(a) IBR AND EXCEPTIONS. 40 CFR Part 264 and all Subparts, excluding 40 CFR 264.1(f), 264.1(g)(12), 264.1(j), 264.15(b)(5), 264.70(b), 264.73(b)(17), 264.101(d), 264.147(k), 264.149, 264.150, 264.195(e), 264.301(l), 264.314(e), 264.554(l)(2), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f), and 264.1080(g) are herein incorporated by reference as provided in 40 CFR. - (i) For purposes of 40 CFR 264.1(g)(1), "a State" shall be replaced by "the State of Wyoming".
- (ii) For purposes of 40 CFR Subsection 264.12(a), "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency Region 8 Regional Administrator.
- (iii) For purposes of 40 CFR 264.13(b)(3)(ii), the equivalent sampling method is one that is approved by rule pursuant to Chapter 3, Section 2 of the DEQ's Rules of Practice and Procedure.
- (iv) For purposes of 40 CFR 264.18(b)(1), new facilities shall not be located within the boundaries of a 100-year floodplain. Facilities shall also meet the location standards of Sections 264(k), 264(l), and 264(m) of these rules.
- (v) For purposes of 40 CFR 264.56(d)(2), the coordinator must immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the National Response Center (using their 24-hour toll free number800-424-8802 ). The DEQ must also be notified immediately, using its 24-hour telephone number 307-777-7781.
- (vi) For purposes of 40 CFR 264.71(a)(3) and 264.1082(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency.
- (vii) For purposes of the 40 CFR 264, Subpart G (Federal closure provision), the owner or operator will continue to take all steps as required by 40 CFR 264.112(d)(2)(i).
- (viii) For purposes of 40 CFR 264.191(a), the tank system's integrity assessment must be completed by January 12, 1988 for HSWA tanks, as defined at Section 4(a)(xiv), and by October 18, 1996 for non-HSWA tanks, as defined at Section 4(a)(xxi).
- (ix) For purposes of 40 CFR 264.191(c), the compliance date for conducting the assessment is within 12 months of July 14, 1986 for HSWA tanks, as defined in Section 4(a)(xiv). For non-HSWA tanks, as defined at Section 4(a)(xxi), the compliance date is within 12 months of October 18, 1995.
- (x) For purposes of 40 CFR 264.314(e), the placement of any liquid which is not a hazardous waste in a landfill is prohibited.
- (xi) For purposes of 40 CFR 264.552(a)(3)(iii), the State deletes the phase "or a demonstration is made pursuant to § 264.314(e) ".
- (xii) For purposes of 40 CFR 264.1030(c) the reference to " 40 CFR 124.15 " shall be replaced by " 40 CFR 124.5 " which addresses "Modifications, revocation and reissuance, or termination of permits."
- (xiii) "Malfunction" for purposes of 40 CFR 264, Subpart AA of these rules shall mean any sudden failure of a control device or a hazardous waste management unit or failure of a hazardous waste management unit to operate in a normal or usual manner, so that organic emissions are increased. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
(b) UNDERGROUND INJECTION. Disposal of hazardous waste by means of underground injection is regulated under Chapters VIII, IX, and XIII of the Wyoming Water Quality Rules and Regulations.
(c) AIR QUALITY RULES. Compliance with the permitting requirements of these rules does not obviate any duty to obtain and comply with Air Quality construction or modification permit pursuant to Chapter 6, Section 2 of the Wyoming Air Quality Standards and Regulations.
(d) IDENTIFICATION NUMBER. Every facility owner or operator must apply to the DEQ for an EPA identification number in accordance with the EPA notification procedures (45 FR 12746). The EPA identification number shall be considered to be the State of Wyoming identification number for purposes of these rules.
(e) CORRECTIVE ACTION MANAGEMENT UNITS (CAMU). - (i) To implement remedies under 40 CFR 264.101, W.S. 35-11-503(d), W.S 35-11-1607, or RCRA § 3008(h), the Director may designate an area at the facility as a corrective action management unit under the requirements in this Section or a signed remedy agreement pursuant to W.S. 35-11-1607. Corrective action management unit means an area within a facility that is used only for managing CAMU-eligible wastes for implementing corrective action or cleanup at the facility. A CAMU must be located within the contiguous property under the control of the owner/operator where the wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility.
- (ii) For purposes of 40 CFR 264.552(e), the phrase "or remedy agreement" shall be added after "...permit or order...".
- (iii) Disposal of CAMU-eligible wastes in permitted hazardous waste landfills.
- (A) The landfill receiving the CAMU-eligible waste must have a RCRA or State hazardous waste permit, meet the requirements for new landfills in 40 CFR Part 264, Subpart N, and be authorized to accept CAMU-eligible wastes; for the purposes of this requirement, "permit" does not include interim status.
- (B) For the purposes of 40 CFR 264.555 only, the 'design of the CAMU' in 264.552(e)(4)(v)(E) means design of the permitted Subtitle C or W.S. 35-11-503(d) or a permitted State hazardous waste landfill.
(f) FINANCIAL MECHANISMS. - (i) For purposes of 40 CFR 264.143(c) and 264.145(c), surety bonds guaranteeing performance of closure and/or post-closure care are not allowed for interim status facilities.
- (ii) For purposes of 40 CFR 264.143(h) and 264.145(h), if the facilities covered by the mechanism are in more than one state, identical evidence of financial assurance must be submitted to, and maintained with, the state Agency regulating hazardous waste or with the appropriate Regional Administrator if the facility is located in an unauthorized state.
- (iii) For purposes of 40 CFR 264.151, whenever 40 CFR 264.151 requires that owners and operators notify several Regional Administrators of their financial obligations, the owner or operator shall notify both the DEQ and all Regional Administrators of Regions which are affected by the owner or operator's financial assurance mechanisms.
(g) AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS. - (i) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in the unit as the result of implementing remedial activities required under the corrective action authorities of RCRA Sections 3004(u), § 3004(v), or § 3008(h), CERCLA authorities, or similar federal authorities, or W.S. W.S. 35-11-503(d).
- (ii) For the owner and operator of a facility subject to Subpart CC who received a final permit under RCRA Section 3005 or W.S. 35-11-503(d) prior to December 6,
1996, the requirements of this subpart shall be incorporated into the permit when the permit is reissued in accordance with the requirements of 40 CFR 124.15 of this Chapter or reviewed in accordance with the requirements of 40 CFR 270.50(d) of this Chapter. Until such date when the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of 40 CFR 270.50(d), the owner and operator are subject to the requirements of 40 CFR part 265, subpart CC.
(h) PROFESSIONAL ENGINEER CERTIFICATION. - (i) Professional engineers shall be registered in Wyoming ("qualified registered Professional Engineer") when referring to activities requiring Professional Engineer certification.
- (ii) Relevant sections: 40 CFR 264.115, 264.120, 264.143(1), 264.145(1), 264.147(e), 264.191(a), 264.191 (b)(5)(ii), 264.192(a), 264.192(b), 264.193(i)(2), 264.196(f), 264.280(b), 264.554(c)(2), 264.571(a), (b), and (c), 264.573(a)(4)(ii), 264.573(g), 264.574(a), and 264.1101(c)(2).
(i) PROFESSIONAL GEOLOGIST CERTIFICATION.
(i) For purposes of 40 CFR 264.90(b)(4), the certifying geologist shall be a professional geologist registered in the State of Wyoming.
(j) CORRECTIVE ACTION BEYOND FACILITY BOUNDARY,
(i) The requirements of 40 CFR 264.101(c) apply to: - (A) All facilities operating under permits issued under W.S. 35-11-503(d); W.S. 35-11-801; 40 CFR 270.50; and RCRA Section 3005(c), and
- (B) All landfills, surface impoundments, and waste pile units (including any new units, replacements of existing units, or lateral expansions of existing units) which receive hazardous waste after July 26, 1982.
- (C) Pending promulgation of such regulations, the Director shall issue corrective action orders for facilities referred to in paragraphs 264(j)(i)(A) and (B) above, on a case-by-case basis, consistent with the purposes of 40 CFR 264.101(c).
(k) LOCATION STANDARDS, - (i) Applicability.
- (A) The location standards in Section 264(k) of this Chapter apply to any new or existing facility for the treatment, storage, or disposal of hazardous wastes, which is subject to the permit requirements of this Chapter, except as provided in Section 264(k)(i)(B) of this Chapter.
- (B) The location standards in Section 264(k) of this Chapter, excluding the standards in Sections 264(a)(iv) and 270(d)(i)(C) of this Chapter, do not apply to any new or existing Class I HWMF as defined in Section 4(a) of these rules which is required by law to be constructed at the site of a hazardous waste generator to manage newly-listed hazardous waste currently legally produced solely by that generator.
(l) ADDITIONAL LOCATION STANDARDS REQUIREMENTS FOR CLASS II FACILITIES. In addition to the location standards of this Chapter, Class II facilities, as defined in Section 4(a) of these rules, shall not be located in violation of the following standards: - (i) Local zoning ordinances: Facility locations shall not be in conflict with local zoning ordinances or land use plans that have been adopted by a county commission or municipality.
- (ii) Wetlands: Facilities shall not be located in wetlands.
- (iii) Wild and Scenic Rivers Act: Facility locations shall not diminish the scenic, recreational and fish and wildlife values for any Section of river designated for protection under the Wild and Scenic Rivers Act, 16 USC 1271 et seq., and implementing regulations.
- (iv) National Historic Preservation Act: Facilities shall not be located in areas where they may pose a threat to an irreplaceable historic or archeological site listed pursuant to the National Historic Preservation Act, 16 USC 470 et seq. and implementing regulations, or to a natural landmark designated by the National Park Service.
- (v) Endangered Species Act: Facilities shall not be located within a critical habitat of an endangered or threatened species listed pursuant to the Endangered Species Act, 16 USC 1531 et seq., and implementing regulations, where the facility may cause destruction or adverse modification of the critical habitat, may jeopardize the continued existence of endangered or threatened species or contribute to the taking of such species.
- (vi) Big game winter range/grouse breeding grounds: Facilities shall not be located within critical winter ranges for big game or breeding grounds for grouse, unless after consultation with the Wyoming Game and Fish Department, the Director determines that facility development would not conflict with the conservation of Wyoming's wildlife resources.
- (vii) Avalanche areas: Facilities shall not be located in documented avalanche prone areas.
- (viii) Hydrogeologic conditions: Facilities shall not be located in an area where the DEQ, after investigation by the applicant, finds that there is a reasonable probability that hazardous waste management activities will have a detrimental effect on surface water or groundwater quality.
- (ix) Facilities larger than one acre, and any facility which is an incinerator, boiler, or industrial furnace, shall not be located within:
- (A) One (1) mile of a school, or one (1) mile of an occupied dwelling house;
- (B) One (1) mile of any public park or recreation area;
- (C) One (1) mile of the boundaries of an incorporated city or town.
- (x) One thousand (1,000) feet of any perennial lake or pond which is either naturally occurring, or which contains water used for any purpose not directly related to an industrial process.
- (xi) Three hundred (300) feet of any perennial river or stream.
(m) ADDITIONAL LOCATION STANDARDS REQUIREMENTS FOR CLASS III FACILITIES. In addition to the location standards of this Chapter, Class III facilities, as defined in Section 4(a) of these rules, shall not be located in violation of the following standards: - (i) All location standards applicable to Class II facilities, in Section 264(l) of this Chapter;
- (ii) Five (5) miles of a school or an occupied dwelling house;
- (iii) One (1) mile of the center line of the right-of-way of a State or federal highway;
- (iv) Five (5) miles of the boundaries of an incorporated city or town;
- (v) For any HWMF subject to the location standards of Sections 264(m)(i) through (iv) of this Chapter, the following additional location standards shall apply if they are more restrictive than the location standards of Sections 264(m)(i) through (iv) of this Chapter:
- (A) No facility shall be located such that it poses a cancer risk to potentially exposed populations including residents, occupants of businesses, schools, or institutions, exceeding one excess cancer per million people. The cancer risk shall be assessed considering projected pollutant release rates and assumed target intakes during normal operation conditions specified in Section 270(l)(ii) of this Chapter.
- (B) No facility shall be located such that it causes chronic toxic effects to potentially exposed populations including residents, occupants of businesses, schools, or institutions, due to exposures to pollutants higher than chronic oral reference dose or chronic inhalation reference concentration. The chronic toxic effect shall be assessed considering projected pollutant release rates and assumed target intakes during normal operation or failure conditions specified in Section 270(l)(ii) of this Chapter.
- (C) No facility shall be located such that it causes subchronic or acute toxic effects to people at the facility property boundary due to exposures to pollutants higher than the subchronic oral reference dose or subchronic inhalation reference concentration. The subchronic and acute toxic effect shall be assessed considering projected pollutant release rates and assumed target intakes during failure conditions specified in Section 270(l)(ii) of this Chapter.
020-1 Wyo. Code R. § 1-264