1 Please see the attached comments on ICIS documents. If you have any questions, please contact me at the number below.
Leah J. Krafft Wyoming Department of Environmental Quality Water Quality Division, WYPDES Program Permitting Program Supervisor (307)777-7093 - phone (307)777-5973 - fax

June 1, 2007

Sandy Johnson EPA Region 8 1595 Wynkoop Street Denver, CO 80202-1129 RE: ICIS-NPDES Policy Statement and WW SNC Policy Dear Sandy:Thank you for the opportunity to review and provide comments on the Draft ICISNPDES Policy Statement and the Draft WW SNC Policy. The Wyoming Department of Environmental Quality, Water Quality Division would like to offer the following comments for your consideration. ICIS-NPDES Policy Statement Data Entry Protocols The statement proposes that all data should be entered into ICIS-NPDES within 30 days of the event or action. For most activities, such as inspections or permit conditions, this can be accomplished within the proposed timeframe. However, for entering DMR data, this is unrealistic. As an example, the State of Wyoming has 869 activity permits for the coal bed methane industry. These permits have 6689 active outfalls associated with them. All of these permits require the DMRs to be submitted semi-annually; with a DMR due date of February 15 th and August 15 th of each year. Considering the number of permits and outfalls there are, youcan imagine the number of DMRs that would have to be entered into ICISNPDES. It is requested that the time line associated with entering DMR data be increased to 120 days.2 Ensure ICIS-NPDES data entry or transfer of those RIDE for which WENDB equivalents exist in PCS It is not accurate or reasonable to assume that all RIDE for which WENDB equivalents exist in PCS will be entered for all facilities and should be available in ICIS-NPDES vary early in the transition period. Currently, there are many WENDB data elements that the State of Wyoming does not enter. The reasons data are not being entered into these fields vary from resource constraints to lack of data. It is anticipated that these same constraints will also be a reality for the new RIDE for ICIS-NPDES. It is suggested that the Transition Plans have the flexibility to allow the states to negotiate with EPA Regions to identify specific RIDE elements that can be realistically entered into ICIS-NPDES. This will help to eliminate the potential tension between the States and EPA when each state’s performance is evaluated thought the FRS process. National Targets The National Targets for DMR Limit Sets, Limits and DMRs for individual and general permits are unclear. It appears that the National Target for individual non-majors is 50 % of active permits and 25% of general permits. Again, just using the example described above, to enter limits and DMR data for 430 permits by September 2008 or within four months after migration to ICIS-NPDES is unrealistic. It is suggested that the states negotiate with the region to identify areasonable percentage of limits and DMR data that should be entered into ICISNPDES. This proposal recognizes workload constraints within each state and establishes realistic goals that can be achieved. Entering Facility Latitudes/Longitudes Entering facility latitudes and longitudes by the required National Target of December 2008 for individual non-majors and December 2009 for General permits will not be achieved by the State of Wyoming. Currently, the state does not have locational data for many individual permits and does not require this information to be submitted in the NOI for most non-major general permits. In most cases, this information would not be available until the general permits were renewed. Proposed RIDE Facility Latitude and Longitude Fields As suggested in previous letters, it is suggested that these fields be eliminated as a RIDE. It is not practical to enter this information for many operations in Wyoming, such as a large oil field, where there is not a discrete facility but rather many wells located in a field.3 Permitted Features, Application Design Flow and Actual Design Flow Many times, the design and actual flow is only identified on the facility level rather then the individual outfalls. It is suggested that these be eliminated as a RIDE and utilize similar fields on the facility level. Inspection, Enforcement and No Discharge Codes Please provide additional clarification for the various Inspection, Enforcement and No Discharge Codes.

Enforcement Sensitive Information The policy does not address how to handle enforcement sensitive information.
WW SNC Policy It is appreciated that the definition of SNC for stormwater is flexible to allow states to utilize it in specific instances. However, clarification should be provided on how Region 8 will interrupt this definition. By understanding the Region’s interpretation, there will be less potential for disagreements on potential SNC designations and enforcement actions. If you have any questions, please contact me at 307-777-7093. Sincerely,

Leah J. Krafft WYPDES Permitting Supervisor Water Quality Division4