# EPA-APPROVED

# WYOMING 

# REGULATORY

# REQUIREMENTS 

# APPLICABLE TO THE 

# HAZARDOUS

# WASTE

# MANAGEMENT

# PROGRAM



# MARCH

# 2016

### Page 1 TABLE OF CONTENTS EPA-APPROVED WYOMING REGULATORY REQUIREMENTS APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM March 2016 Section Description Page Numbers Wyoming Department of Environmental Quality Solid and Hazardous Waste Division Hazardous Waste Management Rules As Filed with the Secretary of State’s Office on March 18, 2015(*) 

### [Adoption by Reference of Federal Regulations as of January 31, 2014] Chapter 1: General Provisions 2(a) and (b) Incorporation by Reference (IBR) of 40 CFR, revised as of January 31, 2014: General and Exceptions. 1-1 to 1-2

3 Substitution of State Terms for Federal Terms. 1-2 to 1-3 4 Definitions. 1-3 to 1-5 124(a)(v) Administrative Procedures: Facility Closure Following Permit Termination. 1-5
260 (except 260(b)(ii)) Adoption of 40 CFR part 260 (except §§ 260.2, 260.10 “Performance Track member facility”, “Remediation waste management site”, and the third part of the definition of “Facility”, 260.20(d) and (e), and the changes associated with 73 FR 62668, October 30, 2008, Definition of Solid Waste). 1-9 to 1-10

261 Adoption of 40 CFR part 261 (except §§ 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 261.4(e)(3)(iii), and the changes associated with 73 FR 62668, October 30, 2008, Definition of Solid Waste). 1-10 to 1-11

262 Adoption of 40 CFR part 262 (except §§ 262.10(j) and (k), 262.34(j) – (l), Subparts I and J, and the language “for the Region in which the generator is located” in 40 CFR 262.42(a)(2) and 262.42(b)). 1-11 to 1-12

263 Adoption of 40 CFR part 263 (except § 263.20(a)(3) which addresses compliance dates for manifest form revisions for dates which have passed). 1-12

264(a) through 264(d) Adoption of 40 CFR part 264 (except §§ 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), and 264.1080(e) through (g)) through “Identification Number”. 1-12 to 1-14

### TABLE OF CONTENTS EPA-APPROVED WYOMING REGULATORY REQUIREMENTS APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM March 2016

Page 2 Section Description Page Numbers 264(e)(i) (except the citation “W.S. 35-11-1607” and the phrase “or a signed remedy agreement pursuant to W.S. 35-11-1607” in the first sentence) Corrective action management units (CAMU); implementation of remedies. 1-14

264(e)(iii)(A) and (B) Corrective action management units (CAMU); disposal of CAMU-eligible wastes in permitted hazardous waste landfills. 1-14

264(f) through 264(m) “Financial mechanisms” through “Additional location standards requirements for Class III facilities”. 1-14 to 1-17

265 Adoption of 40 CFR part 265 (except §§ 265.1(c)(4), 265.15(b)(5), 265.15(c)(15), 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),265.1080(g), and Subpart R). 1-17 to 1-19

266 Adoption of 40 CFR part 266. 1-19 to 1-21 267 Adoption of 40 CFR part 267 (except § 267.150). 1-21 to 1-22 268 Adoption of 40 CFR part 268 (except § 268.5, 268.6, 268.13, 268.42(b), 268.44(a) through (g), and 268.44(o)). 1-22

270(a) through 270(m) Adoption of 40 CFR part 270 (except §§ 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, Entry (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)) through “Management and Technical Capabilities of the Owner and Operator”. 1-22 to 1-30

273 Adoption of 40 CFR part 273. 1-32 279 Adoption of 40 CFR part 279. 1-33
Copies of the Wyoming regulations that are incorpor ated by reference are available from Rules Officer, Wyoming Secretary of State’s Office, The Capitol Building; Room B-10, 200 West 24th Street, Cheyenne, WY 82002-0020, (Phone: (307) 777-5407).
(*) Note: Wyoming has adopted but is not authorized for the following Federal final rules: (1) Imports and Exports of Hazardous Waste: Implementation of OECD Council Division [61 FR 16290, 04/12/96] (HSWA - Not delegable to States); (2) Hazardous Waste Combustors; Revised Standards [63 FR 33782, 6/19/98] (Non-HSWA – Vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014);

### TABLE OF CONTENTS EPA-APPROVED WYOMING REGULATORY REQUIREMENTS APPLICABLE TO THE HAZARDOUS WASTE MANAGEMENT PROGRAM March 2016

Page 3 (3) Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to Produce Synthesis Gas [73 FR 52, 1/2/08] (Non-HSWA - Vacatedby the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014); (4) OECD Requirements; Export Shipments of Spent Lead Acid Batteries [75 FR 1236, 1/8/10] (Non-HSWA – Not delegable to States); and (5) Withdrawal of the Emission Comparable Fuel Exclusion [75 FR 33712, 6/15/10] (Non-HSWA – Vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014).

# State ofWyoming

Office ofthe Secretary ofState

United States of America

. } State of Wyoming 

### SS.

I hereby certifythatthis is atrue and complete copy ofthe document, Wyoming Department of Environmental Quality Solid and Hazardous Waste Management Rules, Chapter 1, General Provisions, as filed in this office on March 18, 2015.

Dated this 21st 

### day ofJuly, 2015.WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY SOLID AND HAZARDOUS WASTE DIVISION HAZARDOUS WASTE MANAGEMENT CHAPTER 1 GENERAL PROVISIONS

(a) AUTHORITY. The authority forthe rules contained in this Chapter is th Wyoming Environmental QualityAct, W.S. 35-11-101 et seq. (b) APPLICABILITY. The rules contained herein shall appl ny person, government or governmental subdivision, corporation, organization rtnership, business trust, association, district orother entity involved in any aspect ofth anagement of hazardous waste. These rules are effective immediately upon filing with the cretary of State. {c) OBJECTIVE. The objective of se rules is to provide minimum standards for the management of hazardous waste in o to carry out the policy and purpose ofthe Wyoming Environmental QualityAct, W.S. 35- 02. (d) SEVERAB

. Ifany Section or provision ofthese rules, orthe application of that Section or provisi oany person, situation, orcircumstance is adjudged invalid for any reason, the adju tion does not affect any other Section or provision ofthese rules orthe application e adjudicated Section or provision to any other person, situation, or circumstance. The E ·onmental QualityCouncil declares that itwould have adopted the valid portions and 1cations ofthese rules without the invalid part, and to this end the provisions ofthese rules

Section 2. INCORPORATION BY REFERENCE (IBR) OF 40 CFR. (a) GENERAL. Any reference in these rules to requirements, procedures, or specific forms contained in the Code of Federal Regulations (CFR), Title 40, Parts 124, 260

- 268, 270, 273, and 279 shall constitute the full adoption by reference ofthat part and Subparts as they appear in 40 CFR, revised as ofJanuary31, 2014, including any notes and appendices therein, unless expressly provided otherwise in these rules. These rules do not Include any lateramendments or editions ofthe incorporated matter. (b) EXCEPTIONS. The following 40 CFR portions by date are excluded from these rules: May 15, 2000 (65 FR 30886; Amendments to NPDES Program regulations), April 22, 2004 (69 FR 21737; Performance Track), October25, 2004 (69 FR 62217; Performance Track), October30, 2008 (73 FR 64668; Definition ofSolid Waste), December 19, 2008 (73 FR 77954; RCRA Comparable Fuel Exclusion), and the amendments involving Performance Track requirements made as part of71 FR 16862 on April 4, 2006. Nothing in 40 CFR Parts 260

- 268, 270, 273, 279 or Part 124 as pertains to permits for Underground Injection Control (U.1.C.) under the Safe Drinking WaterAct, the Dredge or Fill Program underSection 404 ofthe Clean Water Act, or Prevention of Significant Deterioration Program (PSD) underthe Clean Air Act is adopted or included by reference herein. 40 CFR Part 278 is not incorporated by reference, as the part applies to the Tri-State Mining District, notWyoming.

1-1l'

..

260.10 (i) More specific exceptions to subparts ofthe 40 CFR, including more stringent provisions relative to the 40 CFR are detailed in the relevant sections ofthese rules.

(d) AVAILABILITY OF REFERENCED MATERIAL. The feder reference throughout these rules are maintained at the following loca · (i) Electronic copies offederal rules m Government Printing Office, http://www.ecfr.gov; and

Section 3. SUBSTITUTION OF STATE TERMS FOR FEDERAL TERMS. (a) SUBSTITUTION OF TERMS AND INTERNAL REFERENCES. The following state terms shall replace the federal terms in 40 CFR Parts 260 through 268, 270, 273, 279, and 124, unless otherwise noted in these rules: (i) Act. Wyoming Environmental QualityAct, W.S. 35-11-101 et seq.

200.101210.2 (ii) Administrator, or Regional Administrator. When used in the context of 40 CFR, the definition shall be the Directorofthe Wyoming Department of Environmental Quality, or his designee, exceptwhere noted in these rules. When used in the context ofthese rules, the definition shall be the U.S. Environmental Protection Agency Administratoror Region 8 Regional Administratoras appropriate. (iii) Board, or Environmental Appeals Board. When used in the context of40 CFR, the definition shall be the Wyoming Environmental Quality Council except where noted in these rules. (iv) Department, or DEQ. The Wyoming Department of Environmental Quality.

210.2 (v) Director, Regional Directoror State Director. The Directorofthe DEQ or his or herdesignee. (In some circumstances however, the EPA retains authorityto take certain actions even though Wyoming has an approved program. In these cases, reference is made to the EPAAdministrator instead ofthe Director.) (vi) DOT. Any reference to the "Department ofTransportation" or "DOT" shall mean the U.S. Department ofTransportation.

210.2 (vii) EPA, U.S. Environmental Protection Agency, EPA Headquarters. When used in the context of40 CFR, the definition shall bethe DEQ, exceptwhen used to referto an

1-2

# ..

EPA Identification number, EPA hazardous waste number, EPA forms, publications or guidance, EPA Acknowledgment ofConsent, and where noted in these rules. Underthe latter circumstances, the definition shall be the U.S. Environmental Protection Agency and the Headquarters ofthe U.S. Environmental Protection Agency as appropriate. When used in the context ofthese rules, the definition shall be the U.S. Environmental Protection Agency.

260.101210.2 (viii) RCRA. When used in the context of40 CFR, the definition shall be the

261.2

260.10 comparable sections ofthe Wyoming Environmental QualityAct. When used in the context of these rules, the definition shall be The Resource Conservation and RecoveryAct, 42 U.S. Code, Sections 6901 et seq.

. (ix) RCRA Permit. State hazardous waste management facility (HWMF) permit. An authorization, license, or equivalent control document issued by the DEQ to implement the requirements ofW.S. 35-11-503(d). (x) (xi) "Solid Waste" (see 'Waste Material"). State. The state ofWyoming.

260.10 (xii) United States or U.S. When used In the context of40 CFR, the definition shall be the State ofWyoming, except where noted in these rules. When used in the context of these rules, the definition shall be the United States.

261.2(aJc1J (xiii) Waste material. Specificto 40 CFR 261.2(a)(1), any discarded material that is not excluded under§261.4(a), orthat is not excluded bya variance granted by the Director under40 CFR 260.30 and 260.31.
Section 4. DEFINITIONS. (a) GENERAL. When used in these rules and any materials incorporated herein by reference, the following definitions apply unless their application would be inconsistent with the Act. Terms not otherwise defined in Section 4(a) of this Chapterwill have the meaning given by RCRA. (i) Air contaminant. Odorous material, dust, fumes, mist, smoke, other particulate matter, vapor, gas orany combination ofthe foregoing, but shall not include steam or water vapor. (ii) Air pollution. The presence in the outdoor atmosphere ofone (1) or more contaminants in such quantities and duration which may be injurious to human health or welfare, animal or plant life, or property, or unreasonably interferes with the enjoyment of life or property. (iii) Assumed target intakes. The standard EPA exposure assumptions and factors as defined in the "OSWER Directive 9285.6-03," and the EPA "exposure factors handbook," as specified in "Exposure Factors Handbook", 2011, U.S. Environmental Protection Agency, EPA 600/R-09/052F. (iv) CFR. The United States Code of Federal Regulations. {V) Chronic. Thattime period from seven years to a lifetime. (vi) Class Ifacilities. Any non-commercial or non-profittreatment or storage facility, not engaged specifically in incineration, used solely to manage hazardous wastes which are generated bythe owner ofthe facility atthe site ofthe facility, orany existing, but closed treatment, storage, ordisposal facility.

1-3

# ..

(vii) Class II facilities. Any non-commercial or non-profittreatmentfacility engaged specifically in Incineration or any non-commercial or non-profitfacility engaged in the disposal of hazardous waste which is used solelyto manage hazardous wastes which are generated bythe owner ofthe facility atthe site ofthe facility. (viii) Class Illfacilities. Are: (A) Any commercial treatment, storage, ordisposal facility; (B) Any otherfacility used to manage hazardous wastes which is not classified as either aClass I or Class II facility. (ix) Council. The Environmental Quality Council established bythe Act. (x) DDESB. Department ofDefense Explosives Safety Board. (xi) Exposure. Contact with achemical orphysical agent. (xii) HSWA. Hazardous and Solid Waste Amendment of 1984. (xiii) HSWA drip pad. A drip pad where F032 wastes are handled. (xiv) HSWA tank. Atank owned or operated by agenerator ofless than onethousand kilograms of hazardous waste In any single calendar month, new underground systems, and those existing underground tanks that cannot be entered for inspection.

body.

handled. (xv) (xvi) (xvii) (xviii) (xix)

(xx) HWM. Hazardous Waste Management
HWMF. Hazardous Waste Management Facility. HWRR. Wyoming Hazardous Waste Rules and Regulations.
IBR. Incorporation By Reference. Municipality. A city, town, county, district, association or other public

Non-HSWA drip pad. A drip pad where F034 or F035 wastes are
(xxi) Non-HSWAtank. lnground tank systems, onground tank systems, aboveground tank systems, and existing underground tank systems that can be entered for inspection. (xxii) One excess cancer per million people. A probability of one chance in one million ofan individual developing cancer. (xxiii) Potentially exposed populations. Any or all individuals potentially coming into contact with contaminants ofconcern, including those groups within the exposed population that because of specific health effects ofsome pollutants orfactors related to the population itself, would experience a higher risk than would the average population as a result ofagiven level of exposure. (xxiv) Risk. The probability ofadverse human health or environmental effects from exposure to toxic substances or materials released into the environment.

1-4{xxv) Sewer system. Pipelines, conduits, storm sewers, pumping stations, force mains, and all otherconstructions, devices, appurtenances and facilities used for collecting or conducting wastes to an ultimate point fortreatment or disposal. (xxvi) Subchronic. That point in time between two weeks to seven years. (xxvii) Voluntary Remediation Program, or VRP. Wyoming State cleanup program established in the year2000 perArticle 16 ofthe Act.

Sections 5 • 123. RESERVED.
Section 124. ADMINISTRATIVE PROCEDURES.

• I I incorporated by reference as provided in 40 CFR, exceptthat the fourth sentence of40 124.31(a), the third sentence of40 CFR 124.32(a), and the second sentence of40 124.33(a) are expressly omitted from the incorporation by reference ofeach of se subsections. 40 CFR Sections 124.1, 124.4, 124.S(c), 124.S(e)-(g), 124.6{c), 124.6(d)(4 ·· -(v), 124.8(b)(3), 124.8(b)(8), 124.9(b)(6), 124.1O(a)(1)(lv)-(v}, 124.1O(c)(1)(iv)-(viii), 124 (c)(2)(i), 124.10(d)(1)(vii)-{viii), 124.10(d)(2)(iv), 124.12(b), 124.15(b)(2), 12 • 6, 124.18(b)(5), 124.19, 124.21, 124.204(d)(1) and (4), 124.205(a) and (h) are also not· orporated by reference. (i) For purposes of40 CFR 124 ), 124.10(b), and 124.10(c)(1)(ii), "EPA" and "Administrator" or "Regional Administrator" s be defined as the U.S. Environmental Protection Agency and the U.S. Environmen rotection Agency Region 

### 8 Regional Administrator, respectively. (ii) For pu es of40 CFR 124.1O(b)(1) the last sentence shall be deleted, as it addresses NPDES per · s. (iii For purposes of40 CFR 124.19, the "Environmental Appeals Board" shall be the C cil. Environmental appeals under40 CFR 124.19 are addressed in Section e rules.

(v) The DEQ may orderfacility closure following permit termination. Closure and post-closure activities shall be accomplished in accordance with a plan approved by the DEQ. Ifa closure/post-closure plan has not been approved, closure and post-closure activities shall be accomplished in accordance with the standards specified in 

### 40 CFR 264 and 265. (b) APPLICATIONS FOR A PERMIT.
124.3(aJc1J (i) Any person who requires a permit under W.S. 35-11- shall complete, sign and provide the Directorwith one copy ofthe permit a · ion. The application shall be organized in three-ring binders, and the information in a format that conforms to the order set forth in the applicable Sections ofthe s.
124.3(cJ (ii) Each a · ion for a State HWMF permit should be reviewed for completeness by the D' within 60 days of receipt oran alternate date as agreed upon by the Directorand t ,cant. Upon completing the review, the Directorshall notifythe applicant in erthe application is complete

..Ift~e application.is incomplete, the.Director shall list

1-5Seotions 126 250. RESERVED.
Section 260. HAZARDOUS WASTE MANAGEMENT SYSTEM. (a) IBRAND EXCEPTIONS. 40 CFR Part260 and all Subparts, except40 CFR 260.2, 40 CFR 260.10 (definitions of"Perfonnance Track memberfacility'', "remediation waste management site", and the third part ofthe definition for ''facility''), and 260.20(d) and (e), are herein incorporated by reference as provided in 40 CFR. Forthe purposes of Part 260, the State is not adopting the changes associated with 73 FR 62668; October 30, 2008; Definition of Solid Waste. (i) For purposes of 40 CFR 260.10, in the definition of "hazardous waste constituent", "Administrator" shall be defined as the U.S. Environmental Protection Agency Administrator. "Hazardous waste constituent" shall be aconstituentthat caused the Administrator ofthe United States Environmental Protection Agency to listthe hazardous waste in part 261, subpart D, or a constituent listed in table 1of §261.24. (ii) For purposes of40 CFR 260.1

### O"existing hazardous waste management (HWM) facility" or "existing facility'' shall be afacilitywhich was in operation orforwhich construction commenced on or before November 19, 1980. Afacility has commenced construction ifthe owner or operator has obtained the pennits and approvals required under federal, state or local statutes, regulations or ordinances necessaryto begin physical construction; and either: (A) A continuous on-site, physical construction program has begun; or (B) The owneror operator has entered into contractual obligations which cannot be cancelled or modified without substantial loss for physical construction ofthe facility to be completed within a reasonable time. (iii) For purposes of40 CFR 260.10, the definitions of"existing tank system" or "existing component" shall be as follows: Atank system or component that is used forthe storage ortreatment ofhazardous waste and that is In operation, orforwhich installation has commenced on or priortoJuly 14, 1986 for HSWAtanks, as defined in Section 4(a)(xiv). For nonHSWAtanks as defined in Section 4(a)(xxi), the installation date is October 18, 1995. Installation will be considered to have commenced ifthe owneroroperator has obtained all pennits and approvals required underfederal, state or local hazardous waste control statutes, regulations or ordinances necessaryto begin physical construction of the site or Installation ofthe tank system and ifeither: (A) A continuous on-site physical construction or installation program has begun, or (B) The owner or operator has entered into contractual obligations which cannot be canceled or modified without substantial loss for physical construction ofthe site or installation ofthe tank system to be completed within a reasonable time.

1-9(iv) For purposes of40 CFR 260.10, the definition of"newtank system" or "newtank component" shall be as follows: A tank system or componentthat will be used forthe storage ortreatment of hazardous waste: (A) Forwhich installation has commenced afterJuly 14, 1986 for HSWAtanks, as defined in Section 4(a)(xiv), and October 18, 1995 for non-HSWAtanks, as defined in Section 4(a)(xxi), except, (8) For purposes of40 CFR 264.193(g)(2) and 265.193(g)(2), for which construction commenced after July 14, 1986for HSWAtanks, and October 18, 1995 for non-HSWAtanks. (b) RULEMAKING PETITION. 2so.2oca) (i) Any person may petition the Council to modify or revoke any provisions in these rules as allowed underW.S. 16-3-106. 40 CFR 260.21 sets forth additional requirements for petitions to add atesting oranalytical method to 40 CFR parts 261, 264 or265. 40 CFR 260.22 sets forth additional requirements for petitions to exclude awaste orwaste-derived material at a particularfacilityfrom 40 CFR 261.3 orthe lists of hazardous wastes in Subpart Dof 40 CFR part261. 40 CFR 260.23 sets forth additional requirements for petitions to amend 40 CFR part 273 to include additional hazardous wastes orcategories ofhazardous waste as universal waste.

2s0.20(eJ (ii) Each petition m1:1st be s1:1bmittea in accor:aance •.•.<itl:1 Cl:lapter3, Sectign 2 ofthe DEQ's R1:1les of Practice ana Pr:ecea1:1re.
2so.2occJ (iii) Rule making petitions will be evaluated in accordance with the requirements ofChapter3, Sections 2(c)

- (e) and Section 4(b) ofthe DEQ's Rules of Practice and Procedure.

Section 261. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. (a) IBR AND EXCEPTIONS. 40 CFR Part 261 and all Subparts, except Sections 261.4(b)(11), 261.4(b)(16), 261.4(b)(17), Subpart H, Appendix IX, and the language "in the Region where the sample is collected" in 40 CFR 261.4(e)(3)(iii), are herein incorporated by reference as provided in 40 CFR. Forthe purposes of Part261, the State is not adopting the changes associated with 73 FR 62668; October 30, 2008; Definition of Solid Waste. (i) For purposes of 40 CFR 261.1

### Oand 40 CFR 261.11, • Administrator" shall be defined as the U.S. Environmental Protection Agency Administrator. (ii) For purposes of 40 CFR 261.39(a)(5), and 261.41, "EPA" shall be defined as the U.S. Environmental Protection Agency. (iii) For purposes of 40 CFR 261.41(a), Regional Administrator shall be defined as U.S. Environmental Protection Agency Region 8 Regional Administrator. Copies of advance notification required underthis section shall also be sentto the Director. (iv) For purposes of40 CFR 261.5(c)(5), the phrase "or used batteries (or used battery cells) returned to a battery manufacturerfor regeneration" should be inserted after the reference to "40 CFR part 266, Subpart G." (b) ADDITIONAL REQUIREMENTS FOR RECYCLABLE MATERIALS.

1-10(i) Sham Recycling. The Director may determine that a proposed hazardous waste recycling activity constitutes sham recycling. Hazardous waste treatment or disposal activity determined to be sham recycling shall be subject to the permitting requirements under these rules. The Directorshall considerthe following criteria In making this determination. (A) The secondary material contains a hazardous constituent defined in 40 CFR 261, AppendixVII not found in the analogous raw material or at greater levels than the analogous raw material; (B) The secondary material exhibits a hazardous characteristic that the analogous raw material does not; (C) The secondary material Is being used in excess ofthe amount of raw material that would otherwise be used; {D) The recycling process (including storage) is likelyto release hazardous constituents orotherwise pose risks to human health and/orthe environment that are different from orgreaterthan the risks posed by the processing ofan analogous raw material or product; {E) The secondary material to be recycled does not have value as a raw material or product and there ls no guaranteed market forthe end product; {F) The secondary material Is not handled in a manner consistent with the raw material or product it replaces; {G) The toxic constituent in the secondary material is useful In the production ofthe product orthe product itself; (H) Economics ofthe recycling process; or (I) Otherfactors the Director deems relevant. (ii) No process in which liquids, solids, sludges, or dissolved constituents are collected or separated in process units for recycling, recovery or reuse including the recovery ofenergy, within a continuous orbatch manufacturing or refining process shall be considered a sham recycling activity under Section 261(b) ofthis Chapter.

Section 262. STANDARDS APPLICABLE TO THE GENERA TORS OF HAZARDOUS WASTE. (a) IBR AND EXCEPTIONS. 40 CFR Part 262 and all Subparts, except 262.1 O(j), and (k), 262.34(j), (k), and (I), Subpart I, Subpart 

### J, and the language "forthe Region in which the generator is located" in 40 CFR 262.42(a)(2) and 40 CFR 262.42(b), are herein incorporated by reference as provided In 40 CFR. 40 CFR 262.20(a)(2) is not incorporated by reference, as it addresses afederal deadline that has passed. (i) For purposes of40 CFR 262.10(d), 262.58(a), 262.80(a) and 262.89(a) the reference to "Federal definition of hazardous waste in 40 CFR 261.3" is retained. (ii) For purposes of40 CFR 262.1O(g), Section 3008 of "the Act" shall refer to RCRA §3008, not the Act.

2a2.1o(g) (A) A person who generates a hazardous waste as defined by40 CFR 261 is subject to the compliance requirements and penalties prescribed in W.S. 35-11-

1-11503(d); Articles 7 and 9 ofthe Act; Section 270(0) ofthese rules; and Section 3008 ofthe Act ifhe or she does not comply with the requirements ofthis Chapter. (iii) For purposes of40 CFR 262.10(d), 262.21, Subpart E, Subpart F, and Subpart H, the substitution ofState terms for Federal terms does not apply because manifest registryfunctions, oversight, and notifications regarding exports and imports are under EPA, not State, authorization. Copies of all documentation, advance notifications, annual reports, exception reports, orother records submitted to EPA, the Administrator, orthe Regional Administrator, required underthese sections, shall also be provided tothe Director. (iv) For purposes of40 CFR 262.34(a), Except as provided in paragraphs (d), {e), and (f) of40 CFR 262.34, agenerator may accumulate hazardous waste on-site for 90 days or less without a permit orwithout having interim status (see 40 CFR 261.5(g)(2) for provisions regarding conditionally exempt small quantity generators). (v) For purposes of40 CFR 262.34(d)(5)(iv)(C), in addition to the emergency notification required by40 CFR 262.34(d)(5)(iv)(C), the emergency coordinator must also immediately notifythe DEQ by telephone, 307-777-7781, to file an Identical report. {vi) For purposes of40 CFR 262, AppendixA, Item 18a, Paragraph 4, the following shall apply: "Owners or operators offacilities located in Wyoming should contactthe DEQ for information on where to report discrepancies involving "significant differences" to State officials."
Section 263. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE. (a) IBR AND EXCEPTIONS. 40 CFR Part 263 and all Subparts except 40 CFR 263.20(a)(3) are herein incorporated by reference as provided In 40 CFR. (i) For purposes of40 CFR 263.20(9), 263.20(g)(1), 263.20(g)(4), 263.21(a)(4), and 263.22(d), "United States" shall be defined as the United States. (ii) For purposes of40 CFR 263.20(a) and (g), "EPA Acknowledgement of Consent" and "US Customs Official" shall remain under EPA authority, as the State ofWyoming ls not authorized forthe exportfunctions ofthese subparts. (iii) For purposes of40 CFR 263.1O(d), the reference to "Federal definition of hazardous waste in 40 CFR 261.3" is retained. {iv) For purposes of40 CFR 263.30(c), notice shall also be given to the Director, DEQ, 122 W. 25th Street, Cheyenne, WY 82002, 307-777-7781.

Section 264. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES. {a) IBR AND EXCEPTIONS. 40 CFR Part 264 and all Subparts, excluding 40 CFR 264.1{f), 264.1(g){12), 264.10), 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(1), 264.314(e), 264.554(1)(2), 264.1030(d), 264.1OSO(g), 264.1080(e), 264.1080(f), and264.1080(g) are herein incorporated by reference as provided in 40 CFR. 

## 0) State ofWyoming". For purposes of40 CFR 264.1(g)(1), "a State" shall be replaced by "the

1-12{ii) For purposes of40 CFR Subsection 264.12(a), "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency Region 8 Regional Administrator. (iii) For purposes of40 CFR 264.13(b)(3)(ii), the equivalent sampling method is one that is approved by rule pursuantto Chapter 3, Section 2 ofthe DEQ's Rules of Practice and Procedure. (iv) For purposes of40 CFR 264.18(b)(1), newfacilities shall not be located within the boundaries ofa 100-yearfloodplain. Facilities shall also meetthe location standards of Sections 264(k), 264(1), and 264(m) ofthese rules. (v) For purposes of40 CFR 264.56(d)(2), the coordinator must immediately notify eitherthe government official designated as the on-scene coordinatorforthat geographical area, orthe National Response Center (using their24-hourtoll free number 800-424-8802). The DEQ must also be notified immediately, using its 24-hourtelephone number 307-777-7781. (vi) For purposes of 40 CFR 264.71(a)(3) and 264.1082(c)(4)(ii), "EPA" shall be defined as the U.S. Environmental Protection Agency. (vii) For purposes ofthe 40 CFR 264, Subpart G (Federal closure provision), the owner or operatorwill continue to take all steps as required by40 CFR 264.112(d)(2)(i). (viii) For purposes of40 CFR 264.191(a), the tank system's integrity assessment must be completed by January 12, 1988 for HSWAtanks, as defined at Section 4(a)(xiv), and by October 18, 1996 for non-HSWAtanks, as defined at Section 4(a)(xxl). (ix) For purposes of40 CFR 264.191(c), the compliance date for conducting the assessment Is within 12 months of July 14, 1986 for HSWAtanks, as defined in Section 4(a)(xiv). For non-HSWAtanks, as defined at Section 4(a)(xxi), the compliance date is within 12 months ofOctober 18, 1995. (x) For purposes of40 CFR 264.314(e), the placement ofany liquid which Is not a hazardous waste in a landfill is prohibited. (xi) For purposes of40 CFR 264.552(a)(3)(iil), the State deletes the phase "or a demonstration is made pursuantto §264.314(e)". (xii) For purposes of40 CFR 264.1030(c) the reference to "40 CFR 124.15" shall be replaced by "40 CFR 124.5"which addresses "Modifications, revocation and reissuance, ortermination ofpermits." (xiii) "Malfunction" for purposes of40 CFR 264, Subpart AA ofthese rules shall mean any sudden failure ofa control device ora hazardous waste management unit or failure of a hazardous waste management unit to operate in a normal or usual manner, so that organic emissions are increased. Failures that are caused In part by poor maintenance or careless operation are not malfunctions. (b) UNDERGROUND INJECTION. Disposal of hazardous waste by means of underground injection is regulated under Chapters VIII, IX, and XIII ofthe Wyoming Water Quality Rules and Regulations. (c) AIR QUALITY RULES. Compliance with the permitting requirements ofthese rules does not obviate any dutyto obtain and complywith Air Quality construction or modification permit pursuantto Chapter6, Section 2 ofthe Wyoming Air Quality Standards and Regulations.

1-13(d) IDENTIFICATION NUMBER. Every facility owner oroperator must applyto 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 ofWyoming identification numberfor purposes ofthese rules. (e) CORRECTIVE ACTION MANAGEMENT UNITS (CAMU).

264.551(8) &264.552(8) (i) To implement remedies under40 CFR 264.101, W.S. 35-11-503(d),-W.S

## as 11 1807, or RCRA §3008(h), the Director may designate an area at the facility as a corrective action management unit underthe requirements in this Section gr aslgRed remedy agreement 

### ·p1:1FSuaAtto V•.'.S. 36 11 1607. Corrective action management unit means an area within afacility that is used onlyfor managing CAMU-eligible wastes for implementing corrective action or cleanup atthe facility. A CAMU must be located within the contiguous property underthe control ofthe owner/operatorwhere the wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility.

2sus2{e) (ii) for pi.,rposes of40 CfR264.552(e), the phrase "or remedy agr:eement" shall be added af.ter "

...permit or or:der.

..",

264.555 (Iii) Disposal of CAMU-eligible wastes in permitted hazardous waste landfills.

264.555(8)(3) (A) The landfill receiving the CAMU-eligible waste must have a RCRA or State hazardous waste permit, meet the requirements for new landfills in 40 CFR Part 264, Subpart N, and be authorized to accept CAMU-eligible wastes; forthe purposes ofthis requirement, "permit" does not include interim status.

264.555(0> {B) Forthe purposes of40 CFR 264.555 only, the 'design ofthe CAMU' in 264.552(e)(4)(v)(E) means design ofthe permitted Subtitle CorW.S. 35-11-503(d) ora permitted State hazardous waste landfill. (f) FINANCIAL MECHANISMS. (i) For purposes of40 CFR 264.143(c) and 264.145(c), surety bonds guaranteeing performance ofclosure and/or post-closure care are not allowed for interim status facilities. (ii) For purposes of40 CFR 264.143(h) and 264.145(h), ifthe facilities covered by the mechanism are in more than one state, identical evidence offinancial assurance must be submitted to, and maintained with, the state Agency regulating hazardous waste orwith the appropriate Regional Administrator ifthe facility is located in an unauthorized state. (iii) For purposes of40 CFR 264.151, whenever 40 CFR 264.151 requires that owners and operators notify several Regional Administrators oftheirfinancial obligations, the owner or operator shall notify both the DEQ and all Regional Administrators of Regions which are affected by the owneroroperator's financial assurance mechanisms. (g) AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS.

264.1oeo(b)(5) (i) A waste management unitthat is used solelyfor on-site treatment or storage of hazardous waste that is placed in the unit as the result of Implementing remedial activities required underthe corrective action authorities of RCRA Sections 3004(u), §3004(v), or §3008(h), CERCLA authorities, orsimilarfederal authorities, orW.S. 35-11-503(d).

264.1oeocc> (ii) Forthe owner and operatorofa facility subject to Subpart CC who received afinal permit under RCRA Section 3005 orW.S. 35-11-503(d) priorto December6,

1-141996, the requirements ofthis subpart shall be incorporated into the permit when the permit is reissued in accordance with the requirements of40 CFR 124.15 ofthis Chapter or reviewed in accordance with the requirements of40 CFR 270.50(d) ofthis Chapter. Until such date when the permit Is reissued in accordance with the requirements of40 CFR 124.15 or reviewed in accordance with the requirements of40 CFR 270.50(d), the owner and operator are subject to the requirements of40 CFR part 265, subpart CC. {h) PROFESSIONAL ENGINEER CERTIFICATION. (i) Professional engineers shall be registered In Wyoming ("qualified registered Professional Engineer'') when referring to activities requiring Professional Engineer certification. {ii) Relevant sections: 40 CFR 264.115, 264.120, 264.143(i), 264.145(i), 264.147(e), 264.191(a), 264.191 (b)(5)(il), 264.192(a), 264.192(b), 264.193(1)(2), 264.196{f), 264.280(b), 264.554(c)(2), 264.571(a), (b), and (c), 264.573(a)(4)(1i), 264.573(9), 264.574(a), and 264.1101(c)(2). (i) PROFESSIONAL GEOLOGIST CERTIFICATION. (i) For purposes of40 CFR 264.90(b)(4), the certifying geologist shall be a professional geologist registered in the State ofWyoming. 0) CORRECTIVE ACTION BEYOND FACILITY BOUNDARY. (i) The requirements of40 CFR 264.101 (c) apply to:
RCRA§30D4(vJ(1l {A) All facilities operating under permits issued underW.S. 35-11- 503(d); W.S. 35-11-801; 40 CFR 270.50; and RCRA Section 3005(c), and

RCRA §3004(vJ(2J (B) All landfills, surface impoundments, and waste pile units (including any new units, replacements ofexisting units, or lateral expansions ofexisting units) which receive hazardous waste afterJuly26, 1982.

RCRA§3004(vJ (C) Pending promulgation ofsuch regulations, the Director shall issue corrective action orders forfacilities referred to in paragraphs 2640)(i)(A) and (8) above, on a case-by-case basis, consistent with the purposes of 40 CFR 264.101(c). (k) LOCATION STANDARDS. (i) Applicability. (A) The location standards in Section 264(k) ofthis Chapter apply to any new or existing facility forthe treatment, storage, or disposal of hazardous wastes, which is subject to the permit requirements ofthis Chapter, except as provided in Section 264(k)(i)(B) of this Chapter. (B) The location standards in Section 264(k) ofthis Chapter, excluding the standards in Sections 264(a)(iv) and 270(d)(i)(C) ofthis Chapter, do not apply to any new or existing Class I HWMF as defined in Section 4(a) ofthese rules which is required by lawto be constructed at the site ofa hazardous waste generatorto manage newly-listed hazardous waste currently legally produced solely bythat generator.

1-15{I) ADDITIONAL LOCATION STANDARDS REQUIREMENTS FOR CLASS II FACILITIES. In addition to the location standards ofthis Chapter, Class II facilities, as defined in Section 4(a) ofthese rules, shall not be located in violation ofthe following standards: (i) Local zoning ordinances: Facility locations shall not be in conflict with local zoning ordinances or land use plans that have been adopted by a county commission or municipality. (ii) Wetlands: Facilities shall not be located in wetlands. (iii) Wild and Scenic Rivers Act: Facility locations shall not diminish the scenic, recreational and fish and wildlife values for any Section of riverdesignated for protection underthe Wild and Scenic Rivers Act, 16 USC 1271 et seq., and implementing regulations. (iv) National Historic Preservation Act: Facilities shall not be located in areas where they may pose athreat to an irreplaceable historic orarcheological site listed pursuant to the National Historic Preservation Act, 16 USC 470 et seq. and implementing regulations, orto a natural landmark designated bythe National Park Service. (v) Endangered Species Act: Facilities shall not be located within acritical habitat of an endangered orthreatened species listed pursuant to the Endangered Species Act, 16 USC 1531 et seq., and implementing regulations, where the facility may cause destruction or adverse modification ofthe critical habitat, mayjeopardize the continued existence ofendangered orthreatened species or contribute to the taking of such species. (vi) Big game winter range/grouse breeding grounds: Facilities shalt not be located within critical winter ranges for big game or breeding grounds for grouse, unless after consultation with the Wyoming Game and Fish Department, the Directordetermines that facility development would not conflict with the conservation ofWyoming's wildlife resources. (vii) Avalanche areas: Facilities shall not be located in documented avalanche prone areas. (viii) Hydrogeologic conditions: Facilities shall not be located in an area where the DEQ, after investigation bythe applicant, finds thatthere is a reasonable probability that hazardous waste management activities will have adetrimental effect on surface water or groundwaterquality. (ix) Facilities largerthan one acre, and anyfacility which is an incinerator, boiler, or industrial furnace, shall not be located within: (A) One (1) mile ofa school, or one (1) mile of an occupied dwelling house; (B) One (1) mile ofany public park or recreation area; (C) One (1) mile ofthe boundaries ofan incorporated city ortown. (x) One thousand (1,000) feet ofany perennial lake or pond which is either naturally occurring, orwhich contains water used for any purpose not directly related to an industrial process. (xi) Three hundred (300) feet of any perennial riveror stream.

1-16(m) ADDITIONAL LOCATION STANDARDS REQUIREMENTS FOR CLASS III FACILITIES. In addition to the location standards ofthis Chapter, Class Ill facilities, as defined in Section 4(a) ofthese rules, shall not be located in violation ofthe following standards: (i) All location standards applicable to Class II facilities, in Section 264(1) of this Chapter; (ii) Five (5) miles ofa school or an occupied dwelling house; (iii) One (1) mile ofthe center line ofthe right-of-way ofa State orfederal highway; (iv) Five (5) miles ofthe boundaries ofan incorporated city ortown; (v) For any HWMF subject to the location standards ofSections 264(m)(i) through (iv) ofthis Chapter, the following additional location standards shall apply ifthey are more restrictive than the location standards of Sections 264{m){i) through (iv) ofthis Chapter: {A) No facility shall be located such that it poses a cancer risk to potentially exposed populations including residents, occupants of businesses, schools, or institutions, exceeding one excess cancer per million people. The cancer risk shall be assessed considering projected pollutant release rates and assumed target intakes during normal operation conditions specified in Section 270(1)(ii) ofthis Chapter. {B) No facility shall be located such that 

### it causes chronic toxic effects to potentlany exposed populations including residents, occupants of businesses, schools, or institutions, due to exposures to pollutants higherthan chronic oral reference dose orchronic inhalation reference concentration. The chronictoxic effect shall be assessed considering projected pollutant release rates and assumed target intakes during normal operation orfailure conditions specified in Section 270(1)(11) ofthis Chapter. {C) No facility shall be located such that it causes subchronic or acute toxic effects to people at the facility property boundary due to exposures to pollutants higherthan the subchronic oral reference dose or subchronic inhalation reference concentration. The subchronic and acute toxic effect shall be assessed considering projected pollutant release rates and assumed target intakes during failure conditions specified In Section 270(1){ii) ofthis Chapter.
Section 265. INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES. {a) IBR AND EXCEPTIONS. 40 CFR Part 265, and all Subparts excluding Subpart R and Sections 40 CFR 265.1 (c)(4), 265.15(b)(5), 265.1 (c)(15), 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(9) are herein incorporated by reference as provided in 40 CFR. (i) State ofWyoming". Forpurposes of40 CFR 265.1(c)(5), "a State" shall be replaced by ''the

(ii) For purposes of40 CFR 265.11, The owneroroperatorshall applyto the DEQ for an EPA identification number. (iii) , For purpo~es of40 CFR Subsection 265.12(a), "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency Region 8 Regional Administrator.

1-17For purposes of40 CFR 265.71(a)(3) and 265.1083(c)(4)(il), "EPA" shall be defined as the U.S. Environmental Protection Agency. (iv) For purposes of40 CFR 265.56(d)(2), The emergency coordinator must immediately notify eitherthe government official designated as the on-scene coordinatorforthat geographical area, orthe National Response Center (using their 24-hourtoll free number 800- 424-8802). Notice shall also be given to the Director, DEQ, 122 W. 25th Street, Cheyenne, WY 82002, using the DEQ 24-hourtelephone number, 307-777-7781. (v) For purposes of40 CFR 265.90(d)(1) and (3), and 40 CFR 265.93(d)(2) ground-water monitoring plans and reports shall be submitted to the Director. (vi) For purposes of40 CFR 265.93(d)(5) the owner/operatorshall submit a written report to the Director 15 days afterthe determination ofground-waterquality is made. (vii) For purposes of40 CFR 265.191(a), the tank system's integrity assessment must be completed by January 12, 1988 for HSWAtanks, as defined at Section 4(a)(xiv), and by October 18, 1996 for non-HSWAtanks, as defined at Section 4(a)(xxi). (viii) For purposes of40 CFR 265.191(c), the compliance date for conducting the assessment is within 12 months ofJuly 14, 1986 for HSWA tanks, as defined in Section 4(a){xiv). For non-HSWAtanks, as defined at Section 4(a)(xxi), the compliance date is within 12 months ofOctober 18, 1995. (ix) For purposes of40 CFR subparts 265.224{a), 265.259(a), and 265.303(a) all response action plans shall be submitted tothe Director. (x) For purposes of40 CFR 265.314(f), the placement ofany liquid which is not a hazardous waste in a landfill is prohibited. (xi) For purposes of40 CFR 265.340(b)(2) the language is replaced with, "The following requirements continue to apply even when the owner or operator has demonstrated compliance with the MACT requirements ofpart 63, Subpart EEE ofthis Chapter. 40 CFR 265.351 (closure) and the applicable requirements ofSubparts Athrough H, BB and CC ofthis part." (xii) "Malfunction" for purposes of40 CFR 265, Subpart CC ofthese rules shall mean any sudden, infrequent, and not reasonably preventable failure ofair pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions. (b) PURPOSE, SCOPE, ANDAPPLICABILITY. The requirements of40 CFR part 2~5 do not apply to a person who treats, stores, ordisposes of hazardous waste except that: (i) Disposal ofhazardous waste by means of underground injection is regulated under Chapters VIII, IX, and XIII ofthe Wyoming Water Quality Rules and Regulations. (ii) 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 ofhazardous waste at his or herfacility is subjectto 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 271.10). (c) FINANCIAL MECHANISMS.

1-18(i) For40 CFR 265.143(9) and 265.145(9): Ifthe facilities covered by the mechanism are in more than one State, identical evidence offinancial assurance must be submitted to, and maintained with, the State Agency regulating hazardous waste orwith the appropriate Regional Administrator ifthe facility is located in an unauthorized State. (d) AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS.
2as.1oeocc) (i) For purposes of40 CFR 265.1080(c), the phrase "orW.S. 35-11-503(d)" shall be inserted after "..•RCRA Section 3005

...". (e) PROFESSIONAL ENGINEER CERTIFICATION. (i) Professional engineers shall be registered in Wyoming ("qualified registered Professional Engineer'') when referring to activities requiring Professional Engineer certification. (ii) Relevant sections: 40 CFR 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(1)(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). (f) PROFESSIONAL GEOLOGIST CERTIFICATION. (i) For purposes of40 CFR 265.90(c), 265.90(d)(1), and 265.93(d)(2), the certifying geologist shall be a professional geologist registered in the State ofWyoming. (g) REQUIREMENTS FOR EXISTING AND NEWLY REGULATED SURFACE IMPOUNDMENTS.

RCRA §3oosa,(1) (i) Existing surface impoundments subject to Subtitle C priorto November 8, 1984, must comply with new unit requirements by November8, 1988 or stop hazardous waste activity.

RCRA §3oosm1a> (ii) Surface impoundments regulated for the firsttime by a listing or characteristic promulgated after November 8, 1984, must complywith new unit requirements or stop hazardous waste activity byfour (4) years afterthe date ofpromulgation ofthe new listing or characteristic.

RCRA §3oos(iJ(7XBJ (iii) Surface impoundments regulated forthe firsttime by a listing or characteristic promulgated after November 8, 1984, where the Director determines hazardous constituents are likely to migrate into groundwater, the Director is authorized to impose such requirements as may be necessaryto protect human health and the environment, including requiring compliance with new unit requirements.

Section 266. STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES. (a) IBR AND EXCEPTIONS. 40 CFR Part266 and all Subparts are herein incorporated by reference as provided in 40 CFR. (i) For purposes of40 CFR 266.21

### O"You" shall be a generator, treater, or other handler oflow-level mixed waste oreligible NARM (Naturally Occurring and/orAccelerator1-19produced Radioactive Material), otherwise "you• refers to any generator, treater, or handlerof hazardous waste underthese rules. (b) MILITARY MUNITIONS.
2ss.202(dl (i) For purposes of RCRA Section 1004(27), a used orfired military munition is awaste material, and, therefore, is potentially subjectto RCRA corrective action authorities underW.S. 35-11-503(d), 40 CFR 264.101(c), or RCRA Sections 3004(u) and (v), and 3008(h), or imminent and substantial endangerment authorities underW.S. 35-11-115; W.S. 35- 11-503(d); Articles 7 and 9oftheAct or RCRA Section 7003, ifthe munition lands off-range and is not promptly rendered safe and/or retrieved. Any imminent and substantial threats associated with any remaining material must be addressed. If remedial action is infeasible, the operatorof the range must 

### notifythe Director in writing and maintain a record ofthe event foras long as any threat remains. The record must includethe type of munition and its location (to the extent the location is known).
2ss.203(bl (ii) Reinstatement ofexemption. Ifanywaste military munition loses its exemption under40 CFR266.203(a)(1), an application may be filed with the Directorfor reinstatement ofthe exemption from hazardous waste transportation regulation with respectto such munition as soon as the munition is returned to compliance with the conditions of40 CFR 266.203(a)(1). Ifthe Directorfinds that reinstatement ofthe exemption is appropriate based on factors such as the transporter's provision ofa satisfactory explanation ofthe circumstances of the violation, or a demonstration that the violations are not likely to recur, the Director may reinstate the exemption under40 CFR 266.203(a)(1). Ifthe Directordoes nottake action on the reinstatement application within 60 days after receipt ofthe application and ifthe military continues to seek reinstatement ofthe exemption, it is the responsibility ofthe militaryto contact the Directorto establish a mutually-agreeable time line forthe Directorto address the application. In reinstating the exemption under40 CFR 266.203(a)(1), the Director may specify additional conditions as are necessary to ensure and document propertransportation to protect human health and the environment.
2ss.203(c) {iii) Amendments to DOD shipping controls. The Department of Defense shipping controls applicable to the transport ofmilitary munitions referenced in 40 CFR 266.203{a)(1)(ii), and in effect on November 8, 1995, are the Signature and Tally Record (DD Form 1907) and the MotorVehicle lnspection(Transporting Hazardous Materials) {OD Form 626). For shipment by commercial transportthe U.S. Government Bill of Lading (GBL) (GSA Standard Form 1103) is also required. Forshipment by militarytransport, the following additional controls are applicable: DD Single Line Item Release/Receipt Document (DD Form 1348-1A) and the Shipping Paperand Emergency Response Information for Hazardous Materials Transported by GovernmentVehicles (OD Form 836). Any amendments to the above Department of Defense shipping controls shall not become effective for purposes of40 CFR 266.203(a)(1) until the amended Department of Defense shipping control has been adopted by rule bythe DEQ. Adoption ofan amended Department ofDefense shipping control will be contingent on the Director's affirmative finding thatthe amended shipping control(s} is/are protective of human health and the environment. Copies of Department of Defense shipping controls can be obtained upon requestfrom the DEQ, 122West 25tli Street, Cheyenne, Wyoming 82009.
2ss.2osca)c1> (iv) The owner or operator may store only waste military munitions generated bythe individual facility.
2ss.2os(a)(1) (V) Section 266(b)(iv) ofthis Chapter does not apply ifstorage ofwaste military munitions from anotherfacility is the result ofan inabilityto transport the waste military munitions fortreatment ordisposal due to inclement weather or othercircumstance as approved in writing bythe Director.

1-202ss.2osccJ (vi) Reinstatement ofconditional exemption. Ifany waste military munition loses its conditional exemption under40 CFR 266.205(a)(1), an application may be filed with the Directorfor reinstatement ofthe conditional exemption from hazardous waste storage regulation with respectto such munition as soon as the munition is returned to compliance with the conditions of40 CFR 266.205(a)(1). Ifthe Directorfinds that reinstatement ofthe conditional exemption is appropriate based on factors such as the owner's or operator's provision ofa satisfactory explanation ofthe circumstances ofthe violation, or a demonstration that the violations are not likelyto recur, the Director may reinstate the conditional exemption under40 CFR 266.205(a)(1). Ifthe Directordoes nottake action on the reinstatement application within 60 days after receipt ofthe application and 

### ifthe military continues to seek reinstatement ofthe exemption, it isthe responsibility ofthe militaryto contact the Directorto establish a mutuallyagreeabletime line forthe Directorto address the application. In reinstating the conditional exemption under40 CFR 266.205(a)(1), the Director may specify additional conditions as are necessaryto ensure and document proper storage to protect human health and the environment. 2ss.2os(dJC1l (vii) Waste military munitions that are chemical agents orchemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under40 CFR Part 261, are listed or identified as a hazardous waste and shall be subject to the applicable regulatory requirements ofthe Act.
2sa.2osceJ (viii) Amendments to DDESB storage standards. The DDESB storage standards applicable to waste military munitions, referenced in 40 CFR 266.205(a)(1){iii), are DOD 6055.9-STD ("DOD Ammunition and Explosive Safety Standards"), in effect on November 8, 1995, except as provided in the following sentence. Any amendments to the ODESS storage standards shall not become effective for purposes of40 CFR 266.205(a)(1) until the amended Department of Defense ODESS storage standards have been adopted by rule bythe DEQ. Adoption of amended Department of Defense DDESB storage standards will be contingent on the Director's affirmative finding thatthe DDESB storage standards are protective of human health and the environment.

Section 267. STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT. (a) IBR AND EXCEPTIONS. 40 CFR Part 267 and all Subparts, except 40 CFR 267.150, are herein incorporated by reference as provided in 40 CFR. (i) For purposes of40 CFR 267.12, You must applyto the DEQ for an EPA identification numberfollowing the DEQ's notification procedures and using EPAform 8700-12. You may obtain information and required forms from the DEQ orfrom your EPA regional office. The EPA identification numbershall be considered to be the State ofWyoming identification numberfor purposes ofthese rules. (ii) For purposes of40 CFR 267.18(b), newfacilities shall not be located within the boundaries ofa 100-yearfloodplaln. (iii) For purposes of40 CFR 267.56(c)(2), the emergency coordinator must immediately notify eitherthe government official designated as the on-scene coordinatorforthat geographical area, orthe National Response Center (using their 24-hourtoll-free number 800- 424-8802). The DEQ must also be notified immediately, using its 24-hourtelephone number 

### 301-1n-7781. (b) PROFESSIONAL ENGINEER CERTIFICATION.

1-21(i) Professional engineers shall be registered in Wyoming ("qualified registered Professional Engineer'') when referring to activities requiring Professional Engineer certification. (ii) Relevant sections: 40 CFR Sections 267.117, 267.147(e), 267.191, 267.192(a), 267.200(f).

Section 268. LAND DISPOSAL RESTRICTIONS. (a) IBRAND EXCEPTIONS. 40 CFR Part 268 and all Subparts are herein incorporated by reference as provided in 40 CFR, except for 40 CFR 268.5, 268.6, 268.13, 268.42(b), 268.44(a) through (g), and 268.44(0). (i) The authority for implementing the provisions ofthese excluded sections remains with the EPA (However, the requirements ofWyoming statutes shall be applied In all cases where these requirements are more stringent than the federal standards). Ifthe Administrator ofthe EPA grants a case-by-case variance pursuant to 40 CFR 268.5, that variance will simultaneously createthe same case-by-case variance to the equivalent requirement ofthese rules. (ii) 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. (iii) For purposes of40 CFR 268.1 (e)(3) and 40 CFR 268.20) "EPA" shall be defined as the U.S. Environmental Protection Agency. (iv) For purposes of40 CFR 268.7(a)(9)(iii), ·0009· is excluded from lab packs as noted in 40 CFR Part 268 Appendix IV. (v) For purposes of40 CFR 268.40(b), "Administrator" shall be defined as U.S. Environmental Protection Agency Administrator.

SeetleA 269. RESERVED.
Section 270. THE HAZARDOUS WASTE PERMIT PROGRAM. (a) IBR AND EXCEPTIONS. 40 CFR Part 270 and all Subparts, except 40 CFR 270.1(c)(1)(iii), 270.1(c)(2)(ix), 270.11(d)(2), 270.13(k)(7), 270.14(b)(18), 270.42(1), 270.42 (Appendix I, PartA, Entries 9 and 10, and Part 0(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) are herein incorporated by reference as provided in 40 CFR. (i) For purposes of40 CFR 270.2, 270.5, 270.1O(e)(2), 270.11 (a)(3), 270.32(a), 270.32(b)(2), 270.32(c), 270.72(a)(5), 270.72(b)(5), 270.235(a)(1)(iii)(A), 270.235(a)(2)(iil)(A), and 270.235(b)(1)(ii), "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.
! ' ' (ii) For purposes'of40 CFR 270.1(b), the sentence ''The notification shall state the location and general description ofthe type ofactivity and the Identified or listed wastes being handled" shall be inserted afterthe first sentence in the section.

1-22(iii) For purposes of40 CFR 270.1 (c)(7), at the discretion ofthe Director, an owner or operator may obtain, in lieu ofa post-closure p~rmit, an enforceable document, imposing the requirements of40 CFR 265.121. (iv) For purposes of40 CFR 270.2, the definitions "Approved program or approved State", "Director'', "Final authorization", "Interim authorization", "Majorfacility'', "Permit'', "State", and "State/EPA Agreement" shall be defined as in 40 CFR 270.2. The definition "Remedial Action Plan (RAP)" as defined in 40 CFR 270.2 is not adopted by the State. (v) For purposes of40 CFR 270.2 "existing hazardous waste management (HWM) facility" or "existing facility'' shall be afacility which was in operation orforwhich construction commenced on or before November 19, 1980. Afacility has commenced construction ifthe owner or operator has obtained the permits and approvals required under federal, state or local statutes, regulations or ordinances necessaryto begin physical construction; and either: (A) A continuous on-site, physical construction program has begun; or (8) The owner or operator has entered into contractual obligations which cannot be cancelled or modified without substantial loss for physical construction of the facilityto be completed within a reasonable time. (vi) For purposes of270.1O(e)(3), the Administratororthe Director may, by compliance order issued underW.S. 35-11-503(d); Articles 7 and 9 ofthe Act; or RCRA Section 3008, extend the date by which the owner and operator of an existing HWMF must submit Part A oftheir permit application. (vii) For purposes of270.1 O(f)(2), the application for permits shall be submitted to the Director. (viii) For purposes of270.1O(f)(3), notwithstanding 40 CFR 270.1O(f)(1), a person may construct afacility for the incineration ofpolychlorinated biphenyls pursuantto an approval issued by the Director underArticle 2 ofthe Act and bythe EPAAdministrator under Section 6(e) ofthe Toxic Substances Control Act and any person owning or operating such a facility may, at anytime after construction oroperation of such facility has begun, file an application fora State HWMF permitto incinerate hazardous waste authorizing such facility to incinerate waste identified or listed underthese rules. (ix) For purposes of40 CFR 270.1O(g)(1)(i) and (ii), ifany owner or operator ofa hazardous waste managementfacility has filed PartA ofa 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 afterthe promulgation of revised federal regulations promulgated under HSWA listing or identifying additional hazardous wastes, ifthe facility is treating, storing, or disposing ofany ofthose newly listed or identified wastes. (x) For purposes of40 CFR 270.100)(1), any Part B permit application submitted by an owner oroperator ofafacilitythat stores, treats, or disposes ofhazardous waste in a surface impoundment, incinerator, burner or a landfill must be accompanied by information, reasonably ascertainable bythe owner or operator, on the potential forthe public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such Information must address: (A) Reasonablyforeseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to orfrom the unit;

1-23(B) The potential pathways of human exposure to hazardous wastes orconstituents resulting from the releases described under Section 270{a){x)(A) ofthis Chapter above;and (C) The potential magnitude and nature ofthe human exposure resulting from such releases. (xi) For purposes of40 CFR 270.10(1), the Director may require thatthe application demonstrate compliance with specific provisions ofthe Act, and specific designated rules ofthe Solid and Hazardous Waste, Water Quality, and Air Quality Divisions ofthe DEQ. (xii) For purposes of40 CFR 270.11, all applications shall be signed under oath subjectto a penalty of perjury. (xiii) For purposes of40 CFR 270.11 (a}, the term "responsible" shall be replaced by "principal''. (xiv) For purposes of40 CFR 270.12(a), any information submitted to the DEQ pursuant to these regulations may be claimed as confidential bythe submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of othersubmissions, by stamping the words "confidential business information" on each page containing such information. Ifno claim is made at the time ofsubmission, the DEQ may make the information available to the public withoutfurther notice. Upon ashowing satisfactoryto 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. (xv) For purposes of40 CFR 270.14(b}(19)(v), the term "representative" shall be inserted before the term "wind rose". (xvi} For purposes of40 CFR 270.14(b}(20), applicants may be required to submit such information as may be necessaryto enable the Directorto carry out his orher duties underother aspects ofthe Act and otherfederal laws as required in 40 CFR 270.3. (xvii) For purposes of40 CFR 270.28, "Regional Administrator'' shall be replaced by "Director''. (xviii) For purposes of40 CFR 270.30 and 40 CFR 270.32(b}, the Directorshall specify any additional standards, togetherwith thejustification therefore, as the Director believes necessaryto carry out the purposes ofthe Act. (xix} For purposes of40 CFR 270.42(g}(1} and (g}(1)(i), the permittee is authorized to continue to manage wastes listed or identified as hazardous under40 CFR Part 261, orto continue to manage hazardous waste in units newly regulated as hazardous waste management units, ifthe unitwas in existence and has a State permit issued underArticles 2, 3, 4 or 

### 5 ofthe Act as a hazardous waste facility with respectto the newly listed orcharacterized waste or newly regulated waste management unit on the effective date ofthe final rule listing or Identifying the waste, or regulating the unit. (xx) For purposes of40 CFR 270.420)(3), the Directorshall respond to the requestfor a combustion facility hazardous waste permit modification within 90 days of receiving the request. The Director may, at his or herdiscretion, extend this 90 day deadline one time for up to 30 days by notifying the facility owner or operator. (b} TRANSFER OF EXISTING HAZARDOUS WASTE MANAGEMENT PERMITS.

1-24210.4o(a) (i) A permit may be transferred bythe permittee to a new owner oroperator only ifthe permit has been modified or revoked and reissued (under40 CFR 270.40(b) or 270.41(b)(2)) to identifythe new permittee and incorporate such other requirements as may be necessary underthese rules.

210.4o(b) (ii) Changes in the ownership oroperational control of afacility may be made as a Class 1 modification with priorwritten approval ofthe Director in accordance with 40 CFR 270.42 or as a routine change with priorapproval under40 CFR 124.213. The Directorshall not approve transfer ofownership oroperational control to any person unless the Director determines that such person meets the qualifications for owners and operators in Sections 270(m) and 270(n) ofthese rules. The new owneroroperator must submit a revised permit application no laterthan ninety (90) days priorto the scheduled change. Awritten agreement containing a specific date fortransfer ofpermit responsibility between the current and new permittees must also be submitted to the Director. The written agreement must also contain signed and notarized documentation from the new operator indicating that the new operator has agreed to accept and be bound bythe provisions ofthe permit and any amendments, agreed to construct and operatethe facility in accordance with the approved plan, and agreed to accept responsibilityforthe facility's compliance with the standards specified in the applicable sections of these rules, including the responsibility to perform corrective actions. When atransferof ownership or operational control occurs, the old owner oroperatorshall comply with the requirements of40 CFR 264, Subpart H (Financial Requirements) ofthese rules for permitted facilities until the new owner or operator has demonstrated that he orshe is complying with the requirements ofthat Subpart. The new owner oroperator must demonstrate compliance with Subpart H requirements within six (6) months ofthe date ofthe change in ownership or operational control ofthe facility. Upon demonstration to the Director bythe new owner or operator ofcompliance with Subpart H, the Directorshall notifythe old owner or operatorthat he or she no longer needs to complywith Subpart 

### H as ofthe date ofdemonstration. (c) CONTENTS OF PART A OF THE PERMITAPPLICATION. (i) Part Aofthe State HWMF permit application shall include the following information: (A) Afisting of any civil, misdemeanor, orfelony convictions within ten (10) years priorto the date ofapplication for anyviolations ofany local, State, orfederal law relating to environmental quality or criminal racketeering bythe owner, orthe operator, and all entities related by ownership to the applicantwhether by common ownership or by a parent or subsidiary relationship, either directly or indirectly. This includes any partners in a partnership or executive officers or corporate directors in any corporation, ifthe owner/operator is a partnership or corporation.

210.130) (B) Atopographic map (or other map ifatopographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking waterwells listed in public records or otherwise known to the applicant within one (1) mile ofthe facility property boundary. (d) CONTENTS OF PART B OF THE PERMITAPPLICATION.

270.14(b)(11) (i) Facility location information:

210.14(b)(11)(1) (A) The application shall include information concerning the area in which the facility is to be located, Including the politicaljurisdiction (e.g., county, township, or

1-25election district}, sufficientto demonstrate compliance with all applicable location standards specified in Sections 264, 267, and 270 ofthese rules

.

•••(11) {B) Ifthe facility is proposed to be located in an area listed in AppendixVI of40 CFR 264, the owner oroperator shall demonstrate compliance with the seismic standard. This demonstration may be made using either published geologic data or data obtained from field investigations carried out bythe applicant. The Information provided must be ofsuch qualityto be acceptable to professional geologists experienced in identifying and evaluating seismic activity

.



### ...cmJ (C) Owners and operators ofall facilities shall provide an identification ofwhetherthe facility is located within a 100-yearfloodplain. This identification must Indicate the source of data for such determination and include a copy ofthe relevant Federal Insurance Administration (FIA) flood map, if used, orthe calculations and maps used where an FIA map is not available. Methods used to determine the 100-yearfloodplain must be approved bythe Director. Information shall also be provided Identifying the 100-yearflood 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-yearflood. (e) CONDITIONS APPLICABLE TO ALL PERMITS.

270.30(1)(6) (i) Twenty-four (24) hour reporting.

•••(IJ (A) The permittee shall report any noncompliance which may endanger health orthe environment orallyto the Directorwithin twenty-four (24) hours from the time the permittee becomes aware ofthe circumstances, including:

...(IJ(AJ (I) Information concerning release ofany hazardous waste regardless ofwhether or not it may cause an endangermentto public drinking water supplies

.

...(IJ(BJ (II) Any information ofany release or discharge of hazardous waste or ofany fire orexplosion from the HWMF, regardless ofwhether or not it could threaten the environment or human health outside the facility. (f) TERMINATION OF PERMITS.

210.43(aJ (i) The following are causes forterminating a permit during its term, orfor denying a permit renewal application:

270.43(a)(1) (A} Noncompliance bythe permittee with any condition ofthe permit;

210.43(a)(2J {B} The permittee's failure In the application or during the permit issuance process to disclosefully all relevant facts, orthe permittee's misrepresentation of any relevant facts at anytime; or

210.43(aJ(3J (C} Adetermination that the permitted activity endangers human health orthe environment ahd can only be regulated to acceptable levels by permit modification ortermination; or (D) Ifthe continued operation is inconsistentwith the policy and purposes ofthe Act.

210.43(bJ (ii) Procedures. The Directorwill follow the applicable procedures In 40 CFR 124 in terminating any permit under40 CFR 270.43.

1-26(g) PERMIT ISSUANCE. (I) Nothing shall preclude the Directorfrom reviewing and modifying a permit at anytime during its term. Review ofany application for a permit renewal shall consider improvements in the state ofcontrol and measurementtechnology as well as changes in applicable regulations. Each permit issue.d underW.S. 35-11-503(d) and RCRA Section 3005 shall contain terms and conditions as the Director determines necessaryto protect human health and the environment. (h) QUALIFYING FOR INTERIM STATUS.

210.1o(a) (i) Any person who owns oroperates an 'existing HWM facility' or afacility in existence on the effective date ofamendments to the Environmental QualityAct and 40 CFR Part 261 that renderthe facility subjectto the requirement to have a HWMF permit shall be eligible to receive interim status and shall be treated as having been issued a permit underthe Act, ifthe Director determines the owner or operator has:

210.1o(aJ(1) (A) Complied with the requirements of section 301O(a) of RCRA and W.S. 35-11-503(d) pertaining to notification of hazardous waste activity, or
210.1ocaJ(2J (B) Complied with the requirements of40 CFR 270.10 governing submission of PartA applications. (i) OPERATION DURING INTERIM STATUS.

270.71(8) (i) During the Interim status period the facility shall not:

210.11(a)(1J (A) Treat, store, or dispose of hazardous waste not specified in Part A ofthe permit application;

270.71(&)(2) application;

270.71(8)(3) application; or (B) Employ processes not specified in PartA ofthe permit

(C) Exceed the design capacities specified in Part A ofthe permit
{D) Operate in any mannerwhich has not been previously authorized by a permit issued underArticles 2, 3, 4, and/or 5 ofthe Act, ifapplicable.

210.11(b) (ii) Interim status standards. During interim status, owners or operators shall complywith interim status standards in 40 CFR Part 265, and with applicable rules, regulations, or permits issued underArticles 2, 3, 4, and/or 5 ofthe Act. 0) PROFESSIONAL ENGINEER CERTIFICATION. (i) Professional engineers shall be registered in Wyoming ("qualified registered Professional Engineer") when referring to activities requiring Professional Engineer certification. (ii) Relevant sections: 40 CFR 270.14(a), 270.16(a), and 270.26(c)(15). {k) PROFESSIONAL GEOLOGIST CERTIFICATION. (i) For purposes of40 CFR 270.14(b}{11)(ii}, the certifying geologists shall be professional geologists registered in the State ofWyoming.(I) HEAL TH RISKASSESSMENT. (i) Owners and operators ofall facilities shall provide a health risk assessment based on health risks associated with normal operation orfailure ofa HWMF pollution control or containment system, as specified in Section 270(l)(ii) ofthese rules. The normal operation orfailure modes specified in Section 270(1)(ii) ofthese rules shall be used. This assessment must indicatethe source ofdata for such determination. The health risk assessment must address the following standards: (A) The cancer risk shall be assessed considering projected pollutant release rates and assumed target intakes during normal operation conditions specified in Section 270(1)(ii) ofthese rules. (B) The chronic toxic effectwhich shall be assessed considering projected pollutant release rates and assumed target intakes during normal operation orfailure conditions specified in Section 270(1)(ii) ofthese rules. (C) The subchronic and acute toxic effect shall be assessed considering projected pollutant release rates and assumed target intakes during failure conditions specified in Section 270(1)(ii) ofthese rules. (ii) Forthe purpose ofassessment of health risks associated with normal operation orfailure of a HWMF pollution control or containment system, the following normal operation orfailure modes shall be used: (A) Forhazardous waste storage facilities which are tanks or vessels, normal operation modes shall include operation ofthe facility as designed; failure modes shall include tank rupture, the effects of inadvertent mixing ofincompatible wastes, failure of primary and secondary containment systems or liners, and releases oftoxic or hazardous air pollutants from tank ruptures or during fires; (B) For hazardous waste storage facilities which are impoundments, normal operation modes shall include operation ofthe facility as designed; failure modes shall include failure of primary or secondarycontainment systems or liners, dike failure, and releases oftoxic or hazardous air pollutants during fires orfrom inadvertent mixing of incompatible wastes such as strong acids or bases with wastes stored in the impoundment; (C) For hazardous waste storage facilities which are waste piles, normal operation modes shall include operation ofthe facility as designed; failure modes shall include failure ofprimary and secondary containment systems or liners, failure of primary systems to control releases ofwastes during high winds, and releases during fires; (D) For hazardous waste landfills and treatment facilities, normal operation modes shall include operation ofthe facility as designed; failure modes shall include failure of primary and secondary containment systems or liners, releases oftoxic or hazardous air pollutants from inadvertent mixing of incompatible wastes and releases during fires; (E) For.hazardous waste incinerators and othertreatment facilities forthe burning, thermal treatment, or combustion of hazardous wastes, normal operation modes shall include operation ofthe facility as designed; failure modes shall include failure ofprimary air pollution control systems, failure ofany automatic or manual waste feed cutoffsystem, operation ofthe facility underconditions ofwaste temperature and residence time to be expected during upset, startup orshutdown conditions, and inadvertent combustion ortreatment ofwastes containing chlorinated hazardous wastes, dioxins, arsenic, antimony, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium; and

1-28(F) For other hazardous waste storage, treatment, or disposal facilities, normal operation orfailure modes shall be specified by the Director. (iii) Forthe purpose ofconducting the health risk assessment required by Section 264(m)(v) ofthis Chapter, the following protocols shall be used bythe applicant, unless alternate protocols are approved bythe DEQ: (A) "Exposure Factors Handbook", 2011, U.S. Environmental Protection Agency, EPA 600/R-090/052F, (B) "Guidance for Data Useability in Risk Assessment, PartA and 

### B", 1992, U.S. Environmental Protection Agency, http://www.epa.gov/oswer/riskassessment/datause/, (C) "Human Health: Exposure Assessment", U.S. Environmental Protection Agency, http://www.epa.gov/oswer/riskassessment/human health exposure.htm. (D) "RiskAssessment Guidance for Superfund Volume I, Human Health Evaluation Manual (Part A}", 1989, U.S. Environmental Protection Agency, EPA 540/1- 89/002, (E} "Risk Assessment Guidelines", U.S. Environmental Protection Agency, http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=55907, (F) "RiskAssessment Guidance for Superfund, Volume 1: Human Health Evaluation Manual, Supplemental Guidance, Standard Default Exposure Factors, Interim Final'', 1991, U.S. Environmental Protection Agency, OSWER Directive 9285.6-03, and (G) "Superfund Exposure Assessment Manual", 1988, U.S. Environmental Protection Agency, EPA 540/1-88/001, (iv) Forthe purpose ofconducting the health risk assessment required by Section 264(m}(v) ofthis Chapter, toxicological data contained in the following publications shall be used unless alternate data sources are approved by the DEQ: (A) Integrated Risk Information System (IRIS), U.S. Environmental Protection Agency. (8) "Health Effects Assessment SummaryTables", Office of Research and Development, Office of Emergency and Remedial Response, U.S. Environmental Protection Agency, OERR 9200.6-303 (91-1) (or most recent edition}, (C) Data provided by a qualified EPAtoxicologist, ifapproved bythe DEQ. (m) MANAGEMENTAND TECHNICAL CAPABILITIES OF THE OWNER AND OPERATOR. The applicant shall possess demonstrated acceptable experience in operating hazardous waste treatment, storage, and disposal facilities in a mannerwhich does not demonstrate a disregard for human health and the environment. The Director shall consider the applicant to have demonstrated acceptable experience if: (i) The applicant is currently operating an existing facility permitted under these rules and that facility is currently in substantial compliance with all rules, regulations, and permit conditions adopted underthe Environmental QualityAct and applicable federal regulations; or

1-29(ii) Ifnot currently operating afacility in this State, the applicant has experience operating hazardous waste treatment, storage, and disposal facilities in otherstates and has operated such facilities in substantial compliance with applicable State and federal regulations and permit requirements. Applicants who do not have an operating history in this State shall submitthe following information to the Director: (A) A listing ofall permits for hazardous waste treatment, storage, and disposal facilities held bythe applicant within the lastten (10) years; (8) A listing of such permits revoked for cause; (C) A listing of hazardous waste treatment, storage, or disposal facilities owned oroperated bythe applicant which are currently not in substantial compliance with applicable State orfederal regulations or permit requirements as officially determined by a State orfederal regulatory agency; and (D) A description of all criminaland civil penalties assessed against the applicant resulting from violations of State orfederal environmental laws within the lastfive (5) years.

ACTAND THESE RULES. The past performance ofthe applicant, or any partners, executiv officers or corporate directors, based on the record before the Director, constitutes eviden that the applicant will comply with provisions ofthe Act and these rules and is fit to obtain a ermit. (i) The Director may determine that the applicant is notfit t btain a permit 

### ifthe applicant, or any partners, executive officers or corporate directors have· (A) Misrepresented or concealed any mate · Ifact in the permit application; (8) concealment ofa materialfact; Obtained a permitfrom the 

### Ok or by misrepresentation or

, (C) Been convicted ofa 

### t ny or pleaded guiltyto afelony for violations of environmental quality or criminal rack ering laws or regulations within the five (5) years preceding the application forthe permit, ch in thejudgment ofthe Director constitutes evidence that the applicant cannot be relied on to conduct the operations described in the application in compliance with the Act an ese rules; (0) laws ofany state orthe federal Be adjudicated in contempt ofany order ofany court enforcing emment within five (5) years preceding the application for a permit. determining whetherthe applicant is fit under Sections 270(m) and

,the Directorshall consider: (A) The relevance ofthe offense to the. business forwhich a permit

(B) The nature and seriousness ofthe offense; (C) The circumstances underwhich the offense occurred;

1-30

## . operation atthe time adetermination Is made under Section 270(q)(i) ofthis Chapterwith resp to facility or site, ifthe Directorfinds that the owner of such facilities could not reasonably be expected to have actual knowledge ofthe presence of hazardous waste at such facility or e and ofits potential for release, the Director may issue an order requiring the most rece previous owneror operator of such facility or site who could reasonably be expected to have ch actual knowledge to carry out the actions referred to in Section 270(q)(i) ofthis Chapter.

RCRA§3D13(c) (iii) Proposal. An order under Section 270(q)(i) orSecti 270(q){ii) ofthis Chapter shall require the person to whom such order is issued to submitto e Directorwithin 30 days from the issuance ofsuch order a proposal for carrying out the re ed monitoring, testing, analysis, and reporting. The Director may, after providing such perso with an opportunityto conferwith the Director respecting such proposal, require such per nto carry out such monitoring, testing, analysis, and reporting in accordance with s proposal, and such modifications in such proposal as the Directordeems reason eto ascertain the nature and extent ofthe hazard.

RCRA §3013(d) (iv) Monitoring, testing, or analysi carried out by the Director.

RORA §3D13(dJ(1) (A) Ifthe Director d rmines that no owner or operator referred to in Section 270(q)(i) or Section 270(q)(ii) ofthis C pter is able to conduct monitoring, testing, analysis, or reporting satisfactoryto the Dir or, ifthe Directordeems any such action carried out by an owneror operatorto be unsatisfac , or ifthe Directorcannot initially determine that there is an owner or operator referred to in S ction 270(q)(i) or Section 270(q)(ii) ofthis Chapterwho is able to conduct such monitoring, tes · g, analysis, or reporting, the Director may:

RCRA §3013(dl(1l(Al {I) Conduct monitoring, testing, or analysis (or any combination thereof) which Directordeems reasonable to ascertain the nature and extent of the hazard associated wit he site concerned, or

RCRA §3013(d)(1)(B) (II) Authorize a local authority orother person to carry out any such action.

RCRA §3013(d)(3l (B) For purposes ofcarrying out Section 270{q)(iv) ofthis Chapter, the Direct or any authority or other person authorized under Section 270(q)(i)(A) ofthis Chapter ay exercise the authorities setforth in W.S. 35-11-109(a) and W.S. 35-11-110(a).

RORA §3013(e (v) Enforcement The Director may commence acivil action against any rson who fails or refuses to comply with any order issued under Section 270(q)(iv) ofthis

SeetieAs 271 272. RESERVED.
Section 273. STANDARDS FOR UNIVERSALWASTE MANAGEMENT. (a) IBR. 40 CFR Part 273 and all Subparts are herein incorporated by reference as provided in 40 CFR. (i) For purposes of40 CFR 273.32(a)(3), "EPA" shall be defined as the U.S. Environmental Protection Agency. (ii) For purposes of40 CFR 273.15(c)(2), the term "lamp" shall be inserted after "battery,".

1-32SeetieRs 274 278. RESERVED.
Section 279. STANDARDS FOR THE MANAGEMENT OF USED OIL. (a) IBR. 40 CFR Part 279 and all Subparts are herein incorporated by reference as provided in 40 CFR. (i) For purposes of40 CFR 279.1, "Existing tank" shall be atank that is used forthe storage or processing of used oil and that is in operation, orforwhich installation has commenced on or priorto the effective date ofthe authorized used oil program forthe state in which the tank is located. Installation will be considered to have commenced ifthe owneror operator has obtained all permits and approvals required underfederal, state or local statutes, regulations or ordinances necessaryto begin installation ofthe tank and ifeither (1) a continuous on-site Installation program has begun, or (2) the owneroroperator has entered into contractual obligations which cannot be cancelled or modified without substantial loss for installation ofthe tank to be completed within a reasonable time. (ii} For purposes of40 CFR 279.43(c}(3}(ii) "Director" shall be defined as the Director, U.S. DOT Office of Hazardous Materials Regulation. (iii) For purposes of40 CFR 279.82(a), the use of used oil as a dust suppressant is prohibited.

SeetieRs 280 300. RESERVED.



### 1-33