Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0012 - Voluntary Remediation Program
Chapter 1 - POLLUTION PREVENTION PLAN REQUIREMENTS FOR ELIGIBILITY IN THE VRP
Section 1-5 - Pertinent time frames regarding the requirement for a P2 Plan as a condition of VRP eligibility

Universal Citation: WY Code of Rules 1-5

Current through December 21, 2024

(a) For facilities identified in Section 4(a) of this Chapter:

(i) For all releases of contaminants that occur after January 1, 2011, in order for the facility to be considered for participation in the VRP, it must be demonstrated in accordance with Section 6(b) of this Chapter that at the time of the release, the facility was implementing a written P2 Plan which meets the requirements of Section 6(c), (d) and (e) of this Chapter.

(ii) For releases of contaminants that occurred after March 10, 2000, but before January 1, 2011, and for which application to the VRP is made after January 1, 2011, in order for the facility to be considered for participation in the VRP it must be demonstrated in accordance with Section 6(b) of this Chapter that at the time of VRP application, the facility is implementing a written P2 Plan which meets the requirements of Section 6(c), (d) and (e) of this Chapter.

(iii) For releases of contaminants where the date of the release is unknown and for which application to the VRP is made after January 1, 2011, the following shall be met in order to be considered for participation in the VRP:

(A) The Administrator must accept as relevant and legitimate the written documentation provided by the applicant describing why the date of the release is unknown (e.g., the applicant has/had no way of knowing the date of release because it occurred under prior ownership); and

(B) It must be demonstrated in accordance with Section 6 of this Chapter that at the time of VRP application, the facility is in compliance with the written P2 Plan requirements described in Section 6(c) of this Chapter.

(b) For facilities identified in Section 4(b):

(i) For all releases of contaminants that occur after January 1, 2011, to be considered for participation in the VRP it must be demonstrated in accordance with Section 7(b) of this Chapter that at the time of the release, the facility was in compliance with the alternative minimum pollution prevention operating standards described in Section 7(c) of this Chapter.

(ii) For releases of contaminants that occurred after March 10, 2000, but before January 1, 2011, and for which application to the VRP is made after January 1, 2011, in order for the facility to be considered for participation in the VRP it must be demonstrated in accordance with Section 7(b) of this Chapter, that at the time of VRP application, the facility is in compliance with the alternative minimum pollution prevention operating standards described in Section 7(c) of this Chapter.

(B) It must be demonstrated in accordance with Section 7(b) of this Chapter that at the time of VRP application, the facility is in compliance with the alternative minimum pollution prevention operating standards described in Section 7(c) of this Chapter.

(c) This Chapter does not require written P2 Plans or implementation of alternative minimum pollution prevention operating standards as a condition of eligibility for participation in the VRP when application to the VRP was submitted before January 1, 2011 or when the release occurred prior to March 10, 2000.

Date of Contaminant Release, Date of Application for the VRP and P2 Plan Requirements for VRP Eligibility

Types of Sites	Date of contaminant release	VRP application date	P2 standards	P2 Plan implementation requirements	When the Volunteer must be implementing the P2 Plan
All Sites	Before Jan. 1, 2011	Before Jan. 1, 2011	None	None	None
All Sites	Before March 10, 2000	At any time	None	None	None
Facilities Identified in Section 4(a)	After Jan. 1, 2011	After Jan. 1, 2011	Section 6	Section 5(a)(i)	At the time of the release
	After March 10, 2000 but before Jan. 1, 2011	After Jan. 1, 2011	Section 6	Section 5(a)(ii)	At the time of VRP application
	Unknown	After Jan. 1, 2011	Section 6	Section 5(a) (iii)	At the time of VRP application
Facilities Identified in Section 4(b)	After Jan. 1, 2011	After Jan. 1, 2011	Section 7	Section 5(b)(i)	At the time of the release
	After March 10, 2000 but before Jan. 1, 2011	After Jan. 1, 2011	Section 7	Section 5(b)(ii)	At the time of VRP application
	Unknown	After Jan. 1, 2011	Section 7	Section 5(b) (iii)	At the time of VRP application

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