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SF0085 • 2012

General permits.

AN ACT relating to administrative procedure; specifying that a general permit is not a rule under the Wyoming Administrative Procedure Act; specifying procedural requirements for general permits issued by the department of environmental quality; providing a definition; and providing for an effective date.

Land
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Minerals
Last action
2012-03-26
Official status
enrolled
Effective date
3/23/2012

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0085HW001

Committee of the Whole • GINGERY

Failed

Plain English: Failed Committee of the Whole by GINGERY

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0085HW002

Committee of the Whole • THRONE

Adopted

Plain English: Adopted Committee of the Whole by THRONE

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0085S3001

3rd reading • SCHIFFER

Adopted

Plain English: Adopted 3rd reading by SCHIFFER

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0085S3002

3rd reading • CASE

Failed

Plain English: Failed 3rd reading by CASE

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2012-03-26 LSO

    Assigned Chapter Number

  2. 2012-03-23 Governor

    Governor Signed SEA0059

  3. 2012-03-08 House

    H Speaker Signed SEA No. 0059

  4. 2012-03-08 Senate

    S President Signed SEA No. 0059

  5. 2012-03-08 LSO

    Assigned Number SEA0059

  6. 2012-03-08 House

    H Adopted SF0085JC01

  7. 2012-03-07 Senate

    S Adopted SF0085JC01

  8. 2012-03-06 House

    H Appointed JCC01 Members

  9. 2012-03-06 Senate

    S Appointed JCC01 Members

  10. 2012-03-06 Senate

    S Did Not Concur

  11. 2012-03-06 Senate

    S Received for Concurrence

  12. 2012-03-05 House

    H Passed 3rd Reading

  13. 2012-03-05 House

    H Reconsidered

  14. 2012-03-05 House

    H Failed 3rd Reading

  15. 2012-03-02 House

    H Passed 2nd Reading

  16. 2012-03-01 House

    H Passed CoW

  17. 2012-03-01 House

    H Amendments Adopted

  18. 2012-03-01 House

    Amendment Adopted

  19. 2012-03-01 House

    Amendment Failed

  20. 2012-02-24 House

    H Placed on General File

  21. 2012-02-24 House

    H09 Recommended Do Pass

  22. 2012-02-23 House

    H Introduced and Referred to H09

  23. 2012-02-23 House

    H Received for Introduction

  24. 2012-02-22 Senate

    S Passed 3rd Reading

  25. 2012-02-22 Senate

    Amendment Adopted

  26. 2012-02-22 Senate

    S Amendments Adopted

  27. 2012-02-22 Senate

    Amendment Adopted

  28. 2012-02-21 Senate

    S Passed 2nd Reading

  29. 2012-02-20 Senate

    S Passed CoW

  30. 2012-02-17 Senate

    S Placed on General File

  31. 2012-02-17 Senate

    S09 Recommended Do Pass

  32. 2012-02-16 Senate

    S Introduced and Referred to S09

  33. 2012-02-15 Senate

    S Received for Introduction

  34. 2012-02-14 LSO

    Bill Number Assigned

Official Summary Text

SF0085

Bill No.:

SF0085
Drafter:

MDO

LSO No.:
12LSO-0257
Effective
Date:

March 23,
2012

Enrolled Act No.:
SEA0059

Chapter No.:
CH0109

Prime Sponsor:
Joint Minerals, Business and
Economic Development Interim Committee

Catch Title:
General permits.

Subject:
Environmental Quality

Summary/Major Elements:

A general permit is a permit for a defined geographic area which
regulates the discharge or emission of certain defined categories of substances
into the environment.

To discharge or emit under a general permit, a regulated entity will
file a "notice of intent" with DEQ. DEQ will either issue an
"authorization" to emit or discharge or will deny authority to
discharge or emit under the general permit.

Currently, DEQ issues general permits to discharge under the Air
Quality provisions of Title 35, Chapter 11, Article 2 or the Water Quality
provisions of Title 35, Chapter 11, Article 3.

This act specifies that a general permit issued by the DEQ is not a
"rule" for purposes of the Wyoming Administrative Procedures Act.

Further provides that general permits shall be issued solely in
accordance with procedures set forth by regulation adopted by the EQC, which
shall include public notice and opportunity to commit on the general permits.

Authorizations to use general permits shall be available for public
comment for 30 days.

This act specifies that any aggrieved party may challenge the
authorization to discharge or emit under a general permit as provided in the
Environmental Quality Act.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0085

ENROLLED ACT NO. 59, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF WYOMING
2012 BUDGET SESSION

AN ACT relating to
administrative procedure
;

specifying
that a general permit is not a rule under the Wyomin
g
Administrative Procedure Act;
specifying procedural requirements for general permits issued by the department of environmental quality;
providing a definition;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S.
16
‑
3
‑
101(b)(ix
)
(G),
by creating
a new
subpara
graph (H
)
,
by creating a new paragraph (xi) and
by
renumbering (xi) as (xii) and
35
‑
11
‑
801 by creating
a new
subsection (d)
are
amended to read:

16
‑
3
‑
101.

Short title; definitions.

(b)

As used in this act:

(ix)

"Rule" means each agency statement of general applicability that implements, interprets and prescribes law, policy or ordinances of cities and towns, or describes the organization, procedures, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule, but does not include:

(G)

Designations under W.S. 9
‑
2
‑
1022(h)(i)
;
.

or

(H)

A general permit.

(xi)

"G
eneral permit" means a permit issued by the department of environmental quality which authorizes a category or categories of discharges
or emissions
;

(xi)
(xii)

"This act" means W.S. 16
‑
3
‑
101 through 16
‑
3
‑
115.

35
‑
11
‑
801.

Issuance of permits and licenses.

(d)

General permits
shall be issued
solely
in accordance with procedures set forth by regulation
adopted by the council
. P
rocedures
for the issuances of general permits shall include public notice and
an opportunity for
comment.

All department
authorizations to use general permits under this section shall be available for public comment for thirty (30) days. Any aggrieved party may appeal the authorization as provided in this act.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1