Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0003 - Hazardous Waste › Chapter 1 - GENERAL PROVISIONS › Appendix A - TABLE SHOWING MORE STRINGENT AND BROADER-IN-SCOPE PROVISIONS

Current through July 13, 2024
TABLE 1-1
More Stringent and Broader in Scope Provisions Relative
				  to 40 CFR
RCRA TOPIC
STATE CITATION AND
							 EXPLANATION
RELEVANT 40 CFR
							 REFERENCES
CLOSURE
HWRR 264(a)(vii): Wyoming is more stringent because
							 it requires that owner/operators at closure will take, and continue to take,
							 all steps to prevent threats to human health and the
							 environment.
264.112(d)(2)(i)
CORRECTIVE ACTION MANAGEMENT UNITS
							 (CAMUs)
HWRR 260(a), 264(e): Wyoming is more stringent for
							 the definitions of "facility" and "remediation waste management site" because
							 facilities not subject to
							 40 CFR
							 264.101 are not eligible for the less
							 stringent management standards of the Corrective Action Management Unit (CAMU)
							 program. Wyoming does not adopt the definition of "remediation waste management
							 site", or the third part of the definition for "facility". Also, Wyoming is
							 broader-in-scope because it makes the CAMU requirements available to
							 participants in the State of Wyoming Voluntary Remediation Program implementing
							 corrective action pursuant to a remedy agreement developed under Wyoming
							 Statute
							 W.S.
							 35-11-1607.
260.10, 264.1(j), 264.73(b)(17), 264.101(d),
							 264.551(a), 264.552(a), 264.552(e), and 264.553(a)
EMERGENCY REPORTING
HWRR 263(c): Wyoming is more stringent in that it
							 requires an air, rail, highway, or water transporter to report discharged
							 hazardous waste to the Director in addition to the National Response Center and
							 DOT.
263.30(c)
EMERGENCY REPORTING
HWRR 262(e), 264(a)(v), 265(a)(iv), 267(a)(iii):
							 Wyoming is more stringent because the State requires the emergency coordinator
							 to also report their findings to the Wyoming Department of Environmental
							 Quality (307-777-7501) in addition to the National Response Center
							 (800-4248802).
262.16(b)(9)(iv)(C), 262.265(d)(2), 264.56(d)(2),
							 265.56(d)(2), and 267.56(c)(2)
EMERGENCY REPORTING
HWRR 270(e)(i): Wyoming is more stringent because
							 the State requires the permittee to report any release or discharges of
							 hazardous waste regardless of whether or not it may cause an endangerment to
							 the public water supplies.
270.30(l)(6)(i)(A) and (B)
FITNESS OF THE APPLICANT
HWRR 270(n): Wyoming is broader-in-scope because the
							 State requires the applicant to demonstrate his/her fitness to meet the
							 requirements for a hazardous waste permit.
No federal analog
HEALTH RISK ASSESSMENT
HWRR 270(a)(x): Wyoming is more stringent in that it
							 requires provisions more stringent than the Federal exposure assessment
							 requirements.
270.10(j)(1)
INTERIM STATUS
HWRR 270(h): Wyoming is more stringent because it
							 uses the phrase "shall be eligible to receive interim status" versus the
							 federal phrase "shall have interim status." Additionally, Wyoming also states
							 that the Director determines if the owner or operator has complied with the
							 necessary requirement. This makes Wyoming more stringent as receiving interim
							 status is not as "automatic" as it is under federal
							 requirements.
270.70(a)
LANDFILLS
HWRR 264(a)(x), 265(a)(x): Wyoming is more stringent
							 because it does not adopt the option for the landfill owner or operator to make
							 a demonstration to the Director in order to allow the placement of liquids that
							 are not hazardous wastes in the landfill.
264.314(e), 264.314(e)(1) and (2), 265.314(f),
							 265.314(f)(1) and (2)
LANDFILLS
HWRR 264(a)(xi): Wyoming is more stringent because
							 it deletes the phrase "or a demonstration is made pursuant to §
							 264.314(e)".
264.552(a)(3)(iii)
LOCATION STANDARDS
HWRR 264(a)(iv), 267(a)(ii): Wyoming is more
							 stringent because it prohibits new facilities from locating within the
							 boundaries of a 100-year floodplain.
264.18(b)(1), 267.18(b)
LOCATION STANDARDS
HWRR 270(c)(ii): Wyoming is more stringent in that
							 it requires a one-mile (versus 1/4-mile in the federal code) boundary for the
							 locations of wells, springs, surface water, etc. shown on the topographic map
							 submitted under Part A of the application.
270.13(l)
LOCATION STANDARDS
HWRR 270(d), 270(j): Wyoming is more stringent in
							 that it adds additional provisions requiring a health risk assessment based on
							 health risks associated with normal operation or failure of a HWMF pollution
							 control or containment system.
270.14(b)(11)
LOCATION STANDARDS
HWRR 270(d)(i): Wyoming is more stringent in that it
							 requires additional information concerning the facility location "sufficient to
							 demonstrate compliance with all of the more stringent applicable location
							 standards specified in Sections 264, 267, and 270 of these rules." The federal
							 code only requires that political jurisdiction be identified, so that the
							 applicability of the seismic standard can be determined.
270.14(b)(11)(i)
LOCATION STANDARDS
HWRR 270(d)(ii): Wyoming is more stringent in that
							 it requires that the information provided to demonstrate compliance with the
							 seismic standard must be acceptable to professional geologists. The federal
							 code only states that this information must be acceptable to
							 geologists.
270.14(b)(11)(ii)
LOCATION STANDARDS
HWRR 270(d)(iii): Wyoming is more stringent in that
							 the methods used to determine the 100-year floodplain must be approved by the
							 Director.
270.14(b)(11)(iii)
Information shall also be provided identifying the
							 100-year flood level and any other special flooding factors (e.g., wave action)
							 that must be considered in designing, constructing, operating, or maintaining
							 the facility to withstand washout from a 100-year flood.
MILITARY MUNITIONS
HWRR 266(b)(i): Wyoming is more stringent in that
							 the State requires that the operator of the range must "notify the Director in
							 writing" if remedial action is infeasible.
266.202(d)
MILITARY MUNITIONS
HWRR 266(b)(iv): Wyoming is more stringent in that
							 Wyoming limits the conditional exemption for storage to waste generated by the
							 facility storing the waste unless "...storage of waste military munitions from
							 another facility is the result of an inability to transport the waste military
							 munitions for treatment or disposal due to inclement weather or other
							 circumstance as approved in writing by the Director."
266.205(a)(1)
MILITARY MUNITIONS
HWRR 266(b)(ii), 266(b)(vi): Wyoming is more
							 stringent in that it does not allow a default reinstatement if the Director
							 does not act on the application within 60 days.
266.203(b), 266.205(c)
MILITARY MUNITIONS
HWRR 266(b)(iii), 266(b)(viii): Wyoming is more
							 stringent in that any amendments to the effective date of the Department of
							 Defense shipping controls or DDESB storage standards are not effective until
							 approved by the Director.
266.203(c), 266.205(e)
NOTIFICATION
HWRR 261(a)(iii): Wyoming is more stringent in that
							 it requires a copy of the notification be sent to the Director.
261.41(a)
PERMIT APPLICATIONS
HWRR 270(c)(ii): Wyoming is more stringent because
							 the State requires under Part A of the permit application that the applicant
							 provide information regarding the applicant's history of convictions relating
							 to environmental or racketeering charges. There is no direct federal analog for
							 this requirement.
270.13
PERMIT APPLICATIONS
HWRR 270(b)(ii): Wyoming is more stringent in that
							 it adds the requirement that any person who gains ownership or operational
							 control of a facility through a transfer, must have the Director's approval
							 that they meet the qualifications for owners and operators under Sections
							 270(m) and 270(n) of this Chapter. The State also requires a written agreement
							 between the current owner and the new owner specifying the date of transfer of
							 responsibility, however, Wyoming requires that the written agreement contain
							 signed and notarized documentation that the new owner will be bound to, and
							 responsible for, the permit provisions.
270.40(b)
PERMIT MODIFICATIONS
HWRR 270(a)(xx): Wyoming is more stringent because
							 Wyoming requires the Director to provide a response to a permit modification
							 request within 90 days ("Combustion facility changes to meet part 63 MACT
							 standards"). Unlike the federal rules, the regulated community may not rely on
							 an absence of an approval after 90 days have elapsed as being a tacit approval
							 under the State's regulation.
270.42(j)(3)
PERMIT TERMINATION
HWRR 124(a)(iii): Wyoming is more stringent because
							 it adds a provision stating that the Director may order facility closure
							 following permit termination. The federal rules do not give the Director this
							 authority.
124.5
PROFESSIONAL ENGINEER CERTIFICATION
HWRR 3(f): Wyoming is more stringent because it
							 requires professional engineers to be registered in Wyoming when referring to
							 activities requiring Professional Engineer certification. This differs from the
							 EPA phrase "qualified Professional Engineer".
264.115, 264.120, 264.143(i), 264.145(i),
							 264.147(e), 264.191(a), 264.191(b)(5)(ii), 264.192(a), 264.192(b),
							 264.193(i)(2), 264.196(f), 264.280(b), 264.554(c)(2), 264.571(a), (b), and (c),
							 264.573(a)(4)(ii), 264.573(g), 264.574(a), 264.1101(c)(2), 265.115, 265.120,
							 265.143(h), 265.145(h), 265.147(e), 265.191(a), 265.191(b)(5)(ii), 265.192(a)
							 and (b), 265.193(i)(2), 265.196(f), 265.280(e), 265.441(a), (b), and (c),
							 265.443(a)(4)(ii), 265.443(g), 265.444(a), 265.1101(c)(2), 267.117, 267.147(e),
							 267.191, 267.192(a), 267.200(f), 270.14(a), 270.16(a), and
							 270.26(c)(15)
PROFESSIONAL GEOLOGIST CERTIFICATION
HWRR 3(g): Wyoming is more stringent because it
							 requires that the certifying geologist be a professional geologist registered
							 in the State of Wyoming. This differs from the EPA phrases "qualified
							 geologist" or "geologists".
264.90(b)(4), 265.90(c), 265.90(d)(1), 265.93(d)(2),
							 and 270.14(b)(11)(ii)
PUBLIC NOTICE
HWRR 124(c)(i: Wyoming is more stringent because it
							 requires public notice within 15 days of the preparation of a draft
							 permit.
124.10(b)(1)
PUBLIC NOTICE
HWRR 124(c)(ii): Wyoming is more stringent because
							 it requires publication of a notice for all RCRA permits once a week for two
							 consecutive weeks, versus one notice required by federal
							 regulation.
124.10(c)(2)(ii)
PUBLIC NOTICE
HWRR 124(e)(iii): Wyoming is more stringent in that
							 it requires a hearing to be scheduled within 20 days after the close of the
							 public comment period unless a different schedule is deemed necessary by the
							 Council. Wyoming is also more stringent in that it requires a public notice
							 published once a week for two consecutive weeks immediately prior to the
							 hearing in the county where the applicant plans to locate the
							 facility.
124.12(a)(3) and (4)
REMEDIAL ACTION PLANS (RAPs)
HWRR 264(a): Wyoming is more stringent because it
							 does not adopt the less stringent Remedial Action Plan (RAP) alternate permit
							 for remediation waste management sites.
264.554(l)(2)
REMEDIAL ACTION PLANS (RAPs)
HWRR 270(a): Wyoming is more stringent because it
							 has chosen not to adopt the November 30, 1998 final rules provisions of
							 40 CFR
							 270.11(d)(2), which were
							 considered to be less stringent relative to signatures on certification
							 documents (Revision Checklist 175, 63 FR 65874).
270.11(d)(2)
REMEDIAL ACTION PLANS (RAPs)
HWRR 270(a), 270(a)(iv): Wyoming is more stringent
							 because it does not adopt the less stringent Remedial Action Plan alternate
							 permit for remediation waste management sites.
270.2, 270.11(d)(2), 270.68, 270.73(a), 270.79 -
							 270.230
REPORTING REQUIREMENTS
HWRR 265(a)(v): Wyoming is more stringent because it
							 requires groundwater monitoring plans and reports to be submitted to the
							 Director.
265.90(d)(1) and (3), 265.93(d)(2)
REPORTING REQUIREMENTS
HWRR 265(a)(vi): Wyoming is more stringent in that
							 it requires the owner/operator to submit a written report to the Director 15
							 days after the assessment of ground-water quality is completed.
265.93(d)(5)
REQUIREMENTS FOR RECYCLABLE
							 MATERIALS
HWRR 261(b): Wyoming is more stringent in that it
							 has adopted requirements for management of sham recycling
							 activities.
261.6
RESPONSE ACTION PLANS
HWRR 265(a)(ix): Wyoming is more stringent because
							 it requires the surface impoundment response action plan to be submitted to the
							 Director.
265.224(a)
RESPONSE ACTION PLANS
HWRR 265(a)(ix): Wyoming is more stringent because
							 it requires that the waste pile response action plan be submitted to the
							 Director.
265.259(a)
RESPONSE ACTION PLANS
HWRR 265(a)(ix): Wyoming is more stringent because
							 it requires that the landfill response action plan be submitted to the
							 Director.
265.303(a)
TRAINING REQUIREMENTS
HWRR 270(m): Wyoming is more stringent in that it
							 requires information concerning the management and technical capabilities of
							 the owner and operator in addition to the training requirements in the Federal
							 provisions.
264.16, 270.14(b)(12)