§ 35-11-801 — Issuance of permits and licenses

(a) When the department has, by rule or regulation,
required a permit to be obtained it is the duty of the director
to issue such permits upon proof by the applicant that the
procedures of this act and the rules and regulations promulgated
hereunder have been complied with. In granting permits, the
director may impose such conditions as may be necessary to
accomplish the purpose of this act which are not inconsistent
with the existing rules, regulations and standards. An
administrator shall not issue permits and may issue a license
under this act only as specifically authorized in this act.
(b) Except as otherwise provided in this act the director
shall take final action on any application for permit or
extension thereof within sixty (60) days after receipt of same
unless public notice or hearing is required by state or federal
statute.
(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.
(d) General permits shall be issued solely in accordance
with procedures set forth by regulation adopted by the council.
Procedures 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.
(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 complete 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. The application shall contain,
at a minimum, a demonstration that the applicant will apply the
best available control technology 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.