Wyoming Department of Environmental Quality

Wyoming's Title V Operating Permit Program

As required by Title V of the Clean Air Act Amendments of 1990 and the implementing regulations in 40 CFR part 70, Wyoming established an Operating Permit Program under Chapter 6, Section 3 of Wyoming Air Quality Standards and Regulations (WAQSR). Wyoming's proposed program was submitted to the Environmental Protection Agency (EPA) for approval on November 22, 1993. Notice of Interim Approval was published in the Federal Register on January 19, 1995. Final EPA approval of the Wyoming Operating Permit Program was published on February 22, 1999, and the approval was effective April 23, 1999.

A Title V Operating Permit consolidates all air quality regulatory requirements into a single, legally-enforceable document. These permits are designed to improve compliance by clarifying what air quality regulations apply to a facility. A Title V Operating Permit may include enhanced monitoring, recordkeeping and reporting requirements, as well as appropriate compliance assurance monitoring (for large emission sources with add-on pollution control equipment). The process of issuing the Operating Permit is designed to allow participation by the public (30 days), the EPA (45 days) and nearby states to avoid misinterpretation of air quality regulatory requirements. The Operating Permit Program is intended to be self supporting, and states are required under the Clean Air Act to charge fees to facilities subject to Title V based upon their actual air pollutant emissions on an annual basis.

Fees for the first six (6) months of 2010 (January 1, 2010 through June 30, 2010) are $28.16 per ton of emissions. Beginning July 1, 2010, fees shall be $31 per ton of emissions. Additional information about emission inventories can be found in the Emission Inventory section.

Who Needs a Title V Operating Permit?

The following sources are subject to the Title V permit requirements:

Major sources of air pollution. A major source is defined as a stationary source (or group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person, or persons under common control, belonging to a single major industrial grouping) which emits, or has the potential to emit, 100 tons per year of an air pollutant; or any stationary source which emits, or has the potential to emit, 10 tons per year of an individual hazardous air pollutant (or 25 tons per year of any combination of hazardous air pollutants) which has been listed pursuant to section 112(b) of the Clean Air Act.

Any source, including an area source, subject to a standard, limitation, or other requirement under section 111 of the Clean Air Act (New Source Performance Standards) and Chapter 5, Section 2 of the WAQSR.*

Any source, including an area source, subject to a standard or other requirement under section 112 of the Clean Air Act(National Emission Standards for Hazardous Air Pollutants), except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) of the Clean Air Act.*

Any "affected source" subject to the acid rain provisions of Title IV of the Clean Air Act.

Any stationary source subject to preconstruction review requirements pursuant to the Prevention of Significant Deterioration of Chapter 6, Section 4 of the WAQSR.

Any other stationary source in a source category that the EPA may designate by regulation pursuant to the authority granted under the Clean Air Act.

*The DEQ shall exempt any nonmajor source from the obligation to obtain a Title V permit until the EPA requires such sources to obtain a Title V permit in final regulations.

The complete definition of applicability for the Title V Operating Permit Program can be found in Chapter 6, Section 3 of the WAQSR. Permit application forms may be obtained upon request from the Air Quality Division's Operating Permit Program at the address and/or phone listed below. Operating Permit application forms, instructional information and guidance documents are also available for download from the Division's website.

Title V Operating Permit Program Contact Information

If you desire additional information on the Wyoming Air Quality Division's Title V Operating Permit Program, you may reach us at:

Department of Environmental Quality
Air Quality Division
122 West 25th Street
Cheyenne, Wyoming 82002
Telephone: (307) 777-3784

Lori Bocchino (307) 777-8578 lori.bocchino@wyo.gov

Maggie Endres (307) 777-5515 maggie.endres@wyo.gov