Air quality construction permitting.

ORIGINAL
Senate
File No
.
SF0117

ENROLLED ACT NO.

23
,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to environmental quality; authorizing the operation of specified oil and gas exploration or production wells or activities following application for a construction permit; and providing for an effective date.

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

Section 1
.

W.S. 35
‑
11
‑
801(c)

and
by creating
new
subsections
(
e) and (f
)

is amended to read:

35
‑
11
‑
801
.

Issuance of permits and licenses.

(c)

Except as provided in subsection (e) of this section, a
permit to construct is required before
construction or modification of any industrial facility capable of causing or increasing air or water pollution in excess of standards established by the department is commenced.

(e)

Except for sources required to have a permit
before construction or modification
under the applicable requirements of
W.S. 35
‑
11
‑
203
and sources specified by the director
, if an applicant
for an air quality permit
for an oil or gas exploration or production well, with its associated
equipment
,
has submitted a timely and comple
te application for a permit
to construct or modify
within
ninety
(
90
) days of
the
first date
of production of the
oil and gas
operation
, the
applicant
'
s failure to have a permit shall not be a violation of
this section
.
An applicant
complies
with this section if the applicant demonstrates to the administrator of the air quality division that the oil and gas exploration or production activity qualifies as a nonmajor source
.

T
he application
shall contain, at a minimum, a demonstration that the applicant will apply the
best available control technolog
y

to the oil and gas production and exploration activity.

(f)

As used in
subsection
(e) of this section
,
"
first date of production
"
means the date permanent production equipment is in place and product is consistently flowing to sales lines, gathering lines or storage tanks. Production occurring during well completion activities which is routed to temporary production equipment is considered to occur prior to the first date of production.
If extended periods of time
pass between zone completions but production from initially completed zones is consistently flowing to permanent production equipment, the first date of production is the date when production from the initial zones began consistently flowing to the permanent production equipment, even though more zones will be completed later.

Section
2
.

This
act is effective July 1,
2015
.

(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