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 "Performance 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) X 
WYOMING 

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 the 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 term "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 with 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) X 
WYOMING 

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 distinguish 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 Reference 
Page 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)) 

NA 
WYOMING 

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 provision 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 provisions 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 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.. 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 C3

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

40 CFR Part 262 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 and February 4, 2016

STATE ANALOG IS:

FEDERAL 

REQUIREMENTS FEDERAL RCRA CITATION

ANALOGOUS STATE 

CITATION

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT 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 Statespecific references to Wyoming statute, W.S. 35-11-503(d).

Purpose, scope, 

and applicability.

262.10(j) and (k) No State analog

(see §262(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 C3

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

40 CFR Part 262 as of January 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

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT 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 an identical report, in addition to the notification required in the Federal rule.

Performance Track 

Program

262.34(j) – (l) No State analog

(see §262(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)

X
WYOMING

CONSOLIDATED CHECKLIST C3

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

40 CFR Part 262 as of January 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

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT 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 §262(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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 Official”, 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 excepted 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) Wyoming 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 leave authority for Federal-only functions with the Federal 

program. 

Compliance with the 

manifest 

263.21(a)(4) §263(a) and 

§263(a)(i) X 
WYOMING 

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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 contains more stringent provisions for assessments of health 

risks. 

Emergency 

procedures 

264.56(d)(2) §264(a) and 

§264(a)(v) X 
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 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 excludes 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 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. 

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) X 
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 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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) 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 

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 requires 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) 

X 
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 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 agreements under the Wyoming Voluntary Remediation 

Program relative to implementing 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 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 agreements under the Wyoming Voluntary Remediation 

Program relative to implementing 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 
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 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 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER IN 

SCOPE 

(who would otherwise not be regulated under the RCRA program) 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 remedy agreements under the Wyoming Voluntary 

Remediation Program relative to implementing 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 agreement 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 includes 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 modification requiring the "design of the 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 excludes 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 excludes 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 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. 

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) 

 X 
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 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 registered Professional Engineer") when referring to 

activities requiring Professional Engineer certification. 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 Regulations
Page 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 Regulations. 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 Wyoming 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 Performance 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 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. 

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 be 
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 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 Director. 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 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 

265.145(g) §265(a) and 

§265(c)(i) 

X 

Interpretive Comment: At §265(c)(i) 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 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) 

X 
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 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 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER IN 

SCOPE 

Interpretive Comment: At §§265(a)(vii) Wyoming clarifies 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 defined 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 excludes 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 clarifies 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)) 

NA 
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 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 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER IN 

SCOPE 

Interpretive Comment: At §265(a) Wyoming excludes 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 excludes 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 registered Professional Engineer") when referring to 

activities requiring Professional Engineer certification. 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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) Wyoming has incorporated RCRA statutory requirements for 

certain existing and newly regulated surface impoundments. 

Notes: 

"DEQ" = Wyoming Department of Environmental Quality 

"HWRR" = Wyoming Hazardous Waste Rules and Regulations
Page 1 of 2 

WYIBRHWRRC7_266_IBR Checklist_Part150522adt_revised_clean.docx 

[Printed: 5/13/15]

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 

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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 are 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 provisions 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 weather 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 replacement 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 identical 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 the 

term "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 Occurring 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 Regulations 
Page 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 HAZARDOUS 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 

LESS 

STRINGENT 

MORE 

STRINGENT BROADER IN 

SCOPE 

State assumption of 

responsibility 

267.150 No State analog 

(See §267(a)) NA 

Interpretive Comment: At §267(a) Wyoming excepts from 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 

ENGINEER 

CERTIFICATION" - 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 Professional 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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 these 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 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. 

Definitions applicable to 

this part 

268.2(j) §268(a) and 

§268(a)(iii) X 

Interpretive Comment: At §268(a)(iii) 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. 

Testing, tracking, and 

recordkeeping 

requirements for 

268.7(a)(9)(iii) §268(a) and 

§268(a)(iv) X 
WYOMING 

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 

LESS 

STRINGENT 

MORE 

STRINGENT 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 from the blanket substitution of terms found in §3 the 

term "Administrator" in order to properly leave authority 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 Checklist_160204adt.docx

[Printed: 2/4/16]

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

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

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

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)

X
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 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

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

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 Federalonly functions with the Federal program. At §270(a)(i) "EPA" shall 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 270.2 “existing 

hazardous waste 

management 

(HWM) facility” or 

“existing facility”

§270(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 Federalonly 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)(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 Federalonly 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) X
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 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

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

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 §270(a)(vii) 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 HWMF 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 treating, 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 stringent 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

270.11(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

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

IN SCOPE

Environmental Protection Agency Region 8 Regional Administrator. At §270(a)(xiii) Wyoming replaces the 

Federal term "responsible" with the term "principal".

Signatories to permit 

applications and 

reports

270.11(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 clarifies 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 requirement. 

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 Part 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 

Engineer". 

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) X
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 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

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

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, and 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 requires 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 also 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 Engineer".

Special part B 

information 

270.26(c)(15) §270(a) and 

§270(j) 

X
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 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

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

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 Engineer".

Part B information

requirements for postclosure 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 Protection 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 Director 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, Wyoming requires that the written agreement contain signed and notarized 

documentation that the new owner will 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) X
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 7 of 14

WYIBRHWRRC10_270-124_IBR Checklist_160204adt.docx

Printed: 2/4/16]

STATE ANALOG IS:

FEDERAL REQUIREMENTS

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

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 member 

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) X
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 8 of 14

WYIBRHWRRC10_270-124_IBR Checklist_160204adt.docx

Printed: 2/4/16]

STATE ANALOG IS:

FEDERAL REQUIREMENTS

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

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 applicable 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 

Wells

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 status 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)

X
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 9 of 14

WYIBRHWRRC10_270-124_IBR Checklist_160204adt.docx

Printed: 2/4/16]

STATE ANALOG IS:

FEDERAL REQUIREMENTS

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

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 Federalonly 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.

Termination 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 less 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 emissions 

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 Federalonly 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.

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 addresses State financial mechanisms in 

unauthorized States.

State-specific, "THE 

APPLICANT SHALL 

No Federal analog §270(n) X
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 10 of 14

WYIBRHWRRC10_270-124_IBR Checklist_160204adt.docx

Printed: 2/4/16]

STATE ANALOG IS:

FEDERAL REQUIREMENTS

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

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"

RCRA §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 authority 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, 

Subparts 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 second 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)(iv)-(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) replaces 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 excepted 
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 11 of 14

WYIBRHWRRC10_270-124_IBR Checklist_160204adt.docx

Printed: 2/4/16]

STATE ANALOG IS:

FEDERAL REQUIREMENTS

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

IN SCOPE

from the State regulations. Note that the State is more 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 

Program 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; there 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 statutes in the last sentence of §124(c)(ii) (otherwise 

analogous 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)(iv) 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) X
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 12 of 14

WYIBRHWRRC10_270-124_IBR Checklist_160204adt.docx

Printed: 2/4/16]

STATE ANALOG IS:

FEDERAL REQUIREMENTS

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

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. These 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 basis, 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 Statespecific 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 Federalonly 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. 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 Federalonly 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) X
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 13 of 14

WYIBRHWRRC10_270-124_IBR Checklist_160204adt.docx

Printed: 2/4/16]

STATE ANALOG IS:

FEDERAL REQUIREMENTS

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

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 notice 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 permits, 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 appeal 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

Page 14 of 14

WYIBRHWRRC10_270-124_IBR Checklist_160204adt.docx

Printed: 2/4/16]

STATE ANALOG IS:

FEDERAL REQUIREMENTS

FEDERAL RCRA 

CITATION

ANALOGOUS STATE 

CITATION

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENTBROADER 

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 Regulations
Page 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 "lamp" 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 blanket 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.