EQC: Hazardous Waste Rules, Chapter 1, General Provisions, IBR Update 2

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Wyoming Department of Environmental Quality

The Wyoming Environmental Quality Council (EQC) will consider proposed revisions to the Hazardous Waste Rules brought forth by the Wyoming Department of Environmental Quality (WDEQ), Solid and Hazardous Waste Division (SHWD) at a public hearing to be held on November 16, 2021, commencing at 9:00 a.m. (MST) on the University of Wyoming Campus, Energy Innovation Center, BP Room at 1000 E. Lewis St., Laramie, Wyoming. In the event the University closes, the meeting will only be held by Zoom video conferencing at 10 a.m. (MST) unless otherwise noticed. Individuals interested in attending the videoconference may contact Joe Girardin at 307-777-7170 or joe.girardin@wyo.gov for assistance, should the campus location close.

The proposed rulemaking Docket #21-5102 includes revision of the Hazardous Waste Rules (HWR) Chapter 1, General Provisions utilizing Incorporation by Reference (IBR). The proposed revisions to Chapter 1 include the incorporation by reference of five new rules promulgated and finalized by the U.S. Environmental Protection Agency (EPA) since Wyoming’s last date of HWR adoption on May 3, 2019. The WDEQ/SHWD intends to adopt the new rules to ensure that the HWR are up-to-date with the federal rules as of July 7, 2020. This revision will be the second update of the HWR since the State began to use IBR to ensure that its rules are consistent with EPA’s, except where more stringent or broader in scope. The revisions also include EPA recommendations and clarify and restructure sections in Chapter 1. The revised rules meet minimum substantive state statutory requirements in accordance with W.S. § 16-3-103(a)(i)(G). The WDEQ evaluated the revised rules in accordance with W.S. § 9-5-304, and interested persons may inspect a copy of that evaluation and the proposed rule package at the 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 or carol.stark@wyo.gov.

The EQC will consider the proposed rules, written or electronically filed comments, and WDEQ’s Analysis of Comments, along with any modifications proposed by the WDEQ to the draft rules. At the public hearing, statements that focus on previously received comments, the WDEQ’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. The EQC may, however, close the record and make a final decision regarding the rules at the conclusion of the hearing.

Comments on the proposed revisions contained in Docket #21-5102 may be submitted beginning September 12, 2021 and ending at 5:00 p.m. (MST) on November 2, 2021. Written comments should be sent to the Wyoming Department of Environmental Quality, 200 W 17th St, Cheyenne, Wyoming, 82002 or faxed to (307) 635-1784. Electronic comments may only be submitted through and accepted by the WDEQ comment portal provided at https://shw.wyomingdeq.commentinput.com/. The WDEQ will file an analysis of comments with the EQC prior to the November 16, 2021 public hearing. The proposed rules, comments submitted, and the analysis of comments will be posted on the EQC’s website at https://eqc.wyo.gov/Public/Dockets.aspx under Docket #21-5102.

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 days prior to the hearing unless they contact the EQC and request an extension for good cause. Failure to submit a timely digital copy may 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. Para español, visite http://deq.wyoming.gov/