THE STATE OF WYOMING ENVIRONMENTAL QUALITY COUNCIL AGENDA
CHANGE IN MEETING DATE THE MARCH MEETING WILL ONLY BE HELD ON THE 2ND DAY OF MARCH 2016. NOT THE 1ST AND 2ND. THERE WAS INSUFFICIENT BUSINESS TO BE HANDLED TO FILL TWO DAYS.
THE MEETING WILL BE HELD ON THE 2nd DAY OF MARCH, 2016 THE MEETING WILL BE HELD in Room 1699 of the Herschler Building, 122 West 25th St. Cheyenne WY 82002. The meeting will convene at 9:00 a.m.
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.
CALL TO ORDER - Introduction of Council Members & Staff
CASE UPDATES
Torrington Livestock 11-3204A Docket 11-3204A Operating Torrington Livestock sale barn and facilities without authorization under a WYPDES Confined Animal Feeding Operation (CAFO) permit including the development and implementation of a Nutrient Managment Plan (NMP) as required under WY Water Quality Rules and Regulations (WQRR). DEQ has completed an inspection of the facility and, based on the information collected, a permit for operation is deemed necessary for future operations at this facility.
APPROVAL OF NOVEMBER 19, 2015 MINUTES
FINAL HEARING / PUBLIC HEARING
March 2, 2016 9:00 a.m. LQD Coal Chapter 14 16-4101 Docket 16-4101 Proposed revisions to LQD Coal Chapter 14 - Coal Exploration by Drilling.
March 2nd, 2016 at 1:30 p.m. Rules of Practice and Procedure for EQC Chapter 1 Docket 16-2101 The proposed rulemaking will involve revising the EQC Rules of Practice and Procedure Chapter 1, General Provisions, with the addition of Section 16, titled Air Quality Division, State Implementation Plan. . The proposed addition ensures that the Environmental Quality Council remains in compliance with Section 128 of the Clean Air Act. Upon promulgation, this rule revision will be submitted to the Environmental Protection Agency for inclusion in the Wyoming State Implementation Plan. This revision will not impact any of DEQ’s other Divisions.
CONSENT AGENDA
NOTICE OF VIOLATION AND ORDER
In Re Welty's Alta K. Living Trust Docket 15-5207 Sites where tanks have been removed or abandoned in accordance with any government regulations effective at the time of abandonment may become eligible for use of corrective action account monies if the person who owns the site pays a two hundred dollar ($200.00) annual fee per site ... " Further, W.S. § 35-11-1425(b) of the Wyoming Environmental Quality Act states, "On April 1 of each year the department may assess a late payment fee of one hundred dollars ($100) per tank or contaminated site against any owner who has not paid the annual fee ... "
In Re Barb's Conoco Docket 15-5209 Sites where tanks have been removed or abandoned in accordance with any government regulations effective at the time of abandonment may become eligible for use of corrective action account monies if the person who owns the site pays a two hundred dollar ($200.00) annual fee per site ... " Further, VV.S. § 35-ll-1425(b) of the Wyoming Environmental Quality Act states, "On April 1 of each year the department may assess a late payment fee of one hundred dollars ($100) per tank or contaminated site against any owner who has not paid the annual fee ...
In RE Tie Siding General Store Docket 15-5208 Sites where tanks have been removed or abandoned in accordance with any government regulations effective at the time of abandonment may become eligible for use of corrective action account monies if the person who owns the site pays a two hundred dollar ($200.00) annual fee per site ... " Further, W.S. § 35-11-1425(b) of the Wyoming Environmental Quality Act states, "On April 1 of each year the department may assess a late payment fee of one hundred dollars {$100) per tank or contaminated site against any owner who has not paid the annual fee ... "
In Re City West Docket 15-5211 The City of Gillette owns City West, located at 611 North Exchange Avenue, Gillette, Wyoming. The facility has two underground storage tanks (USTs). The USTs were installed on May 31, 1995, and a minimum site assessment (MSA) has not been performed. Failure to perform an MSA at sites where the tanks are between 18 and 20 years old is a violation of Wyoming Water Quality Rules and Regulations, Chapter 17.
In Re Mountain Construction Docket 15-3203 Mountain Construction Company (Mountain) has received authorization under the WYPDES Large Construction General Permit (LCGP) WYR105125 for construction to occur along Wyoming Highway 130 from Walcott Junction to Saratoga, Wyoming. On June 17, 2015 the Wyoming Department of Environmental Quality (DEQ}, Water Quality Division (WQD) conducted an inspection of the above referenced project. During the inspection it was noted there was a discharge of concrete processed waste water, milky in color with a chemical smell, discharging from the bridge crossing the North Platte River (Class I water) directly Into the river via drain pipes from the bridge deck. Wastewater produced from concrete production or concrete washout Is considered "pollution" as defined in w.s. 35-11-103 (c)(i). The discharges referenced above entered "waters of the state" as defined under W.S. 35-11-103 (c)(vl) through authorized discharge points. By discharging pollution into waters of the state, Mountain is in violation of W.S. 35-11-301 (a)(l) and Chapter 2 of the Wyoming Water Quality Rules and Regulations which state that no person, except when authorized by a permit issued by the Department of Environmental Quality, shall cause, threaten, or allow the discharge of any pollution or wastes into the waters of the state.
ADMINISTRATIVE ORDER ON CONSENT
Town of Wheatland 10-5907 Docket 10-5907 Submittal of a permit renewal application is required at least 180 days prior to expiration of the current permit. The permit for the Townof Wheatland landfill expired onSeptember 1, 2010, and a renewal or closure permit appliction has not been submitted. Therefore, the landfill is currently being operated without a valid permit. The Town has notified the DEQ that it plans to close its landfill and transfer waste to another permitted, but currently unspecified, disposal facility and needs additional time to prepare a closure permit application. Case was closed on 01/18/2012 and re-opened on 12/20/2013. Case reopened 04/06/2014 to modify AOC
Central Weston County Solid Waste Disposal District 16-5901 Docket 16-5901 An Administrative Order on Consent entered into between the DEQ Solid Waste Division and the Central Weston County Solid Waste District
Town of Manville 15-5907 Docket 15-5907 House Bill 0066, commonly referred to as the Cease and Transfer bill, was enacted by the Wyoming legislature in the 2013 general session. Under this bill Wyoming Statutes (W.S.) 35-11-528 through W.S. 35-ll-532 were enacted enabling municipal solid waste (MSW) facility operators to receive funds to assist in the building of MSW transfer stations and for closure of small landfills. To be eligible for funding, operators must enter into a Memorandum of Agreement (MOA) with the Wyoming Department of Environmental Quality (DEQ), Solid and Hazardous Waste Division (SHWD); implement and revise the community's solid waste management plan; cease disposal of all MSW streams at the closing facility; and confonn with applicable statutes (cited above).
City of Douglas 15-5906 Docket 15-5906 House Bill 0066, commonly referred to as the Cease and Transfer bill, was enacted by the Wyoming legislature in the 2013 general session. Under this bill, Wyoming Statutes (W.S.) 35-11-528 through W.S. 35-11-532 were enacted enabling municipal solid waste (MSW) facility operators to receive funds to assist in the building of MSW transfer stations and for closure of small landfills. To be eligible for funding, operators must enter into a Memorandum of Agreement (MOA) with the Wyoming Department of Environmental Quality (DEQ), Solid and Hazardous Waste Division (SHWD); implement and revise the community's solid waste management plan; cease disposal of all MSW streams at the closing facility; and conform with applicable statutes (cited above).
Town of Lusk 15-5904 Docket 15-5904 THIS AOC IS LOCATED IN THE 2015 NOV & ORDER FOLDER. The AOC purpose is to establish a schedule for the Town to take specific actions related to its enrollment in the Cease and Transfer Program.
Ten Sleep Solid Waste District 16-5902 Docket 16-5902 The MOA requires the operator to enter into an Administrative Order on Consent (AOC) with the DEQ within 180 days from the effective date of the MOA. The AOC is an agreement between the DEQ and the Ten Sleep Solid Waste Disposal District (District) issued for the purpose of establishing a schedule for the District to take specified actions to maintain compliance with solid waste regulations and with the MSW Cease and Transfer Program requirements.
In Re Lincoln County Thayne Transfer Station Landfill Docket 16-5903 House Bill 0066, commonly referred to as the Cease and Transfer bill, was enacted by the Wyoming legislature in the 2013 general session. Under this bill, Wyoming Statutes (W.S.) 35-11-528 through W.S. 35-11-532 were enacted enabling municipal solid waste (MSW) facility operators to receive funds to assist in the building of MSW transfer stations and for closure of small landfills. To be eligible for funding, operators must enter into a Memorandum of Agreement (MOA) with the Wyoming Department of Environmental Quality (DEQ), Solid and Hazardous Waste Division (SHWD); implement and revise the community's solid waste management plan; cease disposal of all MSW streams at the closing facility; and conform with applicable statutes (cited above).
In Re City of Rawlins Municipal Solid Waste Landfill Docket 16-5904 Administrative Order on Consent between the DEQ Solid Waste Division and the City of Rawlins for closure of Rawlins Municipal Solid Waste Landfill.
In Re Rock River Docket 16-5905 Administrative Order on Consent for the #2 Landfill for Rock River Wy.
APPROVAL OF ORDER
Request for Rulemaking to allow for electronic comments Docket 15-1101 The Powder River Resource Council filed a request with the Council to promulgate a rule for the DEQ allowing for the filing of Electronic Comments.
Pathfinder Mines Docket 00-5402 This case was an appeal of DEQ's decision regarding Pathfinder's plan to use it's Shirley Basin uranium mill tailings impoundment in Carbon County, Wyoming, which is licensed by the U.S. Nuclear Regulatory Commission (NRC) (SUA-442), for disposal of §II.e.(2) byproduct material from specified uranium in-situ leach (ISL) operations. This matter is back before the council for approval of the 6th amendment to the settlement agreement.
OTHER BUSINESS
Upon conclusion of hearing in 16-2101 Introduction of Division Administrator Nancy Vehr, Air Quality Division
Election of Officers If time allows we will have the election of officers at the end of the meeting on March 2, 2016.
ADJOURN In accordance with the Americans with Disabilities Act, special assistance or alternate formats will be made available upon request for individuals with disabilities.