020-1 Wyo. Code R. § 1-34
The administrator shall review all petitions submitted under Section 33 of these regulations and make a determination based upon the technical merits of the use attainability analysis. Public notice and opportunity for comment shall be provided prior to making this determination.
(a) Any changes in water classifications or use designations resulting from the administrator's determination shall be submitted to EPA for approval as revised water quality standards for Clean Water Act purposes and shall become effective either upon EPA approval or 90 days after submittal, whichever comes first. If within 90 days of submittal, the EPA determines that any such revised or new standard is not consistent with the applicable requirements of the Clean Water Act and specifies the changes needed to meet such requirements, the administrator may consider EPA's recommendations and publish a revised final determination. All determinations made under this subsection are considered final actions of the administrator and may be appealed pursuant to Chapter 1, Section 16 of the Rules of Practice and Procedure.
(b) Except for ambient-based criteria on effluent dependent waters, proposed changes in water quality criteria that result from the administrator's findings shall be recommended to the council for adoption as revised rules. Ambient-based criteria for effluent dependent waters shall be established according to the provisions of Section 36 of these rules. If adopted by the council, the revised rules shall be filed with the secretary of state and shall become effective 90 days after filing. The revised rules shall also be concurrently submitted to EPA for approval as revised water quality standards for Clean Water Act purposes. If within 90 days of submittal, the EPA determines that any such revised or new standard is not consistent with the applicable requirements of the Clean Water Act and specifies the changes needed to meet such requirements, the department may recommend a new standard incorporating EPA's specifications to the council for adoption.
020-1 Wyo. Code R. § 1-34
Amended, Eff. 4/24/2018.