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k ENVIRONMENTAL PROTECTION AGENCY
SSgj? | OFFFICE OF ENERGY ACTIVITIES
V ' C/ REGION VIII
^PRO^°
ENERGY DEVELOPMENT
MONITORING SYSTEM
SUBMITTED UNDER
CONTRACT NO.
EPA 68-01-3580
VOLUME III
SEPTEMBER 15, 1976
ARTHUR YOUNG & COMPANY
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ENVIRONMENTAL PROTECTION AGENCY
SOFFFICE OF ENERGY ACTIVITIES
STd? REGION VIII
^PRO^°
ENERGY DEVELOPMENT
MONITORING SYSTEM
SUBMITTED UNDER
CONTRACT NO.
EPA 68-01-3580
VOLUME III
SEPTEMBER 15, 1976
ARTHUR YOUNG & COMPANY
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I. INTRODUCTION
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I.
INTRODUCTION
This volume is one of six separate volumes of the Level 3
of the Energy Development Monitoring System. The six volumes
of Level 3 are organized in the following manner by type of
energy resource.
Volume II: Coal
Volume III: Electricity
Volume IV: Geothermal
Volume V: Nuclear
Volume VI: Oil and Gas
Volume VII: Oil Shale.
1. ORGANIZATION OF THE SECTION
Each volume has been organized by energy type, with further
divisions by function or activity within that energy type. For
example, the volume on coal is further divided into parts concerned
with exploration, mining, coal gasification, and coal slurry pipe-
lines. Thus anyone interested in knowing the regulatory process
governing exploration for coal in any of the six States in the
Region VIII of the Environmental Protection Agency could find all
of the requirements in the proper Level 3 volume of this study
describing coal. This section has been prepared so that the total
description for each energy type and activity within the energy
type is independent of all other descriptions. While this leads
to duplication within the body of the report, for example the
process to obtain approval from the Federal Aviation Administration
for a tower built in conjunction with a coal gasification plant is
the same process for approval of a tower constructed as part of an
electric generating facility, it also results in self-contained
modules. Thus, the reader may select those volumes of the report
applicable to his needs and not be required to read the entire
Level 3 section or an entire energy category to find the portions
of interest to him.
Each regulatory agency description presented in this volume
contains five parts. They are:
Legal authority uhder which the agency operates. This
portion contains the applicable statute, citation, and
the regulations of the agency.
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Description of the process followed by the agency in
issuing permits, licenses, or whatever approvals the
agency must give to a potential energy developer.
Issuables are the documents issued by the agency. These
are generally permits or licenses which allow the devel-
oper to conduct a specific activity. In some instances,
however, the agency may participate in the development
of and the approval for a comprehensive plan of activity.
For example, a developer may be required to obtain
approval for a reclamation plan prior to commencing any
mining activity. The agency may assist the developer
in planning for such activities as a storage of soil,
selecting the growth for replanting, and landscaping the
site prior to any approval of the plan.
Advisory agencies are the agencies which assist the named
agency in reviewing applications or plans. These agencies,
generally those whose specific knowledge, such as soil
conservation or fish and wildlife habitats, are critical
to the regulatory agency's decision making process.
Schematic presentation of the process of the regulatory
agency. Each agency description is followed by a
flowchart which outlines the regulatory process.
In addition to facilitating access to the information, each of
these modules may be modified or amended as statutes or regulations
are added or changed.
2. MAINTAINING THE MODULES
The regulatory process concerning energy development is one of
the most dynamic legislative or regulatory arenas in today's political
and legal environment. During the time this section was being prepared,
that is, in the time frame from the conduct of the site visits to the
development of this draft report, several changes have already occurred
which will require changes in some of the modules. For example, the
Colorado legislature recently enacted a bill which will alter the
mining reclamation activity required by energy developers within
Colorado. On April 22, 1976, the Federal Register contained new
regulations of the Nuclear Regulatory Commission which affect the
Commission's regulation of nuclear development. This was followed
by an April 30, 1976 announcement of new U. S. Geological Survey
regulations concerning the granting of oil and gas leases.
Several of the States visited operate with bi-annual legislative
sessions. While legislatures in these States were not in session
during 1976, they will be in session in 1977. Officials within these
States feel that legislation will be enacted during the coming sessions
which will alter the energy development regulatory processes within
their States.
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In this dynamic environment, any description of regulatory
requirements which is not maintained will rapidly become obsolete.
To maintain current modules, the EPA should establish a relation-
ship with one agency in each State to serve as the coordinator
for the State. Then, on a semi-annual or annual basis, the EPA
could contact their coordinating agencies in each of the States
to obtain revisions to the processes. At the Federal level, the
EPA could contact each of the agencies directly. After changes
have been ascertained, pages can easily be substituted in the
loose-leaf binders.
In this fashion the inventory of regulatory requirements would
be kept current. Any user having need of the system then would
have the corrected data.
The cross index contained herein presents the agencies, by
energy category and function within categories, which are involved
in the regulatory process.
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ELECTRICITY
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III. ELECTRICITY
This section of the report presents the regulatory process for
the development of electrical generating facilities and the
transmission of power from the site. This section has been divided
into four subsections. These subsections are as follows:
Electrical Generation: Fossil-Fueled
Electrical Generation: Hydro and Pumped-Storage Powered
Electrical Generation: Nuclear-Fueled
Electric Transmission Lines
Each of thse four sections includes the entire regulatory process
from project initiation through operation.
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1. FOSSIL-FUELED
Fossil-fueled power plants are those plants in which coal, oil,
or natural gas are burned to create steam. The steam passes through
turbines which transfer the energy from heat to mechanical energy.
Giant electric generators transfer the mechanical energy of the
spinning turbines to electrical energy. The efficiency of fossil-
fueled power plants ranges from 30% to 45%. Stated differently, 30%
to 45% of the heat energy is changed to electrical energy. The
remainder is lost through escaping heat and unavoidable losses of
the thermodynamic process.
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(1) Federal Agencies Regulating Fossil Fuel Powered Electric
Generating Facilities
This part of the report presents the Federal agencies which
regulate the development of fossil-fueled electric generating
facilities.
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(a) Army Corps of Engineers
The Army Corps of Engineers is responsible for monitoring the
condition of navigable water whether the water is a tidal area, ocean
or gulf, from the shore to the continental limit, including rivers,
streams or lakes. A single permit is required for all activities
including:
Work in, or placement of, structures in the water. This
encompasses such activities as building intake and outfall
structures, transmission lines across waters, and so forth
Disposal of dredged or fill material into navigable waters
including the transportation of such material on navigable
waters for the purpose of disposal
Other activities which may have an effect on navigable waters
Legal Authority
The Army Corps of Engineers operates under the River and
Harbor Act of 1899; the Federal Water Pollution Control Act
Amendments of 1972; and the Marine Restriction, Research,
and Sanctuaries Act of 1972. The regulations governing
actions are in Title 33 of the Code of Federal Regulations.
Description of the Process
In the initial step following the receipt of the application,
the Army Corps of Engineers prepares an environmental
assessment (See Flowchart E-l). This assessment is prepared
employing consultation from other parties, both public and
private, who may have an interest in the action. Following
the evaluation of the assessment, the Corps determines if
an Environmental Impact Statement (EIS) is required.
If the Corps determines that the impact is not sufficient
to require an EIS, the Corps consults with advisory agencies
on the decision to grant the request. As part of this
decision-making process the Corps may hold public hearings;
however, public hearings are not required.
On the other hand, if an EIS is required, the Corps will
prepare the EIS and circulate it among the advisory agencies.
The Corps holds public hearings. Using the information
gathered in this procedure, the Corps makes a determination
on the application.
If the Corps grants the permit, a Federal right-of-way may
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be required. If so, the applicant must file with the agency
controlling the surface rights for the appropriate right-
of-way.
Issuables
The Army Corps of Engineers issues a single permit for
activities effecting navigable waters.
Advisory Agencies
Fish and Wildlife Service
Bureau of Reclamation
National Oceanic and Atmospheric Administration
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CORPS OF ENGINEERS
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(b) Bureau of Land Management
The location of electric generating facilities may require
rights-of-way on Federal lands. The BLM is the principal grantor of
rights-of-way on Federal lands. Other agencies, for example the Forest
Service and the National Park Service, control surface rights to land.
Because of similar processes, the description of the process is being
presented here using the BLM as the principal agency.
Legal Authority
The granting of rights-of-way on Federal lands are governed
by Title 43 of the Code of Federal Regulations Subpart 2800.
Description of the Process
The first step in the consideration of a right-of-way
application is the determination of whether the agency has
jurisdiction over the land (See Flowchart E-2). If the land
is under the control of the BLM an Environmental Assessment
Record (EAR) is prepared by the BLM. Based on the findings
in the EAR, the BLM determines whether or not the
environmental impact is significant enough to require an
Environmental Impact Statement (EIS).
If the BLM requires only the EAR, the evaluation of the
request is made on the basis of the content of the EAR and
the advice provided by other agencies who participate in
the review process. If an EIS must be prepared, the lead
agency is assigned and the preparation plan, i.e., the plan
of action to handle the EIS, is drafted. The Office of
Environmental Project Review is responsible for coordinating
the BLM's participation in the EIS review. Depending on
the complexity of the EIS, the statement takes from nine
(9) months to two (2) years to complete the process. A
detailed description of the proposal and baseline area
studies are important for any EIS. The BLM must wait thirty
(30) days after the EIS is submitted to the Council on
Environmental Quality (CEQ) before any decision can be given.
The EAR/EIS process is critical to the protection of the
environment. Once a permit for exploration or mining has
been given, the recipient cannot, by law, be denied access
to the site. Consequently, it is crucial that the BLM place
stipulations on the rights-of-way granted to ensure the
protection of the environment. Compliance checks are
conducted during the construction phase to verify the
developer's compliance with the stipulations in the right-
o f-way.
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The USGS is responsible for monitoring any stipulations on
effluents and any other stipulations in the right-of-way.
On FS land, the FS monitors the rights-of-way and enforces
public safety.
Issuables
The BLM issues rights-of-way
Advisory Agencies
Fish and Wildlife Service
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MEANS:
FEDERAL AGENCY
JURISDICTION ON FEDERAL
LANDS OR LANDS CONTROLLED
BY A FEDERAL AGENCY
BUKEAU OF LAND MANAGEMENT
niGMT OF WAY PERMIT
ENO Of- AM'UCATION
MONIIOII
(UGH I (IF WAV.
CONIIIOL I'llUI It
SAf CI V
O
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(c) Bureau of Indian Affairs
The Bureau of Indian Affairs (BIA) is authorized to approve
rights-of-way for electric power facilities over Indian lands. No
right-of-way is issued over tribal lands, however, without prior
consent of the tribe.
Legal Authority
The regulations governing applications to the BIA are
contained in Title 25 of the Code of Federal Regulations.
Description of the Process
The application for a right-of-way is received in the
regional office of the BIA (See Flowchart E-3). The
application is reviewed by the BIA to determine whether or
not an Environmental Impact Statement is necessary. If an
EIS is necessary, the BIA prepares a draft copy of the EIS.
Advisory agencies and interested persons are invited to
comment upon the EIS and public hearings are held. The
findings of the comment period and from the advisory
agencies' reviews are incorporated into the final EIS.
If the BIA determines that the impact of the requested
application is not sufficient to require an EIS, the
decision-making process is based on the findings of the
environmental assessment.
The results of the EIS or the assessment are forwarded to
National for review and comment. The package is then
returned to the regional office with any comments. The
regional office then makes the determination on granting
the right-of-way permit. If the BIA grants the application,
the agency issues a permit.
Issuables
The BIA issues a right-of-way permit
Advisory Agencies
Fish and Wildlife Service
Bureau of Land Management
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BUREAU OF INDIAN AFFAIRS
RIGHT OF WAY PERMIT
MEANS:
FEDERAL AGENCY
JURISDICTION ON FEDERAL
LANDS OR LANDS CONTROLLED
BY A FEDERAL AGENCY
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(d) Environmental Protection Agency (EPA)
The Environmental Protection Agency has primary responsibility
over issuance of National Pollution Discharge Elimination System
(NPDES) permits. This permit regulates the quality and quantity of
liquid effluents discharged into rivers and waterways.
Legal Authority
Under the 1972 amendments to the Federal Water Pollution
Control Act, the discharge of pollutant into the U.S. waters
without an NPDES permit is illegal. This is only applicable
to new source discharges for which EPA effluent emission
guidlines have been developed.
Description of the Process
The EPA has primary responsibility for the NPDES program,
but it may transfer responsibility over the NPDES program
to States which have EPA approved programs (See Flowchart
E-13). Where there are approved State programs, it is the
State procedure which is followed, provided that the State
abides by the same prohibitions against issuing permits that
govern the EPA's decision. The EPA does, however, reserve
the right to deny a permit when a State may grant it. The
EPA may not issue a permit when a State with an approved
program denies the permit.
For a State without an approved program, the EPA receives
the application and engineer's reports directly (See
Flowchart E-13). Other Federal and State agencies that are
interested in the proposed project are sent copies of the
application and comments solicited. A copy of the
application is sent to the State authorities to certify that
the project meets any applicable State standards. If the
proposed project meets the State standards, the EPA must
decide whether it is a major federal action to issue the
NPDES permit. If so, an Environmental Impact Statement (EIS)
is required and must be prepared.
All information to this point is then analyzed and a
preliminary decision reached. This preliminary decision and
the application are then posted in a public notice, which
is a solicition for comments from any interested party. If
a public hearing is required, it is held and all interested
parties heard. This additional input is.then weighed in
the determination on issuance of the NPDES permit. If the
determination is negative, there are appeals processes
available through the Administrator of the EPA. If the final
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determination is affirmative, than the NPDES permit is issued
with a term of up to five years.
Issuables
Environmental Inpact Statement
Public Notice of Application and Preliminary Decision
National Pollution Discharge Elimination System Permit
Advisory Agencies
Corps of Engineers
U.S. Fish and Wildlife Service
Bureau of Reclamation
Other agencies as may be interested in either the EIA
preparation or public hearings.
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ENVIRONMENTAL PROTECTION AGENCY
NPDES PERMIT
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(e) Federal Aviation Administration (FAA)
Whenever the erection of a tower may be proposed for a location
which may affect air traffic safety, a Notice of Intent to Construct
a Tower must be filed with the FAA.
Legal Authority
The FAA is charged with the responsibility for air safety
by Title 14 of the Code of Federal Regulations.
Description of the Process
If an operator suspects a proposed tower to be under FAA
jurisdiction, he must file a Notice of Intent to Construct
a Tower at least 30 days prior to construction (See Flowchart
E-ll). The FAA then determines whether the proposed tower
would be considered an obstruction to air traffic safety.
This usually takes 2 to 3 weeks. If the proposed tower is
not an obstruction, then the applicant may proceed with
construction.
If it is an obstruction, however,the FAA must decide whether
or not to issue a clearance for the tower. The FAA sends
out notice of the proposed project to interested parties
for comment. This may take up to 8 weeks for a significant
clearance. If the FAA deems a public hearing to be needed,
one will be held and all interested parties heard. The
FAA then reviews the proposal and either issues or denies
the clearance.
Issuables
Clearance for a Tower
Advisory Agencies
Undetermined
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FEDERAL AVIATION ADMINISTRATION
TOWER CLEARANCE
ENO OF APPLICATION
MEANS:
FEDERAL AGENCY
JURISDICTION ON FEDERAL
LANDS OR LANDS CONTROLLED
BY A FEDERAL AGENCY
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(2) State Agencies Regulating Fossil Fuel Powered Electric
Generating Facilities
This parr of the report presents the State agencies
which regulate fossil fuel powered electric generating
facilities.
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COLORADO
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Colorado - Public Utilities Commission
The Public Utilities Commission (PUC) has authority over
the construction and operation of electric generating
facilities within the State. This jurisdiction extends to
all electric generating facilities regardless of whether
they are fueled by fossil fuels, nuclear fuel, or hydro
power .
One of the concerns of the Public Utilities Commission is
with the economic feasibility of the proposed project.
That is, what will be the effect of the construction costs
of the new facility on the utilities rate structure and,
ultimately, on the consumers of the utility.
In addition to the construction and operation of the
electric generating facility, the PUC is concerned with
the exploration for, and the development of, coal, oil,
and gas by the utility or subsidiaries of the utility.
The PUC's involvement is not from a regulatory standpoint
over such operations but rather its concern for the
effect of exploration and development activities or the
purchase of fuel on the rate structure of the utility.
THE PUC is not involved with the granting of rights-of-way.
All rights-of-way are obtained by the utility from the
owner/controller of the land. The PUC must approve the
route for transmission, however. Any deviations from the
approved routes which are material to the cost of the
project will require a new PUC approval.
Legal Authority
Description of the Process
The Public Utilities Commission receives an applica-
tion from a utility seeking approval for construction
and operation of a generating facility and approval
for the rights-of-way obtained (see Flowchart e-16 )
The application is reviewed by the Commission and
public hearings are scheduled. At the hearings,
the utility, any interested agencies and members of
the public are allowed to testify.
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Following the hearing, the PUC makes the decision
to grant the application ana approve the routes
for the transmission lines. If approval is granted,
the Commission issues a permit which enables the
utility to proceed. During the construction of the
facility, the utility must submit quarterly reports
on construction progress including a comparison of
proposed expenditures to the actuals to date.
Issuables
The Commission issues a Certificate of Public
Convenience and Necessity.
Advisory Agencies
State Land Use Commission
Department of Health.
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COLORADO PUBLIC UTILITIES COMMISSION
D
END OF PROCESS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
ST A TE OR PRIVA TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES fiuch as water!
CONTROLLED OY FEDERAL
OR ST A TE AGENCIES
OR PRI VA TE INDIVIDUALS
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Colorado - Department of Health, Air Pollution Control
Division
The Air Pollution Control Division is charged with
developing and maintaining a comprehensive program for
the prevention, control, and abatement of air pollution.
The Division develops and promulgates ambient air
quality standards and may issue cease and desist orders
where emergency pollution exists.
Legal Authority
The Air Pollution Control Division derives its
authority from the Air Pollution Control Act of
1970, State of Colorado, Section 25-7. The rules
and regulations governing the administration of
this act are contained in the "Statements of Policy
by the Division", "Common Provisions Regulations",
and Regulations 1 through 9 of the Division.
Description of the Process
The State does not allow the construction or opera-
tion of any new direct air contamination source
without first obtaining or possessing a valid
emission/permit. Any significant alteration of a
source must be filed with the Divison. Following
the receipt of an application for such a permit,
the Division must determine if the application is
complete. The application is reviewed to determine
the effect of this new source on the air quality of
the area. Following this review the preliminary anal-
ysis of the effect of the direct source upon the
ambient air quality and the extent of emission control
are made available to the public. (See flowchart E-18 )
If the application warrants public comment, a copy
of the preliminary analysis and the application are
filed with the appropriate county clerk and pub-
lished in a local paper. Following the receipt of
comments, the Division makes the determination
whether or not to approve the application. If the
application is denied, the applicant may request
a conference with the Division and a hearing. If
the application is approved, the permit is granted
and the applicant may proceed.
The approval to proceed does not, however, consti-
tute final approval. Prior to the operation of the
facility the developer must give notice to the
Division.
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The Division then conducts an inspection to deter-
mine if the operating facility meets the standards
projected in the application. If the standards are
met, a final approval is granted.
The Division conducts on-going inspection efforts
to ensure that standards are maintained during the
operation of the project.
Issuables
The Air Pollution Control Division issues the
following permits which are relevant to a developer
of an energy facility:
Stationary Sources Air Emission Permit
Open Burning Permit
Fugitive Dust Permit
Advisory Agencies
Environmental Protection Agency
Parties who are interested in the impact
of fugitive dust or air emissions.
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COLORADO DEPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
on LANDS WHICH REQUIRE
RESOURCES (such js wjffr/
CONTROLLED BY FEDERAL
OR STA TE AGENCIES
OR PRtVA TE INDIVIDUALS
uc ruriN to
APPLICANT
END OF
PROCESS
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Colorado Department of Health: Water Quality
Control Division
The Water Quality Control Division is charged with
adopting a comprehensive program for the prevention,
control and abatement of pollution of the waters of
the State. The Water Quality Control Division promul-
gates rules, regulations, and standards of water quality
and waste discharge and may issue cease and desist
orders for violations.
Legal Authority
The Water Quality Control Division operates
under the authority of the Colorado Water Quality
Control Act (C.R.S., 1963, 66-28-101, et. seq.).
Description of the Process
No one is allowed to discharge any pollutant
into any State water from a point source without
first having obtained a permit from the Division
for such discharge.
Applications for permits are filed with the Divi-
sion (See Flowchart E-^0. Once the application is
received, the Division must determine if the
application is complete. If complete, a draft
permit is prepared. If the application is not
for a point source discharge, the Division investi-
gates and evaluates the application and prepares
a letter of Certification to be forwarded with
the application to the Corps of Engineers. For
a point source, the Division sends copies of the
draft permit to interested parties and invites
response within 30 days. Public notification of
the application is made, and if the response
warrants, public hearings are held with all the
information at hand. The Division decides whether
or not to issue the permit. Either way, the
aggrieved party has the right to appeal.
Issuables
Permit for point source discharge
Letter of certification to U.S. Army Corps
of Engineers.
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Advisory Agencies
Environmental Protection Agency
U.S. Army Corps of Engineers
111-19
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RECEIVE
APPLICATIONS
<
IS TIIF
APPLIC ATIOI
COMPLETE
?
APPLICATION
INVESTIGATE
ft
EVALUATE
ISSUE LETTEn
OF
CERTIFICATION
TO CORPS OF
ENGINEERS
FORWARD TO
conps OF
ENGINEERS
RETURN APPLICATION
ro SENDER
(ffll
STATE AGENCY
AUTHORITY OVEfi PROJECTS
LOCATED ON FEDERAL,
STA TE OR PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES huch as water/
CONTROLLED BY FEDERAL
OR STA TE AGENCIES
OR PRIVATE INDIVIDUALS
COLORADO DEPARTMENT OF HEALTH
WATER QUALITY CONTROL DIVISION
SEND COPIES
TO IN TERESTED
PARTIES
EPA
PERMITTEE
LOCAL
AUTHORITIES
LETTER OF
CERTIFICATION
RECEIVE INPUT
PERMIT
riUM INTERESTED
PARTIES AND
- REVISED
DRAFT
MAKE REVISIONS
ISSUE PUDLIC
PUBLIC
NOTICC
NOTIFICATION
ACCEPT (b REVIEW
COMMENTS
DECIDE IF HEARING
IS NEEDED
REVISE TO
RETLECT
COMMENTS OF
HEARING
AGGRIEVED
PARTY IS
IIEAIID &
PROBLEM
RCSOtVED
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Colorado Division of Water Resources
The Division of Water Resources is responsible for
administering the use of water in the State. This is
accomplished directly in the case of surface water and
tributary gouna water by the State Engineer, who is
the Director of the Division; and, by the Ground Water
Commission in the case of non-tributary designated
ground water areas. The Division staff also serves as
the staff for the Ground Water Commission, water rights
are obtained by decrees from the water courts generally
following the axiom that the oldest right is the best
right. In the designated ground water basins, the
Ground Water Commission established priority lists of
water users based on dates of initiation of uses.
In conjunction with the administration of water rights,
the Division issues permits to drill water wells through
an evaluation process which determines: (1) whether
water is available for the proposed use, and (2) whether
vested water rights will be materially injured.
Reviews are also made by the Division to determine
possible adverse effects on vested water rights for
proposals to: (1) dispose of mine tailings, (2) operate
mine reclamation projects, (3) operate salt water
disposal wells from oil and gas operations, and (4)
develop ceothermal resources.
The State Engineer and the Division of Water Resources,
acting through the Board of Examiners for Water Well
Drilling Contractors, exercises additional administra-
tive control of water resources by the licensing of water
well drillers and through rules and regulations govern-
ing water well construction and test hole drilling.
The Division of Water Resources may also review and
grant temporary approval for plans of augmentation
submitted by water users. Energy development projects
typically require large amounts of water, and in the
case where this water is "tributary ground water, the
augmentation plan must detail how the new users will
obtain and return a sufficient supply of water to the
total system to remedy any injury that may result to
any senior water rights from his use.
Legal Authority
The Divison of Water Resources and the Office of the
State Engineer operate under the authority granted
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by Articles 37-90, 37-91 and 37-92 of the
Colorado Revised Statutes, 1973. The first
article, 37-90, covers designated ground water
areas and the Ground Water Commission's juris-
diction. The second article, 37-91, deals with
the Board of Examiners for Water Well Drill ing
Contractors, and the third article, 37-92, deals
with surface and tributary ground waters. The
Division's authority to grant temporary approval
for plans of augmentation is found in Section
37-92-307, C. R. S., 1973. Responsibilities in
the field of geothermal resources are set forth
in Article 37-70, C. R. S., 1973. Additional
duties and responsibilities of the State Engineer
are found in Article 37-80, C. R. S., 1973.
Description of the Process
Applications for permits to drill water wells are
submitted to the Division of Water Resources (see
flow chart E-22 ) or to the Ground Water Commission,
through the staff of the State Engineer, in the
case of designated basins. The staff reviews the
applications for completeness and in the case of
complete applications, evaluates the same with
consultation, if needed, with advisory agencies
to determine whether the application can be
approved. The decision is made by the State
Engineer. Any applicant whose request has been
denied by the State Engineer may request a hearing
through an administrative appeal process. Ulti-
mate relief of an appeal of any action by the
Division or the State Engineer can be found in
the appropriate court. Applications in designated
ground water areas, if recommended for approval by
the staff, are published so that interested parties
may file an objection with the Ground Water
Commission.
Plans for augmentation are submitted simultaneously
to the Division of Water Resources and to the water
court. The Division of Water.Resources reviews
the plan for completeness and, in conjunction with
consultation with advisory agencies, if needed,
determines whether or not the plan can be approved.
The application made to the court is published so
that interested parties are given the opportunity
to file an objection with the court. The final
decision as to whether or not the plan can be
approved rests with the water court.
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Issuables
Issues a permit to drill a water well.
Licenses water well drillers.
Grants temporary approval for plans for
augmentation, and
Acting for the Ground Water Commission,
issues a permit to drill a well and to
appropriate designated ground water.
Advisory Agencies
Water Conservation Board
Oil and Gas Commission
Mine Reclamation Board
Water Quality Control Board
State and County Health Boards
111-22
-------
COLORADO DIVISION OF WATER RESOURCES
RETUMNTO END OF
APPLICANT PnOCCSS
MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL,
STA TE OR PRIVA TE LANDS
0 OR LANDS WHICH REQUIRE
RESOURCES (such at water)
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PR! VA TE INOIVIDUALS
-------
MONTANA
-------
Montana - Department of State Lands
Legal Authority
The Department of State Lands is responsible for
leasing of all State lands under the Revised
Codes of Montana, 194 7, as amended.
Description of the Process
There are two methods of obtaining a lease on
State land in Montana, either through competitive
bidding for a lease or through an award as the
first qualified bidder (See Flowchart E ).
Generally, the competitive bid procedure is utilized
for lease of lands with known resources and non-
competitive award for unknown lands.
When an application for a State land lease is
received, it is first determined whether the land
in question is subject to competitive bidding. If
so, availability is posted and bids accepted. The
lease is then awarded to the highest bidder. In
the case of non-competitive land, the award is to
the first qualified bidder. Once an award is made,
the Department decides whether or not to issue the
lease. The land is usually not retracted. An
on-site field inspection is required before issuance
of the lease. When the lease is issued, the success-
ful applicant must furnish a safety bond to the
State.
Issuables
Lease
Bond.
Advisory Agencies
111-24
-------
APl'LICA TION(S)
RECEIVED
AT STA1E
LAND OTFICE
APPLICATIONS)
FOI1 LEASE
MONTANA DEPARTMENT OF STATE LANDS
MEANS
STATE AGENCY
JUmSDICTION ONLY ON
STATE LAND
AWARD HIGHEST
DIDDER
ON SITE
FIELD
INSPECTION
END Or LAND
AVAILARILI1 Y
AWARD FIRST
QUALIFIED
DIODE n
YES
1
f
ISSUE
LEASE
-/h
SURETY
DOND
-------
Montana Department of Health and Environmental Sciences -
Air Quality Bureau
Legal Authority
Responsibility for, and jurisdiction over control
of air pollution sources in Montana are given to
the Department of Health and Environmental Sciences
by the Clean Air Act of Montana. The Air Quality
Bureau (AQB) handles air pollution and discharges
for the Department.
Description of the Process
The applicant must file with the AQB a Notice of
Intent to Construct which notifies the AQB that there
will be a new contributor of air pollution. Usually
plans and specifications are filed with the Notice.
The Bureau then reviews and evaluates the proposed
project, accepting input from interested agencies.
If the project will have a significant impact, an
Environmental Impact Statement is required to be
prepared.
With the analysis prepared as required, the Bureau
makes its preliminary decision and issues public
notice of the intended decision. Comments are there-
by solicited from the public, which are reviewed and
evaluated. If public remarks warrant, public hearings
may be held in which all interested parties are heard.
After all facts are gathered and all parties heard,
the Bureau then reaches its final determination to
either approve or deny the proposed project. If the
project is approved, written notice is sent to the
applicant (See Flowchart E-26 ).
Issuables
Public Notice of Intended Decision
Written Approval of Proposed Project
Environmental Impact Statement
Advisory Agencies
111-25
-------
nEcrtvc
APPLICATION
Z
no (ic'i or
INTENT IO
DISCHARGE
PLANS A
SPECIFICATIONS
ADVISORY
AGENCIES
YES
1
'
PREPARE
ENVIRONMENTAL
IMPACT
STATEMENT
ENVIRONMENTAL
IMPACT
STATEMENT
RE EVALUATE
WITH AODI1IONAL
INFORMATION
PUBLIC NOTICE
IN NEWSPAPEft
MONTANA DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES
AIR QUALITY BUREAU
MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
L OCA TEO ON FEDERAL.
STATE on PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES ftuch m ¦
CONTROLLED QY FEDERAL
ORSTA TE AGENCIES
OR P/l/VATf /NDfWDUALS
RECEIVE &
REVIEW
PUBLIC
COMMENT?
PUOLIC
COMMENTS
IS
HEAIIINQ
\nEOUIHEP
YES
MOLO
PUBLIC
HEARINGS
EVALUATE ft
REACH FINAL
DETERMINATION
-------
Montana - Department of Natural Resources and
Conservation Water Resource Division
Legal Authority
The responsibility and authority for jurisdiction
over all water in Montana is granted to the Depart-
ment of Natural Resources by Montana Water Law
Chapters 8 and 29. All water, wherever found, is
under control of the Department.
Description of the Process
A permit is required for any new appropriation of
water, or construction of any diversion, impound-
ment, withdrawal or distribution works unless the
project is exempted. A project is exempted if it
is well outside the boundaries of a controlled
ground-water area with a maximum yield of less
than 100 gallons per minute. For an exempted well,
within 60 days of completion of the well, the
Division must receive notice of completion of the
well, after which a Certificate of Water Right will
be issued.
Unless the project is exempted, an application for
permit must be filed with the Division (See Flow-
chart E-28). Public notice of the application is
published for three consecutive weeks in a newspaper
in the area of the proposed water source. After
the public notice, 30 to 60 days is allowed for
receipt of objections to the project. The Division
determines whether the objections warrant public
hearings and hold the hearings if needed.
The proposed project is then evaluated and a decision
is reached to issue or deny the permit. If the
decision is to deny, the applicant may appeal to the
Division for reconsideration. If the final decision
is to issue the Permit, then the Permit is issued.
Notice of completion must be filed within the pre-
scribed time after the permit is issued or any authorized
extension thereof. A Certificate of Water Right is
issued if the project has been completed in substan-
tial accordance with the permit. A Certificate of
Water Right cannot be issued however until a general
determination of existing rights in the source has
been completed.
111-26
-------
Existing Water Rights
An existing water right is a right to the use of
water which would be protected under the law as it
existed prior to July 1, 1973. Water use for energy
development may require the use of water for which
a water right has been established. If a change of
place of use, place of diversion, purpose of use, or
place of storage is contemplated, pursuant to 89-H92,
R.C.M. 1947, application must be made and authoriza-
tion received from the DNR&C. The severance or sale
of a water right, pursuant to 89-893, R.C.M. 1947
also requires authorization by the department. Pur-
suant to the section cited, notice, hearing, etc.
are conducted as per applications for water use
permits.
Issuables
Application for Permit to Appropriate Water
Permit to Appropriate Water
Certificate of Water Right
Completion Report of Water Development
Authorization of Change of Existing Water
Right.
Advisory Agencies
None
111-27
-------
MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
WATER RESOURCES DIVISION
CONTROLLED BY FEDERAL * SOUHCL IS A WILL
OR STA TE AGENCIES NO | IN CUNT n<)l LED GflOUND WA Itn AME A Ml Til
OR PRIVATE INDIVIDUALS MAXIMUM YICLD LESS IIIAN 100 CPM
-------
Montana-Department of Natural Resources and Cons ervat ion:
Energy planning Division
Legal Authority
The Montana Major Facility Siting Act grants the
Department of Natural Resources and Conservation
jurisdiction over any facility designed for, or capable
of, generating 50 megawatts of electricity or more, or
any addition thereto having an estimated cost in excess
of $250,000 and related transmission lines.
Description of the Process
No facility under this jurisdiction may be built
without first applying for an receiving a Certificate
of Environmental Compatability and public Need, upon
receipt of the application, the Division begins the
review, evaluation, and study of the proposed project
(See Flowchart E-30 ). This study is allowed up to
two (2) years and encompasses an environmental and
economic assessment of the project. After completion
of the study, the Division presents its report of all
findings and recommendations to the Board of Natural
Resources and Conservation. The Board invites input
from all interested State advisory agencies.
Within four (4) months, the Board holds public
certification hearings to accept additional input to
the evaluation. Within three (3) months after the end
of the hearings, the Board issues its opinion and
decision on the issuance of a Certificate for the
project. Any aggrieved parties may petition to the
State district courts for appeal.
When the final determination is reached, either the
project is issued a Certificate of Environmental
Compatability and public Need and may proceed or it
is denied a Certificate and is terminated.
issuables
Application for Certificate of Environmental
Compatability and public Need
Division Report on Project (Environmental and
Economic Assessment)
Certification Hearings
111-28
-------
Opinion for Determination
Certificate of Environmental Compatability and
Public Need
Advisory Agencies
Department of Health and Environmental Sciences
Department of Highways
Department of intergovernmental Relations
Department of Fish and Game
Department of Public Service Regulation.
111-29
-------
MONTANA DEPARTMENT OF NATURAL RESOURCES
AND CONSERVATION
ENERGY PLANNING DIVISION
MEANS
STAT£ AGENCY
JUfilSOICTIQN ONL Y ON
STATE LAND
MOLD
CERTIFICATION
HEARINGS
APPEAL THROUGH
YES
STATE DISTRICT
COURTS
CERTIFICATE OF
ENVIRONMENTAL
COMPAT ABILITY
& PUOLIC NEED
ISSUE certificate!
AND OPINION
FOR DETERMINATION
icateI
OPINION FOR
DETERMINATION
DENY CCRTIMCATI
A ISSUE OPINION
ron OE 1 ERMINAT ION
J
END or APPLICATION
-------
Montana-Division of Health: Water Quality Bureau (WQB)
Legal Authority
Responsibility for, and authority over the control of
air pollution sources in Montana is given to the
Division of Health by Chapter 69-4800 of the Montana
laws.
Description of the process
The applicant must file with the WQB a Notice of intent
to Construct which notified the WQB that there will
be a new contribution to water pollution, usually plans
and specifications are filed with the Notice. The Water
Quality Board notifies the Environmental Protection
Agency of the receipt of the application. The Bureau
then reviews and evaluates the proposed projects,
accepting irrout from interested agencies, (See
Flowchart ).
The Bureau makes its preliminary decision and issues
public notice of the intended decision. Comments are
thereby solicited from the public. These comments are
reviewed and evaluated, if public remarks warrant,
public hearings may be held in which all interested
parties are heard.
After all facts are gathered and all parties heard,
the Bureau then .reaches its final determination to
approve or deny the proposed project, written notice
of the decision is mailed to the applicant and to the
EPA.
Issuables
Public Notice of Intended Decision
Written Approval or Disapproval of Proposed
Project
Advisory Agencies
Environmental Protection Agency
111-30
-------
NOTIFICATION
lO EPA
MONTANA DIVISION OF HEALTH
WATER QUALITY BUREAU
MEANS
STATE AGENCY
authority over projects
LOCATED OH FEDERAL.
STA TE OR PRIVATE LANOS
OH i. AWDS WHICH REQUIRE
RESOURCES (inch jt water/
CONTROLLED BY f-EDEHAL
OR STATE AGENCIES
OR PRIVA TE INDi VIDUALS
ISSUE PUBLIC
NOTICE OF
INTFNDEO
DECISION
PUBLIC
NOTICE
RECEIVE &
REVIEW
PUBLIC
COMMENTS
-
FUOLIC
COMMENTS
'
VES 1
\
HOLD
PUBLIC
HEARINGS
EVALUATE ft
REACH FINAL
DETERMINATION
NOTIFY FPA
Of DECISION
-------
(C) NORTH DAKOTA
111-31
-------
North Dakota -
Public Service Commission
The Public Service Commission in North Dakota has
responsibility for regulating several energy development
categories within the State. The Commission issues permits
for the mining of coal and for the reclamation which must
follow. In addition, the Commission is responsible for the
administration and enforcement of the North Dakota Energy
Conversion and Transmission Facility Siting Act. In this
capacity, the Commission must grant certificates of site
compatability for energy conversion facilities, energy
transmission facilities, and route permits for facilities
in transmission corridors.
Legal Authority
The authority for the Commission to regulate the siting
of energy facilities is granted by the North Dakota
Energy Conversion and Transmission Facility Siting Act,
Chapter 49-22 of the North Dakota Century Code. The
regulations governing the Commission's actions under
this legislation are continued in "Rules and
Regulations of the North Dakota Public Service
Commission Governing the Siting of Energy Conversion
and Transmission Facilities" which were adopted
December 23, 1975.
Description of the Process
Following the recent application for site
compatability, the Commission must make two
determinations as to completeness (See Flowchart E-34) .
Along with an examination to determine if all of the
requirements of the Commission have been met, the
Commission must determine if all other required permits
have been obtained by the developer and if the developer
has filed a letter of intent. Any developer seeking
a site compatabil ity permit must file a letter of intent
with the Commission one (1) year prior to the filing
of an application, unless a shorter time is approved
by the Commission.
If the determination is made that the application is
complete, the application is reviewed by the Commission.
One of the purposes of this review is to ascertain
whether the proposed site for the facility is in a
constraint area. If the site is in a constraint area,
the next determination is whether the site is an
exclusion area or an avoidance area. If the area has
111-32
-------
been designated as an exclus ion area, the developer
is prohibited from building his facility. If the area
has been designated as an avoidance area, the developer
.nay build the facility only if he is able to demonstrate
a compelling reason for locating on that site.
Should the application process continue, the next step
is for the Commission to schedule and hold a public
hearing. At this hearing, both advisory agencies and
members of the public may be heard. Following the
hearings, the Commission assembles the results and
evaluates its findings. If the Commission decides to
grant the application, the permit is issued and
development may proceed. Appeals to decisions of the
Commission may be filed in the district court.
Issuables
The Commission issues a Certificate of Site
Compatability.
Advisory Agencies
Water Commission
Soil Conservation Committee
State Game and Fish Department
Natural Resources Council
Planning Division
Regional Environmental Assessment Program
Business and industrial Development Commission
HI-33
-------
NORTH DAKOTA PUBLIC SERVICE COMMISSION
OR STATE AGENCIES
OR PR! I/A TF INDIVIOUALS
SCHEDULE
PUUMC
HEARING
HOLD
HEARING
_L_
ADVISORY
AGENCIES,
PUDLIC
H
ENI) OF
HnOCFSS
-------
North Dakota
- Water Commission
The State Engineer administers the Water Rights Program for
the State Water Commission. The State Engineer issues
permits for the appropriation and use of water within
North Dakota. The authority of the Commission covers all
water in the State, whether it is associated with the
Federal Government, the State, or private land owners.
If the water in question is, for example, under the control
of a Federal agency, the developer must obtain a permit
from the Federal agency and the Engineer. Along with
the permit to appropriate and use water, any energy developer
who plans to construct a dam or a storage reservoir which
is capable of impounding more than 12.5 acre-feet of water
must obtain a permit from the Commission prior to
construction.
Legal Authority
The authority of the Commission and State Engineer
over water resources within the State is granted
by Chapter 61-02 and 61-04 of the North Dakota
Century Code. The regulations governing the
activity of the Commission are stated in "Circular
of Instructions Relative to Appropriation and Use
of Water" published in June, 1974.
Description of the Process
Following the receipt of the application, the
Engineer assigns a priority date to the application
(See Flowchart E-30 . State law recognizes the concept
of prior appropriation of water, consequently the
date of the application becomes important should a
conflict develop. Once the priority date has been
assigned, the Engineer reviews the application for
completeness. If the application is complete, the
Engineer reviews the application to determine if
there is unappropriated water available and if the
application is in the public interest. If the Engineer
determines that the answer to both of these questions
is "yes", the Engineer schedules a hearing. While a
hearing is required for all water applications, now
that the siting legislation requires a hearing,
hearings for water use related to a facility which
requires a siting permit are held jointly with the
Public Service Commission. Once a hearing has been
scheduled, the applicant must give notice of the
111-34
-------
hearing to owners of land within a mile radius of
the location and publish a notice in a newspaper of
general circulation within the area.
At the hearing, testimony is heard from any agency or
member of the public wishing to speak. Following the
hearing, the Engineer evaluates the evidence and
makes a determination on the application. If the
application for water is granted, the applicant
receives a Conditional Water Permit. Once the water
is applied to a beneficial use, the applicant receives
a Perfected Water Permit. For a dam, the applicant
receives a construction permit and a permit to
appropriate water.
Any action of the Engineer or Commission may be
appealed through the District Court.
Issuables
The Engineer and/or Commission issues:
Conditional Water Permit
Perfected Water Permit
Dam Construction Permit
Advisory Agencies
111-35
-------
NORTH DAKOTA WATER COMMISSION
,E"36>-
I1FCTIVE
APPLICATION
ASSIGN
rnionirY
DATE
APPLICATION -
COMPLETE?
APPLICATION
AND
I T.F
nevitw
APPLICATION
flETUnN TO
APPLICANT
END OF PltOCESS
IS \
APPLICATION
IN PUBLIC
interest?
SCHFDUI E
PUOLIC
MEANING
APPLICANT
PUBLISHES
NOTICE OF
HEARING
H
LNOOi PHOCESS
NEWSPAPEn
NOTICE
D
E-37
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STATE OR PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES fiuch m waterf
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVATE INDIVIDUALS
ISSUE
PC MMIT
EVALUATE
FINDINGS
HOLD
HEARING
ADVISOHY
AGENCIES.
PUBLIC
ENO OF PIIOCESr.
-------
North Dakota - Department of Health: Air Quality Division
The Air Quality Division of the Department of Health plays
three important regulatory roles in energy development
within the State. The Division:
Regulates air pollution in the State and is responsible
for maintaining air quality
Functions as the nuclear regulatory agency in the State
and is responsible for monitoring radioactive
materials. This is done under an agreement with the
Nuclear Regulatory Commission. Consequently, the
Division functions as the NRC in North Dakota
Regulates solid waste disposal. In this capacity, the
Division is responsible for monitoring such problems
as oil spills at production sites.
These are two Air Quality Maintenance Areas (AQMA's) which
have been designated within the State.
Legal Authority
Description of the Process
Upon receipt of the application, the Division makes a
determination as to completeness of the application
(See Flowchart e-38 ) If the application is complete,
the Division conducts a preliminary review. Following
the review, the Commission conducts an inspection of
the proposed site for cdnstruction. This inspection
is conducted to determine the additive effect of the
new source of air pollution on the site. If the site
is found to be unacceptable, the developer must either
improve his controls to reduce the emissions or find
a new site. If the developer chooses to find a new
site, the application is resubmitted.
If the site is found acceptable, the Division evaluates
its findings. Based on this evaluation, the Division
publishes a public notice of its intent to approve or
disapprove the applications. This public notification
is given to provide the public with the opportunity
Hi-3 6
-------
to give comments to the Division. Following the receipt
of the public comments, the Division assesses all the
material received and makes its decision. If the
decision is affirmative, the Division issues a permit
to construct. This permit is generally issued with
conditions or standards which the developer must meet.
Following construction, the developer is allowed a
trial operation period. During the trial operation
period, the Division conducts a test to ensure that
standards are met. These tests are done during a one
year pre-operation period and a two year post-operation
period. If the facility meets the standards, a three
year operating permit is issued. Each permit must be
renewed every three years. The Division conducts
compliance inspections during the operation of the
facility.
Issuables
The Division issues:
Construction Permit
Fugitive Dust Permit
Operation Permit
Radioactive Material Permit
Solid Waste Disposal Permit
Advisory Agencies
Environmental Protection Agency
Nuclear Regulatory Commission
State Planning Agency
Regional Environmental Assessment Program
111-37
-------
NORTH DAKOTA DEPARTMENT OF HEALTH
AIR QUALITY DIVISION
rum.ic
COMMENTS
STA TE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL,
STA TE OR PRIVA TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (such .1} wotei)
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVA TE INDIVIDUALS
END Of PROCESS
-------
North Dakota - Department of Health: State Water Pollution
Prevention Agency
The State Water Pollution Prevention Agency is charged with
the responsibility to protect, maintain, and improve the
quality of water in North Dakota. In this capacity the
Agency must monitor all water emissions from any energy
development activity and ensure that all waste water
treatment facilities meet the standards of the Agency prior
to construction.
Legal Authority
The Agency operates under the authority of Chapter 479,
Sections 61-28-01 through 51-28-08, of the North Dakota
Century Code effective July 1973 and Amendments 61-
28-02, 61-28-04, and 61-28-06 effective January 1975.
The regulations governing the actions of the Agency
are contained in "Standards of Surface Water Quality
for the State of North Dakota," published by the
Department of Health.
Description of the Process
Following the receipt of the application, the Agency
makes a determination as to its completeness (See
Flowchart e-40 ) the application is complete, the
Agency reviews the plans and specifications for the
project to determine if the effluents from the project
will meet the State standards. If a retention pond
is employed in the energy development project, the pond
must be sealed to prevent contamination of ground water.
After an analysis of the specifications for the project
are made, the Agency determines if the State standards
are met. The State generally employs the water quality
standards employed by the Environmental Protection-
Agency. However, there are some instances where the
State standards are more strict. If the State standards
are met, the Agency issues a permit. Following the
commencement of operation, the developer must monitor
his waste water. This self-monitoring with regular
reporting to the Agency is done to insure that the
standards continue to be met.
The Agency issues no permit for longer than five (5)
years. Currently, however, no permits are being issued
for a time period beyond 1980.
111-38
-------
Issuables
The Agency issues:
Construction permit
Operation permit
Advisory Agencies
Environmental Protection Agency
Water Commission
State Game and Fish Department
111-39
-------
NORTH DAKOTA DEPARTMENT OF HEALTH
STATE WATER POLUTION PREVENTION AGENCY
nECEIVE
APPLICATION
AND PLAN
API'LICA 1 ION
AND
PLAN
receive
reports
I MOM
DEVELOPER
MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL,
STATE OR PRIVA TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES huch jj tvjtn/
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PR! VA TE INOIVIDUALS
nriunN io
APPLICANT
END OF PROCESS
-------
SOUTH DAKOTA
-------
South Dakota
- Office of Cultural Preservation
The Office of Cultural Preservation operates to mitigate
the damages of any energy development activity which may
have an effect on archaeological sites or areas of historical
significance. Any project which is Federally funded,
assisted, licensed, or approved must report to the Office.
The State Legislature has extended the authority of the
Office to State land and, if the owner has registered with
the State, to private lands within the State.
Legal Authority
The Office of Cultural Preservation is authorized by
the National Historic Preservation Act (P. L. 89-665),
Executive Order 11593, and the South Dakota State
Antiquities Law (SDCL 1-20-17 through SDCL 1-20-37),
in conjunction with the National Environmental Policy
Act.
Description of the Process
Any project in the State which is Federally funded,
assisted, licensed, or approved must have a plan
filed with the State Office of Cultural Preservation
(See Flowchart e4 2 ) The Office reviews the pro-
posed plan and makes a determination. The project
may either have no effect on the significance of the
area, have a positive effect on the area, or have an
adverse effect. If the Office concludes there will
be no adverse effect, documentation of such is sent
to the President's Advisory Council for concurrence.
If the Council does not concur, the same procedure
as for an adverse effect is followed. If the
project will have an adverse effect, the Office
will advise the developer that a study must be
conducted to detail the effects. The Office will
conduct the study for the developer; however, the
developer is free to have his study conducted by a
qualified party of his own choosing. In either
case, the developer must pay the costs of the study.
The object of this entire effort is to preserve
areas or items of historical or archaeological
significance. When the project is site specific,
for example a coal mine, the Office attempts to
prohibit all development from proceding until any
area, building, and so forth have been moved or had
their significant articles salvaged before develop-
ment proceeds. Where it is possible to shift the
location of the facility, for example a generating
plant, the Office will encourage such action.
HI-41
-------
Issuables
The Office issues approval for the compatability of
the development project with the archaeological or
historical heritage of the State.
Advisory Agencies
State Planning Bureau
Department of Natural Resource Development
Energy Policy Office
Department of Environmental Protection
President's Advisory Council
Hl-42
-------
SOUTH DAKOTA OFFICE OF CULTURAL PRESERVATION
DECEIVE
PLAN FOR
DC VELOI'MCN I"
DEVELOPMENT
PLAN
SEND
DOCUMENTA1ION
ADVISORY COUNCII
for nEvirw
advisory
COUNCIL
oNcuns?
NOTIFY
DEVELOPER OF
ADVEflSE
EFFECT
NO
^DOES^-v
OFFICE
OFFICE
YES
CONDUCTS
CONDUCT y?
STUDY
^ST UD*?/
|no
DEVELOPEn
HAS S1UOY
DONE
PLAN PKEPAI1EO
TO MI1IGA1E
ADVERSE
EFFECTS
MITIGATION
PLAN
[ MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEOERAL,
STATE OR PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES Isuch as water!
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVA TE INDIVIDUALS
-------
South Dakota - Public Utilities Commission
The State of South Dakota has no siting legislation,
consequently the Commission has no authority over the siting
of facilities or transmission lines. The Commission has
recently received authority to determine public convenience
and necessity. This authority, however, is so new that the
Commission is somewhat uncertain as to the scope of its
author ity.
The focus of the Commission's authority is on the rate
structure of utilities. For any utility which derives
twenty-five percent (25%) or more of its revenue from South
Dakota, the Commission must approve the financing mix for
any new facilities.
Legal Authority
The authority of the Commission is granted by Chapter
49-34A of the SDCL. The regulations governing the
activities of the Commission are contained in "Public
Utilities Commission of the State of South Dakota
Procedure Rules of the Public Utilities."
Description of the Process
Following the receipt of the financing description of
any new construction by a utility, the Commission must
make two determinations. First, does the utility derive
twenty-five percent (25%) or more of its revenue from
South Dakota. If the answer to this question is "no,"
the Commission has no jurisdiction.
If the answer is "yes," the Commission must determine
if the financing proposal follows the regulations of
the Securities and Exchange Commission. If this
determination is affirmative, the Commission reviews
the proposal. Should the financing of the new facility
not adversely effect the utility's rate structure, the
Commission will approve the proposal, (see flowchart E-44)
Issuables
Approval of the financing plan.
Advisory Agencies
111-43
-------
SOUTH DAKOTA PUBLIC UTILITIES COMMISSION
receive
FINANCING
PROPOSAL
DOES
COMMISSION
HAVE
JURISDICTION?
COMMISSION
reviews
AND
EVALUATES
,
APPnOVAL
GRANTED
FINANCING
PROPOSAL
ADVISORY
AGENCIES
NO
END OF PROCESS
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
S TA TE OR PRIVA TE LANDS
m on LANOS WHICH REQUIRE
RESOURCES (iuch .» water)
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVA TE INDIVIDUALS
MEANS
STATE AGENCY
END OF PROCESS
HETUnN
TO
APPLICANT
-------
South Dakota - Department of Environmental Protection
The South Dakota Department of Environmental Protection is
responsible for maintaining the quality of the air and water
within the State and for monitoring hazardous and solid
waste discharges. For air emissions and solid waste,
the Department must issue a permit. The Department has
not concluded an agreement with EPA at this time which
will enable the Department to issue wastewater discharge
permits under the National Pollutant Discharge Elimination
System. Currently the Department cooperates with the
EPA on the issuance of all such permits. On October 1,197 6,
however, the Department will certify the federally-issued
permits.
In addition, the State now requires that any State agency
which takes a significant action must file an environmental
impact statement with the Department. Actions of State
agencies such as the issuances of licenses and permits may
be considered significant State actions. The final
statement of any agency must be filed with the Department
at least thirty (30) days prior to the beginning of any
activity resulting from the State action.
Legal Authority
The Department operates under authority granted by
several State statutes. The South Dakota Compiled Laws
(3DCL) 34-16A provide air pollution control authority;
SDCL 46-25 provide water pollution control authority;
and SDCL 11-1A is the Environmental Policy Act.
Description of the Process
Following the receipt of the application, the
Department examines the application to determine if
it is complete (See FlowchartE-46 ) If the application
is complete, the Department determines if the emissions
from the facility meet the standards of the State. If
the State standards are met, the Department will issue
a permit.
Issuables
The Department issues:
A permit to construct under the air quality
program
A permit to operate under the air quality program
111-44
-------
A permit to operate a solid waste disposal
fac ility
Advisory Agencies
Environmental Protection Agency
Department of Natural Resource Development
Conservation Division (Department of Agriculture)
State Planning Bureau
Department of Game, Fish and Parks
HI-45
-------
SOUTH DAKOTA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LOCATED ON FEDERAL, RETURN TO END OF PROCESS
STATE OR PRIVATE LANDS APPLICANT
OR LANDS WHICH REQUIRE
RESOURCES Isuch as waterI
CONTROLLED BY FEDERAL
OR STA TE AGENCIES
OR PRIVATE INDIVIDUALS
-------
South Dakota - Department of Natural Resource Development
The Department of Natural Resource Development has two
divisions which play an important role in regulating
energy development in South Dakota. The Water Rights
Division has the authority over water appropriation and
use within the State. The Geological Survey regulates
the production and transportation of oil and gas.
The Water Rights Division must approve any use of water
other than domestic. In addition, the Division must
approve any reservoir. A developer which drills a
water well must notify the Division.
The authority for these components of the Department
extends to Federal, State, and private lands.
Legal Authority
The authority for the Water Rights Division is
granted by Chapters SDLC 46-1 through SDLC 46-32,
the South Dakota Water Laws. The regulations
governing the activities of the Division are
contained in "Rules of Water Rights Commission."
- Description of the Process
Following the receipt of the application by the Divi-
sion, the Division makes a determination of complete-
ness (See Flowchart E~48 ). If the application
is complete, the Division plans an advertisement of
the application in newspapers local to the affected
area for a two (2) week period. The application is
then brought to the Water Rights Commission. The
Water Rights Commission is an eight member, lay
commission from across the State appointed by the
governor.
After evaluating the application and the testimony,
the Commission makes a determination. Any request
for water rights for more than ten thousand (10,000)
acre-feet per year must be approved by the State
legislature.
Issuables
Water Rights Permit
111-46
-------
advisory Agencies
Bureau of Reclamation
Army Corps of Engineers
Environmental Protection Agency
Department of Environmental Quality
Department of Game, Fish and Parks
111-47
-------
SOUTH DAKOTA DEPARTMENT OF NATURAL RESOURCE DEVELOPMENT
WATER RIGHTS DIVISION
NO
flETUNN TO
APPLICANT
MEANS
STATE AGENCY
9 AUTHORITY OVER PROJECTS
IOC A TED ON FEDERAL.
STA TE OP PRIVA TE LANDS
m OR LANDS WHICH REQUIRE
RESOURCES {such m wattu)
CONTROLLED BY FEDERAL
OR STA TE AGENCIES
OR PRIVA TE INDIVIDUALS
STATE LEGISLATURE
MUST DECIDE
APPLICATION
-------
(e) UTAH
111-48
-------
Utah-State planning Coordinator
Legal Authority
The Office of the State planning Coordinator is charged
with the responsibility of implementing the Executive
Order on Environmental Quality of 1974. This same
Executive Order also grants the Coordinator the
authority for implementation of the order.
Description of the process
The State planning Coordinator is notified of a
proposed project either by an agency with jurisdiction
over the project or by the party proposing the project
(See Flowchart E-50 ). jf the project is Federally
assisted or in other ways falls under the National
Environmental policy Act or OMB Circular A-95 or A-
102 procedures, then compliance with these procedures
is sufficient and no further review is required by the
Coordinator. A project not so exempted must have an
environmental assessment prepared by the agency
responsible for the proposed activity.
Information obtained through coordination with other
agencies, together with information obtained from other
appropriate investigation and study, is used in making
an environmental assessment of the proposed action.
This assessment allows the initial determination of
whether or not the project will have a significant
environmental impact. If not, the environmental
assessment is forwarded directly to the Environmental
Coordinating Committee (ECC) for review. If the action
is deemed to have a significant impact, the responsible
agency must first prepare an Environmental Impact
Statement (EIS) prior to forwarding the EIS and the
environmental assessment to the ECC for review.
The ECC reviews the available information on the
project, prepares its comments and recommendations and
forwards everything to the Economic and physical
Development interdepartmental Coordinative Group (EPD
Group). The EPD Group then reviews the proposed project
and prepares comments and recommendations. If the
proposed project is again deemed to not have
significant impact, the project approval is decided by
the responsible agency and appropriate approval or
disapproval issued. If a project is considered to have
significant impact and an EIS has not yet been prepared,
111-49
-------
then one must be prepared by the responsible agency
and processed through the ECC and EPD Group for review.
Any proposed project which has had an EIS prepared must
go to the Governor with the cumulative comments and
recommendations of all reviews. The final decisions
on all projects with significant environmental impact,
therefore, is made by the Governor and the appropriate
approval or disapproval is issued.
Issuables
Environmental Assessment
Environmental Impact Statement
project Approval
Advisory Agencies
Hl-50
-------
STATE
PLANNING
COORDINATOR
LEARNS OF
PROJECT
UTAH STATE PLANNING COORDINATOR
/\ MEANS
STATE AGENCY
JURISDICTION ONL Y ON
STA TE LANO
E.CC.
nEVIEWS,
COMMENTS &
RECOMMENDS
RESPONSIBLE
AGCNCV
PREPARES E IS
ENVinONMFNTAt.
IMPACT
STATEMENT
IEIS)
ECC
COMMENTS &
nECUMMENDAT IONS
ECC
nEVIEWS.
COMMENTS A
RECOMMENDS
EPD
REVIEWS,
COMMENTS &
RECOMMENDS
EPD
COMMENTS &
RECOMMENDATIONS
END OF
pnoJECT
EDP
REVIEWS.
COMMENTS &
RECOMMENDS
NO
TO GOVERNOR
FOR FINAL
DECISION
-------
Utah-Division of Health: Air Quality Bureau (AQB)
Legal Authority
Responsibility for, and authority
air pollution sources in Utah is g
of Health by the Air Conservation
Code Annotated, 1953, Title 26.
Description of the process
The applicant must file with the AQB a Notice of intent
to construct which notifies the AQB that there will
be a new contributor of air pollution, usually plans
and specifications are filed with the Notice. The
Bureau then reviews and evaluates the proposed project,
accepting input from interested agencies (See Flow-
chart E-52 ).
The Bureau makes it preliminary decision and issues
public notice of the intended decision. This is to
be published in the Salt Lake Tribune and a newspaper
local to proposed project site. Comments are thereby
solicited from the public, which are reviewed and
evaluated. If public remarks warrant, public hearings
may be held in which all interested parties are heard.
After all facts are gathered and all parties heard,
the Bureau then reaches its final determination to
either approve or deny the proposed project. If the
project is approved, written notice is sent to the
appl icant.
issuables
Public Notice of intended Decision
Written Approval of proposed project
Advisory Agencies
over, the control of
iven to the Division
Act and the Utah
111-51
-------
RECEIVE
REVIEW 8*
APPLICATION
EVALUATE
ron AIM
PROJECT
DISCMARGE APPROVAL
_l
ri
NO I ICC OF INIENT
TOCONSIRUCr
PLANS &
SPECIFICATIONS
ISSUE PUBLIC
NOTICE OF
INt ENDED
DECISION
PUOLIC NOTICE
IN NEWSPAPER
ADVISORY
AGENCIES
UTAH DIVISION OF HEALTH
AIR QUALITY BUREAU
MEANS
STATE AGENCY
0 AUTHORITY oven PROJECTS
LOCATED ON FEDERAL,
STATE OR PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (such as mater)
CONTROLLED OY FEDERAL
OR STATE AGENCIES
OR PRIVATE INDIVIDUALS
RECEIVE &
REVIEW
PUBLIC
COMMENTS
PUQLIC
COMMENTS
*
END OF
PROPOSAL
-------
Utah-Bureau of Solid Waste Management
Legal Authority
The Bureau of Solid Waste Management under the
authority of the Division of Health, is responsible
for the enforcement of all solid waste disposal
r egulations.
Description of the process
In this capacity, the Bureau must receive, review, and
approve the preoperating plans prior to construction
(See Flow Chart e-54 )
Issuables
Aproval of preoperating plans
Advisory Agencies
111-52
-------
UTAH BUREAU OF SOLID WASTE MANAGEMENT
nECElVE &
EVALUATE
PRE OPERATING
PLAN
PRE OPERATING
PLAN
VES
APPROVE
PLANS
WRITTEN
APPROVAL
END OF
APPLICATION
A MEANS.
STATE AGENCY
JURISDtC T/O/V ONL Y ON
STA TE LAND
-------
Utah Bureau of Sanitation
Legal Authority
The 3ureau of Sanitation under the authority of the
Division of Health, is responsible for the enforcement
of all plumbing regulations.
Description of the process
The 3ureau must receive, review, and approve all
plumbing design plans prior to constructing (See
Flowchart e-56)
Issuables
Approval of plumbing plans
Advisory Agencies
111-53
-------
UTAH BUREAU OF SANITATION
APPLICATION
A MEANS
STAre AGENCY
m JURISDICTION ONLY ON
STA Tf LAND
-------
Utah-Division of Health: Bureau of Water Quality (BWQ)
Legal Authority
Description of the process
The Bureau of Water Quality is not yet supported by
the statutes needed to comply with EPA Regulations.
Thus, the only function it may perform is to analyze
a proposed water discharge and to certify to the EPA
that the proposal needs Federal standards and thus
should be issued a Federal permit by EPA. Usually,
applications are received one to three (1 to 3) years
in advance of proposed construction (See Flow-
chart E-58 ).
Issuables
Certification to EPA
Advisory Agencies
Environmental Coordinating Committee
Bureau of Natural Resources
Bureau of Solid Waste Management
111-54
-------
APPLICATION
FORWARDEO
FHOMLPA
I
APPLICATION
FOR WATER
DISCHARGE
ENGINEER'S
nEPOflT
£> MEANS
STATE AGENCY
9 AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STATE OR PRIVATE LANOS
OR LANOS WHICH REQUIRE
RESOURCES (such jf \Mjtarf
CONTROLLEO BY FEDERAL
OR STATE AGENCIES
OR PRIVATE INDIVIDUALS
UTAH DIVISION OF HEALTH
BUREAU OF WATER QUALITY
ADVISORY
AGENCIES
END OF
APPLICATION
-------
Utah Department of Business Regulation
Legal Authority
The Department of 3usiness Regulation, through the
Public Service Commission (PSC), is responsible for
supervision of all electric utilities in Utah. The
Public Service Commission is granted authority in this
area by Section 76-6-1 of the Revised Statutes of Utah,
1933.
Description of the process
When an application is received at the PSC, it must
be determined that the PSC has jurisdiction and that
the utility proposal involves at least a 25% change
in the gross investment in the utility. If so, the
PSC will investigate the proposal and reach a
determination which is published in the form of a Report
and Order. The Report and Order does not become
effective until 20 days after it is issued. If, in
that period, protests are filed, then a public hearing
and reevaluation of the proposal is required.
After all hearings and evaluations, if the PSC decides
to approve the proposal, a Certificate of Public
Convenience and Necessity is issued. This allows the
utility to proceed with the change (usually original
construction or expansion) at the site in the proposal
(See Flowchart E_50 )
Issuables
Report and Order
Certificate of Public Convenience and Necessity
Advisory Agencies
111-55
-------
UTAH DEPARTMENT OF BUSINESS REGULATION
APPLICATION
RECEIVED
AT PSC
APPLICATION
INVESTIGATE
ISSUE
PROPOSAL
DETERMINATION
ANO REACH
IN HCPOIIIS
DE TERMINATION
AND OROEn
REPORT 8>
ORDER
'
END OF
PS.C. INVOLVMENT
PSC APPROVAL
NOT REQUIRED
ISSUE
CERTIFICATE
OF I'UDLIC
NECESSITY
CEn TITICAl E OF
PUBLIC
CONVENIENCE
ANO NECESSITY _
END OF
APPLICATION
MEANS
STA TE agency
jun/sotc riON onl y on
STA TE LAND
-------
Utah-Division of Water Rights (DWF)
Legal Authority
The Division of Water Rights of Utah is granted
authority over water appropriation by the Utah Law of
Water Rights of 1897 and subsequent amendments thereto.
Description of the process
Before commencing construction, enlargement, extension,
or structural alteration of any distributing works, or
performing similar work toward acquiring an
appropriation right or enlarging an existing one, a
written application must be made to the State Engineer.
(See Flowchart E-62). Notice of the application is
published; and protests that are filed must be
considered by the State Engineer before he approves
or rejects the application (Notice of the application
and protests are allowed 30 days prior to State
Engineer's decision), if approved, the applicant is
authorized to proceed with construction of the
necessary works and to take all steps required to
perfect his proposed appropriation. The times within
which construction of works shall be completed and the
water applied to beneficial use are fixed by the State
Engineer. The State Engineer issues a certificate of
appropriation which evidences the holder's right of use.
If the application is not approved, the applicant may
appeal the decision, whereupon public hearings are held
and the issue reevaluated and decided.
Issuables
Certificate of Appropriation
Advisory Agencies
IH-56
-------
A MEANS
STATE AGENCY
# JURISDIC TION ONL Y ON
ST A TE LAND
UTAH DIVISION OF WATER RIGHTS
END OF
APPLICATION
-------
(f) WYOMING
111-57
-------
Wyoming - Department of Environmental Quality
The Wyoming Department of Environmental Quality (DEQ) is
responsible for maintaining the quality of the air, water,
and land within the State. Any energy developer must ob-
tain an air, water, and land quality permit from the DEQ.
Legal Authority
The Department of Environmental Quality operates
under the authority of the Wyoming Environmental
Quality Act of 1973.
Description of the Process
For an air quality permit, a developer must apply to
the Air Quality Division. For a water quality per-
mit, a developer must apply to the Water Quality Di-
vision (See Flowchart E-64). The air quality permit must
be issued prior to construction. To receive such a
permit, the developer must show that neither the
fugitive dust nor the new emissions will exceed the
standards established by the Division.
Likewise for the water quality permit, the developer must
show that any water from the project which is introduced
into surface drainage or other water effluents will not
exceed the standards established by the DEQ. Where the
State standards are higher than those of the Environmental
Protection Agency, the requirements of the EPA will be met
when the State standards are met. Consequently, there will
be no need for a developer to meet additional requirements
to receive EPA approvals. If, however, Wyoming require-
ments are lower than those of the EPA, the higher Federal
standards must be met before the developer may begin
activity.
If the standards of the State are met, both the Air
and Water Quality Divisions will issue permits to
the developer.
Issuables
The Air Quality Division issues:
Permits to Construct
Permit to Modify
Permit to Operate
111-58
-------
The Water Quality Division issues:
Permit to Discharge and Operate
Permit to Construct, Install, or Modify.
Advisory Agencies
State Engineer
Game and Fish Commission
Bureau of Reclamation
Environmental Protection Agency.
111-59
-------
WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY
AIR AND WATER QUALITY DIVISIONS
NO
D
STA TE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STATE OR PRtVA TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (iuch jj waierl
CONTROLLED BY FEDERAL
OR ST A TE AGENCIES
OR PfilVA TC INDIVIDUALS
FND OFPflOCESS
-------
Wyoming - Department of Environmental Quality
The Wyoming Department of Environmental Quality (DEQ) is
responsible for maintaining the quality of the air, water,
and land within the State. Any energy devploper must ob-
tain an air, water, and land quality permit from the DF.Q.
Legal Authority
The Department of Environmental Quality operates
under the authority of the Wyoming Environmental
Quality Act of 1973.
Description of the Process
Prior to the construction of an energy conversion
facility, such as an electric generating plan or a
coal gasification plant, or prior to commencement of
mining operations, a developer must receive approval
from the Land Division of the DEQ (See Flowchart E-66 ).
For a developer to begin construction activity, the
developer must receive a land use permit. To re-
ceive such a permit the developer must meet the land
use requirements of the Land Division.
For a developer to begin mining operations, the Land
Division must issue two permits. The first permit
required is a mining permit. The mining permit will
be issued after the Land Division approves the de-
veloper's mining plan. The second requirement of
the Division is that the developer submit a reclamation
plan and a bond. The developer must also post a
reclamation bond.
Issuables
The Land Division issues:
A Permit to Mine
A License to Mine
A License to Explore
Advisory Agencies
Land Use Commission
Department of Economic Planning and Development
State Geological Survey
111-60
-------
WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY
LAND DIVISION
LAND
USE
RECEIVE
APPLICATION
REVIEW
CONSULT
WITH
ADVISORS
/Is
YES
APPLICATION
^^COMPATIBLE?
ADVISORY
AGENCIES
END OF PROCESS
UStN.
OR /
^MINING?
APPLICATION
~
HEVIEW
PLAN
MEANS
CONSULT
WITH
ADVISOIIS
COLLECT
RECLAMATION
OOND
STATe AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STA TE OR PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (such m wjttrf
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVATE INDIVIDUALS
ADVISORY
AGENCIES
-------
Wyoming -
State Engineer
The State Engineer issues all water rights permits and has
the authority to administer the water supply. The authority
of the State Engineer extends to both the diversion and use
of water as well as attempts to convert water from one use
to another. Any developer who requires water in the State,
regardless of whether the project is located on Federal,
State, or private lands, is subject to the jurisdiction of
the State Engineer.
Legal Authority
Wyoming Statutes 41-1.42 through 41-1.46 and Sections
9-160.22, 9-160.29, and 9-160.31 present the legal
authority for the State Engineer.
Description of the Process
Following the receipt of the completed application, the
first step is for the State Engineer to conduct an
analysis of the application (See Flowchart E-68 ).
If the application is for a large amount of water, e.g.,
for the cooling of an electric generating facility or
for use in a coal gasification plant, the State Engineer
would determine that it would be necessary for the
interdepartmental water conference to conduct a
feasibility study. This study is designed to assess
the impact of the proposed project and to evaluate the
application in the context of the total State intention
for water use.
If the amount of water is small, e.g., drilling a water
well to support a coal exploration effort, the
application decision will be made without the
feasibility study.
In the conduct of the feasibility study, the water
conference will analyze the application and supporting
data; conduct public hearings to obtain the advice of
private persons, local groups, and associations; and
undertake any studies which the conference feels
necessary. At the conclusion of the feasibility study,
the water conference makes the decision whether or not
to proceed with the application. If the decision is
made to proceed, the State Engineer holds hearings under
the State's contested hearing procedure. The decision
is then made on the application.
111-61
-------
If the Stats Engineer issues a per.nit, it is issued
with the constraints under which the recipient must
operate. When the stipulations are met, the permit
is good for as long as it is used. Monitoring is done
by division personnel. After completion of
construction, the operation is advertised to allow any
parties who were adversely affected to respond.
Issuables
The State Engineer issues a water rights permit and
the right to change water from one category to another.
Advisory
Department of Economic Planning and Development
Department of Game and Fish
Department of Environmental Quality
State Land Office
Department of Recreation.
Hl-62
-------
WYOMING STATE ENGINEER
RECEIVE
APPLICATION
ron WAT EH
USfc
ANALYZE
APPLICATION
COMPLETE
APPLICATION
ADVISORY
AGENCIES
HOLD
PUQLIC
HEARINGS
1
YES
AOVISORY
AGENCIES
AND
PUBLIC
1
1
1
1
1
1
HEARINGS
L
HELD BY
STATE
ENGINEER
END OF PROCESS
D
MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STATE 0 RPRtVA TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (such ,u wateil
CONTROLLED BY FEDERAL
ORSTA TE AGENCIES
OR PRIVA TE INDIVIDUALS
ADVERTISE
NOTICE OF
COMPLE1ION
CONSTRUCT
FACILITY
ISSUE
PERMIT
PCHMIT
-------
Wyoming -
Public Service Commission
The Public Service Commission of Wyoming is responsible for
the intrastate regulation of electric generation facilities,
natural gas, oil pipelines, and transmission lines along with
non-energy related services such as telephone and water
companies. The Commission gives a utility the right to serve
an area and, in return for that right, a utility assumes
the obligation to provide that service.
Legal Authority
The Public Service Commission of Colorado operates
under the legal authority granted by chapter 83 of the
Session Laws of Wyoming, 1963. The regulations
governing the activities of the Commission are
contained in "Rules of the Public Service Commission
of the State of Wyoming" reissued May 1, 1967.
Description of the Process
Following the receipt of the application (See Flowchart
E-70 ), the Commission reviews the application and
schedules public hearings. If, in advance of the public
hearings, the Commission is able to determine who the
parties are that are involved or affected by the
proposed action, the Commission will send a notice to
those affected. In all cases, however, public notice
is given for the scheduled hearings.
At the hearings, testimony may be given by other
agencies and members of the general public. The
Commission gathers evidence at the hearing and employs
this evidence in making a determination on the
application. If the Commission decides to grant the
application, the Commission publishes a public notice
of the decision. If the application is denied, the
applicant is so notified. In either case, parties who
feel they are aggrieved by the action may file for an
appeal. If the appeal is granted, a re-hearing may
be held. If an appeal is not allowed, the Commission
publishes its final decision.
Should the decision be in favor of the applicant, the
Commission grants a certificate.
III-63
-------
Issuables
The Commission issues a Certificate of Puolic
Convenience and Necessity.
advisory Agencies
Department of Transportation
Interstate Commerce Commission
Federal Power Commission
Federal Communications Commission.
111-64
-------
WYOMING PUBLIC SERVICE COMMISSION
-------
Wyoming - Industrial Siting Council
The Industrial Siting Council has the responsibility for
approving energy development and other projects within
the State which are cf sufficient size to have a major im-
pact on the communities in which the project is located.
Included in the consideration of the Council are such im-
pacts as roads, schools, hospitals, housing, police and
fire protection.
Legal Authority
The Council operates under the authority of the In-
dustrial Development Information and Siting Act,
Wyoming Statutes 35-502.75 through 35-502.94. The
regulations governing the activities of the Council
are presented in the "Rules and Regulations of the
Industrial Siting Council, State of Wyoming" adopted
September 10, 197 5.
Description of the Process
Any electric generating facility which has the capa-
bility of generating one hundred (100) megawatts of
electricity or more or any addition to an existing
generating facility which will increase the capacity
of the existing facility by at least one hundred (100)
megawatts must receive approval prior to construction
by the Council. In addition, any newly constructed
transmission lines that are necessary and essential
to the operation of the generating facility must be
approved by the Council.
A developer must submit an application to the Council
for the receipt of approval and a permit (See Flow-
chart e-72) Section 5 of the Council's Rules and Regula-
tions specifies the contents of the application.
The Council has no application forms. An application
to the Council must present evidence that all other
required permits have been obtained and that the
applicant has complied with all applicable laws. Con-
sequently, the first step following the receipt of
the application is for the administrative staff to
check completeness of the application, to verify that
all applicable permits have been obtained, and to
conduct an independent analysis of the application.
Following the determination of completeness by the
administrative staff, a public hearing on the appli-
111-65
-------
cation is scheduled. During this time, the Council
conducts a study of the effect on the project area.
This study is paid for by the applicant. Following
the hearing and receipt of evidence, the Council must
make a decision on the application. The Council has
three choices. The Council may:
Approve the application without any conditions
Approve the application with conditions
Reject the application pending further study.
If the application is approved, the developer may
proceed following the approved plan. If the appli-
cation is approved with conditions, the developer is
notified of the required modifications and the changes
must be made prior to the initiation of any activi-
ties. If the application is rejected pending further
study, the applicant has thirty (30) days to appeal
for a new hearing by the Council. If the application
is denied a second time, the applicant may appeal
through the courts following the procedures in the
Wyoming Administrative Procedures Act.
Regardless of the decision of the Council, when the
Council has reached a decision the Council must pub-
lish the study, its findings, and the decision. The
local governments which would be affected by the
project must receive copies and copies must be filed
with the county clerk's office. In addition, notice
of the Council's decision must be published in at
least one newspaper of general circulation within
the affected area.
Issuables
The Council issues a permit for the construction or
operation of any industrial facility or facilities
within the State.
Advisory Agencies
Department of Environmental Quality
State Engineer
County Commissions
Army Corps of Engineers
111-66
-------
Environmental Protection Agency
Nuclear Regulatory Commission
Interested Parties.
I11-67
-------
WYOMING INDUSTRIAL SITING COUNCIL
LOCA TED ON rEOFRAL.
STA TE OR PRIVA TE LANDS
OR LANDS WHICH REQUIftC
RESOURCES iiuch jj
CONTROLLED BY FEDERAL
OR STA TC AGENCIES
OR PRIVA TE INDIVIDUALS
-------
2. HYDRO-POWERED
Hydroelectric facilities harness the energy of falling water
to generate electric power. Because the flow in a river is sub-
ject to considerable natural fluctuation, a reservoir is required
to even the flow and ensure a fairly constant production of power
during all seasons of the year. A dam serves as the means of
forming this reservoir and creating a difference in water level
so that water will flow through turbines located at the base of
the dam to generate electricity. Hydroelectric facilities in-
volving one dam and one reservoir are generally called conven-
tional hydroelectric facilities.
A second method for generating electricity from water power
employs two reservoirs at different elevations. During the night
when demand for electricity is low, water is pumped from the full
lower reservoir up to the empty higher reservoir. The following
day, the water in the higher reservoir is released to the lower
reservoir to flow through burbines and generate electricity.
Some facilities employ this two reservoir concept on a weekly
basis, generating power during the week and pumping water back
to the upper reservoir in weekends. Such facilities are called
pumped storage facilities.
III-6S
-------
(1) Federal Agencies Regulating Hydro-Powered Electric
Generation
This part of the report presents the Federal agencies which
regulate the development of hydro-powered electric generating
f acil ities.
111-69
-------
(a) Federal Power Commission
The Federal Power Commission (FPC) issues and administers
permits and licenses for the construction and operation of
non-Federal hydroelectric projects on waters or lands subject
to Federal jurisdiction.
Legal Authority
The Federal Power Commission derives its jurisdiction
over the construction and operation of hydroelectric
projects from the Federal Power Act (16 U.S.C. 792)
Part I, with penalty provisions being contained in
Part III. Regulatory procedures are covered by Title
18 CFR Parts 4, 5, 6, 8, 9, 11, 12, 13, 16, 24, and 25.
Description of the Process
The process of obtaining the necessary permits and
license required from the FPC is presented below. (See
Flowchart E-5)
The first stage of the process is an optional one. Before
obtaining a license to construct and operate a hydro-
powered electric generating facility, the applicant may
apply for a preliminary permit which would allow the
applicant to maintain a priority on the site while
performing a site investigation. This permit ensures
that no action on the specified site may be taken by
another applicant thus preserving the rights of the first
applicant. The preliminary permit application will
contain the applicant's general plan for development.
The preliminary permit, active for 3 years, only maintains
the priority of the applicant to file a license to
construct a hydroelectric facility on that site. The
preliminary permit does not grant permission to investi-
gate the site. Such permission must be obtained from the
landowner or the controlling Federal agency. The pre-
liminary permit may contain requirements that certain
tests be conducted during site investigation.
To gain a preliminary permit, the energy developer must
make an application to FPC. The FPC will make public
notice of the application and will distribute copies of
the application to appropriate advisory agencies. After
a comment period, the Commission decides on the issuance
of a preliminary permit. Environmental Impact Statements
are not prepared in connection with preliminary permits
nor are hearings usually held on preliminary permits.
111-70
-------
The second stage is the application for the required
construction license. The completed application is
received by the FPC and judged for adequacy. If the
application is adequate FPC will make public notice of
the application in a local newspaper and the Federal
Register. Copies of the application are sent to all
appropriate interested agencies, including Federal,
state, local, and regional units of government. The FPC
is required to consult with the U. S. Fish and Wildlife
Service and cognizant State agencies to obtain advice
to be used in considering the application. The Corps
of Engineers reviews all hydroelectric project plans to
determine the potential effects on river stages, discharge,
and flow regimen. Furthermore, the Corps comments on the
construction plan's effect on navigation and flood control.
Comments are solicited for 90 days. During this period,
intervenors can file Petitions to Intervene. The
Commission will either grant or deny permission to
intervene. If permission to intervene is granted, a
hearing before an Administrative Law Judge will be
scheduled. During the comment period and afterward, the
applicant is allowed to answer comments made concerning
his application. Also, the FPC staff decides upon the
need for an Environmental Impact Statement. If a
statement is necessary, the sequence of preparing a draft,
soliciting comments, and preparing a final EIS is
followed. Because it is presented as evidence, the EIS
must be completed for submission at the hearing.
The FPC holds a public hearing before an Administrative
Law Judge. The judge recommends an initial decision which
is not binding on the Commission. The judge can recommend
granting a License to Construct, denying a License, or
granting a License with conditions.
The final decision is up to the Commission. The Commission
may also grant, deny, or grant a license with conditions.
If the applicant is granted the construction license,
the recipient has the authority to construct the facility
in accordance with the terms and conditions of the
license. In making its decision, the Commission must
consider the impact of this new construction on the
comprehensive development of the region. The decision of
the Commission is subject to appeal in the Courts.
I11-71
-------
The FPC conducts an inspection program during construction.
During this period of -time intervenors can petition the
FPC for intervention. However, at this stage, the
License to Construct cannot be rescinded. Intervention
can apply only to the specific issue at hand, which is
usually an interim step required by conditions of the
original license.
Issuables
Preliminary Permit (Optional)
License to Construct
Advisory Agencies
Corps of Engineers
U.S. Fish and Wildlife Service
Forest Service
River Basin Commissions
Affected Federal Agencies
Affected State, regional, local agencies
111-7 2
-------
FEDERAL POWER COMMISSION
CONSTRUCTION AND OPERATION PERMIT
RECEIVE AND
DOCKET
COMPLETE
APPLICATION
APPL (CATION
COPIES OF
APPLICATION
SENT TO
ADVISORY
AGENCIES
COPIES OF
APPLICATION
PUDLIC NOTICE
OF
APPLICATION
FEDERAL
REGISTER
AND LOCAL
NEWSPAPER
INTERESTED
PARTIES
PETITION TO
INTERVENE
PETITIONS TO
IN TEH VEN£
FPC DETERMINES
IIEARINQ
INTERVENTION
TIME FIIAME
JUIMiE
RECOMMENDS
OECkSlON
YES
o
MEANS.
FEOeRAL AGENCY
JURISDICTION ON f EOtRAL LANDS OR
LANOS CONTROLLeO BY A F£0£RaL AGENCY
APPEAL
THItOUGM
COURTS
NO
YES
ISSUE
LICENSE
LICENSE
END OF APPLICATION
END OF APPLICATION
-------
(b) Forest Service
The location of electric generating facilities may require siting
permits or rights-of-way on Forest Serivce (FS) lands. The FS must
approve the siting of any hydroelectric generating facility on FS
1 ands.
Legal Authority
The granting of siting and rights-of-way on FS lands are
governed by Title 36 of the Code of Federal Regulations.
Description of the Process
The first step in the consideration of a site or right-of-
way application is the determination of whether the agency
has jurisdiction over the land (See Flowchart E-7). If
the land is under the control of FS, an Environmental
Assessment Record (EAR) is prepared by the FS. Based on
the findings in the EAR, the FS determines whether or not
the environmental impact is significant enough to require
an Environmental Impact Statement (EIS).
If the FS requires only the EAR, the evaluation of the request
is made on the basis of the content of the EAR and the
advice provided by other agencies who participate in the
review process. If an EIS must be prepared, the lead agency
is assigned and the preparation plan, i.e. the plan of action
to handle the EIS, is drafted. A detailed description of
the proposal and baseline area studies are important for
any EIS. The FS must wait thirty (30) days after the EIS
is submitted to the Council on Environmental Quality (CEQ)
before any decision can be given.
The EAR/EIS process is critical to the protection of the
environment. Once a permit for siting has been given, the
recipient can not, by law, be denied access to the site.
Consequently it is crucial that the FS place stipulations
on the rights-of-way granted to ensure the protection of
the environment. Compliance checks are conducted during
the construction phase to verify the developer's compliance
with the stipulations in the right-of-way.
On FS land, the FS monitors the rights-of-way and enforces
public safety.
Issuables
The FS issues siting permits and rights-of-way.
111-73
-------
Advisory Agencies
Fish and Wildlife Service
III-
-------
FOREST SERVICE
SITING AND RIGHT OF WAY PERMITS
END OF APPLICATION
MEANS:
FEDERAL AGENCY
JURISDICTION ON FEDERAL
LANDS OR LANDS CONTROLLED
BY A FEDERAL AGENCY
-------
(c) Bureau of Indian Affairs
The Bureau of Indian Affairs (BIA) is authorized to approve
rights-of-way for electric power facilities over Indian lands. No
right-of-way is issued over tribal lands, however, without prior
consent of the tribe.
Legal Authority
The regulations governing applications to the BIA are
contained in Title 25 of the Code of Federal Regulations.
Description of the process
The application for a right-of-way is received in the
regional office of the BIA (See Flowchart E-3). The
application is reviewed by the BIA to determine whether or
not an Environmental Impact Statement is necessary. If an
EIS is necessry, the BIA prepares a draft copy of the EIS.
Advisory agencies and interested persons are invited to
comment upon the EIS and public hearings are held. The
findings of the comment period and from the advisory
agencies' reviews are incorporated into the final EIS.
If the BIA determines that the impact of the requested
application is not sufficient to require an EIS, the
decision-making process is based on the findings of the
environmental assessment.
The results of the EIS or the assessment are forwarded to
National for review and comment. The package is then
returned to the regional office with any comments. The
regional office then makes the determination on granting
the right-of-way permit. If the BIA grants the application,
the agency issues a permit.
Issuables
The BIA issues a right-of-way permit
Advisory Agencies
Fish and Wildlife Service
Bureau of Land Management
111-75
-------
BUREAU OF INDIAN AFFAIRS
RIGHT-OF-WAY PERMIT
o MEANS:
FEDERAL AGENCY
« JURISDICTION ON FEDERAL
LANDS OR LANDS CONTROLLED
BY A FEDERAL AGENCY
-------
(d) Federal Aviation Administration (FAA)
Whenever the erection of a tower may be proposed for a location
which may affect air traffic safety, a Notice of Intent to Construct
a Tower must be filed with the FAA.
Legal Authority
The FAA is charged with the responsibility for air safety
by Title 14 of the Code of Federal Regulations.
Description of the Process
If an operator suspects a proposed tower to be under FAA
jurisdiction, he must file a Notice of Intent to Construct
a Tower at least 30 days prior to construction (See Flowchart
E-ll). The FAA then determines whether the proposed tower
would be considered an obstruction to air traffic safety.
This usually takes 2 to 3 weeks. If the proposed tower is
not an obstruction, then the applicant may proceed with
construction.
If it is an obstruction, however, the FAA must decide whether
or not to issue a clearance for the tower. The FAA sends
out notice of the proposed project to interested parties
for comment. This may take up to 8 weeks for a significant
clearance. If the FAA deems a public hearing to be needed,
one will be held and all interested parties heard. The
FAA then reviews the proposal and either issues or denies
the clearance.
Issuables
Clearance for a Tower
Advisory Agencies
Undetermined
111-7 6
-------
FEDERAL AVIATION ADMINISTRATION
TOWER CLEARANCE
END OF APPLICATION
MEANS:
FEDERAL AGENCY
m JURISDICTION ON FEDERAL
LANDS OR LANDS CONTROLLED
BY A FEDERAL AGENCY
-------
(e) Environmental Protection Agency (EPA)
The Environmental Protection Agency has primary
responsibility over issuance of National Pollution Discharge
Elimination System (NPDES) permits. This permit regulates the
quality and quantity of liquid effluencts discharged into rivers
and waterways.
Legal Authority
Under the 1972 amendments to the Federal Water Pollution
Control Act, the discharge of pollutants into the U.S. waters
without an NPDES permit is illegal. This is only applicable
to new source discharges for which EPA effluent emission
quidelines have been developed.
Description of the Process
The EPA has primary responsibility over the NPDES program,
but it may transfer responsibility for the NPDES program
to States which have EPA approved programs (See Flowchart
E-13). Where there are approved State programs, it is the
State procedure which is followed, provided that the State
abides by the same prohibitions against issuing permits that
govern the EPA's decision. The EPA does, however, reserve
the right to deny a permit when a State may grant it. The
EPA may not issue a permit when a State with an approved
program denies the permit.
For a State without an approved program, the EPA receives
the application and engineer's reports directly (See
Flowchart E-13). Other Federal and State agencies that are
interested in the proposed project are sent copies of the
application and comments solicited. A copy of the
application is sent to the State authorities to certify that
the project meets any applicable State standards. If the
proposed project meets the State standards, the EPA must
decide whether it is a major Federal action to issue the
NPDES permit. If so, an Environmental Impact Statement (EIS)
is required and must be prepared.
All information to this point is then analyzed and a
preliminary decision reached. This preliminary decision and
the application are then posted in a public notice, which
is a solicitation for comments from any interested party.
If a public hearing is required, it is held and all interested
parties heard. This additional input is then weighed in
the determination on issuance of the NPDES permit. If the
determination is negative, there are appeal processes
111-77
-------
available through the Administrator of the EPA. If the final
determinatin is affirmative, then the NPDES permit is issued
with a term of up to five years.
Issuables
Environmental Impact Statement
Public Notice of Application and Preliminary Decision
National Pollution Discharge Elimination System Permit
Advisory Agencies
Corps of Engineers
U.S. Fish and Wildlife Service
Bureau of Reclamation
Other agencies as may be interested in either the EIA
preparation or public hearings.
111-78
-------
ENVIRONMENTAL PROTECTION AGENCY
NPDES PERMIT
-------
(2) State Agencies Regulating Hydro Powered Electric Gener-
rating Facilities
This part of the report presents the State agencies which
regulate hydro-powered electric generating facilities.
111-79
-------
COLORADO
-------
Colorado - Public Utilities Commission
The Public Utilities Commission (PUC) has authority over
the construction and operation of electric generating
facilities within the State. This jurisdiction extends to
all electric generating facilities regardless of whether
they are fueled by fossil fuels, nuclear fuel, or hydro
power.
One of the concerns of the Public Utilities Commission is
with the economic feasibility of the proposed project.
That is, what will be the effect of the construction costs
of the new facility on the utilities rate structure and,
ultimately, on the consumers of the utility.
In addition to the construction and operation of the
electric generating facility, the PUC is concerned with
the exploration for, and the development of, coal, oil,
and gas by the utility or subsidiaries of the utility.
The PUC's involvement is not from a regulatory standpoint
over such operations but rather its concern for the
effect of exploration and development activities or the
purchase of fuel on the rate structure of the utility.
THE PUC is not involved with the grantinq of rights-of-way.
All rights-of-way are obtained by the utility from the
owner/controller of the land. The PUC must approve the
route for transmission, however. Any deviations from the
approved routes which are material to the cost of the
project will require a new PUC approval.
Legal Authority
Description of the Process
The Public Utilities Commission receives an applica-
tion from a utility seeking approval for construction
and operation of a generating facility and approval
for the rights-of-way obtained (see Flowchart e-16 )
The application is reviewed by the Commission and
public hearings are scheduled. At the hearings,
the utility, any interested agencies and members of
the public are allowed to testify.
111-81
-------
Following the hearing, the PUC makes the decision
to grant the application ana approve the routes
for the transmission lines. If approval is granted,
the Commission issues a permit which enables the
utility to proceed. During the construction of the
facility, the utility must submit quarterly reports
on construction progress including a comparison of
proposed expenditures to the actuals to date.
Issuables
The Commission issues a Certificate of Public
Convenience and Necessity.
Advisory Agencies
State Land Use Commission
Department of Health.
III-8 2
-------
COLORADO PUBLIC UTILITIES COMMISSION
D
END OF PROCESS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STA TE OR PRIVATE LANOS
OR LANDS WHICH REQUIRE
RESOURCES (such as W3terl
CONTROLLED BY FEDERAL
OR STA T£ AGENCIES
OR PRIVA TE INDIVIDUALS
-------
Colorado Division of Water Resources
The Division of Water Resources is responsible for
administering the use of water in the State. This is
accomplished directly in the case of surface water and
tributary gound water by the State Engineer, who is
the Director of the Division; and, by the Ground Water
Commission in the case of non-tributary designated
ground water areas. The Division staff also serves as
the staff for the Ground Water Commission. water rights
are obtained by decrees from the water courts generally
following the axiom that the oldest right is the best
right. In the designated ground water basins, the
Ground Water Commission established priority lists of
water users based on dates of initiation of uses.
In conjunction with the administration of water rights,
the Division issues permits to drill water wells through
an evaluation process which determines: (1) whether
water is available for the proposed use, and (2) whether
vested water rights will be materially injured.
Reviews are also made by the Division to determine
possible adverse effects on vested water rights for
proposals to: (1) dispose of mine tailings, (2) operate
mine reclamation projects, (3) operate salt water
disposal wells from oil and gas operations, and (4)
develop ceothermal resources.
The State Engineer and the Division of Water Resources,
acting through the Board of Examiners for Water Well
Drilling Contractors, exercises additional administra-
tive control of water resources by the licensing of water
well drillers and through rules and regulations govern-
ing water well construction and test hole drilling.
The Division of Water Resources may also review and
grant temporary approval for plans of augmentation
submitted by water users. Energy development projects
typically require large amounts of water, and in the
case where this water is tributary ground water, the
augmentation plan must detail how the new users will
obtain and return a sufficient supply of water to the
total system to remedy any injury that may result to
any senior water rights from his use.
Legal Authority
The Divison of Water Resources ana the Office of the
State Engineer operate under the authority granted
111-83
-------
by Articles 37-90, 37-91 and 37-92 of the
Colorado Revised Statutes, 1973. The first
article, 37-90, covers designated ground water
areas and the Ground Water Commission's juris-
diction. The second article, 37-91, deals with
the Board of Examiners for Water Well Drilling
Contractors, and the third article, 37-92, deals
with surface and tributary ground waters. The
Division's authority to grant temporary approval
for plans of augmentation is found in Section
37-92-307, C. R. S., 1973. Responsibilities in
the field of geothermal resources are set forth
in Article 37-70, C. R. S., 1973. Additional
duties and responsibilities of the State Engineer
are found in Article 37-8 0, C. R. S., 197 3.
Description of the Process
Applications for permits to drill water wells are
submitted to the Division of Water Resources (see
flow chart E-22 ) or to the Ground Water Commission,
through the staff of the State Engineer, in the
case of designated basins. The staff reviews the
applications for completeness and in the case of
complete applications, evaluates the same with
consultation, if needed, with advisory agencies
to determine whether the application can be
approved. The decision is made by the State
Engineer. Any applicant whose request has been
denied by the State Engineer may request a hearing
through an administrative appeal process. Ulti-
mate relief of an appeal of any action by the
Division or the State Engineer can be found in
the appropriate court. Applications in designated
ground water areas, if recommended for approval by
the staff, are published so that interested parties
may file an objection with the Ground Water
Commission.
Plans for augmentation are submitted simultaneously
to the Division of Water Resources and to the water
court. The Division of Water.Resources reviews
the plan for completeness and, in conjunction with
consultation with advisory agencies, if needed,
determines whether or not the plan can be approved.
The application made to the court is published so
that interested parties are given the opportunity
to file an objection with the court. The final
decision as to whether or not the plan can be
approved rests with the water court.
111-84
-------
Issuables
Issues a permit to drill a water well.
Licenses water well drillers.
Grants temporary approval for plans for
augmentation, and
Acting for the Ground Mater Commission,
issues a permit to drill a well and to
appropriate designated ground water.
Advisory Agencies
Water Conservation Board
Oil and Gas Commission
Mine Reclamation Board
Water Quality Control Board
State and County Health Boards
111-85
-------
COLORADO DIVISION OF WATER RESOURCES
nElURNIO ENDOF
APPLICANT PROCESS
MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STA TE OR PRIVATE LANDS
0 OR LANOS WHICH REQUIRE
RESOURCES (such as wsterl
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVATE INDIVIDUALS
-------
Colorado - Department of Health, Air Pollution Control
Division
The Air Pollution Control Division is charged with
developing and maintaining a comprehensive program for
the prevention, control, and abatement of air pollution.
The Division develops and promulgates ambient air
quality standards and may issue cease and desist orders
where emergency pollution exists.
Legal Authority
The Air Pollution Control Division derives its
authority from the Air Pollution Control Act of
1970, State of Colorado, Section 25-7. The rules
and regulations governing the administration of
this act are contained in the "Statements of Policy
by the Division", "Common Provisions Regulations",
and Regulations 1 through 9 of the Division.
Description of the Process
The State does not allow the construction or opera-
tion of any new direct air contamination source
without first obtaining or possessing a valid
emission/permit. Any significant alteration of a
source must be filed with the Divison. Following
the receipt of an application for such a permit,
the Division must determine if the application is
comDlete. The application is reviewed to determine
the effect of this new source on the air quality of
the area. Following this review the preliminary anal-
ysis of the effect of the direct source upon the
ambient air quality and the extent of emission control
are made available to the public. (See flowchart E-18 )
If the application warrants public comment, a copy
of the preliminary analysis and the application are
filed with the appropriate county clerk and pub-
lished in a local paper. Following the receipt of
comments, the Division makes the determination
whether or not to approve the application. If the
application is denied, the applicant may request
a conference with the Division and a hearing. If
the application is approved, the permit is granted
and the applicant nay proceed.
The approval to proceed does not, however, consti-
tute final approval. Prior to the operation of the
facility the developer must give notice to the
Division.
111-86
-------
The Division then conducts an inspection to deter-
mine if the operating facility meets the standards
projected in the application. If the standards are
met, a final approval is granted.
The Division conducts on-goinc inspection efforts
to ensure that standards are maintained during the
operation of the project.
Issuables
The Air Pollution Control Division issues the
following permits which are relevant to a developer
of an energy facility:
Stationary Sources Air Emission Permit
Open Burning Permit
Fugitive Dust Permit
Advisory Agencies
Environmental Protection Agency
Parties who are interested in the impact
of fugitive dust or air emissions.
111-87
-------
COLORADO DEPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
On LANDS WHICH REQUIRE
RESOURCES (iuch ,u water}
CONTROLLED BY FEDERAL
On STATE AGENCIES
on Pfll VA TE INDIV/OUALS
HF HJIIN lO
AI'I'IICANI
end or
PIIOCESS
-------
Colorado Department of Health: Water Quality
Control Division
The Water Quality Control Division is charged with
adopting a comprehensive program for the prevention,
control and abatement of pollution of the waters of
the State. The Water Quality Control Division promul-
gates rules, regulations, and standards of water quality
and waste discharge and may issue cease and desist
orders for violations.
Legal Authority
The Water Quality Control Division operates
under the authority of the Colorado Water Quality
Control Act (C.R.S., 1963, 66-28-101, et. seq.).
Description of the Process
No one is allowed to discharge any pollutant
into any State water from a point source without
first having obtained a permit from the Division
for such discharge.
Applications for permits are filed with the Divi-
sion (See Flowchart e-2(J Once the application is
received, the Division must determine if the
application is complete. If complete, a draft
permit is prepared. If the application is not
for a point source discharge, the Division investi-
gates and evaluates the application and prepares
a letter of Certification to be forwarded with
the application to the Corps of Engineers. For
a point source, the Division sends copies of the
draft permit to interested parties and invites
response within 30 days. Public notification of
the application is nade, and if the response
warrants, public hearings are held with all the
information at hand. The Division decides whether
or not to issue the permit. Either way, the
aggrieved party has the right to appeal.
Issuables
Permit for point source discharge
Letter of certification to U.S. Army Corps
of Engineers.
111-88
-------
Advisory Agencies
Environmental Protection Agency
U.S. Army Corps of Engineers
HI-89
-------
RECEIVE
APPLICATIONS
APPLICATION
DRAFT
PERMIT
PERMIT
- DRAFT
RETURN APPLICATION
TO SENDER
<
IS THE
APPLICATION
FOR POINT
SOURCE ?
INVESTIGATE
81
EVALUATE
ISSUE LETTER
OF
CERTIFICATION
TO CORPS OF
ENGINEERS
FORWARD TO
CORPS OF
ENGINEERS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCA TED ON FEDERAL.
ST A TE OR PRtVA TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (mch as waterf
CONTROLLED BY FEDERAL
OR ST A TE AGENCIES
OR PRIVAIE INDIVIDUALS
COLORADO DEPARTMENT OF HEALTH
WATER QUALITY CONTROL DIVISION
LETTER OF
CERTIFICATION
ACCEPT & REVIEW
COMMENTS
DECIOE IF HEARING}
IS NEEDED
MOLD
PUULIC
HEARINGS
REVISE TO
REFLECT
COMMENTS OF
HEARING
«'F.nMir roR
POINT SOURCE
DISCHARGE
^
AGGRIEVED
PAI1TY IS
HEARD &
PROHLEM
RESOLVED
/
E-21
-------
MONTANA
III-
-------
.Montana - Department of State Lands
Legal Authority
The Department of State Lands is responsible for
leasing of all State lands under the Revised
Codes of Montana, 1947, as amended.
Description of the Process
There are two methods of obtaining a lease on
State land in Montana, either through competitive
bidding for a lease or through an award as the
first qualified bidder (See Flowchart E-2^ ).
Generally, the competitive bid procedure is utilized
for lease of lands with known resources and non-
competitive award for unknown lands.
When an application for a State land lease is
received, it is first determined whether the land
in question is subject to competitive bidding. If
so, availability is posted and bids accepted. The
lease is then awarded to the highest bidder. In
the case of non-competitive land, the award is to
the first qualified bidder. Once an award is made,
the Department decides whether or not to issue the
lease. The land is usually not retracted. An
on-site field inspection is required before issuance
of the lease. When the lease is issued, the success-
ful applicant must furnish a safety bond to the
State.
Issuables
Lease
Bond.
Advisory Agencies
111-91
-------
MONTANA DEPARTMENT OF STATE LANDS
A MEANS
STA TE AGENCY
0 JURISDICTION ONLY ON
STA TE LAND
-------
Montana Department of Health and Environmental Sciences -
Air Quality Bureau
Legal Authority
Responsibility for, and jurisdiction over control
of air pollution sources in Montana are given to
the Department of Health and Environmental Sciences
by the Clean Air Act of Montana. The Air Quality
Bureau (AQB) handles air pollution and discharges
for the Department.
Description of the Process
The applicant must file with the AQB a Notice of
Intent to Construct which notifies the AQB that there
will be a new contributor of air pollution. Usually
plans and specifications are filed with the Notice.
The Bureau then reviews and evaluates the proposed
project, accepting input from interested agencies.
If the project will have a significant impact, an
Environmental Impact Statement is required to be
prepared.
With the analysis prepared as required, the Bureau
makes its preliminary decision and issues public
notice of the intended decision. Comments are there-
by solicited from the public, which are reviewed and
evaluated. If public remarks warrant, public hearings
may be held in which all interested parties are heard.
After all facts are gathered and all parties heard,
the Bureau then reaches its final determination to
either approve or deny the proposed project. If the
project is approved, written notice is sent to the
applicant (See Flowchart E-26 j .
Issuables
Public Notice of Intended Decision
Written Approval of Proposed Project
Environmental Impact Statement
Advisory Agencies
111-92
-------
MONTANA DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES
AIR QUALITY BUREAU
MEANS
STATE AGENCY
authority ove r projects
l OCA TED ON FEDERAL.
STATE OR PRIVATE LANDS
« OR LANDS WHICH REQUIRE
RESOURCES (ii>Ch xt vntitrf
CONTROLLED BY FEDERAL
OR STAFf AGENCIES
OR PRIVATE INDIVIDUALS
PUBLIC NOTICE
IN NEWSPAPER
punnc
COMMENIS
HOLD
PUBLIC
HEARINGS
M-
EVALUATE 8.
ItEACM FINAL
OEICRMtNMtON
PROPOSAL
-------
Montana - Department of Natural Resources and
Conservation Water Resource Division
Legal Authority
The responsibility and authority for jurisdiction
over all water in Montana is granted to the Depart-
ment of Natural Resources by Montana Water Law
Chapters 8 and 29. All water, wherever found, is
under control of the Department.
Description of the Process
A permit is required for any new appropriation of
water, or construction of any diversion, impound-
ment, withdrawal or distribution works unless the
project is exempted. A project is exempted if it
is well outside the boundaries of a controlled
ground-water area with a maximum yield of less
than 100 gallons per minute. For an exempted well,
within 60 days of completion of the well, the
Division must receive notice of completion of the
well, after which a Certificate of Water Right will
be issued.
Unless the project is exempted, an application for
permit must be filed with the Division (See Flow-
chart E-28) . Public notice of the application is
published for three consecutive weeks m a newspaper
in the area of the proposed water source. After
the public notice, 30 to 60 days is allowed for
receipt of objections to the project. The Division
determines whether the objections warrant public
hearings and hold the hearings if needed.
The proposed project is then evaluated and a decision
is reached to issue or deny the permit. If the
decision is to deny, the applicant may appeal to the
Division for reconsideration. If the final decision
is to issue the Permit, then the Permit is issued.
Notice of completion must be filed within the pre-
scribed time after the permit is issued or any authorized
extension thereof. A Certificate of Water Right is
issued if the project has been completed in substan-
tial accordance with the permit. A Certificate of
Water Right cannot be issued however until a general
determination of existing rights in the source has
been completed.
111-93
-------
Existing Water Rights
An existing water right is a right to the use of
water which would be protected under the law as it
existed prior to July 1, 197 3. Water use for energy
development may require the use of water for which
a water right has been established. If a change of
piace of use, place of diversion, purpose of use, or
place of storage is contemplated, pursuant to 89-892,
R.C.M. 1947, application must be made and authoriza-
tion received from the DNR&C. The severance or sale
of a water right, pursuant to 89-893, R.C.M. 1947
also requires authorization by the department. Pur-
suant to the section cited, notice, hearing, etc.
are conducted as per applications for water use
permits.
Issuables
Application for Permit to Appropriate Water
Permit to Appropriate Water
Certificate of Water Right
Completion Report of Water Development
Authorization of Change of Existing Water
Right.
Advisory Agencies
None
111-94
-------
MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
WATER RESOURCES DIVISION
RECEIVE
APPLICATION
Fon
PERMIT
VLS
PROCEEDWITH
WELL
COMPLETE
APPLICATION
FILE NOTICE OF
NOTICE OF
COMPLETION
OF WELL
COMPLETION
PUBLIC
NO! ICE
OF
APPLICATION
PUDLIC NOTICE
IN NEWSPAPER
of source
AREA
RECEIVE
OBJECTIONS
(IF ANY!
ISSUE
CERTIFICATE
SI ATE AGENCY
AUTHORITY OVER PROJECTS
LOCA TED ON FEDERAL,
ST A TE OR PRIVA TE LANDS
OH LANDS WHICH REQUIRE
RESOURCES (iuch .u *vjter)
CONTROLl ED RY FEDERAL
OH STATE AGENCIES
OR PRIVA TE INOi VIDUALS
END OF
APPLICATION
SOURCE ISA WFLL
NOT IN CON 1 nOl LCD GROUND WAIF fl AREA WITH
MAXIMUM YITLD LESS THAN 100 GI'M
-------
Montana-Department of Natural Resources and Conservation:
Energy planning Division
Legal Authority
The Montana Major Facility Siting Act grants the
Department of Natural Resources and Conservation
jurisdiction over any facility designed for, or capable
of, generating 50 megawatts of electricity or more, or
any addition thereto having an estimated cost in excess
of $250,000 and related transmission lines.
Description of the process
No facility under this jurisdiction may be built
without first applying for an receiving a Certificate
of Environmental Compatability and public Need, upon
receipt of the application, the Division begins the
review, evaluation, and study of the proposed project
(See Flowchart E-30 ). This study is allowed up to
two (2) years and encompasses an environmental and
economic assessment of the project. After completion
of the study, the Division presents its report of all
findings and recommendations to the Board of Natural
Resources and Conservation. The Board invites input
from all interested State advisory agencies.
Within four (4) months, the Board holds public
certification hearings to accept additional input to
the evaluation. Within three (3) months after the end
of the hearings, the Board issues its opinion and
decision on the issuance of a Certificate for the
project. Any aggrieved parties may petition to the
State district courts for appeal.
When the final determination is reached, either the
project is issued a Certificate of Environmental
Compatability and Public Need and may proceed or it
is denied a Certificate and is terminated.
Issuables
Application for Certificate of Environmental
Compatability and public Need
Division Report on project (Environmental and
Economic Assessment)
Certification Hearings
111-95
-------
Opinion for Determination
Certificate of Environmental Compatability and
Public Need
Advisory Agencies
Department of Health and Environmental Sciences
Department of Highways
Department of intergovernmental Relations
Department of Fish and Game
Department of Public Service Regulation.
111-96
-------
MONTANA DEPARTMENT OF NATURAL RESOURCES
AND CONSERVATION
ENERGY PLANNING DIVISION
A MEANS
STATC AGENCY
m JURISDICTION ONL Y ON
STA TE LAND
REACH
DETERMINATION
ON APPLICATION
CERTIFICATE OF
ENVIRONMENTAL
COMPATA0ILITY
& PUBLIC NEED
APPEAL THROUGH
YES
STATE DISTRICT
counis
ISSUE CERTIFICATE
ANO OPINION
FOR DETERMINATE
OENY CERliriCATC]
& ISSUE OPINION
FOR DETERMINATION
UTt
' I
mor>
.J
END OF AI'HLICA I ION
-------
Montana-Division of Health; Water Quality Bureau (WQB)
Legal Authority
Responsibility for, and authority
air pollution sources in Montana
Division of Health by Chapter 69-
1 aws.
Description of the process
The applicant must file with the WQB a Notice of intent
to Construct which notified the WQB that there will
be a new contribution to water pollution, usually plans
and specifications are filed with the Notice. The Water
Quality Board notifies the Environmental Protection
Agency of the receipt of the application. The Bureau
then reviews and evaluates the proposed projects,
accepting input from interested agencies, (See
Flowchart E~^2 }.
The Bureau makes its preliminary decision and issues
public notice of the intended decision. Comments are
thereby solicited from the public. These comments are
reviewed and evaluated, if public remarks warrant,
public hearings may be held in which all interested
parties are heard.
After all facts are gathered and all parties heard,
the Bureau then reaches its final determination to
approve or deny the proposed project. Written notice
of the decision is mailed to the applicant and to the
EPA.
issuables
Public Notice of Intended Decision
Written Approval or Disapproval of proposed
Project
Advisory Agencies
Environmental protection Agency
over the control of
is given to the
4800 of the Montana
111-97
-------
MONTANA DIVISION OF HEALTH
WATER QUALITY BUREAU
[~^> MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCA TEU ON FEDERAL.
STATE OR PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (iucft tt tvsierl
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PHIVAIE INDIVIDUALS
NOlirY EPA
OF DECISION
i
-------
(c) NORTH DAKOTA
111-93
-------
North Dakota -
Public Service Commission
The Public Service Commission in North Dakota has
responsibility for regulating several energy development
categories within the State. The Commission issues permits
for the mining of coal and for the reclamation which must
follow. In addition, the Commission is responsible for the
administration and enforcement of the North Dakota Energy
Conversion and Transmission Facility Siting Act. In this
capacity, the Commission must grant certificates of site
compatability for energy conversion facilities, energy
transmission facilities, and route permits for facilities
in transmission corridors.
Legal Authority
The authority for the Commission to regulate the siting
of energy facilities is granted by the North Dakota
Energy Conversion and Transmission Facility Siting Act,
Chapter 49-22 of the North Dakota Century Code. The
regulations governing the Commission's actions under
this legislation are continued in "Rules and
Regulations of the North Dakota Public Service
Commission Governing the Siting of Energy Conversion
and Transmission Facilities" which were adopted
December 23, 1975.
Description of the Process
Following the recent application for site
compatability, the Commission must make two
determinations as to completeness (See Flowchart E-34) .
Along with an examination to determine if all of the
requirements of the Commission have been met, the
Commission must determine if all other required permits
have been obtained by the developer and if the developer
has filed a letter of intent. Any developer seeking
a site compatability permit must file a letter of intent
with the Commission one (1) year prior to the filing
of an application, unless a shorter time is approved
by the Commission.
If the determination is made that the application is
complete, the application is reviewed by the Commission.
One of the purposes of this review is to ascertain
whether the proposed site for the facility is in a
constraint area. If the site is in a constraint area,
the next determination is whether the site is an
exclusion area or an avoidance area. If the area has
111-99
-------
been designated as an exclusion area, the developer
is prohibited from building his facility. If the area
has been designated as an avoidance area, the developer
may build the facility only if he is able to demonstrate
a compelling reason for locating on that site.
Should the application process continue, the next step
is for the Commission to schedule and hold a public
hearing. At this hearing, both advisory agencies and
members of the public may be heard. Following the
hearings, the Commission assembles the results and
evaluates its findings. If the Commission decides to
grant the application, the permit is issued and
development may proceed. Appeals to decisions of the
Commission may be filed in the district court.
Issuables
The Commission issues a Certificate of Site
Compatability.
Advisory Agencies
Water Commission
Soil Conservation Committee
State Game and Fish Department
Natural Resources Council
Planning Division
Regional Environmental Assessment Program
Business and Industrial Development Commission
III-lOO
-------
NORTH DAKOTA PUBLIC SERVICE COMMISSION
CONTROLI ED BY FEDEflAL
OR STATE AGENClCS
OR PRIVATE INDIVIDUALS
-------
North Dakota - Water Commission
The State Engineer administers the Water Rights Program for
the State Water Commission. The State Engineer issues
permits for the appropriation and use of water within
North Dakota. The authority of the Commission covers all
water in the State, whether it is associated with the
Federal Government, the State, or private land owners.
If the water in question is, for example, under the control
of a Federal agency, the developer must obtain a permit
from the Federal agency and the Engineer. Along with
the permit to appropriate and use water, any energy developer
who plans to construct a dam or a storage reservoir which
is capable of impounding more than 12.5 acre-feet of water
must obtain a permit from the Commission prior to
construction.
Legal Authority
The authority of the Commission and State Engineer
over water resources within the State is granted
by Chapter 61-02 and 61-04 of the North Dakota
Century Code. The regulations governing the
activity of the Commission are stated in "Circular
of Instructions Relative to Appropriation and Use
of Water" published in June, 1974.
Description of the Process
Following the receipt of the application, the
Engineer assigns a priority date to the application
(See Flowchart E-36)# state law recognizes the concept
of prior appropriation of water, consequently the
date of the application becomes important should a
conflict develop. Once the priority date has been
assigned, the Engineer reviews the application for
completeness. If the application is complete, the
Engineer reviews the application to determine if
there is unappropriated water available and if the
application is in the public interest. If the Engineer
determines that the answer to both of these questions
is "yes", the Engineer schedules a hearing. While a
hearing is required for all water applications, now
that the siting legislation requires a hearing,
hearings for water use related to a facility which
requires a siting permit are held jointly with the
Public Service Commission. Once a hearing has been
scheduled, the applicant must give notice of the
III-101
-------
hearing to owners of land within a mile radius of
the location and publish a notice in a newspaper of
general circulation within the area.
At the hearing, testimony is heard from any agency or
member of the public wishing to speak. Following the
hearing, the Engineer evaluates the evidence and
makes a determination on the application. If the
application for water is granted, the applicant
receives a Conditional Water Permit. Once the water
is applied to a beneficial use, the applicant receives
a Perfected Water Permit. For a dam, the applicant
receives a construction permit and a permit to
appropriate water.
Any action of the Engineer or Commission may be
appealed through the District Court.
Issuables
The Engineer and/or Commission issues:
Conditional Water Permit
Perfected Water Permit
Dam Construction Permit
Advisory Agencies
III-102
-------
NORTH DAKOTA WATER COMMISSION
-------
North Dakota - Department of Health; Air Quality Division
The Air Quality Division of the Department of Health plays
three important regulatory roles in energy development
within the State. The Division:
Regulates air pollution in the State and is responsible
for maintaining air quality
Functions as the nuclear regulatory agency in the State
and is responsible for monitoring radioactive
materials. This is done under an agreement with the
Nuclear Regulatory Commission. Consequently, the
Division functions as the NRC in North Dakota
Regulates solid waste disposal. In this capacity, the
Division is responsible for monitoring such problems
as oil spills at production sites.
These are two Air Quality Maintenance Areas (AQMA's) which
have been designated within the State.
Legal Authority
Description of the Process
Upon receipt of the application, the Division makes a
determination as to completeness of the application
(See Flowchart e-38 ) If the application is complete,
the Division conducts a preliminary review. Following
the review, the Commission conducts an inspection of
the proposed site for construction. This inspection
is conducted to determine the additive effect of the
new source of air pollution on the site. If the sits
is found to be unacceptable, the developer must either
improve his controls to reduce the emissions or find
a new site. If the developer chooses to find a new
site, the application is resubmitted.
If the site is found acceptable, the Division evaluates
its findings. Based on this evaluation, the Division
publishes a public notice of its intent to approve or
disapprove the applications. This public notification
is given to provide the public with the opportunity
III-104
-------
to give comments to the Division. Following the receipt
of the public comments, the Division assesses all the
material received ana makes its decision. If the
decision is affirmative, the Division issues a permit
to construct. This permit is generally issued with
conditions or standards which the developer must meet.
Following construction, the developer is allowed a
trial operation period. During the trial operation
period, the Division conducts a test to ensure that
standards are met. These teats are done during a one
year pre-operation period and a two year post-operation
period. If the facility meets the standards, a three
year operating permit is issued. Each permit must be
renewed every three years. The Division conducts
compliance inspections during the operation of the
fac ility.
Issuables
The Division issues:
Construction Permit
Fugitive Dust Permit
Operation Permit
Radioactive Material Permit
Solid Waste Disposal Permit
Advisory Agencies
Environmental Protection Agency
Nuclear Regulatory Commission
State Planning Agency
Regional Environmental Assessment Program
III-105
-------
NORTH DAKOTA DEPARTMENT OF HEALTH
AIR QUALITY DIVISION
RECEIVE
APPLICATION
AIVI ICATION
REVIEW
APPLICATION.
CONDUCT
SITE INSPECTION
h
D
ISSUE
OPE RATING
PERMIT
OPERATING
PERMIT
STATE AGCNCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STA TE OR PR! VA TE L ANOS
OR LANDS WHICH REQUIRE
RESOURCES Imch as wjteri
CONTROLLED BY FEDERAL
OR STA TE AGENCIES
OR PRIVA TE INDIVIDUALS
EVALUATE
PURLISH
SOL ICIT
APPLICATION
_
NOriCE OF
puni.ic
AND I'lNDINUS
INTENT
COMMENIS
NOTICE OF
INTENT
RECEIVE
PUULIC
COMMENTS
PLU1LJC
COMMENTS
CONSTRUCTION
MAY
PROCEED
ISSUE
PERMIT TO
CONSTRUCT
WITH
STIPULATIONS
PERMIT AND
STIPULATIONS
END OF PHOCrSS
-------
Mortn Dakota - Department of Health: State Water Pollution
Prevention Agency
The State Water Pollution Prevention Agency is charged with
the responsibility to protect, maintain, and improve the
quality of water in North Dakota. In this capacity the
Agency must monitor all water emissions from any energy
development activity and ensure that all waste water
treatment facilities meet the standards of the Agency prior
to construction.
Legal Authority
The Agency operates under the authority of Chapter 479,
Sections 61-28-01 through 61-28-08, of the North Dakota
Century Code effective July 1973 and Amendments 61-
28-02, 61-28-04, and 61-28-06 effective January 1975.
The regulations governing the actions of the Agency
are contained in "Standards of Surface Water Quality
for the State of North Dakota," published by the
Department of Health.
Description of the Process
Following the receipt of the application, the Agency
makes a determination as to its completeness (See
Flowchart E-40) . if the application is complete, the
Agency reviews the plans and specifications for the
project to determine if the effluents from the project
will meet the State standards. If a retention pond
is employed in the energy development project, the pond
must be sealed to prevent contamination of ground water.
After an analysis of the specifications for the project
are made, the Agency determines if the State standards
are met. The State generally employs the water quality
standards employed by the Environmental Protection
Agency. However, there are some instances where the
State standards are more strict. If the State standards
are met, the Agency issues a permit. Following the
commencement of operation, the developer must monitor
his waste water. This self-monitoring with regular
reporting to the Agency is done to insure that the
standards continue to be met.
The Agency issues no permit for longer than five (5)
years. Currently, however, no permits are being issued
for a time period beyond 1980.
III-106
-------
Issuables
The Agency issues:
Construction permit
Operation permit
Advisory Agencies
Environmental Protection Agency
Water Commission
State Game and Fish Department
III-107
-------
NORTH DAKOTA DEPARTMENT OF HEALTH
STATE WATER POLUTION PREVENTION AGENCY
E-40
RL'CEIVE
APPLICATION
AND PLAN
APPLICA T ION
AND
PLAN
ISSUE
PERMIT
coNsrnucT
ANO OPERATE
TACILITY
ntctivE
repohis
rnoM
OEVELOPEH
E-41
REPORTS
D
nETURN lO
APPLICANT
END OF PROCESS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL,
STA TE OR PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES iiuch 41 wste/f
CONTROLLED BY FEDERAL
OR 5 TA TE AGENCIES
OR PRfVA TE INDIVIDUALS
-------
SOUTH DAKOTA
III-108
-------
South Dakota - Office of Cultural Preservation
The Office of Cultural Preservation operates to mitigate
the damages of any energy development activity which may
have an effect on archaeological sites or areas of historical
significance. Any project which is Federally funded,
assisted, licensed, or approved must report to the Office.
The State Legislature has extended the authority of the
Office to State land and, if the owner has registered with
the State, to private lands within the State.
Legal Authority
The Office of Cultural Preservation is authorized by
the National Historic Preservation Act (P. L. 89-665),
Executive Order 11593, and the South Dakota State
Antiquities Law (SDCL 1-20-17 through SDCL 1-20-37),
in conjunction with the National Environmental Policy
Act.
Description of the Process
Any project in the State which is Federally funded,
assisted, licensed, or approved must have a plan
filed with the State Office of Cultural Preservation
(See Flowchart E42 ). The Office reviews the pro-
posed plan and makes a determination. The project
may either have no effect on the significance of the
area, have a positive effect on the area, or have an
adverse effect. If the Office concludes there will
be no adverse effect, documentation of such is sent
to the President's Advisory Council for concurrence.
If the Council does not concur, the same procedure
as for an adverse effect is followed. If the
project will have an adverse effect, the Office
will advise the developer that a study must be
conducted to detail the effects. The Office will
conduct the study for the developer; however, the
developer is free to have his study conducted by a
qualified party of his own choosing. In either
case, the developer must pay the costs of the study.
The object of this entire effort is to preserve
areas or items of historical or archaeological
significance. When the project is site specific,
for example a coal mine, the Office attempts to
prohibit all development from proceding until any
area, building, and so forth have been moved or had
their significant articles salvaged before develop-
ment proceeds. Where it is possible to shift the
location of the facility, for example a generating
plant, the Office will encourage such action.
III-109
-------
Issuables
The Office issues approval for the compatability of
the development project wi'tn the archaeological or
historical heritage of the State.
Advisory Agencies
State Planning Bureau
Department of Natural Resource Development
Energy Policy Office
Department of Environmental Protection
President's Advisory Council
ili-UO
-------
SOUTH DAKOTA OFFICE OF CULTURAL PRESERVATION
RECEIVE
PLAN FOR
DEVELOPMENT
1)1". VEI.OPMEN T
I'LAN
ADVISORY
AGENCIES
SEND
DOCUMENTATION
TO PRESIDENT'S
ADVISORY COUNCIL
FOR REVIEW
ADVISORY
COUNCIL
ONCURS7
NOTIFY
DEVELOPER OF
ADVERSE
EFFECT
NO
OFFICE
CONDUCTS
STUDY
DEVELOPER
MAS STUDY
DONE
PLAN PRF.PAF1ED
TO MITIGATE
ADVERSE
EFFECTS
MITIGATION
PLAN
MEANS
STATE AGENCY
AUlHOmTY OVER PROJECTS
LOCA TED ON FEDERAL.
ST A TE OR PRIVA TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES Isuch as water)
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVA TE INDIVIDUALS
OFFICE
RECEIVES
PLAN WITH
NEW ACTIVITIES
E
APPROVAL
AI'l»nOVAL
GIVEN tlY
OFFICE
^
-------
South Dakota -
Public Utilities Commission
The State of South Dakota has no siting legislation,
consequently the Commission has no authority over the siting
of facilities or transmission lines. The Commission has
recently received authority to determine public convenience
and necessity. This authority, however, is so new that the
Commission is somewhat uncertain as to the scope of its
author ity.
The focus of the Commission's authority is on the rate
structure of utilities. For any utility which derives
twenty-five percent (25%) or more of its revenue from South
Dakota, the Commission must approve the financing mix for
any new facilities.
Legal Authority
The authority of the Commission is granted by Chapter
49-34A of the 5DCL. The regulations governing the
activities of the Commission are contained in "Public
Utilities Commission of the State of South Dakota
Procedure Rules of the Public Utilities."
Description of the Process
Following the receipt of the financing description of
any new construction by a utility, the Commission must
make two determinations. First, does the utility derive
twenty-five percent (25%) or more of its revenue from
South Dakota. If the answer to this question is "no,"
the Commission has no jurisdiction.
If the answer is "yes," the Commission must determine
if the financing proposal follows the regulations of
the Securities and Exchange Commission. If this
determination is affirmative, the Commission reviews
the proposal. Should the financing of the new facility
not adversely effect the utility's rate structure, the
Commission will approve the proposal. (See flowchart E-44)
Issuables
Approval of the financing plan.
Advisory Agencies
Ill-Ill
-------
South Dakota -
Public Utilities Commission
The State of South Dakota has no siting legislation,
consequently the Commission has no authority over the siting
of facilities or transmission lines. The Commission has
recently received authority to determine public convenience
and necessity. This authority, however, is so new that the
Commission is somewhat uncertain as to the scope of its
author ity.
The focus of the Commission's authority is on the rate
structure of utilities. For any utility which derives
twenty-five percent (25%) or more of its revenue from South
Dakota, the Commission must approve the financing mix for
any new facilities.
Legal Authority
The authority of the Commission is granted by Chapter
49-34A of the SDCL. The regulations governing the
activities of the Commission are contained in "Public
Utilities Commission of the State of South Dakota
Procedure Rules of the Public Utilities."
Description of the Process
Following the receipt of the financing description of
any new construction by a utility, the Commission must-,
make two determinations. First, does the utility derive
twenty-five percent (25%) or more of its revenue from
South Dakota. If the answer to this question is "no,"
the Commission has no jurisdiction.
If the answer is "yes," the Commission must determine
if the financing proposal follows the regulations of
the Securities and Exchange Commission. If this
determination is affirmative, the Commission reviews
the proposal. Should the financing of the new facility
not adversely effect the utility's rate structure, the
Commission will approve the proposal. (See flowchart E-44)
Issuables
Approval of the financing plan.
Advisory Agencies
III-112
-------
SOUTH DAKOTA PUBLIC UTILITIES COMMISSION
RECEIVE
riNANCING
PROPOSAL
OOFS
^ /COMMISSION
"" ^HAVE
JURISDICTIONS
DOES
PROPOSAL
FOLLOW SEC '
FORMA! ?'
financing
PROPOSAL
COMMISSION
flE VIEWS
AND
EVALUATES
,
APPHOVAL
GnANIto
ADVISORY
AGENCIES
APPROVAL
MEANS END Or PROCESS Of" TURN END OF PROCLSS
IO
0 STATE AGENCY APPLICANT
« AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL,
S TA TE OR PR! VA T£ L ANOS
0 OR LANDS WHICH REQUIRE
RESOURCES (iuch .w wntef)
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRtVA TE INDIVIDUALS
-------
South Dakota - Deoartment of Environmental Protection
The South Dakota Department of Environmental Protection is
responsible for maintaining the quality of the air and water
within the State and for monitoring hazardous and solid
waste discharges. For air emissions and solid waste,
the Department must issue a permit. The Department has
not concluded an agreement with EPA at this time which
will enable the Department to issue- wastewater discharge
permits under the National Pollutant Discharge Elimination
System. Currently the Department cooperates with the
EPA on the issuance of all such permits. On October 1,197 6,
however, the Department will certify the federally-issued
permits.
In addition, the State now requires that any State agency
which takes a significant action must file an environmental
impact statement with the Department. Actions of State
agencies such as the issuances of licenses and permits may
be considered significant State actions. The final
statement of any agency must be filed with the Department
at least thirty (30) days prior to the beginning of any
activity resulting from the State action.
Legal Authority
The Department operates under authority granted by
several State statutes. The South Dakota Compiled Laws
(SDCL) 34-16A provide air pollution control authority;
SDCL 46-25 provide water pollution control authority;
and SDCL 11-1A is the Environmental Policy Act.
Description of the Process
Following the receipt of the application, the
Department examines the application to determine if
it is complete (See FlowchartE-46). if the application
is complete, the Department determines if the emissions
from the facility meet tne standards of the State. If
the State standards are met, the Department will issue
a permit.
Issuables
The Department issues:
A permit to construct under the air quality
program
A permit to operate under the air quality program
III-113
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A permit to operate a solid waste disposal
facility
Advisory Agencies
Environmental Protection Agency
Department of Natural Resource Development
Conservation Division (Department of Agriculture)
State Planning Bureau
Department of Game, Fish and Parks
II1-114
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SOUTH DAKOTA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LOCA TED ON FEDERAL. RETURN TO END OF PROCESS
STATE OR PRIVATE LANDS APPLICANT
OR LANDS WHICH REQUIRE
RESOURCES (such as water)
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVATE INDIVIDUALS
-------
South Dakota - Department of Natural Resource Development
The Department of Natural Resource Development has two
divisions which play an important role in regulating
energy development in South Dakota. The Water Rights
Division has the authority over water appropriation and
use within the State. The Geological Survey regulates
the production and transportation of oil and gas.
The Water Rights Division must approve any use of water
other than domestic. In addition, the Division must
approve any reservoir. A developer which drills a
water well must notify the Division.
The authority for these components of the Department
extends to Federal, State, and private lands.
Legal Authority
The authority for the Water Rights Division is
granted by Chapters SDLC 46-1 through SDLC 46-32,
the South Dakota Water Laws. The regulations
governing the activities of the Division are
contained in "Rules of Water Rights Commission."
Description of the Process
Following the receipt of the application by the Divi-
sion, the Division makes a determination of complete-
ness (See Flowchart E-48 ). If the application
is complete, the Division plans an advertisement of
the application in newspapers local to the affected
area for a two (2) week period. The application is
then brought to the Water Rights Commission. The
Water Rights Commission is an eight member, lay
commission from across the State appointed by the
governor.
After evaluating the application and the testimony,
the Commission makes a determination. Any request
for water rights for more than ten thousand (10,000)
acre-feet per year must be approved by the State
legislature.
Issuables
Water Rights Permit
III-115
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Advisory Agencies
Bureau of Reclamation
Army Corps of Engineers
Environmental Protection Agency
Department of Environmental Quality
Department of Game, Fish and Parks
Hl-116
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SOUTH DAKOTA DEPARTMENT OF NATURAL RESOURCE DEVELOPMENT
WATER RIGHTS DIVISION
' EVALUATE
FINDINGS
D
STA TE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
ST A TE OR PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES /iurh watctf
CONTPOLLED BY FEDERAL
OR S TA TE AGENCIES
OR PRIVATE INDI VtDUALS
flETUnN lO
APPLICANT
STATE LEGISLATURE
MUSI OFCIDE
APPLICATION
-------
(S) UTAH
IH-117
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Utah-State planning Coordinator
Legal Authority
The Office of the State Planning Coordinator is charged
with the responsibility of implementing the Executive
Order on Environmental Quality of 1974. This same
Executive order also grants the Coordinator the
authority for implementation of the order.
Description of the Process
The State planning Coordinator is notified of a
proposed project either by an agency with jurisdiction
over the project or by the party proposing the project
(See Flowchart E-50 ). if the project is Federally
assisted or in other ways falls under the National
Environmental Policy Act or OMB Circular A-95 or A-
102 procedures, then compliance with these procedures
is sufficient and no further review is required by the
Coordinator. A project not so exempted must have an
environmental assessment prepared by the agency
responsible for the proposed activity.
information obtained through coordination with other
agencies, together with information obtained from other
appropriate investigation and study, is used in making
an environmental assessment of the proposed action.
This assessment allows the initial determination of
whether or not the project will have a significant
environmental impact. If not, the environmental
assessment is forwarded directly to the Environmental
Coordinating Committee (ECC) for review, if the action
is deemed to have a significant impact, the responsible
agency must first prepare an Environmental Impact
Statement (EIS) prior to forwarding the EIS and the
environmental assessment to the ECC for review.
The ECC reviews the available information on the
project, prepares its comments and recommendations and
forwards everything to the Economic and physical
Development Interdepartmental Coordinative Group (EPD
Group). The EPD Group then reviews the proposed project
and prepares comments and recommendations, if the
proposed project is again deemed to not have
significant impact, the project approval is decided by
the responsible agency and appropriate approval or
disapproval issued, if a project is consid'ered to have
significant impact and an EIS has not yet been prepared,
ni-118
-------
then one must be prepared by the responsible agency
and processed through the ECC and EPD Group for review.
Any proposed project which has had an EIS prepared must
go to the Governor with the cumulative comments and
recommendations of all reviews. The final decisions
on all projects with significant environmental impact,
therefore, is made by the Governor and the appropriate
approval or disapproval is issued.
Issuables
Environmental Assessment
Environmental impact Statement
Project Approval
Advisory Agencies
III-119
-------
E 50
STATE
PLANNING
COORDINATOR
LEARNS OF
PROJECT
EVALUATE
PROJECT FOR
SIGNIFICANCE OF
ENVIRONMENTAL
IMPACT
FEDERAL, STATE
ANDLOCAL
ADVISORY
AGENCIES
UTAH STATE PLANNING COORDINATOR
A MEANS
STATE AGENCY
JURISDICTION ONL Y ON
ST A TE LAND
RESPONSIBLE
AGENCY
PREPARES EIS
ENVIRONMEN1 AL
IMPACT
STATEMENT
IE IS I
E C.C.
ECC
ECC
REVIEWS.
COMMENTS &
COMMENTS &
flECOMMENDA HONS
COMMENTS &
RECOMMENDS
RECOMMENDS
. J
EPD
REVIEWS.
COMMENTS &
RECOMMENDS
EPO
COMMENTS &
RECOMMENDATIONS
EDP
REVIEWS,
COMMENTS &
RECOMMENDS
NO
TO GOVERNOR
FOn FINAL
DECISION
END OF
PnOJECT
-------
Utah-Division of Health: Air Quality Bureau (AQB)
Legal Authority
Responsibility for, and authority over, the control of
air pollution sources in Utah is given to the Division
of Health by the Air Conservation Act and the Utah
Code Annotated, 1953, Title 26.
Description of the process
The applicant must file with the AQB a Notice of intent
to Construct which notifies the AQB that there will
be a new contributor of air pollution, usually plans
and specifications are filed with the Notice. The
Bureau then reviews and evaluates the proposed project,
accepting input from interested agencies (See Flow-
chart E-52 ).
The Bureau makes it preliminary decision and issues
public notice of the intended decision. This is to
be published in the Salt Lake Tribune and a newspaper
local to proposed project site. Comments are thereby
solicited from the public, which are reviewed and
evaluated. If public remarks warrant, public hearings
may be held in which all interested parties are heard.
After all facts are gathered and all parties heard,
the Bureau then reaches its final determination to
either approve or deny the proposed project. If the
project is approved, written notice is sent to the
appl icant.
Issuables
Public Notice of intended Decision
Written Approval of Proposed project
Advisory Agencies
HI-120
-------
E-52
RECEIVE
REVIEW &
ISSUE PUDLIC
APPLICATION
-
NOTICE OF
Fon AIR
PROJECT
INTENDED
DISCHARGE APPROVAL
. 1
DECISION
n
NOIICC or INTENT
toconstruct
PLANS A
SPECIFICATIONS
PUDLIC NOTICE
IN NEWSPAPER
ADVISOflY
AGENCIES
UTAH DIVISION OF HEALTH
AIR QUALITY BUREAU
[2> MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STATE OH PRIVATE LANDS
m OR LANDS WHICH REQUIRE
RESOURCES (such an wattr)
CONTROLLED BY FEDERAL
OR ST A TE AGENCIES
OR PRiVA TE HVOiVtOUALS
YES
APPROVAL OF
CONSTRUCTION
WRITTEN
APPROVAL
END OF
PIIOPOSAL
-------
Utah-Bureau of Solid Waste Management
Legal Authority
The Bureau of Solid Waste Management under the
authority of the Division of Health, is responsible
for the enforcement of all solid waste disposal
r egulations.
Description of the process
in this capacity, the Eureau must receive, review, and
approve the preoperating plans prior to construction
(See Flow Chart E-54 ).
issuables
Aproval of preoperating plans
Advisory Agencies
III-121
-------
UTAH BUREAU OF SOLID WASTE MANAGEMENT
ENP OF
APPLICATION
A MEANS
STATE AGENCY
JURISDICTION ONLY ON
STA TE LANO
-------
Utah Bureau of Sanitation
Legal Authority
The 3ureau of Sanitation under the authority of the
Division of Health, is responsible for the enforcement
of all plumbing regulations.
Description of the process
The 3ureau must receive, review, and approve all
plumbing design plans prior to constructing (See
Flowchart E-56 ).
Issuables
Approval of plumbing plans
Advisory Agencies
III-122
-------
A EVALUATE
~ PLUMBING
PLANS
PLUMOINQ
DESIGN
PLANS
A MEANS.
STATE AGENCY
JURISDIC TtON ONL Y ON
STATE LAND
UTAH BUREAU OF SANITATION
ENO OF
APPLICATION
-------
Utah-Division of Health: Bureau of Water Quality (BWQ)
Legal Authority
Description of the process
The Bureau of Water Quality is not yet supported by
the statutes needed to comply with EPA Regulations.
Thus, the only function it may perform is to analyze
a proposed water discharge and to certify to the EPA
that the proposal needs Federal standards and thus
should be issued a Federal permit by EPA. Usually,
applications are received one to three (1 to 3) years
in advance of proposed construction (See Flow-
chart E-58 ).
Issuables
Certification to EPA
Advisory Agencies
Environmental Coordinating Committee
Bureau of Natural Resources
Bureau of Solid Waste Management
Hl-123
-------
UTAH DIVISION OF HEALTH
BUREAU OF WATER QUALITY
APPLICATION
FORWARDED
FROM CPA
EVALUATE
PROPOSED
DISCHARGE
IMPACT
I
APPLICATION
FOR WATER
OlSCffARGE
ENGINEER'S
REPORT
ISSUE
CERTIFICATION
TO EPA
CERTIFICATION
END OF
APPLICATION
MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL,
STATE OR PRIVATE LANDS
0 OR LANDS WHICH REQUIRE
RESOURCES (tuch as water)
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVA TE INDIVIDUALS
-------
Utah Department of Business Regulation
Legal Authority
The Department of Business Regulation, through the
public Service Commission (PSC), is responsible for
supervision of all electric utilities in Utah. The
Public service Commission is granted authority in this
area by Section 76-6-1 of the Revised Statutes of Utah,
1933.
Description of the process
When an application is received at the PSC, it must
be determined that the PSC has jurisdiction and that
the utility proposal involves at least a 25% change
in the gross investment in the utility, if so, the
PSC will investigate the proposal and reach a
determination which is published in the form of a Report
and Order. The Report and Order does not become
effective until 20 days after it is issued, if, in
that period, protests are filed, then a public hearing
and reevaluation of the proposal is required.
After all hearings and evaluations, if the PSC decides
to approve the proposal, a Certificate of public
Convenience and Necessity is issued. This allows the
utility to proceed with the change (usually original
construction or expansion) at the site in the proposal
(See Flowchart E-60).
Issuables
Report and Order
Certificate of Public Convenience and Necessity
Advisory Agencies
III-124
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UTAH DEPARTMENT OF BUSINESS REGULATION
!5*\
INVESTIGATE
YES
:hange in\
YES
PROPOSAL
N. ASSETS ^
AND REACH
DETERMINATION
ISSUE
OF TERMINATION
IN REPORTS
AND ORDER
REPonT ft
ORDER
END OF
PSC.INVOLVMENT
P-S C. APPROVAL
NOT REQUIRED
\ ? X
HOLD
PUOLIC
HEARINGS
RE EVALUATE
AND REACH
DETERMINATION
ISSUE
CERTIFICATE
OF rUBLIC
NECESSITY
cEnrincATE of
PUBLIC
CONVENIENCE
ANO NECESSI TY
END OF
APPLICATION
A MEANS.
STATE AGENCY
m JURISDICTION ONLY ON
ST A TE LAND
-------
Utah-Division of Water Rights (DWP)
Legal Authority
The Division of Water Rights of Utah is granted
authority over water appropriation by the Utah Law of
Water Rights of 1897 and subsequent amendments thereto.
Description of the process
Before commencing construction, enlargement, extension,
or structural alteration of any distributing works, or
performing similar work toward acquiring an
appropriation right or enlarging an existing one, a
written application must be made to the State Engineer.
(See Flowchart E-62). Notice of the application is
published; and protests that are filed must be
considered by the State Engineer before he approves
or rejects the application (Notice of the application
and protests are allowed 30 days prior to State
Engineer's decision). If approved, the applicant is
authorized to proceed with construction of the
necessary works and to take all steps required to
perfect his proposed appropriation. The times within
which construction of works shall be completed and the
water applied to beneficial use are fixed by the State
Engineer. The State Engineer issues a certificate of
appropriation which evidences the holder's right of use.
If the application is not approved, the applicant may
appeal the decision, whereupon public hearings are held
and the issue reevaluated and decided.
Issuables
Certificate of Appropriation
Advisory Agencies
Hl-125
-------
A MEANS
STATE AGENCY
0 JURlSDIC TION ONL Y ON
STATE LAND
UTAH DIVISION OF WATER RIGHTS
END OF
APPLICATION
-------
WYOMING
III-126
-------
Wyoming - Department of Environmental Quality
The Wyoming Department of Environmental Quality (DEQ) is
responsible for maintaining the quality of the air, water,
and land within the State. Any energy developer must ob-
tain an air, water, and land quality permit from the DEQ.
Legal Authority
The Department of Environmental Quality operates
under the authority of the Wyoming Environmental
Quality Act of 1973.
Description of the Process
For an air quality permit, a developer must apply to
the Air Quality Division. For a water quality per-
mit, a developer must apply to the Water Quality Di-
vision (See Flowchart E-64) . The air quality permit must
be issued prior to construction. To receive such a
permit, the developer must show that neither the
fugitive dust nor the new emissions will exceed the
standards established by the Division.
Likewise for the water quality permit, the developer must
show that any water from the project which is introduced
into surface drainage or other water effluents will not
exceed the standards established by the DEQ. Where the
State standards are higher than those of the Environmental
Protection Agency, the requirements of the EPA will be met
when the State standards are met. Consequently, there will
be no need for a developer to meet additional requirements
to receive EPA approvals. If, however, Wyoming require-
ments are lower than those of the EPA, the higher Federal
standards must be met before the developer may begin
activity.
If the standards of the State are met, ooth the Air
and Water Quality Divisions will issue permits to
the developer.
Issuables
The Air Quality Division issues:
Permits to Construct
Permit to Modify
Permit to Operate
III-127
-------
The Water Quality Division issues:
Permit to Discharge and Operate
Permit to Construct, Install, or iMoaify.
Advisory Agencies
State Engineer
Game and Fish Commission
Bureau of Reclamation
Environmental Protection Agency.
III-128
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WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY
AIR AND WATER QUALITY DIVISIONS
NO
D
STA TE AGENCY
AUTHORITY OVER PROJECTS
LOCA TED ON FEDERAL.
STA TE OR PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (tuch 41 water)
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVA TE INDIVIDUALS
END OF PnOCESS
-------
Wyoming - Department of Environmental Quality
The Wyoming Department of Environmental Quality (DEQ) is
responsible for maintaining the quality of the air, water,
and land within the State. Any energy developer must ob-
tain an air, water, and land quality permit from the DEQ.
Legal Authority
The Department of Environmental Quality operates
under the authority of the Wyoming Environmental
Quality Act of 1973.
Description of the Process
Prior to the construction of an energy conversion
facility, such as an electric generating plan or a
coal gasification plant, or prior to commencement of
mining operations, a developer must receive approval
from the Land Division of the DEQ (See Flowchart e-66 ).
For a developer to begin construction activity, the
developer must receive a land use permit. To re-
ceive such a permit the developer must meet the land
use requirements of the Land Division.
For a developer to begin mining operations, the Land
Division must issue two permits. The first permit
required is a mining permit. The mining permit will
be issued after the Land Division approves the de-
veloper's mining plan. The second requirement of
the Division is that the developer submit a reclamation
plan and a bond. The developer must also post a
reclamation bond.
Issuables
The Land Division issues:
A Permit to Mine
A License to Mine
A License to Explore
Advisory Agencies
Land Use Commission
Department of Economic Planning and Development
State Geological Survey
III-129
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WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY
LAND DIVISION
LAND
USE
nECEIVE
APPLICATION
REVIEW
CONSULT
WITH
ADVISORS
APPLICATION
ADVISORY
AGENCIES
END OF PROCESS
LAND USE
on
FINING?
APPLICATION
REVIEW
PLAN
MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STATE OR PRIVA TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES huch js water)
CONTROLLED BY FEDERAL
OR SI ATE AGENCIES
OR PRIVA TE INDIVIDUALS
COLLECT
RECLAMATION
OOND
ADVISORY
AUfNCIFS
-------
Wyoming -
State Engineer
The State Engineer issues all water rights permits and has
the authority to administer the water supply. The authority
of the State Engineer extends to both the diversion and use
of water as well as attempts to convert water from one use
to another. Any developer who requires water in the State,
regardless of whether the project is located on Federal,
State, or private lands, is subject to the jurisdiction of
the State Engineer.
Legal Authority
Wyoming Statutes 41-1.42 through 41-1.46 and Sections
9-160.22, 9-160.29, and 9-160.31 present the legal
authority for the State Engineer.
Description of the Process
Following the receipt of the completed application, the
first step is for the State Engineer to conduct an
analysis of the application (See Flowchart E-68 ).
If the application is for a large amount of water, e.g.,
for the cooling of an electric generating facility or
for use in a coal gasification plant, the State Engineer
would determine that it would be necessary for the
interdepartmental water conference to conduct a
feasibility study. This study is designed to assess
the impact of the proposed project and to evaluate the
application in the context of the total State intention
for water use.
If the amount of water is small, e.g., drilling a water
well to support a coal exploration effort, the
application decision will be made without the
feasibility study.
In the conduct of the feasibility study, the water
conference will analyze the application and supporting
data; conduct public hearings to obtain the advice of
private persons, local groups, and associations? and
undertake any studies which the conference feels
necessary. At the conclusion of the feasibility study,
the water conference makes the decision whether or not
to proceed with the application. If the decision is
made to proceed, the State Engineer holds hearings under
the State's-conte sted hearing procedure. The decision
is then made on the application.
III-130
-------
If the State Engineer issues a per.nit, it is issued
with the constraints under which the recipient must
operate. When the stipulations are met, the permit
is good for as long as it is used. Monitoring is done
by division personnel. After completion of
construction, the operation is advertised to allow any
parties who were adversely affected to respond.
Issuables
The State Engineer issues a water rights permit and
the right to change water from one category to another.
Advisory
Department of Economic Planning and Development
Department of Game and Fish
Department of Environmental Quality
State Land Office
Department of Recreation.
III-131
-------
WYOMING STATE ENGINEER
RECEIVE
application
FOn WATER
USE
ANALYZE
APPLICATION
COMPLETE
APPLICATION
ADVISORY
AGENCIES
END OF PROCESS
REVIEW OF
1
L
APPLICATION
8Y STATE
ENGINEER
.
D
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STA T£ OR PPIVA TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES huch .is
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVA TE INDI VlDUALS
ADVERTISE
NOTICE OF
COMPLETION
CONSTRUCT
FACILITY
ISSUE
permit
-------
Wyoming - Public Service Commission
The Public Service Commission of Wyoming is responsible for
the intrastate regulation of electric generation facilities,
natural gas, oil pipelines, and transmission lines along with
non-energy related services such as telephone and water
companies. The Commission gives a utility the right to serve
an area and, in return for that right, a utility assumes
the obligation to provide that service.
Legal Authority
The Public Service Commission of Colorado operates
under the legal authority granted by Chapter 83 of the
Session Laws of Wyoming, 1963. The regulations
governing the activities of the Commission are
contained in "Rules of the Public Service Commission
of the State of Wyoming" reissued May 1, 1967.
Description of the Process
Following the receipt of the application (See Flowchart
E-70 ), the Commission reviews the application and
schedules public hearings. If, in advance of the public
hearings, the Commission is able to determine who the
parties are that are involved or affected by the
proposed action, the Commission will send a notice to
those affected. In all cases, however, public notice
is given for the scheduled hearings.
At the hearings, testimony may be given by other
agencies and members of the general public. The
Commission gathers evidence at the hearing and employs
this evidence in making a determination on the
application. If the Commission decides to grant the
application, the Commission publishes a public notice
of the decision. If the application is denied, the
applicant is so notified. In either case, parties who
feel they are aggrieved by the action may file for an
appeal. If the appeal is granted, a re-hearing may
be held. If an appeal is not allowed, the Commission
publishes its final decision.
Should the decision be in favor of the applicant, the
Commission grants a certificate.
III-132
-------
Issuables
The Commission issues a Certificate of Public
Convenience and Necessity.
advisory Agencies
Department of Transportation
Interstate Commerce Commission
Federal Power Commission
Federal Communications Commission.
III-133
-------
WYOMING PUBLIC SEIWICE COMMISSION
APPLICATION FOB
CERTIFICATE Or
PUQt.tC
CONVENITNCE
AND NECESSITY
COMPLETE
APPLICATION
PUOLISM
DECISION
MEANS
STATE AGENCY
0 JURISDICTION ONLY ON
STA T£ LAND
CERTIFICATE
OF PUBLIC
CONVENIENCE
AND NECESSITY
END OF PROCESS
-------
Wyoming - Industrial Siting Council
The Industrial Siting Council has the responsibility for
approving energy development and other projects within
the State which are of sufficient size to have a major im-
pact on the communities in which the project is located.
Included in the consideration of the Council are such im-
pacts as roads, schools, hospitals, housing, police and
fire protection.
Legal Authority
The Council operates under the authority of the In-
dustrial Development Information and Siting Act,
Wyoming Statutes 35-502.75 through 35-502.94. The
regulations governing the activities of the Council
are presented in the "Rules and Regulations of the
Industrial Siting Council, State of Wyoming" adopted
September 10, 197 5.
Description of the Process
Any electric generating facility which has the capa-
bility of generating one hundred (100) megawatts of
electricity or more or any addition to an existing
generating facility which will increase the capacity
of the existing facility by at least one hundred (100)
megawatts must receive approval prior to construction
by the Council. In addition, any newly constructed
transmission lines that are necessary and essential
to the operation of the generating facility must be
approved by the Council.
A developer must submit an application to the Council
for the receipt of approval and a permit (See Flow-
chart E-72). Section 5 of the Council's Rules and Regula-
tions specifies the contents of the application.
The Council has no application forms. An application
to the Council must present evidence that all other
required permits have been obtained and that the
applicant has complied with all applicable laws. Con-
sequently, the first step following the receipt of
the application is for the administrative staff to
check completeness of the application, to verify that
all applicable permits have been obtained, and to
conduct an independent analysis of the application.
Following the determination of completeness by the
administrative staff, a public hearing on t*he appli-
IH-134
-------
cation is scheduled. During this time, the Council
conducts a study of the effect on the project area.
This study is paid for by the applicant. Following
the hearing and receipt of evidence, the Council must
make a decision on the application. The Council has
three choices. The Council may:
Approve the application without any conditions
Approve the application with conditions
Reject the application pending further study.
If the application is approved, the developer may
proceed following the approved plan. If the appli-
cation is approved with conditions, the developer is
notified of the required modifications and the changes
must be made prior to the initiation of any activi-
ties. If the application is rejected pending further
study, the applicant has thirty (30) days to appeal
for a new hearing by the Council. If the application
is denied a second time, the applicant may appeal
through the courts following the procedures in the
Wyoming Administrative Procedures Act.
Regardless of the decision of the Council, when the
Council has reached a decision the Council must pub-
lish the study, its findings, and the decision. The
local governments which would be affected by the
project must receive copies and copies must be filed
with the county clerk's office. In addition, notice
of the Council's decision must be published in at
least one newspaper of general circulation within
the affected area.
Issuables
The Council issues a permit for the construction or
operation of any industrial facility or facilities
within the State.
Advisory Agencies
Department of Environmental Quality
State Engineer
County Commissions
Army Corps of Engineers
III-135
-------
Environmental Protection Agency-
Nuclear Regulatory Commission
Interested Parties.
III-136
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WYOMING INDUSTRIAL SITING COUNCIL
LOCATED ON FEDERAL,
S TA TE OR PR! VA TE L ANDS
0 OR LANDS WHICH REQUIRE
RESOURCES fiuch jj w.tfrtf
CONTROLLED 8Y FEDERAL
OR SI ATE AGENCIES
OR PRIVATE INDIVIDUALS
-------
3. NUCLEAR-FUELED
Nuclear-fueled power plants differ only slightly from fossil-
fueled plants. The heat supply comes from the fissioning of uranium
rather than the burning of coal, oil, or gas.
The regulatory process for nuclear-fueled generating facilities
differs significantly from the process for fossil-fueled facilities.
This part of the report presents the regulatory procedures for nuclear-
fueled electric generating facilities.
III-137
-------
(1) Federal Agencies Regulating Nuclear-Fueled Electric
Generation Development"
This portion of the report presents the Federal agencies
which regulate the various stages in the development of nuclear-
fueled electric generating facilities.
IH-138
-------
(a) Nuclear Regulatory Commission (NRC)
While other agencies participate in the licensing and
regulatory process for nuclear-powered electric generating
facilities, the agency with the most authority is the
Nuclear Regulatory Commission. Before an energy developer can
build a nuclear-powered plant at a particular site, the developer
must obtain a construction permit from the NRC.
Legal Authority
The regulations governing the submission and approval of
permits for construction are contained in Title 10 of
the Code of Federal Regulations.
Description of the Process
Prior to a formal application to the NRC, the applicant
provides NRC a preliminary report. NRC performs an
acceptance review. If the preliminary material is
adequate, NRC begins the formal application. The pre-
liminary submittal covers both environmental and safety
issues. The application for a construction permit is
submitted to the NRC (See Flowchart E-8). This
application must contain the design criteria for the
proposed facility, and a report on the environmental
impact of the facility. Anti-trust details of the proposed
facility should be submitted to NRC six months prior to'
application. After receiving the complete application,
the NRC performs an evaluation on the proposed design
of the facility to assess the safety aspects for con-
struction and operation. From this evaluation, the NRC
prepares a Safety Evaluation Report (SER).
The NRC, in consultation with consulting agencies, conducts
an environmental review of the proposed facility.
Environmental review includes transmission lines associated
with the facility. While this review allows the NRC
to assess the potential environmental impact of the
project, the review contains a cost-benefit analysis to
compare the benefits of the new facility with the
potential harm to the environment. After this review is
completed, the NRC issues a draft Environmental Impact
Statement (EIS). This EIS is distributed to the advisory
agencies and local agencies and the public for review.
Comments are returned to the NRC and a final version of
the EIS is prepared. '
ril-139
-------
Once the final EIS and SER are prepared, the NRC holds
public hearings. These hearings are designed to address
the environmental and safety problems which could result
from the proposed facility.
Hearings on environment and safety are combined on occa-
sion. In cases where the environmental assessments and the
related hearings are completed before the safety review
is completed, the NRC can grant the applicant a Limited
Work Authorization (LWA). The LWA allows the applicant
to begin construction on non-safety related items such as
access roads, land clearing, and ancillary facilities.
Following the public hearing(s) the initial decision on the
application for a construction permit is made. The initial
decision, if favorable, is subject to review by Atomic
Safety and Licensing Board Panel. The decision may also
be reviewed by the Commissioners of the NRC. The con-
struction permit does not provide for any operation of
the facility.
Issuables
Draft Environmental Impact Statement
Final Environmental Impact Statement
Safety Evaluation Report
Limited Work Authorization
Construction Permit
Advisory Agency
Atomic Safety and Licensing Board Panel
Consulting Agencies
U. S. Geological Survey
Environmental Protection Agency
Fish and Wildlife Service
National Oceanic and Atmospheric Administration
Army Corps of Engineers
State Agencies
III-140
-------
NUCLEAR REQULATORY COMMISSION
CONSTRUCTION PERMIT
-------
(b) Nuclear Regulatory Commission (NRC)
After the construction of a facility under
construct a nuclear-powered electric generating
NRC issues a license to operate the facility.
Legal Authority
The regulations governing the applications
operating permit are contained in Title 10
of Federal Regulations.
Description of the Process
The developer of the generating facility initiates the
application process by submitting a final Safety Analysis
Report (See Flowchart E-9). This document is reviewed
by the NRC and, based on this information, a Safety
Evaluation Report (SER) is prepared. The NRC then
publishes a public notice that the application for
operation is being considered by the NRC and invites
public comments. The NRC may also hold a public hearing
to consider additional public comments on the application.
Following the analysis of all comments, the NRC issues its
decision on the application.
Issuables
Draft Environmental Impact Statement
Final Environmental Impact Statement
Safety Evaluation Report
Operating License
Advisory Agencies
Fish and Wildlife Service
Environmental Protection Agency
the permit to
facility, the
for an
of the Code
III-141
-------
NUCLEAR REGULATORY COMMISSION
OPERATING LICENSE
END OF PROCESS
o
MEANS:
FEDERAL AGENCY
m JURISDICTION ON FEDERAL LANDS OR
LANDS CONTROLLED BY A FEDERAL AGENCY
-------
(c) Army Corps of Engineers
The Army Corps of Engineers is responsible for monitoring the
condition of navigable water whether the water is a tidal area, ocean
or gulf, from the shore to the continental limit, including river,
streams or lakes. A single permit is required for all activities
including:
Work in or placement of structures in the water. This
encompasses such activities as buildings intake and outfall
structures, transmission lines across waters, and so forth
Disposal of dredged or fill material into navigable waters
including the transportation of such material on navigable
waters for the purpose of disposal
Other activities which may have an effect on navigable waters
Legal Authority
The Army Corps of Engineers operates under the River and
Harbor Act of 1899; the Federal Water Pollution Control Act
Amendments of 1972; and the Marine Protection, Research, and
Sanctuaries Act of 1972. The regulations governing action
are in Title 33 of the Code of Federal Regulations.
Description of the Process
In the initial step following the receipt of the application,
the Army Corps of Engineers prepares an environmental
assessment (See Flowchart E-l). This assessment is prepared
employing consultation from other parties, both public and
private, who may have an interest in the action. Following
the evaluation of the assessment, the Corps determines if
an Environmental Impact Statement (EIS) is required
If the Corps determines that the impact is not sufficient
to require an EIS, the Corps consults with advisory agencies
on the decision to grant the request. As part of this
decision-making process the Corps may hold public hearings;
however, public hearings are not required.
On the other hand, if an EIS is required the Corps will
prepare the EIS and circulate it among the advisory agencies.
The Corps holds public hearings. Using the information
gathered in this procedure, the Corps makes a determination
on the application.
If the Corps grants the permit, a Federal right-of-way may
111-14 2
-------
be required. If so, the applicant must file with the agency
controlling the surface rights for the appropriate right-
of-way.
Issuables
The Army Corps of Engineers issues a single permit for
activities effecting navigable waters.
Advisory Agencies
Fish and Wildlife Service
Bureau of Reclamation
National Oceanic and Atmospheric Administration
III-143
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CORPS OF ENGINEERS
MAKE PE TEltMINA HON
ON APPLICATION,
INCLUDES PUBLIC " \
IttCEIVE
APPLICATION
hOn ACTIVITY
AFfrECIINU
NAVICAUI E WATEItS
COMI'l LIE
APf'LICATION
MEANS:
FEDERAL AGENCY
0 JURISDICTION ON FEDERAL
LANDS OR LANDS CONTROLLED
BY A FEDERAL AGENCY
IS \ YES
RIQIIT-OF WAV J>
REOUIIItU/
END OF PflOCESS
APPLICANT PliGCEEOS
PEnMIT
ISSUED
I
IS \ YES
muill Of WAY
^ 111 rta »|
I'LIIMIT
ENOOri'llOCISS
Al'l'l ICANT PIIOCEEOS
-------
(d) Bureau of Land Management
The location of electric generating facilities may require
rights-of-way on Federal lands. The BLM is the principal grantor
of rights-of-way on Federal lands. Other agencies, for example
the Forest Service and the National Park Service, control surface
rights to land. Because of similar processes, the description
of the process is being presented here using the BLM as the
principal agency.
Legal Authority
The granting of rights-of-way on Federal lands are governed
by Title 43 of the Code of Federal Regulations Subpart 2800.
Description of the Process
The first step in the consideration of a right-of-way
application is the determination of whether the agency has
jurisdiction over the land (See Flowchart E-2) . If the land
is under the control of the BLM an Environmental Assessment
Record (EAR) is prepared by the BLM. Based on the findings
in the EAR, the BLM determines whether or not the
environmental impact is significant enough to require an
Environmental Impact Statement (EIS).
If the BLM requires only the EAR, the evaluation of the
request is made on the basis of the content of the EAR and
the advice provided by other agencies who participate in
the review process. If an EIS must be prepared, the lead
agency is assigned and the preparation plan, i.e., the plan
of action to handle the EIS, is drafted. The Office of
Environmental Project Review is responsible for coordinating
the BLM's participation in the EIS review. Depending on
the complexity of the EIS, the statement takes from nine(9)
months to two (2) years to complete the process. A.detailed
description of the proposal and baseline area studies are
important for any EIS. The BLM must wait thirty (30) days
after the EIS is submitted to the Council on Environmental
Quality (CEQ) before any decision can be given.
The EAR/EIS process is critical to the protection of the
environment. Once a permit for exploration or mining has
been given, the recipient can not, by law, be denied access
to the site. Consequently, it is crucial that the BLM place
stipulations on the rights-of-way granted to ensure the
protection of the environment. Compliance checks are
conducted during the construction phase to verify the
developer's compliance with the stipulations in the right-
III-144
-------
of-way.
The USGS is responsible for monitoring any stipulations on
effluents and any other stipulations in the right-of-way.
On FS land, the FS monitors the rights-of-way and enforces
public safety.
Issuables
The BLM issues rights-of-way
Advisory Agencies
Fish and Wildlife Service
rii-145
-------
BUREAU OF LAND MANAGEMENT
RIGHT OF WAY PERMIT
EMO OF API'LICA HON
MEANS:
FEDERAL AGENCY
m JURISDICTION ON FEDERAL
LANDS OR LANDS CONTROLLED
BY A FEDERAL AGENCY
-------
(e) Bureau of Indian Affairs
The Bureau of Indian Affairs (BIA) is authorized to approve
rights-of-way for electric power facilities over Indian lands.
No right-of-way is issued over tribal lands, however, without
prior consent of the tribe.
Legal Authority
The regulations governing applications to the BIA are
contained in Title 25 of the Code of Federal Regulations.
Description of the Process
The application for a right-of-way is received in the
regional office of the BIA (See Flowchart E-3). The
application is reviewed by the BIA to determine whether or
not an Environmental Impact Statement is necessary. If an
EIS is necessary, the BIA prepares a draft copy of the EIS.
Advisory agencies and interested persons are invited to
comment upon the EIS and public hearings are held. The
findings of the comment period and from the advisory
agencies' reviews are incorporated into the final EIS.
If the BIA determines that the impact of the requested
application is not sufficient to require an EIS, the
decision-making process is based on the findings of the
environmental assessment.
The results of the EIS or the assessment are forwarded to
National for review and comment. The package is then
returned to the regional office with any comments. The
regional office then makes the determination on granting
the right-of-way permit. If the BIA grants the application,
the agency issues a permit.
Issuables
The BIA issues a right-of-way permit
Advisory Agencies
Fish and Wildlife Service
Bureau of Land Management
III-146
-------
BUREAU OF INDIAN AFFAIRS
RIGHT-OF-WAY PERMIT
MEANS:
FEDERAL AGENCY
JURISDICTION ON FEDERAL
LANDS OR LANDS CONTROLLED
BY A FEDERAL AGENCY
-------
(f) Federal Aviation Administration (FAA)
Whenever the erection of a tower may be proposed for a
location which may affect air traffic safety, a Notice of Intent
to Construct a Tower must be filed with the FAA.
Description of the Process
If an operator suspects a proposed tower to be under FAA
jurisdiction, he must file a Notice of Intent to Construct
prior to construction (See Flowchart E-ll). The FAA then
determines whether the proposed tower would be considered
an obstruction to air traffic safety. This usually takes
2 to 3 weks. If the proposed tower is not an obstruction,
then the applicant may proceed with construction.
If it is an obstruction, however, the FAA must decide whether
or not to issue a clearance for the tower. The FAA sends
out notice of the proposed project to interested parties
for comment. This may take up to 8 weeks for a significant
clearance. If the FAA deems a public hearing to be needed,
one will be held and all interested parties heard. The
FAA then reviews the proposal and either issues or denies
the clearances.
Issuables
Clearance for a Tower
Advisory Agencies
Undetermined
III-147
-------
FEDERAL AVIATION ADMINISTRATION
TOWER CLEARANCE
END OF APPLICATION
MEANS:
FEDERAL AGENCY
m JURISDICTION ON FEDERAL
LANDS OR LANDS CONTROLLED
BY A FEDERAL AGENCY
-------
(g) Environmental Protection Agency (EPA)
The Environmental Protection Agency has primary
responsibility over issuance of National Pollution Discharge
Elimination System (NPDES) permits. This permit regulates the
quality and quantity of liquid effluent discharges into rivers
and waterways.
Legal Authority
Under the 1972 amendments to the Federal Water Pollution
Control Act, the discharge of a pollutant into the U.S. waters
without an NPDES permit is illegal. This is only applicable
to new source discharges for which EPA effluent emission
guidelines have been developed.
Description of the Process
The EPA has primary responsibility for the NPDES program,
but it may transfer responsibility over the NPDES program
to States which have EPA approved programs. Where there
are approved State programs, it is the State procedure which
is followed, provided that the State abides by the same
prohibitions against issuing permits that govern the EPA's
decision. The EPA does, however, reserve the right to deny
a permit when a State may grant it. On the other hand,
the EPA may not issue a permit when a State with an approved
program denies the application.
For a State without an approved program, the EPA receives
the application and engineer's reports directly (See
Flowchart E-13). Other Federal and State agencies that are
interested in the proposed project are sent copies of the
application and comments solicited. A copy of the
application is sent to the State authorities to certify that
the project meets any applicable State standards. If the
proposed projects meets the State standards, the EPA must
decide whether it is a major Federal action to issue the
NPDES permit. If so, an Environmental Impact Statement (EIS)
is required and must be prepared.
All information to this point is then analyzed and a
preliminary decision reached. This preliminary decision and
the application are then posted in a public notice, which
is a solicitation for comments from any interested party.
If a public hearing is required, it is held and all interested
parties heard. This additional input is then weighed in
the determination on issuance of the NPDES permit. If the
determination is negative, there are appeals through the
III-148
-------
Administrator of the EPA. If the final determination is
affirmative, then the NPDES permit is issued with a term
of up to five years.
Issuables
Environmental Impact Statement
Public Notice of Application and Preliminary Decision
National Pollution Discharge Elimination System Permit
Advisory Agencies
Corps of Engineers
U.S. Fish and Wildlife Service
Bureau of Reclamation
Other agencies as may be interested in either the EIS
preparation or public hearings.
III-149
-------
ENVIRONMENTAL PROTECTION AGENCY
NPDES PERMIT
-------
(2) State Agencies Regulating Nuclear Fueled Electric
Generation Development
This part of the report presents the State agencies
which regulate nuclear-fueled electric generation development.
III-150
-------
COLORADO
111-151
-------
Colorado -
Public Utilities Commission
The Public Utilities Commission (PUC) has authority over
the construction and operation of electric generating
facilities within the State. This jurisdiction extends to
all electric generating facilities regardless of whether
they are fueled by fossil fuels, nuclear fuel, or hydro
power .
One of the concerns of the Public Utilities Commission is
with the economic feasibility of the proposed project.
That is, what will be the effect of the construction costs
of the new facility on the utilities rate structure and,
ultimately, on the consumers of the utility.
In addition to the construction and operation of the
electric generating facility, the PUC is concerned with
the exploration for, and the development of, coal, oil,
and gas by the utility or subsidiaries of the utility.
The PUC's involvement is not from a regulatory standpoint
over such operations but rather its concern for the
effect of exploration and development activities or the
purchase of fuel on the rate structure of the utility.
THE PUC is not involved with the granting of rights-of-way.
All rights-of-way are obtained by the utility from the
owner/controller of the land. The PUC must approve the
route for transmission, however. Any deviations from the
approved routes which are material to the cost of the
project will require a new PUC approval.
Legal Authority
Description of the Process
The Public Utilities Commission receives an applica-
tion from a utility seeking approval for construction
and operation of a generating facility and approval
for the rights-of-way obtained (see Flowchart E-16 ).
The application is reviewed by the Commission and
public hearings are scheduled. At the hearings,
the utility, any interested agencies and members of
the public are allowed to testify.
III-152
-------
Following the hearing, the PUC makes the decision
to grant the application and approve the routes
for the transmission lines. If approval is granted,
the Commission issues a permit which enables the
utility to proceed. During the construction of the
facility, the utility must submit quarterly reports
on construction progress including a comparison of
proposed expenditures to the actuals to date.
Issuables
The Commission issues a Certificate of Public
Convenience and Necessity.
Advisory Agencies
State Land Use Commission
Department of Health.
III-153
-------
COLORADO PUBLIC UTILITIES COMMISSION
STATE AGENCY
0 AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STATE ORPRIVA TE LANDS
OR LANOS WHICH REQUIRE
RESOURCES (such « water!
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVA TE INDIVIDUALS
-------
Colorado - Department of Health, Air Pollution Control
Division
The Air Pollution Control Division is charged with
developing and maintaining a comprehensive program for
the prevention, control, and abatement of air pollution.
The Division develops and promulgates ambient air
quality standards and may issue cease and desist orders
where emergency pollution exists.
Legal Authority
The Air Pollution Control Division derives its
authority from the Air Pollution Control Act of
1970, State of Colorado, Section 25-7. The rules
and regulations governing the administration of
this act are contained in the "Statements of Policy
by the Division", "Common Provisions Regulations",
and Regulations 1 through 9 of the Division.
Description of the Process
The State does not allov; the construction or opera-
tion of any new direct air contamination source
without first obtaining or possessing a valid
emission/permit. Any significant alteration of a
source must be filed with the Divison. Following
the receipt of an application for such a permit,
the Division must determine if the application is
complete. The application is reviewed to determine
the effect of this new source on the air quality of
the area. Following this review the preliminary anal-
ysis of the effect of the direct source upon the
ambient air quality and the extent of emission control
are made available to the public. (See flowchart E-18)
If the application warrants public comment, a copy
of the preliminary analysis and the application are
filed with the appropriate county clerk and pub-
lished in a local paper. Following the receipt of
comments, the Division makes the determination
whether or not to approve the application. If the
application is denied, the applicant may request
a conference with the Division and a hearing. If
the application is approved, the permit is granted
and the applicant may proceed.
The approval to proceed does not, however, consti-
tute final approval. Prior to the oreration of the
facility the developer must give notice to the
Division.
HI-154
-------
The Division then conducts an inspection to deter-
mine if the operating facility meets the standards
projected in the application. If the standards are
met, a final approval is granted.
The Division conducts on-going inspection efforts
to ensure that standards are maintained during the
operation of the project.
Issuables
The Air Pollution Control Division issues the
following permits which are relevant to a developer
of an energy facility:
Stationary Sources Air Emission Permit
Open Burning Permit
Fugitive Dust Permit
Advisory Agencies
Environmental Protection Agency
Parties who are interested in the impact
of fugitive dust or air emissions.
III-155
-------
COLORADO DEPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
OK LANDS WHICH REQUIRE
RESOURCES Isuch
-------
Colorado Department of Health: Water Quality
Control Division
The Water Quality Control Division is charged with
adopting a comprehensive program for the prevention,
control and abatement of pollution of the waters of
the State. The Water Qualitv Control Division promul-
gates rules, regulations, and standards of water quality
and waste discharge and may issue cease and desist
orders for violations.
Legal Authority
The Water Quality Control Division operates
under the authority of the Colorado Water Quality
Control Act (C.R.S., 1963, 66-28-101, et. seq.).
Description of the Process
No one is allowed to discharge any pollutant
into any State water from a point source without
first having obtained a permit from the Division
for such discharge.
Applications for permits are filed with the Divi-
sion (See Flowchart E-2P. Once the application is
received, the Division must determine if the
application is complete. If complete, a draft
permit is prepared. If the application is not
for a point source discharge, the Division investi-
gates and evaluates the application and prepares
a letter of Certification to be forwarded with
the application to the Corps of Engineers. For
a point source, the Division sends copies of the
draft permit to interested parties and invites
response within 30 days. Public notification of
the application is nade, and if the response
warrants, public hearings are held with all the
information at hand. The Division decides whether
or not to issue the permit. Either way, the
aggrieved party has the right to appeal.
Issuables
Permit for point source discharge
Letter of certification to U.S. Army Corps
of Engineers.
III-156
-------
Advisory Agencies
Environmental Protection Agency
U.S. Army Corps of Engineers
ni-157
-------
RECEIVE
APPLICATIONS
<
IS THE
APPLICATH
COMPLETE
f
APPLICATION
RETURN APPLICATION
TO SENDER
INVESTIGATE
a
EVALUATE
ISSUE LETTER
OF
CERTIFICATION
TO COnPS OF
ENGINEERS
FORWARD TO
CORPS OF
ENGINEERS
MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCA TED ON FEDERAL.
STA TE OR PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (such «s wateit
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVA TE INDIVIDUALS
COLORADO DEPARTMENT OF HEALTH
WATER QUALITY CONTROL DIVISION
LETTEn OF
CERTIFICATION
ACCEPT ft nEVIEW
COMMENTS
DECIDE IF HEARING
IS NEEDED
AGGRIEVED
party IS
IIEAUD&
PROBLEM
RESOLVED
-------
Colorado Division of Water Resources
The Division of Water Resources is responsible for
administering the use of water in the State. This is
accomplished directly in the case of surface water and
tributary gouna water by the State Engineer, who is
the Director of the Division; and, by the Ground Water
Commission in the case of non-tributary designated
ground water areas. The Division staff also serves as
the staff for the Ground Water Commission. Water rights
are obtained by decrees from the water courts generally
following the axiom that the oldest right is the best
right. In the designated ground water basins, the
Ground Water Commission established priority lists of
water users based on dates of initiation of uses.
In conjunction with the administration of water rights,
the Division issues permits to drill water wells through
an evaluation process which determines: (1) whether
water is available for the proposed use, and (2) whether
vested water rights will be materially injured.
Reviews are also made by the Division to determine
possible adverse effects on vested water rights for
proposals to: (1) dispose of mine tailings, (2) operate
mine reclamation projects, (3) operate salt water
disposal wells from oil and gas operations, and (4)
develop geothermal resources.
The State Engineer and the Division of Water Resources,
acting through the Board of Examiners for Water Well
Drilling Contractors, exercises additional administra-
tive control of water .resources by the licensing of water
well drillers and through rules and regulations govern-
ing water well construction and test hole drilling.
The Division of Water Resources may also review and
grant temporary approval for plans of augmentation
submitted by water users. Energy development projects
typically require large amounts of water, and in the
case where this water is tributary ground water, the
augmentation plan must detail how the new users will
obtain and return a sufficient supply of water to the
total system to remedy any injury that may result to
any senior water rights from his use. .
Legal Authority
The Divison of Water Resources and the Office of the
State Engineer operate under the authority granted
III-158
-------
by Articles 37-90, 37-91 and 3*7-92 of the
Colorado Revised Statutes, 1973. The first
article, 37-90, covers designated around water
areas and the Ground Water Commission's juris-
diction. The second article, 37-91, deals with
the Board of Examiners for Water Well Drilling
Contractors, and the third article, 37-92, deals
with surface and tributary ground waters. The
Division's authority to grant temporary approval
for plans of augmentation is found in Section
37-92-307, C. R. S., 1973. Responsibilities in
the field of geothermal resources are set forth
in Article 37-70, C. R. S., 1973. Additional
duties and responsibilities of the State Engineer
are found in Article 37-80, C. R. S., 1973.
Description of the Process
Applications for permits to drill water wells are
submitted to the Division of Water Resources (see
flow chart E-2^ or to the Ground Water Commission,
through the staff of the State Engineer, in the
case of designated basins. The staff reviews the
applications for completeness and in the case of
complete applications, evaluates the same with
consultation, if needed, with advisory agencies
to determine whether the application can be
approved. The decision is made by the State
Engineer. Any applicant whose request has been
denied by the State Engineer may request a hearing
through an administrative appeal process. Ulti-
mate relief of an appeal of any action by the
Division or the State Engineer can be found in
the appropriate court. Applications in designated
ground water areas, if recommended for approval by
the staff, are published so that interested parties
may file an objection with the Ground Water
Commission.
Plans for augmentation are submitted simultaneously
to the Division of Water Resources and to the water
court. The Division of Water Resources reviews
the plan for completeness and, in conjunction with
consultation with advisory agencies, if needed,
determines whether or not the plan can be approved.
The application made to the court is published so
that interested parties are given the opportunity
to file an objection with the court. The final
decision as to whether or not the plan can be
approved rests with the water court.
XIX-159
-------
Issuables
Issues a permit to drill a water well,
Licenses water well drillers.
Grants temporary approval for plans fo
augmentation, and
Acting for the Ground Water Commission
issues a permit to drill a well and to
appropriate designated ground water.
Advisory Agencies
water Conservation Board
Oil and Gas Commission
Mine Reclamation Board
Water Quality Control Board
State and County Health Boards
IH-160
-------
COLORADO DIVISION OP WATER RESOURCES
nETlfflN TO END OF
APPLICANT PROCESS
MEANS'
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL,
ST A TE OR PR! VA TE L ANOS
OR LANOS WHICH REQUIRE
RE SOURCES (such as witerl
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVATE INDIVIDUALS
-------
MONTANA
Hl-161
-------
Montana -
Department of State Lands
Legal Authority
The Department of State Lands is responsible for
leasing of all State lands under the Revised
Codes of Montana, 1947, as amended.
Description of the Process
There are two methods of obtaining a lease on
State land in Montana, either through competitive
bidding for a lease or through an award as the
first qualified bidder (See Flowchart E~2^ ) .
Generally, the competitive bid procedure is utilized
for lease of lands with known resources and non-
competitive award for unknown lands.
When an application for a State land lease is
received, it is first determined whether the land
in question is subject to competitive bidding. If
so, availability is posted and bids accepted. The
lease is then awarded to the highest bidder. In
the case of non-competitive land, the award is to
the first qualified bidder. Once an award is made,
the Department decides whether or not to issue the
lease. The land is usually not retracted. An
on-site field inspection is required before issuance
of the lease. When the lease is issued, the success-
ful applicant must furnish a safety bond to the
State.
Issuables
Lease
Bond.
Advisory Agencies
III-162
-------
APPLICA1IONISI
RECEIVED
AT SI ATE
LAND OFFICE
APIM ICATIONfSI
FOM LFASE
MONTANA DEPARTMENT OF STATE LANDS
A MEANS
STATE AGENCY
JURISDICTION ONL Y ON
STAre LAND
END OF LAND
AVAILAUILI1 Y
ISSUE
LEASE
SURETY
BOND
-------
Montana Department of Health and Environmental Sciences -
Air Quality Bureau
Legal Authority
Responsibility for, and jurisdiction over control
of air pollution sources in Montana are given to
the Department of Health and Environmental Sciences
by the Clean Air Act of Montana. The Air Quality
Bureau (AQB) handles air pollution and discharges
for the Department.
Description of the Process
The applicant must file with the AQB a Notice of
Intent to Construct which notifies the AQB that there
will be a new contributor of air pollution. Usually
plans and specifications are filed with the Notice.
The Bureau then reviews and evaluates the proposed
project, accepting input from interested agencies.
If the project will have a significant impact, an
Environmental Impact Statement is required to be
prepared.
With the analysis prepared as required, the Bureau
makes its preliminary decision and issues public
notice of the intended decision. Comments are there-
by solicited from the public, which are reviewed and
evaluated. If public remarks warrant, public hearings
may be held in which all interested parties are heard.
After all facts are gathered and all parties heard,
the Bureau then reaches its final determination to
either approve or deny the proposed project. If the
project is approved, written notice is sent to the
applicant (See Flowchart E-26 ).
Issuables
Public Notice of Intended Decision
Written Approval of Proposed Project
Environmental Impact Statement
Advisory Agencies
ni-163
-------
h
RECEIVE
AfPLICAIION
NOHCE ()l
IN I EN I IO
OlSCMAUCt
I
REVIEW ft
EVALUATE
PnOJECT
PLANS ft
SPECiriCAflONS
aovisohy
AGENCIES
PREPARE
ENVIRONMENIAL
IMPACT
STATEMENT
ENVIRONMENTAL
IMPACT
STATEMENT
REACH
PRELIMINARY
OECtSIOM
rssuE PUBLIC
NOTICE OF
INTENDED
DECISION
PUBLIC NOTICE
IN NEWSPAPER
RE EVALUATE
WITH ADDITIONAL
INFORMATION
RECEIVE ft
REVIEW
PUBLIC
COMMENTS
PUBLIC
COMMENTS
MONTANA DEPARTMENT OF HEALTH AND ENVIRONMENTAL SCIENCES
AIR QUALITY BUREAU
D
STAT£AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL
STATE OR PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (tucfi m tvjftr/
CONTROLI ED BY FEDERAL
OR ST A TE AGENCIES
OR PW VA TE INOIVIDUALS
APPnOVAl OF
DISCHARGE
WRITTEN
APPROVAL
E-27
-------
Montana - Department of Natural Resources and
Conservation Water Resource Division
Legal Authority
The responsibility and authority for jurisdiction
over all water in Montana is granted to the Depart-
ment of Natural Resources by Montana Water Law
Chapters 8 and 29. All water, wherever found, is
under control of the Department.
Description of the Process
A permit is required for any new appropriation of
water, or construction of any diversion, impound-
ment, withdrawal or distribution works unless the
project is exempted. A project is exempted if it
is well outside the boundaries of a controlled
ground-water area with a maximum yield of less
than 100 gallons per minute. For an exempted well,
within 60 days of completion of the well, the
Division must receive notice of completion of the
well, after which a Certificate of Water Right will
be issued.
Unless the project is exempted, an application for
permit must be filed with the Division (See Flow-
chart E-28). Public notice of the application is
published for three consecutive weeks in a newspaper
in the area of the proposed water source. After
the public notice, 3 0 to 6 0 days is allowed for
receipt of objections to the project. The Division
determines whether the objections warrant public
hearings and hold the hearings if needed.
The proposed project is then evaluated and a decision
is reached to issue or deny the permit. If the
decision is to deny, the applicant may appeal to the
Division for reconsideration. If the final decision
is to issue the Permit, then the Permit is issued.
Notice of completion must be filed within the pre-
scribed time after the permit is issued or any authorized
extension thereof. A Certificate of Water Right is
issued if the project has been completed in substan-
tial accordance with the permit. A Certificate of
Water Right cannot be issued however until a general
determination of existing rights in the source has
been completed.
III-164
-------
Existing Water Rights
An existing water right is a right to the use of
water which would be protected under the law as it
existed prior to July 1, 197j. Water use for energy
development may require the use of water for which
a water right has been established. If a change of
place of use, place of diversion, purpose of use, or
place of storage is contemplated, pursuant to 89-d92,
R.C.M. 1947, application must be made and authoriza-
tion received from the DNR&C. The severance or sale
of a water right, pursuant to 89-893, R.C.M. 1947
also requires authorization by the department. Pur-
suant to the section cited, notice, hearing, etc.
are conducted as per applications for water use
permits.
Issuables
Application for Permit to Appropriate Water
Permit to Appropriate Water
Certificate of Water Right
Completion Report of Water Development
Authorization of Change of Existing Water
Right.
Advisory Agencies
None
III-165
-------
MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
WATER RESOURCES DIVISION
YES
PnOCEED WITH
WELL
COMPLETE
APPLICATION
FILE NOTICE OF
COMPLE TION
NOTICE OF
COMPLETION
OF^fEU-^^
D
MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
ST A TE OR PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES hucft m wsitrl
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVATE INDIVIDUALS
APPEALS
pnocr^
ISSUE
CEit TiriC ATE
END OF
APPI (CATION
SOURCE IS A WELL
NOT IN CONTflOLLEO GROUND WATER AHEA WITH
MAXIMUM VIELO LESS THAN 100 GPM
-------
Montana-Department of Natural Resources and Conservation:
Energy Planning Division
Legal Authority
The Montana Major Facility Siting Act grants the
Department of Natural Resources and Conservation
jurisdiction over any facility designed for, or capable
of, generating 50 megawatts of electricity or more, or
any addition thereto having an estimated cost in excess
of $250,000 and related transmission lines.
Description of the process
No facility under this jurisdiction may be built
without first applying for an receiving a Certificate
of Environmental Compatability and public Need, upon
receipt of the application, the Division begins the
review, evaluation, and study of the proposed project
(See Flowchart E~^° ). This study is allowed up to
two (2) years and encompasses an environmental and
economic assessment of the project. After completion
of the study, the Division presents its report of all
findings and recommendations to the Board of Natural
Resources and Conservation. The Board invites input
from all interested State advisory agencies.
Within four (4) months, the 3oard holds public
certification hearings to accept additional input to
the evaluation. Within three (3) months after the end
of the hearings, the Board issues its opinion and
decision on the issuance of a Certificate for the
project. Any aggrieved parties may petition to the
State district courts for appeal.
When the final determination is reached, either the
project is issued a Certificate of Environmental
Compatability and Public Need and may proceed or it
is denied a Certificate and is terminated.
Issuables
Application for Certificate of Environmental
Compatability and public Need
Division Report on project (Environmental and
Economic Assessment)
Certification Hearings
III-166
-------
Opinion for Determination
Certificate of Environmental Compatability and
Public Need
visory Agencies
Department of Health and Environmental Sciences
Department of Highways
Department of intergovernmental Relations
Department of Fish and Game
Department of Public Service Regulation.
III-167
-------
MONTANA DEPARTMENT OF NATURAL RESOURCES
AND CONSERVATION
ENERGY PLANNING DIVISION
A MEANS
STATE AGENCY
m JURISDICTION ONL Y ON
STA TE LAND
HOLD
REACH
CERTIFICATION
DETERMINATION
HEARINGS
ON APPLICATION
1
'
APPEAL THROUGH
YES
STATE DISIRICT
COURTS
END OF APPLICAHON
-------
Montana-Division of Health: Water Quality Bureau (WQB)
Legal Authority
Responsibility for, and authority over the control of
air pollution sources in Montana is given to the
Division of Health by Chapter 69-4800 of the Montana
1 aws.
Description of the process
The applicant must file with the WQB a Notice of Intent
to Construct which notified the WQB that there will
be a new contribution to water pollution, usually plans
and specifications are filed with the Notice. The Water
Quality Board notifies the Environmental protection
Agency of the receipt of the application. The Bureau
then reviews and evaluates the proposed projects,
accepting input from interested agencies, (See
Flowchart E-32 ).
The Bureau makes its preliminary decision and issues
public notice of the intended decision. Comments are
thereby solicited from the public. These comments are
reviewed and evaluated, if public remarks warrant,
public hearings may be held in which all interested
parties are heard.
After all facts are gathered and all parties heard,
the Bureau then reaches its final determination to
approve or deny the proposed project. Written notice
of the decision is mailed to the applicant and to the
EPA.
Issuables
Public Notice of Intended Decision
Written Approval or Disapproval of Proposed
proj ect
Advisory Agencies
Environmental protection Agency
III-168
-------
MONTANA DIVISION OF HEALTH
WATER QUALITY BUflEAU
MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
l oca reo on federal,
STA TE OR PRIVATE I AMOS
OR LANDS WHICH REQUIRE
RESOURCES (tucfi si mutt'f
CONTROLt ED BY FEDERAL
OR STATE AGENCIES
OR PRt VA TE INDIVIOUALS
ISSUE PUBLIC
NOTICE OF
INI ENDED
DECISION
PUBLIC
NOTICE
RECEIVE ft
REVIEW
PUBLIC
COMMENTS
PUBLIC
COMMENTS
EVALUATE ft
REACH FINAL
DETERMINATION
NOTIFY EPA
OF DECISION
-------
(C) NORTH DAKOTA
£11-169
-------
North Dakota -
Public Service Commission
Tine Public Service Commission in North Dakota has
responsibility for regulating several energy development
categories within the State. The Commission issues permits
for the mining of coal and for the reclamation which must
follow. In addition, the Commission is responsible for the
administration and enforcement of the North Dakota Energy
Conversion and Transmission Facility Siting Act. In this
capacity, the Commission must grant certificates of site
compatability for energy conversion facilities, energy
transmission facilities, and route permits for facilities
in transmission corridors.
Legal Authority
The authority for the Commission to regulate the siting
of energy facilities is granted by the North Dakota
Energy Conversion and Transmission Facility Siting Act,
Chapter 49-22 of the North Dakota Century Code. The
regulations governing the Commission's actions under
this legislation are continued in "Rules and
Regulations of the North Dakota Public Service
Commission Governing the Siting of Energy Conversion
and Transmission Facilities" which were adopted
December 23, 1975.
Description of the Process
Following the recent application for site
compatability, the Commission must make two
determinations as to completeness (See Flowcnart E-34).
Along with an examination to determine if all of the
requirements of the Commission have been met, the
Commission must determine if all other required permits
have been obtained by the developer and if the developer
has filed a letter of intent. Any developer seeking
a site compatability permit must file a letter of intent
with the Commission one (1) year prior to the filing
of an application, unless a shorter time is approved
by the Commission.
If the determination is made that the application is
complete, the application is reviewed by the Commission.
One of the purposes of this review is to ascertain
whether the proposed site for the facility is in a
constraint area. If the site is in a constraint area,
the next determination is whether the site is an
exclusion area or an avoidance area. If the area has
III-170
-------
been designated as an exclusion area, the developer
is prohibited from building his facility. If the area
has been designated as an avoidance area, the developer
.nay build the facility only if he is able to demonstrate
a compelling reason for locating on that site.
Should the application process continue, the next step
is for the Commission to schedule and hold a public
hearing. At this hearing, both advisory agencies and
members of the public may be heard. Following the
hearings, the Commission assembles the results and
evaluates its findings. If the Commission decides to
grant the application, the permit is issued and
development may proceed. Appeals to decisions of the
Commission may be filed in the district court.
Issuables
The Commission issues a Certificate of Site
Compatability.
Advisory Agencies
Water Commission
Soil Conservation Committee
State Game and Fish Department
Natural Resources Council
Planning Division
Regional Environmental Assessment Program
Business and Industrial Development Commission
III-171
-------
NORTH DAKOTA PUBLIC SERVICE COMMISSION
OR ST A T£ AGENCIES
OR PRIVA T£ INDIVIDUALS
SCHEDULE
PUBLIC
HEARING
HOLD
HEARING
r_ _
I
I
L
ADVISORY
AGENCIES.
PUQLIC
H
END OF
Pftoci SS
-------
North Dakota
- Water Commission
The State Engineer administers the Water Rights Program for
the State Water Commission. The State Engineer issues
permits for the appropriation and use of water within
North Dakota. The authority of the Commission covers all
water in the State, whether it is associated with the
Federal Government, the State, or private land owners.
If the water in question is, for example, under the control
of a Federal agency, the developer must obtain a permit
from the Federal agency and the Engineer. Along with
the permit to appropriate and use water, any energy developer
who plans to construct a dam or a storage reservoir which
is capable of impounding more than 12.5 acre-feet of water
must obtain a permit from the Commission prior to
construction.
Legal Authority
The authority of the Commission and State Engineer
over water resources within the State is granted
by Chapter 61-02 and 61-04 of the North Dakota
Century Code. The regulations governing the
activity of the Commission are stated in "Circular
of Instructions Relative to Appropriation and Use
of Water" published in June, 1974.
Description of the Process
Following the receipt of the application, the
Engineer assigns a priority date to the application
(See Flowchart e-36 . State law recognizes the concept
of prior appropriation of water, consequently the
date of the application becomes important should a
conflict develop. Once the priority date has been
assigned, the Engineer reviews the application for
completeness. If the application is complete, the
Engineer reviews the application to determine if
there is unappropriated water available and if the
application is in the public interest. If the Engineer
determines that the answer to both of these questions
is "yes", the Engineer schedules a hearing. While a
hearing is required for all water applications, now
that the siting legislation requires a hearing,
hearings for water use related to a facility which
requires a siting permit are held jointly with the
Public Service Commission. Once a hearing has been
scheduled, the applicant must give notice of the
III-172
-------
hearing to owners of land within a mile radius of
the location and publish a notice in a newspaper of
general circulation within the area.
At the hearing, testimony is heard from any agency or
member of the public wishing to speak. Following the
hearing, the Engineer evaluates the evidence and
makes a determination on the application. If the
application for water is granted, the applicant
receives a Conditional Water Permit. Once the water
is applied to a beneficial use, the applicant receives
a Perfected Water Permit. For a dam, the applicant
receives a construction permit and a permit to
appropriate water.
Any action of the Engineer or Commission may be
appealed through the District Court.
Issuables
The Engineer and/or Commission issues:
Conditional Water Permit
Perfected Water Permit
Dam Construction Permit
Advisory Agencies
III-173
-------
NORTH DAKOTA WATER COMMISSION
iif crivE
AI'PLICAIION
APPLICATION
AND
Ff L
ASSIGN
i'Rionir
DA IE
YES
IS X
APPLICATION *
COMPLETE?
REVIEW
APPLICATION
IS \
APPLICATION
IN PUBLIC
INTEREST?
SCHEDULE
PUBLIC
HEARING
H
two or PROCESS
nETunN TO
APPLICANT
END OF PROCESS
APPLICANT
PUBLISHES
NOTICE OF
HEARING
NEWSPAPER
NOTICE
E 37
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STATE OR PR! V A TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (tuch m water I
CONTROLLED BY FEDERAL
OR ST A TE AGENCIES
OR PRIVATE INDIVIDUALS
ISSUE
PERMIT
EVALUATE
FINDINGS
HOLD
HEARING
ADVISORY
AGENCIES.
runLic
ENI) OF PROCESS
-------
North Dakota -
Department of Health: Air Quality Division
The Air Quality Division of the Department of Health plays
three important regulatory rolss in energy development
within the State. The Division:
Regulates air pollution in the State and is responsible
for maintaining air quality
Functions as the nuclear regulatory agency in the State
and is responsible for monitoring radioactive
materials. This is done under an agreement with the
Nuclear Regulatory Commission. Consequently, the
Division functions as the NRC in North Dakota
Regulates solid waste disposal. In this capacity, the
Division is responsible for monitoring such problems
as oil spills at production sites.
These are two Air Quality Maintenance Areas (AQMA's) which
have been designated within the State.
Legal Authority
Description of the Process
Upon receipt of the application, the Division makes a
determination as to completeness of the application
(See Flowchart E 38). if the application is complete,
the Division conducts a preliminary review. Following
the review, the Commission conducts an inspection of
the proposed site for construction. This inspection
is conducted to determine the additive effect of the
new source of air pollution on the site. If the site
is found to be unacceptable, the developer must either
improve his controls to reduce the emissions or find
a new site. If the developer chooses to find a new
site, the application is resubmitted.
If the site is found acceptable, the Division evaluates
its findings. Based on this evaluation, the Division
publishes a public notice of its intent to approve or
disapprove the applications. This public notification
is given to provide the public with the opportunity
£11-174
-------
to give comments to the Division. Following the receipt
of the public comments, the Division assesses all the
material received and makes its decision. If the
decision is affirmative, the Division issues a permit
to construct. This permit is generally issued with
conditions or standards which the developer must meet.
Following construction, the developer is allowed a
trial operation period. During the trial operation
period, the Division conducts a test to ensure that
standards are met. These tests are done during a one
year pre-operation period and a two year post-operation
period. If the facility meets the standards, a three
year operating permit is issued. Each permit must be
renewed every three years. The Division conducts
compliance inspections during the operation of the
facility.
Issuables
The Division issues:
Construction Permit
Fugitive Dust Permit
Operation Permit
Radioactive Material Permit
Solid Waste Disposal Permit
Advisory Agencies
Environmental Protection Agency
Nuclear Regulatory Commission
State Planning Agency
Regional Environmental Assessment Program
3
-------
NORTH DAKOTA DEPARTMENT OF HEALTH
AIR QUALITY DIVISION
LOCATED ON FEDERAL.
STA TE OR PRIVA TE LANDS
m OR LANDS WHICH REQUIRE
RESOURCES {such m water)
CONTROLLED fJY FEDERAL
OR STA TE AGENCIES
OR PRIVA TE INDIVIOUALS
-------
North Dakota - Department of Health: State Water Pollution
Prevention Agency
The State Water Pollution Prevention Agency is charged with
the responsibility to protect, maintain, and improve the
quality of water in North Dakota. In this capacity the
Agency must monitor all water emissions from any energy
development activity and ensure that all waste water
treatment facilities meet the standards of the Agency prior
to construction.
Legal Authority
The Agency operates under the authority of Chapter 479,
Sections 61-28-01 tnrough 61-28-08, of the North Dakota
Century Code effective July 1973 and Amendments 61-
28-02, 61-28-04, and 61-28-06 effective January 1975.
The regulations governing the actions of the Agency
are contained in "Standards of Surface Water Quality
for the State of North Dakota," published by the
Department of Health.
Description of the Process
Following the receipt of the application, the Agency
makes a determination as to its completeness (See
Flowchart E~40 ). if the application is complete, the
Agency reviews the plans and specifications for the
project to determine if the effluents from the project
will meet the State standards. If a retention pond
is employed in the energy development project, the pond
must be sealed to prevent contamination of ground water.
After an analysis of the specifications for the project
are made, the Agency determines if the State standards
are met. The State generally employs the water quality
standards employed by the Environmental Protection
Agency. However, there are some instances where the
State standards are more strict. If the State standards
are met, the Agency issues a permit. Following the
commencement of operation, the developer must monitor
his waste water. This self-monitoring with regular
reporting to the Agency is done to insure that the
standards continue to be met.
The Agency issues no permit for longer than five (5)
years. Currently, however, no permits are being issued
for a time period beyond 1980.
III-175
-------
Issuables
The Agency issues:
Construction permit
Operation permit
Advisory Agencies
Environmental Protection Agency
Water Commission
State Game and Fish Department
Hl-176
-------
NORTH DAKOTA DEPARTMENT OF HEALTH
STATE WATER POLUTION PREVENTION AGENCY
E-40 V
RECEIVE
APPLICATION
AND PLAN
APPLICATION
AND
PLAN
RECEIVE
REPORTS
FROM
DEVELOPER
E-41
\ _
D
RETURN TO
APPLICANT
ENDOFPflOCESS
STA TE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
S TA TE OR PR! VATE LA NDS
OR LANDS WHICH REQUIRE
RESOURCES Ituch jj water!
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVATE INDIVIDUALS
-------
(d) SOUTH DAKOTA
-------
South Dakota -
Office of Cultural Preservation
The Office of Cultural Preservation operates to mitigate
the damages of any energy development activity which may
have an effect on archaeological sites or areas of historical
significance. Any project which is Federally funded,
assisted, licensed, or approved must report to the Office.
The State Legislature has extended the authority of the
Office to State land and, if the owner has registered with
the State, to private lands within the State.
Legal Authority
The Office of Cultural Preservation is authorized by
the National Historic Preservation Act (P. L. 89-665),
Executive Order 11593, and the South Dakota State
Antiquities Law (SDCL 1-20-17 through SDCL 1-20-37),
in conjunction with the National Environmental Policy
Act.
Description of the Process
Any project in the State which is Federally funded,
assisted, licensed, or approved must have a plan
filed with the State Office of Cultural Preservation
(See Flowchart e-42 ) The Office reviews the pro-
posed plan and makes a determination. The project
may either have no effect on the significance of the
area, have a positive effect on the area, or have an
adverse effect. If the Office concludes there will
be no adverse effect, documentation of such is sent
to the President's Advisory Council for concurrence.
If the Council does not concur, the same procedure
as for an adverse effect is followed. If the
project will have an adverse effect, the Office
will advise the developer that a study must be
conducted to detail the effects. The Office will
conduct the study for the - developer; however, the
developer is free to have his study conducted by a
qualified party of his own choosing. In either
case, the developer must pay the costs of the study.
The object of this entire effort is to preserve
areas or items of historical or archaeological
significance. When the project is site specific,
for example a coal mine, the Office attempts to
prohibit all development from proceding until any
area, building, and so forth have been moved or had
their significant articles salvaged before develop-
ment proceeds. Where it is possible to shift the
location of the facility, for example a generating
plant, the Office will encourage such action.
III-178
-------
Issuables
The Office issues approval for the compatability of
the development project with the archaeological or
historical heritage of the State.
Advisory Agencies
State Planning Bureau
Department of Natural Resource Development
Energy Policy Office
Department of Environmental Protection
President's Advisory Council
III-179
-------
SOUTH DAKOTA OFFICE OF CULTURAL PRESERVATION
NCCCIVE
FLAN FOR
DEVELOPMENT
OrVELOTMENT
PLAN
SEND
y NSr
DOCUMENTATION
TO PRESIDENT'S
ADVISORY COUNCIL
FOR REVIEW
NOTIFY
DEVELOPER OF
ADVERSE
EFFECT
OFFICE
CONDUCTS
STUDY
PLAN PnEPAnED
TO MITIGATE
ADVEnSE
EFFECTS
MITIGATION
PLAN
MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATEO ON FEDERAL.
STATE OR PRIVATE LANDS
0 OR LANOS WHICH REQUIRE
RESOURCES Isuch as wsteit
CONTROLLED BY FEDERAL
OR ST A TE AGENCIES
OR PRIVA TE INDIVIDUALS
-------
South Dakota -
Public Utilities Commission
The State of South Dakota has no siting legislation,
consequently the Commission has no authority over the siting
of facilities or transmission lines. The CommLssion has
recently received authority to determine public convenience
and necessity. This authority, however, is so new that the
Commission is somewhat uncertain as to the scope of its
author ity.
The focus of the Commission's authority is on the rate
structure of utilities. For any utility which derives
twenty-five percent (25%) or more of its revenue from South
Dakota, the Commission must approve the financing mix for
any new facilities.
Legal Authority
The authority of the Commission is granted by Chapter
49-34A of the SDCL. The regulations governing the
activities of the Commission are contained in "Public
Utilities Commission of the State of South Dakota
Procedure Rules of the Public Utilities."
Description of the Process
Following the receipt of the financing description of
any new construction by a utility, the Commission must
make two determinations. First, does the util ity der ive
twenty-five percent (25%) or more of its revenue from
South Dakota. If the answer to this question is "no,"
the Commission has no jurisdiction. (See Flowchart E-44)
If the answer is "yes," the Commission must determine
if the financing proposal follows the regulations of
the Securities and Exchange Commission. If this
determination is affirmative, the Commission reviews
the proposal. Should the financing of the new facility
not adversely effect the utility's rate structure, the
Commission will approve the proposal.
Issuables
Approval of the financing plan.
Advisory Agencies
Hl-180
-------
SOUTH DAKOTA PUBLIC UTILITIES COMMISSION
RECEIVE
FINANCING
PROPOSAL
DOCS
"COMMISSION
nIIAVE
JURISDICTION?
APPROVAL
GRANTED
FINANCING
PROPOSAL
ADVISORY
AGENCIES
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
ST A TE OR PRIVA TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (such -w wjierf
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVA TE INDIVIDUALS
END OF PROCESS
nETuruj
TO
APPLICANT
END OF PROCESS
-------
South Dakota - Department of Environmental Protection
The South Dakota Department of Environmental Protection is
responsible for maintaining the quality of the air and water
within the State and for monitoring hazardous and solid
waste discharges. For air emissions and solid waste,
the Department must issue a permit. The Department has
not concluded an agreement with EPA at this time which
will enable the'Department to issue wastewater discharge
permits under the National Pollutant Discharge Elimination
System. Currently the Department cooperates with the
EPA on the issuance of all such permits. On October 1,197 6,
however, the Department will certify the federally-issued
permits.
In addition, the State now requires that any State agency
which takes a significant action must file an environmental
impact statement with the Department. Actions of State
agencies such as the issuances of licenses and permits may
be considered significant State actions. The final
statement of any agency must be filed with the Department
at least thirty (30) days prior to the beginning of any
activity resulting from the State action.
Legal Authority
The Department operates under authority granted by
several State statutes. The South Dakota Compiled Laws
(3DCL) 34-16A provide air pollution control authority;
SDCL 46-25 provide water pollution control authority;
and SDCL 11-1A is the Environmental Policy Act.
Description of the Process
Following the receipt of the application, the
Department examines the application to determine if
it is complete (See Flowchart E-46). If the application
is complete, the Department determines if the emissions
from the facility meet the standards of the State. If
the State standards are met, the Department will issue
a permit.
Issuables
The Department issues:
A permit to construct under the air quality
program
A permit to operate under the air quality program
IH-181
-------
A permit to operate a solid waste disposal
facility
Advisory Agencies
Environmental Protection Agency
Department of Natural Resource Development
Conservation Division (Department of Agriculture)
State planning Bureau
Department of Game, Fish and Parks
III-182
-------
SOUTH DAKOTA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LOCATED ON FEDERAL. RETURN TO END OF PROCESS
STATE OR PRIVATE LANDS APPLICANT
OR LANDS WHICH REQUIRE
RESOURCES (such as waterI
CONTROLLED BY FEDERAL
OR STA TE AGENCIES
OR PRIVATE INDIVI DUALS
-------
South Dakota - Department of Natural Resource Development
The Department of Natural Resource Development has two
divisions which plav an important role in regulating
energy development in South Dakota. The Water Rights
Division has the authority over water appropriation and
use within the State. The Geological Survey regulates
the production and transportation of oil and gas.
The Water Rights Division must approve any use of water
other than domestic. In addition, the Division must
approve any reservoir. A developer which drills a
water well must notify the Division.
The authority for these components of the Department
extends to Federal, State, and private lands.
Legal Authority
The authority for the Water Rights Division is
granted by Chapters SDLC 46-1 through SDLC 46-32,
the South Dakota Water Laws. The regulations
governing the activities of the Division are
contained in "Rules of Water Rights Commission."
Description of the Process
Following the receipt of the application by the Divi-
sion, the Division makes a determination of complete-
ness (See Flowchart E-48 ). If the application
is complete, the Division plans an advertisement of
the application in newspapers local to the affected
area for a two (2) week period. The application is
then brought to the Water Rights Commission. The
Water Rights Commission is an eight member, lay
commission from across the State appointed by the
governor.
After evaluating the application and the testimony,
the Commission makes a determination. Any request
for water rights for more than ten thousand (10,000)
acre-feet per year must be approved by the State
legislature.
Issuables
Water Rights Permit
III-183
-------
Advisory Agencies
Bureau of Reclamation
Army Corps of Engineers
Environmental Protection Agency
Department of Environmental Quality
Department of Game, Fish and Parks
III-184
-------
SOUTH DAKOTA DEPARTMENT OF NATURAL RESOURCE DEVELOPMENT
WATER RIGHTS DIVISION
RETURN TO
APPLICANT
STATE LEGISLATURE
MUST PECIOE
APPLICATION
D
STA TE AGENCY
AUTHORITY OVER PROJECTS
LOCA TED ON FEDERAL,
STA TE OR PRIVA TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (tucft ji wjtcrf
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVATE INDIVIDUALS
-------
(9) UTAH
III-185
-------
Utah-State planning Coordinator
Legal Authority
The Office of the State planning Coordinator is charged
with the responsibility of implementing the Executive
Order on Environmental Quality of 1974. This same
Executive Order also grants the Coordinator the
authority for implementation of the order.
Description of the process
The State planning Coordinator is notified of a
proposed project either by an agency with jurisdiction
over the project or by the party proposing the project
(See Flowchart E-50 ). if the project is Federally
assisted or in other ways falls under the National
Environmental policy Act or OMB Circular A-95 or A-
102 procedures, then compliance with these procedures
is sufficient and no further review is required by the
Coordinator. A project not so exempted must have an
environmental assessment prepared by the agency
responsible for the proposed activity.
information obtained through coordination with other
agencies, together with information obtained from other
appropriate investigation and study, is used in making
an environmental assessment of the proposed action.
This assessment allows the initial determination of
whether or not the project will have a significant
environmental impact. If not, the environmental
assessment is forwarded directly to the Environmental
Coordinating Committee (ECC) for review. If the action
is deemed to have a significant impact, the responsible
agency must first prepare an Environmental impact
Statement (EIS) prior to forwarding the EIS and the
environmental assessment to the ECC for review.
The ECC reviews the available information on the
project, prepares its comments and recommendations and
forwards everything to the Economic and physical
Development interdepartmental Coordinative Group (EPD
Group). The EPD Group then reviews the proposed project
and prepares comments and recommendations. If the
proposed project is again deemed to not have
significant impact, the project approval is decided by
the responsible agency and appropriate approval or
disapproval issued. If a' project is considered to have
significant impact and an EIS has not yet been prepared,
III-186
-------
then one must be prepared by the responsible agency
and processed through the ECC and EPD Group for review.
Any proposed project which has had an EIS prepared must
go to the Governor with the cumulative comments and
recommendations of all reviews. The final decisions
on all projects with significant environmental impact,
therefore, is made by the Governor and the appropriate
approval or disapproval is issued.
issuables
Environmental Assessment
Environmental Impact Statement
project Approval
Advisory Agencies
HI-187
-------
STATE
PLANNING
V ~
COORDINATOR
LEARNS OF
PROJECT
RESPONSIBLE
AGENCY
PREPARES
E. A.
ENVIRONMENTAL
ASSESSMENT
\
EVALUATE
PROJECT FOR
SIGNIFICANCE OF
ENVIRONMENTAL
IMPACT
\
FEDERAL. STATE
AND LOCAL
ADVISORY
AGENCIES
UTAH STATE PLANNING COORDINATOR
A MEANS
STATE AGENCY
JURtSOtC TION ONL Y ON
STATE LAND
SIGNIFICANT
IMPACT
7
RESPONSIDLE
AGENCY
PREPARES EIS
ENVIRONMENTAL
IMI'AC r
STATEMENT
(CIS)
E.C.C.
ECC
ECC
REVIEWS.
COMMENTS &
REVIEWS.
COMMENTS &
RECOMMENDATIONS
COMMENTS 8>
RECOMMENDS
RECOMMENDS
EPD
REVIEWS.
COMMENTS &
RECOMMENDS
EPD
COMMENTS 8.
RECOMMENDATIONS
EDP
REVIEWS,
COMMENTS &
RECOMMENDS
END OF
PROJECT
-------
Utah-Division of Health: Air Quality Bureau (AQB)
Legal Authority
Responsibility for, and authority over, the control of
air pollution sources in Utah is given to the Division
of Health by the Air Conservation Act and the Utah
Code Annotated, 1953, Title 26.
Description of the process
The applicant must file with the AQB a Notice of intent
to Construct which notifies the AQB that there will
be a new contributor of air pollution, usually plans
and specifications are filed with the Notice. The
Bureau then reviews and evaluates the proposed project,
accepting input from interested agencies (See Flow-
chart E-52 ).
The Bureau makes it preliminary decision and issues
public notice of the intended decision. This is to
be published in the Salt Lake Tribune and a newspaper
local to proposed project site. Comments are thereby
solicited from the public, which are reviewed and
evaluated, if public remarks warrant, public hearings
may be held in which all interested parties are heard.
After all facts are gathered and all parties heard,
the Bureau then reaches its final determination to
either approve or deny the proposed project. If the
project is approved, written notice is sent to the
applicant.
issuables
Public Notice of intended Decision
Written Approval of proposed project
Advisory Agencies
HI-188
-------
UTAH DIVISION OF HEALTH
AIR QUALITY BUREAU
MEANS
STATE AGENCY
AUTHORITY OV£B PROJECTS
LOCATEO ON FEDERAL.
ST A TE OR PRIVA TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (such as water/
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVATE INDIVIDUALS
APPROVAL OF
CONSTRUCTION
WRITTEN
APPROVAL
END OF
PROPOSAL
-------
Utah-Bureau of Solid waste Management
Legal Authority
The Bureau of Solid Waste Management under the
authority of the Division of Health, is responsible
for the enforcement of all solid waste disposal
r egulations.
Description of the process
in this capacity, the Bureau must receive, review, and
approve the preoperating plans prior to construction
(See Flow Chart E-54 ).
Issuables
Aproval of preoperating plans
Advisory Agencies
III-189
-------
UTAH BUREAU OF SOLID WASTE MANAGEMENT
END OF
APPLICATION
/\ MEANS.
STATE AGENCY
JURISDIC TION ONL Y ON
STATE LAND
-------
Utah Bureau of Sanitation
Legal Authority
The 3ureau of Sanitation under the authority of the
Division of Health, is responsible for the enforcement
of all plumbing regulations.
Description of the process
The Bureau must receive, review, and approve all
plumbing design plans prior to constructing (See
Flowchart E-56 ).
issuables
Approval of plumbing plans
Advisory Agencies
III-190
-------
UTAH BUREAU OF SANITATION
APPLICATION
A MEANS'
STATE AGENCY
0 JUftlSDIC TION ONL Y ON
STATE LAND
-------
Utah-Division of Health: Bureau of Water Quality (BWQ)
Legal Authority
Description of the process
The Bureau of Water Quality is not yet supported by
the statutes needed to comply with EPA Regulations.
Thus, the only function it may perform is to analyze
a proposed water discharge and to certify to the EPA
that the proposal needs Federal standards and thus
should be issued a Federal permit by EPA. Usually,
applications are received one to three (1 to 3) years
in advance of proposed construction (See Flow-
chart e-58 ).
Issuables
Certification to EPA
Advisory Agencies
Environmental Coordinating Committee
Bureau of Natural Resources
Bureau of Solid Waste Management
III-191
-------
UTAH DIVISION OF HEALTH
BUREAU OF WATER QUALITY
BNO OF
APPLICATION
MEANS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL,
STATE OR PRIVATE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (such as woior)
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVATE INDIVIDUALS
-------
Utah Department of Business Regulation
Legal Authority
The Department of Business Regulation, through the
Public Service Commission (PSC), is responsible for
supervision of all electric utilities in Utah. The
Public Service Commission is granted authority in this
area by Section 76-6-1 of the Revised Statutes of Utah,
1933.
Description of the process
When an application is received at the PSC, it must
be determined that the PSC has jurisdiction and that
the utility proposal involves at least a 25% change
in the gross investment in the utility, if so, the
PSC will investigate the proposal and reach a
determination which is published in the form of a Report
and Order. The Report and Order does not become
effective until 20 days after it is issued, if, in
that period, protests are filed, then a public hearing
and reevaluation of the proposal is required.
After all hearings and evaluations, if the PSC decides
to approve the proposal, a Certificate of Public
Convenience and Necessity is issued. This allows the
utility to proceed with the change (usually original
construction or expansion) at the site in the proposal
(See Flowchart E-bO).
Issuables
Report and Order
Certificate of public Convenience and Necessity
Advisory Agencies
HI-192
-------
UTAH DEPARTMENT OF BUSINESS REGULATION
APPLICATION
RECEIVED
ATPSC
APPLICATION
y/ Z5*\.
INVESTIGATE
YES
/'CHANGE IN\
YES
PROPOSAL
V. ASSETS
AND REACH
? y/
DETERMINATION
ISSUE
DETERMINATION
IN REPORTS
ANO OROER
END OP
PSC INVOLVMENT
P SC. APPROVAL
NOT REQUIRED
ISSUE
CERIIFICA1E
OF PUIH.IC
NECESSITY
CERTIFICATE OF
punnc
CONVENIENCE
AND NECESSIT Y_
END OF
APPLICATION
MEANS
STATE AGENCY
junisDtc noN onl y on
STATE LAND
-------
Utah-Division of Water Rights (DWF)
Legal Authority
The Division of Water Rights of Utah is granted
authority over water appropriation by the Utah Law of
Water Rights of 1897 and subsequent amendments thereto.
Description of the process
Before commencing construction, enlargement, extension,
or structural alteration of any distributing works, or
performing similar work toward acquiring an
appropriation right or enlarging an existing one, a
written application must be made to the State Engineer.
(See Flowchart E-62 ). Notice of the application is
published; and protests that are filed must be
considered by the State Engineer before he approves
or rejects the application (Notice of the application
and protests are allowed 30 days prior to State
Engineer's decision), if approved, the applicant is
authorized to proceed with construction of the
necessary works and to take all steps required to
perfect his proposed appropriation. The times within
which construction of works shall be completed and the
water applied to beneficial use are fixed by the State
Engineer. The State Engineer issues a certificate of
appropriation which evidences the holder's right of use.
If the application is not approved, the applicant may
appeal the decision, whereupon public hearings are held
and the issue reevaluated and decided.
Issuables
Certificate of Appropriation
Advisory Agencies
III-193
-------
E-62
2Vj
SI Alt ENGINEER
MrCEIVES
AI'PLICA I ION
ruoiisii
notice or
APPLICATION
NOTIFY
INTERESTED
AGENCIES
APPLICATION
FOIl WAltn
AITIIOPIIIATION
NOTICE OF
RECEIPT OF
APPLICATION
COMMENTS AND
OTHEfl INPUTS
A MEANS
STATE AGENCY
0 JURiSDIC HON ONL Y ON
STATE LAND
UTAH DIVISION OF WATER RIGHTS
STATE ENGINEER
RECEIVES
PROTESTS
(IF ANY)
STATE ENGINEER
EVALUATES
AND DECIDES
ISSUE APPROVAL
AND
ODTAIN BOND
WIliriEN
APPROVAL
T
H-63
SUI1EIY
nOND
END OF
APPLICATION
-------
(f) WYOMING
III-194
-------
Wyoming - Department of Environmental Quality
The Wyoming Department of Environmental Quality (DEQ) is
responsible for maintaining the quality of the air, water,
and land within the State. Any energy developer must ob-
tain an air, water, and land quality permit from the DEQ.
Legal Authority
The Department of Environmental Quality operates
under the authority of the Wyoming Environmental
Quality Act of 1973.
Description of the Process
For an air quality permit, a developer must apply to
the Air Quality Division. For a water quality per-
mit, a developer must apply to the Water Quality Di-
vision (See Flowchart E-64). The air quality permit must
be issued prior to construction. To receive such a
permit, the developer must show that neither the
fugitive dust nor the new emissions will exceed the
standards established by the Division.
Likewise for the water quality permit, the developer must
show that any water from the project which is introduced
into surface drainage or other water effluents will not
exceed the standards established by the DEQ. Where the
State standards are higher .than those of the Environmental
Protection Agency, the requirements of the EPA will be met
when the State standards are met. Consequently, there will
be no need for a developer to meet additional requirements
to receive EPA approvals. If, however, Wyoming require-
ments are lower than those of the EPA, the higher Federal
standards must be met before the developer may begin
activity.
If the standards of the State are met, both the Air
and Water Quality Divisions will issue permits to
the developer.
Issuables
The Air Quality Division issues:
Permits to Construct
Permit to Modify
Permit to Operate
III-195
-------
The Water Quality Division issues:
Permit to Discharge and Operate
Permit to Construct, Install, or Modify.
Advisory Agencies
State Engineer
Game and Fish Commission
Eureau of Reclamation
Environmental Protection Agency.
III-196
-------
WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY
AIR AND WATER QUALITY DIVISIONS
on lands which neoume
RESOURCES (iuch u water!
CONTROLLED BY FEDERAL
OR STA TE AGENCIES
OR PR! VA rE INOI VIDUALS
END OF PflOCESS
-------
Wyoming - Department of Environmental Quality
The Wyoming Department of Environmental Quality (DEQ) is
responsible for maintaining the quality of the air, water,
and land within the State. Any energy developer must ob-
tain an air, water, and land quality permit from the DFQ.
Legal Authority
The Department of Environmental Quality operates
under the authority of the Wyoming Environmental
Quality Act of 1973.
Description of the Process
Prior to the construction of an energy conversion
facility, such as an electric generating plan or a
coal gasification plant, or prior to commencement of
mining operations, a developer must receive approval
from the Land Division of the DEQ (See Flowchart E-66 ).
For a developer to begin construction activity, the
developer must receive a land use permit. To re-
ceive such a permit the developer must meet the land
use requirements of the Land Division.
For a developer to begin mining operations, the Land
Division must issue two permits. The first permit
required is a mining permit. The mining permit will
be issued after the Land Division approves the de-
veloper's mining plan. The second requirement of
the Division is that the developer submit a reclamation
plan and a bond. The developer must also post a
reclamation bond.
Issuables
The Land Division issues:
A Permit to Mine
A License to Mine
A License to Explore
Advisory Agencies
Land Use Commission
Department of Economic Planning and Development
State Geological Survey
III-197
-------
WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY
LAND DIVISION
LAND
USE
nECEIVE
APPLICATION
REVIEW
CONSULT
APPLICATION
ADVISORS
LAND USE
on
MINING?
APPLICATION
REVIEW
PLAN
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
S TA TE OR PR! VA TE L ANDS
OR LANDS WHICH REQUIRE
RESOURCES (such
-------
Wyoming -
State Engineer
The State Engineer issues all water rights permits and has
the authority to administer the water supply. The authority
of the State Engineer extends to both the diversion and use
of water as well as attempts to convert water from one use
to another. Any developer who requires water in the State,
regardless of whether the project is located on Federal,
State, or private lands, is subject to the jurisdiction of
the State Engineer.
Legal Authority
Wyoming Statutes 41-1.42 through 41-1.46 and Sections
9-160.22, 9-160.29, and 9-160.31 present the legal
authority for the State Engineer.
Description of the Process
Following the receipt of the completed application, the
first step is for the State Engineer to conduct an
analysis of the application (See Flowchart E-68 ).
If the application is for a large amount of water, e.g.,
for the cooling of an electric generating facility or
for use in a coal gasification plant, the State Engineer
would determine that it would be necessary for the
interdepartmental water conference to conduct a
feasibility study. This study is designed to assess
the impact of the proposed project and to evaluate the
application in the context of the total State intention
for water use.
If the amount of water is small, e.g., drilling a water
well to support a coal exploration effort, the
application decision will be made without the
feasibility study.
In the conduct of the feasibility study, the water
conference will analyze the application and supporting
data; conduct public hearings to obtain the advice of
private persons, local groups, and associations; and
undertake any studies which the conference feels
necessary. At the conclusion of the feasibility study,
the water conference makes the decision whether or not
to proceed with the application. If the decision is
made to proceed, the State Engineer holds hearings under
the State's contested hearing procedure. The decision
is then made on the application.
III-198
-------
If the State Engineer issues a per.nit, it is issued
with the constraints under which the recipient must
operate. When the stipulations are met, the permit
is good for as long as it is used. Monitoring is done
by division personnel. After completion of
construction, the operation is advertised to allow any
parties who were adversely affected to respond.
Issuables
The State Engineer issues a water rights permit and
the right to change water from one category to another.
Advisory
Department of Economic Planning and Development
Department of Game and Fish
Department of Environmental Quality
State Land Office
Department of Recreation.
III-199
-------
WYOMING STATE ENGINEER
RECEIVE
APPLICATION
ron WATER
USE
ANALYZE
APPLfCATION
COMPLETE
APPl ICATION
ADVISORY
AGENCIES
NOLO
PUBLIC
HEARINGS
ADVISORY
AGENCIES
AND
PUBLIC
END OF PROCESS
REVIEW or
1
APPLICATION
1
BY STATE
ENGINEER
D
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
ST A TE OR PRIVA TE LANDS
ORLANOS WHICH REQUIRE
RESOURCES fiuch ai water)
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PR* VA TE INDl ViDUALS
ADVERTISE
NOTICE OF
COMPLETION
CONSTRUCT
FACILITY
ISSUE
PCRMII
PCnMlT
-------
Wyoming - Public Service Commission
The Public Service Commission of Wyoming is responsible for
the intrastate regulation of electric generation facilities,
natural gas, oil pipelines, and transmission lines along with
non-energy related services such as telephone and water
companies. The Commission gives a utility the right to serve
an area and, in return for that right, a utility assumes
the obligation to provide that service.
Legal Authority
The Public Service Commission of Colorado operates
under the legal authority granted by Chapter 83 of the
Session Laws of Wyoming, 1963. The regulations
governing the activities of the Commission are
contained in "Rules of the Public Service Commission
of the State of Wyoming" reissued May 1, 1967.
Description of the Process
Following the receipt of the application (See Flowchart
E-70 ), the Commission reviews the application and
schedules public hearings. If, in advance of the public
hearings, the Commission is able to determine who the
parties are that are involved or affected by the
proposed action, the Commission will send a notice to
those affected, in all cases, however, public notice
is given for the scheduled hearings.
At the hearings, testimony may be given by other
agencies and members of the general public. The
Commission gathers evidence at the hearing and employs
this evidence in making a determination on the
application. If the Commission decides to grant the
application, the Commission publishes a public notice
of the decision. If the application is denied, the
applicant is so notified. In either case, parties who
feel they are aggrieved by the action may file for an
appeal. If the appeal is granted, a re-hearing may
be held. If an appeal is not allowed, the Commission
publishes its final decision.
Should the decision be in favor of the applicant, the
Commission grants a certificate.
III-200
-------
I ssua'oles
The Commission issues a Certificate of Puolic
Convenience and Necessity.
advisory Agencies
Department of Transportation
Interstate Commerce Commission
Federal Power Commission
Federal Communications Commission.
III-201
-------
WYOMING PUBLIC SERVICE COMMISSION
-------
Wyoming - Industrial Siting Council
The Industrial Siting Council has the responsibility for
approving energy development and other projects within
the State which are of sufficient size to have a major im-
pact on the communities in which the project is located.
Included in the consideration of the Council are such im-
pacts as roads, schools, hospitals, housing, police and
fire protection.
Legal Authority
The Council operates under the authority of the In-
dustrial Development Information and Siting Act,
Wyoming Statutes 35-502.75 through 35-502.94. The
regulations governing the activities of the Council
are presented in the "Rules and Regulations of the
Industrial Siting Council, State of Wyoming" adopted
September 10, 1975.
Description of the Process
Any electric generating facility which has the capa-
bility of generating one hundred (100) megawatts of
electricity or more or any addition to an existing
generating facility which will increase the capacity
of the existing facility by at least one hundred (100)
megawatts must receive approval prior to construction
by the Council. In addition, any newly constructed
transmission lines that are necessary and essential
to the operation of the generating facility must be
approved by the Council.
A developer must submit an application to the Council
for the receipt of approval and a permit (See Flow-
chart E-72 ). Section 5 of the Council's Rules and Regula-
tions specifies the contents of the application.
The Council has no application forms. An application
to the Council must present evidence that all other
required permits have been obtained and that the
applicant has complied with all applicable laws. Con-
sequently, the first step following the receipt of
the application is for the administrative staff to
check completeness of the application, to verify that
all applicable permits have been obtained, and to
conduct an independent analysis of the application.
Following the determination of completeness by the
administrative staff, a public hearing on the appli-
IH-202
-------
cation is scheduled. During this time, the Council
conducts a study of the effect on the project area.
This study is paid for by the applicant. Following
the hearing and receipt of evidence, the Council must
make a decision on the application. The Council has
three choices. The Council may:
Approve the application without any conditions
Approve the application with conditions
Reject the application pending further study.
If the application is approved, the developer may
proceed following the approved plan. If the appli-
cation is approved with conditions, the developer is
notified of the required modifications and the changes
must be made prior to the initiation of any activi-
ties. If the application is rejected pending further
study, the applicant has thirty (30) days to appeal
for a new hearing by the Council. If the application
is denied a second time, the applicant may appeal
through the courts following the procedures in the
Wyoming Administrative Procedures Act.
Regardless of the decision of the Council, when the
Council has reached a decision the Council must pub-
lish the study, its findings, and the decision. The
local governments which would be affected by the
project must receive copies and copies must be filed
with the county clerk's office. In addition, notice
of the Council's decision must be published in at
least one newspaper of general circulation within
the affected area.
Issuables
The Council issues a permit for the construction or
operation of any industrial facility or facilities
within the State.
Advisory Agencies
Department of Environmental Quality
State Engineer
County Commissions
Army Corps of Engineers
III-203
-------
Environmental Protection Agency-
Nuclear Regulatory Commission
Interested Parties.
^H-204
-------
WYOMING INDUSTRIAL SITING COUNCIL
AI'Pl ICAIION
. YCS DOES JUDICIAL^
I * -
COUNCIL f
E-72^
nrci.ivi
AITLICAIION
PREPARE
REPORT ON
FINDINGS
HOLD
IIEAniNG
MAKE
DETERMINATION
ON
APPLICATION
END OF I'HOCI SS
Gil AN I
I'EHMII
ADVISORY
AGENCIES.
PUOLIC
GIVE
NOT IMC A I ION
AND PUIH.ISII
MATERIAL
D
STA TE AGENCY
AUTHORITY OVER PROJECTS
LOCA TED ON FEDERAL,
STA TE OR PRIVA TE LANOS
OR LANDS WHICH REQUIRE
RESOURCES (iuth aj »v«ilerl
CONTROLLED BY FEDERAL
OR STA TE AGENCIES
on PRIVA It INDIVIDUALS
-------
4. ELECTRIC TRANSMISSION LINES
Electric transmission lines are those lines which attach to the
generating facility and conduct the electricity away from the
generating facility into the distribution network. Transmission lines
are often of long length and transport high voltage electricity.
Generally the lines carry electricity of 115 to 230 kilovolts (KV).
Distribution lines, on the other hand, bring the electricity to
the individual consumer. These lines, usually below forty-six (46)
kilovolts are of shorter length than transmission lines.
This subsection of the report presents the agencies which regulate
the siting and construction of electric transmission lines.
III-205
-------
(1) Federal Agencies Regulation The Siting and Construction of
Electric Transmission Lines
This part of the report presents the Federal agencies which
regulate the siting and construction of electric transmission
1 ines.
rn-206
-------
(a) Bureau of Land Management
The location of electric generating facilities may require
rights-of-way on Federal lands. The BLM is the principal grantor of
rights-of-way on Federal lands. Other agencies, for example the Forest
Service and the National Park Service, often control surface rights
to land. Because of the similar process, the description of the process
is being presented here using the BLM as the principal agency.
Legal Authority
The granting of rights-of-way on Federal lands are governed
by Title 43 of the Code of Federal Regulations Subpart 2800.
Description of the Process
The first step in the consideration of a right-of-way
application is the determination of whether the agency has
jurisdiction over the land (See Flowchart E-2). If the land
is under the control of the BLM an Environmental Assessment
Record (EAR) is prepared by the BLM. Based on the findings
in the EAR, the BLM determines whether the environmental
impact is significant enough to require an Environmental
Impact Statement (EIS).
If the BLM requires only the EAR, the evaluation of the
request is made on the basis of the content of the EAR and
the advice provided by other agencies who participate in
the review process. If an EIS must be prepared, the lead
agency is assigned and the preparation plan, i.e., the plan
of action to handle the EIS, is drafted. The Office of
Environmental Project Review is responsible for coordinating
the BLM's participation in the EIS review. Depending on
the complexity of the EIS, the statement takes from nine
(9) months to two (2) years to complete the process. A
detailed description of the proposal and baseline area
studies are important for any EIS. The BLM must wait thirty
(30) days after the EIS is submitted to the Council on
Environmental Qualtiy (CEQ) before any decision can be given.
The EAR/EIS process is critical to the protection of the
environment. Once a permit for exploration or mining has
been given, the recipient can not, by law, be denied access
to the site. Consequently, it is crucial that the BLM place
stipulations on the rights-of-way granted to ensure the
protection of the environment. Compliance checks are
conducted during the construction phase to verify the
developer's compliance with the stipulations in the right-
o f-way.
III-207
-------
The USGS is responsible for monitoring any stipulations on
effluents and any other stipulations in the right-of-way.
Of FS land, the FS monitors the rights-of-way and enforces
public safety.
Issuables
The BLM issues rights-of-way
Adivsory Agencies
Fish and Wildlife Service
III-208
-------
MEANS:
FEDERAL AGENCY
JURISDICTION ON FEDERAL
LANDS OR LANDS CONTROLLED
BY A FEDERAL AGENCY
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY PERMIT
END OF API'LICArtON
ENVIRONMENTAL
IMPACT
STATEMENT
ASSIGN
LEAD AGENCY
YLS
REACH
PRFPAI1E
DETERMINATION
EIS
ON RIGHT-OF-
WAY
NO
EVALUATION
OF ASSESS
MENT
BEACH
OETERMINA TIGN
ON
IIIGIIT -OF-WAY
MONIIOH
nUilll (IF WAY.
CONIIIOL PUI1LIC
SAfCIV
RIGHT OF WAY
END OF APPLICATION
-------
(b) Bureau of Indian Affairs (BIA)
The Bureau of Indian Affairs (BIA) is authorized to approve
rights-of-way for electric power facilities over Indian lands. No
right-of-way is issued over tribal lands, however, without prior
consent of the tribe.
Legal Authority
The regulations governing applications to the BIA are
contained in Title 25 of the Code of Federal Regulations.
Description of the Process
The application for a right-of-way is received in the
regional office of the BIA (See Flowchart E-3). The
application is reviewed by the BIA to determine whether or
not an Environmental Impact Statement^is necessary. If an
EIS is necessary, the BIA prepares a draft copy of the EIS.
Advisory agencies and interested persons are invited to
comment upon the EIS and public hearings are held. The
findings of the comment period and from the advisory
agencies' reviews are incorporated into the final EIS.
If the BIA determines that the impact of the requested
application is not sufficient to require an EIS, the
decision-making process is based on the findings of the
enviromental assessment.
The results of the EIS or the assessment are forwarded to
the national office for review and comment. The package
is then returned to the regional office with any comments.
The regional office then makes the determination of granting
the right-of-way permit. If the BIA approves the
application, the agency issues a permit.
Issuables
The 3IA issues a right-of-way permit.
Advisory Agencies
Fish and Wildlife Service
Bureau of Land Management
III-209
-------
BUREAU OF INDIAN AFFAIRS
RIGHT OF WAY PERMIT
MEANS:
FEDERAL AGENCY
JURISDICTION ON FEDERAL
LANDS OR LANDS CONTROLLED
BY A FEDERAL AGENCY
-------
(c) Army Corps of Engineers
The Army Corps of Engineers is responsible for monitoring the
condition of navigable water whether the water is a tidal area, ocean
or gulf (from the shore to the continental limit), river, stream or
lake. A single permit is required for all activities including:
Work in, or placement of, structures in the water. This
encompasses such activities as building intake and outfall
structures, transmission lines across waters, and so forth
Disposal of dredged or fill material into navigable waters
including the transportation of such material on navigable
waters for the purpose of disposal
Other activities which may have an effect on navigable
waters.
Legal Authority
The Army Corps of Engineers operates under the River and
Harbor Act of the 1899; the Federal Water Pollution Control
Act Amendments of 1972; and the Marine Restriction, Research,
and Sanctuaries Act of 1972. The regulations governing
actions are in Title 33 of the Code of Federal Regulations.
Description of the Process
In the initial step following the receipt of the application,
the Army Corps of Engineers prepares an environmental
assessment (See Flowchart E1). This assessment is prepared
employing consultation from other parties, both public and
private, who may have an interest in the action. Following
the evaluation of the assessment, the Corps determines if
an Environmental Impact Statement (EIS) is required.
If the Corps determines that the impact is not sufficient
to require an EIS, the Corps consults with advisory agencies
on the decision to grant the request. As part of this
decision-making process the Corps may hold public hearings;
however, public hearings are not required.
On the other hand, if an EIS is required, the Corps will
prepare the EIS and circulate it among the advisory agencies.
The Corps holds public hearings. Using the information
gathered in this procedure, the Corps makes a determination
on the application.
If the Corps grants the permit, a Federal right-of-way may
III-210
-------
be required. If so, the applicant must filed with the agency
controlling the surface rights for the appropriate right-
of-way.
Issuables
The Army Corps of Engineers issues a single permit for
activities affecting navigable waters.
Advisory Agencies
Fish and Wildlife Service
Bureau of Reclamation
National Oceanic and Atmospheric Administration
HI-211
-------
CORPS OF ENGINEERS
-------
(d) Nuclear Regulatory Commission (NRC)
The Nuclear Regulatory Commission regulates the siting
of electric transmission lines which are built as part of an
NRC licensed nuclear-fueled electric generating project.
When transmission lines are to be constructed as part of an
NRC licensed project, they are considered as part of the
total application package. Primary lines to the point of
interconnection with the power system are subject to NRC
licensing and conditions of licenses.
For a discussion of Legal Authority, a Discription of
the Process, Issuables, and Advisory Agencies involved in
NRC's licensing of nuclear-fueled electric generating
facilities and transmission lines, see Part 3, Subsection (1)
(a) and (b) of this section.
III-212
-------
(e) Federal Power Commission (FPC)
The Federal Power Commission regulates the siting of
electric transmission lines which are built as part of an
FPC licensed hydroelectric project. In addition, the FPC
considers power line routes in authorizing construction of
transmission lines from licensed non-Federal projects on
lands subject to Federal jurisdiction.
When transmission lines are to be constructed as part
of an FPC licensed project, they are considered as part of
the total application package. Primary lines to the point
of interconnection with the power system are subject to FPC
licensing and conditions of licenses. Secondary lines are
subject to FPC consideration as part of the application
package, but the FPC cannot attach conditions concerning
secondary lines to licenses. Such conditions, if any, are
the jurisdiction of the state government concerned.
The FPC considers power line routes from licensed non-
Federal projects on lands subject to Federal jurisdiction.
The procedures for obtaining a license for these transmission
lines are the same as for hydroelectric facilities on Federal
lands.
For a discussion of Legal Authority, a Discription of
the Process, Issuables, and Advisory Agencies involved in
FPC's licensing of hydroelectric facilities and transmission
lines, see Part 2, Subsection (1)(a) of this section
III-213
-------
(f) Federal Aviation Administration (FAA)
Whenever the erection of a tower is proposed for a location which
may affect air traffic safety, a Notice of Intent to Construct a Tower
must be filed with the FAA.
Legal Authority
The FAA is charged with the responsibility for air safety
by Title 14 of the Code of Federal Regulations.
Description of the Process
If an operator suspects a proposed tower to be under FAA
jurisdiction, he must file a Notice of Intent to Construct
a Tower at least 30 days prior to construction (See Flowchart
E-ll). The FAA then determines whether the proposed tower
would be considered an obstruction to air traffic safety.
This usually takes 2 to 3 weeks. If the proposed tower is
not an obstruction, then the applicant may proceed with
construction.
If it is an obstruction, however, the FAA must decide whether
or not to issue a clearance for the tower. The FAA sends
out notice of the proposed project to interested parties
for comment. This may take up to 8 weeks for a significant
clearance. If the FAA deems a public hearing to be needed,
one will be held and all interested parties heard. The
FAA then reviews the proposal and either issues or denies
the clearance.
Issuables
Clearance for a Tower
Advisory Agencies
Undetermined
III-214
-------
FEDERAL AVIATION ADMINISTRATION
TOWER CLEARANCE
END OF APPLICATION
MEANS:
FEDERAL AGENCY
m JURISDICTION ON FEDERAL
LANDS OR LANDS CONTROLLED
BY A FEDERAL AGENCY
-------
(2) State Agencies Regulating the Siting and Construction
of Electric Transmission Lines
This part of the report presents the State agencies
which regulate the siting and construction of electric
transmission lines.
III-215
-------
(a) COLORADO
III-216
-------
Colorado
- Public Utilities Commission
The Public Utilities Commission (PUC) has authority over
the construction and operation of electric generating
facilities within the State. This jurisdiction extends to
all electric generating facilities regardless of whether
they are fueled by fossil fuels, nuclear fuel, or hydro
power.
One of the concerns of the Public Utilities Commission is
with the economic feasibility of the proposed project.
That is, what will be the effect of the construction costs
of the new facility on the utilities rate structure and,
ultimately, on the consumers of the utility.
In addition to the construction and operation of the
electric generating facility, the PUC is concerned with
the exploration for, and the development of, coal, oil,
and gas by the utility or subsidiaries of the utility.
The PUC's involvement is not from a regulatory standpoint
over such operations but rather its concern for the
effect of exploration and development activities or the
purchase of fuel on the rate structure of the utility.
THE PUC is not involved with the granting of rights-of-way.
All rights-of-way are obtained by the utility from the
owner/controller of the land. The PUC must approve the
route for transmission, however. Any deviations from the
approved routes which are material to the cost of the
project will require a new PUC approval.
Legal Authority
Description of the Process
The Public Utilities Commission receives an applica-
tion from a utility seeking approval for construction
and operation of a generating facility and approval
for the rights-of-way obtained (see Flowchart E-16 ).
The application is reviewed by the Commission and
public hearings are scheduled. At the hearings,
the utility, any interested agencies and members of
the public are allowed to testify.
III-217
-------
Following the hearing, the PUC makes the decision
to grant the application ana approve the routes
for the transmission lines. If approval is granted,
the Commission issues a permit which enables the
utility to proceed. During the construction of the
facility, the utility must submit quarterly reports
on construction progress including a comparison of
proposed expenditures to the actuals to date.
Issuables
The Commission issues a Certificate of Public
Convenience and Necessity.
Advisory Agencies
State Land Use Commission
Department of Health.
Ili-218
-------
COLORADO PUBLIC UTILITIES COMMISSION
END OF PROCESS
STATE AGENCY
AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
STA TE OR PRIVA TE LANDS
OR LANDS WHICH REQUIRE
RESOURCES (such as »v«rerl
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVA TE INDII//DUALS
-------
MONTANA
-------
.Montana - Department of State Lands
Legal Authority
The Department of State Lands is responsible for
leasing of all State lands under the Revised
Codes of Montana, 1947, as amended.
Description of the Process
There are two methods of obtaining a lease on
State land in Montana, either through competitive
bidding for a lease or through an award as the
first qualified bidder (See Flowchart E~24 ).
Generally, the competitive bid procedure is utilized
for lease of lands with known resources and non-
competitive award for unknown lands.
When an application for a State land lease is
received, it is first determined whether the land
in question is subject to competitive bidding. If
so, availability is posted and bids accepted. The
lease is then awarded to the highest bidder. In
the case of non-competitive land, the award is to
the first qualified bidder. Once an award is made,
the Department decides whether or not to issue the
lease. The land is usually not retracted. An
on-site field inspection is required before issuance
of the lease. When the lease is issued, the success-
ful applicant must furnish a safety bond to the
State.
Issuables
Lease
Bond.
Advisory Agencies
III-220
-------
APPLICATION (SI
RECEIVED
AISTA1E
LAND OTFICE
AI'l>LICAIION(S|
ron LEASE
CNDOI LAND
AVAILAI1III1Y
YES
1
f
ISSUE
LEASE
MONTANA DEPARTMENT OF STATE LANDS
suntiv
BOND
/\ MEANS
STATE AGENCY
JURISDICTION ONL Y ON
STATE LAND
-------
Montana-Department of Natural Resources and Conservation .
Energy planning Division
Legal Authority
The Montana Major Facility Siting Act grants the
Department of Natural Resources and Conservation
jurisdiction over any facility designed for, or capable
of, generating 50 megawatts of electricity or more, or
any addition thereto having an estimated cost in excess
of $250,000 and related transmission lines.
Description of the process
No facility under this jurisdiction may be built
without first applying for an receiving a Certificate
of Environmental Compatability and Public Need, upon
receipt of the application, the Division begins the
review, evaluation, and study of the proposed project
(See Flowchart E-30 ) This study is allowed up to
two (2) years and encompasses an environmental and
economic assessment of the project. After completion
of the study, the Division presents its report of all
findings and recommendations to the Board of Natural
Resources and Conservation. The Board invites input
from all interested State advisory agencies.
Within four (4) months, the Board holds public
certification hearings to accept additional input to
the evaluation. Within three (3) months after the end
of the hearings, the Board issues its opinion and
decision on the issuance of a Certificate for the
project. Any aggrieved parties may petition to the
State district courts for appeal.
When the final determination is reached, either the
project is issued a Certificate of Environmental
Compatability and public Need and may proceed or it
is denied a Certificate and is terminated.
issuables
Application for Certificate of Environmental
Compatability and Public Need
Division Report on project (Environmental and
Economic Assessment)
Certification Hearings
III-221
-------
Opinion for Determination
Certificate of Environmental Compatability and
Public Need
Advisory Agencies
Depar tment
of
Health and Environmental Sciences
Department
of
Highways
Depar tment
of
intergovernmental Relations
Depar tment
of
Fish and Game
Department
of
Public Service Regulation.
III-222
-------
ADVISORY
AGENCIES
PROPOSAL
REPonr
TO BOARD
MONTANA DEPARTMENT OF NATURAL RESOURCES
AND CONSERVATION
ENERGY PLANNING DIVISION
A MEANS
STATE AGENCY
m JURISDICTION ONL Y ON
STATE LAND
APPEAL THROUGH
YES
STATE DISTRICT
COURTS
CERTIFICATE OF
ENVIRONMENTAL
COMPATABILITY
& TUOLIC NEED
issue certificate!
AND OPINION |
FOR DETERMINATION
1
1
r
OPINION FOn
DETERMINATION
DENY CF.nriFICATF]
& ISSUE OPINION
FOR OE TERMINATION
;"l
mor
J
END OF APPLICATION
-------
NORTH DAKOTA
III-223
-------
North Dakota - Public Service Commission
The Public Service Commission in North Dakota has
responsibility for regulating several energy development
categories within the State. The Commission issues permits
for the mining of coal and for the reclamation which must
follow. In addition, the Commission is responsible for the
administration and enforcement of the North Dakota Energy
Conversion and Transmission Facility Siting Act. In this
capacity, the Commission must grant certificates of site
compatability for energy conversion facilities, energy
transmission facilities, and route permits for facilities
in transmission corridors.
Legal Authority
The authority for the Commission to regulate the siting
of energy facilities is granted by the North Dakota
Energy Conversion and Transmission Facility Siting Act,
Chapter 49-22 of the North Dakota Century Code. The
regulations governing the Commission's actions under
this legislation are continued in "Rules and
Regulations of the North Dakota Public Service
Commission Governing the Siting of Energy Conversion
and Transmission Facilities" which were adopted
December 23, 1975.
Description of the Process
Following the recent application for site
compatability, the Commission must make two
determinations as to completeness (See Flowchart E-34) .
Along with an examination to determine if all of the
requirements of the Commission have been met, the
Commission must determine if all other required permits
have been obtained by the developer and if the developer
has filed a letter of intent. Any developer seeking
a site compatability permit must file a letter of intent
with the Commission one (1) year prior to the filing
of an application, unless a shorter time is approved
by the Commission.
If the determination is made that the application is
complete, the application is reviewed by the Commission.
One of the purposes of this review is to ascertain
whether the proposed site for the facility is in a
constraint area. If the site is in a constraint area,
the next determination is whether the site is an
exclusion area or an avoidance area. If the area has
III-224
-------
been designated as an exclusion area, the developer
is prohibited from building his facility. If the area
has been designated as an avoidance area, the developer
may build the facility only if he is able to demonstrate
a compelling reason for locating on that site.
Should the application process continue, the next step
is for the Commission to schedule and hold a public
hearing. At this hearing, both advisory agencies and
members of the public may be heard. Following the
hearings, the Commission assembles the results and
evaluates its findings. If the Commission decides to
grant the application, the permit is issued and
development may proceed. Appeals to decisions of the
Commission may be filed in the district court.
Issuables
The Commission issues a Certificate of Site
Compatability.
Advisory Agencies
Water Commission
Soil Conservation Committee
State Game and Fish Department
Natural Resources Council
Planning Division
Regional Environmental Assessment Program
Business and Industrial Development Commission
IH-225
-------
NORTH DAKOTA PUBLIC SERVICE COMMISSION
RESOURCES Ituch as wjIo/J
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVA TF INDIVIDUALS
SCHEDULE
PUDLIC
HEARING
HOLD
HEARING
ADVISORY
AGENCIES,
PUBLIC
H
r nd 01
I'ttocr ss
-------
SOUTH DAKOTA
III-226
-------
South Dakota - Office of Cultural Preservation
The Office of Cultural Preservation operates to mitigate
the damages of any energy development activity which may
have an effect on archaeological sites or areas of historical
significance. Any project which is Federally funded,
assisted, licensed, or approved must report to the Office.
The State Legislature has extended the authority of the
Office to State land and, if the owner has registered with
the State, to private lands within the State.
Legal Authority
The Office of Cultural Preservation is authorized by
the National Historic Preservation Act (P. L. 89-665),
Executive Order 11593, and the South Dakota State
Antiquities Law (SDCL 1-20-17 through SDCL 1-20-37),
in conjunction with the National Environmental Policy
Act.
Description of the Process
Any project in the State which is Federally funded,
assisted, licensed, or approved must have a plan
filed with the State Office of Cultural Preservation
(See Flowchart E-4 2) . The Office reviews the pro-
posed plan and makes a determination. The project
may either have no effect on the significance of the
area, have a positive effect on the area, or have an
adverse effect. If the Office concludes there will
be no adverse effect, documentation of such is sent
to the President's Advisory Council for concurrence.
If the Council does not concur, the same procedure
as for an adverse effect is followed. If the
project will have an adverse effect, the Office
will advise the developer that a study must be
conducted to detail the effects. The Office will
conduct the study for the developer; however, the
developer is free to have his study conducted by a
qualified party of his own choosing. In either
case, the developer must pay the costs of the study.
The object of this entire effort is to preserve
areas or items of historical or archaeological
significance. When the project is site specific,
for example a coal mine, the Office attempts to
prohibit al'l development from proceding until any
area, building, and so forth have been moved or had
their significant articles salvaged before develop-
ment proceeds. Where it is possible to shift the
location of the facility, for example a generating
plant, the Office will encourage such action.
III-227
-------
Issuables
The Office issues approval for the compatability of
the development project with the archaeological or
historical heritage of the State.
Advisory Agencies
State Planning Bureau
Department of Natural Resource Development
Energy Policy Office
Department of Environmental Protection
President's Advisory Council
III-228
-------
SOUTH DAKOTA OFFICE OF CULTURAL PRESERVATION
receive
PLAN FOn
DEVELOPMENT
DEVELOPMENT
PLAN
SEND
NO
DOCUMENTATION
TO PRESIDENT'S
ADVISORY COUNCII
FOR REVIEW
ADVISORY
AGENCIES
NOTIFY
DEVELOPER OF
ADVERSE
EFFECT
OFFICE
CONDUCTS
STUDY
PLAN PREPARED
TO MITIGATE
ADVERSE
EFFECTS
MITIGATION
PLAN
MEANS
STATS AGENCY
0 AUTHORITY OVER PROJECTS
LOCATED ON FEDERAL.
S TA TE OR PR! VA TE L ANDS
0 OR LANDS WHICH REQUIRE
RESOURCES huch ts tvjf*//
CONTROLLED BY FEDERAL
OR STATE AGENCIES
OR PRIVA TE INDIVIDUALS
OFriCE
IIECCIVFS
PLAN WITH
NEW ACTIVITIES
-------
UTAH
III-229
-------
Utah-State planning Coordinator
Legal Authority
The Office of the State Planning Coordinator is charged
with the responsibility of implementing the Executive
Order on Environmental Quality of 1974. This same
Executive Order also grants the Coordinator the
authority for implementation of the order.
Description of the process
The State planning Coordinator is notified of a
proposed project either by an agency with jurisdiction
over the project or by the party proposing the project
(See Flowchart E-50 ). jf the project is Federally
assisted or in other ways falls under the National
Environmental policy Act or OMB Circular A-95 or A-
102 procedures, then compliance with these procedures
is sufficient and no further review is required by the
Coordinator. A project not so exempted must have an
environmental assessment prepared by the agency
responsible for the proposed activity.
Information obtained through coordination with other
agencies, together with information obtained from other
appropriate investigation and study, is used in making
an environmental assessment of-the proposed action.
This assessment allows the initial determination of
whether or not the project will have a significant
environmental impact. If not, the environmental
assessment is forwarded directly to the Environmental
Coordinating Committee (ECC) for review, if the action
is deemed to have a significant impact, the responsible
agency must first prepare an Environmental Impact
Statement (EIS) prior to forwarding the EIS and the
environmental assessment to the ECC for review.
The ECC reviews the available information on the
project, prepares its comments and recommendations and
forwards everything to the Economic and physical
Development Interdepartmental Coordinative Group (EPD
Group). The EPD Group then reviews the proposed project
and prepares comments and recommendations. If the
proposed project is again deemed to not have
significant impact, the project approval is decided by
the responsible agency and appropriate approval or
disapproval issued. If a project is considered to have
significant impact and an EIS has not yet been prepared,
III-230
-------
then one must be prepared by the responsible agency
and processed through the ECC and EPD Group for review.
Any proposed project which has had an EIS prepared must
go to the Governor with the cumulative comments and
recommendations of all reviews. The final decisions
on all projects with significant environmental impact,
therefore, is made by the Governor and the appropriate
approval or disapproval is issued.
Issuables
Environmental Assessment
Environmental Impact Statement
project Approval
Advisory Agencies
III-231
-------
STATE
PLANNING
COORDINATOR
LEARNS OF
PROJECT
EVALUATE
PROJECT FOR
SIGNIFICANCE OF
ENVIRONMENTAL
IMPACT
FEDERAL. STATE
ANO LOCAL
ADVISORY
AGENCIES
UTAH STATE PLANNING COORDINATOR
MEANS
STATE AGENCY
JURISDICTION ONLY ON
ST A TE LAND
/significant^.
YES
RESPONSIBLE
AGENCY
PREPARES EIS
"v. IMPACT
1 NO
I
E CJC.
ECC
ECC
REVIEWS.
COMMENTS &
COMMENTS 8.
RECOMMENDS
RECOMMENDATIONS
COMMENTS ft
RECOMMENDS
ENVIRONMENTAL
IMPACT
STAIEMCNf
(EIS)
EPD
REVIEWS,
COMMENTS ft
RECOMMENDS
EPD I
COMMENTS St |
RECOMMENDATIONS
EDP
REVIEWS.
COMMENTS &
RECOMMENDS
end or
PROJECT
-------
WYOMING
III-232
-------
Wyoming - Public Service Commission
The Public Service Commission of Wyoming is responsible for
the intrastate regulation of electric generation facilities,
natural gas, oil pipelines, and transmission lines along with
non-energy related services such as telephone and water
companies. The Commission gives a utility the right to serve
an area and, in return for that right, a utility assumes
the obligation to provide that service.
Legal Authority
The Public Service Commission of Colorado operates
under the legal authority granted by Chapter 83 of the
Session Laws of Wyoming, 1963. The regulations
governing the activities of the Commission are
contained in "Rules of the Public Service Commission
of the State of Wyoming" reissued May 1, 1967.
Description of the Process
Following the receipt of the application (See Flowchart
E-70 ), the Commission reviews the application and
schedules public hearings. If, in advance of the public
hearings, the Commission is able to determine who the
parties are that are involved or affected by the
proposed action, the Commission will send a notice to
those affected. In all cases, however, public notice
is given for the scheduled hearings.
At the hearings, testimony may be given by other
agencies and members of the general public. The
Commission gathers evidence at the hearing and employs
this evidence in making a determination on the
application. If the Commission decides to grant the
application, the Commission publishes a public notice
of the decision. If the application is denied, the
applicant is so notified. In either case, parties who
feel they are aggrieved by the action may file for an
appeal. If the appeal is granted, a re-hearing may
be held. If an appeal is not allowed, the Commission
publishes its final decision.
Should the decision be in favor of the applicant, the
Commission grants a certificate.
III-233
-------
Issuables
The Commission issues a Certificate of Puolic
Convenience and Necessity.
advisory Agencies
Department of Transportation
Interstate Commerce Commission
Federal Power Commission
Federal Communications Commission.
HI-234
-------
WYOMING PUBLIC SERVICE COMMISSION
------- |