(a) IBR AND EXCEPTIONS. 40 CFR Part 124, Subparts A, B and G are herein incorporated by reference as provided in 40 CFR, except that the fourth sentence of 40 CFR 124.31(a), the third sentence of 40 CFR 124.32(a), and the second sentence of 40 CFR 124.33(a) are expressly omitted from the incorporation by reference of each of those subsections. 40 CFR Sections 124.1, 124.4, 124.5(c), 124.5(e)-(g), 124.6(c), 124.6(d)(4)(ii)-(v), 124.8(b)(3), 124.8(b)(8), 124.9(b)(6), 124.10(a)(1)(iv)-(v), 124.10(c)(1)(iv)-(viii), 124.10(c)(2)(i), 124.10(d)(1)(vii)-(viii), 124.10(d)(2)(iv), 124.12(b), 124.15(b)(2), 124.16, 124.18(b)(5), 124.19, 124.21, 124.204(d)(1) and (4), 124.205(a) and (h) are also not incorporated by reference. - (i) For purposes of 40 CFR 124.6(e), 124.10(b), and 124.10(c)(1)(ii), "EPA" and "Administrator" or "Regional Administrator" shall be defined as the U.S. Environmental Protection Agency and the U.S. Environmental Protection Agency Region 8 Regional Administrator, respectively.
- (ii) For purposes of 40 CFR 124.10(b)(1) the last sentence shall be deleted, as it addresses NPDES permits.
- (iii) For purposes of 40 CFR 124.19, the "Environmental Appeals Board" shall be the Council. Environmental appeals under 40 CFR 124.19 are addressed in Section 124(f) of these rules.
- (iv) All permit termination procedures shall be accomplished in accordance with the requirements of the Wyoming Administrative Procedures Act.
- (v) The DEQ may order facility closure following permit termination. Closure and post-closure activities shall be accomplished in accordance with a plan approved by the DEQ. If a closure/post-closure plan has not been approved, closure and post-closure activities shall be accomplished in accordance with the standards specified in 40 CFR 264 and 265.
(b) APPLICATIONS FOR A PERMIT. - (i) Any person who requires a permit under W.S. 35-11-503(d) shall complete, sign and provide the Director with one copy of the permit application. The application shall be organized in three-ring binders, and the information set forth in a format that conforms to the order set forth in the applicable Sections of these rules.
- (ii) Each application for a State HWMF permit should be reviewed for completeness by the Director within 60 days of receipt or an alternate date as agreed upon by the Director and the applicant. Upon completing the review, the Director shall notify the applicant in writing whether the application is complete. If the application is incomplete, the Director shall list the information necessary to make the application complete in a notice of deficiency (NOD),
which shall be sent promptly to the applicant. The NOD shall specify a date for submitting the necessary information. Information submitted in response to the NOD should be reviewed for completeness within 60 days of its submission. The Director shall notify the applicant that the application is complete when the Director determines that all information requirements have been met. After the application is completed, the Director may request additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete.
- (iii) The effective date of an application is the date on which the Director notifies the applicant that the application is complete as provided in Section 124(b)(ii) of this Chapter. Upon receipt of notice that the application is complete, the applicant shall:
- (A) Provide written notice of the application to landowners with property located within a half mile of the site, using certified, return receipt requested mail.
- (B) Provide such written notice to each member of the interested parties mailing list maintained by the DEQ, the mayor of each city or town within fifty miles of the proposed facility and to the county commission and any solid waste district for the county in which the potential facility is located.
- (C) Cause a notice to be published once a week for two (2) consecutive weeks in a newspaper of general circulation within the county where the applicant plans to locate the facility. The notice shall contain information about the permit application including the identity of the applicant, the proposed facility location, facility size, waste types intended for treatment, storage or disposal, method of operation, and operating life. Specific text for the notice shall be provided to the applicant by the DEQ. The DEQ may, at its discretion, conduct a public hearing or receive written public comment on the application submission.
- (iv) Once an application is complete, the Director shall conduct a technical review of the application within 90 days of the effective date of the application or an alternate date agreed upon by the Director and the applicant.
- (v) All draft permits prepared under 40 CFR 124.6 shall be accompanied by a fact sheet ( 40 CFR 124.8 ) or statement of basis ( 40 CFR 124.7 ) and shall be based on the administrative record ( 40 CFR 124.9 ), publicly noticed ( 40 CFR 124.10 ) and made available for public comment ( 40 CFR 124.11 ). The Director shall give notice of opportunity for a public hearing ( 40 CFR 124.12 ), issue a final decision ( 40 CFR 124.15 ) and respond to comments ( 40 CFR 124.17 ). Draft permits prepared by the State of Wyoming shall be accompanied by a fact sheet if required by 40 CFR 124.8. An appeal may be taken in accordance with Article 10 of the Act and the provisions of the Wyoming Administrative Procedures Act.
- (vi) The administrative record for a draft permit should consist of:
- (A) Other non-confidential documents contained in the supporting file for the draft permit, e.g., memorandums of meetings and records of communications.
(c) MODIFICATION, REVOCATION AND REISSUANCE, OR TERMINATION OF PERMITS. - (i) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the Director's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in 40 CFR 270.41 or 40 CFR 270.43. All requests shall be in writing and shall contain facts or reasons supporting the request.
- (ii) If the Director decides tiie request is not justified, tiie Director siiall send tiie requester a brief written response giving a reason fertile decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice or comment. Denials by the Director may be informally appealed to the Council. An appeal may be taken in accordance with W.S. 35-11-112(a)(iii) and the provisions of the Wyoming Administrative Procedures Act.
- (iii) If the Director tentatively decides to modify or revoke and reissue a permit under 40 CFR 270.41 (other than 40 CFR 270.41(b)(3) ) or 40 CFR 270.42(c), the Director shall prepare a draft permit under 40 CFR 124.6 of these rules incorporating the proposed changes. The Director may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, other than under 40 CFR 270.41(b)(3), the Director shall require the submission of a new application. In the case of revoked or reissued permits under 40 CFR 270.41(b)(3), the Director and the permittee shall comply with the appropriate requirements in 40 CFR Part 124, Subpart G for standardized permits. In a permit modification under 40 CFR 124.5, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under 40 CFR 124.5, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued. "Classes 1 and 2 modifications" as defined in 40 CFR 270.42(a) and (b) are not subject to the requirements of 40 CFR 124.5.
- (iv) If the Director tentatively decides to terminate a permit under 40 CFR 270.43, the Director shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under 40 CFR 124.6.
(d) PUBLIC NOTICE REQUIREMENTS. - (i) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under 40 CFR 124.10(a) shall commence within 15 days of these activities and shall allow at least 45 days for public comment.
- (ii) Public notice of activities described in 40 CFR 124.10(a)(1) shall be given by publication of a notice once a week for two (2) consecutive weeks in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations.
- (iii) Obligation to raise issues and provide information during the public comment period. All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Director's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, must raise all reasonably ascertainable issues and submit all reasonably available arguments supporting their position by the close of the public comment period under 40 CFR 124.10. Any supporting materials which are submitted shall be included in full and may not be incorporated by reference, unless they are already part of the administrative record in the same proceeding, or consist of State or federal statutes and regulations, EPA documents of general applicability, or other generally available reference materials. Commenters shall make supporting materials not already included in the administrative record available to the DEQ as requested by the Director. (A comment period longer than 45 days may be necessary to give commenters a reasonable opportunity to comply with the requirements of 40 CFR 124.13. Additional time shall be granted under 40 CFR 124.10 to the extent that a commenterwho requests additional time demonstrates the need for such time.)
- (iv) Within 30 days after tiie close of tiie public comment period under 40 CFR 124.10 on a draft permit, the Director shall issue a final permit decision (or a decision to deny a permit for the active life of a HWMF or unit under 40 CFR 270.29 ) unless an objection has been filed with the Director in accordance with 40 CFR 124.12(a)(3)(i),(ii) & (a)(4). If an objection has been filed, and a Council hearing is held, the Council shall issue findings of fact and a decision on the proposed permit within 30 days after the final hearing. The Director shall issue or deny the final permit no later than 15 days from receipt of any findings of fact and decision of the Council. The Director shall notify the applicant and each person who has submitted written comments or requested notice of the final permit decision. This notice shall include reference to the procedures for appealing a decision on a State HWMF permit or for contesting a decision to terminate a State HWMF permit. For the purposes of 40 CFR 124.15, a final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit.
(e) PUBLIC HEARINGS. - (i) The Director shall hold a public hearing pursuant to Chapter 3 of the DEQ's Rules of Practice and Procedure whenever the Director finds, on the basis of requests, a significant degree of public interest in a draft permit(s);
- (ii) The Director may also hold a public hearing pursuant to Chapter 3 of the DEQ's Rules of Practice and Procedure, at his or her discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision;
- (iii) The Director shall hold a public hearing under Chapter 3 of the DEQ's Rules of Practice and Procedure whenever written notice of opposition to a draft permit and a request for a hearing has been received within 45 days of public notice under Section 124(d)(i) of this Chapter. Whenever possible the Director shall schedule a hearing under Section 124(e) of this Chapter at a location convenient to the nearest population center to the proposed facility and within 20 days after the close of the public comment period unless a different schedule is deemed necessary by the Council. In addition to the public notice procedures specified in Section 124(d) of this Chapter, the Director shall publish notice of the time, date and location of the hearing in a newspaper of general circulation in the county where the applicant plans to locate the facility once a week for two (2) consecutive weeks immediately prior to the hearing.
- (iv) The public comment period under Section 124(d)(i) of this Chapter shall be automatically extended to the close of any public hearing under Section 124(e)(i) or 124(e)(ii) of this Chapter.
- (v) The Director may also in the circumstances described above, elect to hold further proceedings as provided in the DEQ's Rules of Practice and Procedures. This decision may be combined with any of the actions enumerated in 40 CFR 124.14(b).
(f) APPEAL OF STATE HAZARDOUS WASTE MANAGEMENT FACILITY PERMITS. The applicant or any person adversely affected or aggrieved by any final operating permit or final permit condition may obtain judicial review by filing a petition for review within 30 days after entry of the order or other final action complained of pursuant to the provisions of the Wyoming Administrative Procedures Act.
(g) WHAT IS A STANDARDIZED PERMIT? The standardized permit is a special form of State HWMF permit that authorizes you to manage hazardous waste and may consist of two parts: A uniform portion that the Director issues in all cases, and a supplemental portion that the Director issues at his or her discretion. The term "Standardized Permit" is formally defined in 40 CFR 124.2.
(i) What comprises the uniform portion? The uniform portion of a standardized permit consists of terms and conditions, relevant to the unit(s) you are operating at your facility, that the DEQ has promulgated in 40 CFR 267. If you intend to operate under the standardized permit, you must comply with these State-wide applicable terms and conditions.
020-1 Wyo. Code R. § 1-124