Major modifications, issuance, or reissuance of every draft permit; or where the administrator proposes to terminate coverage under an individual permit; or where the administrator proposes to conduct a public meeting in accordance with Section 16 of these regulations, the following procedures shall be used.
(a) Public notice. Public notice of every draft permit, public meeting being held pursuant to Section 16 of the regulations, or granting of an appeal shall be given in the following manner: - (i) In addition to the applicable provisions of Section 15(a) (ii) through (v), notice shall be circulated by one or more of the following methods:
- (A) For individual permits, posting in the post office and other public places of the municipality nearest the location(s) of the proposed discharge(s);
- (B) For individual permits, posting near the entrance to the applicant's premises;
- (C) For individual permits, publication in newspapers of general circulation in the locations of the proposed discharges;
- (D) For individual and general permits, publication in a newspaper with statewide distribution;
- (E) For general permits, publication in a newspaper with circulation in the geographic area defined in the general permit.
- (ii) For individual permits, where a proposed outfall would occur on property that is not owned by the applicant, a copy of the public notice will be provided to the owner of the property.
- (iii) For general permits, in accordance with applicable provisions of the general permit.
- (iv) For major permits, publication in a daily or weekly newspaper within the area affected by the facility or activity.
- (v) In addition to Section 15(a) (i) through (iv), publication on the Wyoming Department of Environmental Quality Internet Website (http://deq.state.wy.us).
- (vi) No public notice is required when a request for permit modification, revocation and reissuance, or termination, or coverage or modification under a general permit is denied.
- (vii) The applicant shall be mailed a copy of the fact sheet, which includes the public notice, a draft copy of the permit, and the statement of basis. The applicant will not be mailed a copy of the application materials, which is also part of the fact sheet.
- (viii) Notice shall be mailed to any person upon request, and the administrator shall upon request add the name of any person to a list of persons or parties designated to receive copies of public notices.
- (ix) The administrator shall provide a period of not less than 30 days following the date of public notice during which interested persons may submit their comments on draft permits.
- (x) The contents of the public notices for draft permits shall include the following:
- (A) Name, address, phone number, and internet address of the Water Quality Division;
- (B) For individual permits:
- (I) Names and addresses of the applicants;
- (II) A brief description of each activity or operation resulting in the discharge described in each application;
- (III) The name of the water course to which such discharge is made and a general description of the location of each outfall;
- (IV) A statement of the tentative determination to issue the permit;
- (C) For general permits:
- (I) A brief description of the activity or operation resulting in the discharges for which the permit will provide coverage and a description of effluent limitations and monitoring requirements that are being proposed;
- (II) A description of the geographic area covered by the general permit.
- (D) The end date of the 30 day comment period; and
- (E) A statement that a copy of the draft permit, fact sheet (if prepared), and other information is available at the address specified in paragraph (A) above.
- (xi) The contents of a public notice announcing a public meeting shall be in accordance with Section 16(c) of these regulations.
(b) Minor facilities. For every minor facility, the administrator shall prepare a statement of basis to accompany the draft permit. The statement of basis, draft permit and permit application shall be available for public inspection during the public comment period.
(c) Major facilities. For every major facility, the administrator shall prepare and, following public notice, shall make available, to any person so requesting, a fact sheet with respect to the application described in the notice. The administrator shall also add the name of any person so requesting to a list of those parties or persons designated to be given notice of fact sheets published, and such fact sheet shall consist of, at a minimum, the statement of basis and application, including the following information when applicable: - (i) A sketch or description of the discharge described in the permit application;
- (ii) A quantitative description of the discharge which shall include the rate or frequency of discharge, the average summer and winter temperatures, and the average daily discharge in pounds per day and/or kilograms per day of any types of waste in the discharge;
- (iii) Any tentative determinations reached by the administrator concerning the application;
- (iv) A brief citation of any water quality standards and effluent standards that apply to the proposed discharge;
- (v) A comprehensive description of the procedures for formulating a final decision with respect to the application including;
- (A) The beginning and ending dates of the public comment period and the address where comments will be received;
- (B) Procedures for requesting a meeting and the nature of that meeting; and
- (C) Any other procedures by which the public may participate in the final decision.
- (vi) Any calculations or other necessary explanation of the derivation of specific effluent limitations and conditions, including a citation to applicable efflue nt guidelines or performance standards and reasons why they are applicable or an explanation of how alternative effluent limitations were developed.
- (vii) For permits to be issued to a treatment works owned by a person other than a state or municipality, an explanation of the administrator's decision to issue a permit with no conditions applicable to any user, to impose conditions on one or more users, to issue separate applications, and the basis for that decision.
- (viii) When the draft permit contains any of the following conditions, an explanation of the reasons that such conditions are applicable:
- (A) Limitations to control toxic pollutants;
- (B) Limitations on internal waste streams;
- (C) Limitations on indicator pollutants;
- (D) Limitations set on a case-by-case basis;
- (E) Limitations to meet the criteria for permit issuance; or
- (F) Waivers from monitoring requirements.
- (ix) Reasons why any requested variances or alternatives to required standards do or do not appear justified.
- (x) Justification for waiver for any application requirements where such a waiver is allowed under the provisions of these regulations.
(d) Governmental agency mailing list. The following governmental agencies shall be inc luded on a mailing list for receipt of fact sheets unless such agency requests not to be included on the mailing list, and each will be provided an opportunity to comment upon the draft permit(s). - (i) United States Environmental Protection Agency.
- (ii) Second Coast Guard District.
- (iii) United States Bureau of Reclamation.
- (iv) Natural Resources Conservation Service.
- (v) United States Forest Service.
- (vi) United States Bureau of Land Management.
- (vii) United StatesFish and Wildlife Service.
- (viii) United States Army Corps of Engineers.
- (ix) Wyoming Game and Fish Department.
- (x) Wyoming Oil and Gas Conservation Commission.
- (xi) Wyoming State Historic Preservation Office.
- (xii) Wyoming State Engineer.
- (xiii) Any other state or federal agency requesting to be placed on the mailing list.
(e) Notification to affected states. Any state whose waters may be affected by the issuance of a permit shall be provided with a copy of the public notice and any other relevant documents that are requested. Each state whose waters may be affected shall be afforded an opportunity to comment on the draft permit, and the administrator shall take these comments into account in preparing the final permit, or the administrator shall provide the affected state, and the Regional Administrator of the EPA, a written explanation of his reasons for failing to accept any of the comments.
(f) Written comments request for public meeting. During the public comment period provided in paragraph (a) (v) of this section, any interested person may submit written comments on a draft permit and may request a public meeting. A request for public meeting shall be made in writing in accordance with Section 16.
(g) Response to comments. Before a final permit decision is considered, the administrator shall prepare a response to comments which is subject to the following conditions: - (i) A response to all comments received within the time frame specified in paragraph (b) (v) of this Section shall be prepared and provided to the parties submitting comments;
- (ii) The response shall specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and
- (iii) The response shall provide the reasons why any comments did not result in a change to the draft permit; and
- (iv) The response to comments shall be made available to the public; and
- (v) Responses to comments from other governmental agencies shall be addressed in accordance with 40 CFR 124.59.
(h) Alternative effluent limitations. Public notice for any request made under Appendix M of these regulations shall include the following: - (i) A statement that the thermal component of the discharge is subject to effluent limitations under Sections 301 or 306 of the CWA and a brief description, including a quantitative statement, or the thermal effluent limitations proposed under Sections 301 or 306;
- (ii) A statement that an Appendix M request has been filed and that alternative less stringent effluent limitations may be imposed on the thermal component of the discharge under Appendix M and a brief description, including a quantitative statement, of the alternative effluent limitations, if any, included in the request; and
- (iii) If the applicant has filed an early screening request under Appendix M of these regulations, a statement that the applicant has submitted such a plan.
020-2 Wyo. Code R. § 2-15