AG-2018-000001

UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF AIR QUALITY
In the Matter of:ORDER OF DISMISSAL
Petition for Review
New Crude Oil and Natural Gas Production
Tank Battery Ute Tribal 5-14-4-lW;
Approval Order Number DAQE-
AN I 5 52 1 0 002-1 6 (Newfi eld)
March 8,2018
This is an order dismissing the Petition for Review filed by Lionel Trepanier and Utah
Tar Sands Resistance ("Petitioners") on }y'ray 19,2076, regarding the New Crude Oil and Natural
Gas Production Tank Battery Ute Tribal 5-14-4-1W; Approval Order Number DAQE-
4N15521002-16 ("Petition for Review"). As the Executive Director of the Utah Department of
Environmental Quality, I have authority to "issue orders to enforce state laws and rules
established by the department." Utah Code Ann. S 19-I-202(2)(a). No request has been made of
me to appoint an Administrative Law Judge ("ALJ") in this matter and no ALJ has been
appointed to conduct a special adjudicative proceeding. Utah Code Ann. $ 19-l-301.5(5). For
these reasons, I dismiss this Petition for Review on the following grounds:
L Members of the public and special interest groups may become parties to a special
adjudicative proceeding only if granted intervention by an ALJ. See UAC R307-7-207(1);Utah
Code Ann. $ 19-1-301.5(7Xa). The rules require potential intervenors to file a Petition to
Intervene within "30 days after the day on which the Permit Order being challenged was issued
. . . ." UAC R305-7-204(2). The Division of Air Quality ("DAQ") issued the Permit Order
(DAQE-AN155210002-16) on April 6, 2016. To date, Petitioners have not hled a Petition to
Intervene, and any future f,rling would be late under the 3O-day provision in the rules.
Consequently, Petitioners could never proceed with a Petition for Review, and it must be
dismissed.
2, UAC R305 -7-203(5) requires that the Division Director (in this case, the DAQ
Director) receive a Petition for Review to contest an Approval Order "within 30 days of the date
the Permit Order being challenged was issued . . . ." Failure to timely file a Petition for Review
"waives any right to contest the permit order or to seek judicial review." UAC R305-7-203(6).
The DAQ Director received the Petition for Review on May 19,2016, which is 13 days after the
May 6, 2016, deadline. The Petition for Review is untimely and must be dismissed.
Therefore, on these grounds and for these reasons, I hereby dismiss the Petition for
Review as of the date of this ltnal order.
March 8,2018.
ve Director
2
CERTIFICATE OF SERVICE
I hereby certify that on this 8th day of March,2078, a true and correct copy of the
foregoing ORDER OF DISMISSAL was served via e-mail upon each of the following persons:
Lionel Trepanier
Utah Tar Sands Resistance
1059 East 4500 South
Salt Lake City, Utah 84117
Li onelTrep anier @gmail. com
UtahTarS andsResistance@gmail. com
Bryce Bird, Director
Division of Air Quality
195 North 1950 West
P.O. Box 144820
Salt Lake City, Utah 84114-4820
[e-mail]
Robert Hammer
Newñeld Production Company
4 Waterway Square Place, Suite 100
The Woodlands, Texas 77380
[e-mail]
Amanda Smith
Holland &Hart, L.L.P.
222 South Main Street, Suite 2200
Salt Lake city, utah 84101
asmith@hollandhart, com
Christian Stephens
Marina Thomas
Utah Attorney General's Offrce
195 North 1950 West
P.O. Box 140873
Salt Lake City, Utah 84114-0873
[e-mail]
marinathomas@agutah. gov
Administrative Proceedings Records Officer
DEQAPRO @utah.gov
fl
Shane R. Bekkemellom,
Administrative Legal Secretary
I