(a) IBR AND
EXCEPTIONS. 40 CFR Part 265 , and all Subparts except Subparts FF and R and
Sections
40 CFR
265.1(c)(4) and (c)(15),
265.15(b)(5),
265.70(b),
265.71,
265.147(k),
265.149,
265.150,
265.1030(c),
265.1050(f),
265.1080(e),
265.1080(f),
and
265.1080(g)
are herein incorporated by reference.
(i) For
purposes of
40 CFR
265.1(c)(5), "a State" shall
be replaced by "the State of Wyoming".
(ii) For purposes of
40 CFR
265.11, the owner or operator shall apply to
the DEQ for an EPA identification number.
(iii) For purposes of 40 CFR Subsection
265.12(a), "Regional Administrator" shall be defined as the U.S. Environmental
Protection Agency Region 8 Regional Administrator.
(iv) For purposes of
40 CFR
265.1083(c)(4)(ii), "EPA"
shall be defined as the U.S. Environmental Protection Agency.
(v) For purposes of
40 CFR
265.56(d)(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) . Notice
shall also be given to the Director, DEQ, whose address can be found at
http://deq.wyoming.gov/shwd,
using the DEQ 24-hour telephone number, 307-777-7501.
(vi) For purposes of
40
CFR 265.90(d)(1) and (3),
and 40 CFR 265.93(d)(2), ground-water monitoring plans and reports shall be
submitted to the Director.
(vii)
For purposes of
40 CFR
265.93(d)(5), the
owner/operator shall submit a written report to the Director fifteen days after
the determination of ground-water quality is made.
(viii) For purposes of
40 CFR
265.191(a), the tank
system's integrity assessment must be completed by January 12, 1988 for HSWA
tanks, as defined at Section 4(a)(xiv), and by October 18, 1996, for non-HSWA
tanks, as defined at Section 4(a)(xxi).
(ix) For purposes of
40 CFR
265.191(c), the compliance
date for conducting the assessment is within twelve months of July 14, 1986,
for HSWA tanks, as defined in Section 4(a)(xiv). For non-HSWA tanks, as defined
at Section 4(a)(xxi), the compliance date is within twelve months of October
18, 1995.
(x) For purposes of 40
CFR subparts 265.224(a), 265.259(a), and 265.303(a), all response action plans
shall be submitted to the Director.
(xi) For purposes of
40 CFR
265.314(f), the placement of
any liquid that is not a hazardous waste in a landfill is prohibited.
(xii) For purposes of
40
CFR 265.340(b)(2), the
language is replaced with, "The following requirements continue to apply even
when the owner or operator has demonstrated compliance with the MACT
requirements of part 63, Subpart EEE of this Chapter:
40 CFR
265.351 (closure) and the applicable
requirements of Subparts A through H, BB and CC of this part."
(xiii) "Malfunction" for purposes of 40 CFR
265, Subpart CC of these rules shall mean any sudden, infrequent, and not
reasonably preventable failure of air pollution control equipment, process
equipment, or a process to operate in a normal or usual manner. Failures that
are caused in part by poor maintenance or careless operation are not
malfunctions.
(b)
PURPOSE, SCOPE, AND APPLICABILITY. The requirements of 40 CFR Part 265 apply
to:
(i) The disposal of hazardous waste by
means of underground injection, regulated under Chapter 27 of the DEQ's Water
Quality Rules ; and
(ii) Any person who treats, stores, or
disposes of hazardous waste, if Wyoming has not been authorized to carry out
the requirements and prohibitions applicable to the treatment, storage, or
disposal of hazardous waste at his or her facility. The requirements and
prohibitions that are applicable until Wyoming receives authorization to carry
them out include all federal program requirements identified in
40 CFR
271.1(j).
(c) FINANCIAL MECHANISMS. For
40 CFR
265.143(g) and
265.145(g):
If the facilities covered by the mechanism are in more than one state,
identical evidence of financial assurance must be submitted to, and maintained
with, the state agency regulating hazardous waste or with the appropriate
Regional Administrator if the facility is located in an unauthorized
state.
(d) AIR EMISSION STANDARDS
FOR TANKS, SURFACE IMPOUNDMENTS, AND CONTAINERS. For purposes of
40
CFR 265.1080(c), the phrase
"or these rules" shall be inserted after "...RCRA Section 3005...".
(e) REQUIREMENTS FOR EXISTING AND NEWLY
REGULATED SURFACE IMPOUNDMENTS.
(i) Surface
impoundments regulated for the first time by a listing or characteristic
promulgated after November 8, 1984, must comply with new unit requirements or
stop hazardous waste activity by four years after the date of promulgation of
the new listing or characteristic.
(ii) For surface impoundments regulated for
the first time by a listing or characteristic promulgated after November 8,
1984, where the Director determines hazardous constituents are likely to
migrate into groundwater, the Director is authorized to impose such
requirements as may be necessary to protect human health and the environment,
including requiring compliance with new unit requirements.
