reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part E - RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 1-19 - Release Reporting

Current through July 13, 2024
Storage tank system owners and/or operators shall report
					 all releases or suspected releases to the department within 24 hours of
					 discovery in accordance with Section 22 and follow the procedures of Section
					 22. All confirmed releases shall also be reported to the fire department having
					 local jurisdiction. Owners of sites where storage tanks were formerly located
					 shall report to the department within 7 days after discovering any new evidence
					 of a release.
(a)
Release
				  Reporting.
Release reporting shall be made for any of the following
				  conditions:
(i) Released Regulated
				  Substances. The discovery by owners and/or operators or others of released
				  regulated substances at a storage tank site or in the surrounding area (such as
				  the presence of free product or vapors in soils, basements, utility lines,
				  nearby surface water and/or groundwater).
(ii) Unusual Operating Conditions. Unusual
				  operating conditions observed by owners and/or operators (such as the erratic
				  behavior of product dispensing equipment, the sudden loss of a regulated
				  substance from a storage tank system, an unexplained presence of water in a
				  storage tank, or liquid in the interstitial space of secondarily contained
				  systems), unless:
(A) The system equipment or
				  component is found not to be releasing regulated substance to the
				  environment;
(B) Any defective
				  system equipment or component is immediately repaired or replaced; or
(C) Except as provided in Section
				  16(f)(ii)(D), any liquid in the interstitial space of secondarily contained
				  systems that is not used as part of the interstitial monitoring method (e.g.,
				  brine filled) is immediately removed.
(iii) Monitoring Results. Monitoring results,
				  including investigation of an alarm, from a release detection method required
				  under Part D that indicate a release may have occurred unless:
(A) The monitoring device is found to be
				  defective, and is immediately repaired, recalibrated or replaced, and
				  additional monitoring does not confirm the initial result;
(B) The leak is contained in the secondary
				  containment and:
(I) Except as provided in
				  Section 16(f)(ii)(D), any liquid in the interstitial space not used as part of
				  the interstitial monitoring method (e.g., brine filled) is immediately removed,
				  and
(II) Any defective system
				  equipment or component is immediately repaired or replaced;
(C) In the case of inventory
				  control described in Section 16(a), a second month of data does not confirm the
				  initial result or the investigation determines no released has occurred;
				  or
(D) The alarm was investigated
				  and determined to be a non-release event (e.g., a power surge or caused by
				  filling the tank during release detection testing).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part E - RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 1-20 - Release Investigation and Confirmation for Eligible Owners and/or Operators

Current through July 13, 2024
Storage tank owners and/or operators who are eligible for
					 cleanup under the Corrective Action Account shall comply with Section 25 and
					 immediately investigate and confirm all suspected releases of regulated
					 substances requiring reporting under Section 19 within 7 days of detection as
					 follows:
(a)
System
				  Test
. Owners and/or operators shall conduct tests according to the
				  requirements for tightness testing in Sections 14(g) and 16(b) or, as
				  appropriate, secondary containment testing described in Section 8(a)(v) that
				  determine if a release has occurred from any portion of the storage tank system
				  that routinely contains a regulated substance or a breach of either wall of the
				  secondary containment has occurred. If the primary wall of a double-wall tank
				  or double-wall/secondarily contained pipe fails, an integrity test of the outer
				  wall and/or secondary containment shall be conducted. Owners and/or operators
				  of all storage tanks shall also audit inventory control required by Section
				  16(a) or 36(e) for 12 months prior to the suspected release.
(i) Owners and/or operators shall repair,
				  replace, or permanently close the storage tank system if the test results for
				  the system, tank, or delivery piping indicate that a release exists.
(ii) Owners and/or operators shall conduct a
				  thorough audit of their leak detection methods for the preceding year. This
				  audit shall be performed by a qualified third party employed for this purpose
				  by the owner and/or operator. In the event that the audit indicates a pattern
				  of releases over several months, the department will complete the site check as
				  described in Section 20(c).
(iii)
				  Further investigation is not required if the test results for the system, tank,
				  and delivery piping and the audit do not indicate that a release exists and if
				  environmental contamination is not the basis for suspecting a
				  release.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part E - RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 1-21 - Release Investigation and Confirmation for Owners and/or Operators Not Eligible for the Corrective Action Account

Current through July 13, 2024
Contaminated site owners and storage tank owners and/or
					 operators may become ineligible for cleanup under the Corrective Action Account
					 for any reason listed in
					 W.S.
					 35-11-1424. Owners and/or operators who are
					 not eligible for cleanup under the Corrective Action Account shall investigate
					 and confirm all suspected releases of regulated substances requiring reporting
					 under Section 19 within 7 days of detection as follows:
(a)
System Test
. Owners
				  and/or operators shall conduct tests according to the requirements for
				  tightness testing in Sections 14(g) and 16(b), or, as appropriate, secondary
				  containment testing described in Section 8(a)(v) that determine if a release
				  occurred from any portion of the storage tank system that routinely contains
				  regulated substance or a breach of either wall of the secondary containment has
				  occurred. Storage tank owners and/or operators shall also audit all inventory
				  control required under Sections 16(a) or 36(e) for 12 months prior to the
				  suspected release.
(i) Owners and/or
				  operators shall repair, replace, or permanently close the storage tank system
				  if the test results for the system indicate that a release exists.
(ii) When environmental contamination is the
				  basis for suspecting a release, owners and/or operators shall also conduct a
				  thorough audit of their leak detection methods for the preceding 12 months.
				  This audit shall be performed by a qualified third party employed for this
				  purpose by the owner and/or operator. In the event that the audit indicates a
				  pattern of releases over several months, owners and/or operators shall conduct
				  a site check as described in Section 20(c).
(iii) Owners and/or operators shall conduct a
				  minimum site assessment as described in Section 29 any time results of the
				  system test described in Section 21(a) indicate that a release exists or when
				  environmental contamination is the basis for suspecting a release.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part E - RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 1-22 - Spill and Overfill Reporting and Cleanup

Current through July 13, 2024
(a)
Cleanup
				  and 24-Hour Reporting.
Owners and/or operators of storage tank systems
				  shall contain and immediately clean up a spill or overfill. Spills and
				  overfills shall be reported to the department within 24 hours by telephone
				  (307) 777-7097 (STP) and (307) 777-7781 (spill response) and by logging into
				  the spill response database on the DEQ website. The owner and/or operator shall
				  begin corrective action in accordance with Sections 23 through 25 in the
				  following cases:
(i) Spill or overfill of
				  petroleum that results in a release to the environment that exceeds 25 gallons
				  or that causes a sheen on nearby surface water; and/or
(ii) Spill or overfill of a regulated
				  hazardous substance that results in a release to the environment that equals or
				  exceeds its reportable quantity under 40 CFR Part 302 as referenced in Section
				  2.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part E - RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 1-23 - General

Current through July 13, 2024
Owners and/or operators of storage tank systems and owners
					 of former storage tank sites shall, in response to a confirmed release from a
					 storage tank system, comply with the requirements of this Part.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part E - RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 1-24 - Owners and/or Operators Not Eligible for the State Corrective Action Account

Current through July 13, 2024
(a)
Initial
				  Response
. Within 24 hours of confirmation of a release in accordance
				  with Section 21 or after a release from a storage tank system is confirmed in
				  any other manner, owners and/or operators shall perform the following initial
				  response actions:
(i) Report the release to
				  the department by telephone (307) 777-7097 (STP) and (307) 777-7781 (spill
				  response) and by logging into the spill response database on the DEQ
				  website;
(ii) Take immediate action
				  to prevent any further release of the regulated substance into the environment;
				  and
(iii) Identify and mitigate
				  fire, explosion, and vapor hazards.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part E - RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 1-25 - Owners and/or Operators Eligible for the State Corrective Action Account

Current through July 13, 2024
(a)
Initial
				  Response
. Within 24 hours of release confirmation in accordance with
				  Section 20 or after a release from the storage tank system is identified in any
				  other manner, owners and/or operators shall perform the following initial
				  response actions:
(i) Report the release to
				  the department by telephone (307) 777-7097 (STP) and (307) 777-7781 (spill
				  response) and by logging into the spill response database on the DEQ
				  website;
(ii) Take immediate action
				  to prevent any further release of the regulated substance into the environment;
				  and
(iii) Orally notify the
				  department immediately of any fire, explosion, or vapor hazards. The department
				  shall begin resolving these hazards as soon as practicable.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part E - RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 1-26 - Public Participation

Current through July 13, 2024
(a)
Notice
				  Provided
. Whenever a confirmed release from a storage tank system
				  occurs that requires a CAP for soil or groundwater remediation, the department
				  shall provide notice to the public directly affected by the release and the
				  planned corrective action. This notice may include, but is not limited to,
				  public notice in local newspapers, block advertisements, public service
				  announcements, or personal contacts by staff. All public notices shall be
				  posted to the DEQ website.
(b)
Notice Content
. All public notices issued under this Chapter
				  shall contain the following minimum information:
(i) Name and address of the facility where
				  the release occurred;
(ii) Name and
				  address of the owner and/or operator;
(iii) Name and address of the
				  department;
(iv) Name and phone
				  number of the department representative where additional information can be
				  obtained;
(v) Type and estimated
				  volume of the release, if known; and
(vi) The Class of Use of all affected
				  groundwater as determined under Chapter 8, Wyoming Water Quality Rules and
				  Regulations.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part E - RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 1-27 - Corrective Action Prioritization Ranking System

Current through July 13, 2024
(a)
Criteria.
This ranking system establishes criteria for use by
				  the department in determining priorities for conducting state corrective
				  actions at leaking storage tank sites. The ranking is based upon the following
				  primary factors:
(i) Degree of immediate
				  adverse health exposure and/or safety hazards to people in nearby occupied
				  buildings or to public utilities;
(ii) Water quality protection;
(iii) Potential for contaminant(s) migration;
				  and
(iv) Ecological
				  protection.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part E - RELEASE REPORTING, INVESTIGATION, CONFIRMATION AND RESPONSE › Section 1-28 - Termination of Corrective Actions

Current through July 13, 2024
(a) Corrective
				  actions that have not met the applicable standard(s) in Part J may be stopped
				  if the Solid and Hazardous Waste Administrator determines that continued
				  operation of remedial methods (including mechanical systems, monitored natural
				  attenuation, or other remediation technologies) is not technically and
				  economically feasible. If a technically and economically feasible remediation
				  alternative becomes available or impacts are found that pose a threat to human
				  health and/or the environment, active remediation may be resumed.
(b) The department shall provide public
				  notice in accordance with Section 26 if it is determined that an approved CAP
				  will not achieve the established cleanup levels and termination of the CAP is
				  under consideration.
(c) If 10
				  years of contaminated site fees have been paid and the fees have lapsed, annual
				  contaminated site fees will be due from the site owner and/or operator in
				  accordance with
				  W.S.
				  35-11-1424(e) when active
				  remediation resumes.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part G - OUT-OF-SERVICE TANK SYSTEMS AND CLOSURE › Section 1-30 - Temporary Closure

Current through July 13, 2024
(a)
General
				  Requirements.
When a storage tank system is temporarily closed, owners
				  and/or operators shall:
(i) Notify the
				  department within 30 days of placing the tanks in temporarily out-of-use
				  status;
(ii) Continue operation and
				  maintenance of corrosion protection in accordance with Section 11 for USTs and
				  Part I for ASTs;
(iii) Continue
				  release detection and release detection operation and maintenance testing and
				  inspections in accordance with Parts C, D, I, and M;
(iv) Comply with Parts E and F if a release
				  is suspected or confirmed; and
(v)
				  Provide licensed Class A and B Operators in accordance with Section
				  46.
(vi) Release detection and
				  release detection operation and maintenance testing and inspections in Parts C,
				  D, and I are not required as long as the tank does not contain more than 1 inch
				  of regulated substance at the measuring point directly under the fill
				  tube.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part G - OUT-OF-SERVICE TANK SYSTEMS AND CLOSURE › Section 1-31 - Permanent Closure and Changes In Service

Current through July 13, 2024
(a)
Notification.
At least 30 days before beginning either
				  permanent closure or changing a storage tank system to a non-regulated use
				  under Section 31(b) or (c), owners and/or operators shall notify the department
				  of their intent, unless such action is in response to corrective action. The
				  required MSA shall be completed after notifying the department but before work
				  begins to permanently close the tank or change the tank system to a
				  non-regulated use.
(b)
Permanent Closure.
To permanently close a UST or AST system,
				  owners and/or operators shall empty and clean it by removing all liquids and
				  accumulated sludges and perform an MSA as defined in Section 29. All USTs taken
				  out of service permanently shall also be removed from the ground or filled with
				  an inert solid material. All USTs and ASTs taken out of service permanently
				  shall be managed in accordance with Solid Waste Rules and Regulations. The tank
				  cleaning and closure procedures shall be properly conducted in accordance with
				  one of the following industry standards or practices:
(i) API Recommended Practice 1604, as
				  referenced in Section 2;
(ii) API
				  Standard 2015, as referenced in Section 2;
(iii) API Recommended Practice 1631, as
				  referenced in Section 2;
(iv) API
				  Recommended Practice 2016, as referenced in Section 2;
(v) U.S. Department of Health, Education, and
				  Welfare, Criteria for a Recommended Standard, Working in Confined Spaces, as
				  referenced in Section 2; and/or
(vi) NFPA Standard 326, as referenced in
				  Section 2.
(vii) Section 33
				  provides a process for evaluating and permitting designs or procedures that
				  deviate from recognized industry standards or practices.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part G - OUT-OF-SERVICE TANK SYSTEMS AND CLOSURE › Section 1-32 - Applicability to Previously Closed or Abandoned Storage Tank Systems

Current through July 13, 2024
(a) Owners and/or
				  operators with UST systems permanently closed after December 22, 1988, or AST
				  systems permanently closed after the date of these regulations shall comply
				  with Section 31.
(b) When directed
				  by the Solid and Hazardous Waste Administrator, the owner and/or operator of a
				  storage tank system or an owner of a site upon which such a system was located
				  that was permanently closed before the effective date of these regulations
				  shall complete an MSA in accordance with Section 29. When directed by the Solid
				  and Hazardous Waste Administrator, abandoned storage tank systems shall be
				  permanently closed in accordance with Section 31. The Solid and Hazardous Waste
				  Administrator may take action under this Section if the department determines
				  that releases from the storage tank system pose a current or potential threat
				  to human health and/or the environment. Owners and/or operators of UST systems
				  permanently closed before December 22, 1988, shall have complied with API
				  Recommended Practice 1604, as referenced in Section 2.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part H - TECHNOLOGY AND PROCEDURES NOT SPECIFICALLY AUTHORIZED › Section 1-33 - New Technologies, Procedures, or Equipment

Current through July 13, 2024
(a)
General.
This Part is provided to encourage new technology,
				  procedures, or equipment that are not specifically authorized and provide a
				  process for evaluating and authorizing those that deviate from the regulations
				  in this Chapter. The proposed use of technologies, systems, or processes not in
				  compliance with these regulations will be authorized provided they function or
				  comply with the intent or purpose of this Chapter.
(b)
Application Contents.
Each application for authorization to utilize new technology, systems, or
				  processes under this Section shall be evaluated on a case-by-case basis using
				  the best available scientific information. The following information shall be
				  included with a written application to the department for review and
				  authorization:
(i) Data obtained from a full
				  scale, comparable installation or process that demonstrates compliance with the
				  intent or acceptability of the technology, or;
(ii) Data obtained from a pilot project
				  operated under the design condition for a sufficient length of time to
				  demonstrate the acceptability of the design, or;
(iii) Data obtained from a theoretical
				  evaluation of the technology or procedure that demonstrates a reasonable
				  probability of compliance with the intent of this Chapter, and;
(iv) An evaluation of the flexibility of
				  making corrective changes in the event the technology or process does not
				  function as planned.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part I - AST SYSTEMS › Section 1-34 - Tanks Covered by this Part

Current through July 13, 2024
This Part covers all ASTs that meet the requirements found
					 in
					 W.S.
					 35-11-1415(a)(xi). Regulated
					 AST components are those from the fire valve to the tank including the tank and
					 fire valve.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part I - AST SYSTEMS › Section 1-35 - Construction Requirements for AST Systems

Current through July 13, 2024
(a)
Tanks.
All tanks regulated by this Part, whether existing or
				  new, shall be welded steel tanks. Bolted or riveted steel tanks or tanks made
				  of any material other than steel shall not be used as a regulated AST. A tank
				  intended for use as a UST shall not be installed as an AST.
(b)
Secondary Containment.
All ASTs regulated under this Section shall be constructed with secondary
				  containment equal to at least 110% of storage capacity of the largest single
				  AST within the secondary containment wall. The owner and/or operator of any AST
				  shall control runoff captured inside the secondary containment system and
				  ensure that runoff is free of floating oils prior to discharge from the
				  secondary containment structure. Secondary containment shall be constructed of
				  materials that are:
(i) Fireproof;
				  and
(ii) Compatible with the
				  regulated substance stored.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part I - AST SYSTEMS › Section 1-36 - AST Leak Detection Requirements

Current through July 13, 2024
(a)
Methods.
AST owners and/or operators shall provide leak
				  detection for the tank using one of the following methods:
(i) Automatic Tank Gauging. AST owners and/or
				  operators using this method shall conduct automatic tank gauging in accordance
				  with Section 16(c). Automatic tank gauges used for ASTs shall be third-party
				  certified for use in an AST.
(ii)
				  Manual Tank Gauging. Owners and/or operators of ASTs with a capacity of less
				  than 1,320 gallons may monitor the tanks using manual tank gauging in
				  accordance with Section 15(a).
(iii) Interstitial Monitoring. Owners and/or
				  operators of ASTs that were constructed under UL Standard 2085, as referenced
				  in Section 2, shall monitor the interstitial space between the inner tank and
				  the outer shell. Records shall be kept showing the date of the monitoring, the
				  name of the person doing the monitoring and the monitoring results. Monthly
				  sensor status printouts from an automatic system may be used to meet this
				  requirement.
(iv) Visual Monitoring
				  of Tank Bottoms. Owners and/or operators of ASTs that are elevated aboveground,
				  and the entire surface of the tank is visible from beneath, shall monitor the
				  tanks monthly for visible signs of leakage. Records of these inspections shall
				  be made showing the date of the inspection, the name of the person doing the
				  inspection, and any sign of leakage noted. Records shall be kept by the owner
				  and/or operator for 3 years.
(v)
				  Passive Acoustic Sensing. If passive acoustic sensing is used, the AST shall be
				  equipped with a continuous sensing system. This system shall be capable of
				  detecting a release of 0.2 gallons per hour or a release of 150 gallons per
				  month with a probability of detection of 0.95 and a probability of false alarm
				  of 0.05. All passive acoustic sensing systems shall produce a written record
				  showing that the system is on and operable. All passive acoustic sensing
				  systems shall be calibrated annually.
(vi) Tracer Surveys. Tracer surveys shall be
				  conducted on a monthly basis in accordance with Section 16(h).
(vii) Another method approved in accordance
				  with Section 16(i).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part I - AST SYSTEMS › Section 1-37 - Leak Detection Requirements for Underground Lines Connected to ASTs

Current through July 13, 2024
Leak detection requirements for underground piping
					 connected to ASTs shall be the same as those found in Section 14. Sump sensors
					 shall be wired to shut down all pumps and dispensers in the event of an alarm.
					 Containment sumps used for interstitial monitoring of piping shall be tested in
					 accordance with Section 10(d).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part J - ENVIRONMENTAL RESTORATION STANDARDS FOR LEAKING STORAGE TANK REMEDIATION › Section 1-38 - Soil Remediation

Current through July 13, 2024
Soil remediation criteria shall be based on evaluation of:
1) the potential to contaminate
				  groundwater, and
2) potential
				  adverse impacts to public health. The potential to impact groundwater quality
				  shall be determined by evaluating the subsurface fate and transport
				  characteristics of the regulated substance using site-specific soil conditions.
				  If groundwater monitoring data conflict with fate and transport modeling
				  estimates, the groundwater monitoring data shall be used. Potential adverse
				  public health impacts shall be evaluated using an environmental risk assessment
				  process for contaminated soil ingestion and inhalation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part J - ENVIRONMENTAL RESTORATION STANDARDS FOR LEAKING STORAGE TANK REMEDIATION › Section 1-39 - Water Quality Standards

Current through July 13, 2024
If background concentrations of a constituent are higher
					 than the protection standards presented in this Section, cleanup shall be
					 completed to the background level. Cleanup shall only be completed for
					 constituents from an eligible storage tank system.
(a)
Surface Water
. Storage
				  Tank Program remediation actions shall protect surface water quality to the
				  standards contained in Chapter 1, Wyoming Water Quality Rules and Regulations,
				  Quality Standards for Wyoming Surface Waters.
(b)
Groundwater
. Storage
				  Tank Program remediation actions shall:
(i)
				  Protect Class I, II, III, IV(a), IV(b) or Special A groundwater quality to the
				  most stringent of the:
(A) Federal primary
				  MCL contained in 40 CFR 141, as referenced in Section 2;
(B) Water quality standards contained in this
				  Section when there is no federal MCL for a substance; or
(C) Groundwater quality standards found in
				  Chapter 8, Wyoming Water Quality Rules and Regulations, Quality Standards for
				  Wyoming Groundwaters.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part J - ENVIRONMENTAL RESTORATION STANDARDS FOR LEAKING STORAGE TANK REMEDIATION › Section 1-40 - Soil Human Health Risk Assessment

Current through July 13, 2024
(a)
Introduction
. A risk assessment for potential human health
				  impacts is required for storage tank remediation actions to evaluate the risk
				  component from a release and to develop quantitative soil cleanup
				  concentrations directly related to the environmental risk. The human health
				  risk assessment model is based on existing EPA methodologies and exposure
				  constant values. The routes of potential exposure to be considered are soil
				  ingestion and inhalation of substances released from regulated storage tank
				  systems. A remedial action plan shall be submitted to the department for
				  approval. The remedial action plan shall be approved by the department after it
				  has been determined that the plan will adequately protect human health, safety,
				  and the environment. In making this determination, the department shall
				  consider the following factors, as appropriate:
(i) The physical and chemical characteristics
				  of the released substance, including its toxicity, persistence, and potential
				  for migration;
(ii) The
				  hydrogeologic characteristics of the site and the surrounding area;
(iii) The proximity, quality, and current and
				  future uses of nearby surface water and groundwater;
(iv) The potential effects of residual
				  contamination on nearby surface water and groundwater;
(v) An exposure assessment; and
(vi) Any additional factors relevant to
				  assessing risks to human health and the environment.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part J - ENVIRONMENTAL RESTORATION STANDARDS FOR LEAKING STORAGE TANK REMEDIATION › Section 1-41 - Soil Environmental Fate and Transport Evaluation

Current through July 13, 2024
A soil environmental fate and transport evaluation shall be
					 completed. The evaluation shall estimate the potential for soil to contaminate
					 groundwater at levels exceeding STP groundwater restoration standards.
(a)
Conceptual Organic Compound Fate
				  and Transport Model.
(i) The model is
				  based on the following assumptions:
(A) A
				  finite amount of soil contamination exists at variable depths beneath a leaking
				  storage tank site. It may extend from the surface to below the groundwater
				  table, or it may be confined to a discrete zone. There is an uppermost aquifer
				  beneath the site that is not adequately protected by an impermeable barrier
				  between the contaminated soil and the aquifer. Percolating rainfall or snow
				  melt moves through the contaminated soil, mobilizes some of the contamination
				  as a leachate and carries the contamination towards the aquifer. A portion of
				  the contamination remains strongly adsorbed to the soil. The portion of the
				  contaminants that are not permanently adsorbed are available for biodegradation
				  and a limited amount of leaching.
(B) The point of compliance for protecting
				  groundwater quality is directly below the contaminated soils at the surface of
				  the aquifer.
(C) The rate of
				  leaching from the soil has reached a steady state.
(D) The soils beneath the leaking storage
				  tank(s) represent the only source of contamination to the
				  groundwater.
(E) Vapors emanating
				  from the contaminants in the soil are moving
primarily
upwards
				  to the ground surface, and there is no perched saturated zone above the
				  contaminated soils. Based on existing program experience, the potential does
				  exist for some lateral movement of contaminant vapors; however, this movement
				  is not the primary direction.
(F) A
				  leachate plume beneath the contaminated zone has not yet reached the
				  groundwater table.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part J - ENVIRONMENTAL RESTORATION STANDARDS FOR LEAKING STORAGE TANK REMEDIATION › Section 1-43 - Default Organic Compound and Total Petroleum Hydrocarbon Soil Cleanup Concentrations

Current through July 13, 2024
When site-specific geological data/information are not
					 available to calculate soil cleanup concentrations, default remediation
					 standards shall be used. Default remediation standards shall be based on
					 exposure of the most sensitive receptor using both oral ingestion and
					 inhalation pathways and the potential for soil contamination to migrate to
					 groundwater. The default soil condition for organic compounds has been
					 established as a sandy clay formation with a minimal organic carbon content of
					 0.1% and a depth to the first groundwater table from the bottom of the default
					 contaminated soil zone equal to 1 foot. The default thickness of contaminated
					 soil is 5 feet. The annual precipitation rate is 14 inches per year with a 50%
					 infiltration rate. These conservative default soil conditions indicate
					 residential exposures with protection of groundwater quality to EPA/STP MCLs or
					 DWELs.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part L - STORAGE TANK OPERATORS, INSTALLERS, AND TESTERS LICENSING › Section 1-45 - Installer Licensing

Current through July 13, 2024
(a)
License
				  Required
. During the installation or modification of any UST or AST
				  regulated by this Chapter, at least one person, present on the job site, shall
				  be licensed by the department to install or modify fuel tanks. To obtain an
				  installer's license, the installer shall submit documentary evidence that he or
				  she has passed the following tests, as applicable, within the 5 years preceding
				  the application date:
(i) All Licensed
				  Installers:
(A) The International Code
				  Council test on Wyoming State Specific Storage Tank Laws; and
(B) A current certificate for Hazardous Waste
				  Operations and Emergency Response as required by the Wyoming Department of
				  Employment, Occupational Health and Safety, Chapter 7, Section
				  1910.120.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part L - STORAGE TANK OPERATORS, INSTALLERS, AND TESTERS LICENSING › Section 1-46 - Storage Tank Operator Licensing

Current through July 13, 2024
(a)
Class A
				  Operator
. Each facility, whether active or temporarily out-of-use
				  (TOU), shall be under the supervision of a person who has obtained a Class A
				  Storage Tank Operator's License. The Class A Operator shall be an employee of
				  the facility owner and/or operator. To obtain a Class A Storage Tank Operator's
				  License, the operator shall submit documentary proof that he/she has passed the
				  International Code Council test on "Wyoming State Specific Storage Tank Laws -
				  ICC Test W-6." A Class A Operator is generally the area manager for a company
				  with multiple locations.
(b)
Class B Operator
. All storage tank owners and/or operators
				  shall ensure that the person in responsible charge of the day-to-day operation
				  of the storage tanks obtains a Class B Operator license from the department.
				  For facilities used to fuel vehicles, the person in responsible charge cannot
				  be in responsible charge of more than 15 facilities at the same time. The Class
				  B Operator shall be an employee of the facility owner and/or
				  operator.
(c)
Timing.
Within 30 days of assuming duties, the Class A and
				  Class B Operators shall obtain a Class A or B Storage Tank Operator's license
				  from the department. To obtain this license, the operator(s) shall submit
				  documentary evidence that he or she has passed the following tests within the 5
				  years preceding the application date:
(i) UST
				  Operators. The International Code Council test "ICC BU Class B UST System
				  Operator Exam" (Class B for UST operators); and/or
(ii) AST Operators. The International Code
				  Council test "Wyoming AST System Operators - ICC Test W-5" (Class B for AST
				  operators); or
(iii) In lieu of
				  both of the above tests, the International Code Council test "Wyoming State
				  Specific Storage Tank Laws - ICC Test W-6" (Class A operators).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part L - STORAGE TANK OPERATORS, INSTALLERS, AND TESTERS LICENSING › Section 1-47 - Cathodic Protection Tester and Corrosion Expert Licensing

Current through July 13, 2024
(a)
Cathodic Protection Testers
. Persons performing cathodic
				  protection testing shall obtain a license from the department. To obtain this
				  license, the tester shall submit documentary evidence that he or she is:
(i) Certified by NACE as a cathodic
				  protection tester within the 3 years preceding the application date;
				  or
(ii) Certified by the Steel Tank
				  Institute as a cathodic protection tester within 3 years preceding the
				  application date.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part L - STORAGE TANK OPERATORS, INSTALLERS, AND TESTERS LICENSING › Section 1-48 - Tank and Line Tester Licensing

Current through July 13, 2024
(a)
License
				  Required
. Before performing tank and line tests, testers shall obtain
				  a license from the department. To obtain a license, the tester shall submit
				  documentary evidence that he or she has passed:
(i) The International Code Council test
				  entitled "Tank Tightness Testing - ICC Test U-3" within the preceding 5 years;
				  and
(ii) The manufacturers'
				  training for the type of tank and line tests performed.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part L - STORAGE TANK OPERATORS, INSTALLERS, AND TESTERS LICENSING › Section 1-49 - License Revocation

Current through July 13, 2024
(a)
Reasons.
The department may revoke or refuse to issue any of
				  the licenses required under Sections 45 through 48 for the following reasons:
(i) Submission of Falsified Data. The
				  department has documentary proof that information submitted to the department
				  for the purpose of obtaining a license was falsified or
				  misrepresented;
(ii) False
				  Reporting. Submission of any report to the department that is shown by the
				  tester as passing when the test actually shows a failing result; or
(iii) License Revoked. Any issuing agency
				  (ICC, NACE, the Wyoming Board of Registration for Professional Engineers and
				  Land Surveyors, or the manufacturer of test equipment) revokes the
				  certifications required for a license.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part M - FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS › Section 1-50 - General Requirements

Current through July 13, 2024
(a)
Implementation of Requirements
. Owners and/or operators shall
				  comply with the requirement of this Part for UST systems with field-constructed
				  tanks and airport hydrant systems as follows:
(i) For UST systems installed on or before
				  October 13, 2015, the requirements are effective according to the following
				  schedule:
Requirement
Effective Date
Upgrading UST systems; general operating
							 requirements; and operator training
October 13, 2018
Release detection
October 13, 2018
Release reporting, response, and investigation;
							 closure; financial responsibility and notification (except as provide in
							 paragraph (b) of this Section)
October 13, 2015
(ii) For UST systems installed after October
				  13, 2015, the requirements apply at installation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part M - FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS › Section 1-51 - Additions, Exceptions, and Alterations for UST Systems with Field-Constructed Tanks and Airport Hydrant Systems

Current through July 13, 2024
(a)
Exception to Piping Secondary Containment Requirement.
Owners
				  and/or operators may use single-wall piping when installing or replacing piping
				  associated with UST systems with field-constructed tanks greater than 50,000
				  gallons and piping associated with airport hydrant systems. Piping associated
				  with UST systems with field-constructed tanks less than or equal to 50,000
				  gallons not part of an airport hydrant system shall meet the secondary
				  containment requirement when installed or replaced.
(b)
Upgrade Requirements.
Not later than October 13, 2018, airport hydrant systems and UST
				  systems with field-constructed tanks where installation commenced on or before
				  October 13, 2015, shall meet the following requirements or be permanently
				  closed pursuant to Part G.
(i) Corrosion
				  Protection. UST system components in contact with the ground that routinely
				  contain regulated substances shall meet one of the following:
(A) Except as provided in paragraph (a) of
				  this Section, the new UST system performance standards for tanks and piping
				  found in Section 6; or
(B) Be
				  constructed of metal and cathodically protected according to NACE International
				  Standard Practice SP0285 as referenced in Section 2, or NACE International
				  Standard Practice SP0169 as referenced in Section 2, or National Leak
				  Prevention Association Standard 631 as referenced in Section 2, or ASTM
				  Standard G158 as referenced in Section 2; and shall meet the following:
(I) Cathodic protection shall meet the
				  requirements found in Section 6 for tanks and piping.
(II) Tanks over 10 years old without cathodic
				  protection shall be assessed to ensure the tank is structurally sound and free
				  of corrosion holes prior to adding cathodic protection. The assessment shall be
				  by internal inspection or another method determined by the department to
				  adequately assess the tank for structural soundness and corrosion
				  holes.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part N - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 1-52 - Applicability

Current through July 13, 2024
(a) All owners
				  and/or operators of petroleum underground storage tank (UST) systems as defined
				  in W.S. §
										
											35-11-1415 are subject to Part N
				  requirements. UST systems with field-constructed tanks and airport hydrant fuel
				  distribution systems are also subject to Part N requirements in accordance with
				  the schedule in Part M.
(b) If the
				  owner and/or operator of a petroleum UST are not the same person, only one
				  person is required to demonstrate financial responsibility. However, both
				  parties are liable in the event of noncompliance.
(c) When determining compliance with this
				  Part, the total number of owned and/or operated USTs includes not only those
				  located in Wyoming, but also those located at all locations throughout the
				  United States.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part N - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 1-53 - Financial Responsibility Amount and Scope

Current through July 13, 2024
(a) Petroleum USTs
				  or contaminated site owners and/or operators not eligible for the state
				  corrective action account shall demonstrate financial responsibility for taking
				  corrective action and for compensating third parties for bodily injury or
				  property damage caused by accidental releases arising from the operation of the
				  USTs. Financial responsibility shall be provided in the following
				  per-occurrence amounts:
(i) Owners and/or
				  operators of petroleum USTs located at petroleum marketing facilities, or that
				  handle an average of more than 10,000 gallons of petroleum per month based on
				  annual throughput for the previous calendar year; $1 million.
(ii) All other owners and/or operators of
				  petroleum USTs; $500,000.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0014 - Storage Tanks › Chapter 1 - STORAGE TANKS › Part N - FINANCIAL ASSURANCE FOR UNDERGROUND STORAGE TANKS › Section 1-54 - Allowable Mechanisms and Combinations of Mechanisms

Current through July 13, 2024
(a) Petroleum USTs
				  or contaminated site owners and/or operators not eligible for the state
				  corrective action account shall use any one or combination of mechanisms to
				  demonstrate financial responsibility under this Chapter for one or more USTs.
				  Demonstration shall be pursuant to the requirements of
				  40 CFR
				  280.95,
				  280.96,
				  280.97,
				  280.98,
				  280.99, and/or
				  280.102, and 280.103 when required by the mechanism chosen; and for local
				  governments,
				  40 CFR
				  280.104,
				  280.105,
				  280.106,
				  and/or 280.107, all as referenced in Section 2. The demonstration shall be
				  executed on forms provided by the department.
(b) An owner and/or operator may use a
				  guarantee under
				  40 CFR
				  280.96 or surety bond under
				  40
				  CFR 280.98, both as referenced in Section 2,
				  only if the Wyoming Attorney General submits in writing to the department that
				  the guarantee or surety bond is executed as described in the CFR and is a
				  legally valid and enforceable obligation in Wyoming.
(c) An owner and/or operator may use
				  self-insurance in combination with a guarantee only if, for the purpose of
				  meeting the requirements of the financial test under this Part, the financial
				  statements of the owner and/or operator are not consolidated with the financial
				  statements of the guarantor.
(d)
				  The department's trust and agency account will serve as the standby trust fund
				  as described in
				  40 CFR
				  280.103, as referenced in Section 2, which is
				  required in conjunction with a guarantee, surety bond, and letter of
				  credit.