Current through September 21, 2024
(a) The
Administrator shall give public notice if a draft permit has been prepared,
after receiving a financial assurance release request pursuant to Section
26(h)(i)(A) of this Chapter and finding the operator has met the requirements
of
W.S.
35-11-313(f)(vi)(F), or if a
hearing has been scheduled.
(i) Public notice
of the preparation of a draft permit shall allow at least sixty (60) days for
public comment.
(ii) Public notice
of a hearing or recommendation to release financial assurance after certifying
site closure shall be given at least thirty (30) days before the
hearing.
(iii) Public notice of a
hearing may be given at the same time as public notice of the draft permit or
of a draft recommendation to release financial assurance after certifying site
closure, and the two notices may be combined.
(b) Public notice shall be given by:
(i) Providing a copy of the notice, a copy of
the fact sheet, the permit application (if any), and the draft permit (if any)
to the following persons:
(A) The applicant,
by certified or registered mail;
(B) The U.S. Environmental Protection Agency,
Region 8 Drinking Water Program, by mail;
(C) The U.S. Environmental Protection Agency,
Underground Injection Control Program, by mail;
(D) Wyoming Game and Fish
Department;
(E) Wyoming State
Engineer;
(F) State Historical
Preservation Officer;
(G) Wyoming
Oil and Gas Conservation Commission;
(H) Wyoming Department of Environmental
Quality, Land Quality Division;
(I)
Wyoming State Geological Survey;
(J) Wyoming Water Development
Office;
(K) Wyoming Department of
Environmental Quality, Air Quality Division;
(L) Wyoming Department of Environmental
Quality, Solid and Hazardous Waste Division; and
(M) U.S. Army Corps of Engineers;
(N) Federal agencies with jurisdiction over
fish, shellfish, and wildlife resources and over coastal zone management
plans;
(O) The Advisory Council on
Historic Preservation;
(P) Any
Tribes with Indian reservations and Indian lands identified pursuant to
Sections
10(b)(v) and
10(b)(ix)(A)(VII) of this
Chapter;
(Q) Persons on the mailing
list developed by the Department, including those who request in writing to be
on the list and participants in hearings in that area who request to be on
"area" mailing lists; and
(R) Any
unit of state or local government having jurisdiction over the area where the
facility is proposed to be located.
(ii) Publishing the notice in a newspaper of
general circulation in the location of the facility or operation; and
(iii) At the discretion of the Administrator,
any other method reasonably expected to give actual notice of the proposed
action to the persons potentially affected by it, including press releases or
any other forum or medium to elicit public participation.
(c) All public notices issued under this
chapter shall contain the following minimum information:
(i) Name and address of the
Department;
(ii) Name and address
of the owner, operator, permittee, or permit applicant, and, if different, of
the facility or activity regulated by the permit;
(iii) A brief description of the business
conducted at the facility or activity described in the permit application,
described in the draft permit, or subject to regulation under this
Chapter;
(iv) The type and quantity
of wastes, fluids, or pollutants that are proposed to be or are being treated,
stored, disposed of, injected, emitted, or discharged;
(v) A brief summary of the basis for the
draft permit conditions, including references to applicable statutory or
regulatory provisions;
(vi) Reasons
why any requested variances or alternatives to required standards do or do not
appear justified;
(vii) Name,
address and telephone number of a person from whom interested persons may
obtain further information, including copies of the draft permit, statement of
basis, fact sheet, and the application; and
(viii) A brief description of comment
procedures, including:
(A) Procedures to
request a hearing;
(B) The
beginning and ending dates of the comment period;
(C) The address where comments may be
submitted; and
(D) Other procedures
that the public may use to participate in the final permit decision.
(d) In addition to the
information required in paragraph (c) of this Section, any notice for a hearing
shall contain the following:
(i) Reference to
the date of previous public notices relating to the permit;
(ii) Date, time, and place of hearing;
and
(iii) A brief description of
the nature and purpose of the hearing, including applicable rules and
procedures.
(e) The
Department shall provide an opportunity for the applicant, permittee, owner,
operator, or any interested person to submit written comments regarding any
aspect of a permit or to request a hearing.
(i) During the public comment period, any
interested person may submit written comments on the draft permit and may
request a hearing. Requests for hearings shall be made in writing to the
Administrator and shall state the reasons for the request.
(ii) The Administrator shall hold a hearing
whenever the Administrator finds, on the basis of requests, a significant
degree of public interest in a draft permit.
(iii) The Administrator may hold a hearing
whenever a hearing may clarify issues involved in a permit decision.
(iv) The public comment period shall
automatically extend to the close of any hearing. The Administrator may also
extend the comment period by so stating at the hearing.
(f) The Director shall render a decision on
the draft permit within sixty (60) days after completion of the public comment
period if no hearing is held. If a hearing is held, the Director shall make a
decision on any Department hearing as soon as practicable after receipt of the
transcript or after the expiration of the time set to receive written
comments.
(g) At the time a final
decision is issued, the Administrator shall respond in writing to comments
received during the public comment period or during the hearing held by the
Department. This response shall:
(i) Specify
any changes that have been made to the permit and the reasons for the changes;
and
(ii) Briefly describe and
respond to all comments stating a technical or regulatory concern that is
within the authority of the Department to regulate.
