§ 272.2551 Wyoming State-Administered Program: Final Authorization.
(a) History of the State of Wyoming authorization. Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Wyoming has final authorization for the following elements as submitted to the EPA in Wyoming's base program application for final authorization which was approved by the EPA effective on October 18, 1995. Subsequent program revision applications were approved effective on August 6, 2001, August 23, 2016, and November 24, 2023.
(b) Enforcement authority. The State of Wyoming has primary responsibility for enforcing its hazardous waste management program. However, the EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable statutory and regulatory provisions, regardless of whether the State has taken its own actions, as well as in accordance with other statutory and regulatory provisions.
(c) State Statutes and Regulations—(1) Incorporation by reference. The Wyoming regulations cited in paragraph (c)(1)(i) of this section are incorporated by reference as part of the hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For the availability of this information at the National Archives and Records Administration (NARA) and at the EPA, see § 272.2. You may access copies of the Wyoming regulations that are incorporated by reference in this paragraph from the Wyoming Secretary of State's Office, Herschler Building East, 122 West 25th Street, Suite 100, Cheyenne, WY 82002-0020, (Phone: (307) 777-5847; website: https://rules.wyo.gov/).
(i) “EPA-Approved Wyoming Regulatory Requirements Applicable to the Hazardous Waste Management Program,” dated December 2022.
(ii) [Reserved]
(2) Legal basis. The following provisions provide the legal basis for the State's implementation of the hazardous waste program, but they are not being incorporated by reference and do not replace Federal authorities:
(i) Wyoming Statutes Annotated (W.S.), as amended, 2021 Edition, Title 16, City, County, State, and Local Powers: Chapter 1, Intergovernmental Cooperation, section 16-1-101; Chapter 3, Administrative Procedure, sections 16-3-101(b)(vi), 16-3-103(h), 16-3-107(k); Chapter 4, Uniform Municipal Fiscal Procedures, Public Records, Documents and Meetings, sections 16-4-201 through 16-4-205.
(ii) W.S., as amended, 2021 Edition, Title 35, Public Health and Safety: Chapter 11, Environmental Quality, Article 1, General Provisions, sections 35-11-102, 35-11-103(a), 35-11-103(d)(i), 35-11-103(d)(ii), 35-103(d)(vii), 35-11-104 through 35-11-106, 35-11-108 through 35-11-115; Article 5, Solid Waste Management, sections 35-11-501 through 35-11-503 (except 35-11-503(b) and (c)), 35-11-504 through 35-11-506, 35-11-508, 35-11-509, 35-11-514, 35-11-516, 35-11-518 through 35-11-520; Article 9, Penalties, sections 35-11-901(a), (j), and (k); Article 11, Miscellaneous Provisions, sections 35-11-1101, 35-11-1105(d), 35-11-1106(a)(iv); Article 16, Voluntary Remediation of Contaminated Sites, section 35-11-1607(e).
(iii) Wyoming Rules of Civil Procedure, as amended, Rule 24.
(iv) Wyoming Hazardous Waste Rules and Regulations, Chapter 1, General Provisions: sections 1(a) through (c); 2(a) (except (a)(1)), (d) and (e); 124 (except 124(g)(v)); 260(b)(ii); and 270(m) through 270(o).
(v) Wyoming Department of Environmental Quality, Rules of Practice and Procedure, as amended February 14, 1994, Chapter III.
(3) Related legal provisions. The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the authorized program, are not incorporated by reference and are not federally enforceable:
(i) W.S., as amended, 2021 Edition, Title 35, Public Health and Safety: Chapter 11, Environmental Quality, Article 5, Solid Waste Management, section 35-11-517; Chapter 12, Industrial Development and Siting, sections 35-12-101, et seq.
(ii) Wyoming Solid and Hazardous Waste Management Rules, Chapter 1, General Provisions: sections 264(d)(i) [with respect to the Wyoming Voluntary Remediation Program only]; 264(d)(ii); and 270(l).
(iii) [Reserved]
(4) Unauthorized State Amendments. Wyoming has adopted but is not authorized for the following Federal final rules:
(i) Imports and Exports of Hazardous Waste: Implementation of OECD Council Division (61 FR 16290, April 12, 1996) (HSWA—Not delegable to States); and
(ii) OECD Requirements; Export Shipments of Spent Lead Acid Batteries (75 FR 1236, January 8, 2010) (Non-HSWA—Not delegable to States).
(iii) Those Federal rules written under RCRA provisions that predate HSWA (non-HSWA) which the State has adopted, but for which it is not authorized, are not Federally enforceable. In contrast, the EPA will continue to enforce the Federal HSWA standards for which Wyoming is not authorized until the State receives specific authorization from the EPA.
(5) Memorandum of Agreement. The Memorandum of Agreement between the EPA Region 8 and the State of Wyoming, signed by the State of Wyoming Department of Environmental Quality on March 7, 2016, and by the EPA Regional Administrator on July 28, 2016, although not incorporated by reference, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(6) Statement of Legal Authority. “Independent Legal Counsel Statement”, accompanied by an Attorney General concurrence letter signed by the Attorney General of Wyoming on July 14, 1995, and revisions, supplements and addenda to that Statement accompanied by Attorney General concurrence letters dated December 9, 1997, May 11, 2015, and May 25, 2022, although not incorporated by reference, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(7) Program Description. The Program Description and any other materials submitted as supplements thereto, although not incorporated by reference, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
[88 FR 65625, Sept. 25, 2023]