Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0009 - Solid Waste Management
Chapter 18 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS
Section 18-4 - Coal Combustion Residuals (CCR) Landfill and Surface Impoundment Permit Application Requirements
Universal Citation: WY Code of Rules 18-4
Current through September 21, 2024
(a) Permit required: All CCR units must be permitted in accordance with this Chapter.
(b) Permit transition: Permit application submittals under Chapter 1, Section 2 of these rules shall meet the following requirements;
(i) Existing
CCR landfills that are permitted under Chapter 3 of these rules that do not
have a lifetime permit and intend to continue disposal of CCR after the
effective date of this Chapter, shall submit a permit renewal application under
this Chapter no later than twelve months prior to the expiration date of the
facility's existing permit or twelve months after the effective date of this
Chapter, whichever comes later, unless an alternate schedule is approved by the
Administrator for good cause;
(ii)
Existing CCR surface impoundments that are permitted by the Water Quality
Division shall submit a new permit application under this Chapter within twelve
months of the effective date of this rule unless an alternate schedule is
approved by the Administrator for good cause, and;
(iii) Existing CCR landfill and surface
impoundment permits that do not have a lifetime permit and intend to cease
disposal of all waste before obtaining a lifetime permit, shall submit a
closure permit application no later than twelve months prior to the expiration
date of the facility's existing permit or the date the facility is anticipated
to cease disposal of CCR, whichever comes first, unless an alternate schedule
is approved by the Administrator for good cause.
(c) Permit terms:
(i) Permits for new CCR units or existing CCR
surface impoundments seeking a permit under this Chapter will be issued for the
operating life of the facility through post-closure.
(ii) Renewal permits for CCR landfills will
be issued for the operating life of the facility through
post-closure.
(iii) Closure permits
will be issued for a period that includes the time required to complete closure
activities and a minimum thirty year post-closure term. The closure permit
period will extend until the Administrator finds that facility closure is
protective of human health and the environment consistent with the purposes of
the Act. If, following receipt of documentation from the operator, the
Administrator determines that all closure and post-closure activities have been
completed and closure is protective of human health and the environment, the
permit shall be terminated as specified in Chapter 1 of these rules.
(d) Permit application requirements:
(i) The permit application shall
contain a completed permit application form and a written report demonstrating
compliance with the applicable standards and criteria set forth in Sections 5
through 15 of this Chapter. Records and supporting documents such as well logs,
maps, cross-sections, and monitoring reports should generally be included in
the written report as appendices.
(ii) All permit application forms shall be
completed in accordance with W.S. §
35-11-506 and signed by the operator, the
landowner, and any real property lienholder of public record. Applications
submitted by a municipality, state, federal or other public agency, shall be
signed by the head of the agency or ranking elected official.
(iii) All permit applications shall be
prepared under the supervision of a professional engineer licensed by the State
of Wyoming. All permit application forms shall be stamped, signed and dated by
a professional engineer. In addition, all portions of the permit application
that require geological services or work shall be stamped, signed and dated by
a professional geologist licensed by the State of Wyoming.
(e) Closure permit application requirement: Closure permit applications shall be submitted as required in Section 4(b)(iii) and shall meet the requirements of Section 10 of this Chapter.
(f) Permit amendments:
(i) All amendments shall comply with the
location, design and construction, operating, monitoring, and closure standards
of the applicable chapters of these rules. No amendment shall be implemented by
the operator without the prior written authorization of the
Administrator.
(ii) The operator
shall submit the proposed amendment in a format approved by the Administrator.
Permit amendments may be proposed independently or in conjunction with a permit
renewal or closure permit application.
(A)
Minor permit amendments will be processed in accordance with Chapter 1, Section
3 of these rules.
(B) Major permit
amendments will be processed in accordance with this section. The application
for an amendment shall include a cover letter describing in detail the
amendment sought. The application for amendment shall include revisions to the
permit application sufficient to fully describe the proposed amendment
including a revised table of contents and replacement text, plates, and
drawings that are fully formatted and numbered for insertion into the permit
application.
(I) The Administrator shall
review major permit amendment applications for completeness in accordance with
W.S. §
35-11-502(e) and (f). After
the application is determined complete, the applicant shall give written notice
of the application as required in Chapter 1, Section 2(c)(i) of these
rules.
(II) The Administrator shall
determine whether a proposed permit amendment complies with applicable
standards and is suitable for publication under W.S. §
35-11-502(h). The applicant
shall provide written notice of a proposed permit amendment as specified in
Chapter 1, Section 2(c)(ii) of these rules.
(III) The Director shall render a decision on
the major permit amendment in accordance with W.S. §
35-11-502(k) and
(m).
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