Document 70O7em6x8QwoO5JkBR7232nGe

MATTHEW H. MEAD Office of the Governor May 12,2017 The Honorable Scott Pruitt Administrator U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 Re: Evaluation o f Existing Regulations - Docket ID No. EP-HQ-O-2017-0190 Dear Administrator Pruitt, I appreciate the Environmental Protection Agency's (EPA) request for input on regulations in need of repeal, replacement or modification. This request stems from President Trump's Executive Order 13777 - Enforcing the Regulatory Reform Agenda. Enclosed is a preliminary list of EPA regulations for your consideration. This is not a comprehensive assessment because o f the time constraints, Wyoming remains ready to work with EPA on ail regulations with the goal of making them effective and workable. The mineral industry, agriculture and tourism are all economic drivers in Wyoming. Wyoming is committed to strong workable environmental regulations that keep industry moving and our air, land and water clean. Wyoming has primacy of many federal regulations and is responsible for their effective implementation. The variability of Wyoming's geography, weather, elevation, topography and population require regulations tailored to accommodate its specific needs. 1 look forward to a strong partnership with the EPA. This is the best way to develop a regulatory system that promotes economic activity while protecting and preserving environmental resources. Sincerely Matthew H, Mead Governor MHM:dp P riONE; 307} 777-7434 Sierra Club v. EPA 18cv3472 NDCA Tier 10 EAX: (307) 632-3909 ED 002061 00078570-00001 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00078570-00002 Administrator Pruitt May 12, 2017 RE: Evaluation of Existing Regulations - Docket ID No. EPA-HQ-OA-2017-0190 Page 2 Enel. Evaluation o f Existing Regulations - Docket ID No. EPA-HQ-OA-2017-0190 (Wyoming) cc: The Honorable Mike Enzi, U.S. Senate The Honorable John Barrasso, U.S. Senate The Honorable Liz Cheney, U.S. House of Representatives Todd Parfitt, Director, Wyoming Department o f Environmental Quality Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00078570-00003 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00078570-00004 Federal Rule or Policy .... NPDES Updates Rule Dates May 18, 2016 Extended Comment Deadline: Aug. 2, 2015 Waters of the US fWOTUS) Draft Guidance sent to OMB: Feb. 2012 Proposed Rule Sent to OMB; Sept 17,2013 Draft version of rule leaked: Nov. 17, 2013 Description WYDEQ/WQP | Recommendation ! ERA is proposing to update the NPDES regulations in order to eliminate inconsistencies between regulations and application forms,, improve permit documentation and transparency, and provide clarifications to the existing regulations Likely updates include: definition updates, application requirements for vessels and pesticides, effluent limit hases-max daily/average monthly for POflWs, reasonable potential, conflicts of interest, fact sheet requirements, public notice requirements, 401 certification process, antf-backslidmg, antidegradation, and objection to administratively continued permits. The proposal is published in the Federal Register at: https://redera 1register.gov/a/2015-11265 In May 2011, ERA and the Army Carp of Engineers (Corps) released for public comment draft guidance for determining whether a waterway, waterbody, or wetland is jurisdictional as a Water of the U.S." ("WOTUS") under the CWA. ERA received 230K comments on the draft WOTUS guidance document. On 9/17/13, EPA and the Corps announced that they had withdrawn the guidance from OMB and sent to OMB a proposed rulemaking instead. Existing 2008 guidance remains in place. On 11/7/2013, a version of the draft proposed rule was leased to the press. EPA Re-work Remand ED 002061 00078570-00006 Tier 10 Sierra Club v. EPA 18cv3472 NDCA Recommended Aquatic Life Ambient Water Quality Criterion for Selenium In Freshwater Environmental Standards for Uranium and Thorium IVlil! Tailings (40 CFR 192) CERCLA Section 108(h) Proposed: April 21, 2014 Comment Deadline: Nov. 14. 2014 ACWA Comments: Nov. 12. 2014 Final June 29,2015 Effective Date: Aug. 28, 2015 Stay: October 9, 2015 Draft Rule: July 2015 Response to 2015 Public Comments: June 30, 2016 Final: July 13, 2016 indicated that the leaked version is not the final version sent to OMB, On 4/21/14, ERA published the proposal in the Federal Register, along with an associated 'Interpretive Rule" on exemptions from CWA jurisdiction for certain agricultural conservation practices. On Jan. 9, 2015, ERA and the Corps withdrew the Interpretive Rule. The final rule was published hi the Federal Register on 6/29/15 and mace effective on 8/28/15. On October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the WOTUS Rule, The ERA and Corps resumed using the previous regulations and case law defining "WOTUS." ACWA will work with EPA/Corps on coordinating opportunities for states to discuss mpiementation questions and training needs. The 2016 criterion document is the final update of EPAJs 1999 recommended national chronic aquatic life criterion for selenium. The 2016 criterion reflects the latest scientific knowledge, which indicates that selenium toxicity to aquatic life is primarily based on organisms consuming selenium contaminated food rather than by being exposed only to seienium dissolved in water. The link to the Federal Register is here: Proposed: January 26, 2015 Proposed: The link to the fact sheet Is here: https://www.epa.gov/sites/production/files/2016 06/documents/se 2016 fact shpei final pdf Proposes to add a new subparfto address potential changes in groundwater at uranium lnsitu recovery facilities. On January 29, 2016, the US Court of Appeals for Re-work Remand Re-work -------- --- .... ---- - -- ----------- -------------------------- --- ------------------------------------ - -------------- Financial Responsibility : December 1, 2016 Federal Baseline Water Quality Standards for Indian Reservations USAGE - Proposal to Reissue and Modify the 2017 Nationwide Permits Advance Notice of Proposed Rulemaking: September 19, 2016 Comment Deadline: Dec. 28,. 2016 Comment Deadline: Aug. 1, 2016 ERA - Policy to determine 'current use' of aquifers Under for Aquifer Exemptions development ERA Region 8 - Policy on determining 'significant deficiencies' from Sanitary Surveys of Public Water Systems In effect. Steam Electric Power Generating Effluent Guidelines - 2015 Final Rule In effect the District of Columbia Circuilissued an order establishing a schedule for EPS* wseeedings under CERCLA 108(b), The ordeweauires ERA to sign a notice of proposed rulemaking for the hardrock mining industry by December 1, 2016, and to take final action by December 1, 2017, Confhcts with existing GlIRClA and UMTRCA rules. Invitation to comment on whether to establish federai baseline wafer quality standards (WQS) for Indian reservation waters that currently do not have CWA WQS in place. Re-work Solicitation for comments on proposal to modify nation-wide permits for dredge and fill activities. ERA proposal to modify the approach for establishing whether an aquifer currently serves as a source of drinking water. EPA's policy for determining significant deficiencies of public water systems in Wyoming is inconsistent with policies implemented In other Region 8 states and can result m expensive system modifications which yield little, If any additional protection of the drinking water system. ERA, on September 30, 2015, finalized a rule revising the regulations for the xn-we :c ,,cstego'V 1 ) Expedite finalization of revised permits prior to March 18, 2017. Re-work. Remand Re-work ED 002061 00078570-00008 Tier 10 Sierra Club v. EPA 18cv3472 NDCA I l l l l i l iW i Regional Haze Rule/Protection of Visibility (82 FR 3078 - Rule) {81 FR 44608-Guidance) The rule sets the first: federal limits on the Sevens of toxic metals in wastewater that can be discharged from power plants, based on technology improvements in the steam electric power Industry over the last three decades. Some Wyoming facilities have incurred costs to implement. Proposed: May 4, 2015 Finalized: January 10, 2017 Guidance Draft proposed: June 30, 2016 Not Yet Realized ERA finalized changes to the protection of visibility requirements for Class ! areas, often referred to as regional haze (RH) requirements, In State Plans. The regional haze rule contained some provisions WYDEQ. would like retained: Progress reports are no longer required to be SIP revisions Uniform rate of progress line begins on December 31, 2004. Most impaired days changed to mean most anthrapogenicaily impaired. Allows states to account for prescribed fires and wildfires. Extends the next State Plan deadline from 2018 to 2021. Requires a public comment period of 30 days rather than 60. * Reschedules due dates for progress reports. * EPA clarified 3Q9 provisions. Modify/re work WYDEQ also identified portions of the rule that made the rule unnecessarily complicated, more burdensome, and shifted authority away from the state: * States must use IMPROVE data from 6 months prior Landfills 40 CFR 60 Subparts XXX Perform ance Standards (80 FR 59332) 40 CFR 60 Subpart Cf Em ission G uidelines (80 FR 59276) 40 CFR part 51, Appendix W (82 FR 5182) to the progress report due date rather than 12. Allows Federal Land Managers to make certifications, requiring states to revise its plan. Rule now requires an illogical analytical sequence when determining long-term impacts. Adjustments for international impacts must be done by the state then approved by the EPA Administrator. Smoke management program assessment must include a statement about ecosystem health. FLM consultation must now take place at least 120 days prior to any public hearing or other comment opportunity. Finalized: August 29, 2016 Finalized: January 17, 2017 Effective: May 22, 2017 The rulemaking lowered emission limits for requiring a gas collection and control system from 50 metric tons to 34 metric tons of non methane organic compounds (one component of landfill gas). The rules apply to all landfills that have accepted waste since 1987 and that were constructed on or before July 17, 2014, including landfills previously subject to 40 CFR 60 Subparts Cc and WWW. This has the potential to be duplicative and confusing for regulated sources in Wyoming. Appendix W allows for a tiered approach for addressing ozone from proposed projects: a literature review of how a project may affect ozone or the use of photochemical grid modeling. A literature review relies on past photochemical grid models that have been run to demonstrate that a projects emissions would not adversely affect ozone. This literature review does not provide any significant value over the use of photochemical grid modeling as few models have Re-work/repeal Modify/re-work 40 CFR Part 58, Appendix A (81 FR 17280) Exceptional Events Rule Finalized: March 28, 2016 Finalized: been run on a single source basis. In addition, photochemical grid modeling is a very specialized skill set of which there are only a few stakeholders capable a running these complex models and there are currently no models that replicate wintertime ozone formation. The WYDEQ requests that this rule be revised, as it may require single source photochemical grid modeling which places a significant burden on applicants with limited resources on determining compliance with the ozone standard. WYDEQ requests a review of 40 CFR Part 58 Appendix A (Appendix A) requirements. The latest revisions to Part 58, published March 28, 2016, include an extension of the applicability of Appendix A to industrial monitors, compelling these monitors to follow all Part 58 requirements if their data are to be compared to the NAAQS (Appendix A, 1.1). The revisions to certain sections of Appendix A, like Quality Management Plan (QMP) requirements, QAPP requirements, Technical System Audit (TSA) requirements, and independent auditing, are creating undue economic and resource burdens on industrial sources, WYDEQ, and EPA Region 8 though EPA's narrow interpretation that the EPA Regional Administrator and/or Regional staff must complete oversight and approval activities. The WYDEQ respectfully requests a review and possible revision to the Appendix A language to assure that States may be delegated the authority to perform quality oversight on industrial monitors operated in that state WYDEQ respectfully requests a review of the Modify/re-work Modify/re-work {81 FR 68216} Litigated Regulations S ooo Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED_002061_00078570-i "Exceptional Events Rule" in 4 tC F R Part 50.14. Changes published October 3. i@16 include many attempts to "streamline''' the Rate, However, the narrowing of the scope of applicability to only data points being used In regulatory determinations severely limits a state's ability to exclude uncontrollable natural and exceptional events from the data recdrd. While the ability exists to demonstrate significance to the Regional i Administrator for a review of an event, this i practice Is untested and guidance does not exist | on making such demonstrations. Many State, | Local, and Tribal agencies may not be In a position effacing non-attainnient but still believe that exceptional event-affected exceedances should be taken out of the data record for other I __ reasons such as use In future modeling, etc, I WYDEQ believes there are a number of I Re-work/repeai regulations currently being litigated that meet the criteria for modification, repeal, or replacement as per Executive Order 13777. The Carbon Poilution Standards for new and modified I electric generating units has already been j selected for review and VWDIFQ supports the decision to review it. WYDEQ also believes that the Mercury and Air Toxics Standards, as with the Clean Power Plan, should be reviewed. Given air j quality primacy and regulatory concerns related to the recent Bureau of Land Management (BLM) | rule addressing venting and flaring on BI.M j managed land, WYDEQ supports the decision to review the rule Coal Combustion Residuals 40 C.F.R, 257 Used Cathode Ray Tubes (CRTs) 40 C.F.R. 261.4(a)(22) Proposed: j uno 2j.. 2u1u Final: July 26, 2016 Final: May 19, .1980 Hazardous Waste Generator Rule 40 C.F.R. 262.10(g)(2) UST State Program Approval 40 C.F.R. 281 UST State Program Approval 40 C.F.R. 2E1 Policy Pi I November 28, 2016 Final: July 2015 Final: May 2008 80 f-R 92b6 htros://vv\vsv.reHulai!Oos,gov'/docuoif-'nt Ou-llPiY- 2014-0003-012.5 Final decision 1 re: petition for rulemaking 2/ 2u/2.ui . EPA developed rules to establish location standards and operating criteria for coal ash surface impoundments and landfills Wyoming is already regulating these facilities and does not believe these standards are necessary. CRTs are difficult to dispose of.-due to the regulation under RCRA Subtitle C and therefore accumulate at rural landfills. Wyoming would recommend relaxing disposal standards for CRTs to allow disposal at municipal solid waste landfills. Under this rule, even a minor violation could result: In a facility being subject to multiple permit violations and very large penalties. Wyoming believes this to be unnecessarily burdensome on operators. EPA developed regulations governing the process by which States obtain primacy of the Underground Storage Tank Program. This process Is unduly burdensome and many states are frustrated with the prolonged process. States expend considerable resources pursuing State Program Approval, Current policy prohibits states from charging their time spent pursuing program approvai to the EPA UU: prevention grant. Re-work Re-work Re-work Re-work Wyoming regulates blasting activity through sir and lano quality permitting under state primacy and does not feel the rulemaking Is necessary. iilllllililiiill! ! k esci no ED_002061_00078570-00013 Tier 10 Sierra Club v. EPA 18cv3472 NDCA Draft rules yet to be published. OSMRE-EPA Coal Com bustioi Residuals 72 FR 12026 hitos://wwvv,osmreF;:;ov/pre2^arns/TD';'/cc?'`;.si''0T; Advanced notice of proposed rulemaking published 3/14/2007. Qr~tt n yet to be published. Proposed rulemaking for disposal of coal combustion residuals in mine fills. Wyoming is already regulating these facilities and does not believe thse standards are necessary. EPA CERCLA 108(b) 82 FR 3388 hi.ipsvVvsw w j^ I jp Pdf/2(}162F004 7. ddf ! ................ _ ................ _......... ................._ EPA 40 CFR 1 9 2 80 FR 4156 z U i P Di'OPOsed-f U ;erf 3K if!g;:.ynSiV.iCH,:=pg:oU>;ci - EPA Administrator signed proposed rule 12/1/2016, Ruble comment on proposed rules begins 1/11 and comment extended to 7/11/2017 On 1/3/2017 the EPA signed proposed rules Conflicts with existing CERCLA and UM RCA rules. Exemption of uranium producers would resolve concern. New ground water protection standards at facilities that extract uranium using the ISR process, EPA did not consult with states. Draft Final rule contained excessive monitoring Rescind Withdraw and rework | 1 Withdraw and rework EPA 40 CFR61 Subpart W 79 FR 25388 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00078570-00014 comment period ends 7/18/2017 requirements. Waiting for rote pubhcafon date NESHAP Subpart W is a radon emission standard for operating uranium mill tailings. ERA did not consult with states during rule making. The final rule contains excessive monitoring requirements. Final rule was signed 12/20/2016. Withdraw and rework