·..**·:·~i**

.....**~y** 

### PROGRAMDESCRIPTIONOUTLINE

v/I. SCOPE, STRUCTURE, COVERAGEANDPROCESSES A. Scope and Coverage B. Background 

# ;-\ '::=i,"'" "- { ., 

# , 1m

1 1 

### C. Structure and Processes ofthe Amended Dangerous Waste Regulation 1. Waste Designation 2. Generators 3. Transporters 4. Treatment, Storage and Disposal (TSD) Facilities 5. OtherRequirements 6. Summary 

### VII. AGENCY STRUCTUREAND RESOURCE ASSESSMENT A. Structure B. ResourceAssessment 1. General 2. Existing Staffto CarryOut NewProgram 3. CompleteDangerous WasteManagement Program**~III.** 

### ASSIGNING IDENTIFICATIONNUMBERS**~IV.** 

### PERMITTINGPROCEDURES A. Purpose 

### B. General Nature ofPermitting Procedures C. ExistingTSD Facilities D. NewTSD Facilities E. Permitting ofEnergy Facilities underEFSEC 2
1 3 3 4 4 5

5 5 5 9 9


### 17

17 17 18 18... .'



### PROGRAMDESCRIPTIONOUTLINE (Cont'd) 

# /V. COMPLIANCEMONITORING AND ENFORCEMENT A. Objectives B. FacilityDefinitions andEstablishingPriorities 

## c. InspectionProcedures D. Enforcement 1. GeneralDefinitions 2. GeneralProcedures E. ADP Support System F. EstimatedTypes andNumberofRegulatedActivities
vlVI. COPIES OF FORMS**~II.** 

### SUBSTANTIAL EQUIVALENCE

- CHECKLISTS
VIII. COPIES OF STATUTES
IX. COPIES OFREGULATION 18 18 

### 21 21 21 23 24 

### 26

## ,

PROGRAMDESCRIPTION
I. SCOPE, STRUCTURE, COVERAGE, AND PROCESSES A.**Scop~** and Coverage With this document the Department ofEcology is attempting to receive"InterimAuthorization for Phase I and Phase II, Components Aand B. It is the department's intention to apply for and receive final authorization at the end of the interim authorization. The regulatory programdeveloped for hazardous waste management is comprehensive. All persons whogenerate, transport, transfer, treat, store, or dispose ofdangerous wastes, defined in the newly adopted Dangerous Waste Regulation, Chapter 173-303 WAC, will be affected. The primary purpose of the regulation is to protect public health and the environment from impropermanagement ofdangerous waste. The department has regulatory authority over the following areas; monitoring, inspecting, permitting, compliance monitoring, manifest tracking, and enforcement. B. Background The Washington State Legislature designated the Department of Ecology as the state agency for implementing the Federal Resource Conservation and Recovery Act (RCRA). Since early 1978, the department has been designating, tracking, and regulating the disposal ofextremely hazardous wastes through the Hazardous Waste Regulation, Chapter 173-302 WAC. Recent promulgation of U.S. Environmental ProtectionAgency (EPA) hazardous waste regulations has resulted in a need to modify existing state regulations to be "substantially equivalent." The State Legislature recognized this need in 1980 by giving the department increased authority in the area of permitting dangerous waste facilities. Prior to 1981, the Department ofEcology identified dangerous wastes according to the degree ofhazard posed by a waste to the public health and the environment. The waste classification system implemented by the department designated wastes by their level of toxicity, their persistence in nature, their potential carcinogenic risk, and their tendency to ignite, corrode, and explode. This classification systemdepended in a large part on established testing procedures, and on current scientific data regarding the toxicity, persistence, and carcinogenicity of thousands ofchemicals which could occur in a given waste. The department felt that a "degree of risk" approach to designating wastes was the best method to use when the enormity of the dangerous waste universe was considered.

### ...

The system for tracking dangerous wastes as they moved from the generator to the disposal site was based on the use of a manifest. This manifest was to be prepared by the generator, and stated the type, amount, origin, transportation, and final delivery point for a dangerous waste shipment. The manifest was signed by the operator of the disposal site and returned to the generator to signify acceptance of the waste shipment. If the generator did not receive a signed manifest copy from the disposal site within a specific period of time, he reported this to the Department of Ecology. The department then initiated a search for the missing dangerous waste. Rules for the operation and maintenance of the extremely hazardous waste (EHW) management facility at Hanford (the only facility in Washington which may dispose ofEHW) were adopted late in 197i under Chapter 173-302 WAC. Standards for the design and operation of other dangerous waste treatment, storage, and disposal (TSD) facilities were developed to meet the substantial equivalence requirements under RCRA. C. Structure and Processes of the Amended Dangerous Waste Regulation The Department ofEcology has modified its regulations to be essentially equivalent to EPA. Many of the concepts developed for the rules adopted in 1977 are essentially the same, such as the dangerous and extremely hazardous waste (DW/EHW) two tier designation system. Many new ideas have grown out of the work done by EPA, such as a listing approach for dangerous wastes and the standards for dangerous waste (DW) management facilities. The following descriptions provide a basic knowledge of the proposed Washington State dangerous waste regulation, Chapter 173-303 WAC. 1. Waste Designation. The procedures for designation wastes depend primarily on two lists: the Discarded Chemical Products List; and, the Dangerous Waste Sources List. Both of these lists were developed by EPA and adopted by the department. The criteria for listing was based on the toxicity, persistence, carcinogenicity, ignitability, corrosivity, and reactivity of the waste. For the Discarded Chemical Products List, EPA considered many common commercial and off-specification manufacturing chemicals and listed those which met the criteria. For the Sources List, EPA studied data on varies industrial processes and their typical waste streams, then listed those sourcess ofwaste which met the criteria. The department augments these lists with its own criteria, developed for the 1977 regulations. The department's criteria have been applied in three ways. First, the department assigns a DW/EHW designation to each waste which appears on the lists. Second, the criteria applies to unlisted wastes about which the generator knows the constituents of the waste and the constituent concentrations; if this knowledge shows that the waste meets the
-2-......

### - 

# --.

criteria, then itwouldbe designated as dangerous or extremely hazardous waste. Third, the criteriawill be used by generators of unlisted wastes whohave been ordered by the department,orwho choose voluntarily, to test their wastes against the criteria and designate their waste accordingly. This approach is a compromisewhich retains the values of listing and criteria, while still achieving essential equivalency with the federal rules. In addition to listing and criteria a third mechanism is provided indesignating dangerous wastes. These are the dangerous waste characteristics. Wastes with the following physical.hazards wouldbe designated: Ignitable

- wastes which are highly flammable; Corrosive

- wastes which are highly acidic or alkaline; Reactive

- wastes which are explosive, unstable, orwould readily release toxic fumes; and EPToxic

- wastes containing high concentrations of variousmetals andpestLcLdes , . 2. Generators. Persons generating dangerous waste will need to prepare a manifest before sending thewaste to a TSO facility. Themanifest includes information on the generator, transporter, TSO facility, the type of waste, and its quantity orvolume. The manifest must be signed by the generator and the transporter before thewaste leaves the generator's property. The manifest travels with the transporter to theTSD facility, where the facility owner/ operator signs themanifest and returns a copy to the generator. If the generator does not receive a copy of themanifest, signed by the facility owner/operator, within 45 days of shipment, he must submit an ExceptionReport to the,Department of Ecology. The department will then initiate a search for thewaste to determine its fate. As soon as the UniformNationalManifest System is adopted, the department will be implementing this system. Generators will report annually to the department the quantities and types of dangerous wastewhich were generated in thepast year, as well as other treatment, storage, and disposal practice incorporated. The manifest and annual reporting systemwill provide the department with a means to track the generation, movement, and ultimate disposition of dangerous wastes in**Washingto~.** This systemwill reduce the amount of uncontrolled dumping and illegal disposal of dangerous waste which historically has posed a national public health and environmental hazard. J 3. Transporters. The regulation requires transporters to comply withU.S. Department of Transportation (DOT) rules under 49 CFR for hazardous materials and substances transportation. Transporters are also responsible for notifying authorities and assisting in cleanup operations in the event

-3-of a spill or discharge ofdangerous wastes during transport. Asmentioned earlier, it is the intention of the department to adopt the Uniform National Manifest Systemwhen it becomes final, this should alleviate any problems withmanifesting interstate shipments. 4. Treatment, Storage and Disposal (TSD) Facilities. The department has essentially adopted EPAstandards for the siting, design, performance, operation, and maintenance of TSD facilities. In general, these standards ensure that a facility is properly performing whatever dangerous waste storage, treatment, or disposal activities are occurring at the facility. TSD facilities must have adequate security, personnel training, inspection schedules, emergency plans and equipment, records of operation, environmental monitoring, insurance, closure and post-closure plans, and reporting before the department will grant a permit to a facility. Finally, TSD facilities must be sited and operated to comply with flood plain, fault line, wetland, shoreline, explosion and fire buffer zones, and monitoring zone requirements. They are also required to satisfy all applicable local, state, and Federal laws (such as local comprehensive plans, air and water pollution laws, endangered species, etc.). The department is adopting most of these regulations directly from the EPAregulations. Others are modified to reflect the differences between dangerous and extremely hazardous waste management practices. The state rules achieve EPA's requirements for essential equivalency. In addition, the department has adopted stringent operating standards for the extremely hazardous waste disposal site at Hanford. The current status ofHanford is that the land has been purchased from the Federal government and is waiting for funds to be allocated from the state legislature for its development. 5. Other Requirements. The dangerous waste regulation also requires all persons who generate, transfer, transport, treat, store, or disposal of dangerous waste to have an EPA/state identification number. Those individuals requiring such a numbermust notify the state of their activities before one is issued. The regulation also establishes procedural requirements for permit application and issuance, public involvement, petitioning of the department for changes and exceptions to the regulations, testing and sampling methods, and conditions for exemption from the rules (such as recycling or recovery ofdangerous wastes, triple rinsing of containers, etc.).



### -4-6. Summary. As a summation, the newly adopted Dangerous Waste Regulation Chapter 173-303 WAC: (1) Designates those solid wastes which**a~e** dangerous or extremely hazardous'to public health and the environment; (2) Provides for surveillance and monitoring ofdangerous wastes until they are detoxified, reclaimed, neutralized, ordisposed of safely; (3) Provides a manifest system for tracking, reporting, monitoring, recordkeeping, sampling, and labeling ofdangerous wastes. (4) Establishes requirements for the siting, design, operation, and monitoring ofdangerous waste management facilities; (5) Establishes design, operation, and monitoring requirements for managing the state's extremely hazardous waste disposal facility; and (6) Establishes and administers a program for permitting**dang~rous** waste management.facilities.
II. AGENCY STRUCTURE AND RESOURCES A. Structure The Department ofEcology is the state agency to carry out the federally approved RCRA program. The department is essentially divided into two main branches, headquarters and field operations. The headquarters branch consists of the director and deputy-director, followed by the assistant director ofLand Programs, the solid waste division**~upervisor,** hazardous waste section head, and staff (Figure 1). The main duties of the headquarters branch are coordinating program activities, training, conducting research projects, developing budget and grant applications, developing new and modify existing dangerous waste regulations (to be consistent with EPAregulations), developing guidance documents, and providing technical assistance and support for our regional field personnel and the public. The Field Operations Branch has four regional offices located throughout the state. Each office has assigned hazardous waste personnel to carry out'RCRA tasks (Figure 2). Those tasks include 24-hour spill response, inspections, compliance monitoring, permitting, enforcement, and technical assistance to industry and the public. In addition, the industrial section under the Office ofComprehensive Programs also performs RCRA activities on some of the states larger industries (Figure 3). B. Resource Assessment 1. General - The uncertainty of the economy brings into question the funding capabilities ofboth state and Federal governments. For planning purposes, the resource assessment is divided into two sections. The final section lays out how the



### -5-to. : .";..... 

### Figure 1. 

### Headquarters Branch of theHazardousWasteProgram.

DIRECTOR DonaldW. 

### Moos

DEPUTY DIRECTOR

John Spencer

ASSISTANTDIRECTOR 

### I I Rod Mack 1

# *

_____.,-- 1



### DIVISION SUPERVISOR 1 

### I for SOLID WASTE 

### I I Earl Tower 

### I

## * -----:--- 1



### SECTION CHIEF 

### I I forHAZARDOUSWASTE 

### I 1 

### TomCook 

### I

## *

----_.,-- 1



### STAFF MEMBERS 

### I I 1. 

### JimKnudson

- Air Quality Enginer III 

### I

## * 2. DanKruger

- Environmentalist III 

### I

# * 3. Ross Potter

- EnvironmentalistII 

### I

## *

------------ 1



# * Individuals involved in the dangerous wastemanagement program.

-6-Figure2. RegionalOfficeStaffPerformingRCRAActivities.
OFFICEOFFIELDOPERATIONS BruceCameron AssistantDirector 

## r---- I 

### -:----:----:::---:-1_:--::-=-::-:::-- 

### 1'--

_ ISouthwestRegionalOfficel [East.ernRegionalOfficel I GeneAsselstine I I JohnArnQuist I I Regional Manager 

### I I Regional Manager 

### I 

### I I I I 1 I 1 I I I HowardSteeley I I 3imKrull I I ClaudeSappington DistrictSupervisorI IDistrictSupervisorI I Supervisor 

### I I I 1 I I i 1 1 I



### ..... I Eldon Sanborn Chemist V

LarryAshley* Chemist III INorthwestRegionalOfficel I BobMcCormick I I RegionalManager I 

### I
I I
I I I StewMessman Supervisor
John Conroy

### * EnvironmentalistIII GregGregory

### * 1 EnvironmentalistII I·
JulieSellick* EnvironmentalistII 3imOberlander

### * EnvironmentalistIII
EricEgbers

### * EnvironmentalistII

WillAbercrombe

### * EnvironmentalistII 3imMaIm

### * EnvironmentalistIII 

### I I DougDunster

### * EnvironmentalistII ICentralRegionalOffi\ ) I RussTaylor ·1 I Regional Manager I 

### I I I I ClarPratt Supervisor

Dennis Bowhay

### * EnvironmentalistIII

:, ./



### *Individuals involved in thedangerouswastemanagement program.

### Figure 3. Industrial Section StaffPerformingRCRAActivities

OFFICE OF COMPREHENSIVEPROGRAMS Steve Hunter Assistant Director

INDUSTRIAL SECTION DickBurkhalter

SectionHead

Roger Stanley

# * Environmentalist IV

BobBishop EnvironmentalistI



## * Involved in thedangerouswastemanagement program.

-8-department would carry out the federally authorized program with existing staff. The second section describes resources needed by the state to implement a complete dangerous waste management program. 2. Existing Staffto Carry-out NewProgram. Eighteen tasks have been defined that reflect the mandated duties of the department (Table AA). Under each task are listed a number ofwork elements. Each work element then describes in greater detail specific staffresponsibilities. Depending upon the FTE's allocated to each taskwill determine whether or not each work element is completed. Table AA presents the current distribution ofFTE's for each task. The first column ofnumbers reflect howthe department has prioritized each task. In general, the more resources (FTE's) the higher the priority. TaskL - Permitting, shows zero FTEls because under the existing program the department does not issue permits. From the table, it is evident that themajority of the FTEls are in program administration, compliance monitoring, and technical assistance (11.1 of 19.5 existing FTE's). It is obvious that a**red~ction** in services will be required inmany tasks to make up for the FTE's shifted into permitting. The net effect will be drawing field personnel into headquarters for issuing permits. Tasks with the largest projected decreases in FTEls were program administration, compliance monitoring,and technical assistance. Specific outputs will be negotiated during the State/EPAAgreement annual program planning process. 3. Complete Dangerous Waste Management Program. Implementing a complete dangerous waste management program will require a large influx ofhighly trained staff. Before calculating the number of individuals needed, five assumptions were made. First, the existing state programof 19.5 FTE's must be maintained. Second, permitting will be emphasized during interim authorization with the regional offices writing all permits. Regional permit writing is preferred in that it allows the department to issue more permits .and establishes amore direct working communication line between the regional offices and the permit applicant. Third, one individual lacks the expertise required to write a permit, this necessitates creating permit writing teams for each region. The expertise required would be a ground water geologist, an insurance examiner, and an engineer. Fourth, is estimating the time required to write a permit. Current EPAestimates of 177 days are required to write one treatment/ disposal permit. Estimates by department staff for writing the same permit is 90 days. But since neither EPAor the state have written a RCRA permit, these time frames are estimates only. Of course, some permits will take longer or shorter to write depending on the particular application. Department staffbelieves that storage permits can be written in a shorter time span. The fifth and final assumption
-9-TABLE AA

-- Tasks and Resources for Administering a Basic Federally Approved State Program.



### A. PROGRAMDEVELOPMENT Distribution of FTE's Before

Permitting 1.3 Distribution of FTE's Assuming Permitting 1.0 Net FTE Change

-0.3 1. 2. 3. 4. 

## s. Regulation development. Review data on state needs for hazardous waste management. Develop a preferred and alternative strategy. Maintain a state hazardous waste component ofthe State SolidWaste Management Plan. Develop an ADP system to meet state and Federal needs. 

# ,.J

B. PROGRAMPROCEDURES 1.2 1.2 

### -0-

I



## .... o I 1. 2. 3. 4. S. 6. 7. Review Federal guidance. Draft operating procedures and guidancemanuals for program implementation and other requirements. Waste certification and dedesignation. Waste source sampling team. Technical InformationMemorandumdevelopment (TIM). MaintainADP system to meet Federal needs. Interprogram coordination at state level (i.e., solid waste, hazardous waste, water quality). 

### C. GRANTNEGOTIATION 1. Review EPAconditions for hazardous waste grants and prepare initial grant application. 2. Meet with state and Federal officials to discuss grant, coordinate with SEAprogram, and make final application. 3. Process grant funds, prepare progress reports, and participate in reviewmeetings. 

### 0.4 0.2 -0.2 

# ,)TABLE AA

-- Tasks and Resources for Administering a Basic Federally Approved State Program (Continued)

D. PROGRAMADMINISTRATION Distribution of FTE's Before

Permitting 

### 2.7 Distribution of FTE's Assuming Permitting 1.9 Net FTE Change



### -0.8

I I 1. 2. 3.
4. 

## s. 6.
7. Hire and train staff. Conduct and attend meetings, maintain correspondence, and respond to inquiries. Manage contracts by issuing requests for proposals, revise technical aspects, and manage financial aspects ofcontracts. Develop a budget consistent with state budgeting procedures, and manage budget. Evaluate programperformance with objectives and make appropriate adjustments. Develop, track, and report annual programplan reflecting state and Federal programneeds and then integrating into bienniumbudget process. Supervision at headquarters and in regional offices. 

### )

E.



### F. PROGRAM SUPPORT 1. Clerical 2. Filing PUBLIC PARTICIPATION 1. Develop public participation procedures. 2. Hold seminars with individual associations and private industries to facilitate their understanding and interpretation of the new statehazardous waste law and regulations. 3. Respond to requests by public, state, and local agencies for technical information on hazardous waste management. 4. Prepare an annual summary ofpublic participation. 5. Identify decision points where responsiveness summaries will be prepared. 

### 0.3

1.0 

### 0.5

0.6 

### +0.2



### -0.4 

# )TABLE AA

-- Tasks and Resources for Administering a Basic Federally Approved StateProgram (Continued)

G. FINALAUTHORIZATION APPLICATION Distribution of FTE's Before

Permitting 0.1 Distribution of FTE's Assuming Permitting 0.1 Net FTE Change -0- 1.
2. Develop new or amend existing state laws and regulations to provide the department with adequate authority to meet Federal requirements of final authorization. Prepare and submit final authorization application and all major components to EPA for their approval. ;.) 

### H. LABORATORY SUPPORT 1.0 1.0 -0- 1. 2. 3. I



## .... N 4. I 5. Maintain a hazardous waste component to the existing laboratory facilities. Develop procedures for split sampling, testing, and analyzing hazardous chemical components in waste streams. Establish a chain ofcustory procedures for handling hazardous chemicals for eventual enforcement actions
. Analyze hazardous waste samples. Develop and implement a quality assurance program. 1. NOTIFICATION 0.4 0.2 -0.2 1. Receive, review, and issue EPA/State Identification numbers. .'

## ) 2. Review list ofnon-notifiers and prioritize. 3. Develop and implement a follow-up strategy of priority non-notifiers (generators, TSDF's). 4. Monitor for compliance and initiate enforcement actions as necessary. 

### J. MANIFEST 0.2 0.2 -0- 1. Review and evaluate exception reports and conduct immediate follow-up. 2. Implement foilow-up responsibilities and initiate appropriate enforcement action. 3. File resolution letter/report.TABLEAA

-- Tasks and Resources for Administering a Basic Federally Approved StateProgram (Continued)



### K. COMPLIANCE MONITORING Distribution of FTE's Before

Permitting 

### 5.6 Distribution of FTE's Assuming Permitting 

### 5.0 Net FTE Change

-0.6 1.
2. 3. 4. 

### 5. Perform inspections on high priority generators, transporters, and permitted TSD facilities to ensure compliance with regulations. Review generator and TSDF annual reports. Review permit conditions includingmonitoring reports, financial requirements, etc. Superfund investigations (spin-off fromonsite investigations). TSD interim status inspections. 

### )

L. PERMITTING -0- 

### 3.0 +3.0
I



## .... IN I 1. 2. 3.



### 4.
5. 6. Review Part Apermit forms. Review candidate Part Bapplicants and prioritize
. Determine on a permit-by-permit basis, the number ofPart Bapplications to be reviewed and inspections to be made in light of available resources and complexity ofthe permit. Call for Part Bof the permit application, begin technical review and determine completeness of required information. Meet with applicant to discuss permit. Negotiate with applicant permit terms and conditions, and compliance schedules. 

## J

M. ENFORCEMENT 1. Ensure compliance schedules with generators, and TSD facilities are met to correct deficiencies under the dangerous waste regulations. 2. Issue letters ofwarning, notices ofviolation, compliance,orders to vioLators ofthe law and regulations. 3. Perform follow-up inspections to ensure that all requirements aremet. 

### 1.5 1.

### 55 +0.05TABLEAA

-- Tasks and Resources for Administering a Basic Federally Approved StateProgram (Continued)



### N.

O. HAZARDOUS MATERIAL SPILLS 1. Respond to hazardous material spills to ground. TECHNICALASSISTANCE Distribution of FTE's Before

Permitting 1.0



### 2.8 Distribution of FTE's Assuming Permitting 1.1

1.2 Net FTE Changa



### +0.1

-1.6 1. 2. 3. Coordinate with local governments for siting dangerous wastemanagement facilities. Investigate compliants. Provide technical information to the regulated industries on the proper handling and disposal ofdangerous waste. 

# J

P. INTERNAL TRAINING -0- 

### 0.35 +0.35

I


## .... I 1.
2. 3. Provide tegulation interpretation, including financial requirements and mechanisms, and what is termed substantial equivalence. Provide technical training, including information transfer to the regions. Conduct training for hazardous waste spills. 

### Q. SUPERFUND 

### -0- 0.3 +0.3

### ,;''f



## .

## - 1. Prioritize Superfund candidates joint with EPA. ',;,

. 2. Review and comment' on applicable Superfund regulations, guidance, and policy. R. PROGRAMCOORDINATION WITH EPA 

### -0- 0.1 +0.1 1. Provide quarterly reports. 2. Provide semi-annual reports.
TOTALS: 

### 19.5 19
..5 -0-1S one that has themost dramatic effect on staffing levels. Permitting will neces sari.Ly increase all estimates such as program administration, compliance monitoring, and enforcement. The main goal of the newdangerous waste regulation is to protect public health and the environment. Implementing a complete progamwill be labor intensive. Department estimates of72.1 FTE's in addition to the existing 19.5 FTE's would be necessary. Table BB summarizes the number of newFTEls required and their distribution into the eighteen tasks. The largest increases are in program administration, program support, comliance monitoring, permitting, and training (49.15 FTE's). The large increase in program administration is due primarily to supervisory staffneeded in the regional offices. Acomplete programmeans increased efficiency. In terms of permitting, with the proposed staffing level of 11.8 FTEls the department should be able to issue 4 to 5 times as many treatment/disposal permits issued under the existing staffing levels. Commensurate increases in all outputs could be expected. Implementing a complete dangerous waste management program will be expensive. The estimated annual budget for the entire program is just over4 million dollars annually (Table CC). This figure includes first year equipment expenditures. Successive years would most likely cost 3.5 million dollars annually.

-15-

### ·

# .

TABLE BB

- Federal Resources Needed by the State to Operate a Complete RCRAMandated Program. State Program New FTEs Issuing Pemits Required for with Complete Total Existing Staff Program Program A. ProgramDevelopment 1.0 1.3 2.3 B. ProgramProcedures 1.2 6.5 7.7 C. Grant Negotiations 0.2 0.2 0.4 D. ProgramAdministration 1.9 13.6 15.5 E. ProgramSupport 0.5 10.8 11.3 F. Public Participation 0.6 0.9 1.5 G. Final Authorization 0.1 -0- 0.1 Application H. Laboratory Support 1.0 2.0 3.0 I. 

### Notification 0.2 1.9 2.1 

### J. Manifest 0.2 0.3 0.5 K. ComplianceMonitoring 5.0 8.8 13.8 L. Permitting 3.0 8.8 11.8 M. Enforcement 1. 55 4.95 6.5 N. Hazardous Materials 1.1 0.2 1.3 Spills O. Technical Assistance 1.2 4.3 5.5 P. Internal Training 0.35 7.15 7.5 

### Q. Superfund 0.3 -0- 0.3 R. ProgramCoordinationwithEPA 0.'1 0.4 0.5 TOTALS *19.5 72.1 91.6 *Includes both State and Federal funding sources.

TABLE CC

- Budget Estimtes for NewComplete Dangerous Waste Management Program. FTE's Salaries* Equipment** Indirect Grand Total Existing* 19.5 $ 716,327 -0- $182,949 $ 899,276 Program RCRAMandated 72 .1 $2,165,383 $475,000 $553,035 $3,193,418 TOTALS 91.6 $2,881,710 $475,000 $735,984 $4,092,694


## * State and Federal funds combined.
** Request from EPA to fund tasks required by RCRA.

-16-

## .' 

### . 

### .-......

III. ASSIGNING IDENTIFICATION NUMBERS EPA and state will participate in ajoint effort to assign identification numbers to new generators, transporters, and treatment,. storage, and disposal facilities whonotify the state. The numbering scheme used will be identical to the existing system used by EPA (the Dunand Bradstreet System). The state will receive and review all new notifications ofdangerous waste activities. All reviewed forms will·be sent to EPA for number assignment. The general mechanics will be for EPA to search for an existing Dun and Bradstreet idenfitication number, ifone does not exist, a newnumber will be assigned. EPAwill inform the state ofthe new identification number and the state will, in turn, notify the requestor of the new identification number. BothEPAand the state will work as rapidly as possible to provide new identificationnumbers to notifying generators, transporters, and treatment, storage, and disposal facilities.
IV. PERMITTING PROCEDURES A. Purpose The purpose of permitting treatment, storage, and disposal facilities (on site, and off site) is to ensure that all facilities are built and operated in accordance with the Dangerous Waste Regulations to protect the public health and the environment. At least in the first couple ofyears, the department will be concentrating on permitting those facilities that are considered high priority by bothEPA and the department. Permitting priorities will be determined using the procedures described in the compliancemonitoring section. B. General Nature ofPermitting Procedures The following permitting procedures were taken fromEPA's Consolidated Permitting Regulations. The department has elected not to do one-stop permitting as defined by EPAbecause its' intent is already captured under an existing state procedure called the Environmental Coordination Procedures Act (ECPA). The only minor difference between EPAand the state permitting system is that the completed Part Asubmitted to the state is considered



### -17-an "interimstatus permit." According to EPA's system, a facility is termed or deemed to have interimstatus. In addition, the EPA sequence of permitting events has been modified slightly in the department's regulations. During the permittingprocess the department will: 1. Provide assistance to applicants. 2. Receive and review applications. 3. Conduct site evaluations. 4. Analyze air, water, and/or soil samples as necessary. 5. Issue draft permits and fact sheets (if necessary) or statement of basis ofpermit determination. 6. Open comment preiod andhold public hearings. 7. Process final permits. 8. Conduct further proceedings if necessary. The Dangerous WasteRegulations Chapter 173-303 WAC, Sections 280 through 910, provide in-depth detail to the applicant as to the facility standards that are to be met and all the requiredpermit informatLon , C. Existing TSD Facilities All facilities granted Interim Status under Section 3005 ofRCRA ate deemed to have an interim status permit. Those facilities wishing to receive or orderedby the department to receive a final status permitmust submit a completedPart Bapplication to the department within six months as defined inWAC 173-303-815 (8)(b)

- Applying for a Permit. D. NewTSD Facilities New facilities must submit both Parts Aand Bof the permit to the department sixmonths before physical construction canbegin. For newfacilities for which constructionbegan prior to adoption of WAC 173-303 construction maycontinue as long as a permit application is submittedwithin 90 days of the adoption ofWAC 173-303. E. Permitting of Energy Facilities Under EFSEC Compliancewith the dangerous waste regulations, insofar as the permitting of an "energy facility" is concerned, will be under thejurisdiction of the Energy Facility Site Evaluation Council (EFSEC). This council, organizeduriderWashington statutes, Chapter 80.50 RCW, is authorized to accept and act on applications for energy facility site certificationwhich are submitted to it. The council's final act on an application, taken after hearing and expert review procedures, is to report to the Governor the council's recommendations concerning a particular application. If approval is recommended, the council's report must provide a draft certification agreement. The certification agreement will include conditions necessary to protect state and local interests which maybe affected by constructicn and operation of the energy facility in question. In regard to solidwaste

-18-

# --.
disposal, WAC 463-42-490, stipulates that "the applicant shall describe the disposition of all solid or semisolid construction and operationwastes including spent fuel, ash, sludge, and bottoms, and show compliancewith applicable state and local comprehensive solidwaste disposalplans." The management of dangerous waste falls under the solidwaste management plan. These interests would cover acceptable procedures to guarantee that dangerous wastes are handled in an environmentally sound manner. When executed by the Governor and the energy facility applicant, the certification agreement stands in lieu of any other state permit or approvalwhich would otherwise be required. This is similar in nature to howEFSEC interacts with theNPDES program inpermitting of energy facilities. V. COMPLIANCEMONITORING AND ENFORCEMENT A. Objective: The objective of the.compliance monitoring programis to ensure the protection of publichealth and the environment through active enforcement of the state approvedhazardous waste program. B. Facility Definition and Establishing Priorties: The compliance monitoring strategy is basedupon performing the greatest number of facility inspections with available resources. Number of inspections completed each yearwill be dependent upon departmental resources. Industries will be classified into two categories; major or non-major. In general, those facilities which are the largest, andpose the greatest potential for pollutionwill be classified as major. The criteria for developing a numerical ranking of facilities is presented in Table B. Major facilities will have a high numerical ranking. Minor facilities will, of course, have a lower numerical assignment. Thebasic purpose of using criteria is to develop consistent permitting and compliance monitoring priorities. The criteriawas derived from an EPAmodel forranking Superfund candidates. The criteria considers five factors in establishing human and environmental risks: 1. Major Hazard ofMaterials

- gives information on the types of waste being treated, stored, or disposed of at the facility. 2. Volume ofMaterials

- gives data on the size of potential environmentalproblem. 3. Routes for Pollution

- provides information on how the waste enters the environment. 4. Location of Facility

- indicates the immediate size of population near the facility.



### -19-**.~**-**.~**...


### TABLE B. CRITERIA roRDETERMININGTHEPRIORITY OFMAJORAND NON-MAJOR FACILITIES.



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OBSERVED RELEASES OR VIOLATIONS*

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### I Subtotal GRAND TOTAL' Major Moderate Minor

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-20-5. ObservedReleases orViolations

- gives data onhistory of the facilities operations. The decision line or break-point for what is a major or non-major is variable. This line will be negotiated during the annual programplan. The department, at this time, has no feel for what this break-point will be. The criteria, as explained, is not a scientific approach. It is, at best, a qualitative estimation of what priority should be assigned to a TSD facility. As explained earlier, a priority scheme will be essential in distributing limited manpower resources to do a more efficientjob. Each of the four regional offices and the industrial section will generate their ownpriority listings. This is necessary because of different regional staffing levels and priority needs. Whenthe regional listing is completed the overall reviewby headquarters wil ensure all statewide priorities are being maintained. In addition to those planned facility inspections, citizen or local government complaints ofhazardous waste spills and abandoned/ inactive hazardous waste sites may require further field investigation and the dedication of resources. This may result in a lower than anticipated number of plannedfacility inspections. Again, the final number of industries to be inspectedwill be dependent upon adequate resources. C. Inspection Procedures: The Department ofEcology seldomannounces inspections for compliance monitoring. However, this past yearwehave reversed this procedure andhave announced inspections primarily to include EPA as part of the inspection team. However, once the state has received interimauthorization prior scheduling will be discontinued. In general, the department inspects facilities on a dropinbasis. That is, we come at hours other than normalworking time, such as late afternoon, early morning, etc. We also use**th~** eyes and ears of other citizens or groups, such as the local health departments and citizen complaints. Other things that may spark an inspectionwouldbe spills or other facilities that are suspected to have problems that already exist. Field inspectors are givenbasic training in inspecting facilities according to the following protocol: 1. Conduct a prior research of the files of that facility. If there is any information, they will incorporate that into their inspection. 2. Conduct personnel interviews, if necessary. 3. Talkwith owners/supervisors of the facility.

-21-4. Conduct a tour of the plant site, taking photos, drawing maps and any other field notes thatmight be pertinent. 5. Ask general questions about complyingwith the regulations such as: Are the standards being compliedwith? Dothey have closure plan, a facility plan, a contingency.plan, etc? 6. Collect samples if necessary. A new inspection form that will be used by our field inspectors is being developed at this time. D. Enforcement Procedures: 1. GeneralDefinitions Warning Letter

- This letter is issued as soon as you know the circumstances of a violation or environmental abuse. The letter does five things:
a. Establishes an official record of the situation. b. Lets the violatorknow there is a problemand the problemneeds to be corrected in a prescribed manner.
c. Requires the violator to let the department know what corrective actionwill be taken. d. Informs the violator that failure to correct the problemvoluntarily mayresult inmore stringent action.
e. Establishes a basis for more stringent action ifit is required. Warning letters must be approved and signed by the section head. Notice of Violation

- This is the next, more serious action taken after a warning letter. This notice defines the problemand specifically describes what actions are required to correct the problem. Anotice is a quasi-legal document and must be signed and approvedby an assistant director. Anotice requires a response from the violator. Administrative Order

- This is a quasi-legal document. It must be signedby an assistant director orhigher authority. Itwill be issued 30or more days after a Notice of Violation except in an air quality enforcement action.

-22-Anorder can also be issuedwithout a Notice of Violation in an emergency situation. These situations occurwhen there is a threat to public health andwelfare requiting immediate action. NoAction Order

- After a Notice of Violation is issued, an order must follow. A NoActionOrder is issuedwhen the violatorhas solved the problemprior to issuance of an Administrative Order. Civil Penalty

- This can only be used as an enforcement actionwhere it is provided for by statute. It is a monetary or amount of resource damage. However, it is not intended to cover the cost of resource replacement. It usually occurs where there is a well-identified, specific violation or there have been continuing or repeated violations. The statutory authority for issuing a civil penalty also provides for the reduction or dismissal of a penalty in some cases of extenuating or mitigating circumstances. All civilpenalty assessments must be signed and approvedby an assistant director. Restraining Order

- Injunction - Whenit is allowedby statute, the department, through its attorney general, can petition the superior court in the county where a violation is occurring, orhas occurred, to issue a restraining order or a temporary or permanent injunction to stop the activity. This can only be done after a violator has been notified he/she is inviolation andhas refused to act. Criminal Proceedings

- This is the most severe enforcement action available to the department. It maybe used only when statutory provisions allow. Conviction of a crime means penalties of a fine, prosecution costs, and/or imprisonment. This action can only be initiatedwith the approval of the attorney general and the department director. 2. GeneralProcedures
a. Someone is not in compliance with the law. b. Make a telephone call and/or a personal visit to assess the situation and get the facts on the situation. (i) This will begin the foundation of any needed enforcement action; or (ii) It can eliminate or correct any problemwith noncompliance;



### -23-

## .

# . ·-----.
(iii) Amemo to the files should be completed to document the situation and discussions with the violator.
c. If the problemis not solved informally, the next step is to send a warning letter to the violator. This must be signed by the sectionhead or district supervisor. d. If the warning is not heeded and the violation continues, the next step is to issue a Notice of Violation. All the information is sent to the enforcement officer. He parepares the Notice of Violation and the appropriate assistant director approves and signs it.
e. The violator has an opportunity to respondwithin 30 days. f. AfterNotice of Violation, an Administrative Order is issuedby the enforcement officer under the assistant director's signature. This requires an appropriate response from the violator. g. If corrective action is being taken by the violator, the initiating staffmember can decide that no further actiori is necessary. h. If corrective action is not being taken, the enforcement officer and the initiating staffmember should decide one of the following courses of action: (i) Send a reminder letter. This should come from the sectionhead of the initiating office. (ii) Enforcement officer recommends to the appropriate assistant director that the matter should be referred to the assistant attorney general for action. i. If option a. is chosen and the situation is not corrected, the next step is optionb. j. Thematter is referred to the assistant attorney general and the enforcement officer prepares a memorandumfrom the assistant director to the assistant attorney general, including the following: (i) Achronology of circumstances and conditions causing the original enforcement response, description of conditions, nature of the violations, and corrective action required. (ii) Copies of correspondence, memorandumof record, inspection reports, monitoring reports, and any other documentation relating to the situation.



### -24-

# ·. J 

### .--.., 

## .----,
(iii) Arequest that the assistant attorney general take appropriate action to record penalties and/or to gain compliancewith the notice or order. (iv) Attorney general contacts violator. There is an opportunity to settlewithout court action. Ifunsettled, the case iffiled in the court of the county where the violation occurred, or in Thurston County Court. E. Automatic Data Processing System (ADP): The final element of the compliance monitoring programis the development of an automatic,data processing (ADP) system. Due to the complexity of the Hazardous Waste Program rapid retrieval of informationwill be invaluable in terms of responding to the needs of all interestedparties. Conceptually, the system is divided into three areas: notification, permits, and data summaries (TableD). Notification datahas already been collectedby EPA on generators, transporters, andTSD facilities. This datawill be transferred to the department's computer. Notification information can then be recalled through a variety of software programs to assist field andheadquarter staff in obtaining rapid notification information. Onemajor applicationwould be in the development of mailing lists of affected individuals. Periodic updates of the database are planned. Permit trackingwil also be performedby the ADP system. The databasewill containPart AandPart Bpermit information (when available), including compliance dates, permit expiration dates, and other types of information, such as facility location, permit violations, otherpermits the facility has, etc. This information in the data basewill provide workloadprojections for upcoming inspections, thus ensuring adequate resources are available, and that legal deadlines are met. The ADP systemwill be instrumental inhighlighting permit violations, enforcement-action, and other actions the department makes for the state annual report to EPA. The last areawhere theADP systemwill be used is in generating data summaries, these include such things ab the annual reporting information collected from industry. This would be essentially an annualupdate of our existinghazardous waste inventory. This will be a continual data collecting process. Another area would be in a violation summary report, inwhich the types and numbers ofviolations of the dangerous waste regulations couldbe easily determined. The possibilities got ptohtsmdysyidyivd are numerous for the kind of information this database couldprovide. Another area of interest is in testing data accumulated by Washington industries. Testing data will be pooledby industrial type, such as SIC code, to ease the testing burdens faced by industry. But more importantly, it will assist the department to make accurate



### -25-\\ 

# .**«~**

TA'ILED


## I) t '

..: ........ update EPA data "!iPUTERSYSTEM EPADATA 1- -



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## ,-----.,..-----

NOTIFICATIONnATA 

## i i PERMITDATA 

### i i DATA SUMMARIES I I I 

# , I 1 N 1 I I 0\ I 1 I I I I I 1 1 I 1 1 I I I 1 1 1 1 

### ---l PERMIT I I PERMIT 

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## '- I 1

___1 1INVENTORY Region Region Region Region Region Company Top 10 Inventory

County County County County County or Regional Update 

## ";

Gen. Name Trans. Name TSO Name Status Name SIC State**.~**

assessments on the hazards of particularwaste streams. In easence, the departmentwould like to create a database of testing information similar to STORET ofEPA's water program. F. Estimated Types and Number ofRegulated Activities Data estimating the types and numbers of regulated activities was derived fromEPA's notification database and submitted Part Apermit forms. The foilowing information depicts the status ofWashington State: Types Generation Transportation TSD On-site Off-site Number 879* 226* 108**

20**



# * During notificationprocess some generators and transporter marked both activities. Actual number of total entities is 964. 

# **On-site and off-site TSD facility numbers are estimates only.

-27-