WY EQC Hazardous Waste Rules Public Notice 2.19.19 Meeting

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Wyoming Department of Environmental Quality

WY EQC Hazardous Waste Rules Public Notice 2.19.19 Meeting

The Wyoming Environmental Quality Council

The Wyoming Environmental Quality Council (EQC) will consider proposed changes to Chapter 1 of the Wyoming Hazardous Waste Rules and Regulations (HWRR) brought forth by the Wyoming Department of Environmental Quality (WDEQ), Solid and Hazardous Waste Division (Division) at a public hearing to be held on February 19, 2019 in Room 127 of the Hathaway Building, 2300 Capitol Ave., Cheyenne, Wyoming, commencing at 9 a.m. (MST).

The Solid and Hazardous Waste Division, pursuant to the authority vested in it by Wyoming Statute §§ 35-11-503(a)(v) and 35-11-503 (d), proposes to revise HWRR Chapter 1, General Provisions in order to maintain state primacy. The proposed revisions include updating sections utilizing incorporation by reference (IBR) from the Code of Federal Regulations (40 CFR).  The Chapter 1 updates include: incorporating EPA Rule Checklists 231, 232, and 234-239; detailing which parts of 40 CFR have not been adopted by reference, as exceptions;  revising references; including an appendix (Appendix A) listing provisions more stringent and broader than the 40 CFR; and removing outdated cross-reference tables between previous state rules and federal statutes.  The revised rules meet minimum substantive state statutory requirements in accordance with Wyoming Statute § 16-3-103(a)(i)(G).  The Department has evaluated the revised rules in accordance with Wyoming Statute § 9-5-304, and interested persons may inspect a copy of that evaluation and the proposed rule package at the following address: Department of Environmental Quality, Solid and Hazardous Waste Division, 200 W 17th Street, Cheyenne, Wyoming.  Electronic copies are available at the EQC website identified below. Questions and requests for copies of the proposed rules may be directed to Carol Stark, Solid and Hazardous Waste Division, at (307) 777-8759.

The EQC will consider the proposed rules, written and electronically filed comments, and the Division’s Analysis of Comments, along with any modification to the HWRR proposed by the Division. At the public hearing, oral statements that focus on the previously received comments, the Division’s Analysis of Comments, and issues raised by the analysis will be accepted.  The EQC will determine if the record will remain open beyond the close of the scheduled hearing.  If the comment period is extended, the extensions will be posted on the Solid and Hazardous Waste website, as well the EQC’s website.  The EQC, however, may close the record and make a final decision regarding the rules prior to concluding the hearing.

Comments on the proposed revisions contained in Docket #18-5102 may be submitted beginning December 3, 2018 and ending at 5:00 p.m. (MST) on January 22, 2019. Written comments should be submitted to: Administrator, Solid and Hazardous Waste Division, 200 West 17th Street, Cheyenne, Wyoming, 82002; faxed to 307-635-1784.  Electronic comments may be submitted through and accepted by the WDEQ’s comment portal provided at: http://deq.wyoming.gov/shwd/resources/public-comments-online/.  The Division will file an analysis of comments with the EQC at least five (5) days before the public hearing.  The proposed rules, the comments, and the response to comments will be posted on the Council’s website at: https://eqc.wyo.gov/Public/Dockets.aspx under Docket #18-5102.

Any person wishing to use a digital presentation during their testimony before the EQC must provide a digital copy to the EQC no less than three (3) days prior to the hearing unless they contact the EQC and receive an extension for good cause. Failure to submit a timely digital copy will result in the person not being allowed to use the presentation during their testimony.

In accordance with the Americans with Disabilities Act, special assistance or alternative formats will be made available upon request for individuals with disabilities.