THE STATE OF WYOMING ENVIRONMENTAL QUALITY COUNCIL AGENDA
The agenda may be amended at anytime, up to 24 hours prior to the meeting. Emergency items can be added at any time. Agenda items that do not have a specific time indicated can be taken up by the Council at any time.
PLACE OF MEETING
The meeting will be held at 9:00 a.m. at the Hathaway Building, Room 124, 2300 Capitol Ave, Cheyenne, WY
The meeting will be held in person and by Google Meet video conferencing.

Wednesday, October 23, 2024 · 9:00am– 5:00pm
Time zone: America/Denver
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Video call link: https://meet.google.com/nfk-vxsv-dcm
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CALL TO ORDER
APPROVAL OF MINUTES
August 6, 2024 Meeting
RULEMAKING HEARINGS - 9:00 a.m.
R-37: WDEQ-AQD Rule Package Ch. 2, 3, 4, 5, 6, 8, 11, 14
Docket 24-2101 In this proposed rulemaking, the Division is: 1.) Updating the date of incorporation of the Code of Federal Regulations in the Incorporation by Reference sections of all of the listed chapters to July 1, 2024. If the State does not adopt the most recent versions of these sections by reference, the rules still apply at the federal level. Adopting these national standards into the State rules allows for State implementation of the rules. 2.) Proposing revisions to Chapter 2, Section 2, Ambient Standards for Particulate Matter, to update the PM2.5 primary annual standard so it reflects the newly promulgated 2024 PM2.5 National Ambient Air Quality Standards (NAAQS). 3.) Proposing revisions to Chapter 5, Section 2, New Source Performance Standards, to incorporate 40 CFR Part 60, subpart UU, which pertains to standards of performance for asphalt processing and asphalt roofing manufacture and storage, and 40 CFR Part 60, subpart OOOOb, which pertains to standards of performance for crude oil and natural gas facilities that commenced construction, modification, or reconstruction after December 6, 2022. The revisions incorporating these subparts apply to sources located in the State of Wyoming. 4.) Proposing revisions to Chapter 6, Section 3, Operating permits, that remove the Title V Affirmative Defense provisions from subsection (l), per a U.S. Court of Appeals for the D.C. Circuit ruling. 5.) Proposing revisions to Chapter 6, Section 4, Prevention of significant deterioration, that remove the PM2.5 Significant Impact Levels from subsection (b)(i)(A)(I)(1.). 6.) Proposing revisions to Chapter 6, Section 14, Incorporation by reference, to match the language of other IBR sections in the WAQSR that were updated previously in the R-35 rulemaking package that became State-effective on April 30, 2024. 7.) Proposing two minor, non-substantive typographical revisions in Chapter 3 and Chapter 14. The proposed revisions to Chapter 2, Section 12, Chapter 3, Section 9, Chapter 6, Sections 4 and 14, and Chapter 8, Section 10 involve changes to the Wyoming State Implementation Plan (SIP). The Division will submit these SIP revisions to the Environmental Protection Agency after the rules are State effective.
LQD Coal Chapter 14 - Exploration for Coal by Drilling
Docket 24-4101 LQD is proposing to amend Coal Chapter 14 - Exploration for Coal by Drilling in response to an October 24, 2023 Concern Letter from the Office of Surface Mining Reclamation and Enforcement which noted several deficiencies with a previously submitted LQD formal program amendment.
LQD URP Chapter 4 - Licensing Requirements for Source and Byproduct Material
Docket 24-4102 The LQD is proposing to revise Uranium Recovery Program Chapter 4 to increase the term of a license from 10 years to 20 years in length.
LQD Source Material Program Rules - Chapters 1 through 9
Docket 24-4103 The LQD is proposing nine new chapters of rules to become an agreement state with the Nuclear Regulatory Commission for the regulation of source material in response to 2023 House Bill 0061 which granted LQD authority to draft rules to implement the agreement.
CONTESTED CASE HEARING - Motions to Dismiss 1:00 p.m.
In Re Protect Our Water Jackson Hole
Docket 23-3801 Petitioner requests the Council reverse and vacate decision by DEQ/WQD to issue Permit No. 2023-025; to stay the construction and operation of septic facility; and/or to require adequate monitoring to ensure detection and knowledge of migration and behavior of the pollution or wastes
CONTESTED CASE HEARING - Final Deliberations 2:00 p.m.
In re: Black Hills Bentonite Permit to Mine No. 248C Murphy Creek Update Area
Docket 24-1601 Black Hills Bentonite seeks an Order in Lieu of Consent for revised mining plans to Permit to Mine No. 248C - Murphy Creek Update Area.
ADMINISTRATIVE BUSINESS
Items that are not on the agenda which only involve administrative issues governing the operations of the Council.
EXECUTIVE SESSION
The Council may call an Executive Session at any time during the meeting.
ADJOURN
In accordance with the Americans with Disabilities Act, special assistance or alternate formats will be made available upon request for individuals requiring accommodation.