STATE OF WYOMING

RCRA STATUTORY CHECKLIST

Abbreviated Version

TABLE OF CONTENTS

Page

I. DEFINITIONS ........................................................................................................................... 1

II. HAZARDOUS WASTE IDENTIFICATION AND LISTING [See 40 CFR § 271.9] ......... 2

III. STANDARDS FOR GENERATORS [See 40 CFR § 271.10]................................................ 3

IV. STANDARDS FOR TRANSPORTERS [See 40 CFR § 271.11]............................................ 3

V. STANDARDS FOR HW STORAGE, TREATMENT, AND DISPOSAL 

FACILITIES [See 40 CFR 271.12]........................................................................................... 3

VI. LAND DISPOSAL RESTRICTIONS [See 40 CFR 271.25] .................................................. 4

VII. PERMITS FOR HW STORAGE, TREATMENT AND DISPOSAL FACILITIES 

[See 40 CFR 271.13 and 271.14] ............................................................................................... 4

VIII. PUBLIC PARTICIPATION [See 40 CFR 271.14] ................................................................. 6

IX. REQUIREMENTS FOR USED OIL MANAGEMENT [See 40 CFR 271.26] .................... 6

X. INSPECTIONS [See 40 CFR 271.15]....................................................................................... 6

XI. ENFORCEMENT REMEDIES (INCLUDING PUBLIC PARTICIPATION IN 

ENFORCEMENT) [See 40 CFR 271.16]................................................................................. 6

XII. SHARING OF INFORMATION WITH EPA [See 40 CFR 271.17]..................................... 8

XIII. EXPOSURE ASSESSMENTS .................................................................................................. 8

XIV. RADIOACTIVE MIXED WASTE .......................................................................................... 9

XV. AVAILABILITY OF INFORMATION [See 40 CFR 271.17]............................................... 9

XVI. ADDITIONAL MISCELLANEOUS AUTHORITIES .......................................................... 9
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Titles of Legislation: 

1. WY Environmental Quality Act (W.S. § 35-11-101 et seq.), as amended

2. WY Joint Powers Act (W.S. § 16-1-101 et seq.), as amended

3. WY Public Records Act (W.S. § 16-4-201 et seq.), as amended

4. WY Administrative Procedures Act (W.S. § 16-3-101 et seq.), as amended

5. WY Rules of Civil Procedure, as amended

6. Industrial Development Information and Siting Act (W.S. § 35-12-101 et seq.), as amended

Date Prepared: April 28, 2015, as revised February 4, 2016

Statutory Element Part 271

Reference RCRA Cite State Cite

I. DEFINITIONS

Note that 40 CFR Part 271 does not specifically address definitions of terms. However, the Federal 

program relies on various definitions for establishing the applicability and scope of the hazardous waste

regulations. If definitions of these terms appear in state statutes, they should be at least as stringent as the 

analogous Federal statutory or regulatory definition. The State should have the authority to define the 

following terms in a manner at least as stringent as the Federal program:

Disposal N/A § 1004(3) Not in Statutes; see state 

regulatory definition at Chap 1 

Sec 1(f)(i)

Generator N/A Not in RCRA; 

see 40 CFR 

260.10 defn.

Not in Statutes; see state 

regulatory definition at Chap 1 

Sec 1(f)(i)

Hazardous waste N/A § 1004(5) Wyoming Statutes (W.S.) § 

35-11-103(d)(vii)

Manifest N/A § 1004(12) Not in Statutes; see state 

regulatory definition at Chap 1 

Sec 1(f)(i)

Person N/A § 1004(15) Not in Statutes see state 

regulatory definition at Chap 1 

Sec 1(f)(i)

Storage N/A § 1004(33) Not in Statutes; see state 

regulatory definition at Chap 1 

Sec 1(f)(i)

Transport N/A Not in RCRA; 

see 40 CFR 

260.10 defn. of 

“transportation”

Not in Statutes; see state 

regulatory definition for 

“transportation” at Chap 1 Sec 

1(f)(i)
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Statutory Element Part 271

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Treatment N/A § 1004(34) Not in Statutes see state 

regulatory definition at Chap 1 

Sec 1(f)(i)

Treatment, Storage or Disposal facility N/A Not in RCRA; 

see 40 CFR 

260.10 defn. of 

“facility”

W.S. § 35-11-103(d)(ii) “Solid 

Waste Management Facility”

Waste (solid) N/A § 1004(27) W.S. § 35-11-103(d)(i) “Solid 

Waste”

Remarks of the Attorney General: General authority exists in W.S. § 35-11-503(d) for the promulgation of 

rules and regulations, including definitions, necessary for the State to obtain authorization for its hazardous 

waste management program under RCRA Subtitle C. Wyoming’s statutory definitions for “solid waste” and 

“solid waste management facility” do not limit the authority of the director to promulgate regulatory 

definitions equivalent to and consistent with EPA definitions within the rules and regulations promulgated 

under W.S. § 35-11-503(d). The statutory definition of “hazardous waste” is equivalent to and consistent with 

the definition found in RCRA.

II. HAZARDOUS WASTE IDENTIFICATION AND LISTING [See 40 CFR § 271.9]

1. Authority to adopt a set of 

characteristics for identifying 

hazardous waste and a list of 

hazardous wastes that are no less 

stringent than, and consistent 

with, the Federal program, and 

to control all hazardous wastes 

controlled under 40 CFR part 

261.

271.9(a) §§ 3001(a), (b), 

(d), (e), (i) and

3018(b)

W.S. § 35-11-503(d)

2. Delisting (Optional): Authority 

to provide a delisting mechanism 

with regulations that are 

equivalent to 40 CFR 260.20(b) 

and 260.22 and that meets the 

requirements of RCRA § 

3001(f)(1) & (2)

271.9(b) § 3001(b) and

(f)

W.S. § 35-11-503(d)

Remarks of the Attorney General: General authority exists in W.S. § 35-11-503(d) for the promulgation of 

rules and regulations necessary for the State to obtain authorization for its hazardous waste management 

program under RCRA Subtitle C. 
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Statutory Element Part 271

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III. STANDARDS FOR GENERATORS [See 40 CFR § 271.10]

Authority to regulate all generators 

EPA regulates under 40 CFR Part 262 

and to adopt requirements that are no 

less stringent than, and consistent with, 

the Federal generator requirements.

271.10 §§ 3001, 3002, 

& 3017

W.S. § 35-11-503(d)

W.S. § 35-11-516

Remarks of the Attorney General: General authority exists in W.S. § 35-11-503(d) for the promulgation of 

rules and regulations necessary for the State to obtain authorization for its hazardous waste management 

program under RCRA Subtitle C. More specific authority for the regulation of hazardous waste generators 

exists at W.S. § 35-11-516.

IV. STANDARDS FOR TRANSPORTERS [See 40 CFR § 271.11]

Authority to regulate all transporters 

EPA regulates under 40 CFR Part 263 

and to adopt requirements that are no 

less stringent than, and consistent with, 

the Federal transporter requirements.

271.11 § 3001

§ 3003

W.S. § 35-11-503(d)

W.S. § 35-11-516

Remarks of the Attorney General: General authority exists in W.S. § 35-11-503(d) for the promulgation of 

rules and regulations necessary for the State to obtain authorization for its hazardous waste management 

program under RCRA Subtitle C. More specific authority for the regulation of hazardous waste transporters 

exists at W.S. § 35-11-516.

V. STANDARDS FOR HW STORAGE, TREATMENT, AND DISPOSAL FACILITIES [See 40 

CFR 271.12]

1. Authority to regulate all owners 

and operators of hazardous 

waste management facilities that 

EPA regulates under 40 CFR 

Parts 264 and 266 and to adopt 

technical standards, 

requirements, and prohibitions 

that are no less stringent than, 

and consistent with, the Federal 

TSD facility requirements.

271.12 § 3004 W.S. § 35-11-503

W.S. § 35-11-504

2. Authority to require corrective 

action in a manner that is no less 

stringent than, and consistent 

with, the Federal corrective 

action requirements.

271.12 § 3004(u) and 

(v), and 

3004(a)(6)

W.S. § 35-11-503(d)

W.S. § 35-11-519
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Statutory Element Part 271

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Remarks of the Attorney General: W.S. § 35-11-503 provides the State with specific authority to 

promulgate rules, regulations, standards and permit systems for solid waste management facilities. General 

authority also exists in W.S. § 35-11-503(d) for the promulgation of rules and regulations necessary for the 

State to obtain authorization for its hazardous waste management program under RCRA Subtitle C. Authority 

for bonding or financial assurance requirements is provided under W.S. §§ 35-11-503(a)(ii) and 35-11-504. 

More specific authority for hazardous waste corrective action exists at W.S. § 35-11-519.

VI. LAND DISPOSAL RESTRICTIONS [See 40 CFR 271.25]

Authority to enact land disposal 

restrictions that are no less stringent 

than, and consistent with, the Federal 

land disposal restrictions in 40 CFR 

Part 268.

271.25 § 3004(d)-(g), 

(j) and (m)

W.S. § 35-11-503(d)

Remarks of the Attorney General: General authority exists in W.S. § 35-11-503(d) for the promulgation of 

rules and regulations necessary for the State to obtain authorization for its hazardous waste management 

program under RCRA Subtitle C. 

VII. PERMITS FOR HW STORAGE, TREATMENT AND DISPOSAL FACILITIES [See 40 CFR 

271.13 and 271.14]

1. Authority to require permits for 

owners and operators of all TSD 

facilities in a manner that is no 

less stringent than, and 

consistent with, the Federal 

permit program under 40 CFR 

Parts 270 and 124.

271.13(a) § 3005(a) W.S. § 35-11-502

W.S. § 35-11-503(d) 

W.S. § 35-11-109(a)(xiii)

2. Authority to require permit 

application information 

(including exposure information) 

and to issue permits containing 

all technical and administrative 

standards for facilities and any 

conditions necessary to protect 

human health and environment

271.13(a)

271.14

§ 3005(b)

§ 3005(c)(3)

§ 3005(g)

§ 3019(a)

W.S. § 35-11-502

W.S. § 35-11-503(d)

3. Authority to provide for permit 

modification and termination 

(revocation) in a manner that is 

no less stringent than, and 

consistent with, the Federal 

program. 

271.13(d) 

271.14

§ 3005(c)

§ 3005(d)

W.S. § 35-11-503(d)

W.S. § 35-11-109(a)(xiii)
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Statutory Element Part 271

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4. Interim Status: Authority to 

authorize owners or operators of 

TSD facilities to operate under 

interim status if the facility 

would qualify for interim status 

under the Federal program.

271.13(a) § 3005(e)(1) W.S. § 35-11-503(d)

5. Interim Status: Authority to 

require interim status to 

terminate under conditions that 

are equivalent and consistent 

with the Federal program.

271.13(a) § 3005(e)(2) 

and (3)

W.S. § 35-11-503(d)

6. Interim Status: Authority to 

require interim status facilities to 

comply with standards at least as 

stringent as those in 40 CFR Part 

265.

271.13(a) § 3005(e)(1)

§ 3005(h)

§ 3005(i) 

§ 3015

W.S. § 35-11-503(d)

7. Interim Status: Authority to 

require interim status 

impoundments to comply with 

the double liner, leachate 

collection and ground-water 

monitoring requirements 

applicable to new units or stop 

treating, receiving or storing 

hazardous wastes. (SR1)

271.13(a) § 3005(j) W.S. § 35-11-503(d)

8. (Optional): Authority to modify 

the double liner, leachate 

collection and groundwater 

monitoring requirements for 

impoundments in § 3005(j)(1) if 

prior to October 1, 1984, the 

owner/operator has entered into 

a consent decree, order, 

agreement with EPA or an 

authorized State which requires 

correction and provides 

protection of health and 

environment at least equivalent 

to that in § 3005(j)(1). (SR2)

271.13(a) § 3005(j)(2)-(9) 

and (j)(13)

W.S. § 35-11-503(d)
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Remarks of the Attorney General: W.S. § 35-11-502 provides specific authority for permit requirements 

and permit application procedures. General authority also exists in W.S. § 35-11-503(d) for the promulgation 

of rules and regulations necessary for the State to obtain authorization for its hazardous waste management 

program under RCRA Subtitle C. Under W.S. § 35-11-109(a)(xiii), the State has the authority to issue, deny, 

amend, suspend or revoke permits. 

VIII. PUBLIC PARTICIPATION [See 40 CFR 271.14]

Authority to adopt public participation 

procedures for the permit process.

271.14(v)-(aa) § 7004(b) W.S. § 35-11-502(k)

W.S. § 35-11-503(d)

Remarks of the Attorney General: W.S. § 35-11-502(k) provides the procedures under which any interested 

person may file objections to a proposed permit with the director. General authority exists in W.S. § 35-11-

503(d) for the promulgation of rules and regulations necessary for the State to obtain authorization for its 

hazardous waste management program under RCRA Subtitle C. 

IX. REQUIREMENTS FOR USED OIL MANAGEMENT [See 40 CFR 271.26]

Authority to promulgate regulations 

establishing special generator and 

transporter standards, performance 

standards, and other requirements as 

may be necessary to protect health and 

the environment from hazards 

associated with recycled used oil, as 

specified in 40 CFR Part 279.

271.26 § 3014(a), (c) 

and (d)6

W.S. § 35-11-503(d)

W.S. § 35-11-516

Remarks of the Attorney General: General authority exists in W.S. § 35-11-503(d) for the promulgation of 

rules and regulations necessary for the State to obtain authorization for its hazardous waste management 

program under RCRA Subtitle C. More specific authority for the regulation of hazardous waste generators 

exists at W.S. § 35-11-516.

X. INSPECTIONS [See 40 CFR 271.15]

Authority to enter, inspect and obtain 

samples (at all regulated premises and 

any location where records are kept).

271.15(c) § 3007 W.S. § 35-11-109(a)(xiv)

Remarks of the Attorney General: W.S. § 35-11-109(a)(xiv) authorizes designated officers, employees, or 

representatives of the Department to enter at reasonable times any establishment, property, premise or other 

place where hazardous wastes are or have been generated, stored, treated, disposed of or transported from for 

purposes of enforcing the hazardous waste provisions. This provision includes authority to copy all records 

related to wastes and to inspect and obtain samples of waste.

XI. ENFORCEMENT REMEDIES (INCLUDING PUBLIC PARTICIPATION IN 

ENFORCEMENT) [See 40 CFR 271.16]

1. Authority to immediately 

restrain unauthorized activity.

271.16(a)(1) § 3006 W.S. § 35-11-901(a)
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2. Authority to sue to enjoin any 

threatened or continuing 

program violation without prior 

revocation of permit.

271.16(a)(2) § 3006 W.S. § 35-11-901(a)

3. Authority to obtain civil 

penalties for any violation 

(maximum no less than $10K 

per day).

271.16(a)(3)(i), 

(b), and (c)

§ 3006 W.S. § 35-11-901(a)

W.S. § 35-11-1106(a)(iv)

4. Authority to obtain criminal 

penalties for specified maximum 

violations (no less than $10K per 

day and imprisonment with 

maximum no less than 6 

months); burden of proof no 

greater than under Federal law 

271.16(a)(3)(ii) 

and (b)

§ 3006 W.S. § 35-11-901(j)-(k)

5. Authority to allow public 

intervention.

271.16(d) § 7004 Rule 24 of Wyoming Rules of 

Civil Procedure

W.S. § 16-3-101(b)(vi)

W.S. § 16-3-107(k)

6. Authority to sue to enjoin any 

threatened or continuing

program violation and recover 

fines for enforceable documents

271.16(e) § 3006 W.S. § 35-11-901(a)

W.S. § 35-11-1607(e)

7. Optional: Require that neither 

the State nor citizens may bring 

action against common carriers 

for imminent hazards arising 

after delivery of the shipment to 

the consignee, provided the 

carrier exercised due care when 

handling the work.

Not required § 7002(g)

§ 7003(a)

N/A
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Remarks of the Attorney General: The enforcement provision in W.S. § 35-11-901(a) provide authority for 

temporary or permanent injunction, civil penalties for any violation not to exceed $10,000 per day. W. S. 35-

11-901(j) and (k) provide authority to obtain criminal penalties of up to $25,000 per day for each violation and 

imprisonment for up to one year again any person who willfully and knowingly violates any provision of the 

Wyoming Environmental Quality Act and its implementing regulations, including those pertaining to used oil; 

or up to $10,000 per day for any person who knowingly makes any false statement or representation in any 

required application, label, manifest, record, report, permit, or other document filed, maintained or used for the 

purposes of program compliance. Under W.S. § 35-11-1106(a)(iv), voluntarily reported violations revealed by 

environmental audits are not exempt from civil penalties if a federally delegated environmental program 

requires the imposition of a penalty for such violation. Rule 24 of the Wyoming Rules of Civil Procedure 

allows intervention as of right in any civil action by a citizen having an interest which is or may be adversely 

affected. W.S. §§ 16-3-101(b)(vi) and 16-3-107(k) allow intervention by interested parties in contested cases

under the Wyoming Administrative Procedures Act.

XII. SHARING OF INFORMATION WITH EPA [See 40 CFR 271.17]

Authority to share all information with 

EPA

271.17(a) § 3007(b) W.S. § 35-11-503(d)

W.S. § 35-11-1101(b)

W.S. § 35-11-102

W.S. § 35-11-109(a)(ii)

Remarks of the Attorney General: W.S. § 35-11-1101(b) provides authority for disclosure of information 

obtained by the Department to federal agencies as necessary for the administration of federal environmental 

control measures. The policy and purpose of the Act under W.S. § 35-11-102 includes protection of public 

health from the perils of pollution, and both W.S. § 35-11-102 and W.S. § 35-11-109(a)(ii) call for cooperation 

between the State and federal agencies in carrying out the policy and purpose of the Act.

XIII. EXPOSURE ASSESSMENTS

Authority to make exposure and health 

assessment information available to the 

Agency for Toxic Substances and 

Disease Registry (See CERCLA § 

104(i)) (SI)

Not in 40 CFR 

Part 271

§ 3019(b)(1) W.S. § 35-11-503(d)

W.S. § 35-11-1101(b)

W.S. § 35-11-102

W.S. § 35-11-109(a)(ii)

Remarks of the Attorney General: W.S. § 35-11-1101(b) provides authority for disclosure of information 

obtained by the Department to federal agencies as necessary for the administration of federal environmental 

control measures. The policy and purpose of the Act under W.S. § 35-11-102 includes protection of public 

health from the perils of pollution, and both W.S. § 35-11-102 and W.S. § 35-11-109(a)(ii) call for cooperation 

between the State and federal agencies in carrying out the policy and purpose of the Act.
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XIV. RADIOACTIVE MIXED WASTE

Authority to regulate hazardous waste 

that is radioactive except to the extent 

that the waste is source, special nuclear, 

or byproduct material as defined by the 

Atomic Energy Act of 1954, as 

amended. (68 Stat. 923) (MW) 

271.9(a) § 1004(27) W.S. § 35-11-503(d)

Remarks of the Attorney General: General authority exists in W.S. § 35-11-503(d) for the promulgation of 

rules and regulations necessary for the State to obtain authorization for its hazardous waste management 

program under RCRA Subtitle C. Accordingly, the hazardous waste portion of a “mixed waste” would be 

subject to the DEQ’s hazardous waste regulations.

XV. AVAILABILITY OF INFORMATION [See 40 CFR 271.17]

Authority to make information about 

treatment, storage, and disposal 

facilities available to the public in 

substantially the same manner and to 

the same degree as if EPA were 

running the program (AI)

271.17(c) § 3006(f) W.S. § 16-4-201 et seq.

W.S. § 35-11-1101

Remarks of the Attorney General: Under the Wyoming Public Records Act and W.S. § 35-11-1101, 

information is available to the public in substantially the same manner and to the same degree as under the 

federal program. “Public Records” are defined to include any document made or received by state agencies in 

connection with the transaction of public business except as otherwise provided by law. The scope of 

information allowed to be restricted for release under the Wyoming Public Records Act is the same as under 

the federal Freedom of Information Act. In the Memorandum of Agreement between the State of Wyoming 

and the Environmental Protection Agency, the State has also agreed to make information available to the 

public in accordance with W.S. §§ 35-11-1101 and 16-4-201 et seq. 

XVI. ADDITIONAL MISCELLANEOUS AUTHORITIES

1. Authority to grant variances and 

exemptions that are no less 

stringent than allowed by 

Subtitle C of RCRA.

Not required N/A W.S. § 35-11-503(d)

Remarks of the Attorney General: General authority exists in W.S. § 35-11-503(d) for the promulgation of 

rules and regulations necessary for the State to obtain authorization for its hazardous waste management 

program under RCRA Subtitle C. 

2. Importation ban. Not required N/A N/A

3. Siting. Not required N/A W.S. § 35-12-101 et seq.
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Remarks of the Attorney General: Under W.S. § 35-12-101 et seq., county commissions must approve 

certain hazardous waste management facilities, and certain hazardous waste management facilities must also 

obtain an industrial siting permit. This portion of Wyoming’s program is broader in scope than the federal 

program.

4. Authority to adopt existing 

and/or future Federal regulations 

by reference (current and 

prospective incorporation by 

reference).

N/A N/A W.S. § 16-3-103(h)

Remarks of the Attorney General: General authority exists in W.S. § 35-11-503(d) for the promulgation of 

rules and regulations necessary for the State to obtain authorization for its hazardous waste management 

program under RCRA Subtitle C. Authority for adoption of federal regulations by reference is contained in 

W.S. § 16-3-103(h). The statutes prohibit prospective incorporation by reference. Under W.S. § 16-3-

103(h)(ii), the incorporating agency must identify the location and date of the incorporated matter and the rule 

must not include any later amendments or editions of the incorporated matter. 

5. Limitation on State authority to 

adopt more stringent or broader 

in scope provisions.

N/A N/A W.S. § 35-11-503(d)

W.S. § 35-11-503(a)(v)

W.S. § 35-11-516(b)

W.S. § 35-11-519

W.S. § 35-11-103(d)(vii)

Remarks of the Attorney General: General authority exists in W.S. § 35-11-503(d) for the promulgation of 

rules and regulations necessary for the State to obtain authorization for its hazardous waste management 

program under RCRA Subtitle C. The statutes provide limitations on the authority to adopt more stringent or 

broader in scope provisions in W.S. § 35-11-103(d)(vii), W.S. § 35-11-503(a)(v), W.S. § 35-11-516(b), and 

W.S. § 35-11-519. The State requires that state rules and regulations must be consistent with, and no less 

stringent than the corresponding rules which have been adopted by the U. S. EPA. Under W.S. § 35-11-

503(a)(v)(B), the director may petition the council to determine for individual permits or orders that adequate 

case exists for permit conditions or orders to be more stringent than federal regulations. W.S. § 35-11-

103(d)(vii) provides that only those materials listed as hazardous waste by the U. S. EPA, or which exhibit a 

characteristic, shall be considered hazardous waste in the state.

6. Authority to enter into a 

Memorandum of Agreement 

with the EPA

271.8 N/A W.S. § 16-1-101

W.S. § 35-11-109(a)(ii)

W.S. § 35-11-503(d)

Remarks of the Attorney General: W.S. § 16-1-101 allows state agencies to enter into written agreements 

for cooperation with their counterpart federal agencies. W.S. § 35-11-109(a)(ii) authorizes the DEQ Director 

to cooperate with agencies of the federal government in furtherance of the purposes of the Wyoming 

Environmental Quality Act. 35-11-503(d) reflects the State Legislature’s intent that the DEQ obtain primacy 

to administer the hazardous waste program under Subtitle C of RCRA. 

7. Authority to allow the permitting 

and reporting requirements to be 

conducted electronically

N/A N/A W.S. § 35-11-109(b)
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Remarks of the Attorney General: W.S. § 35-11-109(b) gives the State the authority to allow permitting and 

reporting requirements to be conducted electronically as provided by the Uniform Electronic Transaction Act, 

W.S. §§ 40-21-101 through 40-21-119 and any applicable federal electronic requirements.

8. Authority for a permit fee 

system

Not required N/A W.S. § 35-11-517

Remarks of the Attorney General: The State has authority under W.S. § 35-11-517 to implement a permit 

fee system and schedule of fees for hazardous waste treatment, storage and disposal facilities. The State’s 

permit fee system is broader in scope than the federal program.

9. Authority to terminate state 

regulation of hazardous 

generators and transporters

Not required N/A W.S. § 35-11-520

Remarks of the Attorney General: W.S. § 35-11-520 provides that W.S. § 35-11-516 through W.S. § 35-11-

519 addressing hazardous waste generators and transporters, fees for hazardous waste management facilities, 

certain authority for issuance of court and administrative orders to address federal actions taken prior to 

authorization, and corrective action shall not be effective 180 days after the adjournment of the next state 

legislative session as a result of any reduction in federal grant funds which results in the need for additional 

state funds, exclusive of fees, to administer the hazardous waste program, unless the legislature appropriates 

the additional funds required. Other authorities cited on this checklist are not impacted by this provision, 

including the authority for facility permits in W.S. § 35-11-502, the general authority under W.S. § 35-11-503 

to promulgate regulations necessary to receive authorization under RCRA Subtitle C, authority for financial 

assurance in W.S. § 35-11-504, enforcement authorities in W.S. § 35-11-901, and general powers provided to 

the Department of Environmental Quality by W.S. § 35-11-109.