Administrative Rule Review Report  #AR09-075

Legislative Service Office

25-Nov-09

AGENCY: Department of Environmental Quality.

DATE SUBMITTED: November 24, 2009.

SUBJECT: Chapter 1, Pollution Prevention Plan Requirements for Eligibility in the Voluntary Remediation Program.

NATURE OF RULES:                     Legislative, Procedural

STATUTORY AUTHORITY:         W.S. 35-11-112(a)(i) and 35-11-1602(a)(ii)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO: 

Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28‑9‑103(d).  No comments have been received to date.  Otherwise, procedural compliance is apparently complete to date.

SUMMARY OF RULES: 

These new rules are being promulgated in response to 2000 SF0015 to provide guidance regarding the pollution prevention plan requirements under the voluntary remediation program.  These rules provide definitions, explain eligibility requirements for a pollution prevention plan under the voluntary remediation program, provide for submittal requirements for various facilities, identify requirements for written pollution prevention plans and provide for alternative minimum pollution prevention operating standards.

FINDINGS: 

The rules appear to be within the scope of statutory authority and legislative intent.  Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Maxine R. Weaver

Staff Attorney

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Lynda G. Cook

Staff Attorney