Current through September 21, 2024
Major modifications, issuance, or reissuance of every draft
permit; or where the administrator proposes to terminate coverage under an
individual permit; or where the administrator proposes to conduct a public
meeting in accordance with Section 16 of these regulations, the following
procedures shall be used.
(a) Public
notice. Public notice of every draft permit, public meeting being held pursuant
to Section 16 of the regulations, or granting of an appeal shall be given in
the following manner:
(i) In addition to the
applicable provisions of Section
15(a) (ii)
through (v), notice shall be circulated by
one or more of the following methods:
(A) For
individual permits, posting in the post office and other public places of the
municipality nearest the location(s) of the proposed discharge(s);
(B) For individual permits, posting near the
entrance to the applicant's premises;
(C) For individual permits, publication in
newspapers of general circulation in the locations of the proposed
discharges;
(D) For individual and
general permits, publication in a newspaper with statewide
distribution;
(E) For general
permits, publication in a newspaper with circulation in the geographic area
defined in the general permit.
(ii) For individual permits, where a proposed
outfall would occur on property that is not owned by the applicant, a copy of
the public notice will be provided to the owner of the property.
(iii) For general permits, in accordance with
applicable provisions of the general permit.
(iv) For major permits, publication in a
daily or weekly newspaper within the area affected by the facility or
activity.
(v) In addition to
Section
15(a) (i)
through (iv), publication on the Wyoming
Department of Environmental Quality Internet Website (
http://deq.state.wy.us).
(vi) No public notice is required when a
request for permit modification, revocation and reissuance, or termination, or
coverage or modification under a general permit is denied.
(vii) The applicant shall be mailed a copy of
the fact sheet, which includes the public notice, a draft copy of the permit,
and the statement of basis. The applicant will not be mailed a copy of the
application materials, which is also part of the fact sheet.
(viii) Notice shall be mailed to any person
upon request, and the administrator shall upon request add the name of any
person to a list of persons or parties designated to receive copies of public
notices.
(ix) The administrator
shall provide a period of not less than 30 days following the date of public
notice during which interested persons may submit their comments on draft
permits.
(x) The contents of the
public notices for draft permits shall include the following:
(A) Name, address, phone number, and internet
address of the Water Quality Division;
(B) For individual permits:
(I) Names and addresses of the
applicants;
(II) A brief
description of each activity or operation resulting in the discharge described
in each application;
(III) The name
of the water course to which such discharge is made and a general description
of the location of each outfall;
(IV) A statement of the tentative
determination to issue the permit;
(C) For general permits:
(I) A brief description of the activity or
operation resulting in the discharges for which the permit will provide
coverage and a description of effluent limitations and monitoring requirements
that are being proposed;
(II) A
description of the geographic area covered by the general permit.
(D) The end date of the 30 day
comment period; and
(E) A statement
that a copy of the draft permit, fact sheet (if prepared), and other
information is available at the address specified in paragraph (A)
above.
(xi) The contents
of a public notice announcing a public meeting shall be in accordance with
Section 16(c) of these regulations.
(b) Minor facilities. For every minor
facility, the administrator shall prepare a statement of basis to accompany the
draft permit. The statement of basis, draft permit and permit application shall
be available for public inspection during the public comment period.
(c) Major facilities. For every major
facility, the administrator shall prepare and, following public notice, shall
make available, to any person so requesting, a fact sheet with respect to the
application described in the notice. The administrator shall also add the name
of any person so requesting to a list of those parties or persons designated to
be given notice of fact sheets published, and such fact sheet shall consist of,
at a minimum, the statement of basis and application, including the following
information when applicable:
(i) A sketch or
description of the discharge described in the permit application;
(ii) A quantitative description of the
discharge which shall include the rate or frequency of discharge, the average
summer and winter temperatures, and the average daily discharge in pounds per
day and/or kilograms per day of any types of waste in the discharge;
(iii) Any tentative determinations reached by
the administrator concerning the application;
(iv) A brief citation of any water quality
standards and effluent standards that apply to the proposed
discharge;
(v) A comprehensive
description of the procedures for formulating a final decision with respect to
the application including;
(A) The beginning
and ending dates of the public comment period and the address where comments
will be received;
(B) Procedures
for requesting a meeting and the nature of that meeting; and
(C) Any other procedures by which the public
may participate in the final decision.
(vi) Any calculations or other necessary
explanation of the derivation of specific effluent limitations and conditions,
including a citation to applicable efflue nt guidelines or performance
standards and reasons why they are applicable or an explanation of how
alternative effluent limitations were developed.
(vii) For permits to be issued to a treatment
works owned by a person other than a state or municipality, an explanation of
the administrator's decision to issue a permit with no conditions applicable to
any user, to impose conditions on one or more users, to issue separate
applications, and the basis for that decision.
(viii) When the draft permit contains any of
the following conditions, an explanation of the reasons that such conditions
are applicable:
(A) Limitations to control
toxic pollutants;
(B) Limitations
on internal waste streams;
(C)
Limitations on indicator pollutants;
(D) Limitations set on a case-by-case
basis;
(E) Limitations to meet the
criteria for permit issuance; or
(F) Waivers from monitoring
requirements.
(ix)
Reasons why any requested variances or alternatives to required standards do or
do not appear justified.
(x)
Justification for waiver for any application requirements where such a waiver
is allowed under the provisions of these regulations.
(d) Governmental agency mailing list. The
following governmental agencies shall be inc luded on a mailing list for
receipt of fact sheets unless such agency requests not to be included on the
mailing list, and each will be provided an opportunity to comment upon the
draft permit(s).
(i) United States
Environmental Protection Agency.
(ii) Second Coast Guard District.
(iii) United States Bureau of
Reclamation.
(iv) Natural Resources
Conservation Service.
(v) United
States Forest Service.
(vi) United
States Bureau of Land Management.
(vii) United StatesFish and Wildlife
Service.
(viii) United States Army
Corps of Engineers.
(ix) Wyoming
Game and Fish Department.
(x)
Wyoming Oil and Gas Conservation Commission.
(xi) Wyoming State Historic Preservation
Office.
(xii) Wyoming State
Engineer.
(xiii) Any other state or
federal agency requesting to be placed on the mailing list.
(e) Notification to affected
states. Any state whose waters may be affected by the issuance of a permit
shall be provided with a copy of the public notice and any other relevant
documents that are requested. Each state whose waters may be affected shall be
afforded an opportunity to comment on the draft permit, and the administrator
shall take these comments into account in preparing the final permit, or the
administrator shall provide the affected state, and the Regional Administrator
of the EPA, a written explanation of his reasons for failing to accept any of
the comments.
(f) Written comments
request for public meeting. During the public comment period provided in
paragraph (a) (v) of this section, any interested person may submit written
comments on a draft permit and may request a public meeting. A request for
public meeting shall be made in writing in accordance with Section 16.
(g) Response to comments. Before a
final permit decision is considered, the administrator shall prepare a response
to comments which is subject to the following conditions:
(i) A response to all comments received
within the time frame specified in paragraph (b) (v) of this Section shall be
prepared and provided to the parties submitting comments;
(ii) The response shall specify which
provisions, if any, of the draft permit have been changed in the final permit
decision, and the reasons for the change; and
(iii) The response shall provide the reasons
why any comments did not result in a change to the draft permit; and
(iv) The response to comments shall be made
available to the public; and
(v)
Responses to comments from other governmental agencies shall be addressed in
accordance with
40
CFR 124.59.
(h) Alternative effluent limitations. Public
notice for any request made under Appendix M of these regulations shall include
the following:
(i) A statement that the
thermal component of the discharge is subject to effluent limitations under
Sections 301 or 306 of the CWA and a brief description, including a
quantitative statement, or the thermal effluent limitations proposed under
Sections 301 or 306;
(ii) A
statement that an Appendix M request has been filed and that alternative less
stringent effluent limitations may be imposed on the thermal component of the
discharge under Appendix M and a brief description, including a quantitative
statement, of the alternative effluent limitations, if any, included in the
request; and
(iii) If the applicant
has filed an early screening request under Appendix M of these regulations, a
statement that the applicant has submitted such a plan.
