(a) Authority. This regulation is promulgated pursuant to Wyoming Statute 35-11-101 through 35-11-1803, and specifically 35-11-301(a) (i), (ii), and (iv), and 35-11- 302 (a) (ii), (iii) and (v) and regulations adopted pursuant to Section 402(b) of the Federal Water Pollution Control Act (Clean Water Act) and amendments to that Act through July 1, 2004 for the purpose of instituting a permit issuance program in conformity with the requirements of the Environmental Quality Act and the National Pollutant Discharge Elimination System (NPDES), for point source discharges into surface waters of the state. Nothing in these regulations is intended to expand the scope of the Environmental Quality Act, as limited in W.S. W.S. 35-11-1104 nor do these regulations supersede or abrogate the authority of the state to appropriate quantities of water for beneficial uses.
(b) Incorporation by reference. Throughout these regulations, standards and requirements promulgated by the US Environmental Protection Agency (EPA) have been adopted and incorporated by reference. All references are from the Code of Federal Regulations dated July 1, 2004, unless otherwise noted. This incorporation does not include later amendments or editions of the incorporated material.
Applicable federal regulations related to the states NPDES primacy include: 40 CFR Parts 122, 123, 124, 125, 129, 133, 136 and Subchapter N (parts 400 through 471). State program authority does not include pretreatment or biosolids requirements. Implementation of and authority over the pretreatment and biosolids requirements remain with the U.S. EPA.
(c) Purpose. The purpose of these rules and regulations is to establish a permitting system for the issuance of permits as authorized pursuant to Section 402(b) of the Clean Water Act (CWA), 33 U.S.C. § 1342(b), as amended in 1987. This permitting system provides the mechanism for establishing effluent limitations in WYPDES permits which specify maximum amounts or concentrations of pollution and wastes which may be discharged into surface waters of the state.
020-2 Wyo. Code R. § 2-1