020-1 Wyo. Code R. § 1-2

Current through April 27, 2019
Section 1-2 - INCORPORATION BY REFERENCE (IBR) OF 40 CFR

(a) GENERAL. Any reference in these rules to requirements, procedures, or specific forms contained in the Code of Federal Regulations (CFR), Title 40, Parts 124, 260 - 268, 270, 273, and 279 shall constitute the full adoption by reference of that part and Subparts as they appear in 40 CFR, revised as of January 31, 2014, including any notes and appendices therein, unless expressly provided otherwise in these rules. These rules do not include any later amendments or editions of the incorporated matter.

(b) EXCEPTIONS. The following 40 CFR portions by date are excluded from these rules: May 15, 2000 (65 FR 30886; Amendments to NPDES Program regulations), April 22, 2004 (69 FR 21737; Performance Track), October 25, 2004 (69 FR 62217; Performance Track), October 30, 2008 (73 FR 64668; Definition of Solid Waste), December 19, 2008 (73 FR 77954; RCRA Comparable Fuel Exclusion), and the amendments involving Performance Track requirements made as part of 71 FR 16862 on April 4, 2006. Nothing in 40 CFR Parts 260 - 268, 270, 273, 279 or Part 124 as pertains to permits for Underground Injection Control (U.I.C.) under the Safe Drinking Water Act, the Dredge or Fill Program under Section 404 of the Clean Water Act, or Prevention of Significant Deterioration Program (PSD) under the Clean Air Act is adopted or included by reference herein. 40 CFR Part 278 is not incorporated by reference, as the part applies to the Tri-State Mining District, not Wyoming.

  • (i) More specific exceptions to subparts of tiie 40 CFR, including more stringent provisions relative to the 40 CFR are detailed in the relevant sections of these rules.

(c) MORE STRINGENT AND BROADER-IN-SCOPE PROVISIONS. Those State-specific rules that are more stringent than, or broader-in-scope than, the 40 CFR are described in detail in Appendix A, Table 1-1 of this Chapter.

(d) AVAILABILITY OF REFERENCED MATERIAL. The federal rules adopted by reference throughout these rules are maintained at the following locations:

  • (i) Electronic copies of federal rules may be obtained from the U.S. Government Printing Office, http://www.ecfr.gov: and
  • (ii) Volumes of the 40 CFR are available for public inspection at the Wyoming Department of Environmental Quality, Solid and Hazardous Waste Division, Herschler Building 4-W, 122 West 25*^ Street, Cheyenne, WY 82002. Printed copies of the 40 CFR are also available at cost from the U.S. Government Printing Office, 732 N. Capitol St. NW, Washington, DC 20401 or at http://bookstore.gpo.gov/catalog/laws-regulations/code-federal-regulations-cfrs-print. Copies of the 40 CFR may be requested at cost through the DEQ, which will order the materials from the U.S. Government Printing Office.
  • (iii) An electronic copy of these Wyoming rules may be found at http://deq.state.wv.us/shwd/HWRulesz03.asp.

020-1 Wyo. Code R. § 1-2

Amended, Eff. 3/18/2015.