No. 7117

Notice of Public Hearing DEQ/ISC Docket 16-02
Industrial Siting Council Wyoming Department of Environmental Quality
Proposed Revisions to the Rules and Regulations of the Industrial Siting Council, Chapter 1
Pursuant to the provisions of the Wyoming Administrative Procedures Act and the Wyoming Industrial Siting Act 35-12-101 – 119 et. seq. notice is hereby given that the Industrial Siting Council (ISC) will consider proposed revisions to Chapters 1 of the Wyoming Department of Environmental Quality, Industrial Siting Division Rules and Regulations at a public hearing on January 26, 2017 at the Wyoming Game and Fish Commission, Elk Room, 5400 Bishop Boulevard, starting at 10 A.M. in Cheyenne, Wyoming.
The proposed revisions to Chapters 1 are necessary to incorporate changes that occurred to Wyoming Statute 35-12-105(c) of the Act , 39-15-111(c) and (d)(i) and 39-16-111(d) and (e)(i) of the Department of Revenue Regulations as part of Enrolled Act Number 71 (EA 71), which became effective on July 1, 2015. EA 71 modified the way impact assistance payments are calculated, distributed, determined, and limits the amount of impact assistance payments to 2.76% of the total estimated material costs of the facility. EA 71 requires applicants and counties to provide evidence at the ISC hearing of the mitigated and unmitigated impacts that the project will have on communities. EA 71 also requires the ISC to determine the dollar amount for the unmitigated impacts related to the project, establish a schedule for distribution of impact assistance payments, and state the reasons for reaching this determination. The proposed rule revisions would require applicants and parties supply the necessary information in order for the ISC to comply with the new requirements set forth by the Wyoming Legislature.
The ISC is seeking comment on the proposed revisions beginning September 9, 2016. All comments must be received on or before 5 P.M., November 21, 2016. Comments may be provide electronically, in writing, or in person at our open house. Electronic comment may be submitted online at:
Written comment may be submitted to the following address: DEQ/ISD, 200 West 17th Street, 4th Floor, Cheyenne, WY 82002. All written comments must be received on or before 5 P.M., November 21, 2016 at the following address: DEQ/ISD, 200 West 17th Street, 4th Floor, Cheyenne, WY 82002.
The ISC will also hold an open house to receive public comment on Wednesday, October 12, 2016 at the DEQ Casper Field Office, 152 North Durbin Street, Suite 100 Casper, Wyoming 82601 from 11AM – 3 P.M. The purpose of the meeting is for the ISC to receive oral statements on the proposed rules from the public.
The ISD will prepare an analysis of comments received. Written comments submitted during the comment period can be viewed at the ISC website: At the January 26, 2017 hearing, the ISC will consider the proposed rules, written comments, and the analysis of comments, along with any modifications by the ISD to the draft rules.
Copies of the Proposed Rules and the Statement of Principal Reasons are available for review at: . Persons may also request a copy of the proposed rules by contacting Casey Robb at (307) 777-6910 or email at: Questions regarding the proposed rules may be directed to Brian Lovett at (307) 777-7388.
In accordance with the Americans with Disabilities Act, special assistance or alternative formats will be made available upon request for individuals with disabilities.
Dated this 9th Day of September 2016
DEQ/Industrial Siting Division
200 West 17th Street, 4th Floor
Cheyenne, WY 82002
Telephone: (307) 777-6910
Published: September 14 & 21, 2016
No. 7117

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