Wyoming Environmental Quality Council
November 17, 18 2016
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THE STATE OF WYOMING ENVIRONMENTAL QUALITY COUNCIL AGENDA
THE MEETING WILL BEGIN AT 8:45 a.m on November 17, 2016
The meeting will be held in Room 1699, Herschler Building West, 122 West 25th St. Cheyenne WY 82009
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
APPROVAL OF September 28 2016 Minutes
9:00 a.m. Nov. 17, 2016 Rulemaking for Solid Waste Division
Revising the Solid Waste Rules and Regulations by updating and streamlining Chapters 1 and 2 and repealing Chapters 9 and 15
1:30 p.m. November 17 DEQ Air Quality Annual Rules amendments due to federal amendments
The proposed rulemaking will involve revising WAQSR Chapter 2, Sections 6 and 12; Chapter 3, Section 9; Chapter 4, Section 6; Chapter 5, Section 2 and 4; Chapter 6, Sections 3, 4, and 14; Chapter 7, Section 3; Chapter 8, Section 10; and Chapter 11, Section 2. Sections being updated to adopt by reference from the Code of Federal Regulations (CFR) for July 1, 2016 include: Chapter 2, Ambient Standards, Section 12, Incorporation by reference; Chapter 3, General Emissions Standards, Section 9, Incorporation by reference; Chapter 4, State Performance Standards for Specific Existing Sources, Section 6, Incorporation by reference; Chapter 5, National Emission Standards, Section 4, Incorporation by reference; Chapter 6, Permitting Requirements, Section 14, Incorporation by reference; Chapter 8, Nonattainment Area Regulations, Section 10, Incorporation by reference; and Chapter 11, National Acid Rain Program, Section 2, Acid rain program. Chapter 2, Ambient Standards, Section 6, Ambient standards for ozone, will be updated to include the latest ozone National Ambient Air Quality Standards. Additional updates to Chapter 3, General Emission Standards, Section 3, Emission standards for nitrogen oxides, involve a minor revision correcting an inconsistency regarding internal combustion engines. Additional updates to Chapter 5, National Emission Standards, Section 2, New source performance standards, involve incorporating 40 CFR part 60, subparts OOOO, OOOOa and TTTT into the WAQSR by reference from the CFR. Additional updates to Chapter 6, Permitting Requirements, Section 3, Operating permits and Chapter 7, Monitoring Regulations, Section 3, Compliance assurance monitoring, involve proposed revisions reflecting the Supreme Court's decision in UARG v. EPA, 134 S. Ct. 2427 (2014). Chapter 6, Section 3, and Section 4, Prevention of Significant Deterioration, and Chapter 7, Section 3, will be updated to remove an outdated Federal Register reference in the definition of “tpy CO2 equivalent emissions (CO2e).” Chapter 6, Section 7, Clean air resource allocation expiration, was updated to replace a direct reference to Chapter III of the Rule of Practice and Procedure of the Department with a general reference. The Division contact information will be updated in Chapters 3, 4, 5, and 11. Chapter 2, Sections 2 and 12, Chapter 3, Section 9, Chapter 6, Sections 4 and 14, and Chapter 8, Section 10 involve revisions to the State Implementation Plan (SIP). The Division will submit these SIP revisions to the Environmental Protection Agency.
NOTICE OF VIOLATION AND ORDER
In Re John Larson
The inspections revealed the following violation of the Wyoming SWRR: Count 1: SWRR, Chapter 1, Section 1 (h), which prohibit open dumping of solid waste. Because Mr. Larson is accumulating scrap tires, he is operating a solid waste management facility. Permits are required to operate solid waste management facilities. Mr. Larson has not received a permit to operate a solid waste management facility or an exemption to allow him to accumulate scrap tires Because Mr. Larson's facility is subject to the permitting requirements of the SWRR, but he has not obtained a permit to operate a solid waste management facility, the large accumulation of scrap tires meets the definition of an "open dump" and therefore is a violation of SWRR, Chapter 1, Section 1(h).
ADMINISTRATIVE ORDER ON CONSENT
In Re Department of Energy AOC
AOC regarding the Department of Energy Industrial Landfill #2 at the former Naval Petroleum Reserve Number 3 near Casper WY.
APPROVAL OF ORDER
In Re Brook Mine Application
Brook Mining Company LLC could not obtain consent from two surface owners of land involved in their permit to mine coal. Brook filed a petition with the Council for an Order in Lieu of Consent.
Big Valley Crossed Arrows Improvement District
BVCA appealed the decision of the WQDEQ that BVCA was responsible for the sewer system at the Crossed Arrows mobile home park. The WQD identified the sewer system as a risk for cross contamination of the potable water supply system of the BVCA.
In Re Alchem Mine
Tata requests an expedited hearing with the EQC and request that an order be issued in lieu of consent in order to move forward with our mining efforts. Suspension of the mining will be a financial hardship on Tata and will mean that the efforts to date will be wasted. The proposed mining expansion will occur underground and not disturb the surface operations of the owners and the heirs of Marvin K. Hodges. Tata is requesting that the order be issued in lieu of surface owner consent based on the deed which is a legally binding agreement the surface owners entered with Uinta Development Company.
In accordance with the Americans with Disabilities Act, special assistance or alternate formats will be made available upon request for individuals with disabilities.