(a) In addition to the requirements of W.S. § 35-11-406(g), (j), and (k) and Chapter 7, public notice for actions related to in situ permits or Research and Development Licenses, except permit or license revocation, shall be given by the following methods: - (i) All public notices issued under this Section shall contain the following:
- (A) Name and address of the office processing the permit action for which notice is being given;
- (B) Name and address of the operator and, if different, of the facility or activity regulated by the permit;
- (C) A brief description of the business conducted at the facility or activity;
- (D) Name, address, and telephone number of a person from whom interested persons may obtain further information;
- (E) A brief description of the comment procedures, including a statement of procedures to request a hearing or, if a hearing has already been scheduled, the time and place of that hearting, and other procedures by which the public may participate in the final permit decision; and
- (F) Any additional information considered necessary or proper.
- (ii) The Administrator shall mail a copy of the notice to the following persons (any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice for any classes or categories of permits):
- (A) Any other agency (including EPA when the draft permit is prepared by the State) which the Administrator knows has issued or is required to issue a permit for the same facility or activity under the following programs:
- (I) Resource Conservation and Recovery Act (RCRA);
- (II) Underground Injection Control (UIC);
- (III) Prevention of Significant Deterioration (or other permit requirement under the Clean Air Act;
- (IV) National Pollution Discharge Elimination System (including sludge management permits); and
- (V) Section 404 of the Clean Water Act.
- (B) Federal and State agencies with jurisdiction over fish, shellfish, wildlife resources, the Advisory Council on Historic Preservation, State Historic Preservation Officers, including any affected Indian Tribes, and the Wyoming Oil and Gas Conservation Commission.
- (C) Persons on a mailing list developed by including:
- (I) Those who request in writing to be on a list;
- (II) Soliciting persons for "area lists" from participants in past permit proceedings in that area and;
- (III) Persons notified of the opportunity to be put on the mailing list through periodic publication in the public press. The Administrator may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Administrator may delete from the list the name of any person who fails to response to such a request.
- (D) Any unit of local government having jurisdiction over the area where the facility is proposed to be located.
- (E) Each State agency having any authority under State law with respect to the construction or operation of such a facility.
- (iii) In addition to mailing a copy of the public notice, the Administrator shall mail or electronically transfer a copy of the fact sheet, permit application or draft permit to the following persons:
- (B) Any other agency (including EPA when the draft permit is prepared by the State) which the Administrator knows has issued or is required to issue a permit for the same facility or activity under the following programs:
- (I) Resource Conservation and Recovery Act (RCRA);
- (II) Underground Injection Control (UIC);
- (III) Prevention of Significant Deterioration (or other permit requirement under the Clean Air Act;
- (IV) National Pollution Discharge Elimination System (including sludge management permits); and
- (V) Section 404 of the Clean Water Act.
- (C) Federal and State agencies with jurisdiction over fish, shellfish, wildlife resources, the Advisory Council on Historic Preservation, State Historic Preservation Officers, including any affected Indian Tribes, and the Wyoming Oil and Gas Conservation Commission.
- (iv) To supplement the required methods of public notice listed above, public notice can also be given by any other method reasonably affected by it, including press releases or any other forum or medium to elicit public participation.
(b) Objections may be filed in accordance with W.S. § 35-11-406(k), which objections shall list one or more reasons for denying the permit or Research and Development Testing License revision application as set out in W.S. § 35-11-406(m). If such written objections are filed, a public hearing shall be held in accordance with W.S. § 35-11-406(k) and the requirements of this Chapter. In addition to the hearing notice requirements described in W.S. § 35-11-406(k), the public notice of a hearing shall contained the following information: - (i) Reference to the date of the previous public notices relating to the permit;
- (ii) Date, time and place of the hearing; and
- (iii) A brief description of the nature and purpose to the hearing, including the applicable rules and procedures.
(c) A decision on the application of the nature and purpose of the hearing, including the applicable rules and procedures. - (i) Within 30 days after completion of the notice period, if no hearing is requested; or
- (ii) If a hearing is requested:
- (A) The Environmental Quality Council shall issue findings of fact and make a decision on the application within 60 days after the final hearing; and
- (B) The Director will make a decision on the application within 15 days from receipt of any finds of fact and decision of the Council.
- (C) Be sent to the applicant and objectors, along with a copy of the Director's decision, and be available to the public.
- (iii) The Administrator will publish a summary of the decision in a newspaper of general circulation in the general area of the proposed operation.
(d) For permit or license revocation, all provisions of this Chapter shall apply, except that the Director shall cause notice of the revocation to be published.
020-18 Wyo. Code R. § 18-21
Adopted, Eff. 11/13/2018.