Solid and hazardous waste management rulemaking.

2016
STATE OF WYOMING
16LSO-0410
Introduced
1.2

HOUSE BILL

NO.

HB0146

Solid and hazardous waste management rulemaking.

Sponsored by:
Representative(s) Campbell, Allen, Larsen and Miller and Senator(s) Bebout

A BILL

for

AN ACT relating to public health and safety; amending the authority of the department of environmental quality and the environmental quality council to promulgate rules for solid and hazardous waste management which may be more stringent than equivalent federal regulations; repealing conflicting provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S. 35
‑
11
‑
503(
a)(v)(B)

and
(c) and 35
‑
11
‑
536(a)(i) are amended to read
:

35
‑
11
‑
503
.

Authority to promulgate rules and regulations for solid waste management facilities and for the management of hazardous wastes.

(a)

The director, upon recommendation from the administrator after consultation with the water advisory board, is authorized to recommend that the council promulgate rules, regulations,
standards
and permit systems for solid waste management facilities in order to protect human health and the environment. The rules, regulations, standards and permit systems shall govern the management of any waste, including liquid, solid, or semisolid waste, which is managed within the boundary of any solid waste management facility, and:

(v)

Shall provide for consistency and equivalency with rules and regulations adopted by the United States environmental protection agency under authority of Subtitle C of the Resource Conservation and Recovery Act, P.L. 94
‑
580, as amended, for those facilities subject to such federal requirements, provided that:

(B)

The imposition of the rules under this paragraph is consistent and equivalent with the imposition of rules by the United States environmental protection agency
;
, except that the director after consultation with the administrator may petition the council to determine for individual permits or orders that adequate cause exists for permit conditions or orders more stringent than federal regulations;

(c)

Unless and until the council adopts rules pursuant to subsection (a) of this section, for commercial radioactive waste management facilities or a particular classification of commercial radioactive waste management facilities, the director shall rely upon the performance criteria and standards of title 10, part 40, appendix A, and title 40, part 192, subpart D of the Code of Federal Regulations, as of January 1, 1991, as guidance for determining whether an application complies with the act.
Nothing in this subsection shall be construed to limit the director's authority to impose permit requirements or conditions or the council's authority to promulgate rules,
consistent with this act, which are more stringent than the federal regulations referenced.

35
‑
11
‑
536
.

Rules and regulations.

(a)

The council shall promulgate rules and regulations necessary to administer the program after recommendation from the director of the department, the administrator of the solid and hazardous waste division and the water and waste advisory board. The rules shall include but shall not be limited to rules and regulations which:

(i)

Provide for landfill monitoring and remediation system design, construction, installation and monitoring standards which shall be no

more and no
less stringent than federal requirements;

Section
2
.

W.S. 35
‑
11
‑
503(
a)(v)(A) is r
epealed
.

Section
3
.

This act is effective July 1, 2016
.

(END)

1
HB0146