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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