(a) IBR AND EXCEPTIONS. 40 CFR Part 260 and all Subparts, except 40 CFR 260.2, 40 CFR 260.10 (definitions of "Performance Track member facility", "remediation waste management site", and the third part of the definition for "facility"), and 260.20(d) and (e), are herein incorporated by reference as provided in 40 CFR. For the purposes of Part 260, the State is not adopting the changes associated with 73 FR 62668; October 30, 2008; Definition of Solid Waste. - (i) For purposes of 40 CFR 260.10, in the definition of "hazardous waste constituent", "Administrator" shall be defined as the U.S. Environmental Protection Agency Administrator. "Hazardous waste constituent" shall be a constituent that caused the Administrator of the United States Environmental Protection Agency to list the hazardous waste in part 261, subpart D, or a constituent listed in table 1 of § 261.24.
- (ii) For purposes of 40 CFR 260.10 "existing hazardous waste management (HWM) facility" or "existing facility" shall be a facility which was in operation or for which construction commenced on or before November 19, 1980. A facility has commenced construction if the owner or operator has obtained the permits and approvals required under federal, state or local statutes, regulations or ordinances necessary to begin physical construction; and either:
- (A) A continuous on-site, physical construction program has begun; or
- (B) The owner or operator has entered into contractual obligations which cannot be cancelled or modified without substantial loss for physical construction of the facility to be completed within a reasonable time.
- (ill) For purposes of 40 CFR 260.10, the definitions of "existing tank system" or "existing component" shall be as follows: A tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to July 14, 1986 for HSWA tanks, as defined in Section 4(a)(xiv). For non-HSWA tanks as defined in Section 4(a)(xxi), the installation date is October 18, 1995. Installation will be considered to have commenced if the owner or operator has obtained all permits and approvals required under federal, state or local hazardous waste control statutes, regulations or ordinances necessary to begin physical construction of the site or installation of the tank system and if either:
- (A) A continuous on-site physical construction or installation program has begun, or
- (B) The owner or operator has entered into contractual obligations which cannot be canceled or modified without substantial loss for physical construction of the site or installation of the tank system to be completed within a reasonable time.
- (iv) For purposes of 40 CFR 260.10, the definition of "new tanl< system" or "new tanl< component" siiall be as follows: A tank system or component that will be used for the storage or treatment of hazardous waste:
- (A) For which installation has commenced after July 14, 1986 for HSWA tanks, as defined in Section 4(a)(xiv), and October 18, 1995 for non-HSWA tanks, as defined in Section 4(a)(xxi), except,
- (B) For purposes of 40 CFR 264.193(g)(2) and 265.193(g)(2), for which construction commenced after July 14, 1986 for HSWA tanks, and October 18, 1995 for non-HSWA tanks.
(b) RULEMAKING PETITION. - (i) Any person may petition the Council to modify or revoke any provisions in these rules as allowed under W.S. 16-3-106. 40 CFR 260.21 sets forth additional requirements for petitions to add a testing or analytical method to 40 CFR parts 261, 264 or 265. 40 CFR 260.22 sets forth additional requirements for petitions to exclude a waste or waste-derived material at a particular facility from 40 CFR 261.3 or the lists of hazardous wastes in Subpart D of 40 CFR part 261. 40 CFR 260.23 sets forth additional requirements for petitions to amend 40 CFR part 273 to include additional hazardous wastes or categories of hazardous waste as universal waste.
- (ii) Each petition must be submitted in accordance with Chapter 3, Section 2 of the DEQ's Rules of Practice and Procedure.
- (ill) Rule making petitions will be evaluated in accordance with the requirements of Chapter 3, Sections 2(c) - (e) and Section 4(b) of the DEQ's Rules of Practice and Procedure.
020-1 Wyo. Code R. § 1-260