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Burden Reduction Initiative 71 FR 16862

- 16915 April 4, 2006 (RCRA Cluster XVI , HSWA/Non

- HSWA)

Name of State: Washington
State Statutory

Authority : Chapter 70.105 RCW
Title of Regulations : Chapter 173

- 303 WAC Effective Date: July 31, 2009
Date Checklist Completed: May 10, 2010

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION STATE ANALOG IS:

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IN SCOPE PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B DEFINITIONS DEFINITIONS † add “Performance Track member facility” 260.10

“ Performance Track member facility” 040

Performance Track member facility Definition added X

SUBPART C RULEMAKING PETITIONS † STANDARDS AND CRITERIA FOR VARIANCES FROM CLASSIFICATION AS A SOLID WASTE

remove paragraph (b)(2) 260.31 (b)(2) 017(5)(b)(ii)(B) Provision removed X
redesignate paragraphs (b)(3) through (b)(8) as (b)(2) through (b)(7) 260.31 (b)(2)

- (b)(7) 017(5)(b)(ii)(B) through (G) Provisions redesignated X

PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE SUBPART A GENERAL † EXCLUSIONS replace “submits to the Regional Administrator or State Director” with “prepares” in the first sentence ; replace “for a period of no less than 3 years from the date specified in the notice” with “until closure of the faci lity” in the second sentence 261.4( a)(9)(iii)(E) 071(3)(w)(iii)(E) More stringent because we require that a notification be submitted to the department. X

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insert a comma after “March 15 of each year” ; remove “estimates the number of studies

... during the current year, and” 261.4(f)(9) 071(3)(s) (ix) More stringent because we require submittal of a report detailing (for the current year) estimated number of treatability

studies and expected amount of waste used for the studies. X

PART 264 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES SUBPART B GENERAL FACILITY STANDARDS † GENERAL INSPECTION REQUIREMENTS

remove “any” before “operator error” in the second sentence ; add

“ , except for Performance Track member facilities

... as described in paragraph (b)(5) o f this section” to the end of the third sentence 264.15(b)(4) 320 (2)(c) More stringent because we don’t allow reduced inspection frequencies for Performance Track facilities. X

add new paragraph (b)(5) : Performance Track member facilities that choos e to reduce their inspection frequency

must: 264.15(b)(5)

introductory paragraph No direct analog , but

related analog is WAC 173

- 303

- 320(2)(c ). State is more stringent since

we don’t allow reduced inspection frequencies for Performance Track facilities. X

submit a Class I permit modification request 264.15(b)(5)(i) No direct analog, but related analog is WAC 173

- 303

- 320(2)(c). State is more stringent since

we don’t allow reduced inspection frequencies for Performance Track facilities. X

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d irector will notify

of decision within 60 day s ; notice and copy of application in operating record 264.15(b)(5)(ii) No direct analog, but related analog is WAC 173

- 303

- 320(2)(c). State is more stringent since

we don’t allow reduced inspection frequencies for Performance Track facilities. X

discontinuation of Performance Track membership must immediately

notify Director of change in status ; dated notice in operating record 264.15(b)(5)(iii) No direct analog, but related analog is WAC 173

- 303

- 320(2)(c). State is more stringent since

we don’ t allow reduced inspection frequencies for Performance Track facilities

. X

PERSONNEL TRAINING †

add new sub paragraph (a)(4) : For facility employees receiving emergency

response training pursuant to OSHA regulations facility not required to provide separate emergency

response training 264.16(a)(4) No direct analog , but

r elated analog is WAC 173

- 303

- 330(1). State is m ore strin gent since we do not allow facilities to

use OSHA emergency

response training in place of dangerous waste requirements. X

SUBPART D CONTINGENCY PLAN AND EMERGENCY PROCEDURES CONTENT OF CONTINGENCY PLAN

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IN SCOPE † add the following to the end of the paragraph: “The owner or operator may develop one contingency

plan which meets all regulatory requirements. EPA recommends that the plan be based on the National Response Team’s Integrated Contingency

Plan Guidance (“One P lan”). When modifications are made to non

RCRA provisions in an integrated contingency

plan, the changes do not trigger the need for a RCRA permit modification.” 264.52(b)

350(2) Provision added that allows the owner or operator to develop one contingency

plan to meet all regulatory requirements. Ecology included the website

. X

† EMERGENCY PROCEDURES

remove old paragraph (i) and redesignate old paragraph (j) as (i) 264.56(i) 360(2)(j) More stringent because we retained this paragraph requiring notification that the post

emergency procedures have been completed. X

SUBPART E MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING † OPERATING RECORD

replace “ until closure of the facility” with “for three years unless noted as follows” 264.73(b) 380(1) More stringent because we continue to require record retention until closure of the facility

. X

add “ of this part. This information

... until closure of the facility” after “appendix I” 264.73(b)(1) 380(1)(a) X

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IN SCOPE replace “of” with “that shows” after “diagram” in the second sentence;

remove “specific” after “cross

references to” in the second sentence ; remove the comma after

“ document numbers” and replace the semicolon after “ a manifest” with a period; add to end of paragraph: “This information

... until closure of the facility

. ” 264.73(b)(2)

380(1)(b) X

remove “264.347” from the list of citations ; add to end of paragraph: “Maintain in the operating record

... until closure of the facility .” 264.73(b)(6) 380(1)(f) More stringent because we require in all cases record retention until facility closure. Also , we note that lab data required for specific rule sections must meet section 110 requirements. This was done because RCRA no longer requires use of SW

846 test methods for these sections. X

replace “§ 264.144

. ” with

“ § 264.144 of this part. This information must be maintained

... until closure of the facility ;” 264.73(b)(8) 380(1)(g) X

remove parentheses around phrase

“ and date of placement”; insert “of this chapter” after each of the following citations: “§ 268.5”, “§ 268.6”, “§ 268.8” , and “§ 268.7” ; add to end of paragraph: “This information must be maintained

... until closure of the facility ;” 264.73(b)(10)

380(1)(i) X

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add new paragraph (b)(18) :
m onitoring, testing or analy tical data where required by

§ 264.347 must be maintained in the operating record for five years. 264.73(b)(18) No direct analog , but state is more stringent because related analog WAC 173

- 303

- 380(1)(f) requires data retention until facility closure

. X

add new paragraph (b)(19) :
c ertification s as required by § 264.196(f) must be maintained in the operating record until closure of the facility

. 264.73(b)(19) No analog

SUBPART F RELEASES FROM SOLID WASTE MANAGEMENT UNITS DETECTION MONITORING PROGRAM † remove the second sentence beginning with “A sequence of at least four samples . . .” 264.98(d) 645(9)(d) X
†
replace “part 264” with “this part” in the first sentence ; add to end of paragraph : “ However, the Regional Administrator,

... waste constituents.” 264.98(g)(2) 645(9)(g)(ii) The state rule differs slightly because it notes the ground

water monitoring list is found in the state publication “Chemical Test Methods”. X

† insert “ or at an alternative site

specific schedule approved by the Administrator” after “within one month” in the first sentence ; replace “found pursuant to” with “in” before the second occurrence of “paragraph (g)(2)” 264.98(g)(3)

645(9)(g)(iii) X

† COMPLIANCE MONITORING PROGRAM

remove the second sentence beginning with “A sequence of at least four samples . . .” 264.99(f) 645 (10)(f) X

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revise; Annually determine whether additional hazardous constituents from Appendix IX are present in the uppermost aquifer ; consult with the Regional Administrator to determine enhanced sampling event ; report concentration of additional constituents within seven days and add them to the monitoring list 264.99(g) 645 (10)(g)

645(10)(h) (ii i)(A )& ( B) were also updated to correspond to federal rule when “(h)” was reinstated in its previous location. X

CORRECTIVE ACTION PROGRAM † replace “semi

- annually” with “annually” in the second sentence 264.100(g) 645(11)(g) More stringent because we require reports be submitted semi

- annually

. X

SUBPART G CLOSURE AND POST

- CLOSURE CLOSURE; TIME ALLOWED FOR CLOSURE † replace “semi

- annually” with “annually” and “that describe” with “describing” 264.113(e)(5) 610 (4) (e)(v) State is m ore stringent because we require reports be submitted semi

annually

. X

CERTIFICATION OF CLOSURE 1 † replace “ an independent registered professional engineer” with “a qualified Professional Engineer” in the second sentence ; and “independent registered professional engineer’s” with “Professional Engineer’s” in the third sentence 264.115 610(6) More stringent beca use we require use of an independent engineer to prepare certification. X

CERTIFICATION OF COMPLETION OF POST

- CLOSURE CARE † replace “an independent registered professional engineer” with “a qualified Professional Engineer” in the second sentence ; and “independent registered professional engineer’s” with “Professional En gineer’s” in the third sentence 264.120 610(11) More stringent because we require use of an independent engineer to prepare certification. X

SUBPART H FINANCIAL REQUIREMENTS FINANCIAL ASSURANCE FOR CLOSURE

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IN SCOPE † replace “an independent registered professional engineer” with “a qualified Professional Engineer” in the first sentence 264.143(i) 620(4)(b) X

FINANCIAL ASSURANCE FOR POST

- CLOSURE CARE † replace “ an independent registered professional engineer” with “a qualified Professional Engineer” in the first sentence 264.145(i) 620(6)(b) X

LIABILITY REQUIREMENTS † replace “an independent registered professional engineer” with “ a qualified Professional Engineer” in the first sentence 264.147(e) 620(8)(e) X

SUBPART I USE AND MANAGEMENT OF CONTAINERS INSPECTIONS † insert “except for Performance Track member facilities,

... of this part” after “where containers are stored,” ; replace “looking for” with

“ The owner or operator must look for” 264.174 630(6) More stringent because we did not include exceptions for Performance Track facilities. X

SUBPART J TANKS SYSTEMS † ASSESSMENT OF EXISTING TANK STSTEM’S INTEGRITY

replace “an independent registered professional engineer” with “a qu alified Professional Engineer” 264.191(a) 640(2)(a) More stringent because we require use of an independent engineer to prepare certification. X

replace “ an independent registered professional engineer” with “a qualified Professional Engineer” 264.191(b)(5)(ii) 

### 640(2)(c)(v)(B) More stringent because we require use of an independent engineer to prepare certification. X

† 

### DESI GN AND I

NSTALLATION OF NEW TANK SYSTEMS OR COMPONENTS

replace “an independent registered professional engineer” with “a qualified Professional Engineer” in the first sentence 264.192(a) introductory paragraph 640(3)(a)

More stringent because we require use of an independent engineer to prepare certification. X

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replace “an independent registered professional engineer” with “a qualified Professional Engineer” in the second sentence. 264.192(b) introductory paragraph 640(3)(c)

More stringent because we require use of an independent engineer to inspect new tank systems. X

† CONTAINMENT AND DETECTION OF RELEASES
insert “ and existing” after “For all new” 264.193(a)(1) 640 (4)(a)(i) R evised to match federal language X

remove paragraphs (a)(2) through (a)(4) ; redesignate paragraph (a)(5) as (a)(2) and completely revise ; For tank sy stems that store or treat materials that become hazardous wastes, within two years of the hazardous waste listing, or when the tank system has reached 15 ye ars of age, whichever comes later 264.193(a)(2)

640(4)(a)(ii ) R evised to match federal language X

replace “an independent registered professional engineer” with “a qualified Professional Engineer” in the first sentence 264.193(i)(2) 640 (4) (a) (i) , (ii) More stringent because we require

an “independent” engineer to assess tanks X

† INSPECTIONS 2 remove subparagraphs (b) ( 1) through (b)(3); completely revise; inspect data gathered from monitoring and leak detection equipment 264.195(b) 640(6)(b) and 640(6)(b) (ii) X

r edesignate existing paragraphs (c) and (d) as (g) and (h) without revision ; add new paragraph s ( c ) through (f); Owner or operator must inspect at least once each operating day : 264.195(c) introductory paragraph 640(6)(b)

More stringent because n o exception is given from daily inspections X

above ground portions of tank sy stem; construction materials and externally accessible portion of the tank system 264.195(c)(1)
640 (6) (b)(i) X

construction materials and the area surrounding externally

accessible portion of the tank system 264.195(c)(2) 640 (6) (b)(iii) X

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at least weekly

inspections when using leak detection systems or established workplace practices ; alternate in spection schedule documentation 264.195(d) No analog Related analog is 640(6)(b). State is

m ore stringent because we don’t allow reduced inspection frequency

. X

p erformance Track member facilities may

inspect less frequently

upon approval of D irector; application procedures 264.195(e) No analog Related analog is 640(6)(b). S tate is

m ore stringent because we don’t allow reduced inspection frequency for Performance Track facilities.

. X

ancillary equipment inspected at least once each operating day 264.195(f) 640(4)(f) and 640(6)(b) We did not adopt this specific rule, although we require daily inspection of ancillary equipment without secondary containment. X

redesignate existing paragraphs (c) and (d) as (g) and (h) without revision 264.195(g) and (h) 640(6)(c) 640(6)(d) More stringent because we have additional detailed requirements for inspection logs. X X

RESPONSE TO LEAKS OR SPILLS AND DISPOSITION OF LEAKING OR UNFIT

- FOR

- USE TANK SYSTEMS † replace “an independent, qualified, registered, professional engineer” with “a qualified Professional Engineer” in the first sentence; replace the second sentence with “This certification must be

... until closure of the facility .” 264.196(f) 640(7)(f) More stringent because we require an independent enginee r to certify major tank repairs and submit a letter to the department. X

SUBPART L WASTE PILES DESIGN AND OPERATING REQUIREMENTS

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IN SCOPE † remove the following three phrases : “on which construction ... January 29, 1992”, “on which construction ...July 29, 1992” and “ that is to commence ... July

29, 1992”; remove definition of “Construction commences” 264.251(c) introductory paragraph 660(2)(j)

Removed dates X

SUBPART M LAND TREATMENT CLOSURE AND POST

- CLOSURE CARE † replace “an independent reg istered professional engineer” with “a qualified Professional Engineer”. 264.280(b) 655(8)(b) More stringent because we require use of an independent engineer for closure certification X

SUBPART N LANDFILLS † SPECIAL REQUIREMENTS FOR BULK AND CONTAINERIZED LIQUIDS 3

remove paragraph (a) ; redesignate paragraph (b) as (a); remove “Effective May

8, 1985,” and capitalize “The” at the beginning of the paragraph 264.314(a) 140(4)(b)(i) Removed the reference to 264.314(a)

. Removed obsolete dates Also changed “hazardous” to “dangerous” X

redesignate paragraphs ( c ) through ( e ) as (b ) through ( d)

. 264.314(b)

- ( d) 140(4)(b)(i) through (v) No re

- designation necessary because of the way we had incorporated 264.314(a) by reference X

redesignate 264.314 (f) as 264.314(e) ; in the introductory paragraph replace “Effective November 8, 1985, the ” with “The”; remov e the comma after “determines” 264.314(e) introductory paragraph 140(4)(b)(v)

Removed obsolete dates Also changed “hazardous” to “dangerous” X

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old 264.314(f)(1) and (f)(2) redesignated as (e)(1) and (e)(2) 264.314(e)(1) and (e)(2) 140(4)(b) (v) (A) and

(B) No re

- designation necessary because of the way we had incorporated 264.314(a) by reference X

SUBPART O INCINERATORS PERFORMANCE STANDARDS †

remove italics from “

-p
- dioxins” in the second sentence and remove last sentence 264.343(a)(2) 670(4)(a)(ii) More stringent because owner must notify the department of intent to burn dioxin/furan wastes X

MONITORING AND INSPECTIONS † replace “log” wi th “record”; add “of this part and maintained in the operating record for five years

. ” after “§ 264.73” 264.347(d) 670(7)(c) More stringent becaus e monitoring data is retained until closure of the facility X

SUBPART S SPECIAL PROVISIONS FOR CLEANUP STAGING PILES † replace “an independent, qualified, registered professional engineer” with “ a qualified Professional Engineer” 264.554(c)(2) 64690 IBR 045 (1) X

SUBPART W DRIP PADS † ASSESSMENT OF EXISTING DRIP PAD INTEGRITY replace “an independent, qualified registered professional engineer” with “a qualified Professional Engineer” ; remove “of this subpart” after both instances of “§ 264.573” and after “ § 264.573(b) ” in the last sentence 264.571(a) 675(2)(a) More stringent because an independent engineer must be used for certifying the assessment of drip pad X

remove “ of this subpart” after “§ 264.573(b)” and “§ 264.573” ; replace “an independent qualified registered professional engineer” with “a qualified Professional Engineer” 264.571(b) 675(2)(b) More stringent because an independent engineer must be used for certifying a drip pad modification plan X

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replace “an independent qualified registered professional engineer” with “a qu alified Professional Engineer” 264.571(c) 675(2)(c) More stringent because an independent engineer must be used for certifying drip pad

as
-built drawings. X

† DESIGN AND OPERATING REQUIREMENTS

replace “an independent, qualified registered professional engineer” with “a qualified Professional Engineer” 264.573(a)(4)(ii) 675(4)(a) (iv)(B) More stringent because an independent engineer must be used for certifying assessment of drip pad X

replace “an independent, qualified registered professional engineer” with “a qualified Professional Engineer” 264.573(g) 675(4)(g) More stringent because an independent engineer must be used for certifying drip pad design X

INSPECTIONS

replace “an independent qualified registered professional engineer” with “a qualified Professional Engineer” 264.574(a) 675(5)(a) More stringent because an independent engineer must be us ed for certifying drip pad liners X

SUBPART BB AIR EMISSIONS STANDARDS FOR EQUIPMENT LEAKS † ALTERNATIVE STANDARDS FOR VALV ES IN GAS/VAPOR SERVICE OR IN LIGHT LIQUID SERVICE: PERCENTAGE OF VALVES ALLOWED TO LEAK

remove paragraph (b)(1) ; redesignate paragraphs (b)(2) and (b)(3) as (b)(1) and (b)(2) without revision 264.1061(b)(1) and (b)(2) 691(2) IBR

045 (1) X

remove paragraph (d). 264.1061(d) 691(2) IBR 045 (1) X ALTERNATIVE STANDARDS FOR VALVES IN GAS/VAPOR SERVICE OR IN LIGHT LIQUID SERVICE: SKIP PERIOD LEAK DETECTION AND REPAIR † redesignate paragraph (a)(1) as (a) without revision; remove paragraph (a)(2) 264.1062(a) 691(2) IBR 045 (1) X

SUBPART DD CONTAINMENT BUILDINGS APPLICABILITY

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r emove the second sentence. 264.1100 introductory paragraph 695 IBR

045 (1) X
† DESIGN AND OPERATING STANDARDS

completely

r evise ; certification by qualified PE that containment building design meets requirements of paragraphs (a), (b), and (c) 264.1101(c)(2) 695 IBR 045 (1) More stringent because an independent registered engineer must be used for certifying containment building design X

† insert “except for Performance Track member facilities that must inspect at least once each month, upon approval by

the Director,” after “every

seven days” ; add “To apply for reduced inspection frequency

... follow the procedures described in § 264.15(b)(5).” to end of paragraph 264.1101(c)(4)

695 IBR 045 (1) X

PART 265 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES SUBPART B GENERAL FACILITY STANDARDS † GENERAL INSPECTION REQUIRMENTS

remove “any” before “operator error” in second sentence ; add “ , except for Performance Track member facilities

... as described in paragraph (b)(5) of this section” to end of third sentence ; remove “of this part” after “ 265.1090 ” in last sentence 265.15(b)(4) 320(2)(c) More stringent because we d on’t allow Performance Track facilities reduced inspectio n frequencies

. X

add new paragraph (b)(5): Performance Track member facilities choosing to reduce their inspection frequency

must: 265.15(b)(5)

introductory paragraph No direct analog, but

r elated analog is 320(2)(c). State is more stringent since

we d on’t allow Performance Track facilities reduced inspectio n frequencies

. X

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submit application; identify units and proposed inspection frequency ; at least monthly

inspections 265.15(b)(5)(i) No direct analog, but related analog is WAC 173

- 303

- 320(2)(c). State is more stringent since we don’t allow reduced inspection frequencies exception for Performance Track facilities. X

d irector will no tify

of decision within 60 day s; notice and copy of application in operating record 265.15(b)(5)(ii) No direct analog, but related analog is WAC 173

- 303

- 320(2)(c). State is more stringent since we don’t allow reduced inspection frequencies for Performance Track facilities. X

discontinuation of Performance Track membership must immediately

notify Director of change in status ; dated notice in operating record 265.15(b)(5)(iii) No direct analog, but related analog is WAC 173

- 303

- 320(2)(c). State is more stringent since we don’ t allow reduced inspection frequencies for Performance Track facilities. X

PERSONNEL TRAINING †

add new paragraph (a)(4): For facility employees receiving emergency

response training pursuant to OSHA regulations facility not r equired to provide separate emergency

response training. 265.16(a)(4) No direct analog, but related analog is WAC 173

- 303

- 330(1). State is more stringent since we do not allow facilities to

use OSHA emergency

response training in place of dangerous waste requirements. X

SUBPART D CONTINGENCY PLAN AND EMERGENCY PROCEDURES CONTENT OF CONTINGENCY PLAN

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add to end of paragraph : “The owner or operator may develop one contingency

plan

... for a RCRA permit modification.” 265.52(b) 350(2) Ecology adopted the provision that allows the owner or operator to develop one contingency

plan to meet all regulatory requirements. Ecology included the website

. X

EMERGENCY PROCEDURES †

R emove old paragraph (i) ; redesignate old paragraph (j) as (i) 265.56(i) 360(2)(j) More stringent because we retained facility requirements to notify Ecology when post

emergency procedures have been completed. X

SUBPART E MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING † OPERATING RECORD

replace “ until closure of the facility” with “for three years unless noted below”. 265.73(b) introductory paragraph 380(1)

More stringent because we continue to require record retention until closure of the facility

. X

replace “appendix I;” with

“ Appendix I to part 265.” ; add to end of paragraph : “This information must be

... closure of the facility ;” 265.73(b)(1)
380(1)(a) X

remove “specific” after “cross

references to” ; remove the comma after “document numbers” and replace semicolon after “ a manifest” with a period; add to end of paragraph : “This information must be

... until closure of the facility ;” 265.73(b)(2)

380(1)(b ) X

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in first sentence remove the references 265.90, 265.222, 265.223, and 265.259 , insert a comma after “265.302” , remove “through” prior to “ 265.304 ” , add reference to 265.224 in numerical order ; and remove “of this part” after “265.1090” ; add to end of paragraph : “Maintain in the operating record for three years

... until closure of the facility .” 265.73(b)(6) 380(1)(f) More stringent because we require in all cases record retention until facility closure. Also, we note that lab data requi red for specific rule sections must meet section 110 requirements. This was done because RCRA no longer requires use of SW

846 test methods for these sections. X

add to end of paragraph : “must be maintained

... until closure of the facility ;” 265.73(b)(7) 380(1)(g) X

insert “of this chapter” after “§ 268.5”, “§ 268.6”, “§ 268.8”, and “§ 268.7(a)” ; add to end of paragraph : “All of this information

... until closure of the facility .” 380(1)(i) X

add new paragraph (b)(15 ): maintain in operating record until closure; m onitoring, testing or analy tical data, and corrective action where required by

§§ 265.90, 265.93(d)(2), and 265.93(d)(5), and §265.196(f) certification 265.73(b)(15) 380 (1)(f) More stringent because lab data required for specific rule sections must meet section 110 requirements. This was done because RCRA no longer requires use of SW

846 test methods for these sections. X

SUBPART F GROUND

- WATER MONITORING † APPLICABILITY

replace “ submit to the Regional Administrator” with “develop” ; add “This plan

... until closure of the facility .” to end of paragraph. 265.90(d)(1) 400(3)(a) IBR 045(1) 400(3)(c)(v)(A) More stringent because the plan must be submitted to Ecology X

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replace “ and submit a written report” with “ a report”; add “ and place

... until closure of the facility .” to end of paragraph 265.90(d)(3) 400(3)(a) IBR 045(1) 400(3)(c)(v)(B ) More stringent because the plan must be submitted to Ecology X

† PREPARATION, EVALUATION, AND RESPONSE

remove “and submit” and “program” ; add to end of paragraph : “This plan must

... until closure of the facility .” 265.93(d)(2) 400(3)(a) IBR 045(1) 400(3)(c)(v)(D ) More stringent because the plan must be submitted to Ecology X

replace “, within 15 days after that determination, submit to the Regional Administrator a written” with “prepare a” ; add to end of paragraph : “This report must

... until closure of the facility .” 265.93(d)(5) 400(3)(a) IBR 045(1) 400(3)(c)(v)(E ) More stringent because the plan must be submitted to Ecology X

SUBPART G CLOSURE AND POST

- CLOSURE CARE CLOSURE; TIME ALLOWED FOR CLOSURE †
replace “semi

- annual” with annual”; replace “that describe” with “describing” 265.113(e)(5) 400(3)(a) IBR 045(1) 400(3)(c)(v i)(C ) More stringent because semi

- annual reports must be submitted X

CERTIFICATION OF CLOSURE † replace “ an independent registered professional engineer” with “a qualified Professional Engineer” in second sentence ; replace “independent registered professional engineer’s” with “a qualified Professional Engineer’s” in third sentence 265.115 400(3)(a) IBR 045(1 ) 400(3)(c)(vi)(D) More stringent because an independent engineer must be used for certifying closure X

CERTIFICATION OF COMPLETION OF POST

- CLOSURE CARE

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closure. X

SUBPART H FINANCIAL REQUIREMENTS FINANCIAL ASSURANCE FOR CLOSURE †

replace “an independent registered professional engineer” with “a qualified Professional Engineer” 265.143(h) 400(3)(a) IBR 045(1) 400(3)(c)(vii)(C ) More stringent because an independent engineer must be used for certifying closure X

FINANCIAL ASSURANCE FOR POST

- CLOSURE CARE †

replace “an independent registered professional engineer” with “ a qualified Professional Engineer” 265.145(h) 400(3)(a) IBR 045(1) 400(3)(c)(vi i )(D) More stringent because an independent engineer must be used for certifying post

closure X

LIABILITY REQUIREMENTS †

replace “ an independent registered professional engineer” with “a qualified Professional Engineer” 265.147(e) 400(3)(a) IBR 045(1) 400(3)(c)(vii)(E ) More stringent because an independent engineer must be used for certifying closure X

SUBPART I USE AND MANAGEMENT OF CONTAINERS INSPECTIONS

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IN SCOPE † completely

revise; weekly inspections of container storage areas; Performance Track facilities inspect once a month; application for reduced inspection frequency ; Comment regarding remedial action 265.174 400(3)(a) IBR 045(1) 400(3)(c)(vi ii)(A ) More stringent because performance track facilities are not allowed reduced inspections frequencies

. X

SUBPART J TANK SYSTEMS † ASSESSMENT OF EXISTING TANK SYSTEM’S INTEGRITY

replace “ an independent, qualified, registered, professional engineer” with “a qualified Professional Engineer” in the second sentence 265.191(a) 400(3)(a) IBR 045(1) 400(3)(c)(ix)(B ) More stringent because we require use of an independent engineer to prepare certification. X

replace “an independent, qualified, registered, professional engineer” with “a qualified Professional Engineer” 265.191(b)(5)(ii) 400(3)(a) IBR 045(1) 400(3)(c)(ix)(C ) More stringent because we require use of an independent engineer to prepare certification. X

† DESIGN AND INSTALLATION OF NEW TANK SYSTEMS OR COMPONENTS

replace “an independent, qualified, registered, professional engineer” with “ a qualified Professional En gineer” in the second sentence 265.192(a) introductory paragraph 400(3)(a) IBR

045(1) 400(3)(c)(ix )(D) More stringent because we require use of an independent engineer to prepare certification. X

replace “ an independent, qualified, registered, professional engineer” with “a qualified Professional Engineer” in the second sentence. 265.192(b) introductory paragraph 400(3)(a) IBR

045(1) 400(3)(c)(ix)(E ) More stringent because we require use of an independent engineer to inspect new tank systems. X

† CONTAINMENT AND DETECTION OF RELEASES

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insert “and existing” after “all new” 265.193(a)(1) 400(3)(a) IBR 045 (1) X
remove paragraphs (a)(2) through (a)(4); redesignate paragraph (a)(5) as (a)(2) and completely

revise; For tank sy stems that store or treat materials that become hazardous wastes, within two years of the hazardous waste listing, or when the tank system ha s reached 15 ye ars of age, whichever comes later 265.193(a)(2)

400(3)(a) IBR 045 (1) X

replace “an independent, qualified, registered, professional engineer” with “a qualified Professional Engineer” in the second sentence. 265.193(i)(2) 400(3)(a) IBR 045 (1) 400(3)(c)(ix)(G) More stringent because we require an independent engineer to assess tanks X

† INSPECTIONS 5 r emove subparagraphs (a)(1) through (a)(5); completely revise; inspect data gathered from monitoring and leak detection equipment 265.195(a) 400(3)(a) IBR 045 (1) X

redesignate existing paragraphs (b) and (c) as (f) and (g) without revision; add new paragraphs (b) through (e); owner or operator must inspect at least once each operating day : 265.195(b) introductory paragraph 400(3)(a) IBR

045 (1) 400(3)(c)(ix)(H) and (I) The state is more stringent because we don’t allow reduced inspection frequencies X

overfill/spill control equipment; 265.195(b)(1) 400(3)(a) IBR 045 (1) X above ground portions of tank sy stem; 265.195(b)(2) 400(3)(a) IBR 045 (1) X
construction materials and the area surrounding externally

accessible portion of the tank system 265.195(b) ( 3 ) 400(3)(a) IBR 045 (1) X

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at least weekly

inspections when using leak detection systems or established workplace practices; alternate inspection schedule documentation 265.195(c) No direct analog , but related analog 400(3)(c)(ix)(I)

. S tate is more stringent because it doesn’t allow reduced inspection frequencies X

Performance Track member facilities may

inspect less frequently

upon approval of Director; application procedures. 265.195(d) No direct analog, but related analog is 400(3)(c)(ix)(I). State is more stringent because it doesn’t allow reduced inspection frequencies for Performance Track facilities X

Ancillary equipment inspected at least once each operating day 265.195(e) 400(3)(a) IBR 045 (1) X

redesignate paragraphs (b) and (c) as (f) and (g) without revision 265.195(f) and (g) 400(3)(a) IBR 045 (1) X

RESPONSE TO LEAKS OR SPILLS AND THE DISPOSITION OF LEAKING OR UNFIT

- FOR

- USE TANK SYSTEMS †
replace “ an independent, qualified, registered, professional engineer” with “a qualified Professional Engineer” ; replace the last sentence with: “This certification is

... until closure of the facility .” 265.196(f) 400(3)(a) IBR 045 (1) ( 400(3)(c)(ix)(J) More stringe nt because we require use of an independent engineer and that a copy of the plan be submitted to the department X

† SPECIAL REQUIREMENTS FOR GENERATORS OF BETWEEN 100 ANS 1,000 KG/MO THAT ACCUMULATE HAZARDOUS WASTE IN TANKS

replace “Generators” with “Except as noted in paragraph (d) of this section, generators” 265.201(c) introductory paragraph 400(3)(a) IBR

045 (1) 400(3)(c)(ix)(K) The state is more stringent because 265.201(c ) was modified to remove exception phrase X

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IN SCOPE redesignate paragraphs (d)

- (f) as (f)

- (h) without revision; add new paragraphs (d) and (e): weekly inspections by

generators accumulating 100 to 1,000 kg/mo in tanks or tank systems with secondary containment; documentation of alternate inspection sch edule 265.201(d) No direct analog , but related analog 400(3)(c)(ix)(L) deletes paragraph d. State is more stringent since it did not incorporate alternate inspection schedules X

Performance Track facilities inspect less frequently

upon approval of Director; application procedures 265.201(e) No direct analog , but related analog 400(3)(c)(ix)(L) deletes paragraph e

. State didn’ t adopt these alternate inspection schedules for PT facilities X

redesignate paragraphs (d)

- (f) as (f)

- (h) without revision 265.201(f)

- (h) 400(3)(a) IBR 045 (1) X

SUBPART K SURFACE IMPOUNDMENTS DESIGN AND OPERATING REQUIREMENTS † r emove the following three phrases: “on which construction ... January 29, 1992”, “on which construction ...July 29, 1992” and “that is to commence ... July

29, 1992”; remove definition of “Construction commences” 265.221(a)

400(3)(a) IBR 045 (1) X

† RESPONSE ACTIONS 6 redesignate old section 265.223 titled “Response Actions” as 265.224. 265.224 400(3)(a) IBR 045 ( 1) X

6 in the first sentence, replace the text after “§265.221(a) must” with “develop and keep on

- site until closure of the facility

a response action plan” 265.224(a) 400(3)(a) IBR 045 (1) 400(3)(c)(x) 265.224(a) is modified by

adding requirement to submit plan to the department X

SUBPART L WASTE PILES RESPONSE ACTIONS

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IN SCOPE † in the first sentence, replace the text after “§265.254 must” with

“ develop and keep on

- site until closure of the facility

a response action plan” 265.259(a) 400(3)(a) IBR 045 (1) 400(3)(c)(xi)(A) 265.259(a) is modified to require submittal of response action plan to department X

SUBPART M LAND TREATMENT CLOSURE AND POST

- CLOSURE †
replace “an independent registered professional engineer” with “a qualified Professional Engineer” 265.280(e) 400(3)(a) IBR 045 (1) 400(3)(c)(xii)(B ) More stringent because an independent engineer must be used X

SUBPART N LANDFILLS DESIGN AND OPERATING REQUIREMENTS † remove the following three phrases: “on which construction ... January 29, 1992”, “on which construction ...July 29, 1992” and “that is to commence ... July

29, 1992”; remove definition of “ Construction commences” 265.301(a) 400(3)(a) IBR 045 (1) 400(3)(a)(xiii ) X

RESPONSE ACTIONS † in the first sentence, replace the text after “§265.301(a) must” with “develop and keep on

- site until closure of the facility

a response action plan” 265.303(a) 400(3)(a) IBR 045(1) 400(3)(a)(x iii)(B ) More stringent because a copy

of the response action plan must be submitted to the department X

† SPECIAL REQUIREMENTS FOR BULK AND CONTAINERIZED LIQUIDS 7 remove paragraph (a); redesignate paragraph (b) as (a); remove “Effective May

8, 1985,” and capitalize “The” at the beginning of the paragraph 265.314(a) 140(4)(b)(i) X

redesignate paragraphs (c) through (g) as (b) through (f). 265.314(b) through (f) 140(4)(b)(ii)

- (v) X

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IN SCOPE redesignate 265.314(g) as 265.314(f); in the introductory paragraph replace “Effective November 8, 1985, the” with “The”; remove the comma after “determines” 265.314(f) introductory paragraph 140(4)(b)(v) X

Old 265.314(g)(1) and (g)(2) redesignated as (f)(1) and (f)(2) 265.314(f)(1) and (f)(2) 140(4)(b)(v)(A) and

(B) X
SUBPART W DRIP PADS † ASSESSMENT OF EXISTING DRIP PAD INTEGRITY replace “an independent, qualified registered professional engineer” with “a qualified Professional Engineer”; remove “of this subpart” after each instance of “§ 265.440” and “§ 265.443”, and after § 265.443(b) in last sentence 265.441(a) 400(3)(a) IBR 045(1) 400(3)(c)(xviii)(A) More stringent because an independent eng ineer must be used X

remove “of this subpart” after each instance of “§ 265.443(b)” and “§ 265.443”; replace “an independent qualified registered professional engineer” with “a qualified Professional Engineer” 265.441(b) 400(3)(a) IBR 045(1) 400(3)(c)(xviii)(B ) More stringent because an independent engineer must be used X

replace “an independent, qualified registered professional engineer” with “a qualified Professional Engineer” 265.441(c) 400(3)(a) IBR 045(1) 400(3)(c)(xviii)(C ) More stringent because an independent engineer must be used. X

† DESIGN AND OPERATING REQUIREMENTS
replace “an independent, qualified registered professional engineer” with “a qualified Professional Engineer”; replace “subsection (b)” with “ paragraph (b) of this section” 265.443(a)(4)(ii) 400(3)(a) IBR 045(1) 400(3)(c)(xviii)(D ) More stringent because an independent engineer must be used. X

replace “an independent, qualified registered professional engineer” with “ a qualified Professional Engineer” 265.443(g) 400(3)(a) IBR 045(1) 400(3)(c)(xviii)(E ) More stringent because an independent engineer must be used. X

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IN SCOPE INSPECTIONS † remove “of this subpart” after “§ 265.443”; replace “an independe nt qualified, registered professional engineer” with “a qualified Professional Engineer” 265.444(a) 400(3)(a) IBR 045(1) 400(3)(c)(xviii)(F ) More stringent because an independent engineer must be used. X

SUBPART BB AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS † ALTERNATIVE STANDARDS FOR VALVES IN GAS/VAPOR SERVICE OR IN LIGHT LIQUID SERVICE: PERCENTAGE OF VALVES ALLOWED TO LEAK

remove paragraph (b)(1); redesignate paragraphs (b)(2) and (b)(3) as (b)(1) and (b)(2) without revision 265.1061(b)(1) and (2) 400(3)(a) IBR

045 (1) 400(3)(c)(xx )(B ) The state is more stringent be cause it retained paragraph (b)(1) ; previous (b)(1) was added as (b)(3) X X

remove paragraph (d). 265.1061(d) No direct analog but related analog 400(3)(c)(xx)(A ) retains paragraph (d) requiring facility

to provide written notification to the department X

ALTERNATIVE STANDARDS FOR VALVES IN G AS/VAPOR SERVICE OR IN LIGHT LIQUID SERVICE: SKIP PERIOD LEAK DETECTION AND REPAIR †

redesignate paragraph (a)(1) as (a) without revision and remove paragraph (a)(2) 265.1062(a) 400(3)(a) IBR 045(1) 400(3)(c)(xx)(C) The state is more stringent because it did not remove the provision at (a)(2); it was added to (a) X X

SUBPART DD CONTAINMENT BUILDINGS APPLICABILITY

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IN SCOPE † remove the second sentence 265.1100 introductory paragraph 400(3)(a) IBR

045 (1) X
† DESIGN AND OPERATING STANDARDS

completely

revise; certification by qualified PE that containment building design meets requirements of paragraphs (a), (b), and (c) 265.1101(c)(2) 400(3)(a) IBR 045(1) 400(3)(c)(xxii)(A) More stringent because we require certification by

an independent PE X

insert “except for Performance Track member facilities that must inspect at least once each month, upon approval by

the Director,” after “every

seven days”; add “ To apply for reduced inspection frequency ... follow the procedures described in § 264.15(b)(5).” to end of paragraph 265.1101(c)(4) 400(3)(a) IBR 045 (1) 400(3)(c)(xxii)(B) More stringent because we don’t allow alternative inspection schedule X X

PART 266 STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND

SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES SUBPART H HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES PERMIT STANDARDS FOR BURNERS † replace “ until closure of the facility” with “for five years” 266.102(e)(10) State is not authorized for BIFs † INTERIM STATUS STANDARDS FOR BURNERS replace “three years” with “five ye ars” 266.103(d) State is not authorized for BIFs replace “ until closure of the boiler or industrial furnace unit” with “for five years” 266.103(k) State is not authorized for BIFs
PART 268 LAND DISPOSAL RESTRICTIONS

SUBPART A GENERAL † TESTING, TRACKING, AND RECORDKEEPING REQUIREMENTS FOR GENERATORS, TREATERS, AND DISPOSAL FACILITIES

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IN SCOPE 8 insert “concurrently

with the hazardous waste determination required in § 262.11 of this chapter” after “can be made” in second sentence; replace “as referenced in § 260.11 of this chapter” with “(incorporated by reference, see § 260.11 of this chapter)” in third sentence; insert after third sentence: “(Alternatively , the generator must send the waste to a RCRA

permitted hazardous waste treatment facility ...and paragraph (b) of this section.) ” 268.7(a)(1)

140(2)(c) IBR 045(1) More stringent because we don’ t allow the alternative approach X

insert “or if the generator chooses not to make the determination of whether his waste must be treated,” after “treatment standards” in the first sentence; insert “of this section” after “paragraph (a)(4)” in second sentence; insert after second sentence: “(Alternatively , if the generator chooses not to make the determination ... treatment facility must make the determination.)” 268.7(a)(2)

140(2)(d) IBR 045(1) More stringent because we don’ t allow the alternative approach X

completely

revise: one time 268.7(b)(3) notice and (b)(4) certification for initial shipment of recyclable material used in a manner constituting disposal subject to 266.20(b); records of recipients of waste

- derived products 268.7(b)(6) 140(2)(e ) IBR 045(1) More stringent because we don’ t allow the alternative approach X

SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC † insert as the second sentence “This determination ... required in § 262.11 of this chapter.” insert “40 CFR” before “Part 261” in the parentheticals in the second and third sentences 268.9(a)
140(2)(a) IBR 045(1) X

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IN SCOPE † replace “generators and treaters” with “generator’s and treater’s” in first sentence; remove “that is placed in the generators and treaters files” from second sentence; remove third and fourth sentences 268.9(d) 140(2)(f) IBR 045(1) More stringent because Ecology requires notification that waste is no longer dangerous X

PART 270 EPA

- ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM SUBPART B PERMIT APPLICATION CONTENTS OF PART B: GENERAL REQUIREMENTS 9 † replace “a registered professional engineer” with “a qualified Professional Engineer” 270.1 4(a) 806(4)(a) More stringent because we require a registered PE X

SPECIFIC PART B INFORMATION REQUIREMENTS FOR TANK SYSTEMS † replace “an independent, qualified, registered professional engineer” with “a qualified Professional Engineer” 270.16(a) 806(4)(c)(i) More stringent because we require certification by

an independent registered PE X

SPECIAL PART B INFORMATION REQUIREMENTS FOR DRIP PADS † replace “an independent qualified, registered professional engineer” with “ a qualified Professional Engineer” 270.26(c)(15) 806(4)( l)(iii)(O) More stringent because we require certification by

an independent registered PE X

SUBPART D CHANGES TO PERMITS PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE † add new paragraph (l): Performance Track facilities; procedures; compliance with requirements under § 264.15(b)(5); application approved if Director does not deny

or issue an extension to the deadline in writing within 60 days; adherence to revised inspec tion schedule. 270.42(l) No direct analog. Related analog WAC 173

- 303

- 830(1) The state is more stringent because it does not allow this permit modification reducing inspection frequencies for Performance Track facilities. X

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add new entry

O to the table in Appendix I to § 270.42; see provision as shown at 71 FR 16914. 270.42, Appendix I, Item O No direct analog.

Related analog is WAC 173

- 303

- 830(1) The state is more stringent because it does not inclu de these burden reduction permit modification option s. X

† Optional Provisions 1 There is a typographical error in the Federal Register for Revision Checklist 2 1 3 ( 71 FR 16862 ; April 4 , 2006 ): in the amended language for § 264.115 in the third column of page 16904 “in the approved closure plan..” should be “in the approved closure plan.”, there should not be two periods at the end of the first sentence

. 2 The final rule addressed by Revision Checklist 213 completely revised § 264.195(b) by removing subparagraphs (b)(1)

– (3) and incorporating the text from (b)(2) into the revised paragraph (b)

. 3 The final rule addressed by Revision Checklist 213 removes 264. 314 (a) introductory paragraph through (a)(2) ; redesignates 264.314 (b)

– (f) a s 264. 314 (a)

– (e) and revises newly redesignated 264. 3 14 (a) and 264.314 (e) introductory paragraph. 4 There is a typographical error in the Federal Register for Revision Checklist 213 (71 FR 16862; April 4, 2006): in the amended language for § 265.73(b)(6) in the third column of page 16908 “265.1063(d) through 265. 265.1063(i)” should be “265.1063(d) through 265.1063(i)”, there is a duplication of the “265 . ”. 5 The final rule addressed by Revision Checklist 213 completely revised §265.195(a) by removing subparagraphs (a)(1)

– (3) and incorporating the text from (a)(3) into the newly designated (a). 6 The final rule addressed by Revision Checklist 213 redesignates 265.223 “Response Actions” as 265.224 and revises the text. Note that this redesignation addresses an error that has existed since Revision Checklist 100 (57 FR 3462; January 29, 1992) added 265.223 “Response Actions” w hen 265.223 “Containment system” already existed. §265.223 “Containment system” remains in the CFR 7 The final rule addressed by Revision Checklist 213 removes 265.314(a) introductory paragraph through (a)(2); redesignates 264.314 (b)

– (g) as 264.314(a)

– (f) and revises newly redesignated 264.314(a) and 264.314(f) introductory paragraph. 8 There is a typographical error in the Federal Register for Revision Checklist 213 (71 FR 16862; April 4, 2006): in the fourth sentence of the amended l anguage for § 268.7(a) in the second column of page 16913 “paragraph (b) of this section.” should be “paragraph (b) of this section.)”, there is a missing close parenthesis at the end of the sentence. 9 There is a typographical error in the Federal Register for Revision Checklist 213 (71 FR 16862; April 4, 2006): in the amended language for § 270.14(a) in the second column of page 16914 “§§ 0.14 through 270.29” should be “§§ 270.14 through 270.29”.