§ 35-11-206 — Operating permit requirements and conditions

Wyoming § 35-11-206

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 2: AIR QUALITY

Text

(a) Every permit issued under the operating permit program
shall include enforceable emission limitations and standards, a
schedule of compliance, a requirement that the permittee submit
to the department no less often than every six (6) months, the
results of any required monitoring, and other conditions as are
necessary to assure compliance with applicable requirements
established pursuant to this article and the Clean Air Act.
(b) The department may by rule prescribe procedures and
methods for determining compliance and for monitoring and
analysis of pollutants regulated under the Clean Air Act and
this article, but continuous emissions monitoring need not be
required if alternative methods are available that provide
sufficiently reliable and timely information for determining
compliance. Nothing in this subsection shall be construed to
affect any continuous emissions monitoring requirement of title
IV of the Clean Air Act, or where required elsewhere in the
Clean Air Act.
(c) Every permit issued under the operating permit program
shall set forth inspection, entry, monitoring, compliance
certification and reporting requirements to assure compliance
with the permit terms and conditions. Monitoring and reporting
requirements shall conform to any applicable regulation under
subsection (b) of this section. Any report required to be
submitted by a permit issued to a corporation under the
operating permit program shall be signed by a responsible
corporate official, who shall certify its accuracy.
(d) The department may, after notice and opportunity for
public hearing, issue a general permit covering numerous similar
sources. Any general permit shall comply with all requirements
applicable to permits under title V of the Clean Air Act and the
operating permit program. No source covered by a general permit
shall thereby be relieved from the obligation to file an
application under W.S. 35-11-205.
(e) The department may issue a single permit authorizing
emissions from similar operations at multiple temporary
locations. No such permit shall be issued unless it includes
conditions that will assure compliance with all the requirements
of the operating permit program and the Clean Air Act at all
authorized locations, including, but not limited to, ambient
standards and compliance with any applicable increment or
visibility requirements under part C of title I of the Clean Air
Act. Any such permit shall in addition require the owner or
operator to notify the department in advance of each change in
location. The department may require a separate permit fee for
operations at each location.
(f) Every permit issued pursuant to the operating permit
program shall:
(i) Be issued for a fixed term of five (5) years
unless the department makes a finding, after public comment and
hearing, and based on substantial evidence in the record, that
an operating permit term of less than five (5) years is
necessary to protect the public health and the environment
except that operating permits to any affected source as defined
in section 501 of the Clean Air Act shall be issued for no less
and no more than five (5) years;
(ii) Be subject to termination, modification,
revocation or reissuance for cause;
(iii) Allow for operational flexibility at the
permitted facility without revising the permit; and
(iv) Be subject to revision by the department to
incorporate applicable requirements under the Clean Air Act and
this article which are promulgated after the permit is issued if
the remaining term of the permit is for a term of three (3) or
more years. Any revision required by this paragraph shall be
acted on by the department within the time limits provided in
W.S. 35-11-205(a).