Current through September 21, 2024
(a)
Do you need a written P2 Plan to
be eligible for the VRP? The following sites shall be identified as
facilities and shall be implementing the requirements of an adopted, written P2
Plan as described in Section 6 of this Chapter in order to be considered for
participation in the VRP:
(i) Large quantity
generators of hazardous waste subject to regulation under Chapter 8 of the
Wyoming Hazardous Waste Management Rules and Regulations;
(ii) Sites required to have a Spill
Prevention Control and Countermeasure Plan under the requirements of the
Environmental Protection Agency's Federal Oil Pollution Prevention Regulations
found in Title 40, Part 112 of the CFR, as revised and published on July 1,
2006 and not including any later amendments or editions. This CFR is
incorporated by reference under Section 8 of this Chapter;
(iii) Sites required to have an Emergency
and/or Response Plan under the requirements of the Department of
Transportation's regulations found in Title 49, Parts 190 through 199 of the
CFR, as revised and published on October 1, 2006 and not including any later
amendments or editions. This CFR is incorporated by reference under Section 8
of this Chapter;
(iv) Sites
required to report under the Environmental Protection Agency's requirement for
toxic chemical release reporting found in Title 40 Part 372 of the CFR, as
revised and published on July 1, 2006 and effective as of August 7, 2006 and
not including any later amendments or editions. This CFR is incorporated by
reference under Section 8 of this Chapter;
(v) Sites subject to regulation as an interim
status or permitted hazardous waste treatment, storage or disposal facility
under Chapters 10 or 11 of the Wyoming Hazardous Waste Management Rules and
Regulations; and
(vi) Sites subject
to regulation under Article 14 (Storage Tanks) of the Wyoming Environmental
Quality Act where releases have occurred from sources other than the regulated
tanks.
(b)
Do
you need to implement alternative minimum pollution prevention operating
standards to fulfill the P2 Plan requirement in order to be considered for
participation in the VRP? The owner or operator of any place of
business or site not listed in Section
4(a) of this Chapter, which
stores, uses or generates contaminants must demonstrate to the satisfaction of
the Administrator that the alternative minimum pollution prevention operating
standards, as described in Section 7 of this Chapter, are being implemented at
the place of business or site in order to be considered for participation in
the VRP. Such places of business or sites shall be identified as facilities for
the purposes of this Chapter.
(c)
For any place of business or site identified as a facility in Section
4(a) or
(b) of this Chapter to which any of the
following conditions apply to the release in question, upon certifying the
existence of the condition to the satisfaction of the Administrator, the owner
or operator shall have met the P 2 Plan requirements for VRP eligibility.
(i) Release of contaminants was solely the
result of an in-transit incident which occurred during air, rail or truck
transportation caused by an entity other than the owner or operator of the
place of business or site, the cause of the release was identified and measures
were taken to prevent a recurrence;
(ii) Only a small quantity inventory of
contaminants are used, stored or generated at the place of business or site and
this is demonstrated to the satisfaction of the Administrator by providing
written records clearly documenting that the volume and disposition of these
contaminants meets the requirements as defined in Section 2 of this Chapter;
or
(iii) The owner or operator of a
place of business or site meets the definition of an innocent owner as defined
in W.S.
35-11-1801.
(d) If the owner of a site can certify to the
satisfaction of the Administrator that all activities and waste derived from
those activities meet the definitions for household waste and/or household
do-it-yourselfer used oil created by a household do-it-yourselfer used oil
generator as presented in Section 2 of this Chapter, the owner of the site
shall have met the P2 Plan requirement in order for the site to be eligible for
the VRP.
