HB0063 • 2013

State primacy on greenhouse gas regulation.

AN ACT relating to public health and safety; authorizing the department of environmental quality to submit an amended greenhouse gas regulation state implementation plan to the United States environmental protection agency; authorizing the department of environmental quality to promulgate new source performance standards for greenhouse gases; and providing for an effective date.

Energy Land

Enacted

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

Sponsor: Minerals
Last action: 2013-02-15
Official status: enrolled
Effective date: 2/14/2013

Plain English Breakdown

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

Bill History

2013-02-15 LSO
Assigned Chapter Number
2013-02-14 Governor
Governor Signed HEA0023
2013-02-11 Senate
S President Signed HEA No. 0023
2013-02-11 House
H Speaker Signed HEA No. 0023
2013-02-11 LSO
Assigned Number HEA0023
2013-02-11 Senate
S Passed 3rd Reading
2013-02-08 Senate
S Passed 2nd Reading
2013-02-07 Senate
S Passed CoW
2013-02-01 Senate
S Placed on General File
2013-02-01 Senate
S09 Recommended Do Pass
2013-01-29 Senate
S Introduced and Referred to S09
2013-01-29 Senate
S Received for Introduction
2013-01-29 House
H Passed 3rd Reading
2013-01-28 House
H Passed 2nd Reading
2013-01-25 House
H Passed CoW
2013-01-23 House
H Placed on General File
2013-01-23 House
H09 Recommended Do Pass
2013-01-08 House
H Introduced and Referred to H09
2013-01-08 House
H Received for Introduction
2012-12-26 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0063
Drafter:

MDO

LSO No.:
13LSO-0088
Effective Date:

Immediate

Enrolled Act No.:
HEA0023

Chapter No.:
CH0039

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

Catch Title:
State primacy on greenhouse gas regulation.

Subject:
Air Quality Regulations

Summary/Major
Elements:

In 2012, the Wyoming Legislature enacted legislation
which authorized the Wyoming Department of Environmental Quality (DEQ) to
promulgate rules to the extent necessary to obtain state primacy over the
regulation of greenhouse gases (2012 SF86, 2012 Wyoming Session Laws, Ch.
11).

These rules would only take effect upon the enactment of
additional authorizing legislation or a final ruling in a federal court case
appealing the Environmental Protection Agencys (EPA) regulation of greenhouse
gases.

During the 2012 interim, a final ruling was issued in
the federal lawsuit authorizing EPA to regulate the emission of greenhouse
gases. This created a regulatory climate where industry in Wyoming was
required to get air quality permits from both DEQ and EPA. This has become
known as dual permitting.

This act allows for the implementation of greenhouse gas
emission regulations by DEQ which are no more stringent than those imposed by
federal law and removes the dual permitting requirement for industry.

Comments:

This
bill has also been referred to as the Dual Permitting Bill.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0063

ENROLLED ACT NO. 23, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
public
health
and safety; authorizing the department of environmental quality to submit an amended greenhouse gas regulation state implementation plan to the United States environmental protection agency; authorizing the department of environmental quality to promulgate new source performance standards for greenhouse
gases
;
and providing for an effective date.

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

Section 1
.

W.S. 35
‑
11
‑
213(e),
(f),
(h)(intro) and (m)
(intro)

is
amended to read:

35
‑
11
‑
213.

Restrictions on state regulations related to greenhouse gas emissions.

(e)

Notwithstanding the provisions of subsections (a) through (d) of this section and pursuant to the provisions of subsections (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 agency.
Pursuant to the provisions of W.S. 16
‑
3
‑
104(b)(i), the regulations promulgated and adopted pursuant to the authority granted in this subsection 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

The department and council may promulgate new source performance standards for greenhouse gases that are
no more stringent than federal greenhouse gas new source performance standards
.

(f)

In no event shall any greenhouse gas emission regulations
, new source performance standards
or potential to emit thresholds promulgated pursuant to subsection (e) of this section be more stringent than those imposed 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 greenhouse gases.

(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:

(m
)

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

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

Section 2
.

W.S. 35
‑
11
‑
213(h)(i)
,
(ii)
,
(m)(i)
and (ii) is
repealed.

Section 3.
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 House.

Chief Clerk

1