reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part E - STORAGE TANK SYSTEMS: RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 17-20 - Release Investigation and Confirmation for Eligible Owners and/or Operators

Current through July 13, 2024
Owners and/or operators of storage tanks who are eligible
					 for cleanup under the Corrective Action Account shall immediately investigate
					 and confirm all suspected releases of regulated substances requiring reporting
					 under Section 19 within seven (7) days of detection as follows:
(a)
System test
. Owners
				  and/or operators shall conduct tests, according to the requirements for
				  tightness testing in Section 14(g) and Section 16(b), that determine whether a
				  leak exists in that portion of the storage tank system that routinely contains
				  a regulated substance. Owners and/or operators of all storage tanks shall also
				  audit one year's inventory control required by Section 16(a) or 36(e).
(i) Owners and/or operators shall repair,
				  replace, or permanently close the storage tank system if the test results for
				  the system, tank, or delivery piping indicate that a leak exists.
(ii) Owners and/or operators shall also
				  conduct a thorough audit of all of their leak detection methods for the
				  preceding year. This audit shall be performed by a qualified third party,
				  employed for this purpose by the owner and/or operator. In the event that the
				  audit indicates a pattern of releases over several months, then the department
				  will accomplish the site check as described in Section 20(c).
(iii) Further investigation is not required
				  if the test results for the system, tank, delivery piping and the audit do not
				  indicate that a leak exists and if environmental contamination is not the basis
				  for suspecting a release.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part E - STORAGE TANK SYSTEMS: RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 17-21 - Release Investigation and Confirmation for Owners and/or Operators Not Eligible for the Corrective Action Account

Current through July 13, 2024
Owners of contaminated sites and Owners and/or Operators
					 of storage tanks may become ineligible for cleanup under the Corrective Action
					 Account for any of the reasons listed in
					 W.S.
					 35-11-1424. Owners and/or Operators who are
					 not eligible for cleanup under the Corrective Action Account shall immediately
					 investigate and confirm all suspected releases of regulated substances
					 requiring reporting under Section 19 within seven (7) days of detection as
					 follows:
(a)
System
				  test
. Owners and/or operators shall conduct tests, according to the
				  requirements for tightness testing in Section 14(g) and Section 16(b), that
				  determine whether a leak exists in that portion of the tank that routinely
				  contains regulated substance, or the connected piping, or both. Storage tank
				  Owners and/or operators shall also audit all inventory control required under
				  Sections 16(a) or 36(e) for the year prior to the suspected release.
(i) Owners and/or operators shall repair,
				  replace, or permanently close the storage tank system if the test results for
				  the system indicate that a leak exists.
(ii) When environmental contamination is the
				  basis for suspecting a release, owners and/or operators shall also conduct a
				  thorough audit of all of their leak detection methods for the preceding year.
				  This audit shall be performed by a qualified third party, employed for this
				  purpose by the owner and/or operator. In the event that the audit indicates a
				  pattern of releases over several months, owners and/or operators shall conduct
				  a site check as described in Section 20(c).
(iii) Owners and/or operators shall conduct a
				  minimum site assessment as described in Section 29 any time that the results of
				  the system test described in Section 21(a) indicate that a leak exists, or if
				  environmental contamination is the basis for suspecting a
				  release.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part E - STORAGE TANK SYSTEMS: RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 17-22 - Reporting and Cleanup of Spills and Overfills

Current through July 13, 2024
(a)
Cleanup and 24 hour reporting:
Owners and/or Operators of
				  storage tank systems shall contain and immediately clean up a spill or overfill
				  and orally report to the department within twenty-four (24) hours all spills or
				  overfills by telephone to (307) 777-7781, by FAX transmission to (307)
				  777-5973, or by electronic mail to
http://deq.state.wy.us/
and begin
				  corrective action in accordance with Sections 23 through 25 in the following
				  cases:
(i) Spill or overfill of petroleum
				  that results in a release to the environment that exceeds 25 gallons or that
				  causes a sheen on nearby surface water; and/or
(ii) Spill or overfill of a regulated
				  hazardous substance that results in a release to the environment that equals or
				  exceeds its reportable quantity under CERCLA (40 CFR Part
				  302).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part E - STORAGE TANK SYSTEMS: RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 17-23 - General

Current through July 13, 2024
Owners and/or operators of storage tank systems , and
					 owners of former storage tank sites, shall, in response to a confirmed release
					 from the storage tank system, comply with the requirements of this part except
					 for USTs excluded under Section 4(b) of this chapter.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part E - STORAGE TANK SYSTEMS: RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 17-24 - Owners and/or Operators Not Eligible for the State Corrective Action Program

Current through July 13, 2024
(a)
Initial Response
. Upon confirmation of a release in accordance
				  with Section 21 or after a release from the storage tank system is confirmed in
				  any other manner, owners and/or operators shall perform the following initial
				  response actions within twenty-four (24) hours of a release:
(i) Orally report the release to the
				  department by telephone, (307)777-7781, by electronic mail to
http://deq.state.wy.us/
, or by FAX
				  to (307)777-5973;
(ii) Take
				  immediate action to prevent any further release of the regulated substance into
				  the environment; and
(iii) Identify
				  and mitigate fire, explosion, and vapor hazards.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part E - STORAGE TANK SYSTEMS: RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 17-25 - Owners and/or Operators Eligible for the State Corrective Action Program

Current through July 13, 2024
(a)
Initial Response
. Upon confirmation of a release in accordance
				  with Section 20 or after a release from the storage tank system is identified
				  in any other manner, owners and/or operators shall perform the following
				  initial response actions within twenty-four (24) hours of a release:
(i) Orally report the release to the
				  department (e.g., by telephone, (307-777-7781, 24 hour telephone), or by
				  electronic mail to
http://deq.state.wy.us/
, by FAX to,
				  (307-777-5973, 24 hour FAX machine);
(ii) Take immediate action to prevent any
				  further release of the regulated substance into the environment; and
(iii) Orally notify the department
				  immediately of any fire, explosion, or vapor hazards. The department shall
				  begin resolving these hazards as soon as practicable.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part E - STORAGE TANK SYSTEMS: RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 17-26 - Public Participation

Current through July 13, 2024
(a)
Notice
				  Provided
: Whenever a confirmed release from an storage tank system
				  occurs that requires a CAP for soil or groundwater remediation, the department
				  shall provide notice to the public by means designed to reach those members of
				  the public directly affected by the release and the planned corrective action.
				  This notice may include, but is not limited to, public notice in local
				  newspapers, block advertisements, public service announcements, or personal
				  contacts by field staff.
(b)
Content of Notices
: All public notices issued under this
				  chapter shall contain the following minimum information:
(i) Name and address of facility where
				  release occurred;
(ii) Name and
				  address of owner and/or operator;
(iii) Name and address of the
				  department;
(iv) Name and phone
				  number of department representative where additional information can be
				  obtained;
(v) Type and estimated
				  volume of the release, if known; and
(vi) The Class of Use of all affected
				  groundwater as determined under Chapter 8, Wyoming Water Quality Rules and
				  Regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part E - STORAGE TANK SYSTEMS: RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 17-27 - Corrective Action Prioritization Ranking System

Current through July 13, 2024
(a)
Criteria.
This ranking system establishes criteria for use by
				  the department in determining priorities for conducting state corrective
				  actions at leaking storage tank sites. The ranking is based upon the following
				  primary factors:
(i) Degree of immediate
				  adverse health exposure and/or safety hazards to people in nearby occupied
				  buildings or to public utilities.
(ii) Water quality protection.
(iii) Potential for contaminant(s)
				  migration.
(iv) Ecological
				  protection.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part E - STORAGE TANK SYSTEMS: RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 17-28 - Termination of Corrective Actions

Current through July 13, 2024
Corrective actions that have not met the applicable
					 standard(s) in Sections 39 and 40 may be stopped if the administrator
					 determines that continued operation of those systems is not technically and
					 economically feasible.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part G - STORAGE TANK SYSTEMS: OUT-OF-SERVICE SYSTEMS AND CLOSURES › Section 17-30 - Temporary Closure

Current through July 13, 2024
(a)
General Requirements.
When an storage tank system is
				  temporarily closed, owners and/or operators shall continue operation and
				  maintenance of CP systems in accordance with Section 11. Owners and/or
				  operators shall continue release detection in accordance with Part D as long as
				  the tank contains more than one inch of regulated substance at the measuring
				  point directly under the fill tube. Parts E and F shall be complied with if a
				  release is suspected or confirmed.
(b)
Six (6) months or more.
When a
				  storage tank system is temporarily closed for six (6) months or more, owners
				  and/or operators shall also comply with the following requirements:
(i) Leave vent piping open and functioning;
				  and
(ii) Drain, cap and secure all
				  other connected piping, pumps, manways, and ancillary equipment; and
(iii) Continue to pay the annual tank fee and
				  maintain financial responsibility pursuant to Chapter 19, Wyoming Water Quality
				  Rules and Regulations, Financial Responsibility for USTs.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part G - STORAGE TANK SYSTEMS: OUT-OF-SERVICE SYSTEMS AND CLOSURES › Section 17-31 - Permanent Closure and Changes In Service

Current through July 13, 2024
(a)
Notification.
At least thirty (30) days before beginning
				  either permanent closure or changing a storage tank system to a non-regulated
				  use under Section 31(b) or (c), owners and/or operators shall notify the
				  department of their intent, unless such action is in response to corrective
				  action. The required permanent site closure or Minimum Site Assessment of the
				  excavation zone under Section 29 shall be performed after notifying the
				  department but before completion of the permanent closure or changing a storage
				  tank system to a non-regulated use.
(b)
Permanent Closure.
To permanently
				  close a storage tank system, owners and/or operators shall empty and clean it
				  by removing all liquids and accumulated sludges and performing a Minimum Site
				  Assessment as defined in Section 29. All USTs taken out of service permanently
				  shall also be removed from the ground or filled with an inert solid material.
				  The tank cleaning and closure procedures shall be properly conducted in
				  accordance with one of the following industry standards or practices:
(i) API Recommended Practice 1604, "Removal
				  and Disposal of Used Underground Petroleum Storage Tanks";
(ii) API Publication 2015, "Cleaning
				  Petroleum Storage Tanks";
(iii) API
				  Recommended Practice 1631, "Interior Lining of USTs";
(iv) The National Institute for Occupational
				  Safety and Health "Criteria for a Recommended Standard *** Working in Confined
				  Space"; and,
(v) Section 33 provides
				  a process for evaluating and permitting designs or procedures which deviate
				  from recognized industry standards or practices.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part G - STORAGE TANK SYSTEMS: OUT-OF-SERVICE SYSTEMS AND CLOSURES › Section 17-32 - Applicability to Previously Closed or Abandoned Storage Tank Systems

Current through July 13, 2024
(a) UST systems
				  permanently closed after December 22, 1988 and AST systems permanently closed
				  after the date of these regulations, shall comply with the state requirements
				  for closure by either removing the storage tank system from the ground or
				  permanently closing it in place in accordance with Section 31 and 33.
(b) When directed by the
				  administrator, the owner and/or operator of a storage tank system or an owner
				  of a site upon which such a system was located that was permanently closed
				  before the effective date of these regulations shall accomplish a Minimum Site
				  Assessment in accordance with Section 29. When directed by the administrator,
				  abandoned storage tank systems shall be permanently closed in accordance with
				  Sections 31 and 33. The administrator may take action under this section if the
				  department determines that releases from the storage tank system may pose a
				  current or potential threat to human health and/or the environment. Owners
				  and/or operators of UST systems permanently closed before December 22, 1988,
				  shall have complied with the practice of API Bulletin No. 1604, Recommended
				  Practice for Abandonment or Removal of Underground Tanks.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part H - STORAGE TANK SYSTEMS: TECHNOLOGY AND PROCEDURES NOT SPECIFICALLY AUTHORIZED › Section 17-33 - General

Current through July 13, 2024
This part is provided to encourage new technology,
					 procedures, or equipment that are not specially authorized, and provide a
					 process for evaluating and authorizing those that deviate from the regulations
					 in this chapter. The proposed use of technologies, systems, or processes not in
					 compliance with these regulations will be authorized provided that they
					 function or comply with the intent or purpose of this chapter.
(a)
Application Contents.
Each
				  application for authorization to utilize new technology, systems, or processes
				  under this section shall be evaluated on a case-by-case basis using the best
				  available scientific information. The following information shall be included
				  with a written application to the department for review and authorization:
(i) Data obtained from a full scale,
				  comparable installation or process which demonstrates compliance with the
				  intent or acceptability of the technology, or;
(ii) Data obtained from a pilot project
				  operated under the design condition for a sufficient length of time to
				  demonstrate the acceptability of the design, or;
(iii) Data obtained from a theoretical
				  evaluation of the technology or procedure which demonstrates a reasonable
				  probability of compliance with the intent of this chapter, and;
(iv) An evaluation of the flexibility of
				  making corrective changes in the event the technology or process does not
				  function as planned.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part I - AST SYSTEMS › Section 17-34 - Tanks Covered by this Part

Current through July 13, 2024
This part covers all ASTs that meet the requirements found
					 in W.S.
					 35-11-1415(a)(xi).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part I - AST SYSTEMS › Section 17-35 - Construction requirements for AST Systems

Current through July 13, 2024
(a)
Tanks.
All tanks regulated by this part, whether existing or
				  new, shall be welded steel tanks. Bolted or riveted steel tanks or tanks made
				  of any material other than steel shall not be used as a regulated AST after the
				  effective date of these regulations. After the effective date of these
				  regulations, no tank intended for use as an UST shall be installed as an
				  AST.
(b)
Secondary
				  Containment.
All ASTs regulated under this section shall be
				  constructed with secondary containment equal to at least 110% of storage
				  capacity of the largest single AST within the secondary containment wall. The
				  owner and/or operator of any AST shall control runoff captured inside the
				  secondary containment system and insure that runoff is free of floating oils
				  prior to discharge from the secondary containment structure. Secondary
				  containment shall be constructed of materials that are:
(i) Fireproof;
(ii) Compatible with the regulated substance
				  stored.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part I - AST SYSTEMS › Section 17-36 - AST Leak Detection Requirements

Current through July 13, 2024
(a)
Methods.
No later than October 1, 2008, all owners and/or
				  operators of ASTs covered by this chapter shall provide leak detection for the
				  tank itself using one of the following methods:
(i)
Automatic tank gauging.
All owners and/or operators of ASTs using this method shall conduct Automatic
				  Tank Gauging in accordance with Section 16(c) of this chapter. All automatic
				  tank gauges used for above ground tanks must be third party certified to meet
				  this requirement in an above ground storage tank application.
(ii)
Manual Tank Gauging.
Owners and/or operators of ASTs with a capacity of less than 1,320 gallons may
				  be monitored using manual tank gauging as defined by Section 15(a).
(iii)
Interstitial
				  Monitoring.
Owners and/or operators of ASTs that were constructed
				  under the UL-2085 standard shall monitor the interstitial space between the
				  inner tank and the outer shell. Records shall be kept showing the date of the
				  monitoring, the name of the person doing the monitoring and the results. An
				  automatic system that monitors this method shall be printed out monthly and
				  kept for three (3) years;
(iv)
Visual Monitoring of Tank
				  Bottoms.
Owners and/or operators of ASTs that are elevated above
				  ground where the entire surface of the tank is visible from beneath shall
				  monitor the tanks monthly for visible signs of leakage. Records of these
				  inspections shall be made showing the date of the inspection, the name of the
				  person doing the inspection, and any sign of leakage noted. Records shall be
				  kept by the owner and/or operator for three (3) years;
(v)
Passive Acoustic Sensing.
Owners and/or operators of ASTs using this method shall be equipped with a
				  continuous sensing system capable of detecting a release of .2 gallons per hour
				  or a release of 150 gallons per month with a probability of detection of .95
				  and a probability of false alarm of 0.05. All passive acoustic sensing systems
				  shall produce a written record showing that the system is on and operable. All
				  passive acoustic sensing systems shall be calibrated annually;
(vi)
Tracer Surveys
conducted
				  on a monthly basis in accordance with Section 16(h) of this Chapter;
				  or
(vii) Other methods approved in
				  accordance with Section 16(j) of this Chapter.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part I - AST SYSTEMS › Section 17-37 - Leak Detection Requirements for Underground Lines Connected to ASTs

Current through July 13, 2024
(a)
Sump
				  Sensors.
Owners and/or operators shall provide for leak detection
				  using sump sensors to monitor the space between the double wall systems. Sump
				  sensors shall be wired to shut down all pumps and dispensers in the event of an
				  alarm. On an annual basis, the owners and/or operators shall trip all sump
				  sensors and record that they shut down the pumps and dispensers as required;
				  or
(b)
Automatic Line Leak
				  Detectors.
Owners and/or operators shall provide pressurized piping
				  and automatic line leak detectors. Pressurized piping shall meet all of the
				  requirements found in Section 14(g)(i).
(c)
Suction Piping with single wall
				  pipe.
Owners and/or operators shall not use suction systems with
				  single walled pipe on AST Systems after October 1, 2008.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part J - ENVIRONMENTAL RESTORATION STANDARDS FOR LEAKING STORAGE TANK REMEDIATION ACTIONS › Section 17-38 - Soil Remediation

Current through July 13, 2024
Soil remediation criteria shall be based on the evaluation
					 of two (2) aspects. The first aspect is the potential to contaminate existing
					 groundwater quality. Groundwater quality impact will be accomplished by
					 evaluating the subsurface fate and transport characteristics of the regulated
					 substance using unique site soil conditions. Secondly, potential adverse public
					 health impacts will be evaluated using an environmental risk assessment process
					 for contaminated soil ingestion and inhalation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part J - ENVIRONMENTAL RESTORATION STANDARDS FOR LEAKING STORAGE TANK REMEDIATION ACTIONS › Section 17-39 - Water Quality Standards

Current through July 13, 2024
(a)
Surface Water
. Storage tank program remediation actions shall
				  protect surface water quality to the standards contained in Chapter 1, Wyoming
				  Water Quality Rules and Regulations, Quality Standards for Wyoming Surface
				  Waters.
(b)
Groundwater
. Storage tank program remediation actions shall
				  protect:
(i) All Class I, II, III, IV(a),
				  IV(b) or Special A groundwater quality to the most stringent of the:
(A) federal primary MCL contained in
				  40 CFR
				  136 as of the date of this chapter,
(B) water quality standards contained in this
				  section when there is no federal MCL for a substance; or
(C) groundwater quality standards found in
				  Chapter 8, Wyoming Water Quality Rules and Regulations, Quality Standards for
				  Wyoming Groundwaters.
(D) cleanup of
				  groundwater which is Class I groundwater by use, shall address contaminants in
				  the groundwater which originated from the storage tanks system. Cleanup of
				  parameters which are naturally occurring, or are from sources other than the
				  storage tank system, which do not meet the standards for Class I groundwater
				  shall not be accomplished.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part J - ENVIRONMENTAL RESTORATION STANDARDS FOR LEAKING STORAGE TANK REMEDIATION ACTIONS › Section 17-41 - Soil Environmental Fate and Transport Evaluation

Current through July 13, 2024
(a)
Conceptual organic compound fate and transport model.
(i) The model is based on the following set
				  of assumptions:
(A) A finite amount of soil
				  contamination exists at variable depths beneath a leaking storage tank site. It
				  may extend from the surface to below the groundwater table, or it may be
				  confined to a discrete zone. There is an uppermost aquifer beneath the site
				  which is not adequately protected by an impermeable barrier between the
				  contaminated soil and the aquifer. Percolating rainfall, or snow melt, moves
				  through the contaminated soil, mobilizes some of the contamination as a
				  leachate and carries the contamination towards the aquifer. A portion of the
				  contamination remains strongly adsorbed to the soil. The portion of the
				  contaminants that are not permanently adsorbed are available for biodegradation
				  and a limited amount of leaching.
(B)The point of compliance for protecting
				  groundwater quality is directly below the contaminated soils at the surface of
				  the aquifer.
(C) The rate of
				  leaching from the soil has reached a steady state.
(D) The soils beneath the leaking storage
				  tank(s) represent the only source of contamination to the
				  groundwater.
(E) Vapors emanating
				  from the contaminants in the soil are moving
primarily
upwards
				  to the ground surface, and there is no perched saturated zone above the
				  contaminated soils. Based on existing program experience, the potential does
				  exist for some lateral movement of contaminant vapors; however, this movement
				  is not the primary direction.
(F) A
				  leachate plume beneath the contaminated zone has not yet reached the
				  groundwater table.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part J - ENVIRONMENTAL RESTORATION STANDARDS FOR LEAKING STORAGE TANK REMEDIATION ACTIONS › Section 17-43 - Default Organic Compound and Total Petroleum Hydrocarbon Soil Cleanup Concentrations

Current through July 13, 2024
When site specific geological data/information are not
					 available to calculate acceptable soil cleanup concentrations, default
					 remediation standards shall be based on a child's exposure using both oral
					 ingestion and inhalation pathways, and the potential for soil contamination to
					 migrate to groundwater. The default soil condition for organic compounds has
					 been established as a sandy clay formation with a minimal organic carbon
					 content of 0.1% and a depth to the first groundwater table from the bottom of
					 the default contaminated soil zone equal to one foot. The default thickness of
					 contaminated soil is five (5) feet. The annual precipitation rate is fourteen
					 (14) inches per year with a 50% infiltration rate. These conservative default
					 soil conditions indicate residential exposures with protection of groundwater
					 quality to EPA/WDEQ drinking water or equivalent drinking water levels.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part L - LICENSING OF STORAGE TANK OPERATORS, INSTALLERS, AND TESTERS › Section 17-45 - Licensing of Installers

Current through July 13, 2024
(a)
License Required
. During the installation or modification of
				  any UST or AST regulated by this chapter, at least one person, present on the
				  job site, shall be licensed by the department to install or modify fuel tanks.
				  To obtain these licenses, each person shall submit documentary evidence that he
				  or she has passed the following tests within the three (3) years preceding the
				  application date:
(i) All Licensed
				  Installers:
(A) The International Code
				  Council test on Wyoming State Specific Storage Tank Laws.
(B) A current certificate for Hazardous Waste
				  Operations and Emergency Response as required by the Wyoming Department of
				  Employment, Occupational Health and Safety, Chapter 7, Section 1910.120.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part L - LICENSING OF STORAGE TANK OPERATORS, INSTALLERS, AND TESTERS › Section 17-46 - Licensing of Operators of Storage Tanks

Current through July 13, 2024
(a)
Class
				  A Operator
. Each facility shall be under the supervision of a person
				  who has obtained a Class A Storage Tank Operator's License. To obtain a Class A
				  Storage Tank Operator's License, each person shall submit documentary proof
				  that they have passed The International Code Council test on "Wyoming State
				  Specific Storage Tank Laws - ICC Test W-6." A Class A Operator is generally the
				  area manager for a company with multiple locations.
(b)
Class B Operator
. All owners
				  and/or operators of storage tanks in Wyoming shall insure that the person who
				  is in responsible charge of the day-to-day operation of the storage tanks
				  obtains a license from the department. For facilities used to fuel vehicles,
				  the person in responsible charge cannot also be in responsible charge of more
				  than fifteen (15) facilities at the same time.
(c)
Timing.
Within ninety (90) days
				  of the first date of employment with the company, the Class A and Class B
				  operators shall obtain a Class A or B Storage Tank Operator's license from the
				  department. To obtain this license, each person shall submit documentary
				  evidence that he or she has passed the following tests within the five (5)
				  years preceding the application date:
(i)
UST Operators.
The
				  International Code Council test "ICC BU Class B UST System Operator Exam"
				  (Class B for UST operators); and/or
(ii)
AST Operators.
The
				  International Code Council test "Wyoming AST System Operators - ICC Test W-5"
				  (Class B for AST operators); or
(iii) In lieu of both of the above tests, the
				  International Code Council test "Wyoming State Specific Storage Tank Laws - ICC
				  Test W-6" (Class A operators).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part L - LICENSING OF STORAGE TANK OPERATORS, INSTALLERS, AND TESTERS › Section 17-47 - Licensing of Cathodic Protection Testers and Corrosion Experts

Current through July 13, 2024
(a)
Cathodic Protection Testers
. Persons who perform any cathodic
				  protection testing shall obtain a license from the department. To obtain this
				  license, each person shall submit documentary evidence that he or she is:
(i) certified by NACE as a cathodic
				  protection tester within the three (3) years preceding the application date;
				  or
(ii) certified by the Steel Tank
				  Institute as a cathodic protection tester within two (2) years preceding the
				  application date.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part L - LICENSING OF STORAGE TANK OPERATORS, INSTALLERS, AND TESTERS › Section 17-48 - Licensing of Tank and Line Testers

Current through July 13, 2024
(a)
License Required
. Before performing tests in Wyoming, all tank
				  and line testers shall obtain a license from the department. To obtain a
				  license, each person shall submit documentary evidence that he or she has
				  passed:
(i) the International Code Council
				  test entitled "Tank Tightness Testing - ICC Test U-3" within the preceding two
				  (2) years before the date of the application; and
(ii) The manufacturers' training
				  certification for the type of tank and line tests
				  performed.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part L - LICENSING OF STORAGE TANK OPERATORS, INSTALLERS, AND TESTERS › Section 17-49 - Revocation of Licenses

Current through July 13, 2024
The department may revoke or refuse to issue any of the
					 licenses required under Sections 45 through 47 of this chapter for the
					 following reasons:
(a)
Submission of Falsified Data.
Whenever the department has
				  documentary proof that any of the information submitted to the department for
				  the purpose of obtaining a license was falsified or misrepresented;
(b)
False Reporting
.
				  Submission of any report to the department which is shown by the tester as
				  passing when the test actually shows a failing result; or
(c)
License Revoked.
Whenever any of
				  the issuing agencies (ICC, NACE, the Board of Registration for Professional
				  Engineers, or the manufacturer of test equipment) revokes the certifications
				  necessary that are required for a license.
(d)
Continuation of Expiring
				  Licenses
. When a licensee has made timely and sufficient application
				  for the renewal of a license or a new license with reference to any activity of
				  a continuing nature, the existing license does not expire until the application
				  has been finally determined by the agency, and, in case the application is
				  denied or the terms of the new license limited, until the last day for seeking
				  review of the agency order or a later date fixed by order of the reviewing
				  court.
(e)
Notification
. Whenever the department intends to revoke any
				  license issued under this section the department shall notify the licensee by
				  certified mail (return receipt requested) or by process server, stating the
				  facts or conduct which warrants the intended action. The licensee was given an
				  opportunity to show compliance with all lawful requirements for the retention
				  of the license. The licensee shall have fifteen (15) days from the date of his
				  receipt of the notice to provide additional evidence or information with
				  respect the revocation of the license. Revocation of licenses is a final agency
				  action subject to appeal to the Environmental Quality Council under Chapter 1,
				  Section 6, Wyoming Environmental Quality Council, Rules of Practice and
				  Procedure.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 17 - STORAGE TANKS › Part L - LICENSING OF STORAGE TANK OPERATORS, INSTALLERS, AND TESTERS › Section 17-50 - Implementation of Part L

Current through July 13, 2024
All persons required to have licenses under Part L shall
					 obtain those licenses within one (1) year of the effective date of this chapter
					 or the date when they would otherwise be required to obtain those licenses,
					 whichever is the later date.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-1 - Authority

Current through July 13, 2024
These standards are promulgated pursuant to the Wyoming
				  Environmental Quality Act Statutes 35-11- 101 through
				  
										35-11-1428, specifically Wyoming Statutes
				  
										35-11-1414 through
				  35-11-1428.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-2 - Purpose

Current through July 13, 2024
The purpose of these rules and regulations is to:
(a) Allow Wyoming to assume primacy of the
				U.S. Environmental Protection Agency underground storage tank
				program;
(b) Provide underground
				storage tank system owners and/or operators with the option of financial
				responsibility coverage to help meet the federal requirements.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-3 - Applicability

Current through July 13, 2024
The requirements of this chapter apply to all owners and/or
				  operators of an underground storage tank as defined in
				  W.S.
				  35-11-1415.
(a) This part applies to owners and/or
				operators of all petroleum underground storage tank systems as defined in
				Section
				4 except as otherwise provided in this
				section.
(b) Owners and/or
				operators of petroleum underground storage tank systems are subject to these
				requirements if they are in operation on or after the date for compliance
				established in Section
				4.
(c) State and federal government entities
				whose debts and liabilities are the debts and liabilities of a state or the
				United States are exempt from the requirements of this chapter.
(d) If the owner and operator of a petroleum
				underground storage tank are separate persons, only one person is required to
				demonstrate financial responsibility; however, both parties are liable in event
				of noncompliance. Regardless of which party complies, the date set for
				compliance at a particular facility is determined by the characteristics of the
				owner as set forth in Section
				4.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-4 - Compliance Dates

Current through July 13, 2024
Compliance with Sections
				  4 and
				  6 includes the total number of owned and/or
				  operated underground storage tanks, including not only those located in
				  Wyoming, but also those located throughout the United States at all locations.
				  Owners of petroleum underground storage tanks are required to comply with the
				  requirements of this chapter by the following dates:
(a) All petroleum marketing firms owning
				1,000 or more underground storage tanks and all other underground storage tanks
				owners that report a tangible net worth of $20 million or more to the U.S.
				Securities and Exchange Commission (SEC), Dun and Bradstreet, the Energy
				Information Administration, or the Rural Electrification Administration;
				January 24, 1989.
(b) All petroleum
				marketing firms owning 100-999 underground storage tanks; October 26,
				1989.
(c) All petroleum marketing
				firms owning 13-99 underground storage tanks at more than one facility; April
				26, 1991.
(d) All petroleum
				underground storage tank owners not described in paragraphs (a),(b), or (c) of
				this section, excluding all local government entities; December 31,
				1993.
(e) All petroleum underground
				storage tank owners who are local government entities; February 18,
				1994.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-6 - Amount and Scope of Required Financial Responsibility

Current through July 13, 2024
(a)
				Owners and/or operators of petroleum underground storage tanks or contaminated
				sites not eligible for the state corrective action program must demonstrate
				financial responsibility for taking corrective action and for compensating
				third parties for bodily injury and property damage caused by accidental
				releases arising from the operation of petroleum underground storage tanks in
				at least the following per-occurrence amounts:
(i) For owners and/or operators of petroleum
				underground storage tanks that are located at petroleum marketing facilities,
				or that handle an average of more than 10,000 gallons of petroleum per month
				based on annual through put for the previous calendar year; $1
				million.
(ii) For all other owners
				and/or operators of petroleum underground storage tanks; $500,000.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-7 - Allowable Mechanisms and Combinations of Mechanisms

Current through July 13, 2024
(a) Owners and/or operators of petroleum
				underground storage tanks or contaminated sites not eligible for the state
				corrective action program shall use any one or combination of the mechanisms to
				demonstrate financial responsibility under this chapter for one or more
				underground storage tanks. Demonstration shall be pursuant to the requirements
				of
				40 CFR
				280.95, 280.96, 280.97, 280.98, 280.99,
				280.102, and/or 280.103 and for local governments, 280.104, 280.105, 280.106,
				and 280.107, and the demonstration must be executed on forms provided by the
				department. The allowable mechanisms include financial test of self-insurance,
				guarantee, insurance and risk retention group coverage, surety bond, letter of
				credit, and/or trust fund and additionally for local governments, a bond rating
				test, local government financial test, local government guarantee, and local
				government fund.
(b) An owner
				and/or operator may use self-insurance in combination with a guarantee only if,
				for the purpose of meeting the requirements of the financial test under this
				section, the financial statements of the owner and/or operator are not
				consolidated with the financial statements of the guarantor.
(c) The department's trust and agency account
				will serve as the standby trust fund as described in
				40 CFR
				280.103, which is required in conjunction
				with a guarantee, surety bonds, and letters of credit.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-8 - General Provisions for Allowable Mechanisms in Wyoming

Current through July 13, 2024
(a) Financial test of self-insurance and
				local government financial test.
(i) The
				application and the letter from the chief financial officer will be executed on
				forms provided by the department.
(ii) Accompanying the financial test of self
				insurance will be the audited financial statements prepared and certified by an
				independent certified public accountant to document data submitted.
(iii) The administrator shall make a
				determination within 60 days of owner and/or operator submission of all
				materials necessary to base a decision on the financial test of self-insurance.
				The administrator shall approve or reject such application and declare in
				writing his reasons for such action to the owner and/or operator. The decision
				will be based on all the information submitted to the department.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-9 - Substitution of Financial Assurance Mechanisms by Owner and/or Operator

Current through July 13, 2024
(a) An owner and/or operator may substitute
				any alternate financial assurance mechanisms as specified in this chapter,
				provided that at all times he maintains an effective financial assurance
				mechanism or combination of mechanisms that satisfies the requirements of
				Section
				6.
(b) After obtaining alternate financial
				assurance as specified in this chapter, an owner and/or operator may cancel a
				financial assurance mechanism, after concurrence by the administrator, by
				providing notice to the provider of financial assurance.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-10 - Cancellation or Nonrenewal by a Provider of Financial Assurance

Current through July 13, 2024
(a) Except as otherwise provided, a provider
				of financial assurance may cancel or fail to renew an assurance mechanism by
				sending a notice of termination by certified mail to the owner and/or operator
				and the department.
(i) Termination of a
				local government guarantee, a guarantee, a surety bond, or a letter of credit
				may not occur until 120 days after the date on which the owner and/or operator
				and the department receives the notice of termination, as evidenced by the
				return receipt, and upon receipt of the administrator's written consent, which
				may be granted only when the conditions of the financial assurance have been
				met.
(ii) Termination of insurance,
				risk retention group coverage, or state funded assurance may not occur until 60
				days after the date on which the owner and/or operator and the department
				receives the notice of termination, as evidenced by the return
				receipt.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-11 - Reporting by Owner and/or Operator Who Is Not Eligible for the State Corrective Action Program

Current through July 13, 2024
(a) An owner and/or
				operator who receives notification of the following must notify the department
				within five (5) days of:
(i) Commencement of
				a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code,
				naming a provider of financial assurance as a debtor.
(ii) Suspension or revocation of the
				authority of a provider of financial assurance to issue a financial assurance
				mechanism.
(iii) Failure of a
				guarantor to meet the requirements of the financial test.
(iv) Other incapacity of a provider of
				financial assurance, or;
(v) As
				required by
				40 CFR
				280.95(g) and Section
				10(b).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0011 - Water Quality › Chapter 19 - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 19-13 - Drawing on Financial Assurance Mechanisms

Current through July 13, 2024
(a) The
				administrator shall require the guarantor, surety, or institution issuing a
				letter of credit to place the amount of funds stipulated by the administrator
				up to the limit of funds provided by the financial assurance mechanism into the
				department's trust and agency account, which operates as a standby trust, if:
(i) The owner and/or operator fails to
				establish alternate financial assurance within 60 days after receiving notice
				of cancellation of the guarantee, surety bond, letter of credit, or, as
				applicable, other financial assurance mechanism; and the administrator
				determines or suspects that a release from an underground storage tank covered
				by the mechanism has occurred and so notifies the owner and/or operator or the
				owner and/or operator has notified the administrator pursuant to Chapter XVII,
				Water Quality Rules and Regulations, Parts E or F, of a release from an
				underground storage tank covered by the mechanism, or;
(ii) The conditions of Sections
				13(b) (i)
				or (b) (ii) (A) or (B) are
				satisfied.