### STATE OF WYOMING RCRA STATUTORY CHECKLIST Abbreviated Version

TABLE OF CONTENTS 

### Page I. D EFINITIONS

................................ ................................ ................................ ........................... 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

### WYOMING RCRA STATUTORY CHECKLIST (Abbreviated Version)

Page 1 

### 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. D EFINITIONS 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 leas t 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)

### WYOMING RCRA STATUTORY CHECKLIST (Abbreviated Version)

Page 2 Statutory Element Part 271 Reference RCRA Cite State Cite

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 Faci lity”

Waste (solid) N/A § 1004(27) W.S. § 35

- 11

- 103(d)(i) “Solid Waste” Remarks of the Attorney Genera l : 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” a nd “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 de finition 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 Ge neral: 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.

### WYOMING RCRA STATUTORY CHECKLIST (Abbreviated Version)

Page 3 Statutory Element Part 271 Reference RCRA Cite State Cite
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 requirem ents 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

### WYOMING RCRA STATUTORY CHECKLIST (Abbreviated Version)

Page 4 Statutory Element Part 271 Reference RCRA Cite State Cite Remarks of the Attorney General: W.S. § 35

- 11

- 503 provides the State with specific authority t o 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 CF R 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)

### WYOMING RCRA STATUTORY CHECKLIST (Abbreviated Version)

Page 5 Statutory Element Part 271 Reference RCRA Cite State Cite
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 compl y 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, agre ement 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)

### WYOMING RCRA STATUTORY CHECKLIST (Abbreviated Version)

Page 6 Statutory Element Part 271 Reference RCRA Cite State Cite 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 authoriz ation for its hazardous waste management program under RCRA Subtitle C. Under W.S. § 35

- 11

- 109(a)(xiii), the S tate has the authority to issue, deny, amend, suspend or revoke permits. VIII. PUBLIC PARTICIPATION [See 40 CFR 271.14] Authority to adopt pu blic 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 samp les 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)

### WYOMING RCRA STATUTORY CHECKLIST (Abbreviated Version)

Page 7 Statutory Element Part 271 Reference RCRA Cite State Cite
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: Re quire 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

### WYOMING RCRA STATUTORY CHECKLIST (Abbreviated Version)

Page 8 Statutory Element Part 271 Reference RCRA Cite State Cite 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. 3 5

- 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 use d 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 complianc e. 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 a uthority 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 t he 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 a uthority 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 hea lth 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.

### WYOMING RCRA STATUTORY CHECKLIST (Abbreviated Version)

Page 9 Statutory Element Part 271 Reference RCRA Cite State Cite
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

- 5 03(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 receive d 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 I nformation 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.

### WYOMING RCRA STATUTORY CHECKLIST (Abbreviated Version)

Page 1 0 Statutory Element Part 271 Reference RCRA Cite State Cite 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. Th is 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 r equires 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 individu al 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 charac teristic, 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 r equirements to be conducted electronically N/A N/A W.S. § 35

- 11

- 109(b)

### WYOMING RCRA STATUTORY CHECKLIST (Abbreviated Version)

Page 11 Statutory Element Part 271 Reference RCRA Cite State Cite 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 adjourn ment 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 addit ional 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 recei ve 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.