CHAPTER 4

REGULATIONS FOR RELEASES OF OIL AND HAZARDOUS SUBSTANCES

INTO WATERS OF THE STATE OF WYOMING

 

 Section 1. Authority.

 

These regulations are promulgated pursuant to the Wyoming Environmental Quality Act, specifically Wyoming Statutes (W.S.) §§ 35-11-301 and 35-11-302.

 

 Section 2. Applicability.

 

This Chapter applies to the containment, clean up, and disposal of oil or hazardous substances that have been released and that enter, or threaten to enter, Waters of the State and to require notification to the Water Quality Division of such releases.

 

 Section 3. Definitions.

 

(a) The definitions in this Section supplement those contained in W.S. § 35- 11-103 of the Wyoming Environmental Quality Act.

 

(b) "Hazardous Substance" means any substance or waste that, after release, constitutes a threat to public health or welfare, or other aquatic life or wildlife because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious, radioactive, or other harmful characteristics. The term shall also include all substances so designated by Table 302.4 of 40 C.F.R. §302.4.

 

 (c) "Oil" means insoluble or partially soluble oil of any kind including, but not limited to, crude or fuel oil, lubricating oil, oily sludge, asphalt, crude condensate, gasoline, aviation fuel, kerosene, diesel motor fuels, road oil, waste oil, oil mixed with federally defined nonhazardous wastes and derivatives of mineral, animal, or vegetable oils.

 

 (d) "Release" includes, but is not limited to, any spilling, leaking, pumping, pouring, emptying, emitting, discharging, dumping, addition of, escaping, leaching, or unauthorized disposal of any oil or hazardous substance that enters, or threatens to enter, Waters of the State.

 

 (e) "Responsible party" means any person owning or having control over the release of an oil or hazardous substance."

 

 Section 4. Notification, Containment and Clean Up of Releases.

 

 (a) In accordance with these regulations, after the release of an oil or a hazardous substance in any amount that enters or threatens to enter Waters of the State, the responsible party or delegate shall:

 

  (i) Contain, remove, and dispose of the oil or hazardous substance release;

 

  (ii) Immediately take appropriate action to stop and contain the release;

 

  (iii) Immediately proceed to correct the cause of the release; and

 

 (iv) Unless exempted by subsection (b) of this Section, immediately notify the

Division, in a format provided by the Administrator, of the following:

 

  (A) Type;

 

  (B) Quantity;

 

  (C) Location of the release; and

 

  (D) Clean up actions that have been taken or are proposed to be taken.

 

 (b) Releases are exempt from the notification requirement identified in subparagraph (a)(iv) of this Section if the release:

 

  (i) Does not physically enter Waters of the State;

 

  (ii) Is immediately contained, removed, and disposed of in accordance with Departmental regulations;

 

  (iii) Does not contain a hazardous substance; and

 

  (iv) Is either:

 

   (A) 10 barrels (420 gallons) or less of crude oil, petroleum condensate, produced water, or a combination thereof; or

 

   (B) 25 gallons or less of refined crude oil products, including but not limited to, gasoline, diesel motor fuel, aviation fuel, asphalt, road oil, kerosene, fuel oil, and derivatives of mineral, animal, or vegetable oils.

 

 (c) The responsible party or delegate shall clean up oil or hazardous substance releases in a timely and diligent manner. Satisfactory clean up of an oil or hazardous substance release will be achieved when the following clean up criteria have been met:

 

  (i) Oil or hazardous substance releases shall not be present in, or threaten, Waters of the State in amounts that would cause any one of the following conditions:

 

   (A) Oil and grease content to exceed 10 mg/L; or

 

   (B) Visible deposits on the bottom or shoreline.

 

  (ii) Surface spills shall be remediated to standards identified in the Department guidance or alternate standards approved by the Administrator.

 

  (iii) Oil or hazardous substances shall not be present in, or threaten, Waters of the State in concentrations or combinations that, as determined by the Administrator, would damage or impair the normal growth, function, or reproduction of human, animal, plant, or aquatic life, or impair the beneficial use of any Waters of the State.

 

 (d) The Administrator may require physical removal of the released oil or hazardous substance, except in cases where extreme fire danger, or unique hazardous circumstances exist.

 

(e) For releases subject to the notification requirements of paragraph (a) of this Section, the responsible party or delegate shall, within 15 business days following a release, submit a complete written report to the Division describing:

 

  (i) The release;

 

  (ii) Final disposition of the spill and all contaminated materials;

 

  (iii) Sampling results if sampling was required to comply with Departmental regulations; and

 

  (iv) Steps taken to prevent the release from reoccurring.

 

 (f) If sampling was required to comply with Departmental regulations and sampling results cannot be received within the 15-business-day period, the responsible party or delegate may apply to the Administrator for an extension of the reporting deadline. If the Administrator approves the extension request, the Administrator will notify the responsible party or delegate in writing.

 

 Section 5. Compliance Liability.

 

 Compliance with these regulations does not exempt the responsible party from the penalty provisions of W.S. § 35-11-901.

 

 Section 6. Use of Chemicals.

 

 The responsible party or delegate shall not use chemicals to disperse, coagulate, collect, sink, or otherwise treat oil or hazardous substance releases except in emergency situations where the oil or hazardous substance release poses an immediate or substantial danger to human or animal health or safety. The responsible party or delegate shall use these chemicals in a manner authorized by the Department.

 

 Section 7. Disposal.

 

 The responsible party or delegate shall handle and dispose of recovered oils, hazardous substances, or the contaminated materials resulting from the containment, clean up, or treatment of a release in a manner authorized by the Water Quality Division and the Department of Environmental Quality, Solid and Hazardous Waste Division.

 

 Section 8. Incorporation by Reference.

 

 (a) These regulations incorporate by reference the following statutes, rules, and regulations in effect as of July 1, 2024:

 

  (i) Table 302.4 of 40 C.F.R. §302.4, List of Hazardous Substances and Reportable Quantities, available at http://www.ecfr.gov.

 

 (b) For these regulations incorporated by reference:

 

  (i) The Environmental Quality Council has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

 

  (ii) This Chapter does not incorporate later amendments or editions of incorporated codes, standards, rules, and regulations; and

 

  (iii) All incorporated codes, standards, rules, and regulations are available for public inspection at the Department's Cheyenne office. Contact information for the Cheyenne office may be obtained at http://deq.wyoming.gov or from (307) 777-7937.