020-1 Wyo. Code R. § 1-7

Current through April 27, 2019

Section 1-7 - Greenhouse gases

(a) Sources that directly emit, or have the potential to emit the pollutant Greenhouse Gases (GHGs) shall be subject to operating permit requirements as specified in Chapter 6, Section 3, and subject to prevention of significant deterioration (PSD) permit requirements as specified in Chapter 6, Section 4.

(b) Notwithstanding the requirements of Chapter 6, Section 2(a)(i) and (iii), a preconstruction permit under Chapter 6, Section 2 is not required for the pollutant Greenhouse Gases (GHGs) unless the facility or source is also required to obtain a permit for GHGs under Chapter 6, Section 4.

(c) All Greenhouse Gas Regulations adopted in Chapter 1, Sections 1(a), 3(a) and 7; Chapter 6, Sections 1(a), 3(b), 4(a) and 14; and Chapter 7, Section 3(a) are repealed upon the occurrence of any one (1) of the following events:

• (i) The United States Congress enacts a law prohibiting the United States Environmental Protection Agency from regulating greenhouse gases; or

• (ii) A federal court issues a final judgment prohibiting the United States Environmental Protection Agency from regulating greenhouse gas emissions from stationary sources.

(d) As used in this section, the term "final judgment" means a judgment issued by a federal court that is no longer subject to potential or ongoing appeal to any federal court with jurisdiction over the court judgment.

(e) The effective date of such repeal shall be the date the Governor certifies to the Secretary of State the occurrence of any act which repeals Wyoming Statute Ann. § 35-11-213(e) through (k).

020-1 Wyo. Code R. § 1-7