Administrative Rule Review Report #AR10-048
Legislative Service Office
26-July-10
AGENCY: Department of Environmental Quality.
DATE SUBMITTED: July 15, 2010.
SUBJECT: Chapter 2, Ambient Standards; Chapter 3, General Emission Standards; Chapter 5, National Emission Standards; Chapter 6, Permitting Requirements; and Chapter 11, National Acid Rain Program.
NATURE OF RULES: Legislative, Procedural
STATUTORY AUTHORITY: W.S. 35-11-112(a)(i)
DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:
Apparently complete to date.
SUMMARY OF RULES:
Generally, these rules are being promulgated to update the air quality rules as required by changes in federal regulations.
More specifically, Chapter 2 provides for incorporation by reference to the federal rules, revises some standards or references and includes a new appendix for the interpretation of the annual state ambient air quality standard for certain particles.
Chapter 3 modifies the term for volatile organic compounds and updates the reference date to July 1, 2008.
Chapter 5 includes additional references to federal rules, makes minor corrections and updates the reference date to July 1, 2008.
Chapter 6 modifies and adds some definitions, incorporates nonattainment permit requirements and provides for the incorporation by reference of provisions of the code of federal regulations.
Chapter 11 updates the reference date to July 1, 2008.
As noted in the agency's statement of reasons, generally the changes meet, but do not exceed, federal requirements. Once exception noted is the change to ambient standards for particulate matter. While the federal government dropped the annual PM10 standard, the agency retained the standard "as a useful permitting and compliance tool for sources of fugitive dust."
Administrative Rule Review Report #AR10-048
Legislative Service Office
26-July-10
Page 2
Another change of note is the modification of the definition of "major stationary source" to exclude ethanol production facilities from the term "chemical process plants" for purposes of the section dealing with significant deterioration.
FINDINGS:
The rules appear to be within the scope of statutory authority and legislative intent.
Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review.
STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.
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Maxine R. Weaver
Staff Attorney
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David K. Gruver
Assistant Director
MRW/