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 the 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 became effective on April 23, 1999.

The following sources are subject to Title V permitting requirements:

• Major sources of air pollution as defined in WAQSR Chapter 6, Section 3. 
• 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 WAQSR Chapter 5, Section 2.*
• 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 Prevention of Significant Deterioration, WAQSR Chapter 6, Section 4. 
• 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 Wyoming Air Quality Standards and Regulations (WAQSR) Chapter 6, Section 3.  When navigating to the rule website, select Current Rules,  Agency – Environmental Quality, Program – Air Quality, and Type – Current Rules and Regulations. 

A Title V Operating Permit consolidates all applicable 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 also includes:

• Enhanced monitoring
• Recordkeeping and reporting requirements
• Appropriate compliance assurance monitoring (for large emission sources with add-on pollution control equipment)

The process of issuing an initial or renewal Title V Operating Permit takes approximately 18 months and is designed to allow participation by the public (30 days), the EPA (45 days), and nearby states. 

The Operating Permit Program is intended to be self-supporting.  The Clean Air Act requires permitting authorities to charge annual fees to Title V facilities based upon their actual air pollutant emissions.   

In accordance with Wyoming Statute §35-11-211, fees are to be assessed on an emissions basis as well as for permit applications and the time incurred by the Department in reviewing and acting upon those applications.  

As of July 1, 2014, emission inventory fees are assessed annually at a rate of $34.50 per ton of emissions.  

As of August 1, 2023, the application fee is $500 and the hourly rate for application review is $75 per hour.