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Rule2026-03820

Wyoming: Approval of State Coal Combustion Residuals Permit Program

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Published

February 26, 2026

Effective

March 30, 2026

Issuing agencies

Environmental Protection Agency

Abstract

The Environmental Protection Agency (EPA or the Agency) is approving the Wyoming partial 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 determined that Wyoming's partial CCR permit program meets the standard for approval under RCRA. Wyoming's partial CCR permit program will operate in lieu of the Federal CCR program, with the exception of the specific provisions noted below.

Full Text

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<title>Federal Register, Volume 91 Issue 38 (Thursday, February 26, 2026)</title>
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[Federal Register Volume 91, Number 38 (Thursday, February 26, 2026)]
[Rules and Regulations]
[Pages 9459-9470]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03820]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 257

[EPA-HQ-OLEM-2025-0221; FRL-12768-02-OLEM]

Wyoming: Approval of State Coal Combustion Residuals Permit
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Availability of final decision.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
approving the Wyoming partial 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 determined that
Wyoming's partial CCR permit program meets the standard for approval
under RCRA. Wyoming's partial CCR permit program will operate in lieu
of the Federal CCR program, with the exception of the specific
provisions noted below.

DATES: This action is effective on March 30, 2026.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OLEM-2025-0221. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form.

FOR FURTHER INFORMATION CONTACT: Michelle Lloyd, Office of Resource
Conservation and Recovery, Waste Identification, Notice, and
Generators, 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#87ebebe8fee3a9eaeee4efe2ebebe2c7e2f7e6a9e0e8f1"><span class="__cf_email__" data-cfemail="432f2f2c3a276d2e2a202b262f2f26032633226d242c35">[email&#160;protected]</span></a>. For more information
on this document please visit <a href="https://www.epa.gov/coal-combustion-residuals">https://www.epa.gov/coal-combustion-residuals</a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
A. Summary of Final Action
B. Background
C. Statutory Authority
II. The Wyoming Application

[[Page 9460]]

III. EPA Analysis of the Wyoming Application-Basis for Approval
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
IV. Wyoming CCR Permits
V. EPA Responses to Major Comments on the Proposed Determination
A. Groundwater Monitoring Concerns
B. Public Participation
C. Wyoming CCR Permits
VI. Approval of the Wyoming Partial CCR Permit Program
VII. Final Action

List of Acronyms

CCR coal combustion residuals
CCRMU coal combustion residuals management unit
CFR Code of Federal Regulations
EPA Environmental Protection Agency
MSWLF municipal solid waste landfill
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
W.S. Wyoming Statute
WY APA Wyoming Administrative Procedures Act

I. General Information

A. Summary of Final Action

EPA is taking final action to approve of Wyoming's partial CCR
permit program because the Agency finds that the State's partial
program requires each CCR unit in the State to achieve compliance with
the minimum requirements in the Federal CCR regulations or with
alternative requirements that EPA has determined to be at least as
protective as the requirements of the Federal CCR regulations in 40 CFR
part 257, subpart D, for the reasons set forth in the Proposed Approval
(90 FR 42347, September 2, 2025) and this final action. See 42 U.S.C.
6945(d)(1)(B).

B. Background

CCR are generated from the combustion of coal, including solid
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 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.
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 final 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).\1\
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\1\ 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.

[[Page 9461]]

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.

II. 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.\2\ As it has with other States, EPA discussed with WDEQ the
process for EPA to review and approve the State's partial CCR permit
program, WDEQ 's anticipated timeline for submitting a partial CCR
permit program application to EPA, and WDEQ's regulations for issuing
permits. On February 6, 2023, WDEQ submitted its partial CCR permit
program application to EPA Region 8 requesting approval of the State's
partial CCR permit program.
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\2\ 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 application and clarifying the
statutory 180-day review period for a final determination of
adequacy.\3\ 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.\4\ 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 partial CCR permit program application, and responding to
EPA's questions from the December 2023 letter.\5\ 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.\6\ On September 2,
2025, EPA proposed to approve the Wyoming partial CCR permit program
(Proposed Action).
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\3\ 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.
\4\ 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.
\5\ 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.
\6\ 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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III. EPA Analysis of the Wyoming Application-Basis for Approval

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
partial 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.

[[Page 9462]]

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
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 approving the
majority of Wyoming's partial CCR permit program application. However,
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
partial 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 partial 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 partial CCR permit program application was complete and
notified Wyoming of its determination by letter.\7\
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\7\ 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) (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 partial CCR permit program using the
process and statutory and regulatory standards discussed in Units 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 final 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, read 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 regulations found at
Wyoming Administrative Rules, Environmental Quality, Solid Waste Rules
(SWR) chapter 18, and to obtain a permit in accordance with Wyoming
Statutes (W.S.) 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. W.S. 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. W.S. 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 W.S. 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. W.S. section 35-11-502(e). Once WDEQ

[[Page 9463]]

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. W.S. 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, W.S. 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 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 determined that the Wyoming approach to CCR permit applications
and approvals is adequate, and that this aspect of the Wyoming partial
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 partial 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. W.S. 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 W.S. 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. W.S. 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

[[Page 9464]]

permit documents is found in Wyoming's partial CCR permit program
narrative Section 7.0 Public Participation (page 14), Appendix G Public
Notice Templates, SWR chapter 1 section 2(c), and W.S. 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 must be held by the
Council within 20 days after the end of the public comment period. W.S.
section 35-11-502(k). The Director must 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
must issue or deny the permit no later than 15 days from receipt of any
findings of fact and decision of the Council. W.S. section 35-11-502(k)
and (m).
All comments received must be considered and WDEQ must provide a
response to each commenter prior to making a final permit
determination. In addition to providing responses to individual
commenters, WDEQ must make ``any records, reports or information
obtained'' under the Wyoming Environmental Quality Act or obtained
under ``the rules, regulations and standards promulgated'' under the
Act ``are available to the public.'' \8\ W.S. section 35-11-1101(a).
Members of the public can also submit record requests using the WDEQ
website. Members of the public can also request to view documents at
any of WDEQ's offices.
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\8\ Information that would divulge trade secrets can remain
confidential. W.S. section 35-11-1001(a). Emission and pollution
data must be available to the public. Id.
---------------------------------------------------------------------------

Final permit determinations must 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,
including public comments, must be maintained by WDEQ as public records
in accordance with Wyoming Public Records Act, W.S. 16-4-201, and must
be made available to the public accordingly.
c. Challenges To Permit Decisions
In accordance with W.S. section 35-11-502(k), 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 written
notice given for the proposed permit. If substantial written objections
are filed, the Wyoming Environmental Council (Council) must hold a
public hearing within 20 days after the final date for filing
objections. Id. 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 conducted
as a contested case under the Wyoming Administrative Procedure Act (WY
APA). W.S. 16-3-107 et seq. Judicial review can be obtained pursuant to
the WY APA. W.S. 16-3-114.
If a public hearing is held, the Council must issue findings of
fact and a decision on the proposed permit within 30 days afterward.
WDEQ must issue or deny the permit within 15 days after receiving
findings of fact and decision of the Council. W.S. section 35-11-
502(m).
W.S. 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. In addition, 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, the Council must hold a
public hearing. W.S. 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 must be conducted as a contested case in accordance with
the WY APA, W.S. 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. W.S.
section 16-3-114.
EPA has 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 W.S. 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 W.S. 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
may be issued unless the owner/operator 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. W.S. section 35-11-
109.
Accordingly, EPA has determined that provisions in Wyoming's
partial CCR permit program provide the State with

[[Page 9465]]

the authority to gather information about compliance, perform
inspections, and ensure that the information it gathers is suitable for
enforcement. Further, W.S. section 35-11-109 provides WDEQ authority 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. These provisions meet EPA's
guidelines for compliance monitoring authority, and this aspect of the
Wyoming partial 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.
WDEQ has the authority to initiate an investigation when WDEQ has
cause to believe that a violation is being committed or if a written
complaint is filed with WDEQ. W.S. section 35-11-701(a). Under W.S.
section 35-11-701(c), if a violation exists, WDEQ may endeavor to
eliminate the source or cause of the violation. WDEQ must serve the
alleged violator with a notice specifying the alleged violation and the
facts alleged and may require the alleged violator to cease and desist.
W.S. section 35-11-701(c)(1).
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, through the Wyoming Attorney
General, institute a civil action for immediate injunctive relief to
halt any activity causing the danger. W.S. section 35-11-115(a).
Further, W.S. 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 W.S. 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. W.S. section 35-11-
904.
Finally, under W.S. 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.
W.S. section 35-11-901(a).
Accordingly, EPA has determined that these provisions meet EPA's
guidelines for enforcement authority, and this aspect of the Wyoming
partial CCR permit 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.
``[A]ny person having an interest which is or may be adversely
affected . . . may commence a civil action on his own behalf to compel
compliance'' with the Act. W.S. 35-11-904(a)(i). A plaintiff must
notify WDEQ and the alleged violator at least 60 days before filing
suit, unless the violation complained of constitutes an imminent threat
to the plaintiff's health, safety, or legal interest. W.S. 35-11-
904(c)(i). Further, 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. W.S. section
35-11-904(c)(ii). Additionally, WDEQ has the authority under W.S. 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, as well as its
other provisions for citizens to be involved in enforcement, EPA has
determined that this aspect of the Wyoming partial CCR permit program
meets the standard for program approval.

B. Adequacy of Technical Criteria

EPA conducted an analysis of the Wyoming partial 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.\9\ WDEQ has demonstrated that
it has the personnel to administer a permit program that is at least as
protective as the Federal requirements.\10\ 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 determined that the WDEQ staffing and funding are adequate
for WDEQ to administer the partial CCR permit program.
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\9\ 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.
\10\ 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 determined that the portions of the Wyoming partial CCR permit
program that were submitted for approval meet the standard for approval

[[Page 9466]]

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 CCR permit program pursuant
to RCRA section 4005(d). Wyoming's CCR regulations reflect 40 CFR part
257, subpart D, as amended through December 14, 2020; however, the
Federal CCR regulations have changed since then as a result of
litigation and the Legacy CCR surface impoundments and CCR management
units final rule (89 FR 38985, May 8, 2024) (the 2024 Legacy Rule).
WDEQ submitted its application in 2023 and the State has not adopted
regulations reflecting the 2024 changes. Therefore, WDEQ has not sought
approval of any State regulations that would operate in lieu of these
amendments.
In the Proposed Approval, EPA included a list of four requirements
of the Federal CCR regulations for which Wyoming is not seeking
approval and explained that the Federal CCR regulations will continue
to apply directly to each regulated CCR unit in Wyoming (90 FR 42354,
September 2, 2025). After reviewing the comments received on the
Proposed Approval concerning changes to the 2024 Legacy Rule and upon
further consideration, EPA recognizes that additional provisions are
similarly situated and should also be carved out. For the same reasons
discussed in the Proposed Approval and response to comments document,
EPA is approving only those aspects of Wyoming's CCR program that were
submitted for approval.
In the 2024 Legacy Rule, EPA amended certain terms and provisions
that apply to all CCR units. It is EPA's understanding that WDEQ
interprets the provisions in SWR chapter 18 the same as EPA interprets
these in 40 CFR part 257, subpart D. Therefore, EPA is approving the
State's version of these requirements:
1. Throughout 40 CFR part 257, subpart D, the regulations were
amended by removing the phrase ``website'' and adding in its place the
word ``website'' wherever it appears.
2. 40 CFR 257.50(c); this amendment revises the scope of
applicability to specify that it includes inactive CCR surface
impoundments at utilities or power producers regardless of how
electricity is currently being produced at the facility.
3. 40 CFR 257.51; this section was reserved, as the effective date
of 40 CFR part 257, subpart D, October 19, 2015, has passed.
4. 40 CFR 257.52; this amendment clarifies that all CCR units are
subject to the requirement to comply with all other Federal, State,
Tribal, or local laws or other requirements. In addition, all CCR units
continue to be subject to Sec. Sec. 257.3-1, 257.3-2, and 257.3-3.
5. ``Active facility or active electric utilities or independent
power producers''; this amendment to 40 CFR 257.53 clarifies that the
relevant operational date for any active facility or active electric
utilities or independent power producers is on or after October 19,
2015.
6. ``CCR landfill or landfill''; this amendment to 40 CFR 257.53
clarifies that a CCR landfill means an area of land or an excavation
that ``contains'', rather than ``receives'', CCR, and meets the other
criteria of the definition.
7. ``CCR surface impoundment or impoundment''; this amendment to 40
CFR 257.53 deleted the words ``which is''.
8. ``CCR unit''; this amendment to 40 CFR 257.53 clarifies that
this term includes legacy CCR surface impoundments and CCRMU.
9. ``Contains both CCR and liquids''; this additional definition in
40 CFR 257.53 is consistent with the term's plain meaning and
dictionary definitions as this term used in the closure performance
standard in Sec. 257.102(d)(2)(i) for CCR surface impoundments.
10. ``Inactive CCR surface impoundment'', this amendment to 40 CFR
257.53 clarifies that this term is applicable to such CCR surface
impoundments ``located at an active facility.''
11. ``Infiltration''; this additional definition in 40 CFR 257.53
is consistent with the term's plain meaning and dictionary definitions
to assist in the application of closure performance standards for CCR
units.
12. ``Liquids''; this additional definition in 40 CFR 257.53 is
consistent with the term's plain meaning and dictionary definitions to
assist in the applicability for CCR surface impoundments and the
application of closure performance standards for CCR units.
13. ``State director''; this amendment to 40 CFR 257.53 clarifies
that the State director is the chief administrative officer of the lead
State agency responsible for implementing the State program regulating
disposal in all CCR units.
14. ``Technically feasible or feasible''; this amendment to 40 CFR
257.53 clarifies that certain requirements of 40 CFR part 257, subpart
D refer only to feasible rather than technically feasible. The
amendment ensures that these terms are interpreted in the same way.
15. ``Technically infeasible or infeasible''; this amendment to 40
CFR 257.53 clarifies that certain requirements of 40 CFR part 257,
subpart D refer only to infeasible rather than technically infeasible.
The amendment ensures that these terms are interpreted in the same way.
16. 40 CFR 257.61(a); this amendment updates a reference to 40 CFR
230.41(a), as the previously referenced provision has since been
amended.
17. 40 CFR 257.80(a); this amendment clarifies that all CCR units
are subject to the fugitive dust requirements.
18. 40 CFR 257.90(a); this amendment clarifies that all CCR units
are subject to the groundwater monitoring and corrective action
requirements. In addition, it corrects a typographical error.
19. 40 CFR 257.100(a)(1); this amendment clarifies that inactive
CCR surface impoundments, regardless of how the facility produces
electricity through non-fuels, are subject to the same compliance
deadlines applicable to existing CCR surface impoundments, subject to
certain requirements.
20. 40 CFR 257.104(a); this amendment clarifies that all owners or
operators of CCR units that are subject to Sec. 257.102 are subject to
the post-closure care requirements, except for those owners and
operators of a CCR

[[Page 9467]]

unit that elect to close the CCR unit by removing CCR.
The following list identifies amendments to the requirements in 40
CFR part 257, subpart D that were not included in Wyoming's
application. These provisions will continue to apply directly to, and
remain federally enforceable for, each CCR unit in Wyoming. Meaning,
the requirements in SWR chapter 18 that do not meet the standard for
approval as of the date of the Proposed Approval, as enumerated below,
are not being approved:
1. 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; 2. 40 CFR
257.90(g) for suspension of groundwater monitoring;
2. 40 CFR 257.95(h)(2) for groundwater protection standards for
constituents in appendix IV having no Maximum Contaminant Levels;
3. EPA amended certain provisions of the Federal CCR regulations in
the 2024 Legacy Rule that apply to all CCR units and are more
prescriptive than the requirements in the 2015 CCR Rule. WDEQ did not
adopt these amendments and did not seek approval of these provisions.
Thus, the following Federal provisions will be applicable to CCR units
in Wyoming:
a. ``Operator''; this amendment to 40 CFR 257.53 specifies the
definition of operator to include certain other person(s) including
those responsible for disposal or otherwise actively engaged in the
solid waste management of CCR and person(s) responsible for directing
or overseeing groundwater monitoring, closure or post-closure
activities at a CCR unit.
b. ``Owner''; this amendment to 40 CFR 257.53 broadened the
definition of owner to include person(s) who own a facility, whether in
full or in part.
c. 40 CFR 257.80(b)(6); this amendment specifies that the owner or
operator must amend the written fugitive dust control plan no later
than 30 days whenever there are certain changes in condition.
d. 40 CFR 257.102(c)(2); this amendment specifies the criteria for
complete removal and decontamination activities during the active life
and post-closure care period of a CCR unit.
e. 40 CFR 257.102(d)(2); this amendment specifies that the closure
performance standards for drainage and stabilization of a unit when
leaving CCR in place apply to all CCR units, including CCR management
units (CCRMU) and CCR landfills, where free liquids remain in the unit.
f. 40 CFR 257.102(f)(2)(ii)(C) and(D); these amendments specify
that CCR landfills that intersect with groundwater are eligible for the
closure time extensions available to CCR surface impoundments, subject
to certain requirements.
g. 40 CFR 257.104(a)(2), (c)(1) and (3); these amendments specify
that an owner or operator closing a CCR unit pursuant to the closure by
removal and decontamination standards during the active life and post-
closure care period, 40 CFR 257.102(c)(2), must complete groundwater
corrective action.
h. 40 CFR 257.104(g); this amendment specifies that a deed
notation, required pursuant to 40 CFR 257.102(i), may be removed after
the owner or operator demonstrates that groundwater monitoring
concentrations no longer exceed any protection standard (i.e., the unit
must be in detection monitoring) and certain notifications of
completion of post-closure care are completed.
i. 40 CFR 257.105(a); this amendment specifies that each file in
the operating record must indicate the date the file was placed in the
record.
j. 40 CFR 257.105(e); (f)(1) through (14); (f)(19); (g); (h)(1)
through (4); (h)(10) through (11); (h)(13) through (14); (i)(4) through
(20); these amendments extend the retention times for certain documents
maintained in the operating record.
k. 40 CFR 257.107(b); this amendment specifies that owners and
operators using one website to meet the requirements of multiple
environmental rules must delineate the postings for each regulatory
program under a separate heading on the combined website.
l. 40 CFR 257.107(e); (f)(1) through (4); (f)(6) through (13);
(f)(18); (g); (h)(1) through (3); (h)(8); (h)(10) through (11); (i)(4)
through (20); these amendments extend the retention times for certain
documents maintained on the facility's CCR website.
4. In the 2024 Legacy Rule, EPA added requirements for legacy CCR
surface impoundments. WDEQ did not adopt these amendments. Thus, any
legacy CCR surface impoundments in Wyoming will remain subject to the
following Federal CCR regulations:
a. 40 CFR 257.50(e); this amended provision specifies that 40 CFR
part 257, subpart D applies to electric utilities or independent power
producers that ceased producing electricity prior to October 19, 2015
and have a legacy CCR surface impoundment onsite.
b. ``Inactive facility or inactive electric utility or independent
power producer''; this added definition to 40 CFR 257.53 specifies the
facility where legacy CCR surface impoundments are located.
c. ``Legacy CCR surface impoundment''; this added definition to 40
CFR 257.53 specifies a new type of CCR unit that meets certain
criteria.
d. 40 CFR 257.100(a)(2); EPA amended 40 CFR 257.100(a) to add
paragraph (2), which specifies that legacy CCR surface impoundments are
subject to all of the requirements applicable to existing CCR surface
impoundments, except for the requirements in 40 CFR 257.60 through
257.64 and 257.71.
e. 40 CFR 257.100(f) through (j); these additional provisions
include reporting and technical requirements for legacy CCR surface
impoundments.
f. 40 CFR 257.101(e); this added provision specifies the deadlines
when owners or operators of legacy CCR surface impoundments must
initiate closure.
g. 40 CFR 257.101(g); this added provision specifies requirements
for deferral to permitting for closures conducted under substantially
equivalent regulatory authority.
h. 40 CFR 257.105(k), 257.106(k), and 257.107(k); these added
provisions specify recordkeeping, notification, and CCR website posting
requirements for legacy CCR surface impoundments.
5. In the 2024 Legacy Rule, EPA also added requirements for CCR
management units. WDEQ did not adopt these provisions. Thus, any CCR
management units in Wyoming will remain subject to the following
Federal CCR regulations:
a. 40 CFR 257.50(d); this amended provision specifies the scope of
CCRMU requirements.
b. ``CCR management unit''; this additional definition in 40 CFR
257.53 is for a new type of CCR unit.
c. ``Closed prior to October 19, 2015''; this additional definition
in 40 CFR 257.53 specifies the applicability of CCR landfills or
surface impoundments that completed closure of the unit in accordance
with State law prior to October 19, 2015.
d. ``Critical infrastructure''; this additional definition in 40
CFR 257.53 specifies infrastructure, large buildings, or other
structures vital to the success or continuation of current site
operations or activities for the public welfare. Under the Federal CCR
regulations, CCRMU located under critical infrastructure have the
option to defer certain requirements to permitting.
e. ``Inactive CCR landfill''; this additional definition in 40 CFR
257.53 is for a new type of CCR unit related to CCRMU.
f. ``Regulated CCR unit''; this additional definition in 40 CFR
257.53 is a conforming change, which means any new CCR landfill,
existing CCR landfill, new CCR surface

[[Page 9468]]

impoundment, existing CCR surface impoundment, inactive CCR surface
impoundment, or legacy CCR surface impoundment. This term specifies
that CCRMU are not considered regulated CCR units.
g. 40 CFR 257.75; this additional section includes requirements for
identifying CCRMU.
h. 40 CFR 257.90(b)(3); this additional provision specifies a
deadline for the owners and operators of CCRMU to comply with certain
groundwater monitoring requirements.
i. 40 CFR 257.90(e); EPA amended one sentence in this provision to
add an annual groundwater monitoring and corrective action report
deadline for CCRMU. WDEQ has not adopted this amendment, see SWR
chapter 18, section 9(a). Therefore, the majority of this provision, as
adopted by WDEQ based on the December 14, 2020 version of 40 CFR
257.90(e), is approved for WDEQ to administer, but the added deadline
for CCRMU will remain the applicable criteria for CCRMU in Wyoming and
any CCRMU in Wyoming will remain subject to the Federal CCR
regulations.
j. 40 CFR 257.95(b); this amended provision adds a deadline for
CCRMU to sample and analyze the groundwater for all constituents in 40
CFR part 257, appendix IV.
k. 40 CFR 257.101(f); this additional provision specifies the
deadlines when CCRMU must initiate closure.
l. 40 CFR 257.101(g) and (h); these include additional requirements
for deferral to permitting for closures conducted under substantially
equivalent regulatory authority and under critical infrastructure.
m. 40 CFR 257.102(b)(2)(iii) and (v); these amended provisions
renumber paragraph (b)(2)(iii) to (iv) and add new paragraphs
(b)(2)(iii) and (v). The added provisions are only applicable to CCRMU.
n. 40 CFR 257.102(f)(1)(iii); this additional provision specifies
when CCR management units must complete closure activities.
o. 40 CFR 257.102(f)(2)(ii)(E) and (F); these additional provisions
specify when CCR management units may extend the complete closure
activities.
p. 40 CFR 257.104(d)(2)(iii); these amended provisions renumber
paragraph (d)(2)(iii) to (iv) and add a new paragraph (d)(2)(iii). This
added provision is only applicable to CCRMU.
q. 40 CFR 257.105(f)(25) and (26), 40 CFR 257.106(f)(24) and (25),
40 CFR 257.107(f)(24) and (25); these include additional recordkeeping,
notification, and CCR website posting provisions for CCRMU.
EPA has 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 partial CCR permit program also contains
State-specific language, references, definitions, and 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 partial State CCR permit program is that,
except for the provisions for which EPA has not granted approval, the
Wyoming partial CCR permit program will operate in lieu of the Federal
CCR regulations. For the State provisions that are not approved upon
finalization, the corresponding Federal requirements will continue to
apply directly to facilities, and therefore facilities must comply with
both the Federal requirements and the State requirements. RCRA section
4005(d)(3).

IV. 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), (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).

V. EPA Responses to Major Comments on the Proposed Determination

EPA announced its proposal to approve, in part, the Wyoming CCR
permit program, and a 60-day public comment period on September 2, 2025
(90 FR 42347). EPA also held a public hearing on October 30, 2025. The
public hearing provided interested persons the opportunity to present
information, views, or arguments concerning EPA's proposal. Oral
comments received during the public hearing are documented in the
transcript of the hearing, which, along with the written comments
received during the public comment period, is included in the docket
for this Action.
EPA received 24 written public comments and seven comments from the
public hearing during the comment period. The major comments received
by EPA focused on three primary topics: (1) Groundwater Monitoring
Concerns, (2) Public Participation, and (3) Wyoming CCR Permits. EPA's
responses to individual comments are provided in the Response to
Comments document included in the docket for this Action.

A. Groundwater Monitoring Concerns

Comment summary: Some comments raise concerns about groundwater
contamination that could be attributed to CCR facilities. Some
commenters described the human health and environmental impacts of
certain constituents present in groundwater and surface water.
Commenters were concerned about closure of CCR units with waste in
place, especially if the CCR unit is unlined, near a water body, or if
there is groundwater contamination from the CCR unit detected from the
groundwater monitoring and corrective action program. Critics argue
that Wyoming's program does not meet the ``at least as protective''
standard as required by RCRA section 4005(d).
Comment response: WDEQ adopted CCR regulations in SWR Chapter 18
which, in general, are identical or analogous to the Federal
requirements of 40 CFR part 257, subpart D, including groundwater
monitoring requirements that adopted 40 CFR 257.90 through 257.98 by
reference. EPA is not making any determinations regarding the
compliance status of individual facilities or CCR units based on the
public comment process for this final Action. However, some commenters
raised concerns about compliance issues in the broader context of
program approval and questioned whether WDEQ has the ability and
inclination to fully implement an approved program. As discussed above,
Wyoming has legal

[[Page 9469]]

authority to monitor permittees' compliance and to enforce the partial
CCR permit program. Further, EPA expects to work with States during
implementation of approved CCR permit programs.
The Wyoming partial CCR permit program will require each CCR unit
located in the State to achieve compliance with the regulations that
are part of their approved program as well as the Federal CCR
requirements that were mentioned above that are not being approved as
part of the Wyoming partial CCR permit program.

B. Public Participation

Comment summary: Commenters stated that WDEQ does not offer
adequate public participation opportunities in the Wyoming partial CCR
permit program during the permit comment period. Those commenters
indicated that the program does not require that all relevant materials
in the permitting decision-making process be made publicly available,
does not require adequate public notice, and does not provide adequate
opportunity for public meetings or hearings. Commenters also mention
difficulty accessing draft permits during the permit program proposal
comment period, noting that accessing documents was extremely time
consuming, untimely, and, for many, prohibitively expensive, and were
concerned about major permit modifications lacking definition and
taking place without public input.
Other commenters stated that the State's program will provide
strong opportunities for public participation throughout the permitting
process. These commenters mentioned that owners and operators of CCR
units seeking new or major amendments to a CCR permit must complete two
public comment periods and public notice of new and amended permits
must be published in a local newspaper once a week for two consecutive
weeks, posted online and sent to specified landowners, local officials,
county commissions, solid waste districts and the interested parties
list. Commenters noted that this process ensures that interested
parties have knowledge of and a meaningful chance to comment on all new
CCR permits and significant modifications to existing permits.
Commenters also noted that the State requires that all public comments
must be responded to by WDEQ prior to final permit issuance and that
Wyoming guarantees a public hearing if objections are raised during the
comment period.
Comment response: EPA disagrees that WDEQ does not offer adequate
public participation opportunities and document access during the
permitting process. Under W.S. section 35-11-1101, any records,
reports, or information obtained under the Wyoming Environmental
Quality Act or the rules, regulations, and standards promulgated under
the Act are available to the public. W.S. section 35-11-502(g) and (j)
and Wyoming SWR Chapter 1, section 2(c)(i) and (ii) require public
notice of a permit application being submitted once complete, and the
proposal of a draft permit, respectively. All permitting notices are
required to be posted in local newspapers and on the WDEQ's website,
allowing for public access. Permit applications and review documents
are also available for public review at any WDEQ office and can be sent
digitally upon request in accordance with Department policy. A public
hearing may also be requested if substantial written objections are
filed within the comment period for the draft permit in accordance with
W.S. section 35-11-502(j). While one commenter noted that documents
were not as easy to obtain as they had hoped, the documents were
obtainable.
EPA also disagrees that changes to the Wyoming regulations
concerning major or minor amendments to CCR permits need to be made.
Minor amendments to CCR permits are assumed to be those amendments to
permits that are not considered Major amendments. ``Major amendment''
is defined SWR chapter 18, section 3(c) and are evaluated for
completeness and compliance with the SWR chapter 18 standards in
accordance with SWR chapter 1, section 3. Major amendments to CCR
permits are processed in accordance with SWR chapter 18, section
4(f)(ii)(B). Further details are available in EPA's response to comment
document, available in this docket. Additionally, Wyoming has yet to
issue any CCR permits under chapter 18 and any existing Wyoming permits
have been issued under different requirements and regulations.
Commenters will have adequate time to provide public input when Wyoming
does issue permits under the partial CCR permit program.
Based on the information provided above and additional details in
the response to comments document in this docket, EPA concludes that
WDEQ's public participation provisions are sufficient.

C. Wyoming CCR Permits

Comment summary: Commenters argue that Wyoming's partial CCR
program does not meet the ``at least as protective as'' standard as
required by RCRA section 4005(d). Commenters contend that Wyoming's
program does not require the WDEQ Administrator to determine whether a
permit application achieves compliance with the Federal requirements or
equally protective State requirements. Commenters also argue that
Wyoming's regulations allowing WDEQ to grant lifetime operating permits
is inconsistent with the WIIN Act and is unlawful and impermissible.
Other commenters stated that the adequacy of Wyoming's partial CCR
permit program and WDEQ's Application for approval of its partial
program does demonstrate that WDEQ has full authority to administer and
enforce the provisions of the State's CCR permit program for which it
is requesting approval.
Comment response: EPA disagrees with the statement that the partial
program does not meet the ``at least as protective as'' standard and
the criticisms of Wyoming's permitting process, requirements for
completeness, and duration of its operating permits. W.S. section 35-
11-502 and SWR chapter 18 dictate that the permit applications are
thoroughly evaluated for compliance with the SWR chapter 18 standards
in a two-step process consisting of a completeness review first,
followed by a technical adequacy review. If the permit application is
determined to not be technically adequate by the Department, the
applicant is notified of the deficiencies and additional information,
or different information that must be provided, or the permit
application is denied. See W.S. section 35-11-502(h). EPA also
disagrees with the assertion that it is unlawful or impermissible for a
permit in Wyoming issued under SWR chapter 18, section 4(c)(i) to be
issued for the active life of the unit, including the post closure care
period, as permits for life are not prohibited by RCRA or the 40 CFR
part 257 regulations. Furthermore, permits for the life of a CCR unit
remain subject to periodic review by both Wyoming and EPA. See, e.g.,
RCRA section 4005(d)(1)(D)(i). Additionally, Wyoming has yet to issue
any CCR permits under chapter 18 and any existing Wyoming permits have
been issued under different requirements and regulations and therefore,
EPA cannot examine implementation of the CCR permit program because it
has yet to be implemented.
EPA has reviewed Wyoming's partial CCR Permit Program Application
and has determined that its permitting process is adequate and meets
the statutory and regulatory requirements for approval as required by
RCRA section 4005(d).

[[Page 9470]]

VI. Approval of the Wyoming Partial CCR Permit Program

The Wyoming partial CCR permit program, as described in its
Application and Units II and III, is approved. Because this is a
partial program approval, only the State requirements that have been
approved will operate in lieu of the analogous Federal requirements.
RCRA section 4005(d)(3). Accordingly, owners and operators of CCR units
in Wyoming will remain responsible for compliance with all applicable
requirements in 40 CFR part 257 for which Wyoming did not seek approval
that are listed in Unit III.B of this document. Id. EPA will implement
these provisions under the Federal CCR program, unless and until
Wyoming submits a revised CCR permit program application and receives
approval for these provisions. Permit provisions that are not part of
an approved State program remain subject to the Federal CCR
regulations, and there is no shield for noncompliance with applicable
requirements in 40 CFR part 257. RCRA 4005(d)(3). For CCR units in the
State, the Federal CCR regulations will remain in effect until WDEQ
issues permits for them under its approved partial CCR permit program
after providing the public opportunity to comment on the entire permit
consistent with the process required for new permits.
RCRA section 4005(d)(1)(D) specifies that EPA will review a State
CCR permit program:
<bullet> From time to time, as the Administrator determines
necessary, but not less frequently than once every 12 years;
<bullet> Not later than three years after the date on which the
Administrator revises the applicable criteria for CCR units under part
257 of title 40, CFR (or successor regulations promulgated pursuant to
RCRA sections 1008(a)(3) and 4004(a));
<bullet> Not later than one year after the date of a significant
release (as defined by the Administrator), that was not authorized at
the time the release occurred, from a CCR unit located in the State;
and
<bullet> On request of any other State that asserts that the soil,
groundwater, or surface water of the State is or is likely to be
adversely affected by a release or potential release from a CCR unit
located in the State for which the program was approved.
RCRA section 4005(d)(4)(B) also provides that in a State with an
approved CCR permitting program, the Administrator may commence an
administrative or judicial enforcement action under RCRA section 3008
if:
<bullet> The State requests that the Administrator provide
assistance in the performance of an enforcement action; or
<bullet> After consideration of any other administrative or
judicial enforcement action involving the CCR unit, the Administrator
determines that an enforcement action is likely to be necessary to
ensure that the CCR unit is operating in accordance with the criteria
established under the State's permit program.

VII. Final Action

In accordance with 42 U.S.C. 6945(d), EPA is approving the Wyoming
partial CCR permit program.

Lee Zeldin,
Administrator.
[FR Doc. 2026-03820 Filed 2-25-26; 8:45 am]
BILLING CODE 6560-50-P

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