Rule Development

Proposed Rules and Regulations

The Wyoming Environmental Quality Council (EQC) will consider proposed changes to the Wyoming Air Quality Standards and Regulations (WAQSR) brought forth by the Wyoming Department of Environmental Quality (WDEQ) Air Quality Division (AQD) at a public hearing to be held at 9:00 a.m. on February 15, 2022, at Gillette College Technical Education Center, Flex Space, 3251 S 4-J Rd, Gillette, WY 82718. Individuals interested in attending the Zoom videoconference may contact Joe Girardin at (307) 777-7170 or for assistance.

The proposed rulemaking Docket # 21-2101 (R-34) will involve revising WAQSR Chapter 6, Permitting Requirements, Section 2(o)(iii), Permit requirements for construction, modification, and operation. Section 2(o)(iii), Portable Relocate Fees, is being updated to include revisions to portable relocate fee assessments as required by Wyo. Stat. § 35-11-211(j) after the passage of HB0049 during the 2021 legislative session.

At the public hearing, the EQC will consider the proposed rule, written and electronically filed comments, the AQD’s Analysis of Comments, oral statements from the public, and any modification proposed by the AQD to the draft rule. The EQC may choose to extend the comment period. If the comment period is extended, the extension will be posted on the AQD’s website and the EQC’s website. The EQC will determine if the record will remain open after the scheduled hearing. The EQC, however, may close the record and make a final decision regarding the rules prior to concluding the hearing.

The comment period for Docket # 21-2101 opens at 8:00 a.m. (MST) on December 15, 2021 and closes at 5:00 p.m. (MST) on January 28, 2022. Written comments should be submitted to: Administrator, Air Quality Division, 200 West 17th Street, Cheyenne, Wyoming, 82002; faxed to 307-635-1784; or submitted via the Division’s electronic public comment form, found at Copies of the public notice, Notice of Intent to Adopt Rules, and the proposed rules are available at the same web address. If you have any questions regarding the proposed rules, please contact Amber Potts, Air Quality Division, at 307-777-2489. The AQD will file an Analysis of Comments with the EQC prior to the February 15, 2022 public hearing. The proposed rule, comments submitted, and the response to comments will be posted on the Council’s website under Docket # 21-2101 at:

Any person wishing to use a digital presentation during their testimony before the EQC must provide a digital copy to the EQC no less than three (3) days prior to the hearing unless they contact the EQC and request an extension for good cause.  Failure to submit a digital copy in a timely manner will result in the person not being allowed to use the presentation during their testimony.

In accordance with the Americans with Disabilities Act, special assistance or alternative formats will be made available upon request for individuals with disabilities. Para español, visite

Rule Development Process

Rule development involves a process that allows for input from the public and other stakeholders. After a Proposed Rule is developed internally by DEQ/AQD, it must undergo review by both the Wyoming Air Quality Advisory Board and the Environmental Quality Council – the public is given an opportunity to comment on the Proposed Rule prior to each stage – before it can become a State Rule. The Proposed Rule is also reviewed by the Attorney General, Legislative Services Office, and the Governor’s Office before it reaches the Secretary of State’s Office and becomes a State Rule.   

To see an illustrated flowchart of the AQD’s rulemaking process, you can access a .PDF file from the downloader below.     

The Air Quality Division State Implementation Plan and Rule Development section is responsible for developing federally approvable plans and rules necessary to ensure that the State of Wyoming retains primacy in regulating sources of air pollution as required under the Clean Air Act (CAA). 

There are currently no new announcements. Please check back at a later time.

Wyoming Air Quality Standards and Regulations (WAQSR) are available online – click here to access them. 

Amber Potts
Air Quality Division
200 West 17th Street
Cheyenne, Wyoming 82002 

Staying up to date on the latest rule development within AQD is easy – just sign up for our public notices by clicking here and you will receive ongoing updates on proposed rules and regulations, meetings, public hearings and more. 

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