reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 6 - Permitting Requirements › Section 6-1 - Introduction to permitting requirements

Current through July 13, 2024
(a) Chapter 6
				establishes permitting requirements for all sources constructing and/or
				operating in the State of Wyoming. Section 2 covers general air quality
				permitting requirements for construction and modification as well as minor
				source permits to operate. Notwithstanding the requirements of Section 2(a)(i)
				and (iii), a preconstruction permit under Section 2 is not required for the
				pollutant Greenhouse Gases (GHGs) unless the facility or source is also
				required to obtain a permit for GHGs under Chapter 6, Section 4. Section 3 is
				the state operating permit program required under Title V of the Clean Air Act.
				Section 4 is the prevention of significant deterioration (PSD) program. The
				Section 5 language regarding permitting requirements for major sources of
				hazardous air pollutants for which a MACT (Maximum Achievable Control
				Technology) standard has been established under section 112 of the Clean Air
				Act has been removed from Chapter 6, and is now covered under Chapter 5,
				Section 3. Section 6 covers permitting requirements for major sources of
				hazardous air pollutants for which a MACT standard has not been established
				under section 112 of the Clean Air Act. Section 7 establishes the terms under
				which clean air resource allocations expire. Section 8 is reserved. Section 9
				establishes Best Available Retrofit Technology (BART) requirements and provides
				guidelines for identifying sources subject to BART. Sections 10, 11 and 12 are
				reserved. Section 13 covers permitting requirements for new and modified major
				stationary sources located in a nonattainment area. Section 14 incorporates by
				reference all Code of Federal Regulations (CFRs) cited in this chapter,
				including their Appendices.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 6 - Permitting Requirements › Section 6-2 - Permit requirements for construction, modification, and operation

Current through July 13, 2024
(a)
(i) Any person who plans to construct any new
				facility or source, modify any existing facility or source, or to engage in the
				use of which may cause the issuance of or an increase in the issuance of air
				contaminants into the air of this state shall obtain a construction permit from
				the State of Wyoming, Department of Environmental Quality before any actual
				work is begun on the facility.
(ii) Any facility or source required to
				obtain a permit for construction or modification under this section must, if
				subject to the provisions of Chapter 6, Section 3 of these regulations, submit
				an application to the Division for a Chapter 6, Section 3 operating permit
				within twelve (12) months of commencing operation.
(iii) Facilities or sources not subject to
				the provisions of Chapter 6, Section 3 of these regulations shall obtain a
				Chapter 6, Section 2 operating permit from the Department, pursuant to this
				section, for operation after a 120-day start-up period.
(iv) A permit to operate is also required for
				the operation of an existing portable source in each new location. However, a
				permit to construct is required for each new location that is a new source or
				facility and for each new or modified portable source or facility.
(v) Permit Fees: Persons applying for a
				permit under this section, or waiver from permit requirements under Chapter 6,
				Section 2(k)(viii), shall pay a fee to cover the Department's cost of reviewing
				and acting on permit applications in accordance with paragraph (o) of this
				section.
(vi) Facilities or sources
				subject to the provisions of Chapter 6, Section 5 or Chapter 6, Section 6 shall
				submit the permit application as required by Chapter 6, Section 5(a)(iii) or by
				Chapter 6, Section 6(h)(iv) as part of the permit application submitted in
				accordance with Chapter 6, Section 2(b)(i).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 6 - Permitting Requirements › Section 6-5 - Permit requirements for construction and modification of NESHAPs sources

Current through July 13, 2024
Permit requirements for construction and modification of
				  NESHAP sources are no longer covered under Chapter 6, Section 5. Refer to
				  Chapter 5, National Emission Standards, Section 3, National emission standards
				  for hazardous air pollutants.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 6 - Permitting Requirements › Section 6-14 - Incorporation by reference

Current through July 13, 2024
(a) Code of Federal
				Regulations (CFR). Except as otherwise noted, all Code of Federal Regulations
				(CFRs) cited in this chapter, including their Appendices, revised and published
				as of July 1, 2017, not including any later amendments, are incorporated by
				reference. Copies of the Code of Federal Regulations are available for public
				inspection and can be obtained at cost from the Department of Environmental
				Quality, Division of Air Quality, Cheyenne Office. Contact information for the
				Cheyenne Office can be obtained at
http://deq.wyoming.gov/
. Copies of the
				CFRs can also be obtained at cost from Government Institutes, 15200 NBN Way,
				Building B, Blue Ridge Summit, PA 17214, or online at
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR
.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 8 - Nonattainment Area Regulations › Section 8-1 - Introduction to Nonattainment Area Regulations

Current through July 13, 2024
(a)
				Chapter 8 establishes regulations specific to areas not attaining the National
				Ambient Air Quality Standards. Section  2  applies exclusively to Sweetwater
				County, Wyoming particulate matter regulations. Section  3  applies to general
				federal actions, excluding those covered under Section  4, within any federally
				designated nonattainment area of the state. Section  4  applies to specific
				transportation projects within any federally designated nonattainment area of
				the state. Section  5  establishes requirements for the submittal of emission
				inventories from facilities or sources located in an ozone nonattainment
				area(s) pursuant to the requirements of the Clean Air Act, Section 182. Section
				 6  establishes requirements for all PAD and single-well oil and gas production
				facilities or sources, and all compressor stations, located in the Upper Green
				River Basin (UGRB) ozone nonattainment area that were existing as of January 1,
				2014. Sections  7  through  9  are reserved. Section  10  incorporates by reference
				all Code of Federal Regulations (CFRs) cited in this chapter, including their
				Appendices.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 8 - Nonattainment Area Regulations › Section 8-3 - Conformity of General Federal Actions to State Implementation Plans

Current through July 13, 2024
(a) Prohibition.
(i) No department, agency or instrumentality
				of the Federal Government shall engage in, support in any way or provide
				financial assistance for, license or permit, or approve any activity which does
				not conform to an applicable implementation plan.
(ii) A Federal agency must make a
				determination that a Federal action conforms to the applicable implementation
				plan in accordance with the requirements of this section before the action is
				taken.
(iii) Reserved
(iv) Notwithstanding any provision of this
				section, a determination that an action is in conformance with the applicable
				implementation plan does not exempt the action from any other requirements of
				the applicable implementation plan, the National Environmental Policy Act
				(NEPA), or the CAA.
(v) If an
				action would result in emissions originating in more than one nonattainment or
				maintenance area, the conformity must be evaluated for each area
				separately.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 8 - Nonattainment Area Regulations › Section 8-5 - Ozone Nonattainment Emission Inventory Rule

Current through July 13, 2024
(a)
				Applicability.
(i) This rule applies to a
				facility or source operating in an ozone nonattainment area(s), as identified
				in  40 CFR Part 81, if:
(A) The facility or
				source has been granted permit approval to construct and/or operate under
				Chapter 6 of the Wyoming Air Quality Standards and Regulations (WAQSR);
				or
(B) It is an individual oil or
				gas facility or source; or
(C)
				Actual emissions from the stationary facility or source are greater than or
				equal to 25 tons per year of volatile organic compounds (VOCs) as defined in
				Chapter 3, Section  6(a) of the WAQSR, or oxides of nitrogen
				(NOx).
(I) If
				NOx or VOCs are emitted from a facility or source at or
				above the applicability threshold identified in subsection (a)(i)(C), both air
				contaminants must be included in the emission inventory even if one of the air
				contaminants is emitted at a level below the applicability threshold.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 8 - Nonattainment Area Regulations › Section 8-6 - Upper Green River Basin Permit by Rule for Existing Sources

Current through July 13, 2024
(a) Applicability.
(i) These regulations apply to all PAD and
				single-well oil and gas production facilities or sources, and all compressor
				stations, located in the Upper Green River Basin (UGRB) ozone nonattainment
				area that exist as of January 1, 2014. The UGRB ozone nonattainment area is
				that area which was adopted by reference from  40 CFR Part 81.351, revised and
				published as of July 1, 2013, not including any later amendments. Copies of the
				Code of Federal Regulations (CFR) are available for public inspection and can
				be purchased from the Department of Environmental Quality, Air Quality
				Division, Cheyenne Office. Contact information for the Cheyenne Office is
				available at:
http://deq.wyoming.gov/
. Copies of the
				CFR can also be purchased from Government Institutes, 15200 NBN Way, Building
				B, Blue Ridge Summit, PA 17214, or online at:
https://ecfr.gov
.
(ii) PAD and single-well oil and gas
				production facilities or sources, shall comply with all applicable requirements
				of these regulations unless a WAQSR Chapter 6, Section  2  permit has been issued
				that meets or exceeds the control requirements of these regulations;
				and
(iii) A compressor station, as
				defined in Subsection (b), shall comply with the requirements of Subsection (g)
				of these regulations unless a WAQSR Chapter 6, Section  2  permit has been issued
				that meets or exceeds the Subsection (g) requirements; and
(iv) In spite of the requirements of Chapter
				6, Section  2(a)(i) and (iii)  of the WAQSR, a preconstruction permit under
				Chapter 6, Section  2  is not required for any control device (flare/enclosed
				combustion unit) or equipment identified in these regulations unless a facility
				or source is required to obtain a permit under Chapter 6, Section  4  or Section
				13.
(v) A WAQSR Chapter 6, Section
				 2  permit will be required for the use of any alternative emission control
				device and/or equipment to be used in lieu of, or in combination with, a
				combustion device required by these regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 8 - Nonattainment Area Regulations › Section 8-10 - Incorporation by Reference

Current through July 13, 2024
(a) Code of
				Federal Regulations (CFR). All Code of Federal Regulations (CFRs) cited in this
				chapter, including their Appendices, revised and published as of July 1, 2023,
				not including any later amendments, are incorporated by reference. Copies of
				the CFR are available for public inspection and can be obtained at cost from
				the Department of Environmental Quality, Air Quality Division, Cheyenne Office.
				Contact information for the Cheyenne Office can be obtained at:
https://deq.wyoming.gov/
. Copies
				of the CFR can also be obtained at cost from Government Institutes, 15200 NBN
				Way, Building B, Blue Ridge Summit, PA 17214, or online at
https://ecfr.gov
.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 9 - VISIBILITY IMPAIRMENT/PM FINE CONTROL › Section 9-1 - Introduction to visibility impairment/PM fine control

Current through July 13, 2024
(a) This
				chapter establishes regulations to protect visibility. Section
				2 addresses plume blight impairment in Class
				I Areas.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 10 - SMOKE MANAGEMENT › Section 10-1 - Introduction to smoke management

Current through July 13, 2024
(a) Chapter 10
				establishes restrictions and requirements on specific burning practices.
				Section
				2 regulates refuse burning; open burning of
				trade wastes, for salvage operations, for fire hazards, and for fire fighting
				training; and vegetative material open burning. Section
				3 specifically regulates emissions from
				wood waste burners. Section
				4 regulates sources of vegetative burning
				for the management of air quality emissions and impacts from smoke on public
				health and visibility.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 10 - SMOKE MANAGEMENT › Section 10-3 - Wood waste burners

Current through July 13, 2024
(a) Emissions of
				any air contaminant from any wood waste burner discharged into the atmosphere
				for a period or periods aggregating more than 6 minutes in any one hour shall
				not exceed:
(i) An opacity of 20 percent as
				determined by a qualified observer.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 11 - National Acid Rain Program › Section 11-1 - Introduction to National Acid Rain Program

Current through July 13, 2024
(a)
				Chapter 11 sets forth requirements established in Title IV of the 1990 Clean
				Air Act Amendments. The national acid rain program is a program to reduce
				sulfur dioxide and nitrogen oxide emissions through a federally implemented,
				market-based approach for controlling air pollution.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 11 - National Acid Rain Program › Section 11-2 - Acid Rain Program

Current through July 13, 2024
(a) General: The
				U.S. Environmental Protection Agency regulations on Acid Rain designated in
				Chapter 11, Section  2(b) are incorporated by reference into these
				regulations.
(b) Acid Rain Program
				Regulations: The following Acid Rain Program Regulations found in 40 CFR Parts
				72 - 78, revised and published as of July 1, 2023, not including any later
				amendments, are adopted and incorporated by reference. Copies of Acid Rain
				Program Regulations are available for public inspection and can be obtained at
				cost from the Department of Environmental Quality, Air Quality Division,
				Cheyenne Office. Contact information for the Cheyenne Office can be obtained
				at:
https://deq.wyoming.gov/
.
				Copies of the CFR can also be obtained at cost from Government Institutes,
				15200 NBN Way, Building B, Blue Ridge Summit, PA 17214, or online at
https://ecfr.gov
.
40 CFR Part 72  -
Permits Program
40 CFR Part 73  -
Allowance System
40 CFR Part 74  -
Opting into the Acid Rain Program
40 CFR Part 75  -
Continuous Emission Monitoring
40 CFR Part 76  -
Acid Rain Nitrogen Oxide Emission Reduction
						  Program
40 CFR Part 77  -
Excess Emissions
40 CFR Part 78  -
Appeal Procedures for Acid Rain
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 12 - EMERGENCY CONTROLS › Section 12-1 - Introduction to emergency controls

Current through July 13, 2024
(a) This Chapter is
				designed to prevent the excessive build-up of air pollutants during air
				pollution episodes, thereby preventing the occurrence of an emergency due to
				the effects of these pollutants on the health of persons.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 12 - EMERGENCY CONTROLS › Section 12-2 - Air pollution emergency episodes

Current through July 13, 2024
(a) Conditions
				justifying the proclamation of an air pollution alert, air pollution warning or
				air pollution emergency shall be deemed to exist whenever the Division
				determines that the accumulation of air pollutants in any place is attaining or
				has attained levels which could, if such levels are sustained or exceeded, lead
				to a substantial threat to the health of persons. In making this determination,
				the Division will be guided by the following criteria:
(i) Air pollution forecast: An internal watch
				by the Division shall be activated by a National Weather Service advisory that
				an Atmospheric Stagnation Advisory, or the equivalent local forecast of a
				stagnant atmospheric condition is in effect.
(ii) Air pollution alert: The alert level is
				that concentration of pollutants at which first stage actions begin. An alert
				will be declared when any one of the following levels is reached at any
				monitoring site:
(A)
				PM10 - 350 µg/m3,
				24-hour average;
(B)
				SO2 - 800 µg/m3 (0.3
				ppm), 24-hour average.
(iii) Warning: The warning level indicates
				that air quality is continuing to degrade and that additional control actions
				are necessary. A warning will be declared when any one of the following levels
				is reached at any monitoring site:
(A)
				PM10 - 420 µg/m3,
				24-hour average;
(B)
				SO2 - 1600 µg/m3 (0.6
				ppm), 24-hour average.
(iv) Emergency: The emergency level indicates
				that air quality is continuing to degrade to a level of significant harm to the
				health of persons and that the most stringent control actions are necessary. An
				emergency will be declared when any one of the following levels is reached at
				any monitoring site:
(A)
				PM10 - 500 µg/m3,
				24-hour average;
(B)
				SO2 - 2100 µg/m3 (0.8
				ppm), 24-hour average.
(v) Termination: Once declared, any status
				reached by application of these criteria will remain in effect until the
				criteria for that level are no longer met. At such time, the next lower status
				will be assumed.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 13 - MOBILE SOURCES › Section 13-2 - Motor vehicle pollution control

Current through July 13, 2024
(a) No person shall
				intentionally remove, alter or otherwise render ineffective or inoperative,
				exhaust emission control crank case ventilation or any other air pollution
				control device or system which has been installed on a motor vehicle or
				stationary internal combustion engine as a requirement of any federal law or
				regulation.
(b) No person shall
				operate a motor vehicle or other internal combustion engine originally equipped
				with air pollution devices or systems as required by any federal law or
				regulation unless such devices or systems are in place and in operating
				condition.
(c) Subsections (a) and
				(b) of this regulation shall not apply to vehicles or stationary internal
				combustion engines which have been modified or altered to use a fuel other than
				gasoline or diesel fuel, except that such units shall comply with existing
				standards for emissions therefrom.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 14 - Emission Trading Program Regulations › Section 14-1 - Introduction to Emission Trading Programs

Current through July 13, 2024
(a)
				Chapter 14 establishes requirements for trading programs authorized under
				Wyoming Statute §
									35-11-214. Section  2  implements the Western Backstop
				(WEB) Sulfur Dioxide Trading Program provisions in accordance with the federal
				Regional Haze Rule,  40 CFR Part 51.309 . Section  3  establishes consistent
				recordkeeping and reporting requirements for stationary sources in Wyoming to
				determine whether sulfur dioxide emissions remain below the sulfur dioxide
				milestones established in the state implementation plan for regional haze.
				Section  4  is reserved. Section  5  incorporates by reference all Code of Federal
				Regulations (CFRs), including their Appendices, cited in this Chapter, unless
				portions of said CFRs are specifically excluded.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 14 - Emission Trading Program Regulations › Section 14-3 - Sulfur Dioxide Milestone Inventory

Current through July 13, 2024
(a)
				Applicability.
(i) Section  3  of this chapter
				applies to all stationary sources with actual emissions of 100 tons per year or
				more of sulfur dioxide in calendar year 2000 or any subsequent year.
(ii) Except as provided in (iii), any source
				that meets the criteria of (i) that emits less than 100 tons per year in any
				subsequent year shall remain subject to the requirements of Section  3  of this
				chapter until 2018 or until the first control period under the Western Backstop
				Sulfur Dioxide Trading Program as established in Section  2  of this chapter,
				whichever is earlier.
(iii) A
				stationary source that meets the requirements of (i) that has permanently
				ceased operation is exempt from the requirements of Chapter 14.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 14 - Emission Trading Program Regulations › Section 14-5 - Incorporation by Reference

Current through July 13, 2024
(a) Code of
				Federal Regulations (CFR). All Code of Federal Regulations (CFRs), including
				their Appendices, cited in this Chapter, revised and published as of July 1,
				2023, not including any later amendments, unless portions of said CFRs are
				specifically excluded in citation, are incorporated by reference. Copies of the
				CFR are available for public inspection and copies can be obtained at cost from
				the Department of Environmental Quality, Air Quality Division, Cheyenne Office.
				Contact information for the Cheyenne Office can be obtained at:
http://deq.wyoming.gov/
. Copies of
				the CFR can also be obtained at cost from Government Institutes, 15200 NBN Way,
				Building B, Blue Ridge Summit, PA 17214 or online at
https://ecfr.gov
.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - IN GENERAL

Current through July 13, 2024
(a) AUTHORITY. This
				Chapter is promulgated pursuant to the Wyoming Environmental Quality Act,
				specifically Wyoming Statute (W.S.)
										35-11-503.
(b) APPLICABILITY. The rules contained herein
				shall apply to any person, government or governmental subdivision, corporation,
				organization, partnership, business trust, association, district, or other
				entity involved in any aspect of the management of hazardous waste.
(c) OBJECTIVE. The objective of these rules
				is to provide minimum standards for the management of hazardous waste in order
				to carry out the policy and purpose of the Wyoming Environmental Quality Act,
				W.S.
				35-11-102, and to adopt the federal rules as
				of July 7, 2020, with exceptions as noted.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - INCORPORATION BY REFERENCE (IBR) OF 40 CFR

Current through July 13, 2024
(a) GENERAL. For
				any code, standard, rule or regulation incorporated by reference in these
				rules:
(i) The Wyoming Department of
				Environmental Quality, Solid and Hazardous Waste Division, has determined that
				incorporation of the full text in these rules would be cumbersome or
				inefficient given the length or nature of the rules;
(ii) The incorporation by reference (IBR)
				does not include any later amendments or editions of the incorporated matter
				beyond the applicable date identified in subsection (b) of this
				section.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - SUBSTITUTION OF STATE TERMS FOR FEDERAL TERMS

Current through July 13, 2024
The following State terms shall replace the federal terms in
				  40 CFR Parts 260 through 268, 270, 273, 279, and 124, unless otherwise noted in
				  these rules:
(a) Act. Wyoming
				Environmental Quality Act,
				W.S.
				35-11-101 et seq.
(b) Administrator, Regional Administrator.
				Director of the Wyoming Department of Environmental Quality, or their
				designee.
(c) Board, or
				Environmental Appeals Board. The Wyoming Environmental Quality
				Council.
(d) Director, Regional
				Director, or State Director. The Director of the DEQ or his or her
				designee.
(e) EPA, U.S.
				Environmental Protection Agency, EPA Headquarters. The DEQ, except when used in
				40 CFR
				262.25 or to refer to an EPA Identification
				number, EPA hazardous waste number, EPA forms, publications or guidance, o r
				EPA Acknowledgment of Consent. Under the latter circumstances, the definition
				shall be the U.S. Environmental Protection Agency and the Headquarters of the
				U.S. Environmental Protection Agency as appropriate.
(f) Qualified Professional Engineer. A
				professional engineer registered in the State of Wyoming. Professional
				engineers must be registered in Wyoming when activities require Professional
				Engineer certification.
(g)
				Qualified Geologist or Geologists. A professional geologist registered in the
				State of Wyoming. Professional geologists must be registered in Wyoming when
				activities require professional geologist certification.
(h) RCRA. The comparable sections of the
				Wyoming Environmental Quality Act.
(i) RCRA Permit. State hazardous waste
				management facility (HWMF) permit, which is an authorization, license, or
				equivalent control document issued by the DEQ to implement the requirements of
				W.S.
				35-11-503(d).
(j) State. The State of Wyoming.
(k) United States or U.S. The State of
				Wyoming.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - DEFINITIONS

Current through July 13, 2024
When used in these rules and any materials incorporated
				  herein by reference, the following definitions apply unless their application
				  would be inconsistent with the Act. Terms not otherwise defined in this Section
				  will have the meaning given by RCRA.
(a) Air contaminant. Dust, fumes, mist,
				smoke, other particulate matter, vapor, gas or any combination of the
				foregoing, but shall not include steam or water vapor. - Chapter 1, Section 3
				(Air Quality Rules).
(b) Air
				pollution. The presence in the outdoor atmosphere of one or more air
				contaminants in such quantities and duration as is materially injurious to
				human health or welfare, animal or plant life or property, or unreasonably
				interferes with the enjoyment of life or property. - Chapter 1, Section 3 (Air
				Quality Rules).
(c) Assumed target
				intakes. The standard EPA exposure assumptions and factors as defined in the
				"OSWER Directive 9285.6-03," and the EPA "exposure factors handbook," as
				specified in "Exposure Factors Handbook", 2011, U.S. Environmental Protection
				Agency, EPA 600/R-09/052F.
(d)
				Chronic. That time period from seven years to a lifetime.
(e) Class I facilities. Any non-commercial or
				non-profit treatment or storage facility, not engaged specifically in
				incineration, used solely to manage hazardous wastes that are generated by the
				owner of the facility at the site of the facility, or any existing, but closed
				treatment, storage, or disposal facility.
(f) Class II facilities: Any non-commercial
				or non-profit treatment facility engaged specifically in incineration or any
				non-commercial or non-profit facility engaged in the disposal of hazardous
				waste that is used solely to manage hazardous wastes that are generated by the
				owner of the facility at the site of the facility.
(g) Class III facilities:
(i) Any commercial treatment, storage, or
				disposal facility;
(ii) Any other
				facility used to manage hazardous wastes that is not classified as either a
				Class I or Class II facility.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-124 - ADMINISTRATIVE PROCEDURES

Current through July 13, 2024
(a) IBR AND
				EXCEPTIONS. 40 CFR Part 124 , Subparts A, B, and G are herein incorporated by
				reference with the exception of the last sentence of
				40 CFR
				124.10(b)(1), the fourth
				sentence of
				40 CFR
				124.31(a), the third
				sentence of
				40 CFR
				124.32(a), and the second
				sentence of
				40 CFR
				124.33(a).
				40 CFR Sections
				124.1,
				124.4,
				124.5(c),
				124.5(e)-(g),
				124.6(c),
				124.6(d)(4)(ii)-(v),
				124.8(b)(3),
				124.8(b)(8),
				124.9(b)(6),
				124.10(a)(1)(iv)-(v),
				124.10(c)(1)(iv)
				-(viii), 124.10(c)(2)(i), 124.10(d)(1)(vii)-(viii), 124.10(d)(2)(iv),
				124.12(b), 124.15(b)(2), 124.16, 124.18(b)(5), 124.19, 124.21, 124.204(d)(1)
				and (4), 124.205(a) and (h) are also not incorporated by reference.
(i) For purposes of
				40
				CFR 124.6(e),
				124.10(b),
				and
				124.10(c)(1)(ii),
				"EPA" and "Administrator" or "Regional Administrator" shall be defined as the
				U.S. Environmental Protection Agency and the U.S. Environmental Protection
				Agency Region 8 Regional Administrator, respectively.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-260 - HAZARDOUS WASTE MANAGEMENT SYSTEM

Current through July 13, 2024
(a) IBR AND
				EXCEPTIONS. 40 CFR Part 260 and all Subparts, except
				40 CFR
				260.2(a), (b), (c)(2), (d)(1) and
				(d)(2),
				260.4(a)(4),
				260.5(b)(2),
				the definitions of "remediation waste management site", "electronic manifest
				(or e-manifest)", "electronic manifest system (or e-manifest system), "user of
				the electronic manifest system," and the third part of the definition for
				"facility" in 260.10, and 260.20(d) and (e), are herein incorporated by
				reference.
(i) For purposes of
				40
				CFR 260.10, in the definition of "hazardous
				waste constituent", "Administrator" shall mean the U.S. Environmental
				Protection Agency Administrator.
(ii) For purposes of
				40
				CFR 260.10, "existing hazardous waste
				management (HWM) facility" or "existing facility" shall be a facility that was
				in operation or for which construction commenced on or before November 19,
				1980.
(iii) For purposes of
				40
				CFR 260.10, the definition of "new tank
				system" or "new tank component" shall be as follows: A tank system or component
				that will be used for the storage or treatment of hazardous waste:
(A) For which installation has commenced
				after July 14, 1986 for HSWA tanks, as defined in Section 4(a)(xiv), and
				October 18, 1995 for non-HSWA tanks, as defined in Section 4(a)(xxi),
				except,
(B) For purposes of
				40 CFR
				264.193(g)(2) and
				265.193(g)(2),
				for which construction commenced after July 14, 1986 for HSWA tanks, and
				October 18, 1995 for non-HSWA tanks.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

Current through July 13, 2024
(a) IBR AND
				EXCEPTIONS. 40 CFR Part 261 and all Subparts, except Sections 261.4(b)(11),
				(b)(16), and (b)(17), 261.400 (a-b), 261.410(e-f), 261.411, 261.420,
				261.1035(b)(1), 261.1064(b)(2), Subpart H, Appendix IX, and the language "in
				the Region where the sample is collected" in
				40
				CFR 261.4(e)(3)(iii), are
				herein incorporated by reference.
(i) For
				purposes of
				40
				CFR 261.10 and 40 CFR 261.11, "Administrator"
				shall be defined as the U.S. Environmental Protection Agency
				Administrator.
(ii) For purposes of
				40
				CFR 261.39(a)(5), and
				261.41,
				"EPA" shall be defined as the U.S. Environmental Protection Agency.
(iii) For purposes of
				40
				CFR 261.41(a), "Regional
				Administrator" shall be defined as U.S. Environmental Protection Agency Region
				8 Regional Administrator. Copies of advance notification required under this
				section shall also be sent to the Director.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-262 - STANDARDS APPLICABLE TO THE GENERATORS OF HAZARDOUS WASTE

Current through July 13, 2024
IBR AND EXCEPTIONS. 40 CFR Part 262 and all Subparts, except
				  262.10(k), and the language "for the Region in which the generator is located"
				  in
				  40 CFR 262.42(a)(2) and
				  (b), are herein incorporated by
				  reference.
(a) For purposes of
				40 CFR
				262.10(g), Section 3008 of
				"the Act" shall refer to RCRA §3008, not the Act.
(b) For purposes of
				40
				CFR 262.18(e), the owner or
				operator shall apply to the DEQ for an EPA identification number.
(c) A person who generates a hazardous waste
				as defined by 40 CFR 261 is subject to the compliance requirements and
				penalties prescribed in Articles 7 and 9 of the Act; Section 270(o) of these
				rules; and Section 3008 of the Act if he or she does not comply with the
				requirements of this Chapter.
(d)
				For purposes of
				40 CFR
				262.10(d),
				262.18,
				262.21,
				and Subpart H, the substitution of State terms for Federal terms does not apply
				because manifest registry functions, oversight, and notifications regarding
				exports and imports are under EPA, not State, authorization. Copies of all
				documentation, advance notifications, annual reports, exception reports, or
				other records submitted to EPA, the Administrator, or the Regional
				Administrator, required under these sections, shall also be provided to the
				Director.
(e) For purposes of
				40
				CFR 262.17(a), except
				262.17(b) and (c), a generator may accumulate hazardous waste on-site for
				ninety days or less without a permit or without having interim status (see
				40 CFR
				262.14(a) for provisions
				regarding very small quantity generators).
(f) In addition to the emergency notification
				required by
				40
				CFR 262.16(b)(9)(iv)(C), the
				emergency coordinator must also immediately notify the DEQ by
				telephone,307-777-7501, to file an identical report.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-263 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

Current through July 13, 2024
IBR AND EXCEPTIONS. 40 CFR Part 263 and all Subparts except
				  40 CFR
				  263.20(a)(3) are herein
				  incorporated by reference.
(a) For
				purposes of
				40 CFR
				263.20(g),
				263.21(a)(4),
				and
				263.22(d),
				"United States" shall be defined as the United States.
(b) For purposes of
				40 CFR 263.20(a) and
				(g), "EPA Acknowledgement of Consent" and "US
				Customs Official" shall remain under EPA authority, as the State of Wyoming is
				not authorized to perform these export functions.
(c) For purposes of
				40 CFR
				263.30(c), notice shall also
				be given to the DEQ Director whose address can be found at
http://deq.wyoming.gov/, or
by
				using their 24-hour telephone number,307-777-7501.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-267 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT

Current through July 13, 2024
IBR AND EXCEPTIONS. 40 CFR Part 267 and all Subparts, except
				  40 CFR
				  267.150, are herein incorporated by
				  reference.
(a) For purposes of
				40 CFR
				267.12, an owner or operator must apply to
				the DEQ for an EPA identification number following the DEQ's notification
				procedures and using EPA form 8700-12. Owners operators may obtain information
				and required forms from the DEQ or from the EPA regional office. The EPA
				identification number shall be considered to be the State of Wyoming
				identification number for purposes of these rules.
(b) For purposes of
				40
				CFR 267.18(b), new
				facilities shall not be located within the boundaries of a 100-year
				floodplain.
(c) For purposes of
				40
				CFR 267.56(c)(2), the
				emergency coordinator must immediately notify either the government official
				designated as the on-scene coordinator for that geographical area, or the
				National Response Center (using their 24-hour toll-free number800-424-8802) .
				The DEQ must also be notified immediately, using the 24-hour telephone number
				307-777-7501.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-268 - LAND DISPOSAL RESTRICTIONS

Current through July 13, 2024
IBR AND EXCEPTIONS. 40 CFR Part 268 and all Subparts are
				  herein incorporated by reference, except for
				  40 CFR
				  268.5,
				  268.6,
				  268.13,
				  268.42(b),
				  268.44(a)
				  through (g), and
				  268.44(o).
(a) The authority for implementing the
				provisions of these excluded sections remains with the EPA. However, the
				requirements of Wyoming statutes shall be applied in all cases where these
				requirements are more stringent than the federal standards. If the
				Administrator of the EPA grants a case-by-case variance pursuant to
				40 CFR
				268.5, that variance will simultaneously
				create the same case-by-case variance to the equivalent requirement of these
				rules.
(b) For purposes of
				40 CFR
				268.1(e)(3) and 40 CFR
				268.2(j) "EPA" shall be defined as the U.S. Environmental Protection
				Agency.
(c) For purposes of
				40
				CFR 268.7(a)(9)(iii), "D009"
				is excluded from lab packs as noted in 40 CFR Part 268 Appendix IV.
(d) For purposes of
				40 CFR
				268.40(b), "Administrator"
				shall be defined as U.S. Environmental Protection Agency
				Administrator.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-273 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

Current through July 13, 2024
(a) IBR. 40 CFR
				Part 273 and all Subparts are herein incorporated by reference.
(i) For purposes of
				40
				CFR 273.32(a)(3), "EPA"
				shall be defined as the U.S. Environmental Protection Agency.
(ii) For purposes of
				40 CFR
				273.15(c)(2), the term
				"lamp" shall be inserted after "battery,".
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-279 - STANDARDS FOR THE MANAGEMENT OF USED OIL

Current through July 13, 2024
IBR. 40 CFR Part 279 and all Subparts are herein incorporated
				  by reference.
(a) For purposes of
				40
				CFR 279.1, "Existing tank" shall be a tank
				that is used for the storage or processing of used oil and that is in
				operation, or for which installation has commenced on or prior to the effective
				date of the authorized used oil program for the state in which the tank is
				located. Installation will be considered to have commenced if the owner or
				operator has obtained all permits and approvals required under federal, state
				or local statutes, regulations or ordinances necessary to begin installation of
				the tank and if either (1) a continuous on-site installation program has begun,
				or (2) the owner or operator has entered into contractual obligations that
				cannot be cancelled or modified without substantial loss for installation of
				the tank to be completed within a reasonable time.
(b) For purposes of
				40 CFR
				279.43(c)(3)(ii), "Director"
				shall be defined as the Director, U.S. DOT Office of Hazardous Materials
				Regulation.
(c) For purposes of
				40 CFR
				279.82(a), the use of used
				oil as a dust suppressant is prohibited.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules and regulations are promulgated by the Wyoming
				  Industrial Siting Council (Council), pursuant to the authority granted the
				  Council by the Wyoming Industrial Development Information and Siting Act;
				  W.S.
				  35-12-101 through
				  35-12-119.
				  If any provision of these rules or the application thereof to any person or
				  circumstances is held invalid, such invalidity shall not affect other
				  provisions or applications of these rules which can be given effect without the
				  invalid provision or application and to this end the provisions of these rules
				  are declared to be severable.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-2 - Definitions

Current through July 13, 2024
Definitions contained in
				  W.S.
				  35-12-102, shall be applicable, where
				  appropriate. The following terms used in these regulations shall have the
				  following meanings, unless the context otherwise requires:
(a) "Act" means the Industrial Development
				Information and Siting Act,
				W.S.
				35-12-101 through
				35-12-119.
(b) "Area or local government primarily
				affected by the proposed industrial facility" means:
(i) Any defined geographical area in which
				the construction or operation of the industrial facility may significantly
				affect the environment, population, level of economic well-being, level of
				social services, or may threaten the health, safety or welfare of present or
				expected inhabitants.
(ii) Any such
				county, incorporated municipality, school district, or combination thereof
				formed under the Wyoming Joint Powers Act within (i) above.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-3 - Certificate of Insufficient Jurisdiction

Current through July 13, 2024
No person shall commence to construct an industrial facility
				  unless an application has been filed in conformity with these rules and
				  regulations and a permit has been issued by the Council.
(a) Any person who intends to initiate
				construction activity which may qualify as an industrial facility under the Act
				shall submit to the Division an application n for a Certificate of Insufficient
				Jurisdiction which shall demonstrate that the proposed construction activity
				does not qualify as an industrial facility under the Act, and that the Council
				lacks sufficient jurisdiction to require that an application for a permit be
				submitted.
(b) Industrial
				facilities that meet one of the following criteria shall not need a certificate
				of insufficient jurisdiction:
(i) The
				estimated construction cost is less than eighty percent (80%) of the current
				threshold construction cost.
(ii) A
				commercial waste incineration or disposal facility is not physically capable of
				receiving four hundred (400) short tons or more per day of household or mixed
				household and industrial waste.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-4 - Jurisdictional Meeting

Current through July 13, 2024
(a) Persons
				requesting a jurisdictional determination for the following from the Division
				shall first request a jurisdictional meeting with the Division:
(i) A permit pursuant to W. S.
											35-12-109;
(ii) Waiver or waivers of
				requirements;
(iii) A certificate
				of non-jurisdiction;
(iv) An
				informational filing pursuant to W. S.
				
											35-12-119(a) and (b);
				or
(v) An exemption from a permit
				pursuant to
				W.S.
				35-12-119(c).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0004 - Industrial Siting Council › Chapter 1 - INDUSTRIAL DEVELOPMENT INFORMATION AND SITING RULES AND REGULATIONS › Section 1-5 - Pre-Filing and Filing

Current through July 13, 2024
(a) At the
				jurisdictional meeting the Administrator shall specify the study area for the
				project application. The study area provides the boundaries for studies of
				counties and municipalities.
(b)
				The applicant shall notify and describe the project to local governments in the
				study area. The notice and description shall be sent by certified mail, return
				receipt, and shall include a description of the project, its location, the
				expected construction period, the number of construction workers,
				transportation routes for construction materials, the anticipated economic
				benefits of the project, the anticipated impacts from the project and offer
				methods to comment to the applicant and attend scheduled informational
				meetings. The notice and description will be mailed no later than 10 business
				days prior to the first informational meeting.
(i) Informational meetings shall be held no
				later than 60 days before the filing of an application and shall be in the
				principal city of the county and at a place as close to the site of the project
				as is practical.