Greenhouse gas air quality regulation.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0086

ENROLLED ACT NO. 16, SENATE

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

AN ACT
relating to public health and safety; providing for the
promulgation
and adoption
of greenhouse gas regulations by the department of environmental quality

and the environmental quality council; limiting regulations as specified;
providing for a delayed effective date for the regulations as specified;
providing c
onditions
under which the s
tate shall
obtain and
maintain primacy over greenhouse gas regulation; providing conditions under which the department may submit
an
amended sta
te implementation plan for United States
environmental protection agency approval; providing for a contingent repeal of the authority granted;

and providing for an effective date.

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

Section 1.

W.S.
35
‑
11
‑
213 by cre
ating new subsections (e) through (m
)
is amended
to read:

35
‑
11
‑
213
.

Restrictions on state regulations related to greenhouse gas emissions.

(e)

Notwithstanding the provisions of subsection
s
(a) through (d) of this section and p
ursuant to the
provision
s
of sub
section
s
(e) through (k) of this section
, the department and council shall adopt
regulations
to
amend Wyoming
'
s Clean Air Act state implementation plan and Wyoming
'
s Title V operating permit program to the extent necessary to obtain state primacy over the regulation of greenhouse gases for those sources that would otherwise be subject to federal regulation for greenhouse gases by the United States environmental protection agenc
y.

Pursuant
to the provisions of W.S. 16
‑
3
‑
104(b)(i), the regulations promulgated and adopted pursuant to the
authority
granted in this
sub
section shall be effective on the date the department receives authority to submit an amended state
implementation plan to the United States
environmental protection agency
as provided by subsection (h) of this section.

(f
)

In no event shall any greenhouse gas emission regulations or potential to emit thresholds
promulgated pursua
nt to sub
section
(e) of this section
be more stringent than those impo
sed or required by federal law
. Regulations under
subsection (e) of this
section shall only regulate those gases identified by the
United States
environmental protection agency as greenhou
se gases.

(g
)

Notwithstanding
W.S. 35
‑
11
‑
203(a)
, the department and the council are
authorized to
determine
by regulation potential to emit thresholds
for greenhouse gas emissions which are no more stringent than
those imposed or required by federal law
.

(
h
)

The department may submit an amended state implementation plan providing for regulation of greenhouse gases to the United States environmental protection agency for approval only after the occurrence of the earlier of the following events:

(i
)

The legislature enacts
legislation apart from this
section authorizing the department to submit an amended state implementation plan providing for the regulation of greenhouse gases to the United States environmental protection agency for approval; or

(ii)

A federal court issues a final judgment on the merits of Wyoming
'
s pending claims in
Utility Air Regulatory Group v. EPA
, docket no. 11-1037 (D.C. Cir.
).

(j
)

Subsections (e) through (k) of this section a
nd the authority granted in

sub
section
(e) of this section
to
the department
and the council
to promulgate and adopt greenhouse gas regulations
and all regulations adopted pursuant to subsection (e) of this section are
repealed upon the occurrence of
any

one (1)
of the following events:

(i
)

The United States
c
ongress
enacts a law prohibiting
the United States environmental protection agency from
regulating greenhouse gases; or

(ii)

A federal court issues a final judgment prohibiting the United States environmental protection agency from regulating greenhouse gas emissions from stationary sources.

(k)

As used in
this section, the term
"
final judgment
"
means a judgment issued by a federal court that is no longer subject to potential or ongoing appeal to any federal court with jurisdiction over the court judgment.

(m)

The governor shall certify to the secretary of
state the occurrence of any act
which
:

(i)

Authorizes
the department to submit an amended state implementation plan to the United States
environmental protection agency
thereby rendering r
egulations
adopted pursuant to this section effective
. The certification shall identify the date the department was authorized to submit an amended state implementation plan
;
or

(ii)

R
epeals
subsection
s
(e)
through (k) of this section pursuant to subsection (j) of this section
. The effective date of such repeal of subsection
s
(e)
through (k) of this section
shall be the date
the governor
'
s certification is
filed with the secretary of state.

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