(a) Do you need a written P2 Plan to be eligible for the VRP? The following sites shall be identified as facilities and shall be implementing the requirements of an adopted, written P2 Plan as described in Section 6 of this Chapter in order to be considered for participation in the VRP: - (i) Large quantity generators of hazardous waste subject to regulation under Chapter 8 of the Wyoming Hazardous Waste Management Rules and Regulations;
- (ii) Sites required to have a Spill Prevention Control and Countermeasure Plan under the requirements of the Environmental Protection Agency's Federal Oil Pollution Prevention Regulations found in Title 40, Part 112 of the CFR, as revised and published on July 1, 2006 and not including any later amendments or editions. This CFR is incorporated by reference under Section 8 of this Chapter;
- (iii) Sites required to have an Emergency and/or Response Plan under the requirements of the Department of Transportation's regulations found in Title 49, Parts 190 through 199 of the CFR, as revised and published on October 1, 2006 and not including any later amendments or editions. This CFR is incorporated by reference under Section 8 of this Chapter;
- (iv) Sites required to report under the Environmental Protection Agency's requirement for toxic chemical release reporting found in Title 40 Part 372 of the CFR, as revised and published on July 1, 2006 and effective as of August 7, 2006 and not including any later amendments or editions. This CFR is incorporated by reference under Section 8 of this Chapter;
- (v) Sites subject to regulation as an interim status or permitted hazardous waste treatment, storage or disposal facility under Chapters 10 or 11 of the Wyoming Hazardous Waste Management Rules and Regulations; and
- (vi) Sites subject to regulation under Article 14 (Storage Tanks) of the Wyoming Environmental Quality Act where releases have occurred from sources other than the regulated tanks.
(b) Do you need to implement alternative minimum pollution prevention operating standards to fulfill the P2 Plan requirement in order to be considered for participation in the VRP? The owner or operator of any place of business or site not listed in Section 4(a) of this Chapter, which stores, uses or generates contaminants must demonstrate to the satisfaction of the Administrator that the alternative minimum pollution prevention operating standards, as described in Section 7 of this Chapter, are being implemented at the place of business or site in order to be considered for participation in the VRP. Such places of business or sites shall be identified as facilities for the purposes of this Chapter.
(c) For any place of business or site identified as a facility in Section 4(a) or (b) of this Chapter to which any of the following conditions apply to the release in question, upon certifying the existence of the condition to the satisfaction of the Administrator, the owner or operator shall have met the P 2 Plan requirements for VRP eligibility. - (i) Release of contaminants was solely the result of an in-transit incident which occurred during air, rail or truck transportation caused by an entity other than the owner or operator of the place of business or site, the cause of the release was identified and measures were taken to prevent a recurrence;
- (ii) Only a small quantity inventory of contaminants are used, stored or generated at the place of business or site and this is demonstrated to the satisfaction of the Administrator by providing written records clearly documenting that the volume and disposition of these contaminants meets the requirements as defined in Section 2 of this Chapter; or
- (iii) The owner or operator of a place of business or site meets the definition of an innocent owner as defined in W.S. 35-11-1801.
(d) If the owner of a site can certify to the satisfaction of the Administrator that all activities and waste derived from those activities meet the definitions for household waste and/or household do-it-yourselfer used oil created by a household do-it-yourselfer used oil generator as presented in Section 2 of this Chapter, the owner of the site shall have met the P2 Plan requirement in order for the site to be eligible for the VRP.