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

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)