020-1 Wyo. Code R. §§ 1-44 - Delivery Prohibition

(a) Reasons for Restricting Delivery. Regulated substance delivery prohibition to a storage tank system shall be required when the department becomes aware that:

(i) The owner and/or operator has not performed leak detection on the tanks as required in Part D for any period exceeding 60 days;

(ii) The most recently required cathodic protection test has not been done within 90 days of the due date as required by Section 11(b);

(iii) A cathodic protection test done in accordance with Section 11 has failed and has not been repaired and re-tested within 90 days of the date when the original failing result was obtained;

(iv) The most recently required pressure test of the lines has not been done as required by Section 14(g)(i)(B) or Section 14(g)(ii) (as applicable) within 90 days of the date due;

(v) The most recently required functional test of automatic line leak detectors has not been done as required by Section 14(g)(i)(B) or Section 37 within 90 days of the date due;

(vi) The owner and/or operator has failed to report a suspected release under Section 19 when required by Part D and/or Section 19;

(vii) The owner and/or operator has reported a suspected release under Section 19 but has failed to initiate the release investigation required under Section 20 or 21;

(viii) The owner and/or operator has reported a confirmed release, but repairs have not been made to the storage tank system;

(ix) The owner and/or operator has failed to pay the storage tank registration fee, which is due on January 1 of each year, by April 1 of the year when due;

(x) The owner and/or operator has failed to follow any Order issued by the department, unless that Order is under appeal to the Environmental Quality Council;

(xi) Any required monitoring device has been purposely tampered with or turned off (unless it is being repaired);

(xii) Any record required to be kept under this Chapter has been falsified;

(xiii) Any regulated tank is discovered without overfill and spill prevention devices in place as required by Sections 6(c) or 35(f);

(xiv) Any regulated tank, or any piping or ancillary equipment that routinely contains product and is not isolated from ground contact, is discovered without corrosion protection or cathodic protection systems in place as required by Sections 6(a)(ii), 6(b)(ii), or 35(d);

(xv) Any regulated AST has not been fully upgraded in accordance with Part I;

(xvi) The operator's annual inspection has not been performed within 90 days of the due date as required by Section 13(g) or Section 36(f);

(xvii) The department becomes aware that there has been no licensed Class A or B Operator for a facility for 90 days or more; or the Class B Operator has not been retrained per Section 46(i) within 90 days of a Notice of Violation being issued.

(xviii) Repaired tanks and piping have not been tightness tested within 30 days of repair completion;

(ixx) Cathodic protection impressed current systems have not been inspected at least every 60 days;

(xx) A storage tank system has been installed or substantially modified and is being operated without written authorization by the department; or

(xxi) Spill prevention equipment, containment sumps, or overfill prevention device testing has not been completed within 60 days of the due date as required in Section 10(d); or

(xxii) Pressurized piping is being operated without an automatic line leak detector in accordance with Section 14(g)(i)(B).

(b) Delivery Prohibition Procedures. When any of the delivery prohibition reasons in Section 44(a) exist, the department shall issue an Administrative Order to prohibit deliveries of the regulated substance.

(i) The department shall obtain, from the Wyoming Fuel Tax Administration, the names of suppliers of record for any facility that is the subject of an Administrative Order under this subsection. Those suppliers shall also be ordered not to deliver regulated substances in the Administrative Order.

(ii) Administrative Orders issued under this Part shall include the following information:

(A) The name of the owner and/or operator of the storage tank system;

(B) The street address of the facility where the storage tank system is located;

(C) The Storage Tank Program facility ID number;

(D) The specific tanks at the facility that are affected; and

(E) The reason for the delivery prohibition.

(iii) An Administrative Order issued under this Section is final as soon as it is signed by the Director. Administrative Orders may be appealed to the Environmental Quality Council.

(iv) The department shall immediately issue a Notice of Compliance to all entities covered by the Administrative Order that lifts the prohibition when the facility has been returned to compliance. Such notice shall include the same information required in Section 44(b)(ii)(A) through (D).

(c) Posting on the Internet. The department shall immediately post a copy of the Administrative Order on its website whenever a facility is prohibited from accepting deliveries of regulated substances. The department shall also post a Notice of Compliance on its website when the prohibition has been lifted. The notice shall state which tanks at the facility are affected.

(d) Red Tagging. The department may, at any time after issuing an Administrative Order under this Part, place a tag on the affected tanks stating:

"DELIVERY PROHIBITION

Deliveries of any regulated substance to this tank have been prohibited by the State of Wyoming, Storage Tank Program. Delivery of any regulated substance to this tank while the delivery prohibition exists is a violation of Chapter 1, Storage Tank Program, Solid and Hazardous Waste Division Rules and Regulations, Storage Tanks, Part K."

(e) Violation of this Part. It is a violation of this Part for any person to purchase a regulated substance for delivery to, or to deliver a regulated substance to, any storage tank that is the subject of any Administrative Order issued under this Part.

(f) One-Time Fuel Delivery Allowance. The department may issue a one-time fuel delivery allowance to a tank prohibited from receiving a delivery so the owner and/or operator can perform tank and line tightness testing. This delivery shall be for the minimum amount of fuel needed to perform the required test.

Notes

020-1 Wyo. Code R. §§ 1-44

Adopted, Eff. 6/29/2018.