020-24 Wyo. Code R. §§ 24-27 - Public Participation, Public Notice and Public Hearing Requirements

(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.

Notes

020-24 Wyo. Code R. §§ 24-27

Adopted, Eff. 10/5/2021.