Proposed Rule2025-16801
Wyoming: Approval of State Coal Combustion Residuals Permit Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 2, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) is proposing to approve the Wyoming coal combustion residuals (CCR) permit program under the Resource Conservation and Recovery Act (RCRA). After reviewing the CCR permit program application submitted by the Wyoming Department of Environmental Quality (WDEQ), EPA has preliminarily determined that Wyoming's CCR permit program meets the standard for partial approval under RCRA. If approved, Wyoming's CCR permit program will operate in lieu of the Federal CCR program with the exception of the specific provisions noted below. EPA is seeking comment on this proposal during a 60-day public comment period and will hold a hybrid in-person and online public hearing on EPA's preliminary approval of Wyoming's partial CCR permit program.
Full Text
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<title>Federal Register, Volume 90 Issue 167 (Tuesday, September 2, 2025)</title>
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[Federal Register Volume 90, Number 167 (Tuesday, September 2, 2025)]
[Proposed Rules]
[Pages 42347-42355]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16801]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 257
[EPA-HQ-OLEM-2025-0221; FRL-12768-01-OLEM]
Wyoming: Approval of State Coal Combustion Residuals Permit
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability; request for comments.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
proposing to approve the Wyoming coal combustion residuals (CCR) permit
program under the Resource Conservation and Recovery Act (RCRA). After
reviewing the CCR permit program application submitted by the Wyoming
Department of Environmental Quality (WDEQ), EPA has preliminarily
determined that Wyoming's CCR permit program meets the standard for
partial approval under RCRA. If approved, Wyoming's CCR permit program
will operate in lieu of the Federal CCR program with the exception of
the specific provisions noted below. EPA is seeking comment on this
proposal during a 60-day public comment period and will hold a hybrid
in-person and online public hearing on EPA's preliminary approval of
Wyoming's partial CCR permit program.
DATES: Comments due. Comments must be received on or before November 3,
2025. Public hearing: EPA will hold a hybrid in-person and online
public hearing on October 30, 2025.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2025-0221, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Land and Emergency Management (OLEM) Docket, Mail
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
<bullet> Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Michelle Lloyd, Office of Resource
Conservation and Recovery, Materials Recovery and Waste Management
Division, U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue NW, MC: 5304T, Washington, DC 20460; telephone number: (202)
566-0560; email address: <a href="/cdn-cgi/l/email-protection#4e222221372a6023272d262b22222b0e2b3e2f60292138"><span class="__cf_email__" data-cfemail="4c20202335286221252f24292020290c293c2d622b233a">[email protected]</span></a>. For more information
on this document please visit <a href="https://www.epa.gov/coalash">https://www.epa.gov/coalash</a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
A. Written Comments
B. Participation in Hybrid Public Hearing
II. General Information
A. Overview of Proposed Action
B. Background
C. Statutory Authority
III. The Wyoming Application
IV. EPA Analysis of the Wyoming Application
A. Adequacy of the Wyoming Permit Program
1. Guidelines for Permitting
2. Guidelines for Public Participation
3. Guidelines for Compliance Monitoring Authority
4. Guidelines for Enforcement Authority
5. Intervention in Civil Enforcement Proceedings
B. Adequacy of Technical Criteria
1. Wyoming CCR Units and Resources
2. Wyoming CCR Regulations
3. Wyoming Partial Program
V. Wyoming CCR Permits
VI. Proposed Action
List of Acronyms
CBI Confidential Business Information
CCR coal combustion residuals
CFR Code of Federal Regulations
EPA Environmental Protection Agency
MSWLF municipal solid waste landfill
MCL maximum contaminant level
NOV notice of violation
OLEM Office of Land and Emergency Management
RCRA Resource Conservation and Recovery Act
SHWD Solid and Hazardous Waste Division
STAG State and Tribal Assistance Grant
SWR Solid Waste Regulations
USWAG Utility Solid Waste Activities Group
WDEQ Wyoming Department of Environmental Quality
WIIN Water Infrastructure Improvements for the Nation
WS Wyoming Statute
I. Public Participation
A. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2025-
0221, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you consider to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
[[Page 42348]]
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
B. Participation in Hybrid Public Hearing
EPA will begin pre-registering speakers for the hybrid public
hearing upon publication of this document in the Federal Register. To
register to speak at the hearing, please use the online registration
form available on EPA's CCR website (<a href="https://www.epa.gov/coalash/us-state-wyoming-coal-combustion-residuals-permit-program">https://www.epa.gov/coalash/us-state-wyoming-coal-combustion-residuals-permit-program</a>) or contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
register to speak at the hearing. Both in-person and virtual hearing
attendees are requested to pre-register at the link provided above. The
last day to pre-register to speak at the hearing will be October 30,
2025.
EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearings to run either ahead of schedule or behind schedule.
Additionally, requests to speak will be taken the day of the hearing at
the hearing registration desk or via the Q&A functionality of the
online platform. EPA will make every effort to accommodate all speakers
who arrive and register, although preferences on speaking times may not
be able to be fulfilled.
Each commenter will have five (5) minutes to provide oral
testimony. EPA encourages commenters to provide EPA with a copy of
their oral testimony electronically by emailing it to the person listed
in the FOR FURTHER INFORMATION CONTACT section. EPA also recommends
submitting the text of your oral comments as written comments to the
rulemaking docket. If EPA is anticipating a high attendance, the time
allotment per testimony may be shortened to no shorter than three (3)
minutes per person to accommodate all those wishing to provide
testimony and who have pre-registered. While EPA will make every effort
to accommodate all speakers who do not preregister, opportunities to
speak may be limited based upon the number of pre-registered speakers.
Therefore, EPA strongly encourages anyone wishing to speak to
preregister. Participation in the public hearing does not preclude any
entity or individual from submitting a written comment.
EPA may ask clarifying questions during the oral presentations but
will not respond to the presentations at that time. Written statements
and supporting information submitted during the comment period will be
considered with the same weight as oral comments and supporting
information presented at the public hearing.
Please note that any updates made to any aspect of the hearing are
posted online at EPA's CCR website at <a href="https://www.epa.gov/coalash/us-state-wyoming-coal-combustion-residuals-permit-program">https://www.epa.gov/coalash/us-state-wyoming-coal-combustion-residuals-permit-program</a>. While EPA
expects the hearing to go forward as set forth above, please monitor
our website or contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to determine if there are any updates. EPA does not
intend to publish a document in the Federal Register announcing
updates.
If you require the services of an interpreter or special
accommodations such as audio transcription or closed captioning, please
pre-register for the hearing and describe your needs on the
registration form by October 16, 2025. Alternatively, registrants may
notify the person listed in the FOR FURTHER INFORMATION CONTACT section
of any special needs. EPA may not be able to arrange accommodations
without advance notice.
II. General Information
A. Overview of Proposed Action
On April 17, 2015, EPA published a final rule creating 40 CFR part
257, subpart D, which establishes a comprehensive set of minimum
Federal requirements for the disposal of CCR in landfills and surface
impoundments (80 FR 21302) (``Federal CCR regulations'').\1\ Section
2301 of the 2016 Water Infrastructure Improvements for the Nation
(WIIN) Act amended RCRA section 4005 to create a new subsection (d)
that requires EPA to establish a Federal CCR permitting program. See 42
U.S.C. 6945(d).
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\1\ Unless otherwise specified, all references to part 257 and
part 239 in this document are to title 40 of the Code of Federal
Regulations (CFR).
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As amended, RCRA section 4005(d) also allows States to seek
approval for a State CCR permit program that will operate in lieu of a
Federal CCR permit program in the State. The statute provides that
within 180 days after a State submits a complete application to the
Administrator for approval, EPA shall approve the State permit program
if the Administrator determines that the State program requires each
CCR unit located in the State to achieve compliance with either the
Federal requirements or other State requirements that EPA determines,
after consultation with the State, are at least as protective as those
included in the Federal CCR regulations. See 42 U.S.C. 6945(d)(1)(B).
On February 6, 2023, WDEQ submitted its State CCR permit program
application to EPA Region 8 requesting approval of the State's partial
CCR permit program.\2\ EPA is proposing to approve the Wyoming partial
CCR permit program pursuant to RCRA 4005(d)(1)(B). 42 U.S.C.
6945(d)(1)(B). The fact that Wyoming is seeking approval of a partial
program does not mean it must subsequently apply for full program
approval. However, Wyoming could apply for revised partial program
approval or full program approval at some point in the future if it
chooses to do so. If approved, the Wyoming CCR permit program will
operate in lieu of the Federal CCR program (codified at 40 CFR part
257, subpart D), with the exception of the provisions specifically
identified below for which the State is not seeking approval and for
which the corresponding provisions of the Federal CCR program would
remain in effect. For the approved provisions, EPA would retain its
inspection and enforcement authorities under RCRA sections 3007 and
3008, 42 U.S.C. 6927 and 6928, consistent with EPA's ongoing oversight
authority under RCRA. See 42 U.S.C. 6945(d)(4)(B).
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\2\ WDEQ 2023. Application For CCR Permit Program Approval.
Wyoming Department of Environmental Quality. February.
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EPA has also engaged Federally recognized Tribes within the State
of Wyoming in consultation and coordination regarding the program
determination. EPA established opportunities for an informational
session and consultation, beginning with EPA Region 8 sending a letter
to the Eastern Shoshone Tribe at Wind River Reservation and the
Northern Arapaho Tribe at Wind River Reservation. Tribal consultation
has been and will continue to be conducted in accordance with the EPA
policy on Consultation and Coordination with Indian Tribes (<a href="https://www.epa.gov/sites/production/files/2013-08/documents/cons-and-coord-with-indian-tribes-policy.pdf">https://www.epa.gov/sites/production/files/2013-08/documents/cons-and-coord-with-indian-tribes-policy.pdf</a>). Neither Tribe sought Tribal
consultation.
B. Background
CCR are generated from the combustion of coal, including solid
[[Page 42349]]
fuels classified as anthracite, bituminous coal, subbituminous coal,
and lignite, for the purpose of generating steam to power a generator
to produce electricity or electricity and other thermal energy by
electric utilities and independent power producers. CCR, commonly known
as coal ash, include fly ash, bottom ash, boiler slag, and flue gas
desulfurization materials. CCR can be sent offsite for disposal or
beneficial use or disposed of in on-site landfills or surface
impoundments. This section summarizes EPA's regulatory actions on CCR
to date to provide relevant background on this proposed approval of
Wyoming's partial CCR permit program.
On April 17, 2015, EPA published a final rule creating 40 CFR part
257, subpart D, which established a comprehensive set of minimum
Federal requirements for the disposal of CCR in landfills and surface
impoundments (80 FR 21302). The rule created a self-implementing
program that regulates the location, design, operating criteria, and
groundwater monitoring and corrective action for CCR units, as well as
the closure and post-closure care of CCR units. It also requires
recordkeeping and notifications for CCR units. EPA has since amended 40
CFR part 257, subpart D on August 5, 2016 (81 FR 51802), July 30, 2018
(83 FR 36435), August 28, 2020 (85 FR 53516), November 12, 2020 (85 FR
72506), May 8, 2024 (89 FR 38950), and November 8, 2024 (89 FR 88650).
More information on these rules is provided in the Technical Support
Document in the docket for this document.
C. Statutory Authority
EPA is issuing this proposed action pursuant to RCRA sections
4005(d) and 7004(b)(1). See 42 U.S.C. 6945(d) and 6974(b)(1). As
amended by section 2301 of the 2016 WIIN Act, RCRA section 4005(d)
instructs EPA to establish a Federal permit program similar to those
under RCRA subtitle C and other environmental statutes and authorizes
States to develop their own CCR permitting programs that go into effect
in lieu of the Federal permit program upon approval by EPA. See 42
U.S.C. 6945(d).
Under RCRA section 4005(d)(1)(A), 42 U.S.C. 6945(d)(1)(A), States
seeking approval of a State CCR program must submit to the
Administrator ``in such form as the Administrator may establish,
evidence of a permit program or other system of prior approval and
conditions under state law for regulation by the State of coal
combustion residuals units that are located in the state.'' The statute
provides that EPA shall approve a State CCR permit program if the
Administrator determines that the State program will require each CCR
unit located in the State to achieve compliance with either: (1) The
Federal CCR requirements at 40 CFR part 257, subpart D; or (2) Other
State criteria that the Administrator, after consultation with the
State, determines to be ``at least as protective as'' the Federal
requirements. 42 U.S.C. 6945(d)(1)(B). The Administrator must make a
final determination, after providing for public notice and an
opportunity for public comment, within 180 days of receiving a State's
complete submittal of the information specified in RCRA section
4005(d)(1)(A). 42 U.S.C. 6945(d)(1)(B). EPA may approve a State CCR
permit program in whole or in part. Id. Once approved, the State permit
program operates in lieu of the Federal requirements. 42 U.S.C.
6945(d)(1)(A). In a State with a partial program, only the State
requirements that have been approved by EPA operate in lieu of the
Federal requirements, and facilities remain responsible for compliance
with all remaining Federal requirements in 40 CFR part 257.
As noted above, the Federal CCR regulations are self-implementing,
meaning that CCR landfills and surface impoundments must comply with
the terms of the regulations prior to obtaining a Federal permit or a
permit issued by an approved State. Noncompliance with the Federal CCR
regulations can be the subject of an enforcement action brought
directly against the facility. Once a final CCR permit is issued by an
approved State or pursuant to a Federal CCR permit program, however,
the terms of the permit apply in lieu of the terms of the Federal CCR
regulations and/or requirements in an approved State program, and RCRA
section 4005(d)(3) provides a permit shield against direct enforcement
of the applicable Federal or State CCR regulations (meaning the
permit's terms become the enforceable requirements for the
permittee).\3\
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\3\ USEPA 2017. Coal Combustion Residuals State Permit Program
Guidance Document; Interim Final. Office of Land and Emergency
Management, Washington, DC 20460. August. (providing that the 180-
day deadline does not start until EPA determines the application is
complete).
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RCRA section 7004(b), which applies to all RCRA programs, directs
that ``public participation in the development, revision,
implementation, and enforcement of any . . . program under this chapter
shall be provided for, encouraged, and assisted by the Administrator
and the States.'' 42 U.S.C. 6974(b)(1). Accordingly, EPA considers
permitting requirements, requirements for compliance monitoring
authority, requirements for enforcement authority, and requirements for
intervention in civil enforcement proceedings in evaluating State CCR
permit program applications.
Once a State CCR permit program is approved, the Administrator must
review the approved program no less frequently than every 12 years, no
later than three years after a revision to an applicable section of 40
CFR part 257, subpart D, and no later than one year after any
unauthorized significant release from a CCR unit located in the State.
EPA also must review an approved State CCR permit program at the
request of another State alleging that the soil, groundwater, or
surface water of the requesting State is or is likely to be adversely
affected by a release from a CCR unit in the approved State. See 42
U.S.C. 6945(d)(1)(D)(i)(I) through (IV).
In a State with an approved State CCR permit program, EPA may
commence administrative or judicial enforcement actions under RCRA
section 3008, 42 U.S.C. 6928, if the State requests assistance or if
EPA determines that an EPA enforcement action is likely to be necessary
to ensure that a CCR unit is operating in accordance with the criteria
of the State's permit program. 42 U.S.C. 6945(d)(4). EPA can enforce
any Federal requirements that remain in effect (i.e., those for which
there is no corresponding approved State provision). EPA may also
exercise its inspection and information gathering authorities under
RCRA section 3007 in a State with an approved program. 42 U.S.C. 6927.
III. The Wyoming Application
EPA began working with WDEQ in September 2019 as the State
developed its application for the State's partial CCR permit
program.\4\ As it has with other States, EPA discussed with WDEQ the
process for EPA to review and approve the State's CCR permit program,
WDEQ's anticipated timeline for submitting a CCR permit program
application to EPA, and WDEQ's regulations for issuing permits. On
February 6, 2023, WDEQ submitted its CCR permit program application to
EPA Region 8 requesting approval of the State's partial CCR permit
program.
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\4\ A summary of the meetings with, and emails shared between,
EPA and WDEQ is included in the Technical Support Document. Records
of these interactions are included in the docket for this action.
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EPA reviewed WDEQ's submission and, on March 27, 2023, sent a
letter acknowledging receipt of the
[[Page 42350]]
application and clarifying the statutory 180-day review period for a
final determination of adequacy.\5\ After reviewing the application in
more detail, on December 5, 2023, EPA sent a letter stating that the
formal review period had not yet begun; discussing further information
that would strengthen the application; and discussing the State
interpretation of the regulatory performance standards.\6\ On January
29, 2024, WDEQ sent a letter to EPA asserting that EPA's review period
had expired, discussing the State's interpretation of the scope of
EPA's review of the State CCR permit program application, and
responding to EPA's questions from the December 2023 letter.\7\ After
further discussions between EPA and WDEQ, on May 16, 2025, EPA sent to
WDEQ additional clarification questions to supplement its application.
On June 20, 2025, WDEQ responded to EPA's questions.\8\
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\5\ USEPA 2023a. Letter from Carolyn Hoskinson, Director, EPA
Office of Resource Conservation and Recovery, to Mr. Todd Parfitt,
Director, Wyoming Department of Environmental Quality. March.
\6\ USEPA 2023b. Letter from Barry Breen, Principal Deputy
Assistant Administrator for the EPA Office of Land and Emergency
Management to Mr. Todd Parfitt, Director, Wyoming Department of
Environmental Quality. December.
\7\ WDEQ 2024. Letter from Todd Parfitt, Director, Wyoming
Department of Environmental Quality to Barry Breen, Principal Deputy
Assistant Administrator for the EPA Office of Land and Emergency
Management. RE: EPA's Comments on State of Wyoming--Coal Combustion
Residuals Permit Program Application EPA. January.
\8\ WDEQ 2025. Letter from Todd Parfitt, Director, Wyoming
Department of Environmental Quality to Rick Buhl, Director, Land,
Chemicals, And Redevelopment Division, US Environmental Protection
Agency--Region 8. RE: EPA's May 16, 2025, Questions on Wyoming's CCR
Permit Program Application. June.
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IV. EPA Analysis of the Wyoming Application
RCRA section 4005(d) requires EPA to evaluate two components of a
State CCR permitting program to determine whether it meets the standard
for approval: the program itself, and the technical criteria that will
be included in each permit issued under the State program. This section
discusses EPA's review of both requirements under RCRA section 4005(d)
and the criteria EPA uses to conduct this review.
First, EPA must evaluate the permit program itself (or other system
of prior approval and conditions). See 42 U.S.C. 6945(d)(1)(A) through
(B). RCRA section 4005(d)(1)(A) directs the State to provide evidence
of a State permit program's compliance with RCRA requirements in such
form as determined by the Administrator. In turn, RCRA section
4005(d)(1)(B) directs EPA to approve the State program based upon a
determination that the program ``requires each coal combustion
residuals unit located in the state to achieve compliance with the
applicable [Federal or State] criteria.'' In other words, the statute
directs EPA to determine that the State has sufficient authority to
require compliance at all CCR units located within the State. See also
42 U.S.C. 6945(d)(1)(D)(ii)(I). To make this determination, EPA
evaluates the State's authority to issue permits and impose conditions
in those permits, as well as the State's authority to conduct
compliance monitoring and enforcement.
During this review of the State permit program, EPA also determines
whether the program contains procedures consistent with the public
participation directive in RCRA section 7004(b). RCRA section 7004(b),
which applies to all RCRA programs, directs that ``public participation
in the development, revision, implementation, and enforcement of any .
. . program under this chapter shall be provided for, encouraged, and
assisted by the Administrator and the States.'' 42 U.S.C. 6974(b)(1).
To make this determination, EPA evaluates the State's public
participation procedures for issuing permits and for intervention in
civil enforcement proceedings.
Although 40 CFR part 239 applies to the approval of State Municipal
Solid Waste Landfill (MSWLF) programs under RCRA section 4005(c)(1)
rather than EPA's evaluation of CCR permit programs under RCRA section
4005(d), the specific criteria outlined in that regulation provide a
helpful framework to examine the relevant aspects of a State's CCR
permit program. States are familiar with these criteria because all
States have MSWLF programs that have been approved pursuant to these
regulations, and the regulations are generally regarded as protective
and appropriate.
Consequently, EPA relied on the four categories of criteria
outlined in 40 CFR part 239 as guidelines to evaluate the Wyoming CCR
permit program: permitting requirements, requirements for compliance
monitoring authority, requirements for enforcement authority, and
requirements for intervention in civil enforcement proceedings.
Second, EPA must evaluate the technical criteria that will be
included in each permit issued under the State CCR permit program to
determine whether they are the same as the Federal criteria, or to the
extent they differ, whether the modified criteria are ``at least as
protective as'' the Federal requirements. See 42 U.S.C. 6945(d)(1)(B).
Only if both components meet the statutory requirements may EPA approve
the program. See 42 U.S.C. 6945(d)(1). EPA makes this determination by
comparing the State's technical criteria to the corresponding Federal
criteria and, where necessary, evaluating whether different State
criteria are at least as protective as the Federal criteria.
Upon careful review, and as discussed in more detail below, EPA has
preliminarily determined that Wyoming's partial CCR permit program
includes all the elements of an adequate State CCR permit program. It
also contains all the technical criteria in 40 CFR part 257, subpart D,
except for the provisions specifically discussed below that Wyoming has
not included in its partial CCR permit program. Consequently, EPA is
proposing to approve the entirety of Wyoming's partial CCR permit
program application. The State's CCR permit program does not encompass
the full scope of Federal CCR requirements as presently constituted,
and the provisions of the Federal CCR regulations that are not part of
Wyoming's approved CCR permit program will remain directly applicable
to affected CCR units. 42 U.S.C. 6945(d)(1)(B).
EPA's full analysis of the Wyoming CCR permit program, and how the
Wyoming regulations differ from the Federal requirements, can be found
in the Technical Support Document. EPA determined that the Wyoming CCR
permit program application was complete and notified Wyoming of its
determination by letter.\9\
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\9\ The Wyoming application, EPA's completeness determination
letter, and the Technical Support Document are available in the
docket supporting this action.
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A. Adequacy of the Wyoming Permit Program
Section 4005(d)(1)(A) of RCRA, 42 U.S.C. 6945(d)(1)(A), requires a
State seeking State CCR permit program approval to submit to EPA, ``in
such form as the Administrator may establish, evidence of a permit
program or other system of prior approval and conditions under State
law for regulation by the State of coal combustion residuals units that
are located in the State.'' Although the statute directs EPA to
establish the form of such evidence, the statute does not require EPA
to promulgate regulations governing the process or standard for
determining the adequacy of such State programs. EPA, therefore,
developed the Coal Combustion Residuals State Permit Program Guidance
Document; Interim Final (82 FR 38685, August 15, 2017)
[[Page 42351]]
(the ``Guidance Document''). The Guidance Document provides
recommendations on a process and standards that States may choose to
use to apply for EPA approval of its CCR permit programs, based on the
standards in RCRA section 4005(d), existing regulations at 40 CFR part
239, and the Agency's experience in reviewing and approving State
programs.
EPA evaluated the Wyoming CCR permit program using the process and
statutory and regulatory standards discussed in sections II.C. and
IV.A. of this preamble. EPA's findings are summarized below and
provided in more detail in the Technical Support Document located in
the docket supporting this proposed determination.
1. Guidelines for Permitting
In EPA's judgment, an adequate State CCR permit program must ensure
that: (1) Existing and new facilities are permitted or otherwise
approved and in compliance with either 40 CFR part 257 or other State
criteria; (2) The State has the authority to collect all information
necessary to issue permits that are adequate to ensure compliance with
relevant 40 CFR part 257, subpart D requirements; and (3) The State has
the authority to impose requirements for CCR units adequate to ensure
compliance with either 40 CFR part 257, subpart D, or such other State
criteria that have been determined and approved by the Administrator to
be at least as protective as 40 CFR part 257, subpart D.
The permitting process in Wyoming involves three entities: (1)
WDEQ; (2) The Solid and Hazardous Waste Division (SHWD) within WDEQ;
and (3) The Environmental Quality Council (Council), an independent
body whose members are appointed by the Governor. For a more detailed
description, see section 5.0 of the Narrative Statement.
a. Permit Required
All owners and operators of existing and new CCR facilities in
Wyoming are required to comply with State CCR rules found at Wyoming
Administrative Rules, Environmental Quality, Solid Waste Rules (SWR)
chapter 18, and to obtain a permit in accordance with Wyoming Statutes
(WS) section 35-11-502 and SWR chapters 1 and 18. Wyoming law requires
every person who treats or transports solid waste or operates a solid
waste management unit or facility, including CCR units, to have a valid
permit issued by WDEQ. WS section 35-11-502(a); SWR chapter 1, section
1(c), chapter 18, section 4(a). Permit application requirements can be
found in SWR chapter 1, section 2, and chapter 18, section 4(d).
b. Permitting Authority
WDEQ has the authority to collect all information necessary to
issue permits that are adequate to ensure compliance with SWR chapter
18. WS section 35-11-109. In addition, SWR chapter 18, section 4(d)
specifies the information that applicants for a solid waste permit,
including a CCR unit permit, are required to submit to show compliance
with the SWR.
c. Permit Requirements and Permitting Process
Existing CCR landfills must submit a permit renewal application no
later than 12 months prior to the expiration date of the facility's
existing solid waste permit. SWR chapter 18, section 4(d). Existing CCR
surface impoundments must submit a new permit application within 12
months of the effective date of the State rule. Owners and operators of
existing CCR landfills and surface impoundments that intend to cease
disposal of all waste before obtaining a permit through the post-
closure care period shall submit a closure permit application within 12
months prior to the expiration date of the facility's existing permit
or the date the facility anticipates to cease disposal of CCR,
whichever comes first. An alternate schedule to submit a new
application, renewal application or closure permit application may be
approved by the SHWD for good cause. SWR chapter 18, section 4(b).
Applications for renewal permits and closure permits are subject to
the application procedures set forth in WS section 35-11-502 and SWR
chapter 1, section 2(a), (b), and (c) and must follow the procedures
and provisions of SWR chapter 1, section 2(d) and (e) respectively. CCR
permits may be transferred from one operator to a new operator with
written approval from WDEQ SHWD's Solid Waste Permitting and Corrective
Action (SWPCA) Program Director (Director) in accordance with SWR
chapter 1, section 3(d).
The permit duration for new or existing CCR surface impoundments
and CCR landfills renewal permits will be for the operating life of the
facility through post-closure, and closure permits will be issued for a
period that includes the time required to complete closure activities
and a minimum 30-year post-closure term. SWR chapter 18, section 4(c).
Within sixty days after a permit application has been submitted,
WDEQ must notify the applicant whether or not the application is
complete. WS section 35-11-502(e). Once WDEQ determines that an
application is complete, WDEQ issues a letter of completeness and
initiates a technical review of the permit application. At that time,
the applicant must conduct a public notice and initiate a 30-day public
comment period for the complete application, as described below. WS
section 35-11-502(g), (h); SWR chapter 18, section 4. WDEQ must
complete the technical review of the application within 90 days. During
technical review of the application, WDEQ considers public comments
submitted during the public comment period for the complete
application. SWR chapter 18, section 2(c)(i)(C). Within WDEQ, the SHWD
manages and implements the Wyoming CCR permit program. The SHWD may opt
to conduct a public hearing on the application. SWR chapter 18 section
2(c)(i)(D).
Once the SHWD completes technical review of the application, it may
make one of three determinations: (1) The permit application is
technically inadequate; (2) The permit application is technically
adequate, and a proposed permit is suitable for publication; or (3) The
permit application is denied. WDEQ may modify, suspend, revoke, or deny
a permit if: (1) Permit issuance would not meet the provisions of the
Wyoming Environmental Quality Act, WS section 35-11-101 et seq. (the
Act) or regulations; (2) The applicant fails to submit the required
information; (3) The facility has a history of noncompliance; (4) The
applicant indicates the facility would not comply with provisions of
the regulations or misrepresents actual site conditions; (5) The
applicant fails to employ a qualified solid waste manager; or (6) The
applicant, or any partners, executive officers, or corporate directors
has been found liable of violating environmental quality laws or
criminal racketeering laws or regulations which constitute evidence
that the applicant cannot be relied upon to conduct the operations
described in the permit application in compliance with the Act or
regulations. SWR chapter 1, section 4.
Provisions for amending permits for solid waste handling facilities
are in SWR chapter 18, section 4(f). SWR chapter 18, section 3(c)
specifies those changes to a permit that qualify as major amendments
and which are minor amendments. Major amendments to permits may be
requested by the Permittee and are reviewed and processed by the SHWD
in accordance with the procedures for new or renewal permits described
above. Minor amendments to permits may be completed through written
notice and
[[Page 42352]]
approval by the SHWD within 60 days. SWR chapter 18, section 3(c). A
written notice of a minor amendment to a permit can be determined to be
deficient, approved, or denied. Permittees can provide additional
information to the SHWD in response to any deficiency notice.
EPA has preliminarily determined that the Wyoming approach to CCR
permit applications and approvals is adequate, and that this aspect of
the Wyoming CCR permit program meets the standard for program approval.
2. Guidelines for Public Participation
Based on RCRA section 7004, 42 U.S.C. 6974, it is EPA's judgment
that an adequate State CCR permit program will ensure that: (1)
Documents for permit determinations are made available for public
review and comment; (2) Final determinations on permit applications are
made known to the public; and (3) Public comments on permit
determinations are considered and significant comments are responded to
in the permit record. EPA's review of Wyoming's CCR permit program
indicates that the State has adopted public participation procedures
that allow interested parties to talk openly and frankly about permit
issues and search for mutually agreeable solutions to differences in
views. An overview of Wyoming's public participation provisions is
provided below.
a. Public Notice
The State program provides public notice in several ways and at
several different stages of the permitting process, which taken
together ensure that documents for permit determinations are subject to
public review and comment. WDEQ requires State CCR permit applicants to
provide notice to the public. Once WDEQ determines that an application
is complete, WDEQ issues a letter of completeness and initiates a
technical review of the permit application. At this time, the applicant
must conduct a public notice and initiate a 30-day public comment
period for the complete application. WS section 35-11-502(g), (h); SWR
chapter 18, section 4. The public notice must provide specific
information about the facility, including its proposed size and
location; the types of waste to be managed; methods that will be used
to manage the waste; and the operating life of the unit. WDEQ must
complete technical review of the application within 90 days. During
technical review of the application, WDEQ considers public comments
submitted during the public comment period for the complete
application. SWR chapter 18, section 2(c)(i)(C). The SHWD may opt to
conduct a public hearing on the application. SWR chapter 18 section
2(c)(i)(D). Permit renewals are subject to the same public notice and
comment requirements as new permit applications and are therefore
subject to two, 30-day public comment periods with options to hold a
public hearing for each.
b. Public Comment Period
All applicants for solid waste permits that submit a new, renewal,
closure or major amendment permit application are required to complete
two public comment periods during the permitting process. The first
public comment period occurs after the SHWD deems the permit
application complete, and the second occurs when the SHWD deems the
permit application technically adequate and issues a proposed permit in
accordance with WS section 35-11-502, SWR chapter 1, section 2(c), and
SWR chapter 18 section 4(f). Public notice for the complete application
and for the proposed permit must contain information about the permit
application including the applicant; the proposed facility location and
size; the waste types intended for management; the method of waste
management; and the operating life of the unit. Public notices must
also contain information on how to obtain special assistance or
alternate formats of a notice for individuals with disabilities and
inform the reader to visit WDEQ's website for a Spanish translation.
The applicant is required to publish each written notice once a
week for two consecutive weeks in a newspaper of general circulation
within the county where the applicant plans to locate the facility or
where an existing facility is currently located, for each public
comment period. WS section 35-11-502 (g through k) and SWR chapter 18
section 2. Each public comment period begins on the first day of the
notice publication and continues until 30 days after the second
publication. The applicant is required to give written notice of the
permit application to landowners with property located within one-half
mile of the site, the mayor of each city or town within 50 miles of the
site, the Local County Commission, any solid waste district located in
the county, and the Solid Waste Permitting and Corrective Action
Program Interested Parties Mailing List (hard copy). The written notice
is also posted to WDEQ's Public Notice website.
Permit applications and review documents are available for public
review at any WDEQ office and can be sent digitally upon request.
Specific information on how to request access to permit documents is
found in Wyoming's CCR permit program narrative Section 7.0 Public
Participation (Page 14), Appendix G Public Notice Templates, SWR
chapter 1 section 2(c), and WS section 35-11-502. Additionally, the
public can contact the WDEQ and request to be added to a listserv or
mailing list (Interested Parties Mailing List). Written comments on
permit applications are accepted by mail, fax, and through WDEQ's
digital comment portal. If a commenter has technical difficulties with
the digital comment portal, the portal website has instructions for
obtaining assistance.
Public comments received by WDEQ during the first public comment
period for the complete application are considered by WDEQ in drafting
a proposed permit. If substantial written comments, including
objections to a proposed permit, are filed during the public comment
period for the proposed permit, a public hearing shall be held by the
Council within twenty days after the end of the public comment period.
WS section 35-11-502(k). The Director shall render a decision on the
proposed permit within 30 days after completion of the public comment
period if no hearing is requested. If a hearing is held, the Director
will issue or deny the permit no later than 15 days from receipt of any
findings of fact and decision of the Council. WS section 35-11-502(k)
and (m).
All comments received are considered and WDEQ provides a response
to each commenter prior to making a final permit determination. In
addition to providing responses to individual commenters, all files in
WDEQ are available for the public to review unless they are found to be
confidential under WS section 35-11-1101 or otherwise protected under
the Wyoming Public Records Act. The public can submit a record request
using the WDEQ website. The public can also request to view documents
at any of WDEQ's offices.
Final permit determinations are required to be added to the owner
or operator's CCR website within five days of the owner or operator's
receipt of the determination. SWR chapter 18, section 11(c)(i).
Documents produced and distributed as part of the permitting process
are maintained by WDEQ as a public record in accordance with Wyoming
Public Records Act and must be made available to the public
accordingly. Public comments are subject to the Wyoming Public Records
Act and maintained by WDEQ.
[[Page 42353]]
c. Challenges to Permit Decisions
In accordance with WS section 35-11-502(k), any interested person
has the right to file written objections to the proposed permit with
the Director within 30 days after the last publication of the written
notice given for the proposed permit. If substantial written objections
are filed, the Wyoming Environmental Council (Council) holds a public
hearing. WS section 35-11-502(k). To notify the public of a pending
hearing, the Council must publish written notice of the time, date, and
location of the public hearing in a newspaper of general circulation in
the county where the facility would be located once a week for two
consecutive weeks immediately prior to the hearing. The public hearing
is to be conducted as a contested case under the Wyoming Administrative
Procedure Act (WY APA). WS 16-3-107 through 16-3-112. Judicial review
can be obtained pursuant to the WY APA. WS 16-3-114.
If a public hearing is held, the Council shall issue findings of
fact and a decision on the proposed permit within 30 days afterward.
WDEQ shall issue or deny the permit within 15 days after receiving
findings of fact and decision of the Council. WS section 35-11-502(m)
WS section 35-11-1001 provides that any aggrieved party under the
Act 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 WY APA. Any interested person has the
right to file written objections to a proposed permit with the Director
within 30 days after the last publication of the public notice for the
public comment period for the permit. If substantial written objections
are filed, a public hearing shall be held by the Council. WS section
35-11-112 charges the Council to act as the hearing examiner for WDEQ
in any case contesting the grant, denial, suspension, revocation or
renewal of any permit required by the Act. The hearing shall be
conducted as a contested case in accordance with WY APA, WS sections
16-3-101 et seq.
The WY APA provides that any person aggrieved or adversely affected
in fact by a final decision of an agency in a contested case, or by any
other agency action or inaction, is entitled to judicial review. WS
section 16-3-114.
EPA has preliminarily determined that the Wyoming approach to
public participation requirements provides adequate opportunities for
public participation in the permitting process sufficient to meet the
standard for program approval. The provisions described above meet the
three criteria listed at the beginning of this section by providing
several means by which documents for draft and final permit
determinations are made available for public review and comment, as
well as ensuring that public comments on permit determinations are
considered and significant comments are responded to in the permit
record.
3. Guidelines for Compliance Monitoring Authority
An adequate permit program must provide the State with the
authority to gather information about compliance, perform inspections,
and ensure that the information it gathers is suitable for enforcement.
WDEQ has authority under WS section 35-11-109 to obtain any necessary
documents and to conduct monitoring and testing to determine if an
owner or operator of a CCR unit is in compliance with the permit and
applicable regulations.
The Director or designated officers, employees, or representatives
of WDEQ are also granted the authority under WS section 35-11-109 to
conduct inspections of facilities, to inspect and copy any records, and
to inspect any monitoring equipment or method of operation required to
be maintained pursuant to the Act. Further, the application for a CCR
unit includes an access agreement authorizing WDEQ to enter an
operator's premises where a regulated facility or activity is located
or conducted, or where records are kept, to perform inspections and to
collect data for the purposes of ensuring compliance or as otherwise
authorized by the appropriate rules and regulations of WDEQ. No permit
shall be issued unless the owner of the facility provides the written
authorization. SWR chapter 1, section 1(g).
In addition, the information that WDEQ collects or obtains during
inspections, compliance monitoring, and enforcement, allows the State
to verify the accuracy of information submitted by owners or operators
of CCR units; verify the adequacy of methods (including sampling) used
by owners or operators in developing that information; and produce
evidence admissible in an enforcement proceeding. WS section 35-11-109.
Accordingly, EPA has preliminarily determined that these compliance
monitoring authorities are adequate, and that this aspect of the
Wyoming CCR permit program meets the standard for program approval.
4. Guidelines for Enforcement Authority
An adequate State CCR permit program must provide the State with
adequate enforcement authority to administer its State CCR permit
program, including the authority to: (1) Restrain any person from
engaging in activity which may damage human health or the environment,
(2) Sue to enjoin prohibited activity, and (3) Sue to recover civil
penalties for prohibited activity.
WS section 35-11-701 authorizes the Director to issue an order
requiring the cessation and desistance of violations of the Act, rules,
regulations, standards, permits, licenses or variances under the Act.
In addition, if the Director has evidence that any pollution source
presents an immediate and substantial danger to human or environmental
health or safety, the Director may institute, through the Wyoming
Attorney General, a civil action for immediate injunctive relief to
halt any activity causing the danger. WS section 35-11-115(a). Further,
WS section 35-11-109(a)(i) grants WDEQ wide-ranging authority to
perform acts necessary to enforce the provisions of the Act and any
rules, regulations, orders, or permits established or issued
thereunder, and WS section 35-11-109(a)(vii) grants the Director wide
latitude to prepare and present enforcement cases before the Council
for violations of the Act or regulations promulgated under the Act.
When compliance with the Act or the regulations applicable to CCR
units, SWR chapter 18, is not achieved, WDEQ is authorized under the
Act to engage in voluntary stipulated settlement or to initiate a civil
enforcement action in Wyoming District Court.
Finally, under WS section 35-11-901(a), the Director can bring an
administrative action for the assessment of civil penalties in Wyoming
District Court against any person who violates, or any director,
officer or agent of a corporate permittee who willfully and knowingly
authorizes, orders or carries out the violation of any provision of the
Act, or any rule, regulation, standard, or permit adopted thereunder or
who violates any determination or order of the Council pursuant to the
Act or any rule, regulation, standard, permit, license, or variance.
Such violations are subject to a penalty not to exceed $10,000.00 for
each violation for each day during which a violation continues; a
temporary or permanent injunction; or both a penalty and an injunction.
WS section 35-11-901(a).
Based on the foregoing, EPA has preliminarily determined that this
aspect of the Wyoming CCR permit
[[Page 42354]]
program meets the standard for program approval.
5. Intervention in Civil Enforcement Proceedings
Based on RCRA section 7004, an adequate CCR State permit program
must provide an opportunity for citizen intervention in civil
enforcement proceedings. Specifically, the State must either: (1)
Provide for citizen intervention as a matter of right; or (2) Have in
place a process to: (a) Provide notice and opportunity for public
involvement in civil enforcement actions, (b) Investigate and provide
responses to citizen complaints about violations, and (c) Not oppose
citizen intervention when permissive intervention is allowed by
statute, rule, or regulation.
WS section 35-11-904(c)(ii) provides that any person may intervene
as a matter of right when WDEQ, through the attorney general, has
commenced a civil action to require compliance with the provisions of
the Act, or any rule, regulation, order or permit issued pursuant to
the Act. Additionally, WDEQ has the authority under WS 35-11-701(a) to
investigate citizen complaints concerning violations.
Inasmuch as the State explicitly provides for citizen intervention
in civil enforcement proceedings as a matter of right, EPA has
preliminarily determined that these authorities provide for an adequate
level of citizen involvement in the enforcement process, and that this
aspect of the Wyoming CCR permit program meets the standard for program
approval.
B. Adequacy of Technical Criteria
EPA conducted an analysis of the Wyoming CCR permit program
application, including a thorough analysis of Wyoming statutory
authorities for the CCR program, as well as its regulations at Solid
Waste Rules chapter 18: Disposal of Coal Combustion Residuals in
Landfills and Surface Impoundments. As noted above, Wyoming has
requested approval of a partial CCR permit program.
1. Wyoming CCR Units and Resources
WDEQ has identified 19 disposal units that are currently or have
been used for disposal of CCR wastes (3 landfills and 16 surface
impoundments) at 4 facilities in Wyoming.\10\ WDEQ has demonstrated
that it has the personnel to administer a permit program that is at
least as protective as the Federal requirements.\11\ The WDEQ SHWD is
the lead program for permitting, compliance, and enforcement of CCR
units. The WDEQ CCR Program is funded through the State budget process.
The WDEQ budget is approved by the Wyoming State Legislature as
identified in the Wyoming State Budget. In addition, WDEQ applied for
EPA State and Tribal Assistance Grants (STAG) funding for Fiscal Years
2021 through 2023. In total, WDEQ has received $571,396 in funding to
develop its CCR permit program. If EPA receives future appropriations,
WDEQ can continue to apply for funds for implementation of its CCR
permit program. EPA has preliminarily determined that the WDEQ staffing
and funding are adequate for WDEQ to administer the CCR permit program.
---------------------------------------------------------------------------
\10\ For more information on the specific facilities covered by
the Wyoming CCR Permit Program, see page 7 (PDF page 10) of the
Narrative, which is included in the docket for this action.
\11\ The discussion on State personnel is included on page 8
(PDF page 11) of the Narrative, which is included in the docket for
this action, and is described further in the Technical Support
Document.
---------------------------------------------------------------------------
2. Wyoming CCR Regulations
EPA has preliminarily determined that the portions of the Wyoming
CCR permit program that were submitted for approval meet the standard
for approval under RCRA section 4005(d)(1)(B)(i), 42 U.S.C.
6945(d)(1)(B)(i). To make this preliminary determination, EPA compared
the technical requirements in the Wyoming CCR regulations at SWR
chapter 18 to the Federal CCR regulations at 40 CFR part 257 to
determine whether they differed from the Federal requirements, and if
so, whether those differences met the standard in RCRA sections
4005(d)(1)(B)(ii) and (C), 42 U.S.C. 6945(d)(1)(B)(ii) and (C).
WDEQ previously regulated CCR in landfills under the SWR starting
in 1990. Under the Wyoming Water Quality Rules promulgated in 1975,
Wyoming began regulating CCR surface impoundments. WDEQ incorporated by
reference the Federal CCR regulations, promulgated through December 14,
2020, with the addition of those portions of the Act (appendix A of the
application) and SWR (appendix B of the application) that were more
stringent. This includes additional definitions, general facility
information, design and operating criteria, groundwater monitoring, and
requirements for co-disposing of other waste streams, which are
described further in section V. of the TSD. WDEQ amended the
regulations to adopt EPA amendments through December 14, 2020, and
chapter 18 became effective on August 19, 2022.
3. Wyoming Partial Program
WDEQ is seeking approval of its partial State CCR permit program
pursuant to RCRA section 4005(d). The WDEQ's rules adopt the Federal
CCR regulations promulgated through December 14, 2020. Wyoming is not
seeking approval for the following four requirements of the Federal CCR
regulations and, therefore, those requirements in the Federal CCR
regulations will continue to apply directly to each regulated CCR unit
in Wyoming:
1. Amendments made in the Legacy CCR Surface Impoundments and
CCR Management Units Final Rule.\12\ This includes 40 CFR 257.50(e),
which WDEQ has not yet adopted.
---------------------------------------------------------------------------
\12\ The provisions that changed in 40 CFR part 257, subpart D
that WDEQ did not adopt are specified in Hazardous and Solid Waste
Management System: Disposal of Coal Combustion Residuals from
Electric Utilities; Legacy CCR Surface Impoundments rule (89 FR
38985, May 8, 2024) and the technical corrections direct final rule
(89 FR 88650, November 8, 2024).
---------------------------------------------------------------------------
2. 40 CFR 257.73(a)(4), 257.73(d)(1)(iv), 257.74(a)(4), and
257.74(d)(1)(iv) for vegetative cover for slope stability;
3. 40 CFR 257.90(g) for suspension of groundwater monitoring;
and
4. 40 CFR 257.95(h)(2) for groundwater protection standards for
constituents in appendix IV having no Maximum Contaminant Levels.
With the exception of these four items, EPA has preliminarily
determined that the Wyoming CCR regulations contain all of the
technical elements of the Federal CCR regulations, including
requirements for location restrictions, design and operating criteria,
groundwater monitoring and corrective action, closure requirements and
post-closure care, recordkeeping, notification, and CCR website posting
requirements. The Wyoming CCR permit program also contains State-
specific language, references, definitions, and State-specific
requirements that differ from the Federal CCR regulations, but which
EPA has determined to be ``at least as protective as'' the Federal
criteria. These State-specific requirements are also discussed further
in sections III.1. and V. of the Technical Support Document.
The effect of approving a State CCR permit program is that, except
for the provisions for which EPA has not granted approval, the Wyoming
CCR permit program will apply in lieu of the Federal CCR regulations.
For the State provisions that will not be approved upon finalization,
the corresponding Federal requirements will continue to apply directly
to facilities, and therefore facilities must comply with both the
[[Page 42355]]
Federal requirements and the State requirements.
V. Wyoming CCR Permits
In accordance with the Wyoming SWR, chapter 18, section 4(a), all
CCR units must be permitted in accordance with chapter 18. WDEQ has not
issued any SWR chapter 18 CCR permits in the State. In accordance with
the SWR, chapter 18, section 4(b), existing CCR landfills and surface
impoundments must submit an operating or closure permit application
under chapter 18 under certain timeframes unless an alternate schedule
is approved by the SHWD for good cause. New CCR units must obtain a
permit under chapter 18 prior to construction.
Since WDEQ has not issued permits under the chapter 18 regulations,
no Wyoming permits are part of the permit program record under review.
In accordance with RCRA sections 4005(d)(3)(A) and 4005(d)(6), in the
absence of a permit issued under an approved State program, the owner
or operator of a CCR unit must continue to comply with the Federal CCR
regulations until a permit from an approved State is issued. 42 U.S.C.
6945(d)(3)(A), (d)(6). Any permits issued after approval will be
subject to program review provisions required by RCRA sections
4005(d)(1)(D)(i) and 4005(d)(1)(D)(ii). 42 U.S.C. 6945(d)(1)(D)(i),
(ii).
VI. Proposed Action
EPA has preliminarily determined that the Wyoming partial CCR
permit program meets the statutory standard for approval. Therefore, in
accordance with 42 U.S.C. 6945(d), EPA is proposing to approve the
Wyoming partial CCR permit program.
Lee Zeldin,
Administrator.
[FR Doc. 2025-16801 Filed 8-29-25; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.