Wyo. Code R. 020-0009-18
Effective Date: 08/19/2022 to Current
Rule Type: Current Rules & Regulations
Reference Number: 020.0009.18.08192022
Authority: This Chapter is promulgated pursuant to the Wyoming Environmental Quality Act (Act), Wyoming Statute (W.S.) § 35-11-503.
(a) General: 40 Code of Federal Regulations (CFR) part 257 subpart D; Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments. Any reference in these rules to requirements, procedures, or specific forms contained in 40 CFR part 257 subpart D shall constitute the full adoption by reference of sections of that part and subpart as they appear in the CFR dated December 14, 2020. These rules do not include any later amendments or editions of the incorporated matter.
(b) The Wyoming Department of Environmental Quality, Solid and Hazardous Waste Division, has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules.
(c) More stringent and broader-in-scope provisions: State-specific rules that are more stringent or broader-in-scope than the provisions of 40 CFR part 257 subpart D are detailed in the relevant sections of these rules.
(d) Availability of referenced material: The federal rules incorporated by reference throughout this Chapter are maintained at the following locations:
(i) Electronic copies of the federal rules incorporated by reference throughout these rules may be obtained from the U.S. Government Publishing Office, https://www.ecfr.gov/; and
(ii) 40 CFR part 257 subpart D is available for public inspection at the Wyoming Department of Environmental Quality, Solid and Hazardous Waste Division, 200 W. 17th Street, Cheyenne, Wyoming. Printed copies of the federal regulations incorporated by reference throughout these rules are also available at cost from the U.S. Government Publishing Office, 732 North Capitol Street Northwest, Washington D.C. 20401 or at http://bookstore.gpo.gov/catalog/laws-regulations/code-federal-regulations-cfrs-print. Copies of federal regulations may be requested at cost through the Wyoming Department of Environmental Quality, which will order the materials from the U.S. Government Publishing Office.
(a) Scope and purpose: The scope and purpose of 40 CFR 257.50 are incorporated by reference, with the exception of 40 CFR 257.50(e).
(b) Applicability of other regulations: The applicability of other regulations under 40 CFR 257.52 is incorporated by reference.
(c) Definitions: The definitions of 40 CFR 257.53 are incorporated by reference. Definitions in W.S. § 35-11-103(a) and (d), and Chapter 1, Section 1 of these rules not included in 40 CFR 257.53 apply to this chapter and:
“Administrator” means the Solid and Hazardous Waste Division Administrator;
(ii) “Major amendment” means a change to any solid waste management facility location, design or construction, or to any operating, monitoring, closure or post-closure activities, involving one or more of the following items:
(A) The total permitted volumetric capacity of the facility is to be increased by more than five percent;
(B) The effectiveness of any liner, leachate collection or detection system, gas detection or migration system, or pollution control or treatment system may be reduced;
(C) The facility modification will, in the judgment of the Administrator, be likely to alter the fundamental nature of the facility’s activities or reduce the capacity of the facility to protect human health and the environment; and
(iii) The following state terms shall replace the federal terms in 40 CFR part 257.53, unless otherwise noted in these rules:
(A) “Regional Administrator, Participating State Director, or State Director” means the Director of the Wyoming Department of Environmental Quality, or their designee.
“State” means the State of Wyoming.
(C) “Certification from a qualified professional engineer or approval from the Participating State Director or approval from EPA where EPA is the permitting authority” means the certification from a licensed professional engineer and submittal to the Administrator for approval.
(a) Permit required: All CCR units must be permitted in accordance with this Chapter.
(b) Permit transition: Permit application submittals under Chapter 1, Section 2 of these rules shall meet the following requirements;
(i) Existing CCR landfills that are permitted under Chapter 3 of these rules that do not have a lifetime permit and intend to continue disposal of CCR after the effective date of this Chapter, shall submit a permit renewal application under this Chapter no later than twelve months prior to the expiration date of the facility’s existing permit or twelve months after the effective date of this Chapter, whichever comes later, unless an alternate schedule is approved by the Administrator for good cause;
(ii) Existing CCR surface impoundments that are permitted by the Water Quality Division shall submit a new permit application under this Chapter within twelve months of the effective date of this rule unless an alternate schedule is approved by the Administrator for good cause, and;
(iii) Existing CCR landfill and surface impoundment permits that do not have a lifetime permit and intend to cease disposal of all waste before obtaining a lifetime permit, shall submit a closure permit application no later than twelve months prior to the expiration date of the facility’s existing permit or the date the facility is anticipated to cease disposal of CCR, whichever comes first, unless an alternate schedule is approved by the Administrator for good cause.
(c) Permit terms:
(i) Permits for new CCR units or existing CCR surface impoundments seeking a permit under this Chapter will be issued for the operating life of the facility through post-closure.
(ii) Renewal permits for CCR landfills will be issued for the operating life of the facility through post-closure.
(iii) Closure permits will be issued for a period that includes the time required to complete closure activities and a minimum thirty year post-closure term. The closure permit period will extend until the Administrator finds that facility closure is protective of human health and the environment consistent with the purposes of the Act. If, following receipt of documentation from the operator, the Administrator determines that all closure and post-closure activities have been completed and closure is protective of human health and the environment, the permit shall be terminated as specified in Chapter 1 of these rules.
(i) The permit application shall contain a completed permit application form and a written report demonstrating compliance with the applicable standards and criteria set forth in Sections 5 through 15 of this Chapter. Records and supporting documents such as well logs, maps, cross-sections, and monitoring reports should generally be included in the written report as appendices.
(ii) All permit application forms shall be completed in accordance with W.S. § 35-11-506 and signed by the operator, the landowner, and any real property lienholder of public record. Applications submitted by a municipality, state, federal or other public agency, shall be signed by the head of the agency or ranking elected official.
(iii) All permit applications shall be prepared under the supervision of a professional engineer licensed by the State of Wyoming. All permit application forms shall be stamped, signed and dated by a professional engineer. In addition, all portions of the permit application that require geological services or work shall be stamped, signed and dated by a professional geologist licensed by the State of Wyoming.
(e) Closure permit application requirement: Closure permit applications shall be submitted as required in Section 4(b)(iii) and shall meet the requirements of Section 10 of this Chapter.
(i) All amendments shall comply with the location, design and construction, operating, monitoring, and closure standards of the applicable chapters of these rules. No amendment shall be implemented by the operator without the prior written authorization of the Administrator.
(ii) The operator shall submit the proposed amendment in a format approved by the Administrator. Permit amendments may be proposed independently or in conjunction with a permit renewal or closure permit application.
(A) Minor permit amendments will be processed in accordance with Chapter 1, Section 3 of these rules.
(B) Major permit amendments will be processed in accordance with this section. The application for an amendment shall include a cover letter describing in detail the amendment sought. The application for amendment shall include revisions to the permit application sufficient to fully describe the proposed amendment including a revised table of contents and replacement text, plates, and drawings that are fully formatted and numbered for insertion into the permit application.
(I) The Administrator shall review major permit amendment applications for completeness in accordance with W.S. § 35-11-502(e) and (f). After the application is determined complete, the applicant shall give written notice of the application as required in Chapter 1, Section 2(c)(i) of these rules.
(II) The Administrator shall determine whether a proposed permit amendment complies with applicable standards and is suitable for publication under W.S. § 35-11-502(h). The applicant shall provide written notice of a proposed permit amendment as specified in Chapter 1, Section 2(c)(ii) of these rules.
(III) The Director shall render a decision on the major permit amendment in accordance with W.S. § 35-11-502(k) and (m).
Section 5. General Facility Information. All facilities shall demonstrate compliance with the following standards and criteria in the permit application:
(a) Operator: The name, address, and telephone number of the operator of the facility to whom the permit would be issued, and a listing of any administrative order, civil or administrative penalty assessment, bond forfeiture, misdemeanor or felony conviction, or court proceeding, for any violations of any local, state, or federal law relating to environmental quality or criminal racketeering, in which the applicant (including any partners in a partnership or executive officers in any corporation) has been or is currently a party.
(b) Manager: Position title, address, and telephone number of the environmental manager. A description of the environmental manager training and examination program to be used by the operator to ensure compliance with the requirements of this Chapter. The description shall include a specific listing of the training courses and the required frequency of attendance of each course by the environmental manager.
(c) Legal description: Legal description of the property to be used as a disposal facility. The complete legal description shall consist of a plat and legal description, monumented and signed by a Wyoming licensed land surveyor.
(d) Facility narrative: A brief summary narrative describing the disposal facility. The narrative should include the size and physical location of the facility; the operating history, the type of waste disposal activities that are planned including area fill, trench fill, surface impoundment, and special waste areas; the type, amount, and source of incoming waste; and the publicly accessible CCR website. The narrative should also describe facility access controls and restrictions and waste screening measures.
(e) Surface and mineral ownership: Information describing surface and mineral ownership of the facility and surface ownership of all lands within one mile of the facility boundary.
(f) Source of waste: The source of wastes, and the type, trade and common names, and quantity of waste received on a daily, weekly, or monthly basis that will be disposed at the facility.
(g) Facility capacity: Calculations for facility capacity and facility life that are based upon detailed engineering designs and grading plans.
(h) Potential to impact surface and groundwater quality: An evaluation of the facility’s potential to impact surface and groundwater quality based on the facility design and hydrogeologic information.
(i) Geologic, hydrologic, and hydrogeology information: The application shall include a summary description of available local geologic, hydrologic, and hydrogeologic information, including copies of all available well logs for wells located within one mile of the proposed and existing facility. This description shall include information on the depth to the uppermost groundwater, groundwater aquifer thickness and hydrologic properties, and the potentiometric surface. Supporting documentation such as well completion logs, geologic cross sections, soil boring lithologic logs, potentiometric surface maps, and soil or groundwater testing data should be supplied as an appendix.
Section 6. Location Standards. All facilities shall demonstrate compliance with the following applicable standards and criteria in the permit application:
(a) Placement above the uppermost aquifer: The criteria of 40 CFR 257.60 are incorporated by reference.
(b) Wetlands: The criteria of 40 CFR 257.61 are incorporated by reference.
(c) Fault areas: The criteria of 40 CFR 257.62 are incorporated by reference.
(d) Seismic impact zones: The criteria of 40 CFR 257.63 are incorporated by reference.
(e) Unstable areas: The criteria of 40 CFR 257.64 are incorporated by reference.
(f) New facilities: New CCR landfills and surface impoundments shall not be located in violation of W.S. § 35-11-502(c) or any of the following standards:
(i) Distance to other surface waters: CCR landfills and surface impoundments shall not be located within the ordinary high water mark of perennial rivers, streams, or creeks, except that surface impoundments not containing hazardous or toxic wastes may be located within the ordinary high water mark of intermittent rivers, streams, creeks, draws, coulees, or other natural drainages provided a by-pass ditch is installed capable of passing the 24-hour 100-year precipitation event. All other surface impoundments shall be protected from structural damage during the 100-year flood event;
(ii) Local zoning ordinances: CCR landfill and surface impoundment locations shall not be in conflict with local zoning ordinances or land use plans that have been adopted by a county commission or municipality;
(iii) Public park or recreation area: CCR landfills and surface impoundments shall not be located within 1,000 feet of any public park or recreation area unless the facility is screened from view by natural objects, plantings, fences or other appropriate means;
(iv) Wild and Scenic Rivers Act: CCR landfill and surface impoundment locations shall not diminish the scenic, recreational and fish and wildlife values for any section of river designated for protection under the Wild and Scenic Rivers Act, 16 U.S.C. 1271 et seq., and implementing regulations;
(v) National Historic Preservation Act: CCR landfills and surface impoundments shall not be located in areas where they may pose a threat to an irreplaceable historic or archeological site listed pursuant to the National Historic Preservation Act, 16 U.S.C. 470 et seq. and implementing regulations, or to a natural landmark designated by the National Park Service;
(vi) Big game winter range: CCR landfills and surface impoundments shall not be located within critical winter ranges for big game unless, after consultation with the Wyoming Game and Fish Department, the Administrator determines that facility development would not conflict with the conservation of Wyoming's wildlife resources;
(vii) Avalanche areas: CCR landfills and surface impoundments shall not be located in documented avalanche-prone areas;
(viii) Hydrogeologic conditions: CCR landfills and surface impoundments shall not be located in an area where the Administrator, after investigation by the applicant, finds that there is a reasonable probability that CCR disposal will have a detrimental effect on surface water or groundwater quality or where the Administrator determines it is not possible to effectively monitor existing groundwater; and (ix) Compliance with other standards: CCR landfills and surface impoundments that are also subject to regulation under Chapters 6 or 8 of these rules shall not be located in violation of the standards of those chapters.
Section 7. Design Criteria. All facilities shall demonstrate compliance with the following applicable standards and criteria in the permit application:
(a) Design criteria for new CCR landfills and any lateral expansion of a CCR landfill: The criteria of 40 CFR 257.70 are incorporated by reference.
(b) Liner design criteria for existing CCR surface impoundments: The criteria of 40 CFR 257.71 are incorporated by reference.
(c) Liner design criteria for new CCR surface impoundments and any lateral expansion of a CCR surface impoundment: The criteria of 40 CFR 257.72 are incorporated by reference.
(d) Structural integrity criteria for existing CCR surface impoundments: The criteria of 40 CFR 257.73 are incorporated by reference, with the exception of the phrase “not to exceed a height of six inches above the slope of the dike” in 40 CFR 257.73(a)(4) and (d)(1)(iv).
(e) Structural integrity criteria for new CCR surface impoundments and any lateral expansion of a CCR surface impoundment: The criteria of 40 CFR 257.74 are incorporated by reference, with the exception of the phrase “not to exceed a height of six inches above the slope of the dike” in 40 CFR 257.74(a)(4) and (d)(1)(iv).
(f) Design criteria: A detailed description of the facility design and construction standards including:
(i) Surveyed corners: All facility boundary corners shall be surveyed and marked with permanent survey caps.
(ii) Buffer zones: All facilities shall be designed and constructed with a buffer zone that is a minimum of twenty feet wide within the facility perimeter fence.
(iii) Cover material availability: An evaluation of the availability of cover material sufficient to properly operate the facility through the closure period.
(iv) Slope stability for excavations: Trench walls shall not exceed a ratio of 1.5:1 (horizontal:vertical) unless a slope stability analysis demonstrates steeper slopes can be safely constructed and maintained. This analysis may be based on site-specific soil stability calculations or Wyoming Occupational Safety and Health Administration regulations for excavations.
(v) Quality assurance/quality control: Facilities shall submit construction quality assurance/quality control plans that ensure adequate construction and testing of the containment system components.
Section 8. Operating Criteria. All facilities shall demonstrate compliance with the following applicable standards and criteria in the permit application:
(C) Attend any training course sponsored by the Department that the Administrator requires, to provide training on changes to state or federal solid waste rules or guidelines. For any such mandatory training course, the Administrator shall provide each operator with a minimum of forty-five days notice prior to the scheduled training course.
(ii) Copy of plan: The operator shall have a copy of the operating plan available at the facility when personnel are on-site.
(iii) Access restrictions: Facilities shall be fenced and equipped with a gate that can be locked unless the facility is located in a remote or industrial area that already has adequate access control features in place to meet the intent of this standard.
(iv) Burning: No open burning of solid waste is allowed, with the exception of infrequent burning of clean wood, tree trimmings, brush, agricultural wastes, silvicultural wastes, land clearing debris, diseased trees, or debris from emergency cleanup operations; this exception is valid only when the operator has obtained a permit from the Air Quality Division.
(v) Fire protection and other emergency protection measures: Facilities shall maintain, at a minimum, an unobstructed ten foot fire lane around all active CCR units or within the perimeter fence.
(vi) Hazardous waste: No CCR landfill or surface impoundment may accept regulated quantities of hazardous waste.
(vii) Waste screening: Facilities shall provide a description of waste screening measures used to prevent disposal of unauthorized wastes.
(viii) Waste analyses: Facilities shall provide, as requested by the Administrator, waste analyses including:
(A) A description of the physical condition of the waste;
(B) Chemical analyses of the total concentrations of waste constituents specified by the Administrator;
(C) Leachate analyses from the extraction procedure specified by the Administrator; and
(D) Analysis of hazardous waste characteristics.
Section 9. Groundwater Monitoring and Corrective Action. All facilities shall demonstrate compliance with the following applicable standards and criteria in the permit application:
(a) Applicability: The criteria of 40 CFR 257.90 are incorporated by reference with the exception of 40 CFR 257.90(g) and the following additions:
(i) The operator shall include the following additional information in its annual groundwater monitoring and corrective action report:
(A) A summary of facility operations and activities carried out during the last year including a revised schedule or timetable of facility operations and activities;
(B) A summary of anticipated permit amendments during the next year;
(C) The remaining usable CCR landfill and CCR surface impoundment capacity (in total cubic yards) excluding final cover;
(D) Quantity of waste managed during the last year and the method used to determine the amount;
(E) Quantity of CCR waste removed, recovered, or diverted for beneficial use and the method used to determine the amount;
(F) Electronic copies of all required monitoring data not already submitted following a sampling event, in a format specified by the Administrator. The Administrator may require paper copies of monitoring data, as well as supporting charts or maps that represent the data; and
(G) The Administrator may require reporting of additional information needed to demonstrate compliance with these rules.
(b) Groundwater monitoring systems: The criteria of 40 CFR 257.91 are incorporated by reference with the following additions:
(i) A description of the groundwater monitoring well location, design, construction, and development; and
(ii) A description of the groundwater sampling program including sampling frequency, test parameters, sampling procedures, test methods and quality control.
(c) Groundwater sampling and analysis requirements: The criteria of 40 CFR 257.93 are incorporated by reference with the following additions:
(i) If the operator is disposing of non-CCR industrial waste, the detection monitoring program may also include constituents identified in Chapter 3, Appendix A of these rules, as required by the Administrator;
(ii) If the operator is disposing of non-CCR industrial waste, the assessment monitoring program may include constituents identified in Chapter 3, Appendix B of these rules, as required by the Administrator; and
(iii) Constituents identified in Water Quality Rules, Chapter 8, Table 1 may be included as required by the Administrator for groundwater classification.
(d) Detection monitoring program: The criteria of 40 CFR 257.94 are incorporated by reference.
(e) Assessment monitoring program: The criteria of 40 CFR 257.95 are incorporated by reference with the exception of 40 CFR 257.95(h)(2) and the following additions:
(i) The owner or operator must request in writing that the Administrator establish a groundwater protection standard for any constituent required by the Administrator under (c)(i) or (ii) of this subsection that is not listed in 40 CFR part 257, Appendix III or IV. The Administrator shall establish groundwater protection standards for such constituents, which shall be:
(A) For constituents where a maximum contaminant level (MCL) has been promulgated, the MCL for that constituent;
(B) For constituents for which MCLs have not been promulgated, the background concentration; or
(C) For constituents for which the background level is higher than the MCL or any health-based level established under subsection (e)(ii), the background concentration.
(ii) The Administrator may establish an alternative groundwater protection standard for constituents for which MCLs have not been established. These groundwater protection standards shall be health-based levels. For constituents where a MCL does not exist, the alternative groundwater protection standard shall be the more stringent standard meeting the requirements of Water Quality Rules, Chapter 8, Table 1 based on groundwater class of use or the Drinking Water Equivalent Level as determined by the procedures found in the Storage Tank Rules Chapter 1, Section 39(e).
(f) Assessment of corrective measures: The criteria of 40 CFR 257.96 are incorporated by reference.
(g) Selection of remedy: The criteria of 40 CFR 257.97 are incorporated by reference.
(h) Implementation of the corrective action program: The criteria of 40 CFR 257.98 are incorporated by reference.
Section 10. Closure and Post-Closure Care. All facilities shall demonstrate compliance with the following applicable standards and criteria in the permit application:
(a) Inactive CCR surface impoundments: The criteria of 40 CFR 257.100 are incorporated by reference.
(b) Closure or retrofit of CCR units: The criteria of 40 CFR 257.101 are incorporated by reference.
(c) Criteria for conducting the closure or retrofit of CCR units: The criteria of 40 CFR 257.102 are incorporated by reference.
(d) Alternative closure requirements: The criteria of 40 CFR 257.103 are incorporated by reference.
(e) Post-closure care requirements: The criteria of 40 CFR 257.104 are incorporated by reference.
Section 11. Recordkeeping, Notification, and Posting of Information to the Internet. All facilities shall demonstrate compliance with the following applicable standards and criteria in the permit application:
(a) Recordkeeping requirements: The criteria of 40 CFR 257.105 are incorporated by reference, notwithstanding Chapter 1, Section 1(d) of these rules.
(b) Notification requirements: The criteria of 40 CFR 257.106 are incorporated by reference.
(c) Publicly accessible internet site requirements: The criteria of 40 CFR 257.107 are incorporated by reference with the following addition:
(i) Final determination on permit applications shall be placed to the owner or operator's CCR website within five days.
Section 12. Industrial Waste Standards.
Industrial waste standards: If disposing of non-CCR industrial waste, the permit application shall demonstrate compliance with the applicable requirements of Chapter 3 of these rules.
Section 13. Transfer, Treatment, and Storage Facility Standards.
Transfer, treatment, and storage facility standards: If applicable, the permit application shall demonstrate compliance with the requirements of Chapter 6 of these rules.
Section 14. Special Waste Standards.
Special waste standards: If applicable, the permit application shall demonstrate compliance with the requirements of Chapter 8 of these rules.
Section 15. Supporting Documentation/Appendices. All permit application appendices shall, at a minimum, include the information in this section:
(a) USGS topographic map: A USGS topographic map with a scale of 1:24,000 with the proposed facility location shown; an original USGS topographic map with a scale of 1:62,500 or other suitable topographic map may be submitted if a 1:24,000 map is unavailable.
(b) Map or aerial photograph of the area: A map or aerial photograph of the area shall be submitted showing land ownership, land use and zoning within one mile of the disposal facility. The map or photograph shall be of sufficient scale to show all city boundaries, each occupied dwelling house, schools, hospitals, industrial buildings, water wells, water courses, roads, and other applicable details.
(c) General facility plot plan: A general facility plot plan (map) with a scale and contour intervals approved by the Administrator shall be submitted. The general facility plot plan shall at a minimum illustrate the following features:
(d) Additional facility plot plans: Additional facility plot plans, at the same scale as the general facility plot plan, shall be submitted as necessary to show orderly development and use of the facility through the life of the facility. These plot plans shall at a minimum contain the following information:
(i) Excavation plans for development of CCR landfill and surface impoundment locations;
(ii) Development of temporary surface water diversion structures that may be necessary to adequately control surface water run-on and run-off;
(iii) Access to active waste disposal areas, including development of internal roads; and
(iv) Other details pertinent to the development and use of the facility.
(e) Map showing proposed final contours: A map showing proposed final contours prepared at the same scale and contour intervals as the general facility plot plan shall be submitted.
(f) Map of facility boundaries: If the CCR unit is included in a larger industrial property, a map shall be included that shows the facility boundaries in relation to the overall boundaries of the industrial property.
(g) Cross sections and drawing details: Cross sections and drawing details shall be submitted with sufficient specifications to describe:
(i) Systems used for monitoring, collection, treatment and disposal of leachate, if required;
(ii) Groundwater monitoring well design;
(iii) All components of engineered containment systems, including, but not limited to, liners, caps, berms, leachate collection systems, and leak detection systems, if applicable; and
(iv) Any other design details requested by the Administrator.