(a) IBR AND EXCEPTIONS. 40 CFR Part 265, and all Subparts excluding Subpart R and Sections 40 CFR 265.1(c)(4), 265.15(b)(5), 265.1(c)(15), 265.70(b), 265.147(k), 265.149, 265.150, 265.195(d), 265.1030(c), 265.1050(f), 265.1080(e), 265.1080(f), and 265.1080(g) are herein incorporated by reference as provided in 40 CFR. - (i) For purposes of 40 CFR 265.1(c)(5), "a State" shall be replaced by "the State of Wyoming".
- (ii) For purposes of 40 CFR 265.11, The owner or operator shall apply to the DEQ for an EPA identification number.
- (iv) For purposes of 40 CFR 265.56(d)(2), The emergency 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 ). Notice shall also be given to the Director, DEQ, 122 W. 25th Street, Cheyenne, WY 82002, using the DEQ 24-hour telephone number, 307-777-7781.
- (v) For purposes of 40 CFR 265.90(d)(1) and (3), and 40 CFR 265.93(d)(2) ground-water monitoring plans and reports shall be submitted to the Director.
- (vi) For purposes of 40 CFR 265.93(d)(5) the owner/operator shall submit a written report to the Director 15 days after the determination of ground-water quality is made.
- (vii) For purposes of 40 CFR 265.191(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).
- (viii) For purposes of 40 CFR 265.191(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.
- (ix) For purposes of 40 CFR subparts 265.224(a), 265.259(a), and 265.303(a) all response action plans shall be submitted to the Director.
- (x) For purposes of 40 CFR 265.314(f), the placement of any liquid which is not a hazardous waste in a landfill is prohibited.
- (xi) For purposes of 40 CFR 265.340(b)(2) the language is replaced with, "The following requirements continue to apply even when the owner or operator has demonstrated compliance with the MACT requirements of part 63, Subpart EEE of this Chapter: 40 CFR 265.351 (closure) and the applicable requirements of Subparts A through H, BB and CC of this part."
- (xii) "Malfunction" for purposes of 40 CFR 265, Subpart CC of these rules shall mean any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
(b) PURPOSE, SCOPE, AND APPLICABILITY. The requirements of 40 CFR part 265 do not apply to a person who treats, stores, or disposes of hazardous waste except that: - (i) 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.
- (ii) Any person who treats, stores, or disposes of hazardous waste, if Wyoming has not been authorized to carry out the requirements and prohibitions applicable to the treatment, storage, or disposal of hazardous waste at his or her facility is subject to 40 CFR part 265. The requirements and prohibitions that are applicable until Wyoming receives authorization to carry them out include all federal program requirements identified in 40 CFR 271.1(j).
(c) FINANCIAL MECHANISMS. - (i) For 40 CFR 265.143(g) and 265.145(g): 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.
(d) AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS. - (i) For purposes of 40 CFR 265.1080(c), the phrase "or W.S. 35-11-503(d) " shall be inserted after "...RCRA Section 3005...".
(e) 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 265.115, 265.120, 265.143(h), 265.145(h), 265.147(e), 265.191(a), 265.191 (b)(5)(ii), 265.192(a) and (b), 265.193(i)(2), 265.196(f), 265.280(e), 265.441(a), (b), and (c), 265.443(a)(4)(ii), 265.443(g), 265.444(a), and 265.1101(c)(2).
(f) PROFESSIONAL GEOLOGIST CERTIFICATION. - (i) For purposes of 40 CFR 265.90(c), 265.90(d)(1), and 265.93(d)(2), the certifying geologist shall be a professional geologist registered in the State of Wyoming.
(g) REQUIREMENTS FOR EXISTING AND NEWLY REGULATED SURFACE IMPOUNDMENTS. - (i) Existing surface impoundments subject to Subtitle C prior to November 8, 1984, must comply with new unit requirements by November 8, 1988 or stop hazardous waste activity.
- (ii) Surface impoundments regulated for the first time by a listing or characteristic promulgated after November 8, 1984, must comply with new unit requirements or stop hazardous waste activity by four (4) years after the date of promulgation of the new listing or characteristic.
- (iii) Surface impoundments regulated for the first time by a listing or characteristic promulgated after November 8, 1984, where the Director determines hazardous constituents are likely to migrate into groundwater, the Director is authorized to impose such requirements as may be necessary to protect human health and the environment, including requiring compliance with new unit requirements.
020-1 Wyo. Code R. § 1-265