfunction plan within 24 hours after commencing actions inconsistent with the plan. The owner or operator shall send a follow-up report within 2 weeks after commencing actions inconsistent with the plan that either certifies that corrections have been made or includes a corrective action plan and schedule. The owner or operator shall provide proof that repair parts have been ordered or any other records that would indicate that the delay in making repairs is beyond their control.

(III) The Administrator’s determination of whether acceptable operation and maintenance procedures are being used will be based on information that may include, but is not limited to, review of operation and maintenance procedures, operation and maintenance records, manufacturing recommendations and specifications, and inspection of the CMS. Operation and maintenance procedures written by the CMS manufacturer and other guidance also can be used to maintain and operate each CMS.

(B) All CMS shall be installed such that representative measurements of emissions or process parameters from the affected source are obtained. In addition, CEMS shall be located according to procedures contained in the applicable performance specification(s).

(C) All CMS shall be installed, operational, and the data verified as specified in the relevant standard either prior to or in conjunction with conducting performance tests under subsection (i). Verification of operational status shall, at a minimum, include completion of the manufacturer’s written specifications or recommendations for installation, operation, and calibration of the system.

(D) Except for system breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level calibration drift adjustments, all CMS, including COMS and CEMS, shall be in continuous operation and shall meet minimum frequency of operation requirements as follows:

(I) All COMS shall complete a minimum of one cycle of sampling and analyzing for each successive 10-second period and one cycle of data recording for each successive 6-minute period.

(II) All CEMS for measuring emissions other than opacity shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period.

(E) Unless otherwise approved by the Administrator, minimum procedures for COMS shall include a method for producing a simulated zero opacity condition and an upscale (high-level) opacity condition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. Such procedures shall provide a system check of all the analyzer’s internal optical surfaces and all electronic circuitry, including the lamp and photodetector assembly normally used in the measurement of opacity.

(F) The owner or operator of a CMS installed in accordance with the provisions of this section and the applicable CMS performance specification(s) shall check the zero (low-level) and high-level calibration drifts at least once daily in accordance with the written procedure specified in the performance evaluation plan developed under paragraphs (v)(C)(I) and (v)(C)(II) of this subsection. The zero (low-level) and high-level calibration drifts shall be adjusted, at a minimum, whenever the 24-hour zero (low-level) drift exceeds two times the limits of the applicable performance specification(s) specified in the relevant standard. The system must allow the amount of excess zero (low-level) and high-level drift measured at the 24-hour interval checks to be recorded and quantified, whenever specified. For COMS, all optical and instrumental surfaces exposed to the effluent gases shall be cleaned prior to performing the zero (low-level) and high-level drift adjustments; the optical surfaces and instrumental surfaces shall be cleaned when the cumulative automatic zero compensation, if applicable, exceeds 4 percent opacity.

(G) (I) A CMS is out of control if:

(1.) The zero (low-level), mid-level (if applicable), or high-level calibration drift (CD) exceeds two times the applicable CD specification in the applicable performance specification or in the relevant standard; or

(2.) The CMS fails a performance test audit (e.g., cylinder gas audit), relative accuracy audit, relative accuracy test audit, or linearity test audit; or

(3.) The COMS CD exceeds two times the limit in the applicable performance specification in the relevant standard.

(II) When the CMS is out of control, the owner or operator of the affected source shall take the necessary corrective action and shall repeat all necessary tests which indicate that the system is out of control. The owner or operator shall take corrective action and conduct retesting until the performance requirements are below the applicable limits. The beginning of the out-of-control period is the hour the owner or operator conducts a performance check (e.g., calibration drift) that indicates an exceedance of the performance requirements established under this section. The end of the out-of-control period is the hour following the completion of corrective action and successful demonstration that the system is within the allowable limits. During the period the CMS is out of control, recorded data shall not be used in data averages and calculations, or to meet any data availability requirement established under this section.

(H) The owner or operator of a CMS that is out of control as defined in paragraph (iii)(G) of this subsection shall submit all information concerning out-of-control periods, including start and end dates and hours and descriptions of corrective actions taken, in the excess emissions and continuous monitoring system performance report required in subsection (l)(v)(C).

(iv) Quality Control Program.

(A) The results of the quality control program required in this paragraph will be considered by the Administrator when determining the validity of monitoring data.

(B) The owner or operator of an affected source that is required to use a CMS and is subject to the monitoring requirements of this subsection and a relevant standard shall develop and implement a CMS quality control program. As part of the quality control program, the owner or operator shall develop and submit to the Administrator for approval upon request a site-specific performance evaluation test plan for the CMS performance evaluation required in paragraph (v)(C)(I) of this subsection, according to the procedures specified in paragraph (v). In addition, each quality control program shall include, at a minimum, a written protocol that describes procedures for each of the following operations:

(I) Initial and any subsequent calibration of the CMS;

(II) Determination and adjustment of the calibration drift of the CMS;

(III) Preventive maintenance of the CMS, including spare parts inventory;

(IV) Data recording, calculations, and reporting;

(V) Accuracy audit procedures, including sampling and analysis methods; and

(VI) Program of corrective action for a malfunctioning CMS.

(C) The owner or operator shall keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this section, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. Where relevant, e.g., program of corrective action for a malfunctioning CMS, these written procedures may be incorporated as part of the affected source’s startup, shutdown, and malfunction plan to avoid duplication of planning and recordkeeping efforts.

(v) Performance Evaluation of Continuous Monitoring Systems.

(A) General. When required by a relevant standard, and at any other time the Administrator may require under §35-11-110 of the Wyoming Environmental Quality Act, the owner or operator of an affected source being monitored shall conduct a performance evaluation of the CMS. Such performance evaluation shall be conducted according to the applicable specifications and procedures described in this subsection or in the relevant standard.

(B) Notification of Performance Evaluation. The owner or operator shall notify the Administrator in writing of the date of the performance evaluation simultaneously with the notification of the performance test date required under subsection (i)(ii) or at least 60 days prior to the date the performance evaluation is scheduled to begin if no performance test is required.

(C) (I) Submission of Site-Specific Performance Evaluation Test Plan. Before conducting a required CMS performance evaluation, the owner or operator of an affected source shall develop and submit a site-specific performance evaluation test plan to the Administrator for approval upon request. The performance evaluation test plan shall include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule, data quality objectives, and both an internal and external QA program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data.

(II) The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of CMS performance. The external QA program shall include, at a minimum, systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.

(III) The owner or operator of an affected source shall submit the site-specific performance evaluation test plan to the Administrator (if requested) at least 60 days before the performance test or performance evaluation is scheduled to begin, or on a mutually agreed upon date, and review and approval of the performance evaluation test plan by the Administrator will occur with the review and approval of the site-specific test plan (if review of the site-specific test plan is requested).

(IV) The Administrator may request additional relevant information after the submittal of a site-specific performance evaluation test plan.

(V) In the event that the Administrator fails to approve or disapprove the site-specific performance evaluation test plan within the time period specified in subsection (i)(iii)(C), the following conditions shall apply:

(1.) If the owner or operator intends to demonstrate compliance using the monitoring method(s) specified in the relevant standard, the owner or operator shall conduct the performance evaluation within the time specified in this section using the specified method(s);

(2.) If the owner or operator intends to demonstrate compliance by using an alternative to a monitoring method specified in the relevant standard, the owner or operator shall refrain from conducting the performance evaluation until the Administrator approves the use of the alternative method. If the Administrator does not approve the use of the alternative method within 30 days before the performance evaluation is scheduled to begin, the performance evaluation deadlines specified in paragraph (v)(D) of this subsection may be extended by the Administrator. The owner or operator may proceed to conduct the performance evaluation as required in this subsection (without the Administrator’s prior approval of the site-specific performance evaluation test plan) if it is subsequently chosen to use the specified monitoring method(s) instead of an alternative.

(VI) Neither the submission of a site-specific performance evaluation test plan for approval, nor the Administrator’s approval or disapproval of a plan, nor the Administrator’s failure to approve or disapprove a plan in a timely manner shall:

(1.) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this section or with any other applicable Federal, State, or local requirement; or

(2.) Prevent the Administrator from implementing or enforcing this section or taking any other action under the Wyoming Environmental Quality Act.

(D) Conduct of Performance Evaluation and Performance Evaluation Dates. The owner or operator of an affected source shall conduct a performance evaluation of a required CMS during any performance test required under subsection (i) in accordance with the applicable performance specification as specified in the relevant standard. Notwithstanding the requirement in the previous sentence, if the owner or operator of an affected source elects to submit COMS data for compliance with a relevant opacity emission standard as provided under subsection (h)(vii)(F), a performance evaluation of the COMS shall be conducted as specified in the relevant standard, before the performance test required under subsection (i) is conducted in time to submit the results of the performance evaluation as specified in paragraph (v)(E)(II) of this subsection. If a performance test is not required, or the requirement for a performance test has been waived under subsection (i)(viii), the owner or operator of an affected source shall conduct the performance evaluation not later than 180 days after the appropriate compliance date for the affected source, as specified in subsection (i), or as otherwise specified in the relevant standard.

(E) Reporting Performance Evaluation Results.

(I) The owner or operator shall furnish the Administrator a copy of a written report of the results of the performance evaluation simultaneously with the results of the performance test required under subsection (i) or within 60 days of completion of the performance evaluation if no test is required, unless otherwise specified in a relevant standard. The Administrator may request that the owner or operator submit the raw data from a performance evaluation in the report of the performance evaluation results.

(II) The owner or operator of an affected source using a COMS to determine opacity compliance during any performance test required under subsection (i) and described in subsection (h)(vii)(F) shall furnish the Administrator two or, upon request, three copies of a written report of the results of the COMS performance evaluation under this paragraph. The copies shall be provided at least 15 calendar days before the performance test required under subsection (i) is conducted.

(vi) Use of an Alternative Monitoring Method.

(A) General. Until permission to use an alternative monitoring method has been granted by the Administrator under this paragraph, the owner or operator of an affected source remains subject to the requirements of this subsection and the relevant standard.

(B) After receipt and consideration of written application, the Administrator may approve alternatives to any monitoring methods or procedures of this section including, but not limited to, the following:

(I) Alternative monitoring requirements when installation of a CMS specified by a relevant standard would not provide accurate measurements due to liquid water or other interferences caused by substances within the effluent gases;

(II) Alternative monitoring requirements when the affected source is infrequently operated;

(III) Alternative monitoring requirements to accommodate CEMS that require additional measurements to correct for stack moisture conditions;

(IV) Alternative locations for installing CMS when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements;

(V) Alternate methods for converting pollutant concentration measurements to units of the relevant standard;

(VI) Alternate procedures for performing daily checks of zero (low-level) and high-level drift that do not involve use of high-level gases or test cells;

(VII) Alternatives to the American Society for Testing and Materials (ASTM) test methods or sampling procedures specified by any relevant standard;

(VIII) Alternative CMS that do not meet the design or performance requirements in this section, but adequately demonstrate a definite and consistent relationship between their measurements and the measurements of opacity by a system complying with the requirements as specified in the relevant standard. The Administrator may require that such demonstration be performed for each affected source; or

(IX) Alternative monitoring requirements when the effluent from a single affected source or the combined effluent from two or more affected sources is released to the atmosphere through more than one point.

(C) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative monitoring method, requirement, or procedure, the Administrator may require the use of a method, requirement, or procedure specified in this subsection or in the relevant standard. If the results of the specified and alternative method, requirement, or procedure do not agree, the results obtained by the specified method, requirement, or procedure shall prevail.

(D) (I) Request to Use Alternative Monitoring Method. An owner or operator who wishes to use an alternative monitoring method shall submit an application to the Administrator as described in paragraph (vi)(D)(II) of this subsection, below. The application may be submitted at any time provided that the monitoring method is not used to demonstrate compliance with a relevant standard or other requirement. If the alternative monitoring method is to be used to demonstrate compliance with a relevant standard, the application shall be submitted not later than with the site-specific test plan required in subsection (i)(iii) (if requested) or with the site-specific performance evaluation plan (if requested) or at least 60 days before the performance evaluation is scheduled to begin.

(II) The application shall contain a description of the proposed alternative monitoring system and a performance evaluation test plan, if required, as specified in paragraph (v)(C) of this subsection. In addition, the application shall include information justifying the owner or operator’s request for an alternative monitoring method, such as the technical or economic infeasibility, or the impracticality, of the affected source using the required method.

(III) The owner or operator may submit the information required in this paragraph well in advance of the submittal dates specified in paragraph (vi)(D)(I) above to ensure a timely review by the Administrator in order to meet the compliance demonstration date specified in this subsection or the relevant standard.

(E) Approval of Request to Use Alternative Monitoring Method.

(I) The Administrator will notify the owner or operator of approval or intention to deny approval of the request to use an alternative monitoring method within 30 calendar days after receipt of the original request and within 30 calendar days after receipt of any supplementary information that is submitted. Before disapproving any request to use an alternative monitoring method, the Administrator will notify the applicant of the Administrator’s intention to disapprove the request together with:

(1.) Notice of the information and findings on which the intended disapproval is based; and

(2.) Notice of opportunity for the owner or operator to present additional information to the Administrator before final action on the request. At the time the Administrator notifies the applicant of the intention to disapprove the request, the Administrator will specify how much time the owner or operator will have after being notified of the intended disapproval to submit the additional information.

(II) The Administrator may establish general procedures and criteria in a relevant standard to accomplish the requirements of paragraph (vi)(E)(I) of this subsection.

(III) If the Administrator approves the use of an alternative monitoring method for an affected source under paragraph (vi)(E)(I) of this subsection, the owner or operator of such source shall continue to use the alternative monitoring method until approval is received from the Administrator to use another monitoring method as allowed by subsection (j)(vi).

(F) Alternative to the Relative Accuracy Test. An alternative to the relative accuracy test for CEMS specified in a relevant standard may be requested as follows:

(I) Criteria for Approval of Alternative Procedures. An alternative to the test method for determining relative accuracy is available for affected sources with emission rates demonstrated to be less than 50 percent of the relevant standard. The owner or operator of an affected source may petition the Administrator under paragraph (vi)(F)(II) of this subsection to substitute the relative accuracy test in section 7 of Performance Specification 2 with the procedures in section 10 if the results of a performance test conducted according to the requirements in subsection (i), or other tests performed following the criteria in subsection (i), demonstrate that the emission rate of the pollutant of interest in the units of the relevant standard is less than 50 percent of the relevant standard. For affected sources subject to emission limitations expressed as control efficiency levels, the owner or operator may petition the Administrator to substitute the relative accuracy test with the procedures in section 10 of Performance Specification 2 if the control device exhaust emission rate is less than 50 percent of the level needed to meet the control efficiency requirement. The alternative procedures do not apply if the CEMS is used continuously to determine compliance with the relevant standard.

(II) Petition to Use Alternative to Relative Accuracy Test. The petition to use an alternative to the relative accuracy test shall include a detailed description of the procedures to be applied, the location and the procedure for conducting the alternative, the concentration or response levels of the alternative relative accuracy materials, and the other equipment checks included in the alternative procedure(s). The Administrator will review the petition for completeness and applicability. The Administrator’s determination to approve an alternative will depend on the intended use of the CEMS data and may require specifications more stringent than in Performance Specification 2.

(III) Rescission of Approval to Use Alternative to Relative Accuracy Test. The Administrator will review the permission to use an alternative to the CEMS relative accuracy test and may rescind such permission if the CEMS data from a successful completion of the alternative relative accuracy procedure indicate that the affected source’s emissions are approaching the level of the relevant standard. The criterion for reviewing the permission is that the collection of CEMS data shows that emissions have exceeded 70 percent of the relevant standard for any averaging period, as specified in the relevant standard. For affected sources subject to emission limitations expressed as control efficiency levels, the criterion for reviewing the permission is that the collection of CEMS data shows that exhaust emissions have exceeded 70 percent of the level needed to meet the control efficiency requirement for any averaging period, as specified in the relevant standard. The owner or operator of the affected source shall maintain records and determine the level of emissions relative to the criterion for permission to use an alternative for relative accuracy testing. If this criterion is exceeded, the owner or operator shall notify the Administrator within 10 days of such occurrence and include a description of the nature and cause of the increased emissions. The Administrator will review the notification and may rescind permission to use an alternative and require the owner or operator to conduct a relative accuracy test of the CEMS as specified in section 7 of Performance Specification 2.

(vii) Reduction of Monitoring Data.

(A) The owner or operator of each CMS shall reduce the monitoring data as specified in this paragraph. In addition, each relevant standard may contain additional requirements for reducing monitoring data. When additional requirements are specified in a relevant standard, the standard will identify any unnecessary or duplicated requirements in this paragraph that the owner or operator need not comply with.

(B) The owner or operator of each COMS shall reduce all data to 6-minute averages calculated from 36 or more data points equally spaced over each 6-minute period. Data from CEMS for measurement other than opacity, unless otherwise specified in the relevant standard, shall be reduced to 1-hour averages computed from four or more data points equally spaced over each 1-hour period, except during periods when calibration, quality assurance, or maintenance activities pursuant to provisions of this section are being performed. During these periods, a valid hourly average shall consist of at least two data points with each representing a 15-minute period. Alternatively, an arithmetic or integrated 1-hour average of CEMS data may be used. Time periods for averaging are defined in subsection (e).

(D) All emission data shall be converted into units of the relevant standard for reporting purposes using the conversion procedures specified in that standard. After conversion into units of the relevant standard, the data may be rounded to the same number of significant digits as used in that standard to specify the emission limit (e.g., rounded to the nearest 1 percent opacity).

(E) Monitoring data recorded during periods of unavoidable CMS breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level adjustments shall not be included in any data average computed under this section.

(k) Notification Requirements.

(i) Applicability and General Information.

(A) The requirements in this subsection apply to owners and operators of affected sources that are subject to the provisions of this section, unless specified otherwise in a relevant standard.

(B) For affected sources that have been granted an extension of compliance under 40 CFR part 63, Subpart D, the requirements of this subsection do not apply to those sources while they are operating under such compliance extensions.

(C) The owner or operator of an affected source, which is subject to the notification requirements shall submit notifications to the Administrator. The owner or operator shall send a copy of each notification submitted to the Administrator to the appropriate regional office of the EPA, to satisfy the requirements of this section for that notification. The regional office may waive this requirement for any notifications at its discretion.

(ii) Initial Notifications.

(A) (I) The requirements of this paragraph apply to the owner or operator of an affected source when such source becomes subject to a relevant standard.

(II) If an area source that otherwise would be subject to an emission standard or other requirement established under this section if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source that is subject to the emission standard or other requirement, such source shall be subject to the notification requirements of this subsection.

(III) Affected sources that are required under this paragraph to submit an initial notification may use the application for approval of construction or reconstruction under Chapter 6, Section 5(a)(iii), if relevant, to fulfill the initial notification requirements of this paragraph.

(B) The owner or operator of an affected source that has an initial startup before the effective date of a relevant standard under this section shall notify the Administrator in writing that the source is subject to the relevant standard. The notification, which shall be submitted not later than 120 calendar days after the effective date of the relevant standard (or within 120 calendar days after the source becomes subject to the relevant standard), shall provide the following information:

(I) The name and address of the owner or operator;

(II) The address (i.e., physical location) of the affected source;

(III) An identification of the relevant standard, or other requirement, that is the basis of the notification and the source’s compliance date;

(IV) A brief description of the nature, size, design, and method of operation of the source, including its operating design capacity and an identification of each point of emission for each hazardous air pollutant, or if a definitive identification is not yet possible, a preliminary identification of each point of emission for each hazardous air pollutant; and

(V) A statement of whether the affected source is a major source or an area source.

(C) The owner or operator of a new or reconstructed affected source, or a source that has been reconstructed such that it is an affected source, that has an initial startup after the effective date of a relevant standard under this section and for which an application for approval of construction or reconstruction is not required under Chapter 6, Section 5(a)(iii), shall notify the Administrator in writing that the source is subject to the relevant standard no later than 120 after initial startup. The notification shall provide all the information required in paragraphs (ii)(B)(I) through (ii)(B)(V) of this subsection, delivered or postmarked with the notification required in paragraph (ii)(E).

(D) The owner or operator of a new or reconstructed major affected source that has an initial startup after the effective date of a relevant standard under this section and for which an application for approval of construction or reconstruction is required under Chapter 6, Section 5(a)(iii) shall provide the following information in writing to the Administrator:

(I) A notification of intention to construct a new major affected source, reconstruct a major affected source, or reconstruct a major source such that the source becomes a major affected source with the application for approval of construction or reconstruction as specified in Chapter 6, Section 5(a)(iii)(A)(I);

(II) A notification of the date when construction or reconstruction was commenced, submitted simultaneously with the application for approval of construction or reconstruction, if construction or reconstruction was commenced before the effective date of the relevant standard;

(III) A notification of the date when construction or reconstruction was commenced, delivered or postmarked not later than 30 days after such date, if construction or reconstruction was commenced after the effective date of the relevant standard;

(IV) A notification of the anticipated date of startup of the source, delivered or postmarked not more than 60 days nor less than 30 days before such date; and

(V) A notification of the actual date of startup of the source, delivered or postmarked within 15 calendar days after that date.

(E) After the effective date of any relevant standard under this section, an owner or operator who intends to construct a new affected source or reconstruct an affected source subject to such standard, or reconstruct a source such that it becomes an affected source subject to such standard, shall notify the Administrator, in writing, of the intended construction or reconstruction. The notification shall be submitted as soon as practicable before the construction or reconstruction is planned to commence (but no sooner than the effective date of the relevant standard) if the construction or reconstruction commences after the effective date of a relevant standard promulgated in this section. The notification shall be submitted as soon as practicable before startup but no later than 60 days after the effective date of a relevant standard promulgated in this section if the construction or reconstruction had commenced and initial startup had not occurred before the standard’s effective date. The notification shall include all the information required for an application for approval of construction or reconstruction as specified in Chapter 6, Section 5(a)(iii). For major sources, the application for approval of construction or reconstruction may be used to fulfill the requirements of this paragraph.

(iii) Request for Extension of Compliance. If the owner or operator of an affected source cannot comply with a relevant standard by the applicable compliance date for that source, or if the owner or operator has installed BACT or technology to meet LAER consistent with subsection (h)(viii)(E) of this section a request for an extension of compliance may be submitted to the Administrator as specified in subsection (h)(viii)(D) through subsection (h)(viii)(F).

(iv) Notification That Source is Subject to Special Compliance Requirements. An owner or operator of a new source that is subject to special compliance requirements as specified in subsection (h)(ii)(C) and subsection (h)(ii)(D) shall notify the Administrator of the compliance obligations not later than the notification dates established in paragraph (ii) of this subsection for new sources that are not subject to the special provisions.

(v) Notification of Performance Test. The owner or operator of an affected source shall notify the Administrator in writing of the intention to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin to allow the Administrator to review and approve the site-specific test plan required under subsection (i)(iii), if requested by the Administrator, and to have an observer present during the test.

(vi) Notification of Opacity and Visible Emission Observations. The owner or operator of an affected source shall notify the Administrator in writing of the anticipated date for conducting the opacity or visible emission observations specified in subsection (h)(vii)(D), if such observations are required for the source by a relevant standard. The notification shall be submitted with the notification of the performance test date, as specified in paragraph (v) of this subsection, or if no performance test is required or visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the initial performance test required under subsection (i), the owner or operator shall deliver or postmark the notification not less than 30 days before the opacity or visible emission observations are scheduled to take place.

(vii) Additional Notification Requirements for Sources With Continuous Monitoring Systems. The owner or operator of an affected source required to use a CMS by a relevant standard shall furnish the Administrator written notification as follows:

(A) A notification of the date the CMS performance evaluation under subsection (j)(v) is scheduled to begin, submitted simultaneously with the notification of the performance test date required under subsection (i)(ii). If no performance test is required, or if the requirement to conduct a performance test has been waived for an affected source under subsection (i)(viii), the owner or operator shall notify the Administrator in writing of the date of the performance evaluation at least 60 calendar days before the evaluation is scheduled to begin;

(B) A notification that COMS data results will be used to determine compliance with the applicable opacity emission standard during a performance test required by subsection (i) in lieu of Method 9 or other opacity emissions test method data, as allowed by subsection (h)(vii)(F)(II), if compliance with an opacity emission standard is required for the source by a relevant standard. The notification shall be submitted at least 60 calendar days before the performance test is scheduled to begin; and

(C) A notification that the criterion necessary to continue use of an alternative to relative accuracy testing, as provided by subsection (j)(vi)(F), has been exceeded. The notification shall be delivered or postmarked not later than 10 days after the occurrence of such exceedance, and it shall include a description of the nature and cause of the increased emissions.

(viii) Notification of Compliance Status.

(A) The requirements of paragraphs (viii)(B) through (viii)(C) of this subsection apply when an affected source becomes subject to a relevant standard.

(B) (I) Before an operating permit has been issued to the owner or operator of an affected source, and each time a notification of compliance status is required under this section, the owner or operator of such source shall submit to the Administrator a notification of compliance status, signed by the responsible official who shall certify its accuracy, attesting to whether the source has complied with the relevant standard. The notification shall list:

(1.) The methods that were used to determine compliance;

(2.) The results of any performance tests, opacity or visible emission observations, continuous monitoring system (CMS) performance evaluations, and/or other monitoring procedures or methods that were conducted;

(3.) The methods that will be used for determining continuing compliance, including a description of monitoring and reporting requirements and test methods;

(4.) The type and quantity of hazardous air pollutants emitted by the source (or surrogate pollutants if specified in the relevant standard), reported in units and averaging times and in accordance with the test methods specified in the relevant standard;

(5.) An analysis demonstrating whether the affected source is a major source or an area source (using the emissions data generated for this notification);

(6.) A description of the air pollution control equipment (or method) for each emission point, including each control device (or method) for each hazardous air pollutant and the control efficiency (percent) for each control device (or method); and

(7.) A statement by the owner or operator of the affected existing, new, or reconstructed source as to whether the source has complied with the relevant standard or other requirements.

(II) The notification shall be sent before the close of business on the 60^th day following the completion of the relevant compliance demonstration activity specified in the relevant standard (unless a different reporting period is specified in a relevant standard, in which case the letter shall be sent before the close of business on the day the report of the relevant testing or monitoring results is required to be delivered or postmarked). For example, the notification shall be sent before close of business on the 60^th (or other required) day following completion of the initial performance test and again before the close of business on the 60^th (or other required) day following the completion of any subsequent required performance test. If no performance test is required but opacity or visible emission observations are required to demonstrate compliance with an opacity or visible emission standard under this section, the notification of compliance status shall be sent before close of business on the 30^th day following the completion of opacity or visible emission observations.

(C) After an operating permit has been issued to the owner or operator of an affected source, the owner or operator of such source shall comply with all requirements for compliance status reports contained in the source’s operating permit, including reports required under this section. After an operating permit has been issued to the owner or operator of an affected source, and each time a notification of compliance status is required under this section, the owner or operator of such source shall submit the notification of compliance status to the Administrator following completion of the relevant compliance demonstration activity specified in the relevant standard.

(D) If an owner or operator of an affected source submits estimates or preliminary information in the application for approval of construction or reconstruction required in Chapter 6, Section 5(a)(iii) in place of the actual emissions data or control efficiencies required in paragraphs (iii)(A)(II)(8.) and (iii)(B) of Chapter 6, Section 5(a), the owner or operator shall submit the actual emissions data and other correct information as soon as available but no later than with the initial notification of compliance status required in this subsection.

(E) Advice on a notification of compliance status may be obtained from the Administrator.

(ix) Adjustment to Time Periods or Postmark Deadlines for Submittal and Review of Required Communications.

(A) (I) Until an adjustment of a time period or postmark deadline has been approved by the Administrator under paragraphs (ix)(B) and (ix)(C) of this subsection, the owner or operator of an affected source remains strictly subject to the requirements of this section.

(II) An owner or operator shall request the adjustment provided for in paragraphs (ix)(B) and (ix)(C) of this subsection each time changes to an applicable time period or postmark deadline specified in this section, are necessary.

(B) Notwithstanding time period or postmark deadlines specified in this section for the submittal of information to the Administrator by an owner or operator, or the review of such information by the Administrator, such time periods or deadlines may be changed by mutual agreement between the owner or operator and the Administrator. An owner or operator who wishes to request a change in a time period or postmark deadline for a particular requirement shall request the adjustment in writing as soon as practicable before the subject activity is required to take place. The owner or operator shall include in the request any information considered useful to convince the Administrator that an adjustment is warranted.

(D) If the Administrator is unable to meet a specified deadline, the owner or operator will be notified of any significant delay and inform the owner or operator of the amended schedule.

(x) Change in Information Already Provided. Any change in the information already provided under this subsection shall be provided to the Administrator in writing within 15 calendar days after the change.

(l) Recordkeeping and Reporting Requirements.

(i) Applicability and General Information.

(A) The requirements of this subsection apply to owners or operators of affected sources who are subject to the provisions of this section, unless specified otherwise in a relevant standard.

(B) For affected sources that have been granted an extension of compliance under 40 CFR part 63 Subpart D, the requirements of this subsection do not apply to those sources while they are operating under such compliance extensions.

(C) The owner or operator of an affected source, subject to the recordkeeping and reporting requirements shall submit reports to the Administrator. In addition, the owner or operator shall send a copy of each report submitted to the state to the appropriate regional office of the EPA, to satisfy the requirements of this subsection for that report. The regional office may waive this requirement for any reports at its discretion.

(D) Each owner or operator required to install a continuous monitoring system shall submit a written report of excess emissions (as defined in applicable subparts) to the Administrator for every calendar quarter.

(E) Periodic reports shall be submitted to the Administrator on the following schedules:

(I) All quarterly reports shall be postmarked by the 30^th day following the end of each calendar quarter.

(II) All semi-annual reports required in this section and the associated subparts, shall be postmarked by the 30^th day following the end of each calendar half.

(F) For each relevant standard established pursuant to section 112 of the Act, the schedule for submitting periodic reports applies beginning 1 year after the affected source’s compliance date for that standard. Procedures governing the implementation of this provision are specified in subsection (k)(ix).

(G) If an owner or operator supervises one or more stationary sources affected by more than one standard established pursuant to section 112 of the Act, it may be arranged by mutual agreement between the owner or operator and the Administrator a common schedule on which periodic reports required for each source shall be submitted throughout the year. The allowance in the previous sentence applies beginning 1 year after the latest compliance date for any relevant standard established pursuant to section 112 of the Act for any such affected source(s). Procedures governing the implementation of this provision are specified in subsection (k)(ix).

(H) If an owner or operator supervises one or more stationary sources affected by standards established pursuant to section 112 of the Act (as amended November 15, 1990) and standards set under 40 CFR part 60, and/or 40 CFR part 61, it may be arranged by mutual agreement between the owner or operator and the Administrator for a common schedule on which periodic reports required by each relevant (i.e., applicable) standard shall be submitted throughout the year. The allowance in the previous sentence applies beginning 1 year after the stationary source is required to be in compliance with the relevant section 112 standard, or 1 year after the stationary source is required to be in compliance with the applicable part 60 or part 61 standard, whichever is latest. Procedures governing the implementation of this provision are specified in subsection (k)(ix).

(ii) General Recordkeeping Requirements.

(A) The owner or operator of an affected source subject to the provisions of this section shall maintain files of all information (including all reports and notifications) required by this section recorded in a form suitable and readily available for expeditious inspection and review. The files shall be retained for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. At a minimum, the most recent 2 years of data shall be retained on site. The remaining 3 years of data may be retained off site. Such files may be maintained on microfilm, on a computer, on computer floppy disks, on magnetic tape disks, or on microfiche.

(B) The owner or operator of an affected source subject to the provisions of this section shall maintain relevant records for such source of:

(I) The occurrence and duration of each startup, shutdown, or malfunction of operation (i.e., process equipment);

(II) The occurrence and duration of each malfunction of the air pollution control equipment;

(III) All maintenance performed on the air pollution control equipment;

(IV) Actions taken during periods of startup, shutdown, and malfunction (including corrective actions to restore malfunctioning process and air pollution control equipment to its normal or usual manner of operation) when such actions are different from the procedures specified in the affected source’s startup, shutdown, and malfunction plan [see subsection (h)(iv)(C)];

(V) All information necessary to demonstrate conformance with the affected source’s startup, shutdown, and malfunction plan [see subsection (h)(iv)(C)] when all actions taken during period of startup, shutdown, and malfunction (including corrective actions to restore malfunctioning process and air pollution control equipment to its normal or usual manner of operation) are consistent with the procedures specified in such plan. (The information needed to demonstrate conformance with the startup, shutdown, and malfunction plan may be recorded using a “checklist”, or some other effective form of recordkeeping, in order to minimize the recordkeeping burden for conforming events);

(VI) Each period during which a CMS is malfunctioning or inoperative (including out-of-control periods);

(VII) All required measurements needed to demonstrate compliance with a relevant standard (including, but not limited to, 15-minute averages of CMS data, raw performance testing measurements, and raw performance evaluation measurements, that support data that the source is required to report);

(VIII) All results of performance tests, CMS performance evaluations, and opacity and visible emission observations;

(IX) All measurements as may be necessary to determine the conditions of performance tests and performance evaluations;

(X) All CMS calibration checks;

(XI) All adjustments and maintenance performed on CMS;

(XII) Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements under this section, if the source has been granted a waiver under paragraph (vi) of this subsection;

(XIII) All emission levels relative to the criterion for obtaining permission to use an alternative to the relative accuracy test, if the source has been granted such permission under subsection (j)(vi)(F); and

(XIV) All documentation supporting initial notifications and notifications of compliance status under subsection (k).

(C) Recordkeeping Requirement for Applicability Determinations. If an owner or operator determines that his or her stationary source that emits (or has the potential to emit, without considering controls) one or more hazardous air pollutants is not subject to a relevant standard or other requirement established under this section, the owner or operator shall keep a record of the applicability determination on site at the source for a period of 5 years after the determination, or until the source changes its operations to become an affected source, whichever comes first. The record of the applicability determination shall include an analysis (or other information) that demonstrates why the owner or operator believes the source is unaffected (e.g., because the source is an area source). The analysis (or other information) shall be sufficiently detailed to allow the Administrator to make a finding about the source’s applicability status with regard to the relevant standard or other requirement. If relevant, the analysis shall be performed in accordance with requirements established in subparts of this section for this purpose for particular categories of stationary sources. If relevant, the analysis should be performed in accordance with EPA guidance materials published to assist sources in making applicability determinations under section 112, if any.

(iii) Additional Recordkeeping Requirements for Sources With Continuous Monitoring Systems. In addition to complying with the requirements specified in paragraphs (ii)(A) and (ii)(B) of this subsection, the owner or operator of an affected source required to install a CMS by a relevant standard shall maintain records for such source of:

(A) All required CMS measurements (including monitoring data recorded during unavoidable CMS breakdowns and out-of-control periods);

(B) The date and time identifying each period during which the CMS was inoperative except for zero (low-level) and high-level checks;

(C) The date and time identifying each period during which the CMS was out of control, as defined in subsection (j)(iii)(G);

(D) The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions and parameter monitoring exceedances, as defined in the relevant standard(s), that occurs during startups, shutdowns, and malfunctions of the affected source;

(E) The specific identification (i.e., the date and time of commencement and completion) of each time period of excess emissions and parameter monitoring exceedances, as defined in the relevant standard(s), that occurs during periods other than startups, shutdowns, and malfunctions of the affected source;

(F) The nature and cause of any malfunction (if known);

(G) The corrective action taken or preventive measures adopted;

(H) The nature of the repairs or adjustments to the CMS that was inoperative or out of control;

(I) The total process operating time during the reporting period; and

(J) All procedures that are part of a quality control program developed and implemented for CMS under subsection (j)(iv).

(K) In order to satisfy the requirements of paragraphs (iii)(F) through (iii)(H) of this subsection and to avoid duplicative recordkeeping efforts, the owner or operator may use the affected source’s startup, shutdown, and malfunction plan or records kept to satisfy the recordkeeping requirements of the startup, shutdown, and malfunction plan specified in subsection (h)(iv), provided that such plan and records adequately address the requirements of paragraphs (iii)(F) through (iii)(H).

(iv) General Reporting Requirements.

(A) Notwithstanding the requirements in this paragraph or paragraph (v) of this subsection, the owner or operator of an affected source subject to reporting requirements under this section shall submit reports to the Administrator in accordance with the reporting requirements in the relevant standard(s).

(B) Reporting Results of Performance Tests. The results of any performance test performed as required in subsection (i) of Chapter 5, Section 3, or as required in the applicable subparts of 40 CFR part 63 shall be submitted to the Administrator. The owner or operator of an affected source shall report the results of the performance test before the close of business on the 60^th day following the completion of the performance test, unless specified otherwise in a relevant standard or as approved otherwise in writing by the Administrator. The results of the performance test shall be submitted as part of the notification of compliance status required under subsection (k)(viii).

(C) Reporting Results of Opacity or Visible Emission Observations. The owner or operator of an affected source required to conduct opacity or visible emission observations by a relevant standard shall report the opacity or visible emission results (produced using Test Method 9 or Test Method 22, or an alternative to these test methods) along with the results of the performance test required under subsection (i). If no performance test is required, or if visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the performance test required under subsection (i), the owner or operator shall report the opacity or visible emission results before the close of business on the 30^th day following the completion of the opacity or visible emission observations.

(D) Progress Reports. The owner or operator of an affected source who is required to submit progress reports as a condition of receiving an extension of compliance under subsection (h)(viii) shall submit such reports to the Administrator by the dates specified in the written extension of compliance.

(E) (I) Periodic Startup, Shutdown, and Malfunction Reports. If actions taken by an owner or operator during a startup, shutdown, or malfunction of an affected source (including actions taken to correct a malfunction) are consistent with the procedures specified in the source’s startup, shutdown, and malfunction plan [see subsection (h)(iv)(C)], the owner or operator shall state such information in a startup, shutdown, and malfunction report. Reports shall only be required if a startup, shutdown, or malfunction occurred during the reporting period. The startup, shutdown, and malfunction report shall consist of a letter, containing the name, title, and signature of the owner or operator or other responsible official who is certifying its accuracy, that shall be submitted to the Administrator semiannually (or on a more frequent basis if specified otherwise in a relevant standard or as established otherwise by the Administrator in the source’s operating permit). The startup, shutdown, and malfunction report shall be delivered or postmarked by the 30^th day following the end of each calendar half (or other calendar reporting period, as appropriate). If the owner or operator is required to submit excess emissions and continuous monitoring system performance (or other periodic) reports under this section, the startup, shutdown, and malfunction reports required under this paragraph may be submitted simultaneously with the excess emissions and continuous monitoring system performance (or other) reports. If startup, shutdown, and malfunction reports are submitted with excess emissions and continuous monitoring system performance (or other periodic) reports, and the owner or operator receives approval to reduce the frequency of reporting for the latter under paragraph (v) of this subsection, the frequency of reporting for the startup, shutdown, and malfunction reports also may be reduced if the Administrator does not object to the intended change. The procedures to implement the allowance in the preceding sentence shall be the same as the procedures specified in paragraph (v)(C) of this subsection.

(II) Immediate Startup, Shutdown, and Malfunction Reports. Notwithstanding the allowance to reduce the frequency of reporting for periodic startup, shutdown, and malfunction reports under paragraph (iv)(E)(I) of this subsection, any time an action taken by an owner or operator during a startup, shutdown, or malfunction (including actions taken to correct a malfunction) is not consistent with the procedures specified in the affected source’s startup, shutdown, and malfunction plan, the owner or operator shall report the actions taken for that event within 24 hours of the malfunction followed by a letter within 7 working days after the end of the event. The immediate report required under this paragraph shall consist of a telephone call (or facsimile [FAX] transmission) to the Administrator within 24 hours of the malfunction, and it shall be followed by a letter, delivered or postmarked within 7 working days after the end of the event, that contains the name, title, and signature of the owner or operator or other responsible official who is certifying its accuracy, explaining the circumstances of the event, the reasons for not following the startup, shutdown, and malfunction plan, and whether any excess emissions and/or parameter monitoring exceedances are believed to have occurred. Procedures governing the arrangement of alternative reporting requirements under this paragraph are specified in subsection (k)(ix). Alternative reporting requirements may be established as allowed by the source’s operating permit.

(v) Additional Reporting Requirements for Sources With Continuous Monitoring Systems.

(A) General. When more than one CEMS is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required for each CEMS.

(B) Reporting Results of Continuous Monitoring System Performance Evaluations.

(I) The owner or operator of an affected source required to install a CMS by a relevant standard shall furnish the Administrator a copy of a written report of the results of the CMS performance evaluation, as required under subsection (j)(v), simultaneously with the results of the performance test required under subsection (i), unless otherwise specified in the relevant standard.

(II) The owner or operator of an affected source using a COMS to determine opacity compliance during any performance test required under subsection (i) and described in subsection (h)(vii)(F) shall furnish the Administrator two or, upon request, three copies of a written report of the results of the COMS performance evaluation conducted under subsection (j)(v). The copies shall be furnished at least 15 calendar days before the performance test required under subsection (i) is conducted.

(I) Excess emissions and parameter monitoring exceedances are defined in relevant standards. The owner or operator of an affected source required to install a CMS by a relevant standard shall submit an excess emissions and continuous monitoring system performance report and/or a summary report to the Administrator semiannually, except when:

(1.) More frequent reporting is specifically required by a relevant standard;

(2.) The Administrator determines on a case-by-case basis that more frequent reporting is necessary to accurately assess the compliance status of the source; or

(3.) The CMS data are to be used directly for compliance determination and the source experienced excess emissions, in which case quarterly reports shall be submitted. Once a source reports excess emissions, the source shall follow a quarterly reporting format until a request to reduce reporting frequency under paragraph (v)(C)(II) of this subsection is approved.

(II) Request to Reduce Frequency of Excess Emissions and Continuous Monitoring System Performance Reports. Notwithstanding the frequency of reporting requirements specified in paragraph (v)(C)(I) of this subsection, an owner or operator who is required by a relevant standard to submit excess emissions and continuous monitoring system performance (and summary) reports on a quarterly (or more frequent) basis may reduce the frequency of reporting for that standard to semiannual if the following conditions are met:

(1.) For 1 full year (e.g., 4 quarterly or 12 monthly reporting periods) the affected source’s excess emissions and continuous monitoring system performance reports continually demonstrate that the source is in compliance with the relevant standard;

(2.) The owner or operator continues to comply with all recordkeeping and monitoring requirements specified in this section and the relevant standard;

(3.) The Administrator does not object to a reduced frequency of reporting for the affected source, as provided in paragraph (v)(C)(III) of this subsection, and

(4.) The operating permit for the source allows the reduction in frequency of reporting.

(III) The frequency of reporting of excess emissions and continuous monitoring system performance (and summary) reports required to comply with a relevant standard may be reduced only after the owner or operator notifies the Administrator in writing of his or her intention to make such a change and the Administrator does not object to the intended change. In deciding whether to approve a reduced frequency of reporting, the Administrator may review information concerning the source’s entire previous performance history during the 5-year recordkeeping period prior to the intended change, including performance test results, monitoring data, and evaluations of an owner or operator’s conformance with operation and maintenance requirements. Such information may be used by the Administrator to make a judgment about the source’s potential for noncompliance in the future. The Administrator will notify the owner or operator of the approval or disapproval of the request to reduce the frequency of reporting in writing within 45 days after receiving notice of the owner or operator’s intention. The notification from the Administrator to the owner or operator will specify the grounds on which a disapproval is based.

(IV) As soon as CMS data indicate that the source is not in compliance with any emission limitation or operating parameter specified in the relevant standard, the frequency of reporting shall revert to the frequency specified in the relevant standard, and the owner or operator shall submit an excess emissions and continuous monitoring system performance (and summary) report for the noncomplying emission points at the next appropriate reporting period following the noncomplyling event. After demonstrating ongoing compliance with the relevant standard for another full year, the owner or operator may again request approval from the Administrator to reduce the frequency of reporting for that standard, as provided for in paragraphs (v)(C)(II) and (v)(C)(III) of this subsection.

(V) Content and Submittal Dates for Excess Emissions and Monitoring System Performance Reports. All excess emissions and monitoring system performance reports and all summary reports, if required, shall be delivered or postmarked by the 30^th day following the end of each calendar half or quarter, as appropriate. Written reports of excess emissions or exceedances of process or control system parameters shall include all the information required in paragraphs (iii)(B) through (iii)(I) of this subsection, in subsection (j)(iii)(G) and subsection (j)(iii)(H), and in the relevant standard, and they shall contain the name, title, and signature of the responsible official who is certifying the accuracy of the report. When no excess emissions or exceedances of a parameter have occurred, or a CMS has not been inoperative, out of control, repaired, or adjusted, such information shall be stated in the report.

(VI) Summary Report. As required under paragraphs (v)(C)(VII) and (v)(C)(VIII) of this subsection, one summary report shall be submitted for the hazardous air pollutants monitored at each affected source (unless the relevant standard specifies that more than one summary report is required, e.g., one summary report for each hazardous air pollutant monitored). The summary report shall be entitled “Summary Report - Gaseous and Opacity Excess Emission and Continuous Monitoring System Performance” and shall contain the following information:

(1.) The company name and address of the affected source;

(2.) An identification of each hazardous air pollutant monitored at the affected source;

(3.) The beginning and ending dates of the reporting period;

(4.) A brief description of the process units;

(5.) The emission and operating parameter limitations specified in the relevant standards(s);

(6.) The monitoring equipment manufacturer(s) and model number(s);

(7.) The date of the latest CMS certification or audit;

(8.) The total operating time of the affected source during the reporting period;

(9.) An emission data summary (or similar summary if the owner or operator monitors control system parameters), including the total duration of excess emissions during the reporting period (recorded in minutes for opacity and hours for gases), the total duration of excess emissions expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total duration of excess emissions during the reporting period into those that are due to startup/shutdown, control equipment problems, process problems, other known causes, and other unknown causes;

(10.) A CMS performance summary (or similar summary if the owner or operator monitors control system parameters), including the total CMS downtime during the reporting period (recorded in minutes for opacity and hours for gases), the total duration of CMS downtime expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total CMS downtime during the reporting period into periods that are due to monitoring equipment malfunctions, nonmonitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and other unknown causes;

(11.) A description of any changes in CMS, processes, or controls since the last reporting period;

(12.) The name, title, and signature of the responsible official who is certifying the accuracy of the report; and

(13.) The date of the report.

(VII) If the total duration of excess emissions or process or control system parameter exceedances for the reporting period is less than 1 percent of the total operating time for the reporting period, and CMS downtime for the reporting period is less than 5 percent of the total operating time for the reporting period, only the summary report shall be submitted, and the full excess emissions and continuous monitoring system performance report need not be submitted unless required by the Administrator.

(VIII) If the total duration of excess emissions or process or control system parameter exceedances for the reporting period is 1 percent or greater of the total operating time for the reporting period, or the total CMS downtime for the reporting period is 5 percent or greater of the total operating time for the reporting period, both the summary report and the excess emissions and continuous monitoring system performance report shall be submitted.

(D) Reporting Continuous Opacity Monitoring System Data Produced During a Performance Test. The owner or operator of an affected source required to use a COMS shall record the monitoring data produced during a performance test required under subsection (i) and shall furnish the Administrator a written report of the monitoring results. The report of COMS data shall be submitted simultaneously with the report of the performance test results required in paragraph (iv)(B) of this subsection.

(vi) Waiver of Recordkeeping or Reporting Requirements.

(A) Until a waiver of a recordkeeping or reporting requirement has been granted by the Administrator under this paragraph, the owner or operator of an affected source remains subject to the requirements of this subsection.

(B) Recordkeeping or reporting requirements may be waived upon written application to the Administrator if, in the Administrator’s judgment, the affected source is achieving the relevant standard(s), or the source is operating under an extension of compliance, or the owner or operator has requested an extension of compliance and the Administrator is still considering that request.

(C) If an application for a waiver of recordkeeping or reporting is made, the application shall accompany the request for an extension of compliance under subsection (h)(viii), any required compliance progress report or compliance status report required under this section [such as under subsection (h)(viii) and subsection (k)(viii)] or in the source’s operating permit, or an excess emissions and continuous monitoring system performance report required under paragraph (v) of this subsection, whichever is applicable. The application shall include whatever information the owner or operator considers useful to convince the Administrator that a waiver of recordkeeping or reporting is warranted.

(D) The Administrator will approve or deny a request for a waiver of recordkeeping or reporting requirements under this paragraph when the Administrator:

(I) Approves or denies an extension of compliance; or

(II) Makes a determination of compliance following the submission of a required compliance status report or excess emissions and continuous monitoring systems performance report; or

(III) Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable, and

(IV) It is determined that the Administrator is capable of waiving these requirements under the source’s operating permit in accordance with Chapter 6, Section 3.

(E) A waiver of any recordkeeping or reporting requirement granted under this paragraph may be conditioned on other recordkeeping or reporting requirements deemed necessary by the Administrator.

(F) Approval of any waiver granted under this subsection shall not abrogate the Administrator’s authority under the Wyoming Environmental Quality Act or in any way prohibit the Administrator from later canceling the waiver. The cancellation will be made only after notice is given to the owner or operator of the affected source.

(m) Control Device Requirements.

(i) Applicability. This subsection contains requirements for control devices used to comply with provisions in relevant standards. These requirements apply only to affected sources covered by relevant standards referring directly or indirectly to this subsection.

(ii) Flares.

(A) Owners or operators using flares to comply with the provisions of this section shall monitor these control devices to assure that they are operated and maintained in conformance with their designs. Applicable subparts will provide provisions stating how owners or operators using flares shall monitor these control devices.

(B) Flares shall be steam-assisted, air-assisted, or non-assisted.

(D) Flares shall be designed for and operated with no visible emissions, except for periods not to exceed a total of 5 minutes during any 2 consecutive hours. Test Method 22 in 40 CFR part 60, Appendix A shall be used to determine the compliance of flares with the visible emission provisions of this section. The observation period is 2 hours and shall be used according to Method 22.

(E) Flares shall be operated with a flame present at all times. The presence of a flare pilot flame shall be monitored using a thermocouple or any other equivalent device to detect the presence of a flame.

(F) Flares shall be used only with the net heating value of the gas being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or air-assisted; or with the net heating value of the gas being combusted at 7.45 MJ/scm (Btu/scf) or greater if the flare is non-assisted. The net heating value of the gas being combusted in a flare shall be calculated using the following equation:

Where:

H_T = Net heating value of the sample, MJ/scm; where the net enthalpy per mole

of offgas is based on combustion at 25°C and 760 mm Hg, but the

standard temperature for determining the volume corresponding to one

mole is 20°C.

K = Constant =

where the standard temperature for (g-mole/scm) is 20°C.

C_i = Concentration of sample component i in ppmv on a wet basis, as measured

for organics by Test Method 18 and measured for hydrogen and carbon

monoxide by American Society for Testing and Materials (ASTM) ~~D1946-~~

~~77 (incorporated by reference as specified in subsection (q))~~ D1946-90

(2006) Standard Practice for Analysis of Reformed Gas by Gas Chromatography.

H_i = Net heat of combustion of sample component i, kcal/g-mole at 25°C and

760 mm Hg. The heats of combustion may be determined using ASTM

~~D2382-76 (incorporated by reference as specified in subsection (q))~~ D4809-00 (2005) Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method) if

published values are not available or cannot be calculated.

n = Number of sample components.

(G) (I) Steam-assisted and nonassisted flares shall be designed for and operated with an exit velocity less than 18.3 m/sec (60 ft/sec), except as provided in paragraphs (ii)(G)(II) and (ii)(G)(III) of this subsection. The actual exit velocity of a flare shall be determined by dividing by the volumetric flow rate of gas being combusted (in units of emission standard temperature and pressure), as determined by Test Methods 2, 2A, 2C, or 2D in 40 CFR part 60, Appendix A, as appropriate, by the unobstructed (free) cross-sectional area of the flare tip.

(II) Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the method specified in paragraph (ii)(G)(I) of this subsection, equal to or greater than 18.3 m/sec (60 ft/sec) but less than 122 m/sec (400 ft/sec), are allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).

(III) Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the method specified in paragraph (ii)(G)(I) of this subsection, less than the velocity V_max, as determined by the method specified in this paragraph, but less than 122 m/sec (400 ft/sec) are allowed. The maximum permitted velocity, V_max, for flares complying with this paragraph shall be determined by the following equation:

Where:

V_max = Maximum permitted velocity, m/sec.

28.8 = Constant.

31.7 = Constant.

H_T = The net heating value as determined in paragraph (ii)(F) of this subsection.

(H) Air-assisted flares shall be designed and operated with an exit velocity less than the velocity V_max. The maximum permitted velocity, V_max, for air-assisted flares shall be determined by the following equation:

V_max = 8.706 + 0.7084(H_T)

Where:

V_max = Maximum permitted velocity, m/sec.

8.706 = Constant.

0.7084 = Constant.

H_T = The net heating value as determined in paragraph (ii)(F) of this subsection.

(n) Availability of Information and Confidentiality.

(i) Availability of Information.

(A) With the exception of information protected through sections 35-11-1101(a) and 35-11-205(d) of the Wyoming Environmental Quality Act and subsection (n)(ii), all reports, records, and other information collected by the Administrator under this section, are available to the public. In addition, a copy of each permit application, compliance plan (including the schedule of compliance), notification of compliance status, excess emissions and continuous monitoring systems performance report, and operating permit is available to the public, consistent with protections recognized in section 205(d) of the Wyoming Environmental Quality Act.

(B) The availability to the public of information provided to or otherwise obtained by the Administrator under this section shall be governed by section 35-11-1101 and section 205(d) of the Wyoming Environmental Quality Act.

(ii) Confidentiality.

(A) As provided in sections 35-11-1101(a) and 35-11-205(d) of the Wyoming Environmental Quality Act, upon a satisfactory showing that records, reports or information or particular parts thereof, other than emission and pollution data, if made public would divulge trade secrets, the records, reports or information or particular portions thereof shall be treated as confidential by the Administrator. The Administrator may also request that the applicant provide this information directly to the EPA.

(I) An applicant who submits information which is desired to be held confidential may do so by stamping the information as “CONFIDENTIAL” and submitting it in a separate envelope marked “CONFIDENTIAL”.

(B) The contents of an operating permit shall not be entitled to protection under this subsection; however, information submitted as part of an application for an operating permit may be entitled to protection from disclosure.

Section 4. Incorporation by reference.

(a) Code of Federal Regulations (CFR). All Code of Federal Regulations (CFRs), including their Appendices, cited in this Chapter, revised and published as of July 1, 2006, not including any later amendments, are incorporated by reference. Copies of the Code of Federal Regulations are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division of Air Quality, 122 W. 25^th Street, Cheyenne, Wyoming 82002. Copies of the CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214.

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

CHAPTER 11 NATIONAL ACID RAIN PROGRAM

Section 1. Introduction to national acid rain program .......................................... 11-1

Section 2. Acid rain program ................................................................................. 11-1

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

CHAPTER 14 EMISSION TRADING PROGRAM REGULATIONS

Section 1. Introduction to emission trading programs.

(a) Chapter 14 establishes requirements for trading programs authorized under Wyoming Statute 35-11-214. Section 2 implements the Western Backstop (WEB) Sulfur Dioxide Trading Program provisions in accordance with the federal Regional Haze Rule, 40 CFR § 51.309. Section 3 establishes consistent recordkeeping and reporting requirements for stationary sources in Wyoming to determine whether sulfur dioxide emissions remain below the sulfur dioxide milestones established in the state implementation plan for regional haze. Section 4 incorporates provisions of a national mercury (Hg) trading program, established under section 111 of the Clean Air Act (CAA) and 40 CFR part 60, Subpart HHHH. Section 4 also establishes a Wyoming-specific Hg allowance allocation methodology that dovetails with the national trading program. Section 5 incorporates by reference all Code of Federal Regulations (CFRs), including their Appendices, cited in this Chapter, unless portions of said CFRs are specifically excluded.

Section 2. Western backstop sulfur dioxide trading program.

(a) Definitions.

The following additional definitions apply to Chapter 14, Section 2.

“Account Representative” means the individual who is authorized through a Certificate to represent owners and operators of the WEB source with regard to matters under the WEB Trading Program or, for a general account, who is authorized through a Certificate to represent the persons having an ownership interest in allowances in the general account with regard to matters concerning the general account.

“Act” means the federal Clean Air Act, as amended 42 U.S.C. 7401, et seq.

“Actual Emissions” means total annual sulfur dioxideemissions determined in accordance with Section 2(h) of this Chapter or determined in accordance with Section 3 of this Chapter for sources that are not subject to Section 2(h) of this Chapter.

“Allocate” means to assign allowances to a WEB source in accordance with Part C1 of Section C of the Wyoming Regional Haze SIP (WYRHSIP).

“Allowance” means the limited authorization under the WEB Trading Program to emit one ton of sulfur dioxide during a specified control period or any control period thereafter subject to the terms and conditions for use of unused allowances as established by Section 2 of this Chapter.

“Allowance limitation” means the tonnage of sulfur dioxide emissions authorized by the allowances available for compliance deduction for a WEB source under Section 2(k) of this Chapter on the allowance transfer deadline for each control period.

“Allowance Tracking System” means the system where allowances under the WEB Trading Program are recorded, held, transferred and deducted.

“Allowance Tracking System account” means an account in the Allowance Tracking System established for purposes of recording, holding, transferring, and deducting allowances.

“Allowance transfer deadline” means the deadline established in Section 2(i)(ii) of this Chapter when allowances must be submitted for recording in a WEB source’s compliance account in order to demonstrate compliance for that control period.

“Best Available Retrofit Technology (BART)” means that emission reduction control device, facility, method, or system, used to achieve the best continuous emission reduction for each pollutant emitted by an existing stationary facility. The emission limitation shall be established on a case-by-case basis taking into consideration the technology available, the costs of compliance, the energy and non-air quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.

“Certificate” means the completed and signed submission required to designate an account representative for a WEB source or an account representative for a general account.

“Compliance account” means an account established in the Allowance Tracking System under Section 2(g)(i) of this Chapter for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation.

“Compliance certification” means a submission to the Department by the account representative as required under Section 2(k)(ii) of this Chapter to report a WEB source’s compliance or noncompliance with Chapter 14, Section 2.

“Control period” means the period beginning January 1 of each year and ending on December 31 of the same year, inclusive.

“Emissions tracking database” means the central database where sulfur dioxide emissions for WEB sources as recorded and reported in accordance with Section 2 of this Chapter are tracked to determine compliance with allowance limitations.

“Emission unit” means any part of a stationary source that emits or would have the potential to emit any pollutant ~~submitted~~ subject to regulations under the Clean Air Act.

“Existing source” means a stationary source that commenced operation before the program trigger date.

“General account” means an account established in the Allowance Tracking System under Section 2(g) of this Chapter for the purpose of recording allowances held by a person that are not to be used to show compliance with an allowance limitation.

“Milestone” means the maximum level of stationary source regional sulfur dioxide emissions for each year from 2003 to 2018, established according to the procedures in Part A1 of Section C of the WYRHSIP.

“New WEB Source” means a WEB source that commenced operation on or after the program trigger date.

“New Source Set-aside” means a pool of allowances that are available for allocation to new sources in accordance with the provisions of Part C1.3 of Section C of the WYRHSIP.

“Owner or Operator” means any person who is an owner or who operates, controls or supervises a WEB source, and includes but is not limited to any holding company, utility system or plant manager.

“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 Administrator.

“Program trigger date” means the date that the Department determines that the WEB Trading Program has been triggered in accordance with the provisions of Part A3 of Section C of the WYRHSIP.

“Program trigger years” means the years shown in Part A1 of Section C of the WYRHSIP, Table 1, column 3 for the applicable milestone if the WEB Trading Program is triggered as described in Part A3 of Section C of the WYRHSIP.

“Renewable Energy Resource” means a resource that generates electricity by non-nuclear and non-fossil technologies that results in low or no air emissions. The term includes electricity generated by wind energy technologies; solar photovoltaic and solar thermal technologies; geothermal technologies; technologies based on landfill gas and biomass sources, and new low-impact hydropower that meets the Low-Impact Hydropower Institute criteria. Biomass includes agricultural, food and wood wastes. The term does not include pumped storage or biomass from municipal solid waste, black liquor, or treated wood.

“Retired source” means a WEB source that has received a retired source exemption as provided in Section 2(c)(iv) of this Chapter. Any retired source resuming operations under Section 2(c)(iv) of this Chapter, must submit its exemption as part of its registration materials.

“Serial number” means, when referring to allowances, the unique identification number assigned to each allowance by the TSA, in accordance with Section 2(f)(ii) of this Chapter.

“Special Reserve Compliance Account” means an account established in the allowance tracking system under Section 2(g)(i) for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation for emission units that are monitored for SO₂ in accordance with Section 2(h)(i)(B).

“Stationary source” means any building, structure, facility or installation that emits or may emit any air pollutant subject to regulation under the Clean Air Act.

“Submit” means sent to the appropriate authority under the signature of the account representative. For purposes of determining when something is submitted, an official U.S. Postal Service postmark, or equivalent electronic time stamp, shall establish the date of submittal.

“Sulfur dioxide emitting unit” means any equipment that is located at a WEB source and that emits sulfur dioxide.

“Ton” means 2000 pounds and any fraction of a ton equaling 1000 pounds or more shall be treated as one ton and any fraction of a ton equaling less than 1000 pounds shall be treated as zero tons.

“Tracking System Administrator (TSA)” means the person designated by the Department as the administrator of the Allowance Tracking System and the emission tracking database.

“WEB source” means a stationary Western Backstop (WEB) source that meets the applicability requirements of Section 2(c) of this Chapter.

“WEB Trading Program” means Section 2 of this Chapter, triggered as a backstop in accordance with the provisions in Part A3 of Section C of the WYRHSIP, if necessary, to ensure that regional sulfur dioxide emissions are reduced.

“~~Wyoming Regional Haze SIP (~~WYRHSIP)” means the Wyoming Regional Haze State Implementation Plan ~~as revised as of December 2, 2003~~.

(b) WEB Trading Program Trigger.

(i) Except as provided in (ii), the provisions of Section 2 of this Chapter shall ~~become effective~~ apply on the program trigger date that is established in accordance with the procedures in Part A3 of Section C of the WYRHSIP.

(ii) Special Penalty Provisions for ~~Year~~ 2018 Milestone, Section 2(l) of this Chapter, shall ~~become effective~~ apply on January 1, 2018 and shall remain effective until the provisions of Section 2(l) of this Chapter have been fully implemented.

(c) WEB Trading Program Applicability.

(i) General Applicability. Section 2 of this Chapter applies to any stationary source or group of stationary sources that are located on one or more contiguous or adjacent properties and which are under the control of the same person or persons under common control, belonging to the same industrial grouping, and that are described in paragraphs (A) ~~through~~ and (C B) of this subsection. A stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

~~(A) All BART-eligible sources as defined in 40 CFR 51.301 that are BART-eligible due to sulfur dioxideemissions.~~

(B A) All stationary sources ~~not meeting the criteria of (A)~~ that have actual sulfur dioxide emissions of 100 tons or more per year in the Program Trigger Years or any subsequent year. The fugitive emissions of a stationary source shall not be considered in determining whether it is subject to Section 2 of this Chapter unless the source belongs to one of the following categories of stationary source:

(I) Coal cleaning plants (with thermal dryers);

(II) Kraft pulp mills;

(III) Portland cement plants;

(IV) Primary zinc smelters;

(V) Iron and steel mills;

(VI) Primary aluminum ore reduction plants;

(VII) Primary copper smelters;

(VIII) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(IX) Hydrofluoric, sulfuric, or nitric acid plants;

(X) Petroleum refineries;

(XI) Lime plants;

(XII) Phosphate rock processing plants;

(XIII) Coke oven batteries;

(XIV) Sulfur recovery plants;

(XV) Carbon black plants (furnace process);

(XVI) Primary lead smelters;

(XVII) Fuel conversion plants;

(XVIII) Sintering plants;

(XIX) Secondary metal production plants;

(XX) Chemical process plants;

(XXI) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(XXII) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(XXIII) Taconite ore processing plants;

(XXIV) Glass fiber processing plants;

(XXV) Charcoal production plants;

(XXVI) Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or

(XXVII) Any other stationary source category, which as of August 7, 1980 is being regulated under Section 111 or 112 of the Clean Air Act.

(C B) A new source that begins operation after the program trigger date and has the potential to emit 100 tons or more of sulfur dioxide per year.

(ii) The Department may determine on a case-by-case basis, with concurrence from the EPA Administrator, that a stationary source defined in 2(c)(i)(B A) above that has not previously met the applicability requirements of (i) is not subject to Chapter 14, Section 2 if the stationary source had actual sulfur dioxide emissions of 100 tons or more in a single year and in each of the previous five years had actual sulfur dioxide emissions of less than 100 tons per year, and:

(A) (I) The emissions increase was due to a temporary emission increase that was caused by a sudden, infrequent failure of air pollution control equipment, or process equipment, or a failure to operate in a normal or usual manner, and

(II) The stationary source has corrected the failure of air pollution equipment, process equipment, or process by the time of the Department’s determination; or

(B) The stationary source had to switch fuels or feedstocks on a temporary basis and as a result of an emergency situation or unique and unusual circumstances besides the cost of such fuels or feedstocks.

(iii) Duration of Applicability. Except as provided for in Section 2(c)(iv) of this Chapter, once a stationary source is subject to Section 2 of this Chapter, it will remain subject to Chapter 14, Section 2 every year thereafter.

(iv) Retired Source Exemption.

(A) Application. Any WEB source that is permanently retired shall apply for a retired source exemption. The WEB source may only be considered permanently retired if all sulfur dioxide emitting units at the source are permanently retired. The application shall contain the following information:

(I) Identification of the WEB source, including plant name and an appropriate identification code in a format specified by the Department.

(II) Name of Account Representative.

(III) Description of the status of the WEB source, including the date that the WEB source was permanently retired.

(IV) Signed certification that the WEB source is permanently retired and will comply with the requirements of Section 2(c)(iv) of this Chapter.

(V) Verification that the WEB source has a general account where any unused allowances or future allocations will be recorded.

(B) Notice. The retired source exemption becomes effective when the Department notifies the WEB source that the retired source exemption has been granted.

(I) A retired source shall be exempt from Section 2(h) and Section 2(k) of this Chapter, except as provided below.

(II) A retired source shall not emit any sulfur dioxide after the date the retired source exemption is issued.

(III) A WEB source shall submit sulfur dioxide emissions reports, as required by Section 2(h)(viii) of this Chapter for any time period the source was operating prior to the effective date of the retired source exemption. The retired source shall be subject to the compliance provisions of Section 2(k) of this Chapter, including the requirement to hold allowances in the source’s compliance account to cover all sulfur dioxide emissions prior to the date the source was permanently retired.

(IV) A retired source that is still in existence but no longer emitting sulfur dioxide shall, for a period of five years from the date the records are created, retain records demonstrating the effective date of the retired source exemption for purposes of Chapter 14, Section 2.

(D) Resumption of Operations.

(I) Should a retired source desire to resume operation, the retired source must submit registration materials as follows:

(1.) If the source is required to obtain a construction permit under Chapter 6, Section 2 or an operating permit under Chapter 6, Section 3 prior to resuming operation, then registration information as described in Section 2(e)(i) of this Chapter and a copy of the retired source exemption must be submitted with the notice of intent under Chapter 6, Section 2 or the operating permit application required under Chapter 6, Section 3;

(2.) If the source does not meet the criteria of (1.), then registration information as described in Section 2(e)(i) of this Chapter and a copy of the retired source exemption must be submitted to the Department at least ninety (90) days prior to resumption of operation.

(II) The retired source exemption shall automatically expire on the day the retired source resumes operation.

(E) Loss of Future Allowances. A WEB source that is permanently retired and that does not apply to the Department for a retired source exemption within ninety (90) days of the date that the source is permanently retired shall forfeit any unused and future allowances. The abandoned allowances shall be retired directly by the TSA.

(d) Account Representative for WEB Sources.

(i) Each WEB source must identify one account representative and may also identify an alternate account representative who may act on behalf of the account representative. Any representation, action, inaction or submission by the alternate account representative will be deemed to be a representation, action, inaction or submission by the account representative.

(ii) Identification and Certification of an Account Representative.

(A) The account representative and any alternate account representative shall be appointed by an agreement that makes the representations, actions, inactions or submissions of the account representative and any alternate binding on the owners and operators of the WEB source.

(B) The account representative shall submit to the Department and the TSA a signed and dated Certificate that contains the following elements:

(I) Identification of the WEB source by plant name, state and an appropriate identification code in a format specified by the Department;

(II) The name, address, e-mail (if available), telephone and facsimile number of the account representative and any alternate;

(III) A list of owners and operators of the WEB source;

(IV) Information to be part of the emission tracking system database in accordance with Part A2.1 of Section C of the WYRHSIP. The specific data elements shall be as specified by the State of Wyoming to be consistent with the data system structure, and may include basic facility information that may appear in other reports and notices submitted by the WEB source, such as county location, industrial classification codes, and similar general facility information.

(V) The following certification statement: “I certify that I was selected as the account representative or alternate account representative, as applicable, by an agreement binding on the owners and operators of the WEB source. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB Trading Program on behalf of the owners and operators of the WEB source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the Department regarding the WEB Trading Program.”

(C) Upon receipt by the Department of the complete Certificate, the account representative and any alternate account representative represents and, by his or her representations, actions, inactions, or submissions, legally binds each owner and operator of the WEB source in all matters pertaining to the WEB Trading Program. The owners and operators shall be bound by any decision or order issued by the Department regarding the WEB Trading Program.

(D) No WEB Allowance Tracking System account shall be established for the WEB source until the TSA has received a complete Certificate. Once the account is established, the account representative shall make all submissions concerning the account, including the deduction or transfer of allowances.

(iii) Responsibilities.

(A) The responsibilities of the account representative include, but are not limited to, the transferring of allowances and the submission of monitoring plans, registrations, certification applications, sulfur dioxide emissions data and compliance reports as required by Section 2 of this Chapter, and representing the source in all matters pertaining to the WEB Trading Program.

(B) Each submission under this program shall be signed and certified by the account representative for the WEB source. Each submission shall include the following truth and accuracy certification statement by the account representative:

(I) “I am authorized to make this submission on behalf of the owners and operators of the WEB source for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.”

(iv) Changing the Account Representative or Owners and Operators.

(A) Changes to the Account Representative or the alternate Account Representative.

The account representative or alternate account representative may be changed at any time by sending a complete superseding Certificate to the Department and the TSA under Section 2(d)(ii) of this Chapter, with the change taking effect upon receipt of such Certificate by the TSA. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous account representative or alternate prior to the time and date when the TSA receives the superseding Certificate shall be binding on the new account representative and the owners and operators of the WEB source.

(B) Changes in Owners and Operators.

(I) Within thirty (30) days of any change in the owners and operators of the WEB source, including the addition of a new owner or operator, the account representative shall submit a revised Certificate amending the list of owners and operators to include such change.

(II) In the event a new owner or operator of a WEB source is not included in the list of owners and operators submitted in the Certificate, such new owner or operator shall be deemed to be subject to and bound by the Certificate, the representations, actions, inactions, and submissions of the account representative of the WEB source, and the decisions, orders, actions, and inactions of the Department as if the new owner or operator were included in such list.

(e) Registration.

(i) Deadlines.

(A) Each source that is a WEB source on or before the program trigger date shall register by submitting the initial Certificate required in Section 2(d)(ii) of this Chapter to the Department no later than 180 days after the program trigger date.

(B) Any existing source that becomes a WEB source after the program trigger date shall register by submitting the initial Certificate required in Section 2(d)(ii) of this Chapter to the Department by September 30 of the year following the inventory year in which the source exceeded the emission threshold.

(C) Any new WEB source shall register by submitting the initial Certificate required in Section 2(d)(ii) of this Chapter to the Department prior to the commencement of operation.

(ii) Integration Into Permits.

(A) Any allocation, transfer or deduction of allowance to or from the compliance account of a WEB source shall not require revision of the WEB source’s operating permit under Chapter 6, Section 3.

(B) Any WEB source that is not required to have a permit under Chapter 6, Section 2 at any time after Chapter 14 becomes effective must at all times possess a permit that includes the requirements of Chapter 14. If it does not possess a Title V permit under Chapter 6, Section 3, it may do so by obtaining or modifying a permit under Chapter 6, Section 2 to incorporate the requirements of Chapter 14. The source must at all times possess a permit that includes these requirements.

(f) Allowance Allocations.

(i) The TSA will record the allowances for each WEB source in the compliance account for the WEB source once the allowances are allocated by the Department under Part C1 of Section C of the WYRHSIP. If applicable, the TSA will record a portion of the sulfur dioxide allowances for a WEB source in a special reserve compliance account to account for any allowances to be held ~~by the Department~~ in accordance with Section 2(h)(i)(B) of this Chapter.

(ii) The TSA will assign a serial number to each allowance in accordance with Part C2 of Section C of the WYRHSIP.

(iii) All allowances shall be allocated, recorded, transferred, or used as whole allowances. To determine the number of whole allowances, the number of allowances shall be rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater.

(iv) Anallowance is not a property right, and is a limited authorization to emit one ton of sulfur dioxide valid only for the purpose of meeting the requirements of Section 2 of this Chapter. No provision of the WEB Trading Program or other law should be construed to limit the authority of the Department to terminate or limit such authorization.

(v) Early Reduction Bonus Allocation. Any WEB source that reduces permitted annual sulfur dioxide emissions to a level that is below the floor level allocation established for that source in Part C1 of Section C of the WYRHSIP between 2003 and the Program Trigger Year may apply to the Department for an early reduction bonus allocation. Any non-utility WEB source that installs new control technology and that reduces its permitted annual sulfur dioxide emissions to a level that is below the floor level allocation established for that source in Part C1 of Section C of the WYRHSIP or any utility that reduces its permitted annual sulfur dioxide emissions to a level that is below best available control technology may apply to the Department for an early reduction bonus allocation. The bonus allocation shall be available for reductions that occur between 2008 and the program trigger year. The application must be submitted no later than ninety (90) days after the program trigger date. Any WEB source that applies and receives early reduction bonus allocations must retain the records referenced below for a minimum of five (5) years after the early reduction bonus allowance is certified in accordance with Part C1.1(a)(3) of Section C of the WYRHSIP. The application for an early reduction bonus allocation must contain the following information:

(A) Copies of all construction permits, operating permits or other enforceable documents that include annual sulfur dioxide emissions limits for the WEB source during the period the WEB source qualifies for an early reduction credit. Such permits or enforceable documents must require monitoring for sulfur dioxide emissions that meet the requirements in Sections 2(h)~~(i)(A) and (C)~~ of this Chapter.

(B) Copies of emissions monitoring reports, for the period the WEB source was generating the early reductions, that document the actual annual sulfur dioxide emissions and demonstrate that the actual annual sulfur dioxide emissions were below the floor level allocation established for that source in Part C1.1(a)(2) of Section C of the WYRHSIP.

(C B) Demonstration that the floor level established for the source in accordance with Part C1.1(a)(2) of Section C of the WYRHSIP for non-utilities or best available control technology for utilities was calculated using data that are consistent with ~~the new~~ monitoring ~~methodology~~ methods specified in Section 2(h)(i)(A) of this Chapter. If needed, the demonstration shall include a new floor level calculation that is consistent with the monitoring methodology in Section 2(h) of this Chapter. ~~If new monitoring techniques will change the floor level for the source, then a demonstration of the new floor level based on new monitoring techniques should be included in the application.~~

(vi) Request for allowances for new WEB sources or modified WEB Sources.

(A) A new WEB source may apply to the Department for an allocation from the new source set-aside, as outlined in Part C1.3 of Section C of the WYRHSIP.

(I) ~~A new WEB source is eligible to apply for an annual allocation equal to the permitted annual sulfur dioxide emission limit for that source after the source has commenced operation.~~ A new WEB source is eligible for an annual floor allocation equal to the lower of the permitted annual sulfur dioxide emission limit for that source, or sulfur dioxide annual emissions calculated based on a level of control equivalent to best available control technology (BACT) and assuming 100 percent utilization of the WEB source, beginning with the first full calendar year of operation.

(B) An existing WEB source that has increased production capacity through a new construction permit issued under Chapter 6, Section 2 may apply to the Department for an allocation from the new source set-aside, as outlined in Part C1.3 of Section C of the WYRHSIP. An existing WEB source is eligible ~~to apply~~ for an annual allocation equal to:

(I) The permitted annual sulfur dioxide emission limit for a new unit; or

(II) The permitted annual sulfur dioxide emission increase for the WEB source due to the replacement of an existing unit with a new unit or the modification of an existing unit that increased production capacity of the WEB source.

(C) A source that has received a retired source exemption under Chapter 14, Section 2(c)(iv) is not eligible ~~to apply~~ for an allocation from the new source set-aside.

(D) The application for an allocation from the new source set-aside must contain the following ~~information~~:

(I) For existing WEB sources under Section 2(f)(vi)(B)(II) of this Chapter, documentation of the production capacity of the source before and after the new permit;

(II) For new WEB sources or a new unit under Section 2(f)(vi)(B)(I), documentation of the actual date of the commencement of operation and a copy of the permit issued under Chapter 6, Section 2.

(g) Establishment of Accounts.

(i) Allowance Tracking System Accounts. All WEB sources are required to open a compliance account. In addition, if a WEB source conducts monitoring under Section 2(h)(i)(B) of this Chapter, the WEB source shall open a special reserve compliance account for allowances associated with units monitored under those provisions. The WEB source and account representative shall have no rights to transfer allowances in or out of such special reserve compliance account. The State of Wyoming shall allocate allowances to the account in accordance with Section 2(h)(i)(B)(V) of this Chapter and all such allowances for each control period shall be retired each year for compliance in accordance with Section 2(k) of this Chapter. Any person may open a general account for holding and transferring allowances. To open either type of account, an application that contains the following information shall be submitted:

(A) The name, mailing address, e-mail address, telephone number and facsimile number of the account representative. For a compliance account, include a copy of the Certificate for the account representative and any alternate as required in Section 2(d)(ii)(B) of this Chapter. For a general account, include the Certificate for the account representative and any alternate as required in (iii)(B).

(B) The WEB source or organization name;

(D) A signed certification of truth and accuracy by the account representative according to Section 2(d)(iii)(B) of this Chapter for compliance accounts and for general accounts, certification of truth and accuracy by the account representative according to (iv).

(ii) Account Representative for General Accounts. For a general account, one account representative must be identified and an alternate account representative may be identified and may act on behalf of the account representative. Any representation, action, inaction or submission by the alternate account representative will be deemed to be a representation, action, inaction or submission by the account representative.

(iii) Identification and Certification of an Account Representative for General Accounts.

(A) The account representative shall be appointed by an agreement that makes the representations, actions, inactions or submissions of the account representative binding on all persons who have an ownership interest with respect to allowances held in the general account.

(B) The account representative shall submit to the Department and the TSA a signed and dated Certificate that contains the following elements:

(I) The name, address, e-mail (if available), telephone and facsimile number of the account representative and any alternate;

(II) The organization name;

(III) The following certification statement:

“I certify that I was selected as the account representative or alternate account representative, as applicable, by an agreement binding on all persons who have an ownership interest in allowances in the general account with regard to matters concerning the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB Trading Program on behalf of said persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions.”

(C) Upon receipt by the Department of the complete Certificate, the account representative represents and, by his or her representations, actions, inactions, or submissions, legally binds each person who has an ownership interest in allowances held in the general account with regard in all matters concerning the general account. Such persons shall be bound by any decision or order issued by the Department.

(D) No WEB Allowance Tracking System general account shall be established until the TSA has received a complete Certificate. Once the account is established, the account representative shall make all submissions concerning the account, including the deduction or transfer of allowances.

(iv) Requirements and Responsibilities. Each submission for the general account shall be signed and certified by the account representative for the general account. Each submission shall include the following truth and accuracy certification statement by the account representative:

(A) “I am authorized to make this submission on behalf of all persons who have an ownership interest in allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.”

(v) Changing the Account Representative. The account representative or alternate account representative may be changed at any time by sending a complete superseding Certificate to the Department and the TSA under (iii)(B), with the change taking effect upon receipt of such Certificate by the Department. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous account representative or alternate prior to the time and date when the Department receives the superseding Certificate shall be binding on the new account representative and all persons having ownership interest with respect to allowances held in the general account.

(vi) Changes to the Account. Any change to the information required in the application for an existing account under (i) shall require a revision of the application.

(h) Monitoring, Recordkeeping and Reporting.

(i) General Requirements on Monitoring Methods.

(A) For each sulfur dioxide emitting unit at a WEB source the WEB source shall comply with the following, as applicable, to monitor and record sulfur dioxide mass emissions:

(I) If a unit is subject to 40 CFR part 75 under a requirement separate from the WEB Trading Program, the unit shall meet the requirements contained in part 75 with respect to monitoring, recording and reporting sulfur dioxide mass emissions.

(II) If a unit is not subject to 40 CFR part 75 under a requirement separate from the WEB Trading Program, a unit shall use one of the following monitoring methods, as applicable:

(1.) A continuous emission monitoring system (CEMS) for sulfur dioxide and flow that complies with all applicable monitoring provisions in 40 CFR part 75;

(2.) If the unit is a gas- or oil-fired combustion device, the ~~accepted~~ excepted monitoring methodology in Appendix D to 40 CFR part 75, or, if applicable, the low mass emissions (LME) provisions (with respect to sulfur dioxide mass emissions only) of section 75.19 of 40 CFR part 75;

(3.) One of the optional WEB protocols, if applicable, in Appendix A to Chapter 14; or

(4.) A petition for site-specific monitoring that the source submits for approval by the State of Wyoming and approval by the U.S. Environmental Protection Agency in accordance with Section 2(h)(ix) of this Chapter (relating to petitions).

(III) A permanently retired unit shall not be required to monitor under this Section if such unit was permanently retired and had no emissions for the entire period and the account representative certifies in accordance with Section 2(k)(ii) of this Chapter that these conditions were met. In the event that a permanently retired unit recommences operation, the WEB source shall meet the requirements of this Section 2(h) in the same manner as if the unit was a new unit.

(B) Notwithstanding paragraph (A) of this Section, the WEB source with a unit that meets one of the conditions of paragraph (B)(I) may submit a request to the Department to have the provisions of this paragraph (B) apply to that unit.

(I) Any of the following units may implement this paragraph (B):

(1.) Any smelting operation where all of the emissions from the operation are not ducted to a stack;

(2.) Any flare, except to the extent such flares are used as a fuel gas combustion device at a petroleum refinery; or

(3.) Any other type of unit without add-on sulfur dioxide control equipment if the unit belongs to one of the following source categories: cement kilns, pulp and paper recovery furnaces, lime kilns, or glass manufacturing.

(II) For each unit covered by this paragraph (B), the account representative shall submit a notice to request that this paragraph (B) apply to one or more sulfur dioxide emitting units at a WEB source. The notice shall be submitted in accordance with the compliance dates specified in Section 2(h)(vi)(A) of this Chapter, and shall include the following information in a format specified by the State of Wyoming with such additional, related information as may be requested:

(1.) A list of all units at the WEB source that identifies which of the units are to be covered by this paragraph (B); and

(2.) An identification of any such units that are permanently retired.

(III) For each new unit at an existing WEB source for which the WEB source seeks to comply with this paragraph (B) and for which the account representative applies for an allocation under the new source set-aside provisions of Section 2(f)(vi) of this Chapter, the account representative shall submit a modified notice under paragraph (B)(II) that includes such new sulfur dioxide emitting unit(s). The modified request shall be submitted in accordance with the compliance dates in Section 2(h)(vi)(A) of this Chapter, but no later than the date on which a request is submitted under Section 2(f)(vi) of this Chapter for allocations from the set-aside.

(IV) The account representative for a WEB source shall submit an annual emissions statement for each unit under this paragraph (B) in accordance with Section 2(h)(viii) of this Chapter. The WEB source shall maintain operating records sufficient to estimate annual emissions in a manner consistent with emission inventory submitted by the source for calendar year 1998. In addition, if the estimated emissions from all such units at the WEB source are greater than the allowances for the current control year held in the special reserve compliance account for the WEB source, the account representative shall report the excess amount as part of the annual report for the WEB source under Section 2(k) of this Chapter and be required to use other allowances in the standard compliance account for the WEB source to account for such emissions, in accordance with Section 2(k) of this Chapter.

(V) Section 2(h) shall not apply to units covered by this paragraph except where otherwise noted.

(VI) A WEB source may opt to modify the monitoring for a sulfur dioxide emitting unit to use monitoring under Section 2(h)(i)(A) of this Chapter, but any such monitoring change must take effect on January 1 of the next compliance year. In addition, the account representative must submit an initial monitoring plan at least 180 days prior to the date on which the new monitoring will take effect and a detailed monitoring plan in accordance with Section 2(h)(ii) of this Chapter. The account representative shall also submit a revised notice under paragraph (B)(II) at the same time that the initial monitoring plan is submitted.

(C) For any monitoring that the WEB source uses under this Section (including paragraph (B)), the WEB source (and, as applicable, the account representative) shall implement, certify, and use such monitoring in accordance with this Section, and record and report the data from such monitoring as required in this Section. In addition, the WEB source (and, as applicable, the account representative) may not:

(I) Except for an alternative approved by the U.S. EPA Administrator for a WEB source that implements monitoring under Section 2(h)(i)(A)(I), use an alternative monitoring system, alternative reference method or another alternative for the required monitoring method without having obtained prior written approval in accordance with Section 2(h)(ix) of this Chapter (relating to petitions);

(II) Operate a sulfur dioxide emitting unit so as to discharge, or allow to be discharged, sulfur dioxide emissions to the atmosphere without accounting for these emissions in accordance with the applicable provisions of this Section;

(III) Disrupt the approved monitoring method or any portion thereof, and thereby avoid monitoring and recording sulfur dioxide mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing or maintenance is performed in accordance with the applicable provisions of this Section; or

(IV) Retire or permanently discontinue use of an approved monitoring method, except under one of the following circumstances:

(1.) During a period when the unit is exempt from the requirements of this Section, including retirement of a unit as addressed in Section 2(h)(i)(A)(III);

(2.) The WEB source is monitoring emissions from the unit with another certified monitoring method approved under this Section for use at the unit that provides data for the same parameter as the retired or discontinued monitoring method; or

(3.) The account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with this Section, and the WEB source recertifies thereafter a replacement monitoring system in accordance with the applicable provisions of this Section.

(ii) Monitoring Plan.

(A) General Provisions. A WEB source with a sulfur dioxide emitting unit that uses a monitoring method under Section 2(h)(i)(A)(II) of this Chapter shall meet the following requirements:

(I) Prepare and submit to the State of Wyoming an initial monitoring plan for each monitoring method that the WEB source uses to comply with this Section. In accordance with paragraph 2(h)(ii)(C) of this Chapter, the plan shall contain sufficient information on the units involved, the applicable method, and the use of data derived from that method to demonstrate that all unit sulfur dioxide emissions are monitored and reported. The plan shall be submitted in accordance with the compliance deadlines specified in Section 2(h)(vi) of this Chapter.

(II) Prepare, maintain and submit to the State of Wyoming a detailed monitoring plan prior to the first day of certification testing in accordance with the compliance deadline specified in Section 2(h)(vi) of this Chapter. The plan will contain the applicable information required by Section 2(h)(ii)(D) of this Chapter. The State of Wyoming may require that the monitoring plan (or portions thereof) be submitted electronically. The State of Wyoming also may require that the plan be submitted on an ongoing basis in electronic format as part of the quarterly report submitted under Section 2(h)(viii)(A) of this Chapter or resubmitted separately after any change is made to the plan in accordance with the following paragraph (A)(III).

(III) Whenever the WEB source makes a replacement, modification, or change in one of the systems or methodologies provided for in Section 2(h)(i)(A)(II) of this Chapter, including a change in the automated data acquisition and handling system or in the flue gas handling system, that affects information reported in the monitoring plan (e.g., a change to serial number for a component of a monitoring system), then the WEB source shall update the monitoring plan in accordance with the compliance deadline specified in Section 2(h)(vi) of this Chapter.

(B) A WEB source with a sulfur dioxide emitting unit that uses a method under Section 2(h)(i)(A)(I) of this Chapter (a unit subject to 40 CFR part 75 under a program other than this WEB Trading Program) shall meet the requirements of Section 2(h)(ii)(A)-(F) by preparing, maintaining and submitting a monitoring plan in accordance with the requirements of 40 CFR part 75. If requested, the WEB source also shall submit the entire monitoring plan to the State of Wyoming.

(C) Initial Monitoring Plan. The account representative shall submit an initial monitoring plan for each sulfur dioxide emitting unit (or group of units sharing a common methodology) that, except as otherwise specified in an applicable provision in Appendix A, contains the following information:

(I) For all sulfur dioxide emitting units:

(1.) Plant name and location;

(2.) Plant and unit identification numbers assigned by the State of Wyoming;

(3.) Type of unit (or units for a group of units using a common monitoring methodology);

(4.) Identification of all stacks or pipes associated with the monitoring plan;

(5.) Types of fuel(s) fired (or sulfur containing process materials used in the sulfur dioxide emitting unit), and the fuel classification of the unit if combusting more than one type of fuel and using a 40 CFR part 75 methodology;

(6.) Type(s) of emissions controls for sulfur dioxide installed or to be installed, including specifications of whether such controls are pre-combustion, post-combustion, or integral to the combustion process;

(7.) Maximum hourly heat input capacity, or process throughput capacity, if applicable;

(8.) Identification of all units using a common stack; and

(9.) Indicator of whether any stack identified in the plan is a bypass stack.

(II) For each unit and parameter required to be monitored, identification of monitoring methodology information, consisting of monitoring methodology, monitor locations, substitute data approach for the methodology, and general identification of quality assurance procedures. If the proposed methodology is a site-specific methodology submitted pursuant to Section 2(h)(i)(A)(II)(4.) of this Chapter, the description under this paragraph shall describe fully all aspects of the monitoring equipment, installation locations, operating characteristics, certification testing, ongoing quality assurance and maintenance procedures, and substitute data procedures.

(III) If the WEB source intends to petition for a change to any specific monitoring requirement otherwise required under this Section, such petition may be submitted as part of the initial monitoring plan.

(IV) The State of Wyoming may issue a notice of approval or disapproval of the initial monitoring plan based on the compliance of the proposed methodology with the requirements for monitoring in this Section.

(D) Detailed Monitoring Plan. The account representative shall submit a detailed monitoring plan that, except as otherwise specified in an applicable provision in Appendix A, shall contain the following information:

(I) Identification and description of each monitoring component (including each monitor and its identifiable components, such as analyzer or probe) in a CEMS (e.g., sulfur dioxide pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR part 75, Appendix D monitoring system (e.g., fuel flowmeter, data acquisition and handling system), or a protocol in Appendix A, including:

(1.) Manufacturer, model number and serial number;

(2.) Component or system identification code assigned by the facility to each identifiable monitoring component, such as the analyzer or probe;

(3.) Designation of the component type and method of sample acquisition or operation (e.g., in situ pollutant concentration monitor or thermal flow monitor);

(4.) Designation of the system as a primary or backup system;

(5.) First and last dates the system reported data;

(6.) Status of the monitoring component; and

(7.) Parameter monitored.

(II) Identification and description of all major hardware and software components of the automated data acquisition and handling system, including:

(1.) Hardware components that perform emission calculations or store data for quarterly reporting purposes (provide the manufacturer and model number); and

(2.) Software components (provide the identification of the provider and model or version number).

(III) Explicit formulas for each measured emissions parameter, using component or system identification codes for the monitoring system used to measure the parameter that links the system observations with the reported concentrations and mass emissions. The formulas must contain all constants and factors required to derive mass emissions from component or system code observations and an indication of whether the formula is being added, corrected, deleted, or is unchanged. The WEB source with a low mass emissions unit for which the WEB source is using the optional low mass emissions ~~accepted~~ excepted methodology in section 75.19(c) of 40 CFR part 75 is not required to report such formulas.

(IV) Inside cross-sectional area (ft²) at flow monitoring location (for units with flow monitors only).

(V) If using CEMS for sulfur dioxide and flow, for each parameter monitored: scale, maximum potential concentration (and method of calculation), maximum expected concentration (if applicable) (and method of calculation), maximum potential flow rate (and method of calculations), span value, full-scale range, daily calibration units of measure, span effective date and hour, span inactivation date and hour, indication of whether dual spans are required, default high range value, flow rate span, and flow rate span value and full scale value (in standard cubic feet per hour) for each unit or stack using sulfur dioxide or flow component monitors.

(VI) If the monitoring system or ~~accepted~~ excepted methodology provides for use of a constant, assumed, or default value for a parameter under specific circumstances, then include the following information for each value of such parameter:

(1.) Identification of the parameter;

(2.) Default, maximum, minimum, or constant value, and units of measure for the value;

(3.) Purpose of the value;

(4.) Indicator of use during controlled or uncontrolled hours;

(5.) Types of fuel;

(6.) Source of the value;

(7.) Value effective date and hour;

(8.) Date and hour value is no longer effective (if applicable); and

(9.) For units using the ~~accepted~~ excepted methodology under section 75.19 of 40 CFR part 75, the applicable sulfur dioxide emission factor.

(VII) Unless otherwise specified in section 6.5.2.1 of Appendix A to 40 CFR part 75, for each unit or common stack on which hardware CEMS are installed:

(1.) The upper and lower boundaries of the range of operation (as defined in section 6.5.2.1 of Appendix A to 40 CFR part 75), or thousand of pounds per hour (lb/hr) of steam, or feet per second (ft/sec) (as applicable);

(2.) The load or operating level(s) designated as normal in section 6.5.2.1 of Appendix A to 40 CFR part 75, or thousands of lb/hr of steam, or ft/sec (as applicable);

(3.) The two load or operating levels (i.e., low, mid, or high) identified in section 6.5.2.1 of Appendix A to 40 CFR part 75 as the most frequently used;

(4.) The date of the data analysis used to determine the normal load (or operating) level(s) and the two most frequently-used load (or operating) levels; and

(5.) Activation and deactivation dates when the normal load or operating level(s) change and are updated.

(VIII) For each unit that is complying with 40 CFR part 75 for which the optional fuel flow-to-load test in section 2.1.7 of Appendix D to 40 CFR part 75 is used:

(1.) The upper and lower boundaries of the range of operation (as defined in section 6.5.2.1 of Appendix A to 40 CFR part 75), expressed in thousands of lb/hr of steam;

(2.) The load level designated as normal, pursuant to section 6.5.2.1 of Appendix A to 40 CFR part 75, expressed in thousands of lb/hr of steam; and

(3.) The date of the load analysis used to determine the normal load level.

(IX) Information related to quality assurance testing, including (as applicable): identification of the test strategy; protocol for the relative accuracy test audit; other relevant test information; calibration gas levels (percent of span) for the calibration error test and linearity check; calculations for determining maximum potential concentration, maximum expected concentration (if applicable), maximum potential flow rate, and span;

(X) If applicable, apportionment strategies under sections 75.10 through 75.18 of 40 CFR part 75.

(XI) Description of site locations for each monitoring component in a monitoring system, including schematic diagrams and engineering drawings and any other documentation that demonstrates each monitor location meets the appropriate siting criteria. For units monitored by a continuous emission monitoring system, diagrams shall include:

(1.) A schematic diagram identifying entire gas handling system from unit to stack for all units, using identification numbers for units, monitor components, and stacks corresponding to the identification numbers provided in the initial monitoring plan and paragraphs (D)(I) and (III). The schematic diagram must depict the height of any monitor locations. Comprehensive or separate schematic diagrams shall be used to describe groups of units using a common stack.

(2.) Stack and duct engineering diagrams showing the dimensions and locations of fans, turning vanes, air preheaters, monitor components, probes, reference method sampling ports, and other equipment that affects the monitoring system location, performance, or quality control checks.

(XII) A data flow diagram denoting the complete information handling path from output signals of CEMS components to final reports.

(E) In addition to supplying the information in paragraphs (C) and (D) above, the WEB source with a sulfur dioxide emitting unit using either of the methodologies in paragraph (h)(i)(A)(II)(2.) of this Section shall include the following information in its monitoring plan for the specific situations described:

(I) For each gas-fired or oil-fired sulfur dioxide emitting unit for which the WEB source uses the optional protocol in Appendix D to 40 CFR part 75 for sulfur dioxide mass emissions, the WEB source shall include the following information in the monitoring plan:

(1.) Parameter monitored;

(2.) Type of fuel measured, maximum fuel flow rate, units of measure, and basis of maximum fuel flow rate (i.e., upper range value or unit maximum) for each fuel flowmeter;

(3.) Test method used to check the accuracy of each fuel flowmeter;

(4.) Submission status of the data;

(5.) Monitoring system identification code;

(6.) The method used to demonstrate that the unit qualifies for monthly gross calorific value (GCV) sampling or for daily or annual fuel sampling for sulfur content, as applicable;

(7.) A schematic diagram identifying the relationship between the unit, all fuel supply lines, the fuel flowmeter(s), and the stack(s). The schematic diagram must depict the installation location of each fuel flowmeter and the fuel sampling location(s). Comprehensive or separate schematic diagrams shall be used to describe groups of units using a common pipe;

(8.) For units using the optional default sulfur dioxide emission rate for “pipeline natural gas” or “natural gas” in Appendix D to 40 CFR part 75, the information on the sulfur content of the gaseous fuel used to demonstrate compliance with either section 2.3.1.4 or 2.3.2.4 of appendix D to 40 CFR part 75;

(9.) For units using the 720 hour test under section 2.3.6 of Appendix D to 40 CFR part 75 to determine the required sulfur sampling requirements, report the procedures and results of the test; and

(10.) For units using the 720 hour test under section 2.3.5 of Appendix D to 40 CFR part 75 to determine the appropriate fuel GCV sampling frequency, report the procedures used and the results of the test.

(II) For each sulfur dioxide emitting unit for which the WEB source uses the low mass emission ~~accepted~~ excepted methodology of section 75.19 to 40 CFR part 75, the WEB source shall include the following information in the monitoring plan that accompanies the initial certification application:

(1.) The results of the analysis performed to qualify as a low mass emissions unit under section 75.19(c) to 40 CFR part 75. This report will include either the previous three years actual or projected emissions. The following items should be included:

a. Current calendar year of application;

b. Type of qualification;

c. Years one, two, and three;

d. Annual measured, estimated or projected sulfur dioxide mass emissions for years one, two, and three; and

e. Annual operating hours for years one, two, and three.

(2.) A schematic diagram identifying the relationship between the unit, all fuel supply lines and tanks, any fuel flowmeter(s), and the stack(s). Comprehensive or separate schematic diagrams shall be used to describe groups of units using a common pipe;

(3.) For units which use the long-term fuel flow methodology under section 75.19(c)(3) to 40 CFR part 75, a diagram of the fuel flow to each unit or group of units and a detailed description of the procedures used to determine the long-term fuel flow for a unit or group of units for each fuel combusted by the unit or group of units;

(4.) A statement that the unit burns only gaseous fuel(s) or fuel oil and a list of the fuels that are burned or a statement that the unit is projected to burn only gaseous fuel(s) or fuel oil and a list of the fuels that are projected to be burned;

(5.) A statement that the unit meets the applicability requirements in sections 75.19(a) and (b) to 40 CFR part 75 with respect to sulfur dioxide emissions; and

(6.) Any unit historical actual, estimated and projected sulfur dioxide emissions data and calculated sulfur dioxide emissions data demonstrating that the unit qualifies as a low mass emissions unit under sections 75.19(a) and (b) to 40 CFR part 75.

(III) For each gas-fired unit the WEB source shall include the following in the monitoring plan: current calendar year, fuel usage data as specified in the definition of gas-fired in section 72.2 of 40 CFR part 72, and an indication of whether the data are actual or projected data.

(F) The specific elements of a monitoring plan under this Section 2(h)(ii) shall not be part of an operating permit for a WEB source issued in accordance with Title V of the Clean Air Act, and modifications to the elements of the plan shall not require a permit modification.

(iii) Certification and Recertification.

(A) All monitoring systems are subject to initial certification and recertification testing as specified in 40 CFR part 75 or Appendix A to Chapter 14, as applicable. Certification or recertification of a monitoring system by the U.S. Environmental Protection Agency for a WEB source that is subject to 40 CFR part 75 under a requirement separate from this Rule shall constitute certification under the WEB Trading Program.

(B) The WEB source with a sulfur dioxide emitting unit not otherwise subject to 40 CFR part 75 that monitors sulfur dioxide mass emissions in accordance with 40 CFR part 75 to satisfy the requirements of this Section shall perform all of the tests required by that regulation and shall submit the following:

(I) A test notice, not later than 21 days before the certification testing of the monitoring system, provided that the State of Wyoming may establish additional requirements for adjusting test dates after this notice as part of the approval of the initial monitoring plan under Section 2(h)(ii)(C) of this Chapter; and

(II) An initial certification application within 45 days after testing is complete.

(C) A monitoring system will be considered provisionally certified while the application is pending, and the system shall be deemed certified if the State of Wyoming does not approve or disapprove the system within six months after the date on which the application is submitted.

(D) Whenever an audit of any monitoring certified under this Rule, and a review of the initial certification or recertification application, reveal that any system or component should not have been certified or recertified because it did not meet a particular performance specification or other requirement of Chapter 14, both at the time of the initial certification or recertification application submission and at the time of the audit, the State of Wyoming will issue a notice of disapproval of the certification status of such system or component. For the purposes of this paragraph, an audit shall be either a field audit of the facility or an audit of any information submitted to the State of Wyoming regarding the facility. By issuing the notice of disapproval, the certification status is revoked prospectively, and the data measured and recorded shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the WEB source completes subsequently approved initial certification or recertification tests in accordance with the procedures in this Section 2(h)(iii). The WEB source shall apply the substitute data procedures in Section 2(h)(v)(B) of this Chapter to replace, prospectively, all of the invalid, non-quality-assured data for each disapproved system or component.

(iv) Ongoing Quality Assurance and Quality Control.

The WEB source shall satisfy the applicable quality assurance and quality control requirements of part 75 or, if the WEB source is subject to a WEB protocol in Appendix A, the applicable quality assurance and quality control requirements in Appendix A on and after the date that certification testing commences.

(v) Substitute Data Procedures.

(A) For any period after certification testing is complete in which quality assured, valid data are not being recorded by a monitoring system certified and operating in accordance with Chapter 14, missing or invalid data shall be replaced with substitute data in accordance with 40 CFR part 75 or, if the WEB source is subject to a WEB protocol in Appendix A, with substitute data in accordance with Appendix A.

(B) For a sulfur dioxide emitting unit that does not have a certified (or provisionally certified) monitoring system in place as of the beginning of the first control period for which the unit is subject to the WEB Trading Program, the WEB source shall:

(I) If the WEB source will use a CEMS to comply with this Section, substitute the maximum potential concentration of sulfur dioxide for the unit and the maximum potential flow rate, as determined in accordance with 40 CFR part 75. The procedures for conditional data validation under section 75.20(b)(3) may be used for any monitoring system under Chapter 14 that uses these 40 CFR part 75 procedures, as applicable;

(II) If the WEB source will use the 40 CFR part 75 Appendix D methodology, substitute the maximum potential sulfur content, density or gross calorific value for the fuel and the maximum potential fuel flow rate, in accordance with section 2.4 of Appendix D to 40 CFR part 75;

(III) If the WEB source will use the 40 CFR part 75 methodology for low mass emissions units, substitute the sulfur dioxide emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly heat input, as defined in 40 CFR 72.2; or

(IV) If using a protocol in Appendix A to Chapter 14, follow the procedures in the applicable protocol.

(vi) Compliance Deadlines.

(A) The initial monitoring plan shall be submitted by the following dates:

(I) For each source that is a WEB source on or before the program trigger date, the monitoring plan shall be submitted 180 days after such program trigger date.

(II) For any existing source that becomes a WEB source after the program trigger date, the monitoring plan shall be submitted by September 30 of the year following the inventory year in which the source exceeded the emissions threshold.

(III) For any new WEB source, the monitoring plan shall be included with the permit application for a Chapter 6, Section 2 permit.

(B) A detailed monitoring plan under Section 2(h)(ii)(B) shall be submitted no later than 45 days prior to commencing certification testing in accordance with the following paragraph (C). Modifications to monitoring plans shall be submitted within 90 days of implementing revised monitoring plans.

(C) Emission monitoring systems shall be installed, operational and shall have met all of the certification testing requirements of this Section 2(h) (including any referenced in Appendix A) by the following dates:

(I) For each source that is a WEB source on or before the program trigger date, two years prior to the start of the first control period as described in Section 2(k) of this Chapter.

(II) For any existing source that becomes a WEB source after the program trigger date, one year after the due date for the monitoring plan under Section 2(h)(vi)(A)(II) of this Chapter.

(III) For any new WEB source (or any new unit at a WEB source under paragraphs (C)(I) or (C)(2)), the earlier of 90 unit operating days or 180 calendar days after the date the new source commences operation.

(D) The WEB source shall submit test notices and certification applications in accordance with the deadlines set forth in Section 2(h)(iv)(B).

(E) For each applicable control period, the WEB source shall submit each quarterly report under Section 2(h)(viii) by no later than 30 days after the end of each calendar quarter and shall submit the annual report under Section 2(h)(viii) no later than 60 days after the end of each calendar year.

(vii) Recordkeeping.

(A) ~~Except as provided in Section 2(h)(vii)(B),~~ The WEB source shall keep copies of all reports, registration materials, compliance certifications, sulfur dioxide emissions data, quality assurance data, and other submissions under Chapter 14 for a period of five years. In addition, the WEB source shall keep a copy of all Certificates for the duration of this program. Unless otherwise requested by the WEB source and approved by the State of Wyoming, the copies shall be kept on site.

(B) The WEB source shall keep records of all operating hours, quality assurance activities, fuel sampling measurements, hourly averages for sulfur dioxide, stack flow, fuel flow, or other continuous measurements, as applicable, and any other applicable data elements specified in this Section or in Appendix A to Chapter 14. The WEB source shall maintain the applicable records specified in 40 CFR part 75 for any sulfur dioxide emitting unit that uses a part 75 monitoring method to meet the requirements of this Section.

(viii) Reporting.

(A) Quarterly Reports. For each sulfur dioxide emitting unit, the account representative shall submit a quarterly report within thirty (30) days after the end of each calendar quarter. The report shall be in a format specified by the State of Wyoming to include hourly and quality assurance activity information and shall be submitted in a manner compatible with the emissions tracking database designed for the WEB Trading Program. If the WEB source submits a quarterly report under 40 CFR part 75 to the U.S. EPA Administrator, no additional report under this paragraph (A) shall be required. The State of Wyoming will require that a copy of that report (or a separate statement of quarterly and cumulative annual sulfur dioxide mass emissions) be submitted separately to the State of Wyoming.

(B) Annual Report. Based on the quarterly reports, each WEB source shall submit an annual statement of total annual sulfur dioxide emissions for all sulfur dioxide emitting units at the source. The annual report shall identify total emissions for all units monitored in accordance with Section 2(h)(i)(A) of this Chapter and the total emissions for all units with emissions estimated in accordance with Section 2(h)(i)(B) of this Chapter. The annual report shall be submitted within 60 days after the end of a control period.

(C) If the State of Wyoming so directs, any monitoring plan, report, certification, recertification, or emissions data required to be submitted under this Section shall be submitted to the TSA.

(D) The State of Wyoming may review and reject any report submitted under this Section 2(h)(viii) that contains errors or fails to satisfy the requirements of this Section, and the account representative shall resubmit the report to correct any deficiencies.

(ix) Petitions.

(A) A WEB source may petition for an alternative to any requirement specified in Section 2(h)(i)(A)(II). The petition shall require approval of the State of Wyoming and the U.S. EPA Administrator. Any petition submitted under this paragraph shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:

(I) Identification of the WEB source and applicable sulfur dioxide emitting unit(s);

(II) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;

(III) A description and diagram of any equipment and procedures used in the proposed alternative, if applicable;

(IV) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed, is consistent with the purposes of Chapter 14 and that any adverse effect of approving such alternative will be de minimis; and

(V) Any other relevant information that the State of Wyoming may require.

(x) Consistency of Identifying Information.

For any monitoring plans, reports, or other information submitted under Section 2(h) of this Chapter, the WEB source shall ensure that, where applicable, identifying information is consistent with the identifying information provided in the most recent Certificate for the WEB source submitted under Section 2(d) of this Chapter.

(i) Allowance Transfers.

(i) Procedure. To transfer allowances, the account representative shall submit the following information to the TSA:

(A) The transfer account number(s) identifying the transferor account;

(B) The transfer account number(s) identifying the transferee account;

(D) The transferor’s account representative’s name and signature and date of submission.

(ii) Allowance Transfer Deadline. The allowance transfer deadline is midnight Pacific Standard Time on March 1 of each year (or if this date is not a business day, midnight of the first business day thereafter) following the end of the control period. By this time, the transfer of the allowances into the WEB source’s compliance account must be correctly submitted to the TSA in order to demonstrate compliance under Section 2(k) of this Chapter for that control period.

(iii) Retirement of Allowances. To permanently retire allowances, the account representative shall submit the following information to the TSA:

(A) The transfer account number(s) identifying the transferor account;

(B) The serial number of each allowance to be retired; and

(C) The transferor’s account representative’s name and signature and date of submission accompanied by a signed statement acknowledging that each retired allowance is no longer available for future transfers from or to any account.

(j) Use of Allowances from a Previous Year.

(i) Any allowance that is held in a compliance account or general account will remain in such an account unless and until the allowance is deducted in conjunction with the compliance process, or transferred to another account.

(ii) In order to demonstrate compliance under Section 2(k)(i) of this Chapter for a control period, WEB sources shall only use allowances allocated for that current control period or any previous year. Because all allowances held in a special reserve compliance account for a WEB source that monitors certain units in accordance with Section 2(h)(i)(B) of this Chapter will be deducted for compliance for each control period, no banking of such allowances for use in a subsequent year is permitted by Chapter 14.

(iii) If flow control procedures for the current control period have been triggered as outlined in Part C4.2 of Section C of the WYRHSIP, then the use of allowances that were allocated for any previous year will be limited as follows:

(A) The number of allowances that are held in each compliance account and general account as of the allowance transfer deadline for the immediately previous year and that were allocated for any previous year will be determined.

(B) The number determined in (A) will be multiplied by the flow control ratio established in accordance with Part C4.2(b)(1) of Section C of the WYRHSIP to determine the number of allowances that were allocated for a previous year that can be used without restriction for the current control period.

(C) Allowances that were allocated for a previous year in excess of the number determined in (B) may also be used for the current control period. If such allowances are used to make a deduction, two allowances must be deducted for each deduction of one allowance required under Section 2(k) of this Chapter.

(iv) Special provisions for the year 2018. After compliance with the 2017 allowance limitation has been determined in accordance with Section 2(k)(i) of this Chapter, allowances allocated for any year prior to 2018 shall not be used for determining compliance with the 2018 allowance limitation or any future allowance limitation.

(k) Compliance.

(i) Compliance with Allowance Limitations.

(A) The WEB source must hold allowances, in accordance with Section 2(k)(i)(B) and (C) below and Section 2(j) of this Chapter, as of the allowance transfer deadline in the WEB source’s compliance account (together with any current control year allowances held ~~for~~ in the WEB source’s special reserve compliance account ~~by the State of Wyoming~~ under Section 2(h)(i)(B) of this Chapter) in an amount not less than the total sulfur dioxide emissions for the control period from the WEB source, as determined under the monitoring and reporting requirements of Section 2(h) of this Chapter.

(I) For each source that is a WEB source on or before the program trigger date, the first control period is the calendar year that is six (6) years following the calendar year for which sulfur dioxideemissions exceeded the milestone in accordance with procedures in Part A3 of Section C of the WYRHSIP.

(II) For any existing source that becomes a WEB source after the program trigger date, the first control period is the calendar year that is four (4) years following the inventory year in which the source exceeded the sulfur dioxideemissions threshold.

(III) For any new WEB source after the program trigger date the first control period is the first full calendar year that the source is in operation.

(IV) If the WEB Trading Program is triggered in accordance with the 2013 review procedures in Part A4 of Section C of the WYRHSIP, the first control period for each source that is a WEB source on or before the program trigger date is the year 2018.

(B) Allowance transfer deadline. An allowance may only be deducted from the WEB source’s compliance account if:

(I) The allowance was allocated for the current control period or meets the requirements in Section 2(j) of this Chapter for use of allowances from a previous control period, and

(II) The allowance was held in the WEB source’s compliance account as of the allowance transfer deadline for the current control period, or was transferred into the compliance account by an allowance transfer correctly submitted for recording by the allowance transfer deadline for the current control period.

(I) The total annual sulfur dioxide emissions for all sulfur dioxide emitting units at the source that are monitored under Section 2(h)(i)(B) of this Chapter, as reported by the source in Section 2(h)(viii)(B) or (D) of this Chapter, and recorded in the emissions tracking database shall be compared to the allowances held in the source’s special reserve compliance account as of the allowance transfer deadline for the current control period, adjusted in accordance with Section 2(j) of this Chapter. If the emissions are equal to or less than the allowances in such account, all such allowances shall be retired to satisfy the obligation to hold allowances for such emissions. If the total emissions from such units exceed the allowances in such special reserve account, the WEB source shall account for such excess emissions in the following paragraph (II).

(II) The total annual sulfur dioxide emissions for all sulfur dioxide emitting units at the source that are monitored under Section 2(h)(i)(A) of this Chapter, as reported by the source in Section 2(h)(viii)(B) or (D) of this Chapter, and recorded in the emissions tracking database, together with any excess emissions as calculated in the preceding paragraph (I), shall be compared to the allowances held in the source’s compliance account as of the allowance transfer deadline for the current control period, adjusted in accordance with Section 2(j) of this Chapter.

(III) If the comparison in Section 2(k)(i)(C)(II) results in emissions that exceed the allowances held in the source’s compliance account, the source has exceeded its allowance limitation and the excess emissions are subject to the allowance deduction penalty in Section 2(k)(iii).

(D) Other than allowances in a special reserve compliance account for units monitored under Section 2(h)(i)(B) of this Chapter, to the extent consistent with Section 2(j) of this Chapter, allowances shall be deducted for a WEB source for compliance with the allowance limitation as directed by the WEB source’s account representative. Deduction of any other allowances as necessary for compliance with the allowance limitation shall be on a first-in, first-out accounting basis in the order of the date and time of their recording in the WEB source’s compliance account, beginning with the allowances allocated to the WEB source and continuing with the allowances transferred to the WEB source’s compliance account from another compliance account or general account. The allowances held in a special reserve compliance account pursuant to Section 2(h)(i)(B) of this Chapter shall be deducted as specified in paragraph (C)(I) of this Section 2(k).

(ii) Certification of Compliance.

(A) For each control period in which a WEB source is subject to the allowance limitation, the account representative of the source shall submit to the Department a compliance certification report for the source.

(B) The compliance certification report shall be submitted no later than the allowance transfer deadline of each control period, and shall contain the following:

(I) Identification of each WEB source;

(II) At the account representative’s option, the serial numbers of the allowances that are to be deducted from a source’s compliance account for compliance with the allowance limitation; and

(III) The compliance certification report according to subpart (C) of this section.

(C) In the compliance certification report, the account representative shall certify, based on reasonable inquiry of those persons with primary responsibility for operating the WEB source in compliance with the WEB Trading Program, whether the WEB source for which the compliance certification is submitted was operated during the control period covered by the report in compliance with the requirements of the WEB Trading Program applicable to the source including:

(I) Whether the WEB source operated in compliance with the sulfur dioxideallowance limitation;

(II) Whether sulfur dioxideemissions data has been submitted to the Department in accordance with Section 2(h)(viii) of this Chapter and other applicable guidance, for review, revision as necessary, and finalization for forwarding to the sulfur dioxideAllowance Tracking System for recording;

(III) Whether the monitoring plan that governs the WEB source has been maintained to reflect the actual operation and monitoring of the source, and contains all information necessary to attribute sulfur dioxide emissions to the source, in accordance with Section 2(h)(i) of this Chapter;

(IV) Whether all the sulfur dioxide emissions from the WEB source if applicable, were monitored or accounted for either through the applicable monitoring or through application of the appropriate missing data procedures;

(V) If applicable, whether any sulfur dioxide emitting unit for which the WEB source is not required to monitor in accordance with Section 2(h)(i)(A)(III) of this Chapter remained permanently retired and had no emissions for the entire applicable period; and

(VI) Whether there were any changes in the method of operating or monitoring the WEB source that required monitor recertification. If there were any such changes, the report must specify the nature, reason, and date of the change, the method to determine compliance status subsequent to the change, and specifically, the method to determine sulfur dioxideemissions.

(iii) Penalties for any WEB source exceeding its allowance limitations.

(A) Allowance deduction ~~penalties~~ penalty.

(I) An allowance deduction penalty shall be sought at an amount equal to two (2) times the number of the WEB source’s tons of sulfur dioxide emissions in excess of its allowance limitation for a control period, determined in accordance with Section 2(k)(i) of this Chapter. Allowances allocated for the following control period in the amount of the allowance deduction penalty will be deducted from the source’s compliance account. If emissions from a WEB source exceed the allowance limitation for a control period, as determined in accordance with Section 2(k)(i) of this Chapter, the source’s allowances held in its compliance account will be reduced by an amount equal to three times the source’s tons of excess emissions. If the compliance account does not have sufficient allowances allocated for that control period, the required number of allowances will be deducted from the WEB source’s compliance account regardless of the control period for which they were allocated, once allowances are recorded in the account.

(II) Any allowance deduction required under Section 2(k)(i)(C) of this Chapter shall not affect the liability of the owners and operators of the WEB source for any fine, penalty or assessment or their obligation to comply with any other remedy, for the same violation, as ordered under the Clean Air Act, implementing regulations or Wyoming Statute 35-11-901. Accordingly, a violation can be assessed each day of the control period for each ton of sulfur dioxideemissions in excess of its allowance limitation, or for each other violation of Section 2 of this Chapter.

~~(B) Financial penalties. The penalty for emissions of sulfur dioxide by a source in excess of its emission limitation for a control period shall be sought at $5,000 per ton.~~

(iv) Liability.

(A) WEB Source liability for non-compliance. Separate and regardless of any allowance deduction penalty ~~or financial penalty~~, a WEB source that violates any requirement of Chapter 14 is subject to civil and criminal penalties under Wyoming Statute 35-11-901. Each day of the control period is a separate violation, and each ton of sulfur dioxideemissions in excess of a source’s allowance limitation is a separate violation.

(B) General liability.

(I) Any provision of the WEB Trading Program that applies to a source or an account representative shall apply also to the owners and operators of such source.

(II) Any person who violates any requirement or prohibition of the WEB Trading Program will be subject to enforcement pursuant to Wyoming Statute 35-11-901.

(III) Any person who knowingly makes a false material statement in any record, submission, or report under this WEB Trading Program shall be subject to criminal enforcement pursuant to Wyoming Statute 35-11-901.

(l) Special Penalty Provisions for the ~~Year~~ 2018 Milestone.

(i) If the WEB Trading Program is triggered as outlined in Part A3 of Section C of the WYRHSIP, and the first control period will not occur until after the year 2018, the following provisions shall apply for the 2018 emissions year.

(A) All WEB sources shall register, and open a compliance account within 180 days after the program trigger date, in accordance with Section 2(e)(i) and Section 2(g) of this Chapter.

(B) The TSA will record the allowances for the 2018 control period for each WEB source in the source’s compliance account once the Department allocates the 2018 allowances under Part A4.4 of Section C of the WYRHSIP.

(C) The allowance transfer deadline is midnight Pacific Standard Time on May 30 31, 2021 (or if this date is not a business day, midnight of the first business day thereafter). WEB sources may transfer allowances as provided in Section 2(i)(i) of this Chapter until the allowance transfer deadline.

(D) A WEB source must hold allowances allocated for 2018, including those transferred into the compliance account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount not less than the WEB source’s total sulfur dioxide emissions for 2018. Emissions are determined using the pre-trigger monitoring provisions in Part A2.1 of Section C of the WYRHSIP, and Chapter 14, Section 3.

(E) An allowance deduction penalty and financial penalty shall be assessed and levied in accordance with Section 2(j)(iv), Section 2(k)(i)(D) and Section 2(k)(iii) of this Chapter, except that sulfur dioxide emissions shall be determined under Section 2(l)(i)(D) of this Chapter. In accordance with Section 2(j)(iv) and 2(l)(i)(D), Wyoming shall seek at least the minimum financial penalty of $5,000 per ton of SO₂ emissions in excess of the WEB source’s allowance limitation.

(I) Any source may resolve its excess emissions violation by agreeing to a streamline settlement approach where the source pays a penalty of $5,000 per ton or partial ton of excess emissions, and payment is received within 90 calendar days after the issuance of a notice of violation.

(II) Any source that does not resolve its excess emissions violation in accordance with the streamlined settlement approach in Section 2(l)(i)(E)(I) will be subject to civil enforcement action, in which the Department shall seek a financial penalty for the excess emissions based on the State’s statutory maximum civil penalties.

(F) Each ton of SO₂ emissions in excess of a source’s allowance limitation is a separate violation and each day of a control period is a separate violation.

(ii) The provisions in Section 2(l) of Chapter 14 shall continue to apply for each year after the 2018 emission year until:

(A) The first control period under the WEB trading program under Section 2(k)(i)(A)(I); or

(B) The Department determines, in accordance with Part A3 of Section C of the WYRHSIP, that the 2018 sulfur dioxide milestone has been met.

(iii) If the special penalty provisions continue after the year 2018 as outlined in (ii) above, the deadlines listed in (i)(A) through (D) above will be adjusted forward by one year for each additional year that the special penalty provisions are assessed. Special penalty provisions for the 2018 milestone for 2019 control period and each control period thereafter as provided under Section 2(l)(ii) include the following:

(A) For the 2019 control period, the allowance transfer deadline is midnight Pacific Standard Time on May 31, 2021 (or if this date is not a business day, midnight of the first business day thereafter). WEB sources may transfer allowances as provided in Section 2(i)(i) of this Rule until the allowance transfer deadline.

(B) A WEB source must hold allowances allocated for the 2019 control period, including those transferred into the compliance account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount not less than the WEB source’s total SO₂ emissions for the 2019 control period. Emissions are determined using the pre-trigger monitoring provisions in Part A2.1 of Section C of the WYRHSIP, and Chapter 14, Section 3.

(C) In accordance with Section 2(j)(iv) and 2(i)(i)(D), Wyoming shall seek at least the minimum financial penalty of $5,000 per ton of SO₂ emissions in excess of the WEB source’s allowance limitation.

(D) Each ton of SO₂ emissions in excess of a source’s allowance limitation is a separate violation and each day of a control period is a separate violation.

(E) For each control period after 2019 that the special penalty is assessed, the dates and deadlines in 2(l)(iii)(A)-(D) above will be adjusted forward by one year.

(m) Integration Into Permits.

Any WEB source that is not subject to Chapter 6, Section 3 at any time after Chapter 14 becomes effective must obtain a permit under Chapter 6, Section 2 or modify an existing permit issued under Chapter 6, Section 2 that incorporates the requirements of Section 2 of this Chapter.

Section 3. Sulfur dioxide milestone inventory.

(a) Applicability.

(i) Section 3 of this Chapter applies to all stationary sources with actual emissions of 100 tons per year or more of sulfur dioxide in calendar year 2000 or any subsequent year.

(ii) Except as provided in (iii) and (iv), any source that meets the criteria of (i) that emits less than 100 tons per year in any subsequent year shall remain subject to the requirements of Section 3 of this Chapter until 2018 or until the first control period under the Western Backstop Sulfur Dioxide Trading Program as established in Section 2 of this Chapter, whichever is earlier.

~~(iii)~~ ~~A stationary source that meets the requirements of (i) that is subject to an enforceable emission limitation of 50 tons/year or less, is exempt from the requirements of Chapter 14.~~

(iv iii) A stationary source that meets the requirements of (i) that has permanently ceased operation is exempt from the requirements of Chapter 14.

(b) Annual Sulfur Dioxide Emission Report.

(i) Except as provided in (ii), each source subject to Chapter 14 shall report sulfur dioxide emissions by April 15^th of each calendar year, in accordance with the schedule cited in Section 3(b)(iii), below.

(ii) Each source subject to Chapter 14 that is also subject to 40 CFR part 75 reporting requirements, shall submit a summary report of annual sulfur dioxide emissions that were reported to the Environmental Protection Agency under 40 CFR part 75.

(iii) Each source subject to Chapter 14 shall report emissions for the year 2003 by April 15, 2004, and annually thereafter. The inventory shall be submitted in the format specified by the Division of Air Quality.

(iv) For the reports cited in (i) and (ii) of this section, each source subject to Chapter 14 shall document the emissions monitoring/estimation methodology used to calculate their sulfur dioxide emissions, and demonstrate that the selected methodology is acceptable under the inventory program.

(v) For the reports cited in (i) and (ii) of this section, each source subject to Chapter 14 shall include emissions from start up, shut down, and upset conditions in the annual total inventory.

(vi) For the reports cited in (i) and (ii) of this section, each source subject to Chapter 14 shall use 40 CFR part 75 methodology for reporting emissions for all sources subject to the federal acid rain program.

(vii) For the reports cited in (i) and (ii) of this section, each source subject to Chapter 14 shall maintain all records used in the calculation of the emissions, including but not limited to the following:

(A) amount of fuel consumed;

(B) percent sulfur content of fuel and how the content was determined;

(D) emissions monitoring data;

(E) operating data; and

(F) how the emissions are calculated

(viii) For the reports cited in (i) and (ii) of this section, each source subject to Chapter 14 shall maintain records of any physical changes to facility operations or equipment, or any other changes (e.g., raw material or feed) that may affect the emissions projections.

(ix) For the reports cited in (i) and (ii) of this section, each source subject to Chapter 14 shall retain records for a minimum of ten years from the date of establishment, or if the record was the basis for an adjustment to the milestone, 5 years after the date of an implementation plan revision, whichever is longer.

(c) Changes in Emission Measurement Techniques.

(i) Each source subject to Chapter 14 that is also subject to 40 CFR part 75 and that uses 40 CFR part 60, Appendix A, Test Methods 2F, 2G, or 2H to measure stack flow rate shall adjust reported sulfur dioxide emissions to ensure that the reported sulfur dioxide emissions are comparable to 1999 emissions. The adjustment may be calculated using the methods in (A) through (C). The calculations that are used to make this adjustment shall be included with the annual emission report under Section 3(b) of this Chapter.

(A) Directly determine the difference in flow rate through a side-by-side comparison of data collected with the new and old flow reference methods required during a RATA test under 40 CFR part 75.

(B) Compare the annual average heat rate using heat input data from the federal acid rain program (MMBtu) and total generation (MWHrs) as reported to the federal Energy Information Administration. The flow adjustment will be calculated by using the following ratio: (Heat input/MW for first full year of data using new flow rate method) divided by (Heat input/MW for last full year of data using old flow rate method).

(C) Compare the CFM per Megawatt (MW) before and after the new flow reference method based on continuous emission monitoring data submitted in the federal acid rain program, using the following equation: (SCF/unit of generation for first full year of data using new flow rate method) divided by (SCF/unit of generation for last full year of data using old flow rate method).

(ii) Each source subject to this Rule that uses a different emission monitoring or calculation method than was used to report their sulfur dioxide emissions in 1998 under Chapter 14, Section 3 shall adjust their reported emissions to be comparable to the emission monitoring or calculation method that was used in 1998. The calculations that are used to make this adjustment shall be included with the annual emission report under Section 3(b) of this Chapter.

Section 4. Mercury budget trading program.

(a) The State of Wyoming incorporates by reference Subpart HHHH, Emission Guidelines and Compliance Times for Coal-Fired Electric Steam Generating Units of part 60 of Title 40 of the Code of Federal Regulations as revised on May 18, 2005, excluding sections §60.4104, §60.4140, §60.4141 and §60.4142 and modified through a reconsideration published in the Federal Register on June 9, 2006 (71 FR 33388) [not including later amendments]. [Copies of above materials are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division of Air Quality, 122 W. 25^th Street, Cheyenne, Wyoming 82002].

(b) Applicability. The following units in the State of Wyoming shall be Hg Budget units, and any source that includes one or more such units shall be a Hg Budget source, subject to the requirements of this section.

(i) Except as provided in paragraph (b)(ii) of this section:

(A) Any stationary, coal-fired boiler or stationary, coal-fired combustion turbine serving at any time, since the later of November 15, 1990 or the startup of the unit’s combustion chamber, a generator with nameplate capacity of more than 25 MWe producing electricity for sale.

(B) If a stationary boiler or stationary combustion turbine that, under paragraph (b)(i)(A) of this section, is not a Hg Budget unit begins to combust coal or coal-derived fuel or to serve a generator with nameplate capacity of more than 25 MWe producing electricity for sale, the unit shall become a Hg Budget unit as provided in paragraph (b)(i)(A) of this section on the first date on which it both combusts coal or coal-derived fuel and serves such generator.

(ii) The units in Wyoming that meet the requirements set forth in paragraphs (ii)(A)(I) or (ii)(B) of this section shall not be Hg Budget units:

(A) (I) Any unit that is a Hg Budget unit under paragraph (b)(i)(A) or (B) of this section:

(1.) Qualifying as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit; and

(2.) Not serving at any time, since the later of November 15, 1990 or the startup of the unit’s combustion chamber, a generator with nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the unit’s potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.

(II) If a unit qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraph (ii)(A)(I) of this section for at least one calendar year, but subsequently no longer meets all such requirements, the unit shall become an Hg Budget unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a cogeneration unit or January 1 after the first calendar year during which the unit no longer meets the requirements of paragraph (ii)(A)(I)(2.) of this section.

(B) Any unit that is an Hg Budget unit under paragraph (b)(i)(A) or (B) of this section, is a solid waste incineration unit combusting municipal waste, and is subject to the requirements of:

(I) A State Plan approved by the EPA Administrator in accordance with Subpart Cb of 40 CFR part 60 (emissions guidelines and compliance times for certain large municipal waste combustors);

(II) Subpart Eb of 40 CFR part 60 (standards of performance for certain large municipal waste combustors);

(III) Subpart AAAA of 40 CFR part 60 (standards of performance for certain small municipal waste combustors);

(IV) A State Plan approved by the EPA Administrator in accordance with Subpart BBBB of 40 CFR part 60 (emission guidelines and compliance times for certain small municipal waste combustion units);

(V) Subpart FFF of 40 CFR part 62 (Federal Plan requirements for certain large municipal waste combustors); or

(VI) Subpart JJJ of 40 CFR part 62 (Federal Plan requirements for certain small municipal waste combustion units).

(c) Definitions. The terms used in this section shall have the meanings set forth in 40 CFR §60.4102 and §60.4103.

(d) Hg Allowance Allocations.

(i) State of Wyoming Trading Budgets. The State of Wyoming trading budgets for annual allocations of Hg allowances for the control periods in 2010 through 2017 and in 2018 and thereafter are 0.952 and 0.376 tons, respectively.

(ii) Timing Requirements for Hg Allowance Allocations.

(A) By November 17, 2006, the Air Quality Division shall submit to the EPA Administrator the Hg allowance allocations, in a format prescribed by the EPA Administrator and in accordance with (d)(iii)(A) and (B) of this section, for the control periods in 2010, 2011, 2012, 2013 and 2014.

(B) (I) By October 31, 2011, and October 31 every fifth year thereafter, the Air Quality Division shall submit to the EPA Administrator the Hg allowance allocations, in a format prescribed by the EPA Administrator and in accordance with (d)(iii)(A) and (B) of this section, for five consecutive control periods beginning in the fourth year after the year of the applicable deadline for submission under this paragraph (e.g., allowance allocations submitted to EPA on October 31, 2011 would apply to the control periods in 2015, 2016, 2017, 2018 and 2019).

(C) (I) By October 31, 2010 and October 31 of each year thereafter, the Air Quality Division shall submit to the EPA Administrator the Hg allowance allocations, in a format prescribed by the EPA Administrator and in accordance with (d)(iii)(A), (C), and (D), for the control period in the year of the applicable deadline for submission under this paragraph.

(iii) Hg Allowance Allocations.

(A) (I) The baseline heat input (in MMBtu) used with respect to Hg allowance allocations under paragraph (d)(iii)(B) of this section for each Hg Budget unit shall be:

(1.) For units commencing operation before January 1, 2001, the average of the three highest amounts of the unit’s adjusted control period heat input for 2000 through 2004, with the adjusted control period heat input for each year calculated as the sum of the following:

a. Any portion of the unit’s control period heat input for the year that results from the unit’s combustion of lignite, multiplied by 3.0;

b. Any portion of the unit’s control period heat input for the year that results from the unit’s combustion of subbituminous coal, multiplied by 1.25; and

c. Any portion of the unit’s control period heat input for the year that is not covered by paragraph (d)(iii)(A)(I)(1.)a. or b. of this section, multiplied by 1.0.

(2.) For units commencing operation on or after January 1, 2001 and operating each calendar year during a period of 5 or more consecutive calendar years, the average of the 3 highest amounts of the unit’s total converted control period heat input over the first such 5 years.

(II) (1.) A unit’s control period heat input for a calendar year under paragraphs (d)(iii)(A)(I)(1.) of this section, and a unit’s total ounces of Hg emissions during a calendar year under paragraph (d)(iii)(C)(III) of this section, shall be determined in accordance with 40 CFR part 75, to the extent the unit was otherwise subject to the requirements of 40 CFR part 75 for the year, or shall be based on the best available data reported to the Air Quality Division for the unit, to the extent the unit was not otherwise subject to the requirements of 40 CFR part 75 for the year. The unit’s types and amounts of fuel combusted, under paragraph (d)(iii)(A)(I)(1.) of this section, shall be based on the best available data reported to the Air Quality Division for the unit.

(2.) A unit’s converted control period heat input for a calendar year specified under paragraph (d)(iii)(A)(I)(2.) of this section equals:

a. Except as provided in paragraph (d)(iii)(A)(II)(2.)b. or c. of this section, the control period gross electrical output of the generator or generators served by the unit multiplied by 7,900 Btu/kWh and divided by 1,000,000 Btu/MMBtu, provided that if a generator is served by 2 or more units, then the gross electrical output of the generator shall be attributed to each unit in proportion to the unit’s share of the total control period heat input of such units for the year;

b. For a unit that is a boiler and has equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy, the total heat energy (in Btu) of the steam produced by the boiler during the control period, divided by 0.8 and by 1,000,000 Btu/MMBtu; or

c. For a unit that is a combustion turbine and has equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy, the control period gross electrical output of the enclosed device comprising the compressor, combustor, and turbine multiplied by 3,413 Btu/kWh, plus the total heat energy (in Btu) of the steam produced by any associated heat recovery steam generator during the control period divided by 0.8, and with the sum divided by 1,000,000 Btu/MMBtu.

(B) (I) For each control period in 2010 and thereafter, the Air Quality Division shall allocate to all Hg Budget units in the State of Wyoming that have a baseline heat input (as determined under paragraph (d)(iii)(A) of this section) a total amount of Hg allowances equal to 90 percent for all control periods, of the amount of ounces (i.e., tons multiplied by 32,000 ounces/ton) of Hg emissions in the applicable State of Wyoming trading budget under (d)(i) (except as provided in paragraph (d)(iii)(D) of this section).

(II) The Air Quality Division shall allocate Hg allowances to each Hg Budget unit under paragraph (d)(iii)(B)(I) of this section in an amount determined by multiplying the total amount of Hg allowances allocated under paragraph (d)(iii)(B)(I) of this section by the ratio of the baseline heat input of such Hg Budget unit to the total amount of baseline heat input of all such Hg Budget units in the State of Wyoming and rounding to the nearest whole allowance as appropriate.

(C) For each control period in 2010 and thereafter, the Air Quality Division shall allocate Hg allowances to Hg Budget units in the State of Wyoming that commenced operation on or after January 1, 2001 and do not yet have a baseline heat input (as determined under paragraph (d)(iii)(A) of this section), in accordance with the following procedures:

(I) The Air Quality Division shall establish a separate new unit set-aside for each block of five consecutive control periods. Each new unit set-aside shall be allocated Hg allowances equal to 10 percent for all control periods, of the amount of ounces (i.e., tons multiplied by 32,000 ounces/ton) of Hg emissions in the applicable State of Wyoming trading budget under (d)(i).

(II) The Hg designated representative of such a Hg Budget unit may submit to the Air Quality Division a request, in a format specified by the Air Quality Division, to be allocated Hg allowances, starting with the later of the control period in 2010 or the first control period after the control period in which the Hg Budget unit commences commercial operation and until the first control period for which the unit is allocated Hg allowances under paragraph (d)(iii)(B) of this section. The Hg allowance allocation request must be submitted on or before July 1 of the first control period for which the Hg allowances are requested and after the date on which the Hg Budget unit commences commercial operation.

(III) In a Hg allowance allocation request under paragraph (d)(iii)(C)(II) of this section, the Hg designated representative may request for a control period Hg allowances in an amount not exceeding the Hg Budget unit’s total ounces of Hg emissions during the control period immediately before such control period.

(IV) The Air Quality Division shall review each Hg allowance allocation request under paragraph (d)(iii)(C)(II) of this section and shall allocate Hg allowances for each control period pursuant to such request as follows:

(1.) The Air Quality Division shall accept an allowance allocation request only if the request meets, or is adjusted by the Air Quality Division as necessary to meet, the requirements of paragraphs (d)(iii)(C)(II) and (III) of this section.

(2.) On or after July 1 of the control period, the Air Quality Division shall determine the sum of the Hg allowances requested (as adjusted under paragraph (d)(iii)(C)(IV)(1.) of this section) in all allowance allocation requests accepted under paragraph (d)(iii)(C)(IV)(1.) of this section for the control period.

(3.) If the amount of Hg allowances in the new unit set-aside for the control period is greater than or equal to the sum of allowance allocations requested as determined under paragraph (d)(iii)(C)(IV)(2.) of this section, then the Air Quality Division shall allocate the amount of Hg allowances requested (as adjusted under paragraph (d)(iii)(C)(IV)(1.) of this section) to each Hg Budget unit covered by an allowance allocation request accepted under paragraph (d)(iii)(C)(IV)(1.) of this section.

(4.) If the amount of Hg allowances in the new unit set-aside for the control period is less than the sum of allowance allocation requests under paragraph (d)(iii)(C)(IV)(2.) of this section, then the Air Quality Division shall allocate to each Hg Budget unit covered by an allowance allocation request accepted under paragraph (d)(iii)(C)(IV)(1.) of this section the amount of the Hg allowances requested (as adjusted under paragraph (d)(iii)(C)(IV)(1.) of this section), multiplied by the amount of Hg allowances in the new unit set-aside for the control period, divided by the sum of allowance allocations requested as determined under paragraph (d)(iii)(C)(IV)(2.) of this section, and rounded to the nearest whole allowance as appropriate.

(5.) The Air Quality Division shall notify each Hg designated representative that submitted an allowance allocation request of the amount of Hg allowances (if any) allocated for the control period to the Hg Budget unit covered by the request.

(D) If, after completion of the procedures under paragraph (d)(iii)(C)(IV) of this section for a control period, any unallocated Hg allowances remain in the new unit set-aside for the control period, the Air Quality Division shall allocate to each Hg Budget unit that was allocated Hg allowances under paragraph (d)(iii)(B) of this section an amount of Hg allowances equal to the total amount of such remaining unallocated Hg allowances, multiplied by the unit’s allocation under paragraph (d)(iii)(B) of this section, divided by 90 percent for 2010 and thereafter, of the amount of ounces (i.e., tons multiplied by 32,000 ounces/ton) of Hg emissions in the applicable State of Wyoming trading budget under (d)(i), and rounded to the nearest whole allowance as appropriate.

Section 5. Incorporation by reference.

(a) Code of Federal Regulations (CFR). All Code of Federal Regulations (CFRs), including their Appendices, cited in this Chapter, revised and published as of July 1, 2006, not including any later amendments, are incorporated by reference, unless portions of said CFRs are specifically excluded in citation. Copies of the Code of Federal Regulations are available for public inspection and copies can be obtained at cost from the Department of Environmental Quality, Division of Air Quality, 122 W. 25^th Street, Cheyenne, Wyoming 82002. Copies of the CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way, Building B, Blue Ridge Summit, PA 17214.

APPENDIX A: WEB CHAPTER 14, SECTION 2 MONITORING PROTOCOLS

Protocol WEB-1: SO₂ Monitoring of Fuel Gas Combustion Devices

1. Applicability

(a) The provisions of this protocol are applicable to fuel gas combustion devices at petroleum refineries.

(b) Fuel gas combustion devices include boilers, process heaters, and flares used to burn fuel gas generated at a petroleum refinery.

(c) Fuel gas means any gas which is generated and combusted at a petroleum refinery. Fuel gas does not include: (1) natural gas, unless combined with other gases generated at a petroleum refinery, (2) gases generated by a catalytic cracking unit catalyst regenerator, (3) gases generated by fluid coking burners, (4) gases combusted to produce sulfur or sulfuric acid, or (5) process upset gases generated due to startup, shutdown, or malfunctions.

2. Monitoring Requirements

(a) Except as provided in paragraphs (b) and (c) of this Section 2, fuel gas combustion devices shall use a continuous fuel gas monitoring system (CFGMS) to determine the total sulfur content (reported as H₂S) of the fuel gas mixture prior to combustion, and continuous fuel flow meters to determine the amount of fuel gas burned.

(1) Fuel gas combustion devices having a common source of fuel gas may be monitored for sulfur content at one location, if monitoring at that location is representative of the sulfur content of the fuel gas being burned in any fuel gas combustion device.

(2) The CFGMS shall meet the performance requirements in Performance Specification 2 in Appendix B to 40 CFR part 60, and the following:

(i) Continuously monitor and record the concentration by volume of total sulfur compounds in the gaseous fuel reported as ppmv H₂S.

(ii) Have the span value set so that the majority of readings fall between 10 and 95% of the range.

(iii) Record negative values of zero drift.

(iv) Calibration drift shall be 5.0% of the span.

(v) Methods 15A, 16, or approved alternatives for total sulfur, are the reference methods for the relative accuracy test. The relative accuracy test shall include a bias test in accordance with paragraph 4(c) of this section.

(3) All continuous fuel flow meters shall comply with the applicable provisions of Appendix D to 40 CFR part 75.

(4) The hourly mass SO₂ emissions shall be calculated using the following equation:

E = (C_S)(Q_f)(K)

where: E = SO₂ emissions in lbs/hr

C_S = Sulfur content of the fuel gas as H₂S(ppmv)

Q_f = Fuel gas flow rate (scfh)

K = 1.660 x 10^-7(lb/scf)/ppmv

(b) In place of a CFGMS in paragraph (a) of this Section 2, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO₂ CEMS and flow CEMS at only one location, if the CEMS monitoring at that location is representative of the SO₂ emission rate (lb SO₂/scf fuel gas burned) of all applicable fuel gas combustion devices. Continuous fuel flow meters shall be used in accordance with paragraph (b), and the fuel gas combustion device monitored by a CEMS shall have separate fuel metering.

(1) Each CEMS for SO₂ and flow shall comply with the operating requirements, performance specifications, and quality assurance requirements of 40 CFR part 75.

(2) All continuous fuel flow meters shall comply with the applicable provisions of Appendix D to 40 CFR part 75.

(3) The SO₂ mass emissions for all the fuel gas combustion devices monitored by this approach shall be determined by the ratio of the amount of fuel gas burned by the CEMS-monitored fuel gas combustion device to the total fuel gas burned by all applicable fuel gas combustion devices using the following equation:

E_t = (E_m)(Q_t)/(Q_m)

where: E_t = Total SO₂ emissions in lbs/hr from applicable fuel gas combustion devices.

E_m = SO₂ emissions in lbs/hr from the CEMS-monitored fuel gas combustion

device.

Q_t = Fuel gas flow rate (scfh) from applicable fuel gas combustion devices.

Q_m = Fuel gas flow rate (scfh) from the CEMS-monitored fuel gas combustion

device.

(c) In place of a CFGMS in paragraph (a) of this section, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO₂ - diluent CEMS at only one location, if the CEMS monitoring at that location is representative of the SO₂ emission rate (lb SO₂/mmBtu) of all applicable fuel gas combustion devices. If this option is selected, the owner or operator shall conduct fuel gas sampling and analysis for gross calorific value (GCV), and shall use continuous fuel flow metering in accordance with paragraph (a) of this Section 2, with separate fuel metering for the CEMS-monitored fuel gas combustion device.

(1) Each SO₂-diluent CEMS shall comply with the applicable provisions for SO₂ monitors and diluent monitors in 40 CFR part 75, and shall use the procedures in section 3 of Appendix F to part 75 for determining SO₂ emission rate (lb/mmBtu) by substituting the term SO₂ for NO_x in that section.

(2) All continuous fuel flow meters and fuel gas sampling and analysis for GCV to determine the heat input rate from the fuel gas shall comply with the applicable provisions of Appendix D to 40 CFR part 75.

(3) The SO₂ mass emissions for all the fuel gas combustion devices monitored by this approach shall be determined by the ratio of the fuel gas heat input to the CEMS-monitored fuel gas combustion device to the total fuel gas heat input to all applicable fuel gas combustion devices using the following equation:

E_t = (E_m)(H_t)/(H_m)

where: E_t = Total SO₂ emissions in lbs/hr from applicable fuel gas combustion devices.

E_m = SO₂ emissions in lb/mmBtu from the CEMS - monitored fuel gas

combustion device.

H_t = Fuel gas heat input (mmBtu/hr) from applicable fuel gas combustion devices.

H_m = Fuel gas heat input (mmBtu/hr) from the CEMS - monitored fuel gas

combustion device.

3. Certification/Recertification Requirements

All monitoring systems are subject to initial certification and recertification testing as follows:

(a) The owner or operator shall comply with the initial testing and calibration requirements in Performance Specification 2 in Appendix B of 40 CFR part 60 and paragraph 2 (a)(2) of this section for each CFGMS.

(b) Each CEMS for SO₂ and flow or each SO₂-diluent CEMS shall comply with the testing and calibration requirements specified in 40 CFR part 75, section 75.20 and Appendices A and B, except that each SO₂-diluent CEMS shall meet the relative accuracy requirements for a NO_x-diluent CEMS (lb/mmBtu).

(c) A continuous fuel flow meter shall comply with the testing and calibration requirements in 40 CFR part 75, Appendix D.

4. Quality Assurance/Quality Control Requirements

(a) A quality assurance/quality control (QA/QC) plan shall be developed and

implemented for each CEMS for SO₂ and flow or the SO₂-diluent CEMS in compliance with Appendix B of 40 CFR part 75.

(b) A QA/QC plan shall be developed and implemented for each continuous fuel flow meter and fuel sampling and analysis in compliance with Appendix B of 40 CFR part 75.

(c) A QA/QC plan shall be developed and implemented for each CFGMS in compliance with sections 1 and 1.1 of Appendix B of 40 CFR part 75, and the following:

(1) Perform a daily calibration error test of each CFGMS at two gas concentrations, one low level and one high level. Calculate the calibration error as described in Appendix A to 40 CFR part 75. An out of control period occurs whenever the error is greater than 5.0% of the span value.

(2) In addition to the daily calibration error test, an additional calibration error test shall be performed whenever a daily calibration error test is failed, whenever a monitoring system is returned to service following repairs or corrective actions that may affect the monitor measurements, or after making manual calibration adjustments.

(3) Perform a linearity test once every operating quarter. Calculate the linearity as described in Appendix A to 40 CFR part 75. An out of control period occurs whenever the linearity error is greater than 5.0 percent of a reference value, and the absolute value of the difference between average monitor response values and a reference value is greater than 5.0 ppm.

(4) Perform a relative accuracy test audit once every four operating quarters. Calculate the relative accuracy as described in Appendix A to 40 CFR part 75. An out of control period occurs whenever the relative accuracy is greater than 20.0% of the mean value of the reference method measurements.

(5) Using the results of the relative accuracy test audit, conduct a bias test in accordance with Appendix A to 40 CFR part 75, and calculate and apply a bias adjustment factor if required.

5. Missing Data Procedures

(a) For any period in which valid data are not being recorded by an SO₂ CEMS or flow CEMS specified in this section, missing or invalid data shall be replaced with substitute data in accordance with the requirements in Subpart D of 40 CFR part 75.

(b) For any period in which valid data are not being recorded by an SO₂-diluent CEMS specified in this section, missing or invalid data shall be replaced with substitute data on a rate basis (lb/mmBtu) in accordance with the requirements for SO₂ monitors in Subpart D of 40 CFR part 75.

(c) For any period in which valid data are not being recorded by a continuous fuel flow meter or for fuel gas GCV sampling and analysis specified in this section, missing or invalid data shall be replaced with substitute data in accordance with missing data requirements in Appendix D to 40 CFR part 75.

(d) For any period in which valid data are not being recorded by the CFGMS specified in this section, hourly missing or invalid data shall be replaced with substitute data in accordance with the missing data requirements for units performing hourly gaseous fuel sulfur sampling in section 2.4 of Appendix D to 40 CFR part 75.

6. Monitoring Plan and Reporting Requirements

In addition to the general monitoring plan and reporting requirements of Section 2(h) of Chapter 14, the owner or operator shall meet the following additional requirements:

(a) The monitoring plan shall identify each group of units that are monitored by a single monitoring system under this Protocol WEB-1, and the plan shall designate an identifier for the group of units for emissions reporting purposes. For purpose of submitting emissions reports, no apportionment of emissions to the individual units within the group is required.

(b) If the provisions of paragraphs 2(b) or (c) are used, provide documentation and an explanation to demonstrate that the SO₂ emission rate from the monitored unit is representative of the rate from non-monitored units.

Protocol WEB-2: Predictive Flow Monitoring Systems for Kilns with Positive Pressure Fabric Filter

1. Applicability

The provisions of this protocol are applicable to cement kilns or lime kilns that (1) are controlled by a positive pressure fabric filter, and (2) have operating conditions upstream of the fabric filter that the WEB source documents would reasonably prevent reliable flow monitor measurements.

2. Monitoring Requirements

(a) A cement or lime kiln with a positive pressure fabric filter shall use a predictive flow monitoring system (PFMS) to determine the hourly kiln exhaust gas flow.

(b) A PFMS is the total equipment necessary for the determination of exhaust gas flow using process or control device operating parameter measurements and a conversion equation, a graph, or computer program to produce results in cubic feet per hour.

(1) The PFMS must allow for the automatic or manual determination of failed monitors. At a minimum a daily determination must be performed.

(2) The PFMS shall have provisions to check the calibration error of each parameter that is individually measured. The owner or operator shall propose appropriate performance specifications in the initial monitoring plan for all parameters used in the PFMS comparable to the degree of accuracy required for other monitoring systems used to comply with this Rule. The parameters shall be tested at two levels, low: 0 to 20% of full scale, and high: 50 to 100% of full scale. The reference value need not be certified.

(3) The relative accuracy of the PFMS must be < 10.0% of the reference method average value, and include a bias test in accordance with paragraph 4(c) of this section.

3. Certification Requirements

The PFMS is subject to initial certification testing as follows:

(a) Demonstrate the ability of the PFMS to identify automatically or manually a failed monitor.

(b) Provide evidence of calibration testing of all monitoring equipment. Any tests conducted within the previous 12 months of operation that are consistent with the QA/QC plan for the PFMS are acceptable for initial certification purposes.

(c) Perform an initial relative accuracy test over the normal range of operating conditions of the kiln. Using the results of the relative accuracy test audit, conduct a bias test in accordance with Appendix A to 40 CFR part 75, and calculate and apply a bias adjustment factor if required.

4. Quality Assurance/Quality Control Requirements

A QA/QC plan shall be developed and implemented for each PFMS in compliance with sections 1 and 1.1 of Appendix B of 40 CFR part 75, and the following:

(a) Perform a daily monitor failure check.

(b) Perform calibration tests of all monitors for each parameter included in the PFMS. At a minimum, calibrations shall be conducted prior to each relative accuracy test audit.

(c) Perform a relative accuracy test audit and accompanying bias test once every four operating quarters. Calculate the relative accuracy (and bias adjustment factor) as described in Appendix A to 40 CFR part 75. An out of control period occurs whenever the flow relative accuracy is greater than 10.0% of the mean value of the reference method.

5. Missing Data

For any period in which valid data are not being recorded by the PFMS specified in this section, hourly missing or invalid data shall be replaced with substitute data in accordance with the flow monitor missing data requirements for non-load based units in Subpart D of 40 CFR part 75.

6. Monitoring Plan Requirements

In addition to the general monitoring plan requirements of Section 2(h) of Chapter 14, the owner or operator shall meet the following additional requirements:

(a) The monitoring plan shall document the reasons why stack flow measurements upstream of the fabric filter are unlikely to provide reliable flow measurements over time.

(b) The initial monitoring plan shall explain the relationship of the proposed parameters and stack flow, and discuss other parameters considered and the reasons for not using those parameters in the PFMS. The State of Wyoming may require that the subsequent monitoring plan include additional explanation and documentation for the reasonableness of the proposed PFMS.

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

CHAPTER 3

GENERAL EMISSION STANDARDS

TABLE OF CONTENTS

Section 4. Emission standards for sulfur oxides...................................................... 3-8

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

CHAPTER 3

GENERAL EMISSION STANDARDS

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

TABLE OF CONTENTS

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

CHAPTER 11

NATIONAL ACID RAIN PROGRAM

TABLE OF CONTENTS

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

CHAPTER 11

NATIONAL ACID RAIN PROGRAM

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

CHAPTER 14

EMISSION TRADING PROGRAM REGULATIONS

TABLE OF CONTENTS

Section 4. Mercury budget trading program........................................................ 14-43

Section 5. Incorporation by reference.................................................................. 14-48

WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

STANDARDS AND REGULATIONS

CHAPTER 14

EMISSION TRADING PROGRAM REGULATIONS