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CHAPTER 5 - DEQ RULES OF PRACTICE AND PROCEDURE, ATTORNEYS FEES Hearing held Oct. 22, 1992. Statement of Principal Reasons for Adoption signed December 17, 1992 by John Darrington. Statement of Principal Reasons for Adoption of Emergency Rule signed October 30, 1992 by Fred Carr, Hearing Examiner. Tape transcription by DEQ (no copy supplied to EQC). 49.2
CHAPTER 3 & 7, DEQ RULES OF PRACTICE AND PROCEDURE. Hearing held on December 14 & 15, 1993. Chapter 7 (Rare or Uncommon Designation) signed December 27, 1993 by Vince Lee. Tape transcription. (3 files) 49.2
CHAPTER V - PETITION FOR AWARE OF COST & EXPENSES, SECTION 2.A(3) & SECTION 2.A.(4). Hearing held on July 8, 1992. Statement of Principal Reasons for Adoption (permanent rule) signed October 29, 1992 by Harold Bergman. Statement of Principal Reasons for Adoption (Attorney’s Fees/Permanent Rule) signed October 29, 1992 by Harold Bergman. Tape Transcription by DEQ.
CHAPTER VIII, DEQ RULES OF PRACTICE AND PROCEDURE, SMALL BUSINESS VOLUNTARY DISCLOSURE INCENTIVE: This hearing was held on April 18, 1997 in Rock Springs. This proposed rule will establish requirements for the DEQ to waive penalties against small businesses that voluntarily disclose environmental non-compliance or discover violations through compliance assistance or outreach seminars, and then, correct those violations in accordance with the proposed rule. The Statement of Principal Reasons for Adoption was signed by John Morris on April 30, 1997.
REVISION OF CHAPTER VIII, SMALL BUSINESS VOLUNTARY DISCLOSURE INCENTIVE: This hearing was held on October 13, 1997 in Gillette, WY. The purpose of this hearing is to amend Chapter VIII of the DEQ Rules of Practice and Procedure, Small Business Voluntary Disclosure Incentive. The amendment will exclude businesses that are major sources of hazardous air pollutants from the Small Business Voluntary Disclosure Incentive. This amendment is necessary for Wyoming’s air quality program to meet the minimum requirements of the federal Clean Air Act’s Title, Operating Permit Program. The Statement of Principal Reasons for Adoption was signed on October 13, 1997 by John Morris
Repeal of DEQ Rules Related to Travel Expenses and Information Practices, Docket No. 00-1100: On 10-13-2000, the DEQ Director requested a rulemaking hearing for a proposal to repeal rules concerning travel expenses and information practices. These rules are no longer applicable nor they are appropriate. It is no longer appropriate for DEQ to have DEQ now provide guidance to its employees on these procedures. Therefore, the DEQ proposed to repeal certain chapters under the Travel Expenses and Information Practices Programs. A hearing was held on 2-9-01. The EQC issued its Statement of Principal Reasons for Repeal filed 2-13-01.
CLASS 3 TO CLASS 4 WATER CLASSIFICATION OF PORTION OF MEADOW CREEK/JOHNSON COUNTY. Conoco requested the hearing and later withdrew. Parties agreed on the permit modification.
FANCHER OIL COMPANY, Surface Water Classification from Class 3 to Class 4. No hearing. Resolved.
Water Quality BEAVER CREEK RECLASSIFICATION, FROM CLASS 2 TO CLASS 3 SURFACE WATER. Hearing held on August 26, 1992. Fred Carr, Hearing Examiner. 2nd Statement of Principal Reasons for Adoption signed on June 24, 1994 by all Council members. The 1st Statement of Principal Reasons for Adoption was delayed in the approval.
Water Quality CHAPTER VIII - (Citizen petition/US Energy) - Hearing held August 15, 1991. Harold Bergman, Hearing Examiner. Petition to amend Chapter VIII, Section 4.d.(6). Statement of Principal Reasons for Adopting Proposed Amendment signed on April 10, 1992 by Harold Bergman.
Chapter 20 – Bard Ranch, Petition for Adoption of a New Rule, WQ Chapter 20 – Hearing 10-14-96: On 8-27-96, Bard Ranch petitioned the Council for adoption of a new rule to provide for the temporary suspension of issuance of permits for large concentrated swine feeding operations for one year from the effective date. Bard Ranch further stated that the temporary suspension will allow the legislature an opportunity to pass legislation in 1997 and for the DEQ to promulgate any new regulations necessary as a result of the legislation. The reasons for their petition are: The rapid growth and proliferation of relatively large scale swine production operations has raised a number of environmental and public health concerns; Swine feeding operations in Wyoming have been carried out on a relative small scale in locally-owned operations; Bard Ranch believes the current regulatory requirements do not adequately carry out the purposes of the Act when considering the impacts that re likely to arise from the siting, construction, operation and closure of large scale concentrated swine feeding operations; The DEQ, Game & Fish Dept., and the Interim Joint Agriculture Committee of the Wyoming Legislature have publicly acknowledge Wyoming’s regulatory deficiencies for large scale livestock operations. On 9-24-96, Bard Ranch petitioned the Council for an emergency rulemaking hearing. They claim that an emergency now exists. They stated that in light of the fact that despite DEQ’s recognition of flaws and deficiencies in Wyoming’s statutory scheme, DEQ published in the Platte County Record Time a Notice of Public Meeting and Intent to Issue Permit on 10-8-96. The emergency rule would add Chapter 20 to the rules, to allow the EQC to have hearings pursuant to the original petition and determine whether an additional one year moratorium is appropriate. The emergency rule hearing was held on 10-14-96 in Cheyenne. The record showed this was not adopted. Note: this hearing was court reported by Gus Hatanelas of Capitol Reporting Service. Mr. Hatanelas did not produce the transcript, he did not return the numerous phone calls made by EQC, nor did he answer all the e-mails and letters that were sent to him.
Water Quality Chapter 20, Permitting, Design and Operation Standards fpr Confined Swine Feeding Operations – a Petition from Bard Ranch: Hearings 1-21-97 & 11-10-98 The Council has accepted Bard Ranch petition to consider adopting a new chapter of the Water Quality rules & regs. This new chapter would be Chapter 20 and would contain a definition of the term "Large Concentrated Swine Feeding Operation." The proposed new chapter would impose a one year moratorium on issuance of permits related to large concentrated swine feeding operations. Bard Ranch contends that current laws are insufficient to adequately address the impacts of large concentrated swine operations and the moratorium should be imposed to allow the state legislature opportunity to consider legislation that will address these swine operations. Bard Ranch proposed rule would temporarily halt permitting to allow the legislature and the DEQ to review and revise, as necessary, statutes and regulations regarding large animal feeding operations. The hearing was held 1-21-97 in Cheyenne. This record was incorporated into the record of the emergency rulemaking that was heard on 10-14-96. The Statement of Principal Reasons was signed on 4-9-99.
Water Quality Amendments to Chapter 7, Surface Discharge of Water Associated with the Production of Oil & Gas, Docket No. 99-3102: On 7-2-99, the Petroleum Association of Wyoming petitioned the EQC to initiate rulemaking to amend the WQ Chapter 7. This chapter describes permit requirements for discharges of groundwater from oil and gas production facilities. These rules work in concert with the requirements contained in Chapter 2. Chapter 7 has been in effect since 1978. Some of the key issues are the consolidation of Chapters 2,7 and 10 into one chapter of rules. At the EQC’s public meeting on 9-13-99, it reviewed the record on file and stated in its Order that the petition for rulemaking should be accepted, that the proposed amendments should be reviewed by the WQAB and DEQ before proceeding to a hearing before the Council. The Council also added that the proposed amendment should be forwarded to WQD for public comment and that the administrator shall advise the Council of the WQAB’s recommendations on the proposed amendments. The Order was signed 1-20-00 and filed 1-21-00.
05-3102 Rulemaking, Chapter 2, Appendix H & I, - Sara Flitner, Hearing Examiner
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