§ 35-11-205 — Application procedures

Wyoming § 35-11-205

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 2: AIR QUALITY

Text

(a) Any source required to have a permit under W.S.
35-11-203 shall, not later than twelve (12) months after the
date on which the source becomes subject to the requirements of
the operating permit program or such earlier date as the
department may establish, submit to the department a compliance
plan and an application for a permit signed by a responsible
official, who shall certify the accuracy of the information
submitted. The department shall approve or disapprove a
completed application, consistent with the procedures
established under W.S. 35-11-204 for consideration of such
applications, and shall issue or deny the permit, within
eighteen (18) months after the date of receipt thereof, except
that the department shall establish a phased schedule for acting
on permit applications submitted within the first full year
after the effective date of the operating permit program, or a
partial or interim program. Any such schedule shall assure that
at least one-third (1/3) of the permits will be acted on by the
department annually over a period of not to exceed three (3)
years after the effective date. The department shall establish
reasonable procedures to prioritize approval or disapproval
actions in the case of applications for construction or
modification under the applicable requirements of the Clean Air
Act and this article.
(b) Any source submitting a permit application shall
submit with the application a compliance plan describing how the
source will comply with all applicable requirements under this
article and the Clean Air Act. The compliance plan shall
include a schedule of compliance, and a schedule under which the
permittee will submit progress reports to the department no less
frequently than every six (6) months.
(c) Except for sources required to have a permit before
construction or modification under the applicable requirements
of this article or the Clean Air Act, if an applicant has
submitted a timely and complete application for a permit or a
renewal of a permit required by the operating permit program,
but final action has not been taken on the application, the
source's failure to have a permit shall not be a violation of
W.S. 35-11-203, unless the delay in final action was due to the
failure of the applicant to timely submit information required
or requested to process the application. No source required to
have a permit under the operating permit program shall be in
violation of W.S. 35-11-203 before the date on which the source
is required to submit an application under subsection (a) of
this section.
(d) A copy of each permit application, compliance plan,
schedule of compliance, emissions or compliance monitoring
report, certification, and each permit issued under the
operating permit program, shall be available to the public. If
an applicant or permittee is required to submit information
entitled to protection from disclosure under section 114(c) of
the Clean Air Act, W.S. 35-11-1101(a) or 16-4-203(d)(v), the
applicant or permittee may submit the information separately.
The requirements of section 114(c), W.S. 35-11-1101(a) and
16-4-203(d)(v) shall apply to the information. The contents of
a permit shall not be entitled to protection under section
114(c), W.S. 35-11-1101(a) or 16-4-203(d)(v).