020-24 Wyo. Code R. §§ 24-4 - Processing Permits

(a) The following permit processing procedures are applicable to all Class VI permits:
(i) The applicant shall submit the permit application to the Division in a format required by the Administrator.
(ii) Within sixty (60) days of submission of an application, the Administrator shall make an initial determination of completeness. An application shall be determined complete when the Administrator receives an application and any supplemental information necessary to determine compliance with this Chapter. The completeness of any application for a permit shall be judged independently of the status of any other permit application or permit for the same facility or activity.
(iii) Re-submittal of information by an applicant for an incomplete application will restart the process described in this Section.
(iv) At the end of any 60-day review period where an application is determined complete, the Administrator shall:
(A) Prepare a draft permit for issuance or denial;
(B) Prepare a fact sheet on the proposed operation;
(C) Provide public notice pursuant to Section 27 of this Chapter; and
(D) Notify in writing, the contacts, for any states or Tribes provided pursuant to Section 10(b) (xxxvi) of this Chapter.
(b) If the Director intends to modify, terminate, revoke, or reissue a permit, the Administrator shall prepare a draft permit incorporating the proposed changes and provide public notice pursuant to Section 27 of this Chapter.
(c) If the Director tentatively decides to deny the permit application, he or she shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit that follows the same procedure as any draft permit prepared under this section. If the Director's final decision is that the tentative decision to deny the permit application was incorrect, he or she shall withdraw the notice of intent and proceed to prepare a draft permit under this section.
(d) Prior to issuing a permit for a Class VI well, the Director shall consider:
(i) The final area of review based on modeling, using data obtained during logging and testing of the well and the formation as required by subparagraphs (b)(xviii), (b)(xix), (b)(xxvii), and (b)(xxviii) of Section 10 of this Chapter;
(ii) Any relevant updates, based on data obtained during logging and testing of the well and the formation as required by subparagraphs (b)(xviii), (b)(xix), (b)(xxvii), and (b)(xxviii) of Section 10 of this Chapter, to the information on the geologic structure and hydrogeologic properties of the proposed storage site and overlying formations, submitted to satisfy the requirements of subparagraph (b)(xi) of Section 10 of this Chapter;
(iii) The results of the formation testing program required by subparagraph (b)(xix) of Section 10 of this Chapter;
(iv) Final injection well construction procedures that meet the requirements of Section 14 of this Chapter;
(v) Any updates to the proposed area of review and corrective action plan, testing and monitoring plan, injection well-plugging plan, post-injection site care and site closure plan, or the emergency and remedial response plan submitted under Section 10(b) of this chapter that are necessary to address new information collected during logging and testing of the well and the formation as required by Section 10 of this Chapter.
(e) Permits may be modified, revoked and reissued, or terminated either in response to a petition from any interested person (including the permittee) or upon the Administrator's initiative.
(i) All petitions to modify, revoke and reissue, or terminate a permit shall be in writing and shall contain facts or reasons supporting the request.
(ii) If the Administrator decides a petition to modify, revoke and reissue, or terminate a permit is not justified, the Administrator shall send the petitioner a brief written response giving the reason for the decision. A petition for modification, revocation and reissuance, or termination shall be considered denied if the Administrator takes no action within sixty (60) days after receiving the written request.
(iii) Denials of petitions for modification, revocation and reissuance, or termination are not subject to public notice and comment.
(f) The Administrator shall review each permit at least once every five (5) years to determine whether it should be modified, revoked and reissued, or terminated.

Notes

020-24 Wyo. Code R. §§ 24-4
Amended, Eff. 7/25/2016. Amended, Eff. 1/7/2020. Amended, Eff. 10/5/2021.

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