• Non-Attainment Rules for Upper Green River Basin Delayed
  • August 7, 2014
  • Law Firm: Holland Hart LLP - Denver Office
  • The Wyoming Department of Environmental Quality (WDEQ) Air Quality Advisory Board (AQAB) recently moved to delay the recommendation of a proposed rule that would establish requirements for existing oil and gas production facilities located in the Upper Green River Basin ozone nonattainment area (UGRB area).

    The rule, which was proposed by the Air Quality Division (AQD) of the WDEQ, would establish requirements for all single and multiple well pad oil and gas production facilities or sources and all associated production equipment located in the UGRB area that were in existence as of January 1, 2014.

    The AQAB said regulators need more time to consider concerns raised by industry and environmental groups who generally support the rule, but seek to propose some changes. The Petroleum Association of Wyoming, for example, is concerned that compliance by January 1, 2016, as the rule requires, is not achievable. The Environmental Defense Fund, on the other hand, asks that the rule be changed to require more frequent leak inspections and to cover compressor stations.

    In July 2012, the Environmental Protection Agency designated the UGRB area as “Marginal” nonattainment for ozone under national air quality standards. Since then, the WDEQ has taken steps to address air quality in the area, including this proposed this new rule, creating new policies, forming a stakeholder task force, and releasing the UGRB Ozone Strategy.

    The AQD hosted a public meeting on July 31, 2014 to consider comments on and inform the public about the proposed rulemaking. A telephone meeting will be held on August 4. The proposed rule, submitted comments and other information can be found at http://deq.state.wy.us/aqd/proposedrules.asp.