reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 6 - FINANCIAL ASSURANCE REQUIREMENTS › Section 6-3 - Terms Unique to Financial Assurance

Current through July 13, 2024
(a) "Annual Review"
				is conducted during the review of the annual report which is due on the
				anniversary date of the establishment of the permit to mine or source material
				license in circumstances where no permit exists.
(b) "Cost Estimate" means a document
				containing the total costs that would be incurred if an independent contractor
				were hired to perform the decommissioning of the facility and disposal of
				licensed material, and all associated costs to the Department in conducting
				decommissioning oversight. Costs must reflect current approved estimated
				costs.
(c) "Facility" means the
				location within one building, vehicle, or under one roof and under the same
				administrative control:
(1) at which the
				possession, use, processing, or storage of licensed material is or was
				authorized; or
(2) may also mean
				multiple such locations at a site or part of a site.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 6 - FINANCIAL ASSURANCE REQUIREMENTS › Section 6-4 - Financial Assurance

Current through July 13, 2024
(a) The Department
				requires specific source and byproduct material licensees to furnish a
				decommissioning financial assurance arrangement in a dollar amount approved by
				the Department, as necessary to protect public health and safety, to ensure
				corrective action during operation, to ensure decontamination and
				decommissioning of a facility or site, and for disposal of licensed material in
				the event of abandonment, insolvency, or other inability of the licensee to
				meet the requirements of the license, the Act, or these rules.
(b) The costs associated with reclamation and
				long term care and maintenance in accordance with this Chapter shall be
				sufficient to ensure compliance with those standards established by the
				Department pertaining to bonds, sureties, and other financial arrangements to
				ensure adequate reclamation and long term management of such byproduct material
				and its disposal.
(c) Licensees
				shall provide the Department with cost-estimates that are reasonably accurate
				and these estimates shall include costs for the following:
(i) Disposal of licensed material;
(ii) Decontamination and decommissioning of
				buildings, facilities, and the site to a standard which achieves levels that
				allow release for unrestricted use of these areas upon
				decommissioning;
(iii) Reclamation
				of byproduct material disposal areas in accordance with the technical criteria
				detailed in 10 C.F.R. Part 40, Appendix A;
(iv) Aquifer restoration which is based on
				the physical characteristics of the mining aquifer; the cost of equipment,
				labor, and administration; and any other data required under 10 C.F.R. Part 40,
				Appendix A Criterion 5(b)(5) and Chapter 11 of the Non-Coal Rules and
				Regulations;
(A) Other operational activities
				that have impacted groundwater as detailed in 10 C.F.R. Part 40, Appendix A,
				Criterion 5(b).
(v)
				Costs that would be incurred if an independent contractor was hired to dispose
				of radioactive materials and perform decontamination, decommissioning, and
				reclamation work including:
(A) The cost of
				removal and/or disposal of licensed material which is generated, stored,
				processed, or otherwise present at the facility or site; and
(B) The probable extent of contamination
				through the possession or use of licensed material, at or adjacent to the
				facility or site, and the probable cost of removal of such
				contamination;
(vi) An
				adequate contingency factor.
(vii)
				For sites requiring long-term care and maintenance, a minimum charge of
				two-hundred and fifty thousand dollars ($250,000.00), in 1978 dollars, shall be
				included in the financial assurance established by the licensee to cover the
				costs of long-term care and maintenance.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 6 - FINANCIAL ASSURANCE REQUIREMENTS › Section 6-5 - Acceptable Financial Assurance Methods

Current through July 13, 2024
(a) Refer to W.S.
				§§
									
										35-11-417 through 418 for acceptable
				financial instruments and assurances.
(b) Self-insurance, or any arrangement that
				essentially constitutes self-insurance (for example, a contract with a state or
				federal agency), including bonding pursuant to W.S. §
									
										35-11-417(d) will not
				satisfy the financial assurance requirements of these rules.
(c) The term of the financial assurance
				warranty shall automatically renew until termination of the license by the
				Department, unless it can be demonstrated that another arrangement would
				provide an acceptable level of assurance. The requirements for cancelation or
				substitution of the financial assurance warranty are outlined in W.S.
				§§
									
										35-11-420 and
				35-11-421.
(d) The value of the financial assurance
				warranty shall not be dependent upon the success, profitability, or continued
				operation of the licensed operation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 6 - FINANCIAL ASSURANCE REQUIREMENTS › Section 6-6 - Periodic Review of Financial Assurances

Current through July 13, 2024
(a) As part of the
				annual report, a licensee shall provide to the Department written proof of the
				value of existing financial warranties and any licensee-proposed changes to the
				financial assurance warranties, including updated decommissioning plans,
				changes in cost estimates, or the changes to the type of warranty. The report
				shall describe any changes in operations, estimated costs, or any other
				circumstances that may affect the amount of required financial assurance
				warranties, including any increased cost attributable to inflation.
(b) Each financial assurance shall be subject
				to annual review, at a minimum, and approval by the Department to assure its
				continued adequacy of each warranty.
(c) With the approval of the Department,
				changes to the amount of a decommissioning financial assurance instrument may
				occur to account for increases or decreases in cost estimates resulting from
				inflation or deflation, changes in engineering plans, activities performed, or
				changes in any other condition affecting disposal, decontamination, and
				decommissioning costs.
(i) With the approval
				of the Department, reduction in the amount of decommissioning financial
				assurance may occur as decommissioning activities are completed, in accordance
				with an approved decommissioning plan or to reflect current site conditions and
				license authorization.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 6 - FINANCIAL ASSURANCE REQUIREMENTS › Section 6-8 - Financial Assurance Recordkeeping

Current through July 13, 2024
(a) Licensees shall
				keep records of financial assurances throughout the life of the license,
				including, but not limited to, records of the cost estimate performed for the
				decommissioning, the amount certified for decommissioning, and records of the
				funding method used for assuring funds.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 7 - FEES › Section 7-1 - Purpose

Current through July 13, 2024
(a) As authorized
				by the Act to support all direct and indirect costs associated with the
				operation of the Program, this Chapter establishes fees for radiation control
				services rendered by the Department and provisions regarding payment.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 7 - FEES › Section 7-2 - Scope

Current through July 13, 2024
(a) These rules
				apply to a person who is:
(i) An applicant for
				or holder of a specific byproduct or source material license issued by the
				Department pursuant to Chapter 4 of these rules or by the NRC or another
				Agreement State; and
(ii) Required
				to have routine and non-routine safety inspections of licensed
				activities.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 7 - FEES › Section 7-3 - Costs Generally

Current through July 13, 2024
(a) "Direct Costs"
				are operating costs directly assignable to the Program. Direct Costs include
				salaries, supplies, travel, and other costs incurred by the Program such as,
				but not limited to, costs associated with processing license applications,
				inspecting sites, and developing program rules.
(b) "Indirect Costs" are costs not directly
				assignable to the Program. Indirect Costs include the cost of activities such
				as human resource management, procurement, and accounting. Indirect Costs
				include the partial costs of state agencies such as Administration and
				Information, the Treasurer's Office, and other state agencies providing support
				or resources to the Program. These are costs which indirectly support the
				ability of the Program to function, but are not directly related to producing
				or inspecting a license or the immediate management of those functions.
				Uncollected fees from licensees will be charged as Indirect Costs for the
				following year. Indirect Costs will be collected by the Department as described
				in Section
				4, below.
(c) Direct Costs fall into two different
				categories:
(i) "Site Specific Direct Costs"
				are incurred by the Department in the form of time and resources for a specific
				applicant or licensee. Site Specific Direct Costs shall include, but are not
				limited to, the costs of reviewing applications, amendments, inspections, or
				incident responses.
(ii) "Non-Site
				Specific Direct Costs" are not attributable to a specific licensee, but
				represent a cost to the Department attributable to the Program. These types of
				costs shall include, but are not limited to, materials such as paper and other
				office supplies, training of staff, development of guidance documents, and
				other general administrative costs.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 7 - FEES › Section 7-4 - Tracking Costs

Current through July 13, 2024
(a) The Department
				shall keep a record of Site Specific Direct Costs associated with each
				license.
(b) Non-Site Specific
				Direct Costs shall be distributed to all licensees based on the proportion of
				an individual licensee's Site Specific Direct Costs, as compared to the
				combined Total Costs of all licensees. For example, if company X demands
				roughly fifty percent (50%) of the total billable Site-Specific Direct Costs
				for the Program they will be charged fifty percent (50%) of the Non-Site
				Specific Direct Costs.
(c) Indirect
				Costs will be calculated and allocated to licensees and the Program using the
				rates and basis for application detailed in the Cognizant Agency Negotiation
				Agreement, negotiated between the Department and the federal government.
				Indirect Costs are applied to both Site Specific and Non-Site Specific Direct
				Costs.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 7 - FEES › Section 7-5 - Application Fees

Current through July 13, 2024
(a) All new license
				applications shall be accompanied by an initial one hundred thousand dollar
				($100,000.00) application fee. The application fee shall only cover the costs
				associated with processing the license application.
(b) The application fee shall be carried
				forward until the Department issues a license to the applicant. If the
				application fee is expended before the license is issued, an additional one
				hundred thousand dollar ($100,000.00) application fee shall be assessed and
				collected from the applicant. This shall continue in increments of one hundred
				thousand dollars ($100,000.00) until the Department issues a license to the
				applicant.
(c) Once the Department
				issues a license, the new licensee will be refunded or credited the amount of
				any unused portions of the application fee.
(d) Applicants that withdraw an application
				will not be refunded the unused application fee and forfeit any remaining
				initial application fees paid to the Department. However, applicants that
				withdraw an application after paying the additional application fees, as
				described in subparagraph (b) above, shall be refunded the unexpended balance
				of the additional application fees.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 7 - FEES › Section 7-6 - Annual Fees

Current through July 13, 2024
(a) Annual fees are
				to be paid in full prior to the fiscal year for which the fees are assessed.
				The Department shall notify all licensees of the amount of their annual fee
				ninety (90) days prior to the start of the fiscal year. The annual fee must be
				received and processed prior to the Department taking any licensing or other
				requested action.
(b) Until the
				Department can establish Projected Costs for a licensee, the licensee shall be
				billed a predetermined annual fee. The predetermined annual fee shall be equal
				to the annual estimated cost of the Program divided by the total number of
				licensees.
(c) Once the Department
				establishes Projected Costs for a licensee, the licensee shall be assessed an
				annual fee based on the licensee's average Total Costs from the previous two
				years of operation.
(d) A new
				licensee shall be billed an annual fee equal to the average Total Costs of all
				licensees, until Projected Costs can be established.
(e) Following recognition of all costs for a
				fiscal year, the Department shall prepare a statement for each licensee showing
				the itemized actual Total Costs for the fiscal year.
(i) If the annual fee collected from the
				licensee exceeds the Total Costs attributable to the licensee, the statement
				shall be accompanied by a credit or refund of the difference in amounts to the
				licensee.
(ii) If the annual fee
				collected from the licensee is less than the Total Costs attributable to the
				licensee, the statement shall be accompanied by an invoice covering the
				difference in amounts owed to the Department. The licensee shall have sixty
				(60) days from the date of the invoice to pay the Department the full
				outstanding balance of the invoice.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 8 - RISK INFORMED, PERFORMANCE BASED LICENSING AND INSPECTION › Section 8-1 - Purpose

Current through July 13, 2024
(a) This Chapter
				establishes a risk informed, performance based regulatory framework as it will
				be applied to licensees regulated by the Program. No undue risk to public
				health, safety, or the environment shall occur as a result of licensed
				operations by the licensee under this regulatory framework.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 8 - RISK INFORMED, PERFORMANCE BASED LICENSING AND INSPECTION › Section 8-2 - Scope

Current through July 13, 2024
(a) Except as
				otherwise specifically provided, this Chapter applies to all persons who
				acquire, own, possess, use, transfer, offer and receive for transport, use, or
				dispose of any licensed material pursuant to these rules. Nothing in this
				Chapter shall apply to any person subject to regulation not relinquished by the
				NRC.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 8 - RISK INFORMED, PERFORMANCE BASED LICENSING AND INSPECTION › Section 8-3 - Regulatory Approach

Current through July 13, 2024
(a) The Department
				shall determine licensing inspection actions, enforcement, and other decisions
				by the Program based on the risk informed, performance based regulatory
				approach which is a combination of the following approaches:
(i) "A risk informed approach" to regulatory
				decision-making represents a philosophy whereby risk insights are considered
				together with other factors to establish requirements that better focus
				licensee and regulatory attention on design and operational issues, pertaining
				to licensed material safety, commensurate with their importance to employee
				health and safety, public health and safety, and environmental
				protection.
(ii) "A performance
				based approach" to regulatory decision making represents a philosophy whereby
				performance standards are established that must be achieved by the licensee,
				but provides flexibility to the licensee as to the means of meeting those
				standards. This approach emphasizes results over process and methods and uses
				those results as the primary basis for regulatory decision-making. This
				approach incorporates the following attributes:
(A) Measurable (or calculable) parameters
				(i.e., direct measurements of the physical parameter of interest or of related
				parameters that can be used to calculate the parameter of interest) that exist
				to monitor a system, including facility and licensee performance;
(B) Objective criteria to assess performance
				are established based on risk insights, deterministic analysis, and performance
				history;
(C) Flexibility for
				licensees to determine how to meet the established performance criteria in ways
				that will encourage and reward improved outcomes; and
(D) Failure to meet a performance criterion,
				while undesirable, will not in and of itself constitute or result in an
				immediate safety concern.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 8 - RISK INFORMED, PERFORMANCE BASED LICENSING AND INSPECTION › Section 8-4 - Changes, Tests, or Experiments

Current through July 13, 2024
(a) Subject to the
				conditions in Section
				4(b) of this Chapter and
				without obtaining a license amendment pursuant to Chapter 4 of these rules, a
				licensee may:
(i) Make changes to the
				components of the licensed facility, which have a nexus to licensed material
				described in the most updated license application;
(ii) Make changes in the procedures as
				described in the most updated license application involving licensed material;
				and
(iii) Conduct tests or
				experiments not described in the most updated license application involving
				licensed material.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 8 - RISK INFORMED, PERFORMANCE BASED LICENSING AND INSPECTION › Section 8-5 - Safety and Environmental Review Panel

Current through July 13, 2024
(a) Each licensee
				shall develop a Safety and Environmental Review Panel (SERP). The SERP's
				purpose is to evaluate changes to the license application, procedures, or
				physical processes to the criteria in Section
				4 of this Chapter and determine if the
				action can be completed without a license amendment.
(b) The SERP shall consist of, at a minimum,
				the following three members that are employees of the licensee:
(i) One member having expertise in management
				(e.g., Plant Manager). This member shall be responsible for financial approval
				for changes;
(ii) One member having
				expertise in operations or construction. This member shall have responsibility
				for implementing any operational changes; and
(iii) One member that is the licensee's
				radiation safety officer (RSO) or equivalent. This member shall maintain the
				responsibility of assuring changes conform to radiation safety and
				environmental requirements. The Department may approve a qualified contractor
				to fulfill this role where circumstances prevent the licensee from utilizing a
				qualified employee. Department approval must be obtained in writing.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 8 - RISK INFORMED, PERFORMANCE BASED LICENSING AND INSPECTION › Section 8-6 - Contents of a SERP Evaluation

Current through July 13, 2024
(a) The evaluation
				through the SERP process must answer the items presented in Sections
				4(b) and
				4(c) of this Chapter. For
				each item the evaluation shall present their justification and this document
				shall be reviewed by the Department at the time of inspection for concurrence.
				Certain items within Section
				4 of this Chapter may require a risk
				assessment to be performed to determine the significance of an event. Those
				risk assessments will be reviewed by the Department at the time of the
				inspection.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 8 - RISK INFORMED, PERFORMANCE BASED LICENSING AND INSPECTION › Section 8-7 - Exclusions to the SERP Process

Current through July 13, 2024
(a) The following
				items shall not be approved through the SERP process and shall be sent to the
				Department as a license amendment for approval:
(i) Amending license conditions;
				and
(ii) Changes to license
				boundary.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 9 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 9-1 - Purpose

Current through July 13, 2024
(a) This Chapter
				establishes requirements for packaging, preparation for shipment, and
				transportation of licensed material.
(b) The packaging and transport of licensed
				material are also subject to the Wyoming Environmental Quality Act, Wyoming
				Statute §
									35-11-2001
et seq
. the Program's rules and regulations, and the
				regulations of other federal agencies (such as the U.S. Department of
				Transportation, the U.S. Postal Service, and the Commission) having
				jurisdiction over means of transport. The requirements of this Chapter are in
				addition to, and not in substitution for, other applicable
				requirements.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 9 - TRANSPORTATION OF RADIOACTIVE MATERIAL › Section 9-2 - Scope

Current through July 13, 2024
(a) This Chapter
				applies to any licensee authorized by specific or general license issued by the
				Department to acquire, own, possess, use, transfer, offer or receive for
				transport, or dispose of licensed material, if the licensee delivers that
				material to a carrier for transport, transports the material outside the site
				of usage as specified in the license, or transports that material on public
				highways. No provision of this Chapter allows for the unauthorized possession
				of licensed material.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part A - INTRODUCTION › Section 1-1 - Authority

Current through July 13, 2024
These standards are promulgated pursuant to the Wyoming
					 Environmental Quality Act Statutes
											35-11-101 through
					 35-11-1803,
					 specifically, but not limited to, Wyoming Statutes
					 
											35-11-501 and
					 35-11-1414
					 through
					 35-11-1432.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part A - INTRODUCTION › Section 1-2 - Codes and Standards Referenced in this Chapter

Current through July 13, 2024
(a) Wherever a
				  Chapter is referenced, it means Wyoming Solid and Hazardous Waste Division
				  Rules and Regulations, Chapter 1 Storage Tank Program, Storage Tanks, unless
				  otherwise specified. Wherever a Part or Section is referenced, it means that
				  Part or Section in this Chapter 1 unless otherwise specified.
(b) There are a number of places within this
				  Chapter where codes and standards are referenced. There are also references to
				  regulations issued by other agencies. The following apply to all such
				  references in this Chapter:
(i) In all cases,
				  the referenced codes, standards, and regulations are lengthy documents in and
				  of themselves. Inserting the entire text of these documents into this Chapter
				  would be unduly cumbersome and expensive.
(ii) The references to these codes,
				  standards, and regulations in this Chapter fully identify the material by title
				  and date, and any later amendments or editions are specifically not
				  incorporated into this Chapter.
(iii) The department has obtained a complete
				  copy of the code, standard, or regulation referenced in this Chapter and placed
				  them in the Wyoming State Library. These materials can be checked out either
				  directly from the State Library or through interlibrary loan from any Wyoming
				  library, which is part of that system.
(iv) Each code, standard, or regulation
				  referenced in this Chapter is published independently and is available from the
				  publisher. The name, address and contact information for all such publishers
				  are contained in Section 5. Copies may be obtained from the
				  publisher.
(v) Copies of the codes,
				  standards, or regulations referenced in this Chapter are also available at cost
				  by contacting the Storage Tank Program,307-777-7752.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part A - INTRODUCTION › Section 1-3 - Purpose

Current through July 13, 2024
The purpose of these rules and regulations is to:
(a) Establish a storage tank leak prevention
				  program to prevent releases and to minimize health hazards and environmental
				  damage should a release occur;
(b)
				  Allow Wyoming to assume primacy of the U.S. Environmental Protection Agency's
				  (EPA) underground storage tank (UST) program;
(c) Establish priorities for cleaning up
				  releases from storage tank systems;
(d) Establish a procedure to determine
				  environmental restoration standards;
(e) Provide underground storage tank system
				  owners and/or operators with the option of financial responsibility coverage to
				  help meet the federal requirements; and
(f) Provide aboveground storage tank system
				  owners and/or operators with the option of financial responsibility
				  coverage.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part A - INTRODUCTION › Section 1-4 - Applicability

Current through July 13, 2024
The requirements of this Chapter apply to all owners and/or
					 operators of aboveground storage tank systems as defined in
					 W.S.
					 35-11-1415(xi). Only
					 aboveground tank systems used by a dealer to dispense gasoline or diesel to the
					 public are regulated by these regulations. The requirements of this Chapter
					 apply to all owners and/or operators of underground storage tank systems as
					 defined in
					 W.S.
					 35-11-1415 except:
(a) Airport hydrant fuel distribution systems
				  and UST systems with field-constructed tanks shall meet the requirements in
				  Part M.
(b) Parts B, C, D, E, G, L,
				  and M do not apply to:
(i) Wastewater
				  treatment tank systems (not excluded in
				  W.S.
				  35-11-1415 );
(ii) Aboveground storage tanks associated
				  with airport hydrant fuel distribution systems regulated under Part M or UST
				  systems with field-constructed tanks regulated under Part M;
(iii) Any UST system containing radioactive
				  materials that are regulated under the Atomic Energy Act of 1954, as Adopted (
				  42 U.S.C.
				  2011 and following); and
(iv) Any UST system that is part of an
				  emergency generator system at nuclear power generation facilities licensed by
				  the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission
				  requirements regarding design and quality criteria, including but not limited
				  to 10 CFR Part 50.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part B - TECHNICAL SPECIFICATIONS › Section 1-7 - Substandard USTs

Current through July 13, 2024
UST systems that do not meet the standards of Section 6
					 shall not be placed back into service if they have been temporarily closed for
					 more than 1 year. Substandard USTs shall be permanently closed or removed from
					 the ground in accordance with Part G. A tank that has been permanently closed
					 or that has gone through a change in service shall not be brought back into
					 service unless the tank meets the requirements in Section 6 and the double-wall
					 requirements in Section 14(h). This Section does not apply to previously
					 deferred UST systems described in Part M.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part B - TECHNICAL SPECIFICATIONS › Section 1-8 - Repairs Allowed

Current through July 13, 2024
(a) Owners and/or
				  operators of storage tank systems shall ensure that repairs will prevent
				  releases due to structural failure or corrosion as long as the storage tank
				  system is used to store regulated substances. The repairs shall meet the
				  following requirements:
(i) Repairs to UST
				  systems shall be properly conducted in accordance with one or more of the
				  following industry standards or practices:
(A)
				  NFPA Standard 30, as referenced in Section 2;
(B) API Recommended Practice 2200, as
				  referenced in Section 2;
(C) API
				  Standard 1631, as referenced in Section 2;
(D) NFPA Standard 326, as referenced in
				  Section 2;
(E) National Leak
				  Prevention Association Standard 631, as referenced in Section 2;
(F) STI Recommended Practice R972, as
				  referenced in Section 2;
(G) NACE
				  International Standard Practice SP0285, as referenced in Section 2;
				  or
(H) Fiberglass Tank and Pipe
				  Institute Recommended Practice T-95-02, as referenced in Section 2.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part C - GENERAL OPERATING REQUIREMENTS › Section 1-9 - Notification Requirements

Current through July 13, 2024
(a)
New
				  Tank Systems.
Any owner and/or operator who brings a storage tank
				  system regulated under this Chapter into use shall, within 30 days of bringing
				  such tank into use, submit a notice of the existence of such tank system to the
				  department. The notice shall be submitted on the form prescribed by the
				  department.
(b)
Existing
				  Storage Tank Systems.
Owners and/or operators of an UST that has been
				  used to store regulated substances since January 1, 1974, and that was in the
				  ground as of May 8, 1986, shall immediately submit to the department, on the
				  form prescribed by the department, a notice of the existence of such tank(s).
				  Owners and/or operators of any AST that has been used to sell fuel to the
				  public since July 1, 1994, shall immediately submit to the department, on the
				  form prescribed by the department, a notice of the existence of such tank(s).
				  All storage tanks located at the same facility shall be registered under the
				  same facility identification number.
(c)
Fees
. Owners and/or
				  operators of storage tank systems shall pay the annual fees specified by
				  W.S.
				  35-11-1425 no later than January 1 of each
				  year or 30 days after the first invoice, whichever is the later date. Fees are
				  not prorated; the fee is assessed based on a calendar year. Fees begin on the
				  date when the tank is first filled with a regulated substance and end on the
				  date when the tank is placed permanently out of service or converted to a
				  non-regulated use under these regulations.
(d)
UST Certification.
All
				  owners and/or operators of new UST systems shall certify on the notification
				  form conformance with the following requirements:
(i) Installation of tanks and piping under
				  Section 6(d);
(ii) CP of steel
				  tanks and piping under Section 6(a) and (b);
(iii) Financial responsibility under Part
				  N;
(iv) Release detection under
				  Sections 14 through 17; and
(v)
				  Overfill and spill prevention under Section 6(c).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part C - GENERAL OPERATING REQUIREMENTS › Section 1-11 - Operation and Maintenance of Cathodic Protection (CP) Systems

Current through July 13, 2024
All owners and/or operators of metal storage tank systems
					 with CP shall comply with the following requirements to ensure that releases
					 due to corrosion are prevented until the storage tank system is permanently
					 closed or undergoes a change-in-service pursuant to Part G:
(a)
Continuous Operation
.
				  All CP systems shall be operated and maintained to continuously provide
				  corrosion protection to the metal components of that portion of the tank and
				  piping that routinely contain regulated substances and are in contact with the
				  ground. Once installed, CP systems shall not be removed, even if the tank has
				  also been internally lined, as long as metal tanks or connected piping exist on
				  that site. This does not prevent replacing parts of the CP system that have
				  become defective.
(b)
Periodic Inspections.
All storage tank systems equipped with
				  CP systems shall be inspected for proper operation by a qualified CP tester in
				  accordance with the following requirements:
(i) All CP systems shall be tested within 6
				  months of installation and at least once every 3 years thereafter.
(ii) The criteria that are used to determine
				  that CP is adequate shall be in accordance with:
(A) NACE International Test Method TM0101, as
				  referenced in Section 2;
(B) NACE
				  International Test Method TM0497, as referenced in Section 2;
(C) NACE International Standard Practice
				  SP0285, as referenced in Section 2;
(D) NACE International Standard Practice
				  SP0169, as referenced in Section 2; or
(E) STI Recommended Practice R051, as
				  referenced in Section 2.
(iii) All CP systems shall be tested within 6
				  months of any repair or substantial modification to the storage tank system, or
				  any other installation on the facility requiring excavation, in accordance with
				  NACE Standard SP0285, as referenced in Section 2.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part C - GENERAL OPERATING REQUIREMENTS › Section 1-12 - Compatibility

Current through July 13, 2024
(a) Storage tank
				  systems shall be made of, or lined with, materials that are compatible with the
				  regulated substance stored.
(b)
				  Owners and/or operators shall notify the department at least 30 days prior to
				  changing to a regulated substance containing greater than 10 percent ethanol,
				  greater than 20 percent biodiesel, or any other STP-regulated substance
				  identified by the department. In addition, owners and/or operators shall meet
				  the following:
(i) Prior to storing these
				  substances in an existing or new tank system, owners and/or operators shall
				  demonstrate that storage tank system components are compatible with the
				  substance to be stored. Compatibility demonstration shall be made by one of the
				  following:
(A) Certification or listing of
				  tank system equipment or components by a nationally recognized, independent
				  testing laboratory for use with the regulated substance stored; or
(B) Equipment or component manufacturer
				  certification that the tank system components are compatible for use with the
				  substance to be stored. This certification shall be in writing, indicating an
				  affirmative statement of compatibility, including the biofuel blend range (if
				  applicable), for which the component is compatible.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part C - GENERAL OPERATING REQUIREMENTS › Section 1-13 - Inspection and Right of Entry, Reporting, and Recordkeeping

Current through July 13, 2024
(a)
Inspection and Right of Entry
. Any authorized agent of the
				  State of Wyoming has the right of entry for inspection, assessments,
				  monitoring, and corrective actions in accordance with the provisions of
				  W.S.
				  35-11-1422. Owners and/or operators shall
				  cooperate fully with inspections, including providing access to all manholes,
				  dispenser cabinets, CP rectifiers, and tank monitoring equipment. Compliance
				  with this Section requires that owners and/or operators open manholes and other
				  access points so department inspectors can see the condition of all equipment.
				  If an owner and/or operator is unable to open the access points, requiring
				  department personnel to open this equipment, any damages to any equipment or
				  property shall be the responsibility of the facility owner and/or operator.
				  Damages include, but are not limited to, those resulting from misplacement of
				  covers, lids, or dispenser cabinet doors.
(b)
Reporting
. Owners and/or
				  operators of storage tank systems shall cooperate fully with inspections,
				  monitoring, and testing conducted by the department; and requests by the
				  department for the following documents, notifications, testing, and monitoring
				  information:
(i) Notification for all storage
				  tank systems (Section 9 ), which includes certification of installation for new
				  storage tank systems;
(ii)
				  Notification when any person assumes ownership of a tank system (Section 9
				  );
(iii) Notification for all
				  substantial modifications (Section 6(e) for USTs and Section 35(q) for
				  ASTs);
(iv) Notification prior to
				  changing tank systems to certain regulated substances (Section 12 );
(v) Reports of all releases including
				  suspected releases (Section 19 ), spills and overfills (Section 22 ), and
				  confirmed releases (Sections 23 through 25 );
(vi) Notification before permanent closure,
				  change of status, or change-in-service (Part G);
(vii) Documentation required in Section 25 by
				  owners and/or operators eligible for the state corrective action account;
				  and/or
(viii) Documentation
				  required in Section 24 by owners and/or operators not eligible for the state
				  corrective action account.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part D - UST SYSTEMS: RELEASE DETECTION › Section 1-14 - Requirements for All UST Systems

Current through July 13, 2024
(a)
Release
				  Detection.
Owners and/or operators of UST systems shall provide a
				  method, or combination of methods, of release detection that:
(i) Can detect a release from any portion of
				  the tank and the connected piping that routinely contains a regulated
				  substance;
(ii) Is installed and
				  calibrated in accordance with the manufacturer's instructions showing that the
				  leak detection equipment is fully operational and in proper
				  calibration;
(iii) Beginning
				  October 13, 2018, is operated and maintained and electronic and mechanical
				  components are tested for proper operation in accordance with the
				  manufacturer's instructions, PEI RP1200 as referenced in Section 2, or a method
				  determined by the department to be no less protective of health and the
				  environment than other testing methods in this Section; and
(iv) Meets the performance requirements in
				  Sections 14, 15, 16, 17, or Part M, as applicable, with any performance claims
				  and their manner of determination described in writing by the equipment
				  manufacturer or installer. Methods used shall be capable of detecting the leak
				  rate or quantity specified for that method in Sections 14, 15, 16, 17, or Part
				  M with a probability of detection of 0.95 and a probability of false alarm of
				  0.05.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part D - UST SYSTEMS: RELEASE DETECTION › Section 1-15 - Petroleum USTs with a Capacity of 2,000 Gallons or Less

Current through July 13, 2024
Tanks installed on or after December 1, 2005, shall be
					 double-wall systems and interstitially monitored. Tanks installed on or before
					 November 30, 2005, shall be monitored for releases at least every 30 days using
					 one of the methods listed in Section 16. Tanks with a capacity of 550 gallons
					 or less and tanks with a capacity of 551 to 1,000 gallons that meet the tank
					 diameter criteria in Table 1 may use manual tank gauging as the sole method of
					 release detection in accordance with Section 15(a). All other tanks with a
					 nominal capacity of 551 to 2,000 gallons may use manual tank gauging in place
					 of inventory control.
(a)
Manual Tank Gauging.
Manual tank gauging shall meet the
				  following requirements:
(i) Tank liquid level
				  measurements shall be taken at the beginning and ending of the minimum test
				  duration shown in Table 1 during which no liquid is added to or removed from
				  the tank;
(ii) Level measurements
				  shall be based on an average of two consecutive stick readings at both the
				  beginning and end of the period;
(iii) The equipment used shall be capable of
				  measuring the depth of the regulated substance over the full range of the UST's
				  height to the nearest one-eighth of an inch;
(iv) A suspected release shall be declared
				  and the requirements of Part E shall be followed if the variation between
				  beginning and ending measurements exceeds the weekly or monthly standards in
				  Table 1:
TABLE 1 MANUAL TANK GAUGING
							 VARIATION STANDARDS
Nominal Tank Capacity
Weekly
							 Standard (one test)
Monthly Standard (average of four tests)
Minimum Test Duration Hours*
550 gallons or less
10 gallons
5 gallons
36
551-1,000 gallons (when the tank diameter
							 is 64")
9 gallons
4 gallons
44
551-1,000 gallons (when the tank diameter
							 is 48")
12 gallons
6 gallons
58
551-1,000 gallons
13 gallons
7 gallons
36
1,001-2,000 gallons
26 gallons
13 gallons
36
* Nothing can be added to or removed from the UST for the
					 duration of the test.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part D - UST SYSTEMS: RELEASE DETECTION › Section 1-17 - Hazardous Substance UST Systems

Current through July 13, 2024
Owners and/or operators of hazardous substance UST systems
					 shall provide containment that meets the following requirements and monitor
					 these systems every 30 days using Section 16(f):
(a)
Release Detection
.
				  Hazardous substance UST systems shall have a secondary containment system, be
				  constructed with double-wall tanks, or be constructed with an external liner or
				  vault surrounding the entire tank system. These systems shall meet the
				  following requirements:
(i) Secondary
				  containment systems shall:
(A) Be designed,
				  constructed, and installed to contain regulated substances leaked from the
				  primary containment until those substances are detected and removed;
(B) Be designed, constructed, and installed
				  to prevent the release of regulated substances to the environment at any time
				  during the operational life of the UST system; and
(C) Be inspected for evidence of a release at
				  least once every 30 days.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part D - UST SYSTEMS: RELEASE DETECTION › Section 1-18 - Release Detection Recordkeeping for UST Owners and/or Operators

Current through July 13, 2024
All UST system owners and/or operators shall maintain
					 records in accordance with Section 13 demonstrating compliance with all
					 applicable requirements of this Part. These records shall include the
					 following:
(a)
Performance
				  Claims
. All written performance claims pertaining to any release
				  detection system used, and the manner in which these claims have been justified
				  or tested by the equipment manufacturer or installer, shall be maintained for 5
				  years from the date of installation. Not later than October 13, 2018, records
				  of site assessments required under Sections 16(d) and (e) shall be maintained
				  for as long as the methods are used. Records of site assessments developed
				  after October 13, 2015, shall be signed by a professional engineer or
				  professional geologist registered in the State of Wyoming;
(b)
Test Results.
The
				  results of any sampling, testing, or monitoring shall be maintained for at
				  least 3 years except:
(i) Tank tightness
				  testing results shall be retained until the next test is conducted;
				  and
(ii) Tank tightness testing,
				  line tightness testing, and vapor monitoring using a tracer compound placed in
				  the tank system conducted in accordance with Section 51(d) shall be retained
				  until the next test is conducted.