Bill No.: SF0086                                                         Drafter:  MDO

 

LSO No.:        12LSO-0280                                       Effective Date:           March 6, 2012

 

Enrolled Act No.:                  SEA0016

 

Chapter No.:                          CH0011

 

Prime Sponsor:                      Joint Minerals, Business and Economic Development Interim Committee

 

Catch Title:                            Greenhouse gas air quality regulation.

 

Summary/Major Elements:

 

·         Currently, Wyoming statutes preclude regulations to reduce emissions as called for by the Kyoto Protocol. Some of the emissions regulated by the Kyoto Protocol are now classified as "greenhouse gases" ("GHGs") by the United States Environmental Protection Agency ("EPA").

 

·         In the event that the EPA is allowed to regulate GHGs and DEQ is not granted primacy to regulate GHGs, regulated industries and activities in this state may face a situation where they are required to obtain air quality permits from both EPA and DEQ.

 

·         This act creates a framework whereby DEQ and EQC may obtain primacy over the regulation of greenhouse gases if certain conditions precedent occur, eliminating the air quality "dual permitting" scenario.

 

·         This act restricts the implementation of greenhouse gas emission regulations by DEQ and EQC which are more stringent than those imposed by federal law.

 

·         Prohibits submission of an amended State Implementation Plan (SIP) for regulation of greenhouse gases to the EPA until:

o   The legislature enacts legislation apart from this act authorizing the submittal of an amended SIP for the regulation of GHGs; or

o   A federal court issues a final judgment on the merits of Wyoming's pending claims in Utility Air Regulatory Group v. EPA, docket no. 11-1037 (D.C. Cir.).

·         This act provides for the repeal of the authority granted in this act and all regulations adopted pursuant to that authority upon the occurrence of any 1 of the following events:

o   The U.S. Congress enacts legislation prohibiting EPA from regulating GHGs; or

o   A federal court issues a final judgment prohibiting EPA from regulating GHGs.

 

·         This act requires the Governor to certify to the secretary of state the occurrence of any act which:

o   Authorizes DEQ to submit an amended SIP to regulate GHGs; or

o   Repeals portions of this act and the authorization to amend the SIP and promulgate regulations contained therein.

 

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