SPA 27

Checklist 213]

[Printed: 6/21/10]

April 4, 2006- Page 1 of 30

RCRA REVISION CHECKLIST 213

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:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

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 facility” 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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 2 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

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) of 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 choose 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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 3 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

director will notify of decision 

within 60 days; 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 subparagraph (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 

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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 4 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

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 Plan”). When 

modifications are made to nonRCRA 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 postemergency

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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 5 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

replace “of” with “that shows” after 

“diagram” in the second sentence; 

remove “specific” after “crossreferences 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 SW846 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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 6 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

add new paragraph (b)(18): 

monitoring, testing or analytical 

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): 

certifications 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 groundwater monitoring list 

is found in the state 

publication 

“Chemical Test 

Methods”. 

X

† insert “or at an alternative sitespecific 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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 7 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

completely 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)(iii)(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 more 

stringent because we 

require reports be 

submitted semiannually.

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 

because 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 Engineer’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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 8 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

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 

qualified 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

† DESIGN AND INSTALLATION 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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 9 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

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) 

Revised to match 

federal language

X

remove paragraphs (a)(2) through 

(a)(4); redesignate paragraph (a)(5) 

as (a)(2) and completely revise; 

For tank systems 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 

years of age, whichever comes later

264.193(a)(2)

640(4)(a)(ii) 

Revised 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

redesignate existing paragraphs (c) 

and (d) as (g) and (h) without 

revision; add new paragraphs (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 no exception

is given from daily

inspections

X

above ground portions of tank 

system; 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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 10 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

at least weekly inspections when 

using leak detection systems or 

established workplace practices;

alternate inspection schedule 

documentation

264.195(d) No analog

Related analog is 

640(6)(b). State is 

more stringent 

because we don’t 

allow reduced 

inspection frequency.

X

performance Track member 

facilities may inspect less 

frequently upon approval of 

Director; application procedures

264.195(e) No analog

Related analog is 

640(6)(b). State is 

more 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 

engineer to certify

major tank repairs

and submit a letter to 

the department.

X

SUBPART L WASTE PILES

DESIGN AND OPERATING REQUIREMENTS
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 11 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

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 registered 

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”; remove the comma after 

“determines” 

264.314(e)

introductory

paragraph

140(4)(b)(v)

Removed obsolete 

dates

Also changed 

“hazardous” to 

“dangerous”

X
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 12 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

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” with “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 

because 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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 13 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

replace “an independent qualified 

registered professional engineer” 

with “a qualified 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 used for 

certifying drip pad

liners

X

SUBPART BB AIR EMISSIONS 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

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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 14 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

†

remove the second sentence.

264.1100

introductory

paragraph

695 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) 

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 don’t 

allow Performance 

Track facilities

reduced inspection 

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

related analog is 

320(2)(c). State is 

more stringent since 

we don’t allow

Performance Track 

facilities reduced 

inspection 

frequencies.

X
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 15 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

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

director will notify of decision 

within 60 days; 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 required 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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 16 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

†

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

†

Remove 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 postemergency

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 “crossreferences 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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 17 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

4

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 

required for specific 

rule sections must 

meet section 110 

requirements. This 

was done because 

RCRA no longer 

requires use of SW846 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; monitoring, testing or 

analytical 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 SW846 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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 18 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

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)(vi)(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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 19 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

†

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. 

265.120 400(3)(a) IBR

045(1)

400(3)(c)(vi)(E)

More stringent 

because an 

independent engineer 

must be used for 

certifying postclosure.

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)(vii)(D)

More stringent 

because an 

independent engineer 

must be used for 

certifying postclosure 

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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 20 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

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)(viii)(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 

Engineer” 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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 21 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

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 systems 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 

years 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 remove 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 

system; 

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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 22 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

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).

State 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 stringent 

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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 23 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

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 schedule

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

† 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”

265.221(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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 24 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

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)(xiii)(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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 25 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

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 engineer 

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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 26 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

INSPECTIONS

†

remove “of this subpart” after “§ 

265.443”; replace “an independent 

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 because 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 GAS/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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 27 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

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 

years”

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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 28 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

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 RCRApermitted 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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 29 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

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”

270.14(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 

inspection 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
RCRA REVISION CHECKLIST 213: Burden Reduction Initiative (cont’d) SPA 27

Checklist 213

[Printed: 6/21/10]

April 4, 2006- Page 30 of 30

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

†

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 

include these burden 

reduction permit 

modification options.

X

 

† Optional Provisions

1 There is a typographical error in the Federal Register for Revision Checklist 213 (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) as 264.314(a) – (e) and revises newly redesignated 264.314(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” when 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 language 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”.