### WYOMING DEPARTMENT OF ENVIRONMENT QUALITY

HAZARDOUS WASTE PROGRAM

PROGRAM DESCRIPTION

REVISION 6 REQUEST FOR REAUTHORIZATION

April 28 , 2015

, as r evis ed February 4 , 2016i 

## Table of Contents

I. INTRODUCTION 1

II. PROGRAM SCOPE, S TRUCTURE, COVERAGE, AND PROCESSES 1 A. Overview of the RCRA Regulatory Program in Wyoming 1

B. Differences Between Federal and State Programs 2

III. STATE AGENCY RE SPONSIBILITIES AND C OORDINATION AMONG AG ENCIES 2 A. DEQ Solid and Hazardous Waste Divi sion (SHWD) 2

B. DEQ Water Quality Division (WQD) 2

C. DEQ Administration Division 3

D. DEQ Air Quality Division (AQD) 3

E. Wyoming Attorney General 3

F. Wyoming Department of Transportation 3

IV. STAFFING, PROGRAM IMPLEMENTATI ON, AND FUNDING RESO URCES 3 A. Staffing Resources 3

B. Program Implementation 5

C. Funding Resources 5

V. STATE PROCEDURES, PERMITTING PROGRAM A ND COORDINATION WITH OTHER

AGENCIES AND PERMITT ING 5 A. Regulatory Development 5

B. Notification of Hazardous Waste Ac tivity 5

C. Manifest Tracking System 5

D. Coordination of Information Regarding Interstate and International Shipments 6

E. Permitting 6

F. Interim Facility Status 8

G. Biennial Reporting 8

H. Enforcement

– General Inspections 8

I. Groundwater Monitoring Inspections 9

J. Waste Minimization/Pollution Prevention Program 9

K. Availability of Information Procedures 9

L. Appeal Procedures 10ii

VI. COMPLIANCE TRACK ING AND ENFORCEMENT 10 A. Identification of Members of the Regulated Community 10

B. Inspections and Analysis Workload 11

C. Data Management Systems 11

D. Compliance Monitoring Resources 12

E. Enforcement Process 12

VII. ESTIMATED REGUL ATED ACTIVITIES 14

Table 1

- 1. Regulated RCRA Activities as of 2/20/2015 14

Table 1

- 2. Type and Quantities of Hazardous Waste Generated and Transported in 2013 15

VIII. COPIES OF STATE FORMS 16

IX. FIGURES 17 Figure 1

– WDEQ Organizational Chart. 18

Figure 2

– Solid and Hazardous Waste Division Organizational Chart. 19

ATTACHMENT A. CHAPTER III , RULES OF PRACTICE AND PROCEDURE APPLICABLE

TO RULE

- MAKING HEARINGS OR HEARINGS BY AN ADMINISTRATOR OF A DIVISION OF DEQ

ATTACHMENT B : CD CONTAINING .pdf COPY OF MAI LING LIST FOR IBR PUBLIC

NOTICE

ATTACHMENT C: FEDERAL RULES FOR WHICH WYOMING IS NOT SEEKING

AUTHORIZATION

ATTACHMENT D: GENERAL CORRESPONDENCE BETWEEN PREVIOUS STATE RULES,
CURRENT STATE IBR RULES, AND FEDERAL RULES

ATTACHMENT E: GENERAL CORRESPONDENCE BETWEEN PREVIOUS STATE RULES,

CURRENT STATE IBR RULES AND FEDERAL STATUTES1



### I. INTRODUCTION

The Wyoming Department of Environmental Quality (DEQ) is the agency responsible for administering all solid and hazardous waste regulations for the State of Wyoming (State). This document represents an addendum to the Program Description s (PD s ) submitted to the U.S. Environmental Protection Agency (EPA) in 1995 and 1997

. This PD is an element of the application requesting (1) the reauthorization for the hazardous waste regulatory program administered by the DEQ, as authorized under the Federal Resource Conservation Recovery Act (RCRA), and (2) authorization of additional Federal rules promulgated through January 31, 2014 . The DEQ is seeking reauthorization due to the adoption of

an Incorporation By Reference (IBR) of Title 40 of the Code of Federal Regulations (40 CFR) for Revision 6 of the Wyoming Hazardous Waste Rules and Regulations (HWRR).



### II. PROGRAM SCOPE, STRUCTURE, COVERAGE, AND PROCESSES

A. Overview of the RCRA Regulatory Program in Wyoming

This PD has been prepared in accordance with the requirements of 40 CFR § 271.6. Most

sections within this PD have not changed since submittal of the previous authorization application (June

1995 )

, the Addendum PD (December 1997) and the 2001 authorization . The intent of this addendum PD is to provide a general summary of previous authorizations and information in this PD specific to this Revision 6 (IBR) reauthorization req uest.

Details concerning the original authorization for the State’s program may be found in the Federal Register notices announcing EPA’s approval of the State’s program. Citations for the notices are: 60 FR 51,925 (10/4/1995) and 66 FR 40,911 (8/6/20 01). The last HWRR (Revision 5) were adopted on August 13, 2008 but were not authorized by EPA.

Revision 6 of the HWRR repealed the existing text of the State’s hazardous waste regulations and replaced it with text that incorporate s by reference the Fe deral regulations in 40 CFR Part 124, Subparts A, B and G, and Parts 260 through 268, 270, 273 and 279 , except for the following Federal rules:

a. Amendments to NPDES Program regulations (May 15, 2000; 65 FR 30886).

b. National Performance Track Program (April 22, 2004; 69 FR 21737, as amended on October 25, 2004; 69 FR 62217 (Revision Checklist 204)).

c. Definition of Solid Waste Rule (October 30, 2008; 73 FR 64668 (Revision Checklist 219)).

d. RCRA Comparable Fuel Exclusion (December 19, 2008; 73 FR 77954 (Revision Checklist 221)).

e. Amendments involving Performance Track requirements made as part of the Burden Reduction Rule (April 4, 2006; 71 FR 16862 (Revision Checklist 213)).

The new format for the rules allows the State of Wyoming to provide a more concise, easy to use
set of rules that detail s the differences between the Federal and State rules. The IBR format also shows in detail which Wyoming rules are more stringent than, or broader in scope than, the 40 CFR. The IBR rules were presented to the Wyoming W ater and Waste Advisory Board (WWAB) in July 2014 and were approved by the WWAB in September 2014. The IBR rules were presented to the Wyoming Environmental Quality Council ( EQC ) on January 15, 2015, and were approved unanimously by the EQC

on the same da y. A total of two public notices in June

- July 2014 and October

- December 2014 were conducted as part of the State rule

- making process. The rules were finalized for the purposes of State adoption on March 31, 2015. Wyoming has adopted Federal rules promul gated through January 31, 2014 (date certain), with the exceptions detailed in the HWRR and Consolidated Checklists (see attachments).2

As a result of the State’s adoption of the IBR format, Wyoming is seeking reauthorization for the hazardous waste regula tory program administered by the DEQ, as authorized under the Federal Resource Conservation Recovery Act (RCRA), and addressed in the following authorization Federal Register notices: 60 FR 51925 (10/4/1995) and 66 FR 40911 (8/6/2001). Wyoming is also se eking authorization for the Federal rule addressed by Revision Checklist 140 (February 9, 1995 (60 FR 7824), as amended on 4/17/95 (60 FR 19165) and 5/12/95 (60 FR 25619)), and Federal rules promulgated from March 26, 1996 through January 31, 2014 (i.e., R evision Checklists 150 through 230), except for the

rules listed in Attachment C, “FEDERAL RULES FOR WHICH WYOMING IS NOT SEEKING

AUTHORIZATION

. ” The State hazardous waste program for which authorization is sought does not include a request for authorization on Indian lands within the State.

B. Differences Between Federal and State Programs

The State’s program is generally equivalent to the F ederal program ; h owever, there are areas where the State program is either more stringent than, or broader in scope than, the Federal program. These differences are identified in a comprehensive way in Table 1

- 1 of the Chapter 1 Hazardous Waste Rules and Regulations (HWRR), "General Provisions". Details of the differences between the Wyoming

HWRR and the 40 CFR are also provided in the attached IBR Consolidated Checklists.



### III. STATE AGENCY RESPONSIBILITIES AND COORDINATION AMONG

AGENCIES

A. DEQ Solid and Hazardous Waste Division (SHWD)

The lead State agency for implementation of the hazardous waste program in Wyoming is the DEQ’s SHWD, for all portions of the program except underground injection of hazardous wastes. The organization charts presented in Section IX, Figures 1 and 2 on pag es 18 and 19 summarize the organization and structure of the DEQ as a whole and the internal structure of the SHWD, respectively.

Underground Injection Control (UIC) permits for hazardous wastes are issued by the DEQ’s Water Quality Division (WQD) , under authority of its previously

- approved UIC program.

Technical, legal, and administrative assistance are obtained from numerous other entities to allow for the efficient implementation of the State's hazardous waste program. The SHWD coordinates

the input provided by the various entities described below. The description includes each entity’s respective role in assisting the SHWD.

B. DEQ Water Quality Division (WQD)

The WQD implements that portion of the RCRA hazardous waste program dealing with the underground injection of hazardous wastes. The Division has an EPA

- approved UIC program, and UIC permitting for hazardous wastes is covered under that approved program.

The WQD laboratory is also available to analyze surface water, ground water, and liquid waste samples. The laboratory does not have the capability to analyze sludges or solids. Should the State program have a need to analyze sludges or solids, either a contract laboratory or consultant will be used.3

C. DEQ Administrati on Divis ion

The Administration Division provides financial management services to the SHWD. Grant management and reporting, financial management of any contracts, procurement, maintenance of time sheets, and other fiscal management matters are handled by this Di vision.

D. DEQ Air Quality Division (AQD)

In any permitting issue involving any facility for the combustion of hazardous wastes, the SHWD will seek technical advice from the Air Quality Division (AQD) ; however, no hazardous waste incinerators are permi tted in Wyoming. The AQD will retain its historic permitting requirements for combustion facilities, and will also provide technical assistance to the SHWD for purposes of review of State hazardous waste permit applications.

E. Wyoming Attorney General

The Attorney General has assigned an Assistant Attorney General to work with the SHWD. The Assistant Attorney General provides legal advice to the Division concerning specific points of law and rules being proposed by the Division, and assists th e Division in the preparation of enforcement case files. The Assistant Attorney General also serves as counsel to the Division in any contested case before

the EQC , and before the District and Supreme Court in any civil enforcement action.

F. Wyoming Department of Transportation

The Wyoming Highway Patrol, a division of the Wyoming Department of Transportation, enforces US Department of Transportation hazardous materials transport rules in the State. Although DEQ has jurisdiction over, and enforcement responsibility for, hazardous waste transportation, it is expected that the primary inspection/enforcement of transportation activities will remain with the Wyoming Highway Patrol. Coordination with the Wyoming Highway Patrol currently occurs o n an as needed, case

- by

- case basis

.



### IV. STAFFING, PROGRAM IMPLEMENTATION, AND FUNDING

RESOURCES

A. Staffing Resources

The SHWD has a total of 43 personnel positions. Nine of these positions are assigned to projects directly related to RCRA and are funded by the RCRA Subtitle C grant, hazardous waste permitting fees and State general funds. The SHWD will not need to add any new permit writers , corrective action staff or inspectors as a result of the requirements in this reauthorization application.

Within the SHWD, all positions listed conduct work for the Hazardous Waste Program. The positions comprise a total of 9 FTE's. The following staff resources are expected to be available to implement the State’s authorized hazardous waste program:

 Administrator: M anages and directs the SHWD’s hazardous waste program activities, establishes policies, procedures, and requirements for the program, reviews and approves permits, closure plans, facility work plans, enforcement actions, and other

program work products.4  Management Assistant: P rovides supporting services to the SHWD, including file management, information system management, and other administrative services.

 Hazardous Waste Permits and Corrective Action (HWPCA) Program Manager: Supervis es the hazardous waste permits and corrective action program staff, establishes staff work assignments, reviews staff work products to assure acceptable quality levels are maintained, manages hazardous waste rulemaking and program authorization activities, ensures staff has proper training, tracks and manages the hazardous waste program budget, negotiates the annual State/EPA Performance Partnership Agreement (PPA) workplan, and ensures PPA workplan commitments are carried out.

 Hazardous Waste Permits and Corrective Action Program Supervisor: Supervises the hazardous waste permits and corrective action program staff in field office, reviews field office staff work products to assure quality levels are maintained.

 Solid and Hazardous Waste Inspection and Compliance (I&C) Program Manager: Manages the inspection and enforcement work of the SHWD. Supervises the inspection/enforcement work teams. Ensures that inspections are conducted using the proper guidance and procedures, that inspection reports are wri tten and issued within the time periods specified in the Memorandum of Agreement, and that case development and case preparation activities are well

- documented and clearly supported by evidence. Prepares enforcement referrals and participates in enforceme nt actions.

 Hazardous Waste Program Principal: Serves as lead staff for either permitting or

corrective action. Conduct s permit reviews, and site characterization/ remediation work plan and report reviews. Staff has education, training, and experience in one or more of the following areas: environmental engineering, toxicology, geology, hydrology, or other field related to the control of hazardous wastes. One hazardous waste program principal is designated to serve as the staff person primarily respon sible for rule development and ongoing hazardous waste program authorization activities.

 Hazardous Waste Senior Analyst: Serves as supporting staff for either permitting or corrective action. Conducts permit reviews, and site characterization/ remediati on work plan and report reviews. Staff has education, training, and experience in one or more of the following areas: environmental engineering, toxicology, geology, hydrology, or

other field related to the control of hazardous wastes.

 Solid and Hazardous Waste Inspection and Enforcement Program Principal: Serves as lead staff for inspection teams. Conducts inspections, ensures compliance and applies enforcement for solid and hazardous waste facilities. Staff has education, training, and experi ence in one or more of the following areas: environmental engineering, toxicology, geology, hydrology, or other field related to the control of hazardous wastes.

 Solid and Hazardous Waste Inspection and Enforcement Senior Analyst: Serves as supporting s taff for inspections and compliance. Conducts inspections, ensures compliance and applies enforcement for solid and hazardous waste facilities. Staff has education, training, and experience in one or more of the following areas: environmental engineering , toxicology, geology, hydrology, or other field related to the

control of hazardous wastes.5

B. Program Implementation

Currently, the Program is regulating 3463 generators (including conditionally exempt small quantity (CESQG), small quantity and large quantity generators, based on information in RCRA Info), 120 transporters and 9 closed/operating Treatment, Storage and Disposal (TSD) baseline facilities. This total is based on the known number of generators currently listed in RCRAInfo (See Table 1

- 1), and an

estimated number of non

- notifier (NN) hazardous waste and used oil generators. The NN portion of the

400 total number was obtained by reviewing current State Department of Audit business listing records.

There has been an increase in the nu mber of generators/used oil handlers since the 1997 State program description addendum because of the increase in oil and gas related businesses and the overall increase in oil and gas production in Wyoming.

C. Funding Resources

Funding for the State program is derived from an annual RCRA Section 3011 grant in the amount of $ 403,846

. This grant is matched with $ 477,121 from State general funds and from hazardous waste permitting fees. If Federal resources are not available at this level, the program will operate at a level not

less than that which is commensurate with available Federal funding.



### V. STATE PROCEDURES, PERMITTING PROGRAM AND

COORDINATION WITH OTHER AGENCIES AND PERMITTING

A. Regulatory Development

The procedures for amending State regulations are specified in Wyoming’s Administrative

Procedures Act. T he HWRR are drafted by WDEQ staff and then approved by the WDEQ Director for

submittal to the WWAB (which requires public notice and public participat ion). After approval by the

WWAB , the proposed rules are then sent to the Governor for approval prior to scheduling a hearing

before the EQC . A second public notice period is conducted prior to the EQC meeting. If the revised rules are approved by the E QC the approved rules must be filed with the Wyoming Secretary of State

within 75 days of adoption by the EQC , or the rules are invalid.

B. Notification of Hazardous Waste Activity

Any person who intends to generate, transport, treat, store, recycle or dispose of hazardous waste must notify the DEQ. The proper procedure is to use a Notification of Hazardous Waste Activity form,

EPA Form # 8700

- 12.

The information on the form is entered into the RCRAInfo system when the DEQ receives the completed N otification of Hazardous Waste Activity form. RCRAInfo is a F ederal database. Quality assurance checks on the information are then conducted by staff. Finally, the permanent identification number is issued by the DEQ in accordance with the RCRAInfo Memo randum of Understanding (MOU) between Wyoming and EPA. The entire Notification of Hazardous Waste Activity process takes approximately one day to complete.

C. Manifest Tracking System

The State has adopted the uniform national hazardous waste manifest system, and consequently6

its program is consistent with the F ederal hazardous waste program as required under 40 CFR 271.4(c).

The SHWD has adopted the uniform national manifest (HWRR C hapter 1, Section 262(a)(iii)). The manifest required is EPA Form 8700

- 22, revised March, 2005 and it includes the waste minimization statement required of large and small quantity generators. Generators are not required to submit a copy of the manifest to the State, but must maintain copies so that SHWD inspectors can view them during site inspections.

During inspections, the SHWD checks for manifest discrepancies and whether any manifest copies were not received from the designated facility

- within 35 days for small quantity generators and 45 days for large quantity generators. If the manifest copies were not received, the required exception reporting must be followed. Exception reports, including a copy of the manifest, are required to be filed

for l arge quantity generators.

D. Coordination of Information Regarding Interstate and International Shipments

As part of this Program Addendum, the SHWD has adopted the counterpart requirements found

in the F ederal rules regarding approved approaches to notifying the EPA of an intended export/import of hazardous waste and the required special manifest requirements. These requirements are found in Chapter 1, Section 262(a)(iii) of the State’s HWRR.

E. Permitting

1. Permit applications

Pre

- applica tion requirements are provided in 40 CFR Part 124, Subpart B, as incorporated by

reference in Chapter 1, Section 124(a) of the HWRR. The required contents of a permit application are

described in 40 CFR Part 270, Subpart B, as incorporated by reference in Chapter 1, Section 270 of the State’s HWRR. The State has not issued guidance regarding the application process.

2. Permit application review process

The per mit application review process and timelines are presented in Chapter 1, Section 124(b) of the State’s HWRR. The Hazardous Waste Program staff review permit applications.

3. Permit application completeness review

The procedures for the completeness review of an application, required notice to the applicant of a deficient application and recourse if the applicant fails to address the deficiencies are presented in Chapter 1, Section 124(b)(ii) of the State’s HWRR.

4. Draft permit

Chapter 1, Section 124 (b)(v) of the HWRR describes the required content of the draft permit,

statement of basis and the preparation of a fact sheet. Permits are to include the information required under Section 270(c) and the applicable portions of Section 270(d). Hazardous Waste Program personnel write the draft permits.

In addition to following Section 270 of the HWRR, the State can provide a permittee the ability to enter their site into the Voluntary Remediation Program (VRP) in order to conduct corrective action at the7

site. Section VI. A of the Memorandum of Agreemen t between the State and EPA Region 8 describes the State’s use of the VRP as one means of streamlining the corrective action process.

The HWPCA Program Manager ensures that the assigned Inspection & Compliance (I&C) Program Manager is provided the oppor tunity to review and provide comments on draft and final permits in an agreed

- upon time frame.

5. Public Participation

The procedures the State must follow for public notice, public participation, and public hearing procedures are presented in Chapter 1, Subsections 124(d) and 124(e). Chapter III of the DEQ’s Rules of Practice and Procedure are specifically cited in subse ction 124(e) as providing guidance regarding how to conduct a public hearing. Chapter III of the Rules of Practice and Procedure is included

as Attachment A

.

6. Permit modification, renewal, revocation and reissuance, and termination

Procedures for permit modification, renewal, permit revocation and reissuance, and permit termination are contained in Chapter 1, Section 124(c) of the HWRR.

7. Interaction with enforcement personnel

The Hazardous Waste permitting staff members are the prima ry point of contact for all

hazardous waste TSD facilities. The HWPCA Program Manager ensures that the I&C Program Manager is made aware of developments at each permitted site; is copied on related correspondence; and in general is aware of current and pending issues at the site. On applicable correspondence, Hazardous Waste staff will hard copy by routing through th e I&C Program Manager to the site file or will email a copy to the

I&C Program M anager

.

The HWPCA Program Manager will consult with the I&C Program Manager in the case of corrective action orders and consent decrees used to regulate cleanup activities to ensure that the I&C Program Manager is provided an opportunity to review the draft order or consent decree.

The I&C Program Manager conducts inspections of Hazardous Waste regulated facilities. The

HWPCA Program Manager may accompany I&C program staff on Hazardous Waste facility inspections.

The I&C Program Manager will notify the HWPCA Program Manager prior to an upcoming inspection using email or e

- appointment.

The I&C Program M anager evaluates permitted facility compliance with regul atory requirements and permits and prepares inspection reports documenting inspection activities and conducts sampling as necessary to support inspection and complaint activities. For enforcement actions at hazardous waste facilities, I&C will keep the HWP CA Program Manager informed of response and

settlement actions.

8. Routine review of facility operations

Chapter 1, Sections 264(f) and 265(c)(i) of the HWRR establishes requirements for closure and post

- closure financial assurance, standards for verifying financial assurance instruments and annual review and adjustment of the level of financial assurance posted. I&C staff reviews the Biennial Rep orting Form data for LQGs and TSDs every other year. (See section V.G. below). The Hazardous8

Waste Permitting and Corrective Action group reviews annual reports submitted per the requirements of the permits.

9. Reports and information required from the State

Section VIII.A of the Memorandum of Agreement between the State and EPA Region 8 enumerates the reports and information that will be maintained and /or submitted to the EPA and the frequency of these submissions.

10. Other types of permits

With the exception of emergency permits, t he State has not issued any other types of permits as addressed in 40 CFR 270, Subpart F.

11. Joint permitting

The State is not involved in any joint permitting activities with EPA

F. Interim Facility Status

Interim s tatus standards and procedures are provided in Chapter 1, Sections 265 and 270 of the State’s HWRR. Chapter 1, Section 270(a)(iii) also contains the requirements for post

- closure for facilities

that obtain enforceable documents in lieu of post

- closure permits.

G. Biennial Reporting

The State’s established procedures for processing and reviewing B iennial R eports are:

 A current and up

- to

- date list of treatment, storage and disposal facilities and large quantity

generators are obtain ed from RCRAInfo and mailing addresses are obtained with the listing. A hard copy and electronic copy of the current Biennial Reporting form , including directions in the cover letter, is then sent to all on the list

.

 Upon receiving the reports, the data from the report is logged into a database and that data is then submitted to EPA and entered into RCRAInfo in accordance with protocols and schedules established by EPA headquarters.

H. Enforcement

– General Inspections The procedures provided in Section 6.0 of the 1995 PD are still applicable in 2015 ; h owever, there are a few minor exceptions. As part of the Routine Inspections discussion in Section 6.1 of the 1995 PD, TSDs continue to be inspected at least once per year. However, inspections are scheduled for a higher percentage of LQGs, SQGs, CESQGs, transporters, and used oil handlers, as resources allow. All hazardous waste and used oil inspection types are negotiated during development of the annual Performance Partnership Agreement (PPA). The State is using an inspection checklist developed by the State for all routine inspections of hazardous waste and used oil handler types to ensure compliance with

the State and F ederal rules. In addition, the SHWD Administrator no longer reviews an inspection report with violations noted. These types of reports are now reviewed by the lead inspector and I&CP rogram
M anager . The types of routine inspections also include Focused Co mpliance Inspections. In addition,

data is entered into RCRAInfo.

The reference in Section 6.3 of the 1995 PD indicating that the State conducts a prompt9

investigation of any citizen complaint is now modified to clarify that it must be a written compla int as provided in W.S. 35

- 11

- 701(a). The State makes every effort to respond promptly to all complaint types.

T he information presented in Section 6.8 of the 1995 PD continues to be correct ; h owever there are several differences with regard to the curr ent implementation of the State program. The first of these is that the agreement regarding how the State will assure the implementation of compliance is now contained in Section VII of the Memorandum of Agreement between the State and EPA Region 8. The

S tate now uses a Letter of Violation in addition to the possible issuance of a Warning Letter and formal enforcement actions can be and are frequently taken, but are not always taken as is implied in Section 6.8. The development of an appropriate penalty l evel is calculated not only based on RCRA civil policy, but is also guided by existing State statutes.

The State’s penalty policy is now found in Section VII. A of the Memorandum of Agreement between the State and EPA Region 8.

Section 6.10 of the 1995 PD describes an enforcement tracking system. The State is now using RCRAInfo to track violations that have been issued. In addition, each I&C staff person is responsible for keeping track of the status of the violations they have issued.

I. Groundwate r Monitoring Inspections

Operation & Maintenance (O&M) or groundwater monitoring inspections are conducted at each TSD approximately every 3

- 4 years, in addition to the regular inspections which are conducted one to two times every year. The EPA O& M guidance and checklists are used to evaluate and ensure compliance with the State HWRR groundwater monitoring requirements.

J. Waste Minimization/Pollution Prevention Program

In keeping with §3002 of RCRA (and in addition to EPA requirements), the State requires generators to identify in their B iennial R eports of hazardous waste activities

, the efforts they have undertaken to reduce volume and toxicity of waste generated and the reductions in volume and toxicity that have actually been achieved. Mo reover, generators are required to certify on their manifests that they have a waste reduction program in place to reduce the volume or toxicity of waste as far as economically practicable.

Personnel from the SHWD evaluate waste minimization/pollution prevention activities. Current activities are focused on encouraging source reduction/recycling of the most persistent, bio

- accumulative, and toxic (PBT) chemicals designated by EPA. In addition, waste minimization/pollution prevention information is pro vided at all I&C inspections. Other activities the program undertakes in support of Pollution Prevention/Waste minimization include considering the use of Supplemental Environmental Projects (SEPs) as an element of settlement agreements for enforcement ac tions.

K. Availability of Information Procedures

Per the MOA with the EPA, the SHWD makes information about treatment, storage, and disposal facilities available to the public in accordance with Wyoming Statutes 35

- 11

- 1101 and 16

- 4

- 201 et seq.

The DEQ's files are public records. The scope of information allowed to be restricted for release under the Wyoming Public Records Act is substantially the same as under the Federal Freedom of Information

Act.

If a request for information is denied, the req uestor must be provided the basis for the denial and10

notified of state appeal procedures, including statutes of limitations. W.S. 16

- 4

- 203(e) provides that in the event a request for information is denied, the applicant for the information may request a w ritten statement of the grounds for denial. The statute requires the custodian of the record to provide the applicant with the citation to the law or regulation that is the basis for denial of the release of information.

Because the statute only require s that the applicant be supplied with the basis for denial of the release of information when requested, and not in every case, the DEQ has committed in the Memorandum of Agreement to supply this information each time a request is denied. The DEQ has also agreed to notify the requestor of the appeal procedures. There is no statute of limitations to appeal the decision to deny release of information. There are no administrative appeal procedures under Wyoming's Public Records Act. Denial of access to a p ublic record by the custodian of the record is an action that is appealable to district court, as provided in W.S. 16

- 4

- 203(f). There is no administrative appeal required as a condition of obtaining district court review of a decision to deny access to a public record

L. Appeal Procedures

Orders Orders can be appealed to the EQC . Appealed Orders are stayed pending the results of a contested case hearing before the EQC . There is no statutory time period in which the EQC must hold the contested case hearing, but the Department attempts to schedule these hearings as quickly as possible. In most cases, the EQC designates a hearing examiner who handles all matters related to the case up until the hearing. The hearing is he ld in front of a quorum of the EQC , and the final decision is made at the hearing. Final decisions of the EQC are binding on the Department, but the violator may appeal an

adverse decision to state District Court. W.S. 35

- 11

- 701(c)(ii) provides that admi nistrative orders are considered final orders unless appealed to the EQC within ten d ays after the order is served.

Permits Sections 124(b)(v), 124(c)(ii), 124(d)(iv), and 124(f) of the HWRR contain the administrative procedures that must be followed for appeals of draft permits, denials of requests for modification, revocation, reissuance, or termination of permits, and appea ls of final operating permits or permit conditions. Permit appeals procedures also follow the Wyoming Administrative Procedures Act and W.S

35

- 11

- 112(a)(iii). If the application is determined to be deficient, the Director issues a notice of intent to

de ny the permit, as specified in HWRR Section 124(b)(ii). In like fashion, notices of intent to deny are available for public comment, and contain a notice of the opportunity for a public hearing. If an appeal to a notice of intent to deny is received, the appeal is first heard by the EQC , and then by the District Court,

in accord ance with the Wyoming Administrative Procedures Act. Any appeals of the Director's final permit must be filed with District Court within 30 days of the issuance of the final permi t.



### VI. COMPLIANCE TRACKING AND ENFORCEMENT

A. Identification of Members of the Regulated Community

Wyoming’s hazardous waste regulatory program has reached a mature phase of development. The core of the universe of facilities that require permits has long since been identified through the initial

notification and call

- in process. The estimated types and numbers of regulated activities have been provided in Section VII.

Additional facilities that are required to obtain a permit or notify of reg ulated waste activity are identified through a system of voluntary notification by the facility and review of reports of hazardous waste activities. Facilities may be required to obtain permits as a result of their handling wastes that are11

newly identifie d. Newly promulgated regulations are publicized through rule making notices so the regulated community is made aware they may be required to notify the DEQ of their activities.

There are different strategies followed in identifying new generators and tr ansporters. The general strategy involves comparing the names of generators obtained from various sources with those listed in agency records. The following sources are used in identifying companies or individuals that have not been previously identified :

• Use most current EPA RCRAInfo Notifier list to target specific notifier facilities.

• Information received from other State agencies (Motor Vehicles Administration, Department of Natural Resources, Department of Agriculture, etc.) as to their knowledge of companies that generate hazardous waste.

• Review ‘yellow pages’ of local ph one books for potential notifier candidate inspections.

• Identify potential violator facilities for inspection resulting from ‘drive bys’ in local areas.

The State identifies non

- notifiers through a strategy similar to the one used to identify newl y regulated handlers as described above.

B. Inspections and Analysis Workload

1. Types of inspections needed to monitor compliance with new program activities

.

The State has not had to implement any different types of inspection or address different technical aspects of these inspect ions as a result of the IBR HWRR

.

2. Additional sampling and analysis needed to monitor compliance with new program activities.

The State has not had to employ additional sampling and analysis in order to implement the IBR

HWRR

.

3. Impact on compliance monitoring of existing program.

The State has not had to employ additional compliance monitoring in order to implement the IBR

HWRR.

C. Data Management Systems

The adoption of the regulations identified in this PD for the program revision application will not alter how data is managed. Currently, inspection data is entered in

- house into the RCRAInfo database and reports are generated monthly for assessing program goals. The DEQ issues an EPA identification

number to each generator and TSD facility. The DEQ assures that information associated with each identification number issued is entered into RCRAInfo. Data from RCRA facility inspections pertaining to evaluations, violations, and enforcement actions are entere d weekly into the RCRAInfo database and kept current. The DEQ performs QA/QC on RCRAInfo information to ensure the utmost accuracy of the

data.

Wyoming identifies and reports to EPA on significant non

- compliers (SNCs). SNCs are those

facilities that h ave caused actual exposure or a substantial likelihood of exposure to hazardous waste12

constituents; are chronic or recalcitrant violators; or that deviate substantially from the terms of a permit, order, agreement, or from RCRA statutory or regulatory requ irements. Environmental impact alone is sufficient to cause a facility to be a SNC, particularly when the environmental media affected require special protection (e.g. wetlands or sources of underground drinking water).

D. Compliance Monitoring Resources

1. Additional resources required to implement compliance monitoring of new program activities.

a. Increased technical expertise

The State has not found it necessary to acquire increased technical expertise in order to implement the new IBR HWRR

.

b. Additional laboratory support

The State has not found it necessary to acquire additional laboratory support in order to implement the new IBR HWRR

.

2. Level and mix of resources that the State has available to handle new responsibilities

a. Plans for tr aining staff

The State provides training to staff pertaining to 40

- hour Hazardous Waste Operations and Emergency Response and the annual 8

- hour Hazardous Waste OSHA refresher training, and other current technical issues and professional development (leadership and supe rvisory).

b. Plans for hiring additional staff

The State has not found it necessary to hire additional staff in order to implement the new IBR

HWRR.

c. Agreements with other State agencies

The State has not found it necessary to create new agreements with other State agencies in order to implement the new IBR HWRR

.

d. State plans to use contractor assistance

The State has and will continue to use technical consultants' assistance, as appropriate. Although DEQ qualifies, chooses, and contracts with consultants, the hazardous waste facilities reimburse the DEQ

for costs incurred.

E. Enforcement Process

1. Enforcement procedures

Enforcement procedures are addressed under Section V. H. of this PD.

2. Enforcement of Corrective Action Conditions Outlined in Operating and Post

Closure Permits and Administrative Orders.13

The I&C staff conduct inspections for compliance with CA/Orders and permit conditions at the request of each HWPCA Program M anager

.

3. Penalties and violations

The State has not revised the types of violations that can be enforced or the associated penalties as a result of the adoption of the IBR HWRR.

4. Time frames for enforcement actions

The State does not have a statute of limitations for enforcement actions.

5. Enforcemen t resources

Enforcement resources are addressed under Section IV. A of this PD.

6. Enforcement agreements

The State and EPA have agreed on the details of Compliance Assurance and the elements of this agreement are presented in Section VII of the MOA between the EPA and the State.14



### VII. ESTIMATED REGULATED ACTIVITIES

The estimated types and numbers of regulated activities provided in this section have been

extracted from EPA’s RCRAInfo database.

Table 1

- 1. Regulated RCRA Activities as of 2/20/2015

Permit Status

Activity Type State

Interim

Status Units State Permit ted Units

Total

Non

- notifier

Generators na na * 400

Used Oil Handlers na na? 2100

LQG na na 26

SQG na na 166

CESQG na na 639

Transporters na na 120

Storage On

- Site na 1 1

Storage Off

- Site 0 0 0

Treatment On

- Site na 2 2

Treatment Off

- Site 0 0 0

Disposal On

- Site 2 7 9

Disposal Off

- Site 0 0 0

Burners and

Blenders na na na
Totals 2 10 3463

*This total number includes all those currently listed in RCRAInfo and also includes an estimate of

the total number of non

- notifier facilities using other State Department of Audit business listing

records.15

Table 1

- 2. Type and Quantities of Hazardous Waste Generated and Transported in 2013

Data on the annual quantities of hazardous waste provided in this section have been extracted from Wyoming’s 2013 Biennial Report Data. These data represent 2013 calendar year waste generation rates for Wyoming’s industries.

Activity 2013 Quantities, tons

Generated in the State 3,564

Transported

Into the State 0

Out of the State 3,564

Stored, Treated, Disposed in the State

On

- site 0

Off

- site 016



### VIII. COPIES OF STATE FORMS

The State uses the following Federal forms:

 RCRA Subtitle C Site Identification Form (Notification of Hazardous Waste Activity

– EPA Form 8700

- 12, J anuary 2015 (Expires 1/31/2017),

 Hazardous Waste Report

– EPA Form 8700

- 13A/ B, January 2015 (Expires 1/31/2017)

,

 RCRA Hazardous Waste Part A Permit Application Form

– EPA Form 8700

- 23, January 2015 (Expires 1/31/2017)

, and

 Uniform Hazardous Waste Manifest, EPA Form 8700

- 22, revised March 2005

.17



### IX. FIGURES18

Figure 1

– WDEQ Organizational Chart.19

Figure 2

– Solid and Hazardous Waste Division Organizational Chart.1

ATTACHMENT A. CHAPTER III , RULES OF PRACTICE AND PROCEDURE APPLICABLE

TO RULE

- MAKING HEARINGS OR HEARINGS BY AN ADMINISTRATOR OF A DIVISION OF DEQ

CHAPTER III

RULES OF PRACTICE AND PROCEDURE APPLICABLE TO RULE

- MAKING HEARINGS OR

HEARINGS BY AN ADMINISTRATOR OF A DIVISION OF DEQ

Section 1. Except as otherwise directed by the Council, the provisions of the Rules contained in this Chapter (III), (Sections 1 et seq.), shall govern:

(a) Any hearings conducted pursuant to a petition (within the meaning of W.S. 9

- 4

- 106) for the promul gation, amendment, or repeal of any rules (as defined in W.S. 9

- 4

- 101(a)(vii)).

(b) Any hearings conducted pursuant to W.S. 9

- 4

- 103 for the promulgation of rules and regulations recommended by the Director or Administrator.

(c) Any hearings by the Admini strator on land, air or water quality or solid waste management permits held because of significant public comment.

(d) Any hearings by the Administrator for a variance under W.S. 35

- 11

- 601, excluding SO2

variances.

(e) Any hearings by the Council to con sider the designation of areas of unique and irreplaceable historical, archaeological, scenic or natural value pursuant to W.S. 35

- 11

- 112(a)(v).

(f) Any informal conference held by the administrator of Land Quality on a permit application.
However, a reco rd shall be made of the conference, unless waived by all parties. Such record shall be maintained and shall be accessible to the parties until final release of the performance bond.

Section 2. Any party may petition the Council to promulgate, amend, or re peal any rule or rules.

(a) Each petition must be submitted in duplicate to the Chairman of the Environmental Quality Council and to the Director of the DEQ.

(b) Except as otherwise provided by the Council, the filing of a petition under this section sha ll not stay the effectiveness of any rule or rules.

(c) After filing of the petition, the Council may hold a prehearing conference to review the petition and its persuasiveness.

(d) As soon as practicable, the Council shall deny the petition in writing (stating its reasons for the denial) or initiate rule

- making procedures.2

(e) Before the adoption, issuance, amendment, or repeal of any rule, or the commencement of any hearing on such proposed rule

- making, the Council shall cause notice to be given in ac cordance with the provisions of W.S. 9

- 4

- 103.

Section 3. Informal Conference.

(a) Any request that the Administrator hold an informal conference on any application for a surface coal mining permit shall briefly state the issues to be discussed, whether t he requester desires the conference to be held in the locality of the proposed mining operation, and whether access to the proposed permit area is desired. If requested, the Administrator may arrange with the applicant to grant parties to

the conference ac cess to the permit area for the purpose of gathering information relative to the conference. The conference shall be held in the locality of the operation or at the state capitol, at the option of the requester, within 20 days after the final date for fili ng objections unless a different period is stipulated to by the parties. If all parties requesting the conference reach agreement and withdraw their request, the conference need not be held.

(b) Where a hearing is requested pursuant to Chapter I, Section 16b, the Council may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if:

(i) All parties to the proceedings have been notified and given an opportunity to

be h eard on a request for temporary relief;

(ii) The person requesting that relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding;

(iii) Such relief will not adversely affect the p ublic health or safety or cause significant imminent environmental harm to land, air or water resources; and

(iv) The relief sought is not the issuance of a permit where a permit has been denied by the Administrator.

Section 4.

(a) The provisions of W.S. 9

- 4

- 107 through 9

- 4

- 112 (relating to the conduct of hearings for contested cases) do not apply to hearings held under this Chapter (III) of these Rules. As a fact

- finding legislative proceeding, each hearing is nonadversary and t here are no formal pleadings or adverse parties. (b) Prior to the adoption, amendment or repeal of any rules, other than interpretive rules or statements of general policy, the DEQ shall publish notice of its intended action, including the date, time and p lace of any hearing, in a newspaper of general circulation in the state, and afford a thirty (30) day public comment period after the last publication. In addition, the council will hold at least one public hearing on the proposed action. All information w ill be received by the council without regard to rules of

evidence.

(c) The hearing is directed to receiving factual evidence and expert opinion testimony relative to the issues in the proceeding.

(d) The Council, upon its own motion or upon the motion o f any party, to promote the orderly presentation of evidence, may adopt one or more of the provisions contained in Chapter II of these Rules governing procedures in contested cases. Such action by the Council shall not constitute an agreement that the proc eeding before the Council is in the nature of a contested case.3

(e) The Council or Administrator may impose time limitations upon oral presentations.

Section 5. Witnesses.

(a) The Council, designated hearing officer, or Administrator may direct that sum maries to the testimony of witnesses be prepared in advance of the hearing. If so directed, copies of such summaries shall be served upon the members of the Council or Administrator or upon any other party as the designated hearing officer may direct.

(b) Witnesses will be permitted to read summaries of their testimony into the record or make other oral statements as they so desire. Witnesses shall not be available for crossexamination, but will be permitted to answer questions directed to them by members of the Council or Administrator.

(c) When necessary to prevent undue prolongation of the hearing, the presiding officer may limit the number of times any witness may testify.

Section 6. Comments.

(a) All timely comments shall be considered by the Council before final action is taken on any proposal to promulgate, amend, or repeal any rule. Late filed comments may be considered so far as possible without incurring additional expenses or delay.

Section 7. Decision.

(a) As soon as practicable after rece ipt of the official transcript or as soon as practicable after the expiration of the time set for the submittal of written comments, the Council or Administrator shall render a written decision on the issues presented at the hearing.ATTACHMENT B : CD CONTAINING .pdf COPY OF MAILING LIST FOR

IBR PUBLIC NOTICEATTACHMENT C: FEDERAL RULES FOR WHICH WYOMING IS NOT SEEKING

AUTHORIZATION

Federal Requirement Federal Register

Reference (Publication Date) Explanation

Amendments to NPDES Program (Revision Checklist 186) 65 FR 30886 (05/15/2000) Does not apply to the RCRA Subtitle C

Program. Excluded from the Wyoming regulations. National Environmental Performance Track Program (Rule 204) 69 FR 21737 (04/22/2004)

The National Performance Track program has

been terminated by EPA. Excluded from the Wyoming regulations. National Environmental Performance Track Program; Corrections (Rule 204.1) 69 FR 62217 (10/25/2004)

Burden Reduction Initiative (Revision Checklist 213); amendments to the following provisions regarding Performance Track: 40 CFR 260.10,
264.15, 264.174, 264.195, 264.1101, 265.15, 265.174, 265.195, 265.201, 265.1101, 270.42(l) and Item O.1 of Appendix I to 270.42. 71 FR 16862 (04/04/2006)

Imports an d Exports of Hazardous Waste: Implementation of OECD Council Decision (HSWA) (Revision Checklist 152) 61 FR 16290 (04/12/1996) These rules are not delegable to States.

Wyoming has adopted the provisions in its incorporation by reference of the Federal

reg ulations and has correctly left the authority to EPA for the implementation and

enforcement of these rules. OECD Requirements; Export Shipments of Spent

Lead

- Acid Batteries (Non

- HSWA) (Revision Checklist 222) 75 FR 1236 (01/08/2010)

Definition of Solid Waste (Revision Checklist 219) 73 FR 64668 (10/30/2008) Because of controversies surrounding this rule,

Wyoming did not adopt the Federal provisions. Note: On January 13, 2015, EPA adopted a new rule for the Definition of Solid Waste (80 FR 1694).
Hazardous Waste Combustors; Revised Standards (HSWA) ( Revision Checklist 168

– 40 CFR 261.4(a)(16) and 261.38 only) 63 FR 33782 (06/19/1998)

These rules were vacated by the U.S. Court of

Appeals for the District of Columbia Circuit (D.C. Cir. No. 98

- 1379 and 08

- 1144, respectively; June 27, 2014). Note: EPA codified the vacatur in the April 8, 2015 FR notice (80 FR 18777). Exclusion of Oil

- Bearing Secondary Materials Processed in a Gasification System to Produce Synthesis Gas ( Revision Checklist 216

– Definition

of “Gasification” at 40 CFR 260.10 and amendment to 40 CFR 261.4(a)(12)(i)) 73 FR 57 (01/02/2008)

Expansion of RCRA Comparable Fuel Exclusion ( Revision Checklist 221

– amendments to 40 CFR 261.4(a)(16) and 261.38) 73 FR 77954 (12/19/2008)

Withdrawal of the Emission Comparable Fuel

Exclusion under RCRA ( Revision Checklist 224

– amendments to 40 CFR 261.4(a)(16) and 261.38) 7 FR 33712 (06/15/2010)ATTACHMENT D: GENERAL CORRESPONDENCE BETWEEN PREVIOUS STATE RULES, CURRENT STATE IBR RULES, AND FEDERAL RULES

EPA Regulation Code

of Federal Regulations (CFR) Previous DEQ

Hazardous Waste Management Rules Current DEQ IB R Hazardous Waste Management Rules Description

PART 124 (except 124.5) Chapter 3, Section 1 Chapter 1, Section 124 (except 124(c)) Administrative Procedures

Section 124.5 Chapter 6, Section 1 Chapter 1, Section 124(c) Modification, Revocation and Reissuance, or Termination of

Permits

PART 260 Chapter 1 Chapter 1, Section 260 General Provisions

PART 261 Chapter 2 Chapter 1, Section 261 Identification and Listing of

Hazardous Waste

PART 262 Chapter 8 Chapter 1, Section 262 Standards Applicable to the

Generators of Hazardous

Wastes

PART 263 Chapter 9 Chapter 1, Section 263 Standards Applicable to the Transporters of Hazardous

Wastes

PART 264 (except Subpart H) Chapter 10 Chapter 1, Section 264 (except 264(f)) Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal

Facilities Who Have a Wyoming

Permit.

PART 265 (except Subpart H) Chapter 11 Chapter 1, Section 264 (except 265(c)) Interim Status Standards for

Owners and Operators of

Hazardous Waste Treatment, Storage, and Disposal

Facilities.

PARTS 264/265, Subparts H Chapter 5 Chapter 1, Section 264(a) and 264(f);

Chapter 1, Section 265(a) and 265(c) Financial Requirements

PART 266 Chapter 12 Chapter 1, Section 266 Standards for the Management of Specific

Hazardous Wastes and Specific Types of Hazardous

Waste Management

Facilities

PART 267 Not Applicable Chapter 1, Section 267 Standards for Owners and Operators

of Hazardous Waste Facilities Under

a Standardized Permit

PART 268 Chapter 13 Chapter 1, Section 268 Land Disposal Restrictions

PART 270, Subpart A Chapter 1, Section (h)

- (j) Chapter 1, Section 270(a) and 270(a)(i)

– (a)(v) Permit Program

– General

InformationATTACHMENT D: GENERAL CORRESPONDENCE BETWEEN PREVIOUS STATE RULES, CURRENT STATE IBR RULES, AND FEDERAL RULES

EPA Regulation Code

of Federal Regulations (CFR) Previous DEQ

Hazardous Waste Management Rules Current DEQ IB R Hazardous Waste Management Rules Description

PART 270, Subpart B Chapter 3, Section 2 Chapter 1, Section 270(a), 270(a)(i) and 270(a)(vi)

– (a)(xvii), 270(c), 270(d), 270(j) and 270(k) Permit Application

PART 270, Subpart C Chapter 4, Section 1 Chapter 1, Section 270(a), 270(a)(i), 270(a)(xviii), and 270(e) Permit Conditions

PART 270, Subpart D Chapter 6, Section 2 Chapter 1, Section 270(a), 270(a)(xix), 270(a)(xx), 270(b) and 270(f) Changes to Permits

PART 270, Subpart E Chapter 4, Section 2 Chapter 1, Section 270(a) Expiration and Continuation of

Permits

PART 270, Subpart F Chapter 7 Chapter 1, Section 270(a) Special Forms of Permits

PART 270, Subpart G Chapter 11, Section 2 Chapter 1, Section 270(a), 270(a)(i), and 270(h) Interim Status

PART 273 Chapter 14 Chapter 1, Section 273 Standards for Universal Waste Management

PART 279 Chapter 12 Chapter 1, Section 279 Management Standards for Used OilATTACHMENT E: GENERAL CORRESPONDENCE BETWEEN PREVIOUS STATE RULES, CURRENT STATE IBR RULES AND FEDERAL STATUTES

Section of RCRA Previous DEQ

Hazardous Waste Management Rules Current IBR Hazardous Waste Management Rules Description

RCRA § 3004(v) Chapter 10,

Section 6(l)(iii) Chapter 1, Section 264(j) Corrective Action Beyond Facility Boundary
RCRA § 3005(c)(3) Chapter 4,

Section 2(a)(v) Chapter 1, Section 270(g) Permit Issuance

RCRA § 3005(j)(1), (6), and (7)(B) Chapter 10,

Section 10(b)(x)

- (xii) Chapter 1, Section 265(g) Interim Status Surface Impoundments

RCRA § 3008(h) Chapter 11,

Section 8(f) Chapter 1, Section 270(o) Interim Status Corrective Action

RCRA § 3013 Chapter 1,

Section 1(l) Chapter 1, Section 270(q) Monitoring, Analysis, and Testing

RCRA § 7003(a) Chapter 1,

Section 1(k) Chapter 1, Section 270(p) Imminent Hazard