Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Section 1-270 - THE HAZARDOUS WASTE PERMIT PROGRAM

Current through July 13, 2024
(a) IBR AND
				EXCEPTIONS. 40 CFR Part 270 and all Subparts, except
				40 CFR
				270.1(c)(1)(iii),
				270.1(c)(2)(ix),
				270.11(d)(2),
				270.13(k)(7),
				270.14(b),
				270.42
				(Appendix I, Part A Entries 9 and 10), 270.51(d), 270.60(a), 270.64, 270.68,
				270.73(a), Subpart H (40 CFR 270.79 -270.230) , 270.260(h), and 270.290(r) are
				herein incorporated by reference.
(i) For
				purposes of
				40
				CFR 270.2,
				270.5,
				270.10(e)(2),
				270.11(a)(3),
				270.32(a),
				270.32(b)(2),
				270.32(c),
				270.72(a)(5),
				270.72(b)(5),
				270.235(a)(1)(iii)(A),
				270.235(a)(2)(iii)(A),
				and
				270.235(b)(1)(ii),
				"EPA" shall be defined as the U.S. Environmental Protection Agency, and
				"Administrator" or "Regional Administrator" shall be defined as the U.S.
				Environmental Protection Agency Region 8 Regional Administrator.
(ii) For purposes of
				40 CFR
				270.1(b), the sentence "The
				notification shall state the location and general description of the type of
				activity and the identified or listed wastes being handled" shall be inserted
				after the first sentence in the section.
(iii) For purposes of
				40 CFR
				270.1(c)(7), at the
				discretion of the Director, an owner or operator may obtain, in lieu of a
				post-closure permit, an enforceable document, imposing the requirements of
				40
				CFR 265.121.
(iv) The definition "Remedial Action Plan
				(RAP)" as defined in
				40
				CFR 270.2 is not adopted by the
				State.
(v) For purposes of
				270.10(e)(3), the Administrator or the Director may, by compliance order issued
				under these rules, Articles 7 and 9 of the Act, or RCRA §3008, extend the
				date by which the owner and operator of an existing HWMF must submit Part A of
				their permit application.
(vi) For
				purposes of 270.10(f)(2), the application for permits shall be submitted to the
				Director.
(vii) For purposes of
				270.10(f)(3), notwithstanding
				40 CFR
				270.10(f)(1), a person may
				construct a facility for the incineration of polychlorinated biphenyls pursuant
				to an approval issued by the Director under Article 2 of the Act and by the EPA
				Administrator under Section 6(e) of the Toxic Substances Control Act and any
				person owning or operating such a facility may, at any time after construction
				or operation of such facility has begun, file an application for a State HWMF
				permit to incinerate hazardous waste authorizing such facility to incinerate
				waste identified or listed under these rules.
(viii) For purposes of
				40 CFR
				270.10(g)(1)(i) and (ii), if
				any owner or operator of a hazardous waste management facility has filed Part A
				of a permit application and has not yet filed Part B, the owner or operator
				shall file an amended Part A application with the Director and the EPA Regional
				Administrator, within six months after the promulgation of revised federal
				regulations promulgated under HSWA listing or identifying additional hazardous
				wastes, if the facility is treating, storing, or disposing of any of those
				newly listed or identified wastes.
(ix) For purposes of
				40 CFR
				270.10(j)(1), any Part B
				permit application submitted by an owner or operator of a facility that stores,
				treats, or disposes of hazardous waste in a surface impoundment, incinerator,
				burner, or landfill must be accompanied by information, reasonably
				ascertainable by the owner or operator, on the potential for the public to be
				exposed to hazardous wastes or hazardous constituents through releases related
				to the unit. At a minimum, such information must address:
(A) Reasonably foreseeable potential releases
				from both normal operations and accidents at the unit, including releases
				associated with transportation to or from the unit;
(B) The potential pathways of human exposure
				to hazardous wastes or constituents resulting from the releases described under
				Section 270(a)(x)(A) of this Chapter above; and
(C) The potential magnitude and nature of the
				human exposure resulting from such releases.
(x) For purposes of
				40 CFR
				270.10(l), the Director may
				require that the application demonstrate compliance with specific provisions of
				the Act, and specific designated rules of the Solid and Hazardous Waste, Water
				Quality, and Air Quality Divisions of the DEQ.
(xi) For purposes of
				40 CFR
				270.11, all applications shall be signed
				under oath subject to a penalty of perjury.
(xii) For purposes of
				40 CFR
				270.11(a), the term
				"responsible" shall be replaced by "principal".
(xiii) For purposes of
				40 CFR
				270.12(a), any information
				submitted to the DEQ pursuant to these regulations may be claimed as
				confidential by the submitter. Any such claim must be asserted at the time of
				submission in the manner prescribed on the application form or instructions or,
				in the case of other submissions, by stamping the words "confidential business
				information" on each page containing such information. If no claim is made at
				the time of submission, the DEQ may make the information available to the
				public without further notice. Upon a showing satisfactory to the Director,
				confidential business information will not be made available to the public
				pursuant to the Wyoming Public Records Act,
				W.S.
				16-4-201 et. seq.
(xiv) For purposes of
				40 CFR
				270.14(b)(19)(v), the term
				"representative" shall be inserted before the term "wind rose".
(xv) For purposes of
				40 CFR
				270.14(b)(20), applicants
				may be required to submit such information as may be necessary to enable the
				Director to carry out his or her duties under other aspects of the Act and
				other federal laws as required in
				40 CFR
				270.3.
(xvi) For purposes of
				40 CFR
				270.28, "Regional Administrator" shall be
				replaced by "Director".
(xvii) For
				purposes of
				40 CFR
				270.30 and 40 CFR 270.32(b), the Director
				shall specify any additional standards, together with the justification
				therefore, as the Director believes necessary to carry out the purposes of the
				Act.
(xviii) For purposes of
				40 CFR
				270.42(g)(1)(i), the
				permittee is authorized to continue to manage wastes listed or identified as
				hazardous under 40 CFR Part 261 , or to continue to manage hazardous waste in
				units newly regulated as hazardous waste management units, if the unit was in
				existence and has a State permit issued under Articles 2, 3, 4 or 5 of the Act
				as a hazardous waste facility with respect to the newly listed or characterized
				waste or newly regulated waste management unit on the effective date of the
				final rule listing or identifying the waste, or regulating the unit.
(xix) For purposes of
				40 CFR
				270.42(j)(3), the Director
				shall respond to the request for a combustion facility hazardous waste permit
				modification within ninety days of receiving the request. The Director may, at
				his or her discretion, extend this ninety-day deadline one time for up to
				thirty days by notifying the facility owner or operator.