Page 1 of 3

WYIBRHWRRC1_260_IBR Checklist_Part150522adt_revised_clean.docx
[Printed: 5/13/15] WYOMING CONSOLIDATED CHECKLIST C1 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL 40 CFR Part 260 as of January 31, 2014

Name of State: Wyoming

State Statutory Authority: W.S. 35-11-101 et seq.

Title of Regulations: Chapter 1, "General Provisions"

Effective Date: March 18, 2015

Date Checklist Completed: February 13, 2015; Revised May 22, 2015

STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE
CITATION EQUIVALENT LESS
STRINGENT MORE
STRINGENT BROADER IN
SCOPE

HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL 40 CFR Part 260 (subject to exceptions and modifications below) §260(a) X

Interpretive Comment: At §260(a), Wyoming incorporates by reference 40 CFR Part 260, except for the following provisions: 260.2, 260.10 (definitions of "P erformance Track member facility", "remediation waste management site", and the third part of the definition for "facility"), 260.20(d) and (e), and the October 30, 2008 Definition of Solid Waste, (73 FR 62668).
Changes associated with 73 FR 62668; October 30, 2008; Definition of Solid Waste 260,10, 260.30 and 260.33 changes 260.34 260.42 260.43 No State analog (see §260(a)) X

Interpretive Comment: Wyoming has not adopted the Federal provisions addressing the definition of solid waste which excludes from the definition of hazardous waste, hazardous secondary materials which meet certain requirements. By not adopting the provisions, Wyoming is more stringent.

Definitions 260.10 “existing hazardous waste management (HWM) facility” or “existing facility” §260(a)(ii) X

Interpretive Comment: At §260(a)(ii), Wyoming has adopted a restructured verbatim analog to the Federal definition to make the definition clearer to the regulated community.

Definitions 260.10 “existing tank system” or “existing component” §260(a)(iii) XWYOMING CONSOLIDATED CHECKLIST C1 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL 40 CFR Part 260 as of January 31, 2014

Page 2 of 3

WYIBRHWRRC1_260_IBR Checklist_Part150522adt_revised_clean.docx
[Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE
CITATION EQUIVALENT LESS
STRINGENT MORE
STRINGENT BROADER IN
SCOPE Interpretive Comment: At §260(a)(iii), Wyoming has clarifying language related to the definition of "existing tank system" or "existing component" to be consistent with the definitions for "HWSA tanks" and "non-HSWA tanks" included in §4.

Definitions 260.10 the third part of the definition of “facility”; “remediation waste management site” No State analog (See §260(a)) X

Interpretive Comment: At §260(a) Wyoming excepts t he definition of "remediation waste management site", and the third part of the definition for "facility" from the IBR. This makes Wyoming more stringent for the definitions "facility" and "remediation waste management site" because facilities not subject to 40 CFR 264.101 are not eligible for the less stringent management standards of the Corrective Action Management Unit (CAMU) program.

Definitions 260.10 “hazardous waste constituent” §260(a) and §260(a)(i) X

Interpretive Comment: At §260(a)(i) in the definition of "hazardous waste constituent" Wyoming excepts from the blanket substitution of terms found in §3 the te rm "Administrator" in order to properly leave authority for Federal-only functions with the Federal program. Additionally, Wyoming states that the term "Hazardous waste constituent" shall be a constituent that caused the Administrator of the United States Environmental Protection Agency to list the hazardous waste in part 261, Subpart D, or a constituent listed in Table 1 of 40 CFR 261.24.

Definitions 260.10 “new tank system” or “new tank component” §260(a) and §260(a)(iv) X

Interpretive Comment: In §260(a)(iv), Wyoming has clarifying language related to the definition of “new tank system" or "new tank component" to be consistent wi th the definitions for "HWSA tanks" and "non-HSWA tanks" included in §4.

Definitions 260.10 “Performance Track member facility” No State analog (See §260(a)) NA

Interpretive Comment: Wyoming excepts the definition of “Performance Track member” from the incorporation by reference because EPA has terminated the Performance Track program.
Rulemaking Petition 260.20, 260.20(a), 260.20(b), and 260.20(c) §260(b) XWYOMING CONSOLIDATED CHECKLIST C1 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL 40 CFR Part 260 as of January 31, 2014

Page 3 of 3

WYIBRHWRRC1_260_IBR Checklist_Part150522adt_revised_clean.docx
[Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE
CITATION EQUIVALENT LESS
STRINGENT MORE
STRINGENT BROADER IN
SCOPE Interpretive Comment: Wyoming has retained State-specific language in §§260(b)(i), 260(b)(ii), and 260(b)(iii) with respect to petitions for rule-making in proper accordance with State statute W.S. 16-3-106, and Chapter 3, Section 2 of the DEQ's Rules of Practice and Procedure. Note that Wyoming excluded 40 CFR 260.20(d) & (e) from the incorporation by reference because the State subjects rulemaking petitions to the State procedures.

ADDITIONAL WYOMING PROVISIONS
Incorporation by Reference No analog in 40 CFR Part 260 §2 See interpretive comment below.

Interpretive Comment: This section addresses the date of the Federal regulations that are incorporated by reference in the Wyoming regulations. The Section also addresses Federal provisions explicitly excluded from the State’s rules, the State’s more stringent and broader in scope provisions, as well as the availability of all referenced Federal and Wyoming materials.

Substitution of State Terms for Federal Terms No analog in 40 CFR Part 260 §3 See interpretive comment below.

Interpretive Comment: This section addresses the substitution of state terms for federal terms in order to make the federal regulations incorporated by reference specific to Wyoming.
Wyoming Definitions No analogs in 40 CFR Part 260 §4 See interpretive comment below.

Interpretive Comment: The Wyoming regulations include several provisions that are not found in the federal regulations, but which are needed to provide additional clarity to the State’s regulations. For example, Wyoming adopts definitions intended to help dist inguish between HSWA and non-HSWA tanks and drip pads which are regulated primarily under 40 CFR 264/265.193 for tanks and 264.570/265.440 for drip pads.

Notes: "DEQ" = Wyoming Department of Environmental Quality "IBR" = Incorporation By ReferencePage 1 of 3

WYIBRHWRRC2_261_IBR Checklist_Part150522_revised_clean.docx
[Printed: 5/13/15] WYOMING CONSOLIDATED CHECKLIST C2 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 40 CFR Part 261 as of January 31, 2014

Name of State: Wyoming

State Statutory Authority: W.S. 35-11-101 et seq.

Title of Regulations: Chapter 1, "General Provisions"

Effective Date: March 18, 2015

Date Checklist Completed: February 13, 2015; Revised May 22, 2015

STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE
CITATION EQUIVALENT LESS
STRINGENT MORE
STRINGENT BROADER IN
SCOPE

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 40 CFR Part 261, (subject to exceptions and modifications below) §261(a) X

Interpretive Comment: At §261(a), Wyoming incorporates by reference 40 CFR Part 261, except for the following provisions: 261.4(b)(11), 261.4(b)(16), 261.4(b)(17), Subpart H, Appendix IX, the language “in the Region where the sample is collected” in 40 CFR 261.4(e)(3)(iii), and the changes associated with 73 FR 62668; October 30, 2008; Definition of Solid Waste.

Definition of solid waste 261.2(a)(1) §261(a) and §3(a)(x) & (xiii) X

Interpretive Comment: At §3(a)(x) & (xiii), Wyoming amends 261.2(a)(1) by substituting the federal term “solid waste” with the State term “waste material”. The State’s provisions are equivalent to Federal.
Changes associated with 73 FR 62668; October 30, 2008; Definition of Solid Waste 261.1 and 261.2 changes, 261.4(a)(23) – (a)(25), and 261, Subpart H No State analog (see §261(a)) X

Interpretive Comment: Wyoming has not adopted the Federal provisions addressing the definition of solid waste which exclude from the definition of hazardous waste, hazardous secondary materials which meet certain requirements. By not adopting the provisions, Wyoming is more stringent.
Certain Injected groundwater that is hazardous because it exhibits the toxicity characteristic 261.4(b)(11) No State analog (see §261(a)) NAWYOMING CONSOLIDATED CHECKLIST C2 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 40 CFR Part 261 as of January 31, 2014

Page 2 of 3

WYIBRHWRRC2_261_IBR Checklist_Part150522_revised_clean.docx
[Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE
CITATION EQUIVALENT LESS
STRINGENT MORE
STRINGENT BROADER IN
SCOPE Interpretive Comment: Wyoming omits the Federal prov ision from its incorporation by reference of the Federal regulations because the applicable deadlines for the exclusions from hazardous waste have passed.
Reserved paragraph and Exclusion for Pennsylvania facility 261.4(b)(16) & (b)(17) No State analog (see §261(a)) NA

Interpretive Comment: Wyoming excludes the Federal pr ovisions from its incorporation by reference of the Federal regulations because 40 CFR 261.4(b)(16) is reserved and 261.4(b)(17) applies only to a facility located outside the State of Wyoming.
Special requirements for hazardous waste generated by conditionally exempt small quantity generators 261.5(c)(5) §261(a) and §261(a)(iv) X

Interpretive Comment: At §261(a)(iv) Wyoming inserts the phrase "or used batteries (or used battery cells) returned to a battery manufacturer for regeneration" after the reference to "40 CFR part 266, Subpart G" for clarity.
Requirements for recyclable materials 261.6 related §261(b) X

Interpretive Comment: At §261(b) Wyoming is more stringent in that it has adopted State-specific requirements for management of sham recycling activities that are not found in 40 CFR 261.6.
Criteria for identifying the characteristics of hazardous waste 261.10 §261(a) and §261(a)(i) X

Interpretive Comment: At §261(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 the term "Administrator" in order to properly leave the authority for Federal-only functions with the Federal program. Criteria for listing hazardous waste 261.11 §261(a) and §261(a)(i) X

Interpretive Comment: At §261(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 the term "Administrator" in order to properly leave the authority for Federal-only functions with the Federal program.WYOMING CONSOLIDATED CHECKLIST C2 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 40 CFR Part 261 as of January 31, 2014

Page 3 of 3

WYIBRHWRRC2_261_IBR Checklist_Part150522_revised_clean.docx
[Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE
CITATION EQUIVALENT LESS
STRINGENT MORE
STRINGENT BROADER IN
SCOPE

Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing Recycling 261.39(a)(5) §261(a) and §261(a)(ii) X

Interpretive Comment: At §261(a)(ii) Wyoming excepts from the blanket substitution of terms found in §3 the term "EPA" in order to properly leave the authority for Federal-only functions with the Federal program.

Notification and Recordkeeping for Used, Intact Cathode Ray Tubes (CRTs) Exported for Reuse 261.41 and 261.41(a) §261(a), §261(a)(ii) and §261(a)(iii) X

Interpretive Comment: At §261(a)(ii) Wyoming except s from the blanket substitution of terms found in §3 the term "EPA" in order to properly leave the authority for Federal-only functions with the Federal program.. At §261(a)(iii) Wyoming defines the "Regional Administrator" as the U.S. EPA Region 8 Regional Administrator in order to properly leave the authority for Federal-only functions with the Federal Program. At §261(a)(iii) Wyoming is also more stringent in that it requires a copy of the notification at 40 CFR 261.41(a) be sent to the Director.

Wastes Excluded Under 40 CFR 260.20 and 260.22 261, Appendix IX No State analog (see §261(a)) NA

Interpretive Comment: Wyoming excludes the Appendix from its incorporation by reference of the Federal regulations because it is not required for authorization. The Appendix simply documents wastes delisted by EPA for specific facilities.Page 1 of 3

WYIBRHWRRC3_262_IBR Checklist_160204adt.docx

Printed: 2/4/16 ] WYOMING CONSOLIDATED CHECKLIST C 3 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

40 CFR Part 26 2 as of J anuary 31, 2014

Name of State: Wyoming

State Statutory Authority: W.S. 35

- 11

- 101 et seq.

Title of Regulations: Chapter 1, "General Provisions"

Effective Date : March 18 , 2015

Date Checklist Completed: February 13 , 2015 ; Revised May 22 , 2015 and February 4, 2016

STATE ANALOG IS:

FEDERAL
REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE
CITATION EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROADER IN SCOPE

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE 40 CFR Part 262

(subject to exceptions and modifications below) § 262(a) X

Interpretive Comment: At §262(a), Wyoming incorporates by reference 40 CFR Part 262, except for the following provisions: 40 CFR 262.10(j) and (k), 262.34(j), (k), and (l), Subpart I, Subpart J, and the language “for the Region in which the generator is located” in 40 CFR 262.42(a)(2) and 40 CFR 262.42(b). 40 CFR 262.20(a)(2) is not incorporated by reference, as it addresses a federal deadline that has passed.

Purpose, scope, and applicability. 262.10(d) § 262(a )

, § 262(a)(i),and § 262(a)(iii) X

Interpretive Comment: At § 262(a)(i) the reference to "Federal definition of hazardous waste in 40 CFR 261.3" is retained by Wyoming, which properly leaves the authority for Federal

- only functions with the Federal program

. At § 262(a)(iii) Wyoming is more stringent because the State excepts from the blanket substitution of terms found in §3 the manifest registry functions, oversight, and notifications regarding exports and imports which are properly left under the authority of EPA, not the State.

Purpose, scope, and applicability. 262.10(g) § 262(a), § 262(a)(ii)

, and § 262(a)(ii)(A) X

Interpretive Comment: At §262(a)(ii) Wyoming excepts from the blanket substitution of terms found in §3 the term "Act", which in this case refers to RCRA §3008, not the "Act". At §262(a)(ii)(A) Wyoming retains State

specific references to Wyoming statute, W.S. 35

- 11

- 503(d).

Purpose, scope, and applicability. 262.10(j) and (k) No State analog (see §26 2 (a) ) NA

Interpretive Comment: Wyoming excludes these Federal provisions from its incorporation by reference because they apply only to facilities located outside the State of Wyoming.WYOMING CONSOLIDATED CHECKLIST C 3 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

40 CFR Part 26 2 as of J anuary 31, 2014

Page 2 of 3

WYIBRHWRRC3_262_IBR Checklist_160204adt.docx
[ Printed: 2/4/16 ] STATE ANALOG IS:

FEDERAL
REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE
CITATION EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROADER IN SCOPE Manifest tracking numbers, manifest printing, and obtaining manifests 262.21 § 262(a) and § 262(a)(iii) X

Interpretive Comment: At § 262(a)(iii) Wyoming is more stringent because the State excepts from the blanket substitution of terms found in §3 the manifest registry functions, oversight, and notifications regarding exports and imports which are properly left under the authority of EPA, not the State.

Accumulation time 262.34(a) § 262(a) and § 262(a)(iv) X

Interpretive Comment: At §262(a)(iv) Wyoming states that except as provided in paragraphs (d), (e), and (f) of 40 CFR 262.34, a generator may accumulate hazardous waste on

- site for 90 days or less without a permit or without having interim status.

Accumulation time 262.34(d)(5)(iv)(C) § 262(a) and §262(a)(v) X

Interpretive Comment: At §262(a)(v) Wyoming is more stringent because the State requires that the DEQ be notified by telephone to file a n identical report, in addition to the notification required in the Federal rule.

P erformance Track Program 262.34(j)

– (l) No State analog (see §26 2 (a) ) NA

Interpretive Comment: Wyoming excludes these Federal provisions from its incorporation by reference because they apply a program that EPA has terminated and no longer supports.

International agreements 262.58(a) § 262(a) and § 262(a)(i) X

Interpretive Comment: At § 262(a)(i) the reference to "Federal definition of hazardous waste in 40 CFR 261.3" is retained by Wyoming, which properly leaves the authority for Federal

- only functions with the Federal program

. Applicability 262.80(a) § 262(a) and § 262(a)(i) X

Interpretive Comment: At § 262(a)(i) the reference to "Federal definition of hazardous waste in 40 CFR 261.3" is retained by Wyoming, which properly leaves the authority for Federal

- only functions with the Federal program

. OECD waste lists 262.89(a) § 262(a) and § 262(a)(i) XWYOMING CONSOLIDATED CHECKLIST C 3 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

40 CFR Part 26 2 as of J anuary 31, 2014

Page 3 of 3

WYIBRHWRRC3_262_IBR Checklist_160204adt.docx
[ Printed: 2/4/16 ] STATE ANALOG IS:

FEDERAL
REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE
CITATION EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROADER IN SCOPE Interpretive Comment: At § 262(a)(i) the reference to "Federal definition of hazardous waste in 40 CFR 261.3" is retained by Wyoming, which properly leaves the authority for Federal

- only functions with the Federal program

. Exports of Hazardous Waste, Imports of Hazardous Waste, and Transboundary Movements of Hazardous Waste for Recovery Within the OECD Subpart E, Subpart

F, and Subpart H § 262(a) and § 262(a)(iii) X

Interpretive Comment: At § 262(a)(iii) Wyoming is more stringent because the State excepts from the blanket substitution of terms found in §3 the manifest registry functions, oversight, and notifications regarding exports and imports which are properly left under the authority of EPA, not the State.

Project XL Requirements 262, Subparts I and

J No State analog (see §26 2 (a) ) NA

Interpretive Comment: Wyoming excludes these Federal provisions from its incorporation by reference because they apply only to facilities located outside the State of Wyoming.
Appendix Part 262, Appendix

A, Item 18A, Paragraph 4 § 262(a) and § 262(a)(vi) X

Interpretive Comment: At § 262(a)(vi) Wyoming requires that "Owners or operators of facilities located in Wyoming should contact the DEQ for information on where to report discrepancies involving ‘‘significant differences’’ to State officials."Page 1 of 2

WYIBRHWRRC4_263_IBR Checklist_Part150522adt_revised_clean.docx
[Printed: 5/13/15] WYOMING CONSOLIDATED CHECKLIST C4 STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE 40 CFR Part 263 as of January 31, 2014

Name of State: Wyoming

State Statutory Authority: W.S. 35-11-101 et seq.

Title of Regulations: Chapter 1, "General Provisions"

Effective Date: March 18, 2015

Date Checklist Completed: February 13, 2015; Revised May 22, 2015

STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE Standards applicable to transporters of hazardous waste 40 CFR Part 263, (subject to exceptions and modifications below) §263(a)

X

Interpretive Comment: At §263(a), Wyoming incorporates by reference 40 CFR Part 264, except for the following provision: 40 CFR 263.20(a)(3).
Scope 263.10(d) §263(a) and §263(a)(iii) X

Interpretive Comment: At §263(a)(iii) Wyoming retains the reference to "Federal definition of hazardous waste in 40 CFR 261.3" for purposes of 40 CFR 263.10(d).
The manifest system 263.20(a), except 263.20(a)(3) §263(a) and §263(a)(ii) X

Interpretive Comment: For purposes of 263.20(a) at §263(a)(ii) Wyoming retains references to “EPA Acknowledgement of Consent”, and “US Customs Offici al”, respectively, in order to properly leave authority for Federal-only functions with the Federal program.
The manifest system 262.20(a)(3) No State analog (see §263(a)) NA

Interpretive Comment: At §263(a) Wyoming has exc epted from the incorporation by reference 40 CFR 260.20(a)(3) which addresses compliance dates for manifest form revisions for dates which have passed.
The manifest system 263.20(g), 263.20(g)(1), 263.20(g)(4), §263(a), §263(a)(i), and §263(a)(ii) X

Interpretive Comment: At §§263(a)(i) and 263(a)(ii) Wy oming excepts from the blanket substitution of terms found in §3 the terms “United States”, and “EPA Acknowledgement of Consent” and “US Customs Official”, respectively, in order to properly leav e authority for Federal-only functions with the Federal program. Compliance with the manifest 263.21(a)(4) §263(a) and §263(a)(i) XWYOMING CONSOLIDATED CHECKLIST C4 STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE 40 CFR Part 263 as of January 31, 2014

Page 2 of 2

WYIBRHWRRC4_263_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE Interpretive Comment: At §263(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 the term “United States” in order to properly leave authority for Federal-only functions with the Federal program. Recordkeeping 263.22(d) §263(a) and §263(a)(i) X

Interpretive Comment: At §263(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 the term “United States” in order to properly leave authority for Federal-only functions with the Federal program.

Immediate action 263.30(c) §263(a) and §263(a)(iv) X

Interpretive Comment: At §263(a)(iv) Wyoming’s provision is more stringent because the State requires a notification be sent to the Director of DEQ in addition to the required federal notification.Page 1 of 8

WYIBRHWRRC5_264_IBR Checklist_Part150522adt_revised_clean.docx
[Printed: 5/13/15] WYOMING CONSOLIDATED CHECKLIST C5 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 264 as of January 31, 2014

Name of State: Wyoming

State Statutory Authority: W.S. 35-11-101 et seq.

Title of Regulations: Chapter 1, "General Provisions"

Effective Date: March 18, 2015

Date Checklist Completed: February 13, 2015; Revised May 22, 2015

STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 264, (subject to exceptions and modifications below) §264(a)

X

Interpretive Comment: At §264(a), Wyoming incorporates by reference 40 CFR Part 264, except for the following provisions: 40 CFR 264.1(f), 264.1(g)(12), 264.1(j), 264.15(b)(5), 264.70(b), 264.73(b)(17), 264.101(d), 264.147(k), 264.149, 264.150, 264.195(e), 264.301(l), 264.314(e), 264.554(l)(2), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f), and 264.1080(g).
Underground Injection 264.1(d) §264(b) State-specific language for Wyoming.

Interpretive Comment: At §264(b) Wyoming states that disposal of hazardous waste by means of underground injection is regulated under Chapters VIII, IX, and XIII of the Wyoming Water Quality Rules and Regulations.
Applicability 264.1(f) No State analog (See §264(a)) NA

Interpretative Comment: Wyoming excludes 40 CFR 264. 1(f) from the incorporation by reference because the Federal provision only clarifies the conditions under which the Federal regulations apply in authorized States.
Purpose, scope and applicability 264.1(g)(1) §264(a) and §264(a)(i) X

Interpretive Comment: At §264(a)(i) Wyoming replaces the phrase "a State" with "the State of Wyoming".
Applicability - Project XL Facility 264.1(g)(12) No State analog (see §264(a)) NA

Interpretive Comment: Wyoming excludes 40 CFR 264. 1(g)(12) from the incorporation by reference because it addresses a Project XL facility in New York. The provision does not apply to Wyoming.WYOMING CONSOLIDATED CHECKLIST C5 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 264 as of January 31, 2014

Page 2 of 8

WYIBRHWRRC5_264_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE Purpose, scope and applicability 264.1(j) No State analog (see §264(a)) X

Interpretive Comment: Wyoming is more stringent because it has excluded adoption of 40 CFR 264.1(j) from its incorporation by reference at §264(a). Specifically, remediation waste management sites not subject to 40 CFR 264.101 are not eligible for the less stringent management standards of the Corrective Action Management Unit (CAMU) program.

Identification number 264.11 §264(d) X
Interpretive Comment: Wyoming replaces the Federal provision with its provision at §264(d). At §264(d) Wyoming states that every facility owner or operator must apply to the DEQ for an EPA identification number in accordance with the EPA notification procedures (45 FR 12746). The EPA identification number shall be considered to be the State of Wyoming identification number for purposes of the HWRR.
Required notices 264.12(a) §264(a) and §264(a)(ii) X

Interpretive Comment: At §264(a)(ii) Wyoming excepts from the blanket substitution of terms found in §3 the term "Regional Administrator" in order to properly leave authority for Federal-only functions with the Federal Program.

General waste analysis 264.13(b)(3)(ii) §264(a) and §264(a)(iii) X

Interpretive Comment: At §264(a)(iii) Wyoming states that the equivalent sampling method is one that is approved by rule pursuant to Chapter 3, Section 2 of the DEQ's Rules of Practice and Procedure.

Performance Track Facilities 264.15(b)(5) No State analog (See §264(a)) NA

Interpretive Comment: Wyoming excludes 40 CFR 264. 15(b)(5) from the incorporation by reference because the provision applies only to Performance Track facilities and EPA has terminated the Performance Track program.

Location standards 264.18(b)(1) §264(a), §264(a)(iv), and §264(k) - §264(m) X

Interpretive Comment: At §264(a)(iv) Wyoming is more stringent because the State does not permit new facilities to be located within the boundaries of the 100-year floodplain. Additionally, the State requires new facilities to meet the location standards in Sections 264(k), 264(l), and 264(m). At §§264(k) Wyoming has State-specific language for Class I facilities which relates to §§264(a)(iv) and 270(d)(i)(C) of the HWRR, where the State language in itself is not more stringent, although the internal references relate to more stringent provisions of the HWRR. At §§264(l) and 264(m) Wyoming includes location standards for Class II and Class III facilities which are generally equivalent to the Federal rules. These subsections contain internal cross-references to §270(l)(ii) which contai ns more stringent provisions for assessments of health risks.
Emergency procedures 264.56(d)(2) §264(a) and §264(a)(v) XWYOMING CONSOLIDATED CHECKLIST C5 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 264 as of January 31, 2014

Page 3 of 8

WYIBRHWRRC5_264_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE Interpretive Comment: At §264(a)(v) Wyoming is more stringent because the State requires the emergency coordinator to also report his findings to the DEQ in addition to either the on-scene coordinator or the National Response Center.

Use of manifest system 264.70(b) No State analog (See §264(a)) NA

Interpretive Comment: At §264(a), Wyoming excl udes 40 CFR 274.70(b) from the incorporation by reference because the provision addresses the September 5, 2006 compliance date which has passed.

Use of manifest system 264.71(a)(3) §264(a) and §264(a)(vi) X

Interpretive Comment: At §264(a)(vi) Wyoming except s from the blanket substitution of terms found in §3 the term "EPA" in order to properly leave authority for Federal-only functions with the Federal Program.
Operating record 264.73(b)(17) No State analog (see §264(a)) X

Interpretive Comment: At §264(a) Wyoming is more stringent because it has excluded adoption of 264.73(b)(17) which addresses the less stringent requirements for remediation waste management sites.
Applicability 264.90(b)(4) §264(a) and §264(i) X

Interpretive Comment: At §§264(i) and 264(i)(i) Wyoming is more stringent because it requires that, for the purposes of 40 CFR 264.90(b)(4), the certifying geologist be a professional geologist registered in the State of Wyoming. This differs from the EPA phrases "qualified geologist" or "geologists".

Corrective action beyond facility boundary 264.101(c) related, RCRA §3004(v)(1), RCRA §3004(v)(2), and RCRA §3004(v) §264(a) and §264(j)

X

Interpretive Comment: At §264(j) Wyoming clarifies the requirement for corrective action beyond a facility’s boundary to facilities in a manner that is consistent with the Federal program. At §264(j)(i)(A) Wyoming adds a reference to W.S. 35-11-503(d) and W.S. 35-11-801 in addition to the Federal statute RCRA Section 3005(c) and Federal rule (40 CFR 270.50) references.

Corrective action for solid waste management units 264.101(d) No State analog (see §264(a)) X

Interpretive Comment: At §264(a) Wyoming is more stringent because it has excluded adoption of 40 CFR 264.101(d), which excludes remediation waste management sites from the 40 CFR 264.101 corrective action requirements.
Closure plan; amendment of plan 264.112(d)(2)(i) §264(a) and §264(a)(vii) XWYOMING CONSOLIDATED CHECKLIST C5 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 264 as of January 31, 2014

Page 4 of 8

WYIBRHWRRC5_264_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE Interpretive Comment: At §264(a)(vii) Wyoming is more stringent because it requires that owner/operators at closure will take, and continue to take, all steps to prevent threats to human health and the environment.

Financial assurance for closure 264.143(c) and 264.143(h) §264(a), §264(f)(i), and §264(f)(ii) X

Interpretive Comment: At §264(f)(i) Wyoming states that surety bonds guaranteeing performance of closure are not allowed for interim status facilities. This is consistent with the Federal requirements in 40 CFR 265, Subpart H. At §264(f)(ii) Wyoming states that if the facilities covered by the mechanism are in more than one state, identical evidence of financial assurance must be submitted to, and maintained with, the state Agency regulating hazardous waste or with the appropriate Regional Administrator if the facility is located in an unauthorized state.

Financial assurance for post-closure care 264.145(c) and 264.145(h) §264(a), §264(f)(i), and §264(f)(ii) X

Interpretive Comment: At §264(f)(i) Wyoming states that surety bonds guaranteeing performance of postclosure care are not allowed for interim status facilities. This is consistent with the Federal requirements in 40 CFR 265, Subpart H. At §264(f)(ii) Wyoming states that if the facilities covered by the mechanism are in more than one state, identical evidence of financial assurance must be submitted to, and maintained with, the state Agency regulating hazardous waste or with the appropriate Regional Administrator if the facility is located in an unauthorized state.

Liability requirements 264.147(k) No State analog (See §264(a)) NA

Interpretive Comment: Wyoming excludes 40 CFR 264.147(k) fr om the incorporation by reference because the Federal provision is obsolete; the provision allowed the use of the specified liability insurance mechanism until October 16, 1982.

Liability requirements 264.149 and 264.150 No State analog (See §264(a)) NA

Interpretive Comment: Wyoming excludes 40 CFR 264.149 and 264.150 from the incorporation by reference because 40 CFR 264.149 addresses state financial mechanisms in unauthorized states and 40 CFR 264.150 does not apply to Wyoming.
Wording of the instruments 264.151 §264(a) and §264(f)(iii) X

Interpretive Comment: At §264(f)(iii) Wyoming requi res that owners and operators notify several Regional Administrators of their financial obligations, and the owner or operator shall notify both the DEQ and all Regional Administrators of Regions which are affected by the owner or operator's financial assurance mechanisms.

Assessment of existing tank system's integrity 264.191(a) and 264.191(c) §264(a), §264(a)(viii), and §264(a)(ix) XWYOMING CONSOLIDATED CHECKLIST C5 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 264 as of January 31, 2014

Page 5 of 8

WYIBRHWRRC5_264_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE and compliance dates
Interpretive Comment: At §264(a)(viii) Wyoming clarifies that the 40 CFR 264.191(a) tank system's integrity assessment must be completed by January 12, 1988 for HSWA tanks, as defined at Section 4(a)(xiv), and by October 18, 1996 for non-HSWA tanks, as defined at Section 4(a)(xxi). At §264(a)(ix) Wyoming requires that the 40 CFR 264.191(c) compliance date for conducting the assessment is within 12 months of July 14, 1986 for HSWA tanks, as defined in Section 4(a)(xiv). For non-HSWA tanks, as defined at Section 4(a)(xxi), the compliance date is within 12 months of October 18, 1995.

Performance Track - Inspections 264.195(e) No State analog (See §264(a)) NA

Interpretive Comment: Wyoming excludes 40 CFR 264.195( e) from the incorporation by reference because the provision applies only to Performance Track facilities.

Landfill located in State of Alabama 264.301(l) No State analog (See §264(a)) NA

Interpretive Comment: Wyoming excludes 40 CFR 264.301(l) from the incorporation by reference because it addresses landfills located outside of the State of Wyoming.
Special requirements for bulk and containerized liquids 264.314(e) §264(a) and §264(a)(x) X

Interpretive Comment: Wyoming replaces the 40 CFR 264.314(e) requirement with the provision at §264(a)(x). At §264(a)(x) Wyoming is more stringent because it does not allow the placement of liquids that are not hazardous wastes in landfills.

Grandfathered Corrective Action Management Units (CAMUs) 264.551(a) §264(a) and §264(e)(i) X

Interpretive Comment: At §264(e)(i) Wyoming adds references to State statutes W.S. 35-11-503(d) and W.S 35-11-1607, as well as language regarding remedy agreem ents under the Wyoming Voluntary Remediation Program relative to implementing re medies for CAMUs. Wyoming is broader-in-scope because it makes the CAMU requirements available to participants in t he State of Wyoming Voluntary Remediation Program (who would otherwise not be regulated under the RCRA pr ogram) implementing corrective action pursuant to a remedy agreement developed under Wyoming Statute W.S. 35-11-1607.

Corrective Action Management Units (CAMU) 264.552(a) §264(a) and §264(e)(i) X

Interpretive Comment: At §264(e)(i) Wyoming adds references to State statutes W.S. 35-11-503(d) and W.S 35-11-1607, as well as language regarding remedy agreem ents under the Wyoming Voluntary Remediation Program relative to implementing re medies for CAMUs. Wyoming is broader-in-scope because it makes the CAMU requirements available to participants in t he State of Wyoming Voluntary Remediation ProgramWYOMING CONSOLIDATED CHECKLIST C5 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 264 as of January 31, 2014

Page 6 of 8

WYIBRHWRRC5_264_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE (who would otherwise not be regulated under the RCRA pr ogram) implementing corrective action pursuant to a remedy agreement developed under Wyoming Statute W.S. 35-11-1607.

Corrective Action Management Units (CAMU) 264.552(a)(3)(iii) §264(a) and §264(a)(xi) X

Interpretive Comment: At §264(a)(xi) Wyoming is more stringent because it deletes the phrase "or a demonstration is made pursuant to §264.314(e)", for the purposes of 40 CFR 264.552(a)(3)(iii). The State does not allow the placement of liquids that are not hazardous wastes in landfills.

Corrective Action Management Units (CAMU) 264.552(e) §264(a) and §264(e)(ii) X

Interpretive Comment: At §264(e)(ii) Wyoming adds references to State statutes W.S. 35-11-503(d) and W.S 35-11-1607, as well as language regarding re medy agreements under the Wyoming Voluntary Remediation Program relative to implement ing remedies for CAMUs. Wyoming is broader-in-scope because it makes the CAMU requirements available to participants in the State of Wyoming Voluntary Remediation Program (who would otherwise not be regulated under the RCRA program) implementing corrective action pursuant to a remedy agreemen t developed under Wyoming Statute W.S. 35-11-1607.
Staging piles 264.554(l)(2) No State analog (see §264(a)) X

Interpretive Comment: At §264(a) Wyoming is more stringent because it does not adopt the less stringent Remedial Action Plan (RAP) alternate permit for remediation waste management sites.
Disposal of CAMUeligible wastes in permitted hazardous waste landfills 264.555(a)(3), and 264.555(g) §264(a) and §264(e)(iii) X

Interpretive Comment: At §264(e)(iii)(A) Wyoming incl udes a modification stating that a landfill receiving CAMU-eligible waste must have either a RCRA or State hazardous waste permit. At §264(e)(iii)(B) Wyoming also includes a similar modi fication requiring the "design of th e CAMU" to have either a RCRA or State hazardous waste permit.
Applicability 264.1030(c) §264(a) and §264(a)(xii) X

Interpretive Comment: At §264(a)(xii) Wyoming replaces the reference to "40 CFR 124.15" with "40 CFR 124.5" to correctly reference "Modifications, revocation and reissuance, or termination of permits."
Applicability – Project XL Facility 264.1030(d) No State analog (See §264(a)) NA

Interpretive Comment: At §264(a) Wyoming excl udes 40 CFR 264.1030(d) from the incorporation by reference because it addresses a project XL facility outside the State of Wyoming.WYOMING CONSOLIDATED CHECKLIST C5 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 264 as of January 31, 2014

Page 7 of 8

WYIBRHWRRC5_264_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE
Definitions 264.1031 “Malfunction” §264(a) and §264(a)(xiii) X

Interpretive Comment: At §264(a)(xiii) Wyoming adopts the Federal definition, and also adds language to clarify that “Failures that are caused in part by poor maintenance or careless operation are not malfunctions.”
Applicability – Project XL Facility 264.1050(g) No State analog (See §264(a)) NA

Interpretive Comment: At §264(a) Wyoming excl udes 40 CFR 264.1050(g) from the incorporation by reference because it addresses a project XL facility outside the State of Wyoming.
Applicability 264.1080(b)(5), 264.1080(c) §264(a) and §264(g) X

Interpretive Comment: At §264(g)(i) and §264(g)(ii) Wyoming replaces the Federal language with language that includes references to W.S. 35-11-503(d) in addition to the Federal references in each subsection.
Applicability – Project XL Facility 264.1080(e) – (g) No State analog (See §264(a)) NA

Interpretive Comment: At §264(a) Wyoming excludes 40 CFR 264.1080(e) - (g) from the incorporation by reference because they address a project XL facility outside the State of Wyoming.

Standards: General 264.1082(c)(4)(ii) §264(a) and §264(a)(vi) X

Interpretive Comment: At §264(a)(vi) Wyoming except s from the blanket substitution of terms found in §3 the term "EPA" in order to properly leave authority for Federal-only functions with the Federal Program.

Professional Engineer Certification Related to 264.115, 264.120, 264.143(i), 264.145(i), 264.147(e), 264.191(a), 264.191(b)(5)(ii), 264.192(a), 264.192(b), 264.193(i)(2), 264.196(f), 264.280(b), 264.554(c)(2), 264.571(a), (b), and (c), 264.573(a)(4)(ii), 264.573(g), §264(a) and §264(h) XWYOMING CONSOLIDATED CHECKLIST C5 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 264 as of January 31, 2014

Page 8 of 8

WYIBRHWRRC5_264_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE 264.574(a), and 264.1101(c)(2)
Interpretive Comment: At §264(h) Wyoming is more stringent because the State requires professional engineers to be registered in Wyoming ("qualified r egistered Professional Engineer") when referring to activities requiring Professional Engineer certific ation. This differs from the EPA phrase "qualified Professional Engineer".
"Air Quality Rules" No federal equivalent §264(c) State-specific language for Wyoming.

Interpretive Comment: At §264(c) Wyoming states that compliance with the permitting requirements of the HWRR does not obviate any duty to obtain and comply with an Air Quality construction or modification permit pursuant to Chapter 6, Section 2 of the Wyoming Air Quality Standards and Regulations.

Notes: "DEQ" = Wyoming Department of Environmental Quality "HWRR" = Wyoming Hazardous Waste Rules and RegulationsPage 1 of 6

WYIBRHWRRC6_265_IBR Checklist_Part150522adt_revised_clean.docx
[Printed: 5/13/15] WYOMING CONSOLIDATED CHECKLIST C6 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 265 as of January 31, 2014

Name of State: Wyoming

State Statutory Authority: W.S. 35-11-101 et seq.

Title of Regulations: Chapter 1, "General Provisions"

Effective Date: March 18, 2015

Date Checklist Completed: February 17, 2015; Revised May 22, 2015

STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 265 (subject to exceptions and modifications below) §265(a)

X

Interpretive Comment: At §265(a), Wyoming incorporates by reference 40 CFR Part 265, except for the following provisions: 40 CFR Subpart R and Sections 40 CFR 265.1(c)(4), 265.1(c)(15), 265.15(b)(5), 265.70(b), 265.147(k), 265.149, 265.150, 265.195(d), 265.1030(c), 265.1050(f), 265.1080(e), 265.1080(f), and 265.1080(g).
Purpose, scope, and applicability 265.1(c)(4)(i) and (ii) §265(b) State-specific language for Wyoming

Interpretive Comment: Relative to 40 CFR 265.1(c)(4)(i), at §265(b)(i) Wyoming has language to the effect that Disposal of hazardous waste by means of underground injection is regulated under Chapters VIII, IX, and XIII of the Wyoming Water Quality Rules and Regulat ions. At §265(b)(ii) Wyoming replaces the Federal language with language which clarifies that "Any person who treats, stores, or disposes of hazardous waste, if Wyoming has not been authorized to carry out the requirements and prohibitions applicable to the treatment, storage, or disposal of hazardous waste at his or her facility, is subject to 40 CFR part 265. The requirements and prohibitions that are applicable until Wy oming receives authorization to carry them out include all federal program requirements identified in 40 CFR 271.1(j)."
Purpose, scope, and applicability 265.1(c)(5) §265(a) and §265(a)(i) X

Interpretive Comment: At §265(a)(i) Wyoming replaces the phrase "a State" with "the State of Wyoming".
Applicability – Project XL facility 265.1(c)1(5) No State analog (See §265(a)) NA

Interpretive Comment: Wyoming excludes 40 CFR 265.1(c )(15) from the incorporation by reference because it addresses a Project XL facility in New York. The provision does not apply to Wyoming.WYOMING CONSOLIDATED CHECKLIST C6 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 265 as of January 31, 2014

Page 2 of 6

WYIBRHWRRC6_265_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE
Identification number 265.11 §265(a) and §265(a)(ii) X

Interpretive Comment: At §265(a)(ii) Wyoming requires that the owner or operator shall apply to the DEQ for an EPA identification number.
Required notices 265.12(a) §265(a) and §265(a)(iii) X

Interpretive Comment: At §265(a)(iii) Wyoming excepts from the blanket substitution of terms found in §3 the term "Regional Administrator" in favor of the U.S. Environmental Protection Agency Region 8 Regional Administrator in order to properly leave authority for Federal-only functions with the Federal Program.

Performance Track Facilities 265.15(b)(5) No State analog (See §265(a)) NA

Interpretive Comment: Wyoming excludes 40 CFR 265.15( b)(5) from the incorporation by reference because the provision applies only to Perf ormance Track facilities and EPA has terminated the Performance Track program.
Emergency Procedures 265.56(d)(2) §265(a) and §265(a)(iv) X

Interpretive Comment: At §265(a)(iv) Wyoming is more stringent in that it requires the emergency coordinator to also report his findings to the DEQ in addition to either the on-scene coordinator or the National Response Center.

Use of manifest system 265.70(b) No State analog (See §265(a)) NA

Interpretive Comment: At §265(a), Wyoming excludes 40 CFR 275.70(b) from the incorporation by reference because the provision addresses the September 5, 2006 compliance date which has passed.
Use of manifest system 265.71(a)(3) §265(a) and §265(a)(iii) X

Interpretive Comment: At §§265(a)(iii) Wyoming except s from the blanket substitution of terms found in §3 the term "Regional Administrator" in favor of the U.S. Environmental Protection Agency Region 8 Regional Administrator in order to properly leave authority for Federal-only functions with the Federal Program.
Applicability 265.90(c) §265(a) and §265(f) X

Interpretive Comment: For the purposes of 40 CFR 265.90(c), at §265(f) Wyoming is more stringent because it requires that the certifying geologist be a professional geologist registered in the State of Wyoming. This differs from the EPA phrases "qualified geologist" or "geologists".
Applicability 265.90(d)(1) and (3) §265(a) , §265(a)(v), §265(f) X

Interpretive Comment: At §265(a)(v) Wyoming is more stringent in that the State requires groundwater monitoring plans and reports to be submitted to the Director. Additionally, for the purposes of 40 CFR 265.90(d)(1), at §265(f)(i) Wyoming is also more stringent because it requires that the certifying geologist beWYOMING CONSOLIDATED CHECKLIST C6 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 265 as of January 31, 2014

Page 3 of 6

WYIBRHWRRC6_265_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE a professional geologist registered in the State of Wyoming. This differs from the EPA phrases "qualified geologist" or "geologists".
Preparation, evaluation, and response 265.93(d)(2) §265(a), §265(a)(v), and §265(f) X

Interpretive Comment: At §265(a)(v) Wyoming is more stringent in that the State requires groundwater monitoring plans and reports to be submitted to the Di rector. Additionally, at §265(f)(i) Wyoming is also more stringent because it requires that the certifying geologist be a professional geologist registered in the State of Wyoming. This differs from the EPA phrases "qualified geologist" or "geologists".
Preparation, evaluation, and response 265.93(d)(5) §265(a) and §265(a)(vi) X

Interpretive Comment: At §265(a)(vi) Wyoming is more stringent because the State requires the owner/operator to submit a written report to the Director 15 days after the assessment of ground-water quality is completed.

Financial assurance for closure 265.143(g) §265(a) and §265(c)(i) X

Interpretive Comment: At §265(c)(i) Wyoming states that if the faci lities covered by the mechanism are in more than one State, identical evidence of financial assurance must be submitted to, and maintained with, the State Agency regulating hazardous waste or with the appropriate Regional Administrator if the facility is located in an unauthorized State.

Financial assurance for post-closure care 265.145(g) §265(a) and §265(c)(i) X

Interpretive Comment: At §265(c)(i) Wyoming states that if the faci lities covered by the mechanism are in more than one State, identical evidence of financial assurance must be submitted to, and maintained with, the State Agency regulating hazardous waste or with the appropriate Regional Administrator if the facility is located in an unauthorized State.

Liability requirements 265.147(k) No State analog (See §265(a)) NA

Interpretive Comment: Wyoming excludes 40 CFR 265.147(k) from the incorporation by reference because the Federal provision is obsolete; the provision allowed the use of the specified liability insurance mechanism until October 16, 1982.

Liability requirements 265.149 and 265.150 No State analog (See §265(a)) NA

Interpretive Comment: Wyoming excludes 40 CFR 265.149 and 265.150 from the incorporation by reference because 40 CFR 265.149 addresses state financial mechanisms in unauthorized states and 40 CFR 265.150 does not apply to Wyoming.
Assessment of existing tank system's integrity 265.191(a) and 265.191(c) §265(a), §265(a)(vii), and §265(a)(viii) XWYOMING CONSOLIDATED CHECKLIST C6 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 265 as of January 31, 2014

Page 4 of 6

WYIBRHWRRC6_265_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE Interpretive Comment: At §§265(a)(vii) Wyoming clar ifies that for 40 CFR 265.191(a) the tank system’s integrity assessment must be completed by January 12, 1988 for HSWA tanks, as defined at Section 4(a)(xiv) of the HWRR, and by October 18, 1996 for non-HSWA tanks, as defined at Section 4(a)(xxi) of the HWRR. Additionally, at §265(a)(viii), the 40 CFR 265.191(c) compliance date for conducting the assessment is within 12 months of July 14, 1986 for HSWA tanks, as defi ned in Section 4(a)(xiv) of the HWRR. For non-HSWA tanks, as defined at Section 4(a)(xxi) of the HWRR, the compliance date is within 12 months of October 18, 1995.

Performance TrackInspections 265.195(d) No State analog (See §265(a)) NA

Interpretive Comment: At §265(a) Wyoming excl udes 40 CFR 265.195(d) from the incorporation by reference because it relates to Performance Track facilities and EPA has terminated the Performance Track program.
Response actions 265.224(a), 265.259(a), and 265.303(a) §265(a) and §265(a)(ix) X

Interpretive Comment: At §265(a)(ix) Wyoming is more stringent because it also requires that surface impoundment, waste pile, and landfill response action plans be submitted to the Director.
Special requirements for bulk and containerized liquids

. 265.314(f) §265(a) and §265(a)(x) X

Interpretive Comment: Wyoming replaces the 40 CFR 265.314(f) requirement with the provision at §265(a)(x). At §265(a)(x) Wyoming is more stringent because it does not allow the placement of liquids that are not hazardous wastes in landfills.
Applicability 265.340(b)(2) §265(a) and §265(a)(xi) X

Interpretive Comment: At §265(a)(xi), Wyoming clar ifies its regulations by replacing the Federal language with, “The following requirements continue to apply even when the owner or operator has demonstrated compliance with the MACT requirements of part 63, Subpart EEE of this Chapter: 40 CFR 265.351 (closure) and the applicable requirements of Subparts A through H, BB and CC of this part.”

Air Emission Standards for Tanks, Surface Impoundments, and Containers 265.1051 related (Definition of “Malfunction”) §265(a) and §265(a)(xii) X

Interpretive Comment: At §265(a)(xii) Wyoming adopts the Federal definition of "Malfunction" and adds language to clarify that “Failures that are caused in part by poor maintenance or careless operation are not malfunctions.”
Applicability – Project XL Facility 265.1030(c) No State analog (See §265(a)) NAWYOMING CONSOLIDATED CHECKLIST C6 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 265 as of January 31, 2014

Page 5 of 6

WYIBRHWRRC6_265_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE Interpretive Comment: At §265(a) Wyoming excl udes 40 CFR 265.1030(c) from the incorporation by reference because it addresses a project XL facility outside the State of Wyoming.
Applicability – Project XL Facility 265.1050(f) No State analog (See §265(a)) NA

Interpretive Comment: At §265(a) Wyoming excl udes 40 CFR 265.1050(f) from the incorporation by reference because it addresses a project XL facility outside the State of Wyoming.
Applicability 265.1080(c) §265(a) and §265(d) X

Interpretive Comment: At §§265(d) Wyoming inserts the phrase "or W.S. 35-11-503(d)" after "...RCRA Section 3005...".

Standards: General 265.1083(c)(4)(ii) §265(a) and §265(a)(iii) X

Interpretive Comment: For the purposes of 40 CFR 265. 71(a)(3), at §265(a)(iii) Wyoming excepts from the blanket substitution of terms found in §3 the term "EPA".
Applicability – Project XL Facility 265.1080(e) – (g) No State analog (See §265(a)) NA

Interpretive Comment: At §265(a) Wyoming excludes 40 CFR 265.1080(e) – (g) from the incorporation by reference because they address a project XL facility outside the State of Wyoming.

PROFESSIONAL ENGINEER CERTIFICATION Related to 265.115, 265.120, 265.143(h), 265.145(h), 265.147(e), 265.191(a), 265.191(b)(5)(ii), 265.192(a) and (b), 265.193(i)(2), 265.196(f), 265.280(e), 265.441(a), (b), and (c), 265.443(a)(4)(ii), 265.443(g), 265.444(a), and 265.1101(c)(2) §265(a) and §265(e) X

Interpretive Comment: At §265(e) Wyoming is more stringent because the State requires professional engineers to be registered in Wyoming ("qualified r egistered Professional Engineer") when referring to activities requiring Professional Engineer certific ation. This differs from the EPA phrase "qualified Professional Engineer".WYOMING CONSOLIDATED CHECKLIST C6 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 40 CFR Part 265 as of January 31, 2014

Page 6 of 6

WYIBRHWRRC6_265_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE
REQUIREMENTS FOR EXISTING AND NEWLY REGULATED SURFACE IMPOUNDMENTS 265, Subpart K related, RCRA §3005(j)(1), RCRA §3005(j)(6), and RCRA §3005(j)(7)(B) §265(a) and §265(g) X

Interpretive Comment: For clarity, at §265(g) Wyom ing has incorporated RCRA statutory requirements for certain existing and newly r egulated surface impoundments.

Notes: "DEQ" = Wyoming Department of Environmental Quality "HWRR" = Wyoming Hazardous Waste Rules and RegulationsPage 1 of 2

WYIBRHWRRC7_266_IBR Checklist_Part150522adt_revised_clean.docx
[Printed: 5/13/15] WYOMING CONSOLIDATED CHECKLIST C7 STANDARDS FOR THE MANAGEMENT OF SPECIFI C HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES 40 CFR Part 266 as of January 31, 2014

Name of State: Wyoming

State Statutory Authority: W.S. 35-11-101 et seq.

Title of Regulations: Chapter 1, "General Provisions"

Effective Date: March 18, 2015

Date Checklist Completed: February 17, 2015; Revised May 22, 2015

STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE
STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES 40 CFR Part 266 and all Subparts (subject to the modifications below) §266(a)

X

Definition of solid waste 266.202(d) §266(b) and §266(b)(i) X

Interpretive Comment: At §266(b)(i) has modified the Federal language to also reference the Wyoming statutes. Wyoming is more stringent in that it requires that the operator of the range must "notify the Director in writing" if remedial action is infeasible.
Standards applicable to the transportation of solid waste military munitions 266.203(b) and 266.203(c) §266(b)(ii) and §266(b)(iii) X

Interpretive Comment: The Wyoming provisions ar e replacements for the Federal requirements. At §266(b)(ii) Wyoming is more stringent in that it does not allow a default reinstatement if the Director does not take action on the application within 60 days. At §266(b)(iii) Wyoming is more stringent in that any amendments to the effective date of the Department of Defense shipping controls or DDESB storage standards are not effective until approved by the Director.
Standards applicable to the storage of solid waste military munitions 266.205(a)(1) §266(a), §266(b)(iv) and §266(b)(v) X

Interpretive Comment: Wyoming has added state-only prov isions to its incorporation by reference of the Federal provision. At §§266(b)(iv) and 266(b)(v) Wyoming is more stringent in that Wyoming limits the conditional exemption for storage to waste generated by the facility storing the waste unless “...storage of waste military munitions from another facility is the result of an inability to transport the waste military munitions for treatment or disposal due to inclement w eather or other circumstance as approved in writing by the Director."WYOMING CONSOLIDATED CHECKLIST C7 STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES 40 CFR Part 266 as of January 31, 2014

Page 2 of 2

WYIBRHWRRC7_266_IBR Checklist_Part150522adt_revised_clean.docx
Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE Standards applicable to the storage of solid waste military munitions 266.205(c) §266(b)(vi)

X

Interpretive Comment: The Wyoming provision is a r eplacement for the Federal provision. At §266(b)(vi) Wyoming is more stringent in that it does not allow a default reinstatement if the Director does not take action on the application within 60 days.
Standards applicable to the storage of solid waste military munitions 266.205(d)(1) §266(b)(vii)

X

Interpretive Comment: At §266(b)(vii) the State language is i dentical to that in the Federal rules, except for the replacement of “RCRA Subtitle C” with a reference to the State’s Environmental Quality Act.
Standards applicable to the storage of solid waste military munitions 266.205(e) §266(b)(viii)

X

Interpretive Comment: At §266(b)(viii) Wyoming is more stringent in that any amendments to the effective date of the Department of Defense shipping controls or DDESB storage standards are not effective until approved by the Director.
What definitions apply to this subpart? 266.210 §266(a) and §266(a)(i) X

Interpretive Comment: At §266(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 theterm "You". For purposes of 40 CFR 266.210 "You" shall be a generator, treater, or other handler of lowlevel mixed waste or eligible NARM (Naturally Occu rring and/or Accelerator-produced Radioactive Material), otherwise “you” refers to any generator, treater, or handler of hazardous waste under the HWRR.

Notes: "HWRR" = Wyoming Hazardous Waste Rules and RegulationsPage 1 of 2

WYIBRHWRRC8_267_IBR Checklist_Part150522adt_revised_clean.docx
[Printed: 5/13/15] WYOMING CONSOLIDATED CHECKLIST C8 STANDARDS FOR OWNERS AND OPERATORS OF HA ZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT 40 CFR Part 267 as of January 31, 2014

Name of State: Wyoming

State Statutory Authority: W.S. 35-11-101 et seq.

Title of Regulations: Chapter 1, "General Provisions"

Effective Date: March 18, 2015

Date Checklist Completed: February 13, 2015; Revised May 22, 2015

STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT 40 CFR Part 267, (subject to exceptions and modifications below) §267(a)

X

Interpretive Comment: At §267(a), Wyoming incorporates by reference 40 CFR Part 267, except for the following provision: 40 CFR 267.150.

How do I obtain an identification number? 267.12 §267(a) and §267(a)(i) X

Interpretive Comment: At §267(a)(i) Wyoming states that the applicant must apply to the DEQ for an EPA identification number following the DEQ’s notification procedures and using EPA form 8700–12. The applicant may obtain information and required forms from the DEQ or from the EPA regional office. The EPA identification number shall be considered to be the State of Wyoming identification number for purposes of the HWRR.

What are the standards for selecting the location of my facility? 267.18(b) §267(a)(ii)

X

Interpretive Comment: Wyoming replaces the Federal provision with a State requirement. At §267(a)(ii) Wyoming is more stringent because it prohibits new facilities from locating within the boundaries of a 100- year floodplain.
What are the required emergency procedures for the emergency coordinator? 267.56(c)(2) §267(a) and §267(a)(iii) X

Interpretive Comment: At §267(a)(iii) Wyoming is more stringent because the State requires the emergency coordinator to also report his findings to the Wyoming Department of Environmental Quality (307-777-7781) in addition to the National Response Center (800-424-8802).WYOMING CONSOLIDATED CHECKLIST C8 STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE 40 CFR Part 267 as of January 31, 2014

Page 2 of 2

WYIBRHWRRC8_267_IBR Checklist_Part150522adt_revised_clean.docx
[Revised:9/20/11 ]Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE State assumption of responsibility 267.150 No State analog (See §267(a)) NA

Interpretive Comment: At §267(a) Wyoming excepts fr om the incorporation by reference 40 CFR 267.150, a provision which may be excluded from the State’s program; the State’s program is not impacted.

"PROFESSIONAL ENGINEERCERTIFICATION" - Statespecific subsection, and various Subparts of Part 267 267.117, 267.147(e), 267.191, 267.192(a), and 267.200(f) §267(a), and §267(b)

X

Interpretive Comment: At §267(b) Wyoming is more stringent because it requires professional engineers to be registered in Wyoming ("qualified registered Profe ssional Engineer") when referring to activities requiring Professional Engineer certification. This differs from the EPA phrase "qualified Professional Engineer".

Notes: "DEQ" = Wyoming Department of Environmental Quality "HWRR" = Wyoming Hazardous Waste Rules and Regulations, Chapter 1, "General Provisions"Page 1 of 2

WYIBRHWRRC9_268_IBR Checklist_Part150522adt_revised_clean.docx
[Printed: 5/13/15] WYOMING CONSOLIDATED CHECKLIST C9 LAND DISPOSAL RESTRICTIONS 40 CFR Part 268 as of January 31, 2014

Name of State: Wyoming

State Statutory Authority: W.S. 35-11-101 et seq.

Title of Regulations: Chapter 1, "General Provisions"

Effective Date: March 18, 2015

Date Checklist Completed: February 13, 2015; Revised May 22, 2015

STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE
LAND DISPOSAL RESTRICTIONS 40 CFR Part 268, (subject to exceptions and modifications below) §268(a)

X

Interpretive Comment: At §268(a), Wyoming incorporates by reference 40 CFR Part 268, except for the following provisions: 40 CFR 268.5, 268.6, 268.13, 268.42(b), 268.44(a) through (g), and 268.44(o).
State-specific language, with reference to"Procedures for caseby-case extensions to an effective date" in Federal regulations 268.5, 268.6, 268.42(b), and 268.44(a) through (g) §268(a), and §268(a)(i), and §268(a)(ii) X

Interpretive Comment: At §§268(a) and 268(a)(i) Wyoming states that the authority for implementing the provisions of the excluded sections in §268(a)(i) remains with the EPA; however, the requirements of Wyoming statutes shall be applied in all cases where t hese requirements are more stringent than the federal standards. If the Administrator of the EPA grants a case-by-case variance pursuant to 40 CFR 268.5, that variance will simultaneously create the same case-by-case variance to the equivalent requirement of these rules. At §268(a)(ii) Wyoming also states that the authority for implementing the excluded sections 268.5, 268.6, 268.42(b), and 268.44(a) through (g) remains with the U.S. Environmental Protection Agency.
Purpose, scope, and applicability 268.1(e)(3) §268(a) and §268(a)(iii) X

Interpretive Comment: At §268(a)(iii) Wyoming except s from the blanket substitution of terms found in §3 the term "EPA" in order to properly leave authority for Federal-only functions with the Federal program.
Definitions applicable to this part 268.2(j) §268(a) and §268(a)(iii) X

Interpretive Comment: At §268(a)(iii) Wyoming except s from the blanket substitution of terms found in §3 the term "EPA" in order to properly leave authority for Federal-only functions with the Federal program.
Testing, tracking, and recordkeeping requirements for 268.7(a)(9)(iii) §268(a) and §268(a)(iv) XWYOMING CONSOLIDATED CHECKLIST C9 LAND DISPOSAL RESTRICTIONS 40 CFR Part 268 as of January 31, 2014

Page 2 of 2

WYIBRHWRRC9_268_IBR Checklist_Part150522adt_revised_clean.docx
[Revised:9/20/11 ]Printed: 5/13/15] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIVALENT LESSSTRINGENT MORESTRINGENT BROADER IN SCOPE generators, treaters, and disposal facilities
Interpretive Comment: At §268(a)(iv) Wyoming excludes the term "D009" from lab packs as noted in 40 CFR Part 268, Appendix IV.
Applicability of treatment standards 268.40(b) §268(a) and §268(a)(v) X

Interpretive Comment: At §268(a)(v) Wyoming excepts fr om the blanket substitution of terms found in §3 the term "Administrator" in order to properly leave author ity for Federal-only functions with the Federal program, specifically the U.S. Environmental Protection Agency Administrator.

Notes: "DEQ" = Wyoming Department of Environmental Quality "HWRR" = Wyoming Hazardous Waste Rules and Regulations, Chapter 1, "General Provisions"Page 1 of 14

WYIBRHWRRC10_270

- 124_IBR Ch ecklist_160204adt.docx
[ Printed: 2/4/16 ] WYOMING CONSOLIDATED CHECKLIST C 10 EPA ADMINISTERED PER MIT PROGRAMS: THE HA ZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Part s 2 70 and 124 as of J anuary 31, 2014

Name of State: Wyoming

State Statutory Authority: W.S. 35

- 11

- 101 et seq.

Title of Regulations: Chapter 1, "General Provisions"

Effective Date : March 18 , 2015

Date Checklist Completed: February 13 , 2015 ; Revised May 22 , 2015 and February 4, 2016

STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROADER

IN SCOPE EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM 40 CFR Part 270

, (subject to exceptions and modifications below) § 270(a )

X

Interpretive Comment: At §270(a), Wyoming incorporates by reference 40 CFR Part 270, except for the following provisions: 270.1(c)(1)(iii), 270.1(c)(2)(ix), 270.11(d)(2), 270.13(k)(7), 270.14(b)(18), 270.42(l), 270.42 (Appendix I, Part A, Entries 9 and 10, and Part O(1)(a)

- (d)), 270.51, 270.60(a), 270.64, 270.68, 270.73(a), Subpart H (40 CFR 270.79

- 270.230), 270.260(h), and 270.290(r) Note that at §270(a)(iv) Wyoming excepts the 40 CFR 270.2 definition “Remedial Action Plan (RAP)” from the incorporation by reference. Purpose and scope of these regulations 270.1(b) and 270.1(c)(7) § 270(a)

,

§ 270(a)(ii)

, and §270(a)(iii) X

Interpretive Comment: At § 270(a)(ii) Wyoming inserts the sentence "The notification shall state the location and general description of the type of activity and the identified or listed wastes being handled" after the first sentence in the section. At §270(a)(iii) Wyoming states that at the discretion of the Director, an owner or operator may obtain, in lieu of a post

- closure permit, an enforceable document, imposing the requirements of 40 CFR 265.121. Purpose and scope 270.1(c)(1)(iii) No State analog (See §270(a)) NA Interpretive Comment: At §270(a) Wyoming excludes 40 CFR 270.1(c) (1) (iii) from the incorporation because it addresses ocean disposal operations and does not apply to facilities in Wyoming

. Purpose and scope 270.1(c)(2)(ix) No State analog (See §270(a)) NA Interpretive Comment: Wyoming excludes 40 CFR 270.1(c)(2)(ix) from the incorporation because the provision applies to a facility located in the State of New York. Definitions 270.2 “Approved program or approved State”, “Director”, “Final authorization”,

“ Interim authorization”, §270(a) and

§ 270(a)(iv)

XWYOMING CONSOLIDATED CHECKLIST C10 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Parts 270 and 124 as of January 31, 2014

Page 2 of 14

WYIBRHWRRC10_270

- 124_IBR Checklist_160204adt.docx

Printed: 2/4/16 ] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROADER

IN SCOPE “Major facility”, “Permit”, “State”, and “State/EPA Agreement” Interpretive Comment: At § 270(a)(iv) Wyoming states that the definitions "Approved program or approved State", "Director", "Final authorization", "Interim authorization", "Major facility", "Permit", "State", and "State/EPA Agreement" shall be defined as in 40 CFR 270.2. Definitions 270.2 “EPA”, “Administrator”, and “Regional Administrator” §270(a) and

§ 270(a)(i) X

Interpretive Comment: At §270(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 the terms "EPA", "Administrator", and "Regional Administrator" in order to properly leave authority for Federal

only functions with the Federal program. At §270(a)(i) "EPA" s hall be defined as the U.S. Environmental Protection Agency, and “Administrator” or “Regional Administrator” shall be defined as the U.S. Environmental Protection Agency Region 8 Regional Administrator

. Definitions 2 70.2 “existing hazardous waste management (HWM) facility” or “existing facility” §27 0(a)( v) X

Interpretive Comment: At §270(a)(v), Wyoming has adopted a restructured verbatim analog to the Federal definition to make the definition clearer to the regulated community. Definitions 270.2 “Remedial Action Plan” § 270(a) (iv) X Interpretive Comment: The definition "Remedial Action Plan (RAP)" as defined in 40 CFR 270.2 is not adopted by the State , making Wyoming more stringent because it does not adopt the less stringent Remedial Action Plan alternate permit for remediation waste management sites. Noncompliance and program reporting by the Director 270.5 §270(a) and § 270(a)(i) X

Interpretive Comment: At §270(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 the terms "EPA", "Administrator", and "Regional Administrator" in order to properly leave authority for Federal

only functions with the Federal program. "EPA" is defined as t he U.S. Environmental Protection Agency, and “Administrator” or “Regional Administrator” is defined as the U.S. Environmental Protection Agency Region 8 Regional Administrator

. General application requirements 270.10(e)(2) §270(a) and §270(a)(i) X
Interpretive Comment: At §270(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 the terms "EPA", "Administrator", and "Regional Administrator" in order to properly leave authority for Federal

only functions with the Federal program. "EPA" is defined as the U.S. Environmental Protection Agency, and “Administrator” or “Regional Administrator” is defined as the U.S. Environmental Protection Agency Region 8 Regional Administrator

. General application requirements 270.10(e)(3) §270(a)(vi) XWYOMING CONSOLIDATED CHECKLIST C10 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Parts 270 and 124 as of January 31, 2014

Page 3 of 14

WYIBRHWRRC10_270

- 124_IBR Checklist_160204adt.docx

Printed: 2/4/16 ] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROADER

IN SCOPE Interpretive Comment: §270(a)(vi) is a replacement for 40 CFR 270.10(e)(3). Wyoming adds State statutory language to the effect that the Administrator or the Director may, by compliance order issued under W.S. 35

- 11

- 503(d); Articles 7 and 9 of the Act; or RCRA Section 3008, extend the date by which the owner and operator of an existing HWMF must submit Part A of their permit application. General application requirements 270.10(f)(2) §270(a) and §270(a)(vii) X
Interpretive Comment: At §2 70 (a)(v ii ) Wyoming requires that the application for permits shall be submitted to the Director. General application requirements 270.10(f)(3) § 270(a)(viii) X Interpretive Comment: § 270(a)(viii) is a replacement 40 CFR 270.10(f)(3). Wyoming states that notwithstanding 40 CFR 270.10(f)(1), a person may construct a facility for the incineration of polychlorinated biphenyls pursuant to an approval issued by the Director under Article 2 of the Act and by the EPA Administrator under Section 6(e) of the Toxic Substances Control Act and any person owning or operating such a facility may, at any time after construction or operation of such facility has begun, file an application for a State H WMF permit to incinerate hazardous waste authorizing such facility to incinerate waste identified or listed under these rules. General application requirements 270.10(g)(1)(i) and (ii) § 270(a)(ix) X Interpretative Comment: § 270(a)(ix) is a more stringent replacement for 40 CFR 270.10(g)(1)(i) and (ii). Wyoming states that if any owner or operator of a hazardous waste management facility has filed Part A of a permit application and has not yet filed Part B, the owner or operator shall file an amended Part A application with the Director and the EPA Regional Administrator, within six (6) months after the promulgation of revised federal regulations promulgated under HSWA listing or identifying additional hazardous wastes, if the facility is tr eating, storing, or disposing of any of those newly listed or identified wastes. General application requirements 270.10(j) § 270(a)(x) X Interpretative Comment: § 270(a)(x) is a replacement for 40 CFR 270.10(j). Wyoming is more stringen t in that it also requires owners or operators of incinerators and burners to submit exposure information. The Federal regulations only subject owners or operators of surface impoundments and landfills to the exposure assessment requirements. General application requirements 270.10(l) § 270(a) and § 270(a)(xi) X
Interpretative Comment: At § 270(a)(xi) Wyoming states that the Director may require that the application demonstrate compliance with specific provisions of the Act, and specific designated rules of the Solid and Hazardous Waste, Water Quality, and Air Quality Divisions of the DEQ

. Signatories to permit applications and reports 270.1 1 (a) § 270(a), § 270(a)(i), and § 270(a)(xiii) X

Interpretative Comment: At §270(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 the terms "EPA", "Administrator", and "Regional Administrator" as used in 40 CFR 270.11(a)(3) in order to properly leave authority for Federal

- only functions with the Federal program. "EPA" is defined as the U.S. Environmental Protection Agency, and “Administrator” or “Regional Administrator” is defined as the U.S.WYOMING CONSOLIDATED CHECKLIST C10 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Parts 270 and 124 as of January 31, 2014

Page 4 of 14

WYIBRHWRRC10_270

- 124_IBR Checklist_160204adt.docx

Printed: 2/4/16 ] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROADER

IN SCOPE Environmental Protection Agency Region 8 Regional Administrator . At §270(a)(xiii) Wyoming replaces the Federal te rm "responsible" with the term "principal". Signatories to permit applications and reports 270.1 1 (d)(1) § 270(a) and § 270(a)( xii) X

Interpretative Comment: At §270(a)(xii) Wyoming requires that all applications shall be signed under oath subject to a penalty by perjury, thus making the State more stringent

. Signatories to permit applications and reports 270.11(d)(2) No State analog (See § 270(a) ) X

Interpretative Comment: At §270(a) Wyoming is more stringent because it has chosen not to adopt the November 30, 1998 final rule provisions of the Remedial Action Plan alternate permit for remediation waste management sites , including 40 CFR 270.11(d)(2)

, which were considered to be less stringent relative to signatures on certification documents (Revision Checklist 175, 63 FR 65874). Confidentiality of information 270.12(a) § 270(a)(xiv) X
Interpretive Comment: §270(a)(xiv) is a replacement for 40 CFR 270.12(a). Wyoming c larifies its regulations by specifying that “[ U ] pon a showing satisfactory to the Director, confidential business information will not be made available to the public pursuant to the Wyoming Public Records Act , W.S. 16

- 4

- 201 et. seq. " Contents of part A of the permit application. 270.13(k)(7) No State analog (See §270(a)) NA Interpretative Comment: At §270(a) Wyoming excludes 40 CFR 270.13(k)(7) from the incorporation because it concerns ocean dumping permits and does not apply to Wyoming. Contents of part A of the permit application. 270.13 related and 270.13(l) § 270(c) X
Interpretive Comment: At § 270(c)(i)(A) Wyoming has a State

- only provision that is more stringent because the State requires under Part A of the permit application that the applicant provide information regarding the applicant's history of convictions relating to environmental or racketeering charges. There is no direct federal analog for this requir ement. At § 270(c)(i)(B) Wyoming is more stringent than 40 CFR 270.13(l) in that it requires a one

- mile (versus 1/4

- mile in the federal code) boundary for the locations of wells, springs, surface water, etc. shown on the topographic map submitted under Pa rt A of the application. Contents of part B: General requirements 270.14(a) §270(a) and §270(j) X
Interpretative Comment: At §270(j) Wyoming is more stringent because it requires professional engineers to be registered in Wyoming ("qualified registered Professional Engineer") when referring to activities requiring Professional Engineer certification. This differs from the EPA phrase "qualified Professional Eng ineer". Contents of part B: General requirements 270.14(b)(18) No State analog ( See §270(a) ) NA Interpretative Comment: At §270(a) Wyoming excludes 40 CFR 270.14(b)(18) from the incorporation by reference because it addresses State financial mechanisms in unauthorized States. Contents of part B: General requirements 270.14(b)(11)

– (11)(iii) § 270(d)(i)

– (i)(C)

and §270(k) XWYOMING CONSOLIDATED CHECKLIST C10 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Parts 270 and 124 as of January 31, 2014

Page 5 of 14

WYIBRHWRRC10_270

- 124_IBR Checklist_160204adt.docx

Printed: 2/4/16 ] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROADER

IN SCOPE Interpretative Comment: The Wyoming provisions replace the Federal provisions at 40 CFR 270.14(b)(11). Wyoming is also more stringent at §270(d)(i)(A) because it requires additional information concerning the facility location "sufficient to demonstrate compliance with all of the more stringent applicable location standards specified in Sections 264, 267, a nd 270 of these rules." The federal code only requires that political jurisdiction be identified, so that the applicability of the seismic standard can be determined. Wyoming is more stringent than 40 CFR 270.14(b)(11)(ii) at §270(d)(i)(B) in that it re quires that the information provided to demonstrate compliance with the seismic standard must be acceptable to professional geologists. Wyoming is also more stringent because at §270(k) the professional geologist must be registered in the State of Wyoming

. The federal code only states that this information must be acceptable to geologists. Finally, at § 270(d)(i)(C) Wyoming is more stringent in that the methods used to determine the 100

- year floodplain must be approved by the Director. Information shall al so be provided identifying the 100

- year flood level and any other special flooding factors (e.g., wave action) which must be considered in designing, constructing, operating, or maintaining the facility to withstand washout from a 100

- year flood. Contents of part B: General requirements 270.14(b)(19)(v) § 270(a) and § 270(a)(xv) X
Interpretative Comment: At §270(a)(xv) Wyoming requires that the term "representative" be inserted before the term "wind rose". Contents of part B: General requirements 270.14(b)(20) § 270(a)(xvi) X Interpretative Comment: §270(a)(xvi) is a replacement for 40 CFR 270.14(b)(20). Wyoming states that applicants may be required to submit such information as may be necessary to enable the Director to carry out his or her duties under other aspects of the Act and other federal laws as required in 40 CFR 270.3. State

- Only Provision: Health Risk Assessment 270.14 related §270(l) X

Interpretative Comment: At §270(l) Wyoming is more stringent in that it adds additional provisions requiring a health risk assessment based on health risks associated with normal operation or failure of a HWMF pollution control or containment system. State

- Only Provision: Management and Technical Capabilities of the Owner and Operator 270.14 related §270(m)

X

Interpretative Comment: At §270(m) Wyoming is more stringent in that it requires information concerning the management and technical capabilities of the owner and operator in addition to the training requirements in the Federal provisions. Specific part B information requirements for tank systems 270.16(a) § 270(a) and § 270(j) X

Interpretive Comment: At §270(j) Wyoming is more stringent because it requires professional engineers to be registered in Wyoming ("qualified registered Professional Engineer") when referring to activities requiring Professional Engineer certification. This differs from the EPA phrase "qualified Professional Eng ineer". Special part B information 270.26(c)(15) § 270(a) and § 270(j) XWYOMING CONSOLIDATED CHECKLIST C10 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Parts 270 and 124 as of January 31, 2014

Page 6 of 14

WYIBRHWRRC10_270

- 124_IBR Checklist_160204adt.docx

Printed: 2/4/16 ] STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION EQUIV

ALENT LESS

STRIN

GENT MORE

STRIN

GENT BROADER

IN SCOPE requirements for drip pads Interpretive Comment: At §270(j) Wyoming is more stringent because it requires professional engineers to be registered in Wyoming ("qualified registered Professional Engineer") when referring to activities requiring Professional Engineer certification. This differs from the EPA phrase "qualified Professional Eng ineer". Part B information requirements for post

closure permits 270.28 § 270(a) and § 270(a)(xvii) X

Interpretive Comment: At § 270(a)(xvii) Wyoming replaces the term "Regional Administrator" with the term "Director". Conditions applicable to all permits 270.30(l)(6) 270(e) X
Interpretive Comment: §270(e) is a replacement for 40 CFR 270.30(l)(6). Wyoming is more stringent because at §270(e) (i)(A)(I) (analogous to 40 CFR 270.20(l)(6)(i)(A)) the State requires the permittee to report any release or discharges of hazardous waste regardless of whether it may cause an endangerment to the public water supplies. Conditions applicable to all permits 270.30 §270(a) and § 270(a)(xviii) X

Interpretive Comment: At §270(a)(xviii) Wyoming states that the Director shall specify any additional standards, together with the justification therefore, as the Director believes necessary to carry out the purposes of the Act. Establishing permit conditions 270.32

– (c)

, § 270(a), § 270(a)(i)

, and § 270(a)(xviii) X

Interpretive Comment: At §§270(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 the terms "EPA", "Administrator", and "Regional Administrator" in order to properly leave authority for Federal

- only functions with the Federal program as they relate to 40 CFR 270.32(a), (b)(2) and (c)

. "EPA" is defined as the U.S. Environmental Protection Agency, and “Administrator” or “Regional Administrator” is defined as the U.S. Environmental Protec tion Agency Region 8 Regional Administrator. At §270(a)(xviii) Wyoming modifies its incorporation by reference of 40 CFR 270.32(b) by stating that the Director shall specify any additional standards, together with the justification therefore, as the Direc tor believes necessary to carry out the purposes of the Act. Transfer of permits 270.40 § 270(b) X Interpretive Comment: §270(b) is Wyoming’s replacement for 40 CFR 270.40. At §270(b)(i) the State language is identical to the Federal rules. At § 270 (b)(ii) (analog to 40 CFR 270.40(b)) Wyoming is more stringent in that it adds the requirement that any person who gains ownership or operational control of a facility through a transfer, must have the Director's approval that they meet the qualifications for owners and operators under the State

- only provisions in Sections 270(m) and 270(n) of this Chapter. The State also requires a written agreement between the current owner and the new owner specifying the date of transfer of responsibility, however, Wyo ming requires that the written agreement contain signed and notarized documentation that the new owner wi ll be bound to, and responsible for, the permit provisions. Permit modification at the request of the permittee 270.42(g)(1) and 270.42 (g)(1)(i) § 270(a)(xix) XWYOMING CONSOLIDATED CHECKLIST C10 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Parts 270 and 124 as of January 31, 2014

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IN SCOPE Interpretive Comment: At §270(a)(xix) Wyoming replaces the Federal language with equivalent State language that states that the permittee is authorized to continue to manage wastes listed or identified as hazardous under 40 CFR Part 261, or to continue to manage hazardous waste in units newly regulated as hazardous waste management units, if the unit was in existence and has a State permit issued under Articles 2, 3, 4 or 5 of the Act as a hazardous waste facility with respect to the newly listed or characterized waste or newly regulated waste management unit on the effective date of the final rule listing or identifying the waste, or regulating the unit. Permit modification at the request of the permittee 270.42(j)(3) §270(a) and § 270(a)(xx) X

Interpretative Comment: At § 270(a)(xx) Wyoming is more stringent because Wyoming requires the Director to provide a response to a permit modification request within 90 days ("Combustion facility changes to meet part 63 MACT standards"). Unlike the federal rules, the regulated community may not rely on an absence of

an approval after 90 days have elapsed as being a tacit approval under the State's regulation. Performance Track Member Facility Requirement 270.42(l) No State analog (See § 270(a)) NA

Interpretative Comment: The Federal provision addresses a requirement for Performance Track mem ber facilities. Wyoming excludes this provision from the incorporation by reference because EPA has terminated the Performance Track program. Permit Modification

– Definition of Solid Waste Rule Requirement 270.42, Appendix I, Part A, Entries 9 and 10 No State analog

(See § 270(a)) X

Interpretative Comment: Part A, Entries 9 and 10 of 40 CFR 270.42 Appendix I were added by the Definition of Solid Waste final rule. Wyoming is more stringent because the State has not adopted the Federal provisions addressing the definition of solid waste which excludes from the definition of hazardous waste, hazardous secondary materials which meet certain requirements. Performance Track Member Facility Requirement 270.42, Appendix I, Part O(1)(a)

- (d) No State analog

(See § 270(a)) NA

Interpretative Comment: The Federal provision addresses a requirement for Performance Track member facilities. Wyoming excludes this provision from the incorporation by reference because EPA has terminated the Performance Track program. Termination of permits 270.43 § 270(f) X Interpretive Comment: §270(f) is Wyoming’s replacement language for 40 CFR 270.43. At § 270(f)(i)(D) Wyoming adds State

- specific language "If the continued operation is inconsistent with the policy and purposes of the Act." At §270(f)(ii) Wyoming modifies the Federal language to : " The Director will follow the applicable procedures in 40 CFR 124 in terminating any permit under 40 CFR 270.43. " "PERMIT ISSUANCE" in HWRR No Federal equivalent in 40 CFR Part 270 [See RCRA § 3005(c)(3)] § 270(g) XWYOMING CONSOLIDATED CHECKLIST C10 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Parts 270 and 124 as of January 31, 2014

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IN SCOPE Interpretive Comment: At §270(g) Wyoming includes the following language not found in the 40 CFR but which is consistent with and equivalent to language found in RCRA 3005(c)(3) : " Nothing shall preclude the Director from reviewing and modifying a permit at any time during its term. Review of any application for a permit renewal shall consider improvements in the state of control and measurement technology as well as changes in appl icable regulations. Each permit issued under W.S. 35

- 11

- 503(d) and RCRA Section 3005 shall contain terms and conditions as the Director determines necessary to protect human health and the environment. " Continuation of Expiring Permits 270.51 No State analog (See § 270(a)) NA

Interpretive comment: Wyoming excludes 40 CFR 270.51 from the incorporation by reference of 40 CFR Part 270 because it is not required for authorization. Permits by Rule 270.60(a) No State analog (See § 270(a)) NA

Interpretive comment: Wyoming excludes 40 CFR 270.60(a) from the incorporation by reference of 40 CFR Part 270 because it addresses requirements for ocean disposal barges and vessels. The provision does not apply to Wyoming. Interim Permits for UIC We lls 270.64 No State analog (See § 270(a)) NA

Interpretive comment: Wyoming excludes 40 CFR 270.64 from the incorporation by reference of 40 CFR Part 270 because it addresses UIC requirements within a State in which no UIC program has been approved or promulgated. The provision does not apply to Wyoming.
Remedial Action Plans (RAPs) 270.68 No State analog (See § 270(a)) X
At §270(a) Wyoming is more stringent because it has chosen not to adopt the November 30, 1998 final rule provisions of the Remedial Action Plan alternate permit for remediation waste management sites which were considered to be less stringent than the existing Federal regulations (Revision Checklist 175, 63 FR 65874). Qualifying for interim status 270.70(a), 270.70(a)(1), and 270.70(a)(2) §270(h) X

Interpretive Comment: At §§270(h) Wyoming is more stringent because the State uses the phrase "shall be eligible to receive interim status" versus the federal phrase "shall have interim status." Additionally, Wyoming also states that the Director determines if the owner or operator has complied with the necessary requirement. This makes Wyoming more stringent as receiving interim sta tus is not as "automatic" as it is under federal requirements. At §270(h)(i)(A), Wyoming also adds a reference to Wyoming statute "W.S. 35

- 11

- 503(d)" to the Federal language after the reference to "section 3010(a) of RCRA". Operation during interim status 270.71 §270(i) X
Interpretive Comment: At §270(i)(i)(D) Wyoming includes the State

- specific language " Operate in any manner which has not been previously authorized by a permit issued under Articles 2, 3, 4, and/or 5 of the Act, if applicable " under 40 CFR 270.71(a). Additionally at § 270(i)(ii) Wyoming references "Articles 2, 3, 4, and/or 5 of the Act" in addition to the Federal reference to 40 CFR Part 265 for 40 CFR 270.71(b). Changes during interim status 270.72(a)(5) and 270.72(b)(5) §270(a) and

§270(a)(i) XWYOMING CONSOLIDATED CHECKLIST C10 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Parts 270 and 124 as of January 31, 2014

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IN SCOPE Interpretive Comment: At §270(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 the terms "EPA", "Administrator", and "Regional Administrator" in order to properly leave authority for Federal

only functions with the Federal program. At §270(a) (i) "EPA" is defined as the U.S. Environmental Protection Agency, and “Administrator” or “Regional Administrator” is defined as the U.S. Environmental Protection Agency Region 8 Regional Administrator. Termin ation of interim status 270.73(a) No State analog (See §270(a)) X
Interpretive Comment: At §270(a) Wyoming is more stringent because it has chosen not to adopt the November 30, 1998 final rule provisions of the Remedial Action Plan alternate permit for remediation waste management sites which were considered to be less stringent than the existing Federal regulations (Revision Checklist 175, 63 FR 65874). Subpart H

— Remedial Action Plans (RAPs) 270.79

- 270.230 No State analog (See §270(a) ) X Interpretive Comment: At §§270(a) Wyoming is more stringent because it has chosen not to adopt the November 30, 1998 final rule provisions of the Remedial Action Plan alternate permit for remediation waste management sites which were considered to be les s stringent than the existing Federal regulations (Revision Checklist 175, 63 FR 65874). Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers and hydrochloric acid production furnaces to minimize e missions from startup, shutdown, and malfunction events 270.235(a)(1)(iii) (A), 270.235(a)(2)(iii) (A), and 270.235(b)(1)(ii) §270(a) and

§270(a)(i) X

Interpretive Comment: At §270(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 the terms "EPA", "Administrator", and "Regional Administrator" in order to properly leave authority for Federal

only functions with the Federal program. At §270(a)(i) "EPA" i s defined as the U.S. Environmental Protection Agency, and “Administrator” or “Regional Administrator” is defined as the U.S. Environmental Protection Agency Region 8 Regional Administrator

. Remedial Action Plan Requirement 270.260(h) Not State analog (See §270 (a)) NA
Interpretative Comment: The Federal provision excludes 40 CFR 270, Subpart H (Remedial Action Plans) from the requirements which apply to standardized permits. Wyoming excludes the provision from the incorporation by reference because the State did not adopt the Remedial Action Plan requirements. State Financial Mechanism 270.290(r) Not State analog (See §270 (a)) NA
Interpretative Comment: At §270(a) Wyoming excludes 40 CFR 270.290(r) from the incorporation by reference because it references 40 CFR 267.150 which address es State financial mechanisms in unauthorized States. State

- specific, "THE APPLICANT SHALL No Federal analog §270(n) XWYOMING CONSOLIDATED CHECKLIST C10 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Parts 270 and 124 as of January 31, 2014

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WYIBRHWRRC10_270

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IN SCOPE DEMONSTRATE FITNESS TO COMPLY WITH THE ACT AND THESE RULES" Interpretive Comment: At §270(n) Wyoming is broader

- in

- scope because the State requires the applicant to demonstrate his/her fitness to meet the requirements for a hazardous waste permit. There is no such requirement in the Federal regulations. "INTERIM STATUS CORRECTIVE ACTION ORDERS" RCRA §3008(h)(1) and RCRA § 3008(h)(2) §270(o) X

Interpretive Comment: At §270(o)Wyoming has adopted language found in the RCRA Act regarding issuance of orders requiring corrective action and the initiation of civil actions under the State’s Act. "IMMINENT HAZARD" RCRA §7003(a) §270(p) X Interpretive Comment: At §270(p) Wyoming has adopted language found in the RCRA Act regarding the issuance of orders in the case of any waste materials or hazardous wastes that may pose an imminent and substantial endangerment to public health or the environment. "MONITORING, ANALYSIS AND TESTING" RC RA §3013 §270(q) X

Interpretive Comment: At §270(q)Wyoming has adopted language found in the RCRA Act related to the issuance of orders requiring the owner and operator of facilities or sites to conduct monitoring, analysis, and testing that the Director deems reasonable to ascertain the nature and extent of hazards. At §270(q)(iv) the Director is authorized to conduct monitoring, analysis, and testing or authorize a local a uthority or other person to carry out such actions. At §270(q)(v) the Director may also commence a civil action against any person who fails or refuses to comply with any order issued under this section. PROCEDURES FOR DECISIONMAKING 40 CFR Part 124, Sub parts A, B and G, (subject to exceptions and modifications below) § 124(a) X

Interpretive Comment: At §124(a), Wyoming incorporates by reference 40 CFR Part 124, Subparts A, B, and G, except for the following provisions: the fourth sentence of 40 CFR 124.31(a) ; the third sentence of 40 CFR 124.32(a) ; the seco nd sentence of 40 CFR 124.33(a); and 40 CFR Sections 124.1, 124.4, 124.5(c), 124.5(e)

- (g), 124.6(c), 124.6(d)(4)(ii)

- (v), 124.8(b)(3), 124.8(b)(8), 124.9(b)(6), 124.10(a)(1)(iv)

- (v), 124.10(c)(1)(i v)

- (viii), 124.10(c)(2)(i), 124.10(d)(1)(vii)

- (viii), 124.10(d)(2)(iv), 124.12(b), 124.15(b)(2), 124.16, 124.18(b)(5), 124.19, 124.21, 124.204(d)(1) and (4), 124.205(a) and (h). Wyoming excludes the Federal provisions listed above from the incorporation by reference of 40 CFR Parts A

, B and G because the provisions are either not required for authorization, or are provisions that address environmental programs outside of RCRA. Subpart A

— General Program Requirements 124.3(a)(1) §124(b)(i) X
Interpretive Comment: §124(b)(i) replace s the Federal provision at 40 CFR 124.3(a)(1)

. Wyoming removes the Federal language related to UIC, NPDES, and PSD programs, as these programs have been exceptedWYOMING CONSOLIDATED CHECKLIST C10 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Parts 270 and 124 as of January 31, 2014

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IN SCOPE from the State regulations. Note that the State is m ore stringent in that the introductory paragraph specifies that one copy of the completed & signed application be organized in 3

- ring binders when submitted to the Director. Subpart A

— General Program Requirements 124.3(c) §124(b)(ii) X
Interpretative Comment: §124(b)(ii) replaces the Federal provision at 40 CFR 124.3(c). Wyoming removes the Federal language related to UIC, NPDES, and PSD programs, as these programs have been excepted from the State regulations. Subpart A

— General Progr am Requirements 124.3(f) §124(b)(iii) , first sentence X

Interpretative Comment: The Wyoming provision is an equivalent replacement for the Federal provision 40 CFR 124.3(f)

. State

- only provision: Subpart A

— General Program Requirements 124.3 related §124(b)(iii), second sentence and 124(b)(iii)(A)

- (C) X

Interpretative Comment: Wyoming requires the permittee to provide public notice upon receipt of notice from the Director that the permit application is complete. This is a public notice requirement in addition to the 40 CFR 124.32(b) public notice requirement for the Director. The additional requirement makes Wyoming more stringent. State

- only provision: Subpart A

— General Program Requirements 124.3 related §124(b)(iv) X

Interpretative Comment: Wyoming requires that once an application is complete the Director must “conduct a technical review of the application within 90 days of the effective date of the application or an alternate date agreed upon by the Director and the applicant.” The State

- only provision is more stringent ; t here is no such deadline requirement in the Federal regulations. Modification, revocation and reissuance, or termination of permits 124.5(a), 124.5(b), 124.5(c)(1)

– ( 3), and 124.5(d) §124(c) X

Interpretive Comment: The Wyoming provisions replace the Federal provisions. At §124(c), §124(c)(i), §124(c)(ii), §124(c)(iii), and §124(c)(iv) Wyoming has retained language which is largely identical to the Federal, with the exception of reference to Wyoming statute s in the l ast sentence of § 124(c)(ii) ( otherwise analog ous to 40 CFR 124.5(b) ) , which states " An appeal may be taken in accordance with W.S. 35

- 11

- 112(a)(iii) and the provisions of the Wyoming Administrative Procedures Act. ". Permit Modification 124.5 related §124(a)( i v) X
Interpretive Comment: At §124(a)(iv) Wyoming has State

- specific language to the effect that "All permit termination procedures shall be accomplished in accordance with the requirements of the Wyoming Administrative Procedures Act." . State

- only Provision: Closure Following Permit Termination 124.5 related §124(a)(v) XWYOMING CONSOLIDATED CHECKLIST C10 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Parts 270 and 124 as of January 31, 2014

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IN SCOPE Interpretive Comment: At §124(a)(v) Wyoming has State

- specific language that authorizes facility closure by the DEQ following permit termination. This last provision is more stringent because Federal rules do not give the Director this authority. Draft permits 124.6(e) §124(a), §124(a)(i)

, and §124(b)(v) X

Interpretive Comment: At §124(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 the terms “EPA”, “Administrator, or Regional Administrator” in order to properly leave authority for Federal

- only functions with the Federal program. T hese terms are defined as the U.S. Environmental Protection Agency and the U.S. Environmental Protection Agency Region 8 Regional Administrator, respectively. At §124(b)(v) Wyoming has included State

- specific language regarding fact sheets/statements of b asis, public notices, and appeals of determinations. The State has also removed Federal references to NPDES, UIC, and PSD programs, which are excepted by the HWRR. Administrative record for draft permits when EPA is the permitting authority 124.9(b)(5) §124(a) and §124(b)(vi) X

Interpretive Comment: At §124(b)(vi)(A) Wyoming has modified the Federal provision by specifying State

specific language regarding administrative records for draft permits, including the term "non

- confidential", which is not found in the Federal rules. Public notice of permit actions and public comment period, Issuance and effective date of permit 124.10(b ) and 124.10(b)(1) §124(a),

§124(a)(i), §124(a)(ii), and §124(d)(i) X

Interpretive Comment: At §124(a)(i) Wyoming excepts from the blankets substitution of terms found in §3 the terms “EPA”

, “Administrator , or Regional Administrator” in order to properly leave authority for Federal

only functions with the Federal program. These terms are defin ed as the U.S. Environmental Protection Agency and the U.S. Environmental Protection Agency Region 8 Regional Administrator, respectively. At §124(a)(ii) Wyoming deletes the last sentence, as it addresses NPDES permits. The State’s provision at § 124(d) (i) replaces the Federal 40 CFR 124.10(b)(1) requirement. Wyoming is more stringent because it requires public notice within 15 days of the preparation of a draft permit. Public notice of permit actions and public comment period,
Issuance and effective date of permit 124.10(c)(1)(ii) §124(a) and §124(a)(i) X

Interpretive Comment: At §124(a)(i) Wyoming excepts from the blankets substitution of terms found in §3 the terms “EPA”

, “Administrator , or Regional Administrator” in order to properly leave authority for Federal

only functions with the Federal program. These terms are defined as the U.S. Environmental Protection Agency and the U.S. Environmental Protection Agency Region 8 Regional Administrator, respectively. Public notice of permit actions and public comment period, Issuance and effective date of permit 124.10(c)(2)(ii) §124(d)(ii) XWYOMING CONSOLIDATED CHECKLIST C10 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Parts 270 and 124 as of January 31, 2014

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IN SCOPE Interpretive Comment: At §124(d)(ii) Wyoming replaces the Federal requirement with a State requirement. Wyoming is more stringent at §124(d)(ii) because it requires publication of a notice for all RCRA permits once a week for two consecutive weeks, versus one notice required by federal regulation. Public hearings 124.12(a)(1), 124.12(a)(2) §124(e)(i) and

§124(e)(ii) X

Interpretive Comment: At § § 124(e)(i) and 124(e)(ii)Wyoming replaces the Federal requirement with a State equivalent. Wyoming has included State

- specific language referencing Chapter 3 of the DEQ's Rules of Practice and Procedure. Public hearings 124.12(a)(3)(i), (ii) & (a)(4) §124(e)(iii) X
Interpretive Comment: At §124(e)(iii) Wyoming is more stringent than 40 CFR 124.12(a)(3)(ii) in that the State requires a hearing to be scheduled within 20 days after the close of the public comment period unless a different schedule is deemed necessary by the Council. Wyoming is also more stringent than 40 CFR 124.12(a)(4) in that the State requires a public noti ce published once a week for two consecutive weeks immediately prior to the hearing in the county where the applicant plans to locate the facility. Public hearings 124.12(c), second sentence §124(e)(iv) X
Interpretive Comment: Wyoming has chosen to adopt a Federal provision that is not required for authorization. At §124(e)(iv) Wyoming, like Federal, provides for automatic extension of the public comment period to the close of the public hearing. Public hearings 124.12 related §124(e)(v) X Interpretive Comment: At §124(e)(v) Wyoming provides State

- specific language regarding further proceedings as provided in the DEQ's Rules of Practice and Procedures. Obligation to raise issues and provide information during the public comment period 124.13 §124(d)(iii) X

Interpretive Comment: At §124(d)(iii) Wyoming replaces the Federal language with equivalent language, except that Wyoming provides for "a comment period longer than 45 days" versus "a comment period longer than 30 days" found at 40 CFR 124.13. Issuance and effective date of permit 124.15(a) §124(d)(iv) X
Interpretive Comment: At §124(d)(iv) Wyoming replaces the Federal language with equivalent language and removes the Federal language at 40 CFR 124.15(a) which references UIC, PSD, or NPDES permit s, as these permits have been excepted in the HWRR. Appeal of RCRA, UIC, NPDES and PSD Permits 124.19 §124(a), §124(a)(iii)

, and §124(f) X

Interpretive Comment: At §124(a) Wyoming excludes 40 CFR 124.19 from the incorporation by reference and, at §124(a)(iii) references § 124(f) where Wyoming adopts a State analog to the Federal provision. Wyoming provides State

- specific language regarding a ppeal procedures of final permits or permit conditions under the Wyoming Administrative Procedures Act.WYOMING CONSOLIDATED CHECKLIST C10 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM AND PROCEDURES FOR DECISIONMAKING 40 CFR Parts 270 and 124 as of January 31, 2014

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IN SCOPE What is a RCRA standardized permit? 124.200(a) §124(g) and §124(g)(i) X

Interpretive Comment: At § §124(g) and 124(g)(i) Wyoming provides language regarding Standardized Permits which is equivalent to the Federal regulations. The Standardized Permit regulations are new to Wyoming with this revision of the HWRR (Revision 6). Notes: "DEQ" = Wyoming Department of Environmental Quality "HWRR" = Wyoming Hazardous Waste Rules and RegulationsPage 1 of 1

WYIBRHWRRC11_273_IBR Checklist_Part150522adt_revised_clean.docx
[Printed: 5/13/15] WYOMING CONSOLIDATED CHECKLIST C11 STANDARDS FOR UNIVERSAL WASTE MANAGEMENT 40 CFR Part 273 as of January 31, 2014

Name of State: Wyoming

State Statutory Authority: W.S. 35-11-101 et seq.

Title of Regulations: Chapter 1, "General Provisions"

Effective Date: March 18, 2015

Date Checklist Completed: February 13, 2015; Revised May 22, 2015

STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE
CITATION EQUIVALENT LESS
STRINGENT MORE
STRINGENT BROADER IN
SCOPE

STANDARDS FOR UNIVERSAL WASTE MANAGEMENT 40 CFR Part 273 (subject to modifications below) §273(a) X

Accumulation time limits 273.15(c)(2) §273(a) and §273(a)(ii) X

Interpretive Comment: At §273(a)(ii) Wyoming inserts the term "lam p" after the term "battery" for clarity.

Notification 273.32(a)(3) §273(a) and §273(a)(i) X

Interpretive Comment: At §273(a)(i) Wyoming excepts from the blanket substitution of terms found in §3 the term "EPA" in order to properly leave authority for Federal-only functions with the Federal program.Page 1 of 1

WYIBRHWRRC12_279_IBR Checklist_Part150522adt_revised_clean.docx
[Printed: 5/13/15] WYOMING CONSOLIDATED CHECKLIST C12 STANDARDS FOR THE MANAGEMENT OF USED OIL 40 CFR Part 279 as of January 31, 2014

Name of State: Wyoming

State Statutory Authority: W.S. 35-11-101 et seq.

Title of Regulations: Chapter 1, "General Provisions"

Effective Date: March 18, 2015

Date Checklist Completed: February 13, 2015; Revised May 22, 2015

STATE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE
CITATION EQUIVALENT LESS
STRINGENT MORE
STRINGENT BROADER IN
SCOPE

STANDARDS FOR THE MANAGEMENT OF USED OIL 40 CFR Part 279 (subject to modifications below) §279(a) X

Definitions 279.1 “existing tank” §279(a)(i) X
Interpretive Comment: At §279(a)(i) for the definition of the term "Existing tank", Wyoming adopts the Federal provision and replaces the phrase "federal, state, and local approvals or permits" in the second sentence with the phrase "federal, state, or local statutes, regulations or ordinances".
Used oil transportation 279.43(c)(3)(ii) §279(a) and §279(a)(ii) X

Interpretive Comment: At §279(a)(ii) Wyoming excepts from the blank et substitution of terms in §3 the term "Director", and defines the term to be the Director of the U.S. DOT Office of Hazardous Materials Regulation, in order to leave authority for the Federal-only functions with the Federal program.

Use as a dust suppressant 279.82(a) §279(a)(iii) X

Interpretive Comment: At §279(a)(iii) Wyoming prohibits the use of used oil as a dust suppressant. This is consistent with Federal.