Notice of Final Adoption for R-35 Rulemaking

Wyoming Department of Environmental Quality

Air Quality Division: Rulemaking

Notice of Final Adoption of Air Quality Rules:

 Chapters 2, 3, 4, 5, 8, 11 and 14 

The Wyoming Department of Environmental Quality has updated sections of the Wyoming Air Quality Standards and Regulations (WAQSR):  

  • Please see this memo regarding the final, state-effective adoption of AQD's recent rulemaking (R-35).

  • Chapters 2, 3, 4, 5, 8, 11 and 14 have been revised through the statutory rulemaking process. 

  • Changes became state-effective on April 30, 2024.  

  • Please discard the existing contents of Chapters 2, 3, 4, 5, 8, 11 and 14, and then insert the new editions of the chapter, which can be accessed electronically at  https://rules.wyo.gov/Default.aspx

Summary of changes: 

  • Chapter 2, Ambient Standards, Section 12, Incorporation by Reference, is being revised to adopt by reference from the Code of Federal Regulations (CFR) as of July 1, 2023 and to correct outdated website links. There are other periodic, non-substantive updates throughout Chapter 2 pertaining to formatting, typographical revisions, etc. The revisions to Section 12 involve changes to the State Implementation Plan (SIP).   

  • Chapter 3, General Emission Standards, Section 9, Incorporation by Reference, has been updated to adopt by reference from the CFR as of July 1, 2023, as well as revisions that update website links. There are other periodic, non-substantive updates throughout Chapter 3 pertaining to formatting, typographical revisions, etc. The revisions to Section 9 involve changes to the SIP.

  • Chapter 4, State Performance Standards for Specific Existing Sources, Section 4, Existing municipal solid waste landfills, has been updated to remove obsolete State Plan requirements that have been superseded by a Federal Plan, and Section 4 has been retitled, [Reserved.]. Section 6, Incorporation by Reference, has been updated to adopt by reference from the CFR as of July 1, 2023, as well as revisions that update website links. There are other periodic, non-substantive updates throughout Chapter 4 pertaining to formatting, typographical revisions, etc.

  • Chapter 5, National Emission Standards, Section 2, New Source Performance Standards, has been updated to incorporate 40 CFR Part 60, subpart XXX, which pertains to municipal solid waste landfills that commenced construction, reconstruction, or modification after July 14, 2014, and 40 CFR Part 60, subpart QQQQ, which pertains to standards of performance for new residential hydronic heaters and forced-air furnaces. Section 3, National Emission Standards for Hazardous Air Pollutants, has been updated to incorporate 40 CFR Part 63 subpart CCCCCC, which pertains to source category for gasoline dispensing facilities, and 40 CFR Part 63 subpart XXXXXX, which pertains to area source standards for nine metal fabrication and finishing source categories. Section 3 has also been updated to add 1-bromopropane (1-BP) to the list of Clean Air Act Hazardous Air Pollutants. Section 4, Incorporation by Reference, has been updated to adopt by reference from the CFR as of July 1, 2023, as well as revisions that update website links. There are other periodic, non-substantive updates throughout Chapter 5 pertaining to formatting, typographical revisions, etc.

  • Chapter 8, Nonattainment Area Regulations, Section 10, Incorporation by Reference, has been updated to adopt by reference from the CFR as of July 1, 2023, as well as revisions that update website links. There are other periodic, non-substantive updates throughout Chapter 8 pertaining to formatting, typographical revisions, etc. The revisions to Section 10 involve changes to the SIP.

  • Chapter 11, National Acid Rain Program, Section 2, Acid Rain Program, has been updated to adopt by reference from the CFR as of July 1, 2023, as well as revisions that update website links. There are other periodic, non-substantive updates throughout Chapter 11 pertaining to formatting, typographical revisions, etc.

  • Chapter 14, Emission Trading Program Regulations, Section 5, Incorporation by Reference, has been updated to adopt by reference from the CFR as of July 1, 2023, as well as revisions that update website links. There are other periodic, non-substantive updates throughout Chapter 14 pertaining to formatting, typographical revisions, etc.

If you have questions concerning this rule adoption, please feel free to contact Amber Potts at 307-777-2489.  Once again, current Wyoming Air Quality Standards and Regulations are available electronically at https://rules.wyo.gov/Default.aspx.

We encourage you to sign up for our WDEQ Air Quality Division Rules and Regulations email notices so you can receive ongoing updates on proposed rules and regulations, meetings, public hearings and more.

Thank you for your interest in the Wyoming Department of Environmental Quality's mission. 

"To protect, conserve and enhance the quality of Wyoming’s environment for the benefit of current and future generations."