·..·:·~i

.....~y

PROGRAM DESCRIPTION OUTLINE

v/I. SCOPE, STRUCTURE, COVERAGE AND PROCESSES

A. Scope and Coverage

B. Background

;-\

'::=i,"'" { "-.,

, 1m

1

1

C. Structure and Processes of the Amended Dangerous Waste

Regulation

1. Waste Designation

2. Generators

3. Transporters

4. Treatment, Storage and Disposal (TSD) Facilities

5. Other Requirements

6. Summary

VII. AGENCY STRUCTURE AND RESOURCE ASSESSMENT

A. Structure

B. Resource Assessment

1. General

2. Existing Staff to Carry Out New Program

3. Complete Dangerous Waste Management Program

~III. ASSIGNING IDENTIFICATION NUMBERS

~IV. PERMITTING PROCEDURES

A. Purpo se

B. General Nature of Permitting Procedures

C. Existing TSD Facilities

D. New TSD Facilities

E. Permitting of Energy Facilities under EFSEC

2

1

3

3

4

4

5

5

5

5

9

9

17

17

17

18

18
... .'

PROGRAM DESCRIPTION OUTLINE (Cont'd)

/V. COMPLIANCE MONITORING AND ENFORCEMENT

A. Objectives

B. Facility Definitions and Establishing Priorities

c. Inspection Procedures

D. Enf orcement

1. General Definitions

2. General Procedures

E. ADP Support System

F. Estimated Types and Number of Regulated Activities

vlVI. COPIES OF FORMS

~II. SUBSTANTIAL EQUIVALENCE - CHECKLISTS

VIII. COPIES OF STATUTES

IX. COPIES OF REGULATION

18

18

21

21

21

23

24

26
,

PROGRAM DESCRIPTION

I. SCOPE, STRUCTURE, COVERAGE, AND PROCESSES

A. Scop~ and Coverage

With this document the Department of Ecology is attempting

to receive" Interim Authorization for Phase I and Phase II,

Components A and B. It is the department's intention to apply

for and receive final authorization at the end of the interim

authorization. The regulatory program developed for hazardous

waste management is comprehensive. All persons who generate,

transport, transfer, treat, store, or dispose of dangerous 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

improper management of dangerous 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 of extremely hazardous wastes through the Hazardous

Waste Regulation, Chapter 173-302 WAC. Recent promulgation of

U.S. Environmental Protection Agency (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 of Ecology identified dangerous

wastes according to the degree of hazard 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 system depended in a large part on established

testing procedures, and on current scientific data regarding the

toxicity, persistence, and carcinogenicity of thousands of chemicals 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 of EHW) 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 of Ecology 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 of waste

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 it would be designated as dangerous or

extremely hazardous waste. Third, the criteria will be used

by generators of unlisted wastes who have been ordered by the

department,or who choose voluntarily, to test their wastes

against the criteria and designate their waste accordingly.

This approach is a compromise which 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 in designating dangerous wastes. These are the

dangerous waste characteristics. Wastes with the following

physical .hazards would be designated: Ignitable - wastes

which are highly flammable; Corrosive - wastes which are

highly acidic or alkaline; Reactive - wastes which are

explosive, unstable, or would readily release toxic fumes;

and EP Toxic - wastes containing high concentrations of

various metals and pest LcLdes , .

2. Generators. Persons generating dangerous waste will need

to prepare a manifest before sending the waste to a TSO

facility. The manifest includes information on the generator, transporter, TSO facility, the type of waste, and its

quantity or volume. The manifest must be signed by the

generator and the transporter before the waste leaves the

generator's property. The manifest travels with the

transporter to the TSD facility, where the facility owner/

operator signs the manifest and returns a copy to the

generator. If the generator does not receive a copy of

the manifest, signed by the facility owner/operator, within

45 days of shipment, he must submit an Exception Report

to the, Department of Ecology. The department will then

initiate a search for the waste to determine its fate. As

soon as the Uniform National Manifest System is adopted, the

department will be implementing this system.

Generators will report annually to the department the quantities and types of dangerous waste which were generated in

the past year, as well as other treatment, storage, and disposal practice incorporated.

The manifest and annual reporting system will provide the

department with a means to track the generation, movement,

and ultimate disposition of dangerous wastes in Washingto~.

This system will 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 with U.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 of dangerous wastes during transport.

As mentioned earlier, it is the intention of the department

to adopt the Uniform National Manifest System when it becomes

final, this should alleviate any problems with manifesting

interstate shipments.

4. Treatment, Storage and Disposal (TSD) Facilities. The

department has essentially adopted EPA standards 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 EPA regulations. 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 of Hanford 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

deve lopment.

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 number must 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 of dangerous 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 of dangerous wastes until they are detoxified, reclaimed, neutralized,

or disposed of safely;

(3) Provides a manifest system for tracking, reporting,

monitoring, recordkeeping, sampling, and labeling of dangerous

wastes.

(4) Establishes requirements for the siting, design,

operation, and monitoring of dangerous 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.

I I. AGENCY STRUCTURE AND RESOURCES

A. Structure

The Department of Ecology 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 of Land 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 EPA regulations), 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

of Comprehensive 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 of both 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 the Hazardous Waste Program.

DIRECTOR

Donald W. Moos

DEPUTY DIRECTOR

John Spencer

ASSISTANT DIRECTOR I

I

Rod Mack 1* _____.,-- 1

DIVISION SUPERVISOR 1

I

for SOLID WASTE I

I

Earl Tower I *

-----:--- 1

SECTION CHIEF I

I

for HAZARDOUS WASTE I

1

Tom Cook I * ----_.,-- 1

STAFF MEMBERS I

I

1. Jim Knudson - Air Quality Enginer III I *

2. Dan Kruger - Environmentalist III I *

3. Ross Potter - Environmentalist II I * ------------ 1

* Individuals involved in the dangerous waste management program.

-6-
Figure 2. Regional Office Staff Performing RCRA Activities.

OFFICE OF FIELD OPERATIONS

Bruce Cameron

Assistant Director

r---- I

-:----:----:::---:-1_:--::-=-::-:::-- 1'-- _ ISouthwest Regional Officel [East.ern Regional Officel

I Gene Asselstine I I John ArnQuist I

I Regional Manager I I Regional Manager I

I I

I I

1 I 1

I I I

Howard Steeley I I 3im Krull I I Claude Sappington

District Supervisor I I District Supervisor I I Supervisor

I I I

1 I I i 1

1

I

.....

I

Eldon Sanborn

Chemist V

Larry Ashley * Chemist III

INorthwest Regional Officel

I Bob McCormick I

I Regional Manager I

I I I I I

I

Stew Messman

Supervisor

John Conroy * Environmentalist III

Greg Gregory * 1

Environmentalist II I·

Julie Sellick * Environmentalist II

3im Oberlander * Environmentalist III

Eric Egbers * Environmentalist II

Will Abercrombe * Environmentalist II

3im MaIm * Environmentalist III

I

I

Doug Dunster * Environmentalist II

ICentral Regional Offi\ ) I Russ Taylor ·1

I Regional Manager I

I

I

I

I

Clar Pratt

Supervisor

Dennis Bowhay * Environmentalist III

:,

./

* Individuals involved in the dangerous waste management program.
Figure 3. Industrial Section Staff Performing RCRA Activities

OFFICE OF COMPREHENSIVE PROGRAMS

Steve Hunter

Assistant Director

INDUSTRIAL SECTION

Dick Burkhalter

Section Head

Roger Stanley *

Environmentalist IV

Bob Bishop

Environmentalist I

* Involved in the dangerous waste management 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 Staff to Carry-out New Program.

Eighteen tasks have been defined that reflect the mandated

duties of the department (Table AA). Under each task are

listed a number of work elements. Each work element then

describes in greater detail specific staff responsibilities.

Depending upon the FTE's allocated to each task will determine whether or not each work element is completed.

Table AA presents the current distribution of FTE's for each

task. The first column of numbers reflect how the department

has prioritized each task. In general, the more resources

(FTE's) the higher the priority. Task L - Permitting, shows

zero FTEls because under the existing program the department

does not issue permits. From the table, it is evident that

the majority 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

in many 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/EPA Agreement

annual program planning process.

3. Complete Dangerous Waste Management Program.

Implementing a complete dangerous waste management program

will require a large influx of highly trained staff. Before

calculating the number of individuals needed, five assumptions were made. First, the existing state program of

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 a more 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

EPA estimates 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 EPA or 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 staff believes 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. PROGRAM DEVELOPMENT

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 of the

State Solid Waste Management Plan.

Develop an ADP system to meet state and Federal needs.

,.J

B. PROGRAM PROCEDURES 1.2 1.2 -0-

I

....

o

I

1.

2.

3.

4.

S.

6.

7.

Review Federal guidance.

Draft operating procedures and guidance manuals for

program implementation and other requirements.

Waste certification and dedesignation.

Waste source sampling team.

Technical Information Memorandum development (TIM).

Maintain ADP system to meet Federal needs.

Interprogram coordination at state level (i.e., solid

waste, hazardous waste, water quality).

C. GRANT NEGOTIATION

1. Review EPA conditions for hazardous waste grants

and prepare initial grant application.

2. Meet with state and Federal officials to discuss grant,

coordinate with SEA program, and make final application.

3. Process grant funds, prepare progress reports,

and participate in review meetings.

0.4 0.2 -0.2 ,)
TABLE AA -- Tasks and Resources for Administering a Basic Federally Approved State Program (Continued)

D. PROGRAM ADMINISTRATION

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 of contracts.

Develop a budget consistent with state budgeting

procedures, and manage budget.

Evaluate program performance with objectives and make

appropriate adjustments.

Develop, track, and report annual program plan

reflecting state and Federal program needs and

then integrating into biennium budget 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 state hazardous 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 of public 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 State Program (Continued)

G. FINAL AUTHORIZATION 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 of custory 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 of non-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.
TABLE AA -- Tasks and Resources for Administering a Basic Federally Approved State Program (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 including monitoring

reports, financial requirements, etc.

Superfund investigations (spin-off from onsite investigations).

TSD interim status inspections.

)

L. PERMITTING -0- 3.0 +3.0

I

....

IN

I

1.

2.

3.

4.

5.

6.

Review Part A permit forms.

Review candidate Part B applicants and prioritize .

Determine on a permit-by-permit basis, the number

of Part B applications to be reviewed and

inspections to be made in light of available

resources and complexity of the permit.

Call for Part B of 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 of warning, notices of violation,

compliance, orders to vioLators of the law

and regulations.

3. Perform follow-up inspections to ensure that all

requirements are met.

1.5 1. 55 +0.05
TABLE AA -- Tasks and Resources for Administering a Basic Federally Approved State Program (Continued)

N.

O.

HAZARDOUS MATERIAL SPILLS

1. Respond to hazardous material spills to ground.

TECHNICAL ASSISTANCE

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 waste management facilities.

Investigate compliants.

Provide technical information to the regulated industries

on the proper handling and disposal of dangerous 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 appl icable Superfund

regulations, guidance, and policy.

R. PROGRAM COORDINATION 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 the most dramatic effect on staffing levels.

Permi tt i ng will nece s s ari.Ly increase all est imates such as

program administration, compliance monitoring, and enforcement.

The main goal of the new dangerous waste regulation is to

protect public health and the environment. Implementing a

complete progam will be labor intensive. Department estimates

of 72.1 FTE's in addition to the existing 19.5 FTE's would be

necessary. Table BB summarizes the number of new FTEls

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 staff needed in the regional

offices.

A complete program means 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 over 4 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 RCRA Mandated Program.

State Program New FTEs

Issuing Pemits Required for

with Complete Total

Existing Staff Program Program

A. Program Development 1.0 1.3 2.3

B. Program Procedures 1.2 6.5 7.7

C. Grant Negotiations 0.2 0.2 0.4

D. Program Administration 1.9 13.6 15.5

E. Program Support 0.5 10.8 11.3

F. Public Participation 0.6 0.9 1.5

G. Final Authorization 0.1 -0- 0.1

Applicat ion

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. Compliance Monitoring 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. Program Coordination with EPA 0.'1 0.4 0.5

TOTALS *19.5 72.1 91.6

*Includes both State and Federal funding sources.

TABLE CC - Budget Est imtes for New Complete Dangerous

Waste Management Program.

FTE's Salaries* Equipment** Indirect Grand Total

Existing* 19.5 $ 716,327 -0- $182,949 $ 899,276

Program

RCRA Mandated 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 a joint effort to assign identification numbers to new generators, transporters, and treatment,. storage,

and disposal facilities who notify the state.

The numbering scheme used will be identical to the existing system used

by EPA (the Dun and Bradstreet System). The state will receive and

review all new notifications of dangerous 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, if one does not exist, a new number will be

assigned. EPA will inform the state of the new identification number

and the state will, in turn, notify the requestor of the new identificat ion number.

Both EPA and the state will work as rapidly as possible to provide new

identification numbers 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 of years, the department will be

concentrating on permitting those facilities that are considered

high priority by both EPA and the department. Permitting priorities will be determined using the procedures described in the

compliance monitoring section.

B. General Nature of Permitting Procedures

The following permitting procedures were taken from EPA's Consolidated Permitting Regulations. The department has elected not

to do one-stop permitting as defined by EPA because its' intent is

already captured under an existing state procedure called the

Environmental Coordination Procedures Act (ECPA). The only

minor difference between EPA and the state permitting system is

that the completed Part A submitted to the state is considered

-17-
an "interim status permit." According to EPA's system, a facility

is termed or deemed to have interim status. In addition, the EPA

sequence of permitting events has been modified slightly in the

department's regulations. During the permitting process 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 of permit determination.

6. Open comment preiod and hold public hearings.

7. Process final permits.

8. Conduct further proceedings if necessary.

The Dangerous Waste Regulations 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 required permit

informa t Lon ,

C. Existing TSD Facilities

All facilities granted Interim Status under Section 3005 of RCRA

ate deemed to have an interim status permit. Those facilities

wishing to receive or ordered by the department to receive a final

status permit must submit a completed Part B application to the

department within six months as defined in WAC 173-303-815 (8)(b)

- Applying for a Permit.

D. New TSD Facilities

New facilities must submit both Parts A and B of the permit to the

department six months before physical construction can begin. For

new facilities for which construction began prior to adoption of

WAC 173-303 construction may continue as long as a permit application is submitted within 90 days of the adoption of WAC 173-303.

E. Permitting of Energy Facilities Under EFSEC

Compliance with the dangerous waste regulations, insofar as the

permitting of an "energy facility" is concerned, will be under

the jurisdiction of the Energy Facility Site Evaluation Council

(EFSEC). This council, organized urider Washington statutes,

Chapter 80.50 RCW, is authorized to accept and act on applications for energy facility site certification which 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 may be affected by constructicn and operation of the energy facility in question. In regard to solid waste

-18-
--.

disposal, WAC 463-42-490, stipulates that "the applicant shall

describe the disposition of all solid or semisolid construction

and operation wastes including spent fuel, ash, sludge, and

bottoms, and show compliance with applicable state and local

comprehensive solid waste disposal plans." The management of

dangerous waste falls under the solid waste 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 approval which would otherwise be required. This

is similar in nature to how EFSEC interacts with the NPDES program

in permitting of energy facilities.

V. COMPLIANCE MONITORING AND ENFORCEMENT

A. Objective:

The objective of the. compliance monitoring program is to ensure

the protection of public health and the environment through active

enforcement of the state approved hazardous waste program.

B. Facility Definition and Establishing Priorties:

The compliance monitoring strategy is based upon performing the

greatest number of facility inspections with available resources.

Number of inspections completed each year will be dependent upon

departmental resources. Industries will be classified into two

categories; major or non-major. In general, those facilities

which are the largest, and pose the greatest potential for pollution will 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. The basic

purpose of using criteria is to develop consistent permitting and

compliance monitoring priorities.

The criteria was derived from an EPA model for ranking Superfund

candidates. The criteria considers five factors in establishing

human and environmental risks:

1. Major Hazard of Materials - gives information on the

types of waste being treated, stored, or disposed of at

the facility.

2. Volume of Materials - gives data on the size of potential environmental problem.

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 roR DETERMINING THE PRIORITY OF MAJOR AND

NON-MAJOR FACILITIES.

,

I

I -J.- L..-..__--'- ---'-__---'_~_"='__

I

111 1-

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I_~~_-,-_-~;-------!---=---+--~---+----+--~- I_---=~.==.=.:.:.... -J.- L..____=__ __'__ __=::...__---'-_____L___=___

,

I-_-----------------------'~..::...::....;=---....=....:;.-

121 1-

OBSERVED RELEASES OR VIOLATIONS*

I-~=___==_ _+_-------.JL----=:.....-_J....---==-------L.----!-----==--

1----=--~...::.::.~--_!__-----'--=---~--=----~--7---~­

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111

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1----=-~~..;.;.;::..=....:::..:::'----!------_!_-=---~--=---~--7---~- 1_---=-==::......:..:..=-==--_...1....- -.1..._=___1--_ _=____1--__-'---_ _"___

1----=="-------+------!---=:---7----:~-.__7_--___f--_:_- I_---"==-=- ~_'__ L..__--=-_ __'__ ____=::...__---'-_ _:__---'----:__=_-

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I-~~:..z..:::..:~~...,...__-+_----_+_-=---!__--=----!__--+__--"--- I_--=-.=...z..:::...=...=..~~~___.J_'__ ___.JL..___=__ __'__ __=~_ __l..____L____:.__

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151 1-

30

18

9

57

142

10 3 I

6 3 I

3 3 I

Subtotal

GRAND TOTAL'

Major

Moderate

Minor

1---=.:=..L.:~-----+------!__.=...:::....-_+_-----=::...---__7_--_!---='-=--

I_---.:.:.=;.::.:::.::.::..- +- _!_-=---!----=-----!----.L--~- ,_--==:":O"'- -J.- '---=-_ __'__--=::...___--'-__---'__-"--_

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1.£1

,----------------------------;------:-=--- I

I *May have more than one entry.

,

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-20-
5. Observed Releases or Violations - gives data on history

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

program plan. 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 efficient job.

Each of the four regional offices and the industrial section

will generate their own priority listings. This is necessary

because of different regional staffing levels and priority needs.

When the regional listing is completed the overall review by

headquarters wil ensure all statewide priorities are being

maintained.

In addition to those planned facility inspections, citizen or local

government complaints of hazardous 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 planned facility inspections.

Again, the final number of industries to be inspected will be

dependent upon adequate resources.

C. Inspection Procedures:

The Department of Ecology seldom announces inspections for compliance monitoring. However, this past year we have reversed this

procedure and have announced inspections primarily to include EPA

as part of the inspection team. However, once the state has

received interim authorization prior scheduling will be discontinued. In general, the department inspects facilities on a dropin basis. That is, we come at hours other than normal working

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 inspection would be spills or other facilities that are

suspected to have problems that already exist. Field inspectors

are given basic 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. Talk with owners/supervisors of the facility.

-21-
4. Conduct a tour of the plant site, taking photos, drawing

maps and any other field notes that might be pertinent.

5. Ask general questions about complying with the regulations such as: Are the standards being complied with?

Do they 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. General Definitions

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 violator know there is a problem and the

problem needs to be corrected in a prescribed

manner.

c. Requires the violator to let the department know

what corrective action will be taken.

d. Informs the violator that failure to correct the

problem voluntarily may result in more stringent

action.

e. Establishes a basis for more stringent action if it

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

problem and specifically describes what actions are required

to correct the problem.

A notice is a quasi-legal document and must be signed and

approved by an assistant director.

A notice requires a response from the violator.

Administrative Order - This is a quasi-legal document. It

must be signed by an assistant director or higher authority.

It will be issued 30 or more days after a Notice of Violation except in an air quality enforcement action.

-22-
An order can also be issued without a Notice of Violation in

an emergency situation. These situations occur when there is

a threat to public health and welfare requiting immediate

action.

No Action Order - After a Notice of Violation is issued, an

order must follow. A No Action Order is issued when the

violator has solved the problem prior to issuance of an

Administrative Order.

Civil Penalty - This can only be used as an enforcement

action where 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 civil penalty assessments must be signed and approved by

an assistant director.

Restraining Order - Injunction - When it is allowed by

statute, the department, through its attorney general, can

petition the superior court in the county where a violation

is occurring, or has 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 in violation and has refused to act.

Criminal Proceedings - This is the most severe enforcement

action available to the department. It may be 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 initiated with the approval of the

attorney general and the department director.

2. General Procedures

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 problem with

noncompliance;

-23-
.. ·-----.

(iii) A memo to the files should be completed to

document the situation and discussions with

the violator.

c. If the problem is not solved informally, the next step

is to send a warning letter to the violator. This must

be signed by the section head 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 respond within 30

days.

f. After Notice of Violation, an Administrative Order is

issued by 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 staff member can decide that no further

actiori is necessary.

h. If corrective action is not being taken, the enforcement

officer and the initiating staff member should decide

one of the following courses of action:

(i) Send a reminder letter. This should come from

the section head 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 option b.

j. The matter is referred to the assistant attorney general

and the enforcement officer prepares a memorandum from

the assistant director to the assistant attorney general,

including the following:

(i) A chronology of circumstances and conditions

causing the original enforcement response,

description of conditions, nature of the

violations, and corrective action required.

(ii) Copies of correspondence, memorandum of record,

inspection reports, monitoring reports, and any

other documentation relating to the situation.

-24-
·. J .--.., .----,

(iii) A request that the assistant attorney general

take appropriate action to record penalties

and/or to gain compliance with the notice or

order.

(iv) Attorney general contacts violator. There is

an opportunity to settle without court action.

If unsettled, the case if filed 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 program is the

development of an automatic ,data processing (ADP) system. Due

to the complexity of the Hazardous Waste Program rapid retrieval

of information will be invaluable in terms of responding to the

needs of all interested parties. Conceptually, the system is

divided into three areas: notification, permits, and data summaries (Table D).

Notification data has already been collected by EPA on generators,

transporters, and TSD facilities. This data will be transferred

to the department's computer. Notification information can then

be recalled through a variety of software programs to assist field

and headquarter staff in obtaining rapid notification information.

One major application would be in the development of mailing lists

of affected individuals. Periodic updates of the data base are

planned.

Permit tracking wil also be performed by the ADP system. The

database will contain Part A and Part B permit information (when

available), including compliance dates, permit expiration dates,

and other types of information, such as facility location, permit

violations, other permits the facility has, etc. This information

in the data base will provide workload projections for upcoming

inspections, thus ensuring adequate resources are available, and

that legal deadlines are met. The ADP system will be instrumental

in highlighting permit violations, enforcement-action, and other

actions the department makes for the state annual report to EPA.

The last area where the ADP system will be used is in generating

data summaries, these include such things ab the annual reporting

information collected from industry. This would be essentially an

annual update of our existing hazardous waste inventory. This

will be a continual data collecting process. Another area would

be in a violation summary report, in which the types and numbers

of violations of the dangerous waste regulations could be easily

determined. The possibilities got ptohtsm dysyidyivd are numerous

for the kind of information this database could provide. Another

area of interest is in testing data accumulated by Washington

industries. Testing data will be pooled by 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'ILE D

I) t '

..:........

update

EPA

data

"!iPUTER SYSTEM

EPA DATA 1- - ___--,- .1

- -I WDOE coi new 1 1

input

- ->1 MASTER FILE

,-----.,..-----

NOTIFICATION nATA i i PERMIT DATA 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 , 1 PERMIT I 1 TESTING I 1 VIOLATIONI I ANNUAL

GEN. I I TRANS. I I TSD I I PART 1 I PART I I WORK I 1 DATA I 1 SUMMARY I I REPORT

A I I B I '_J'ROJECTIONS I '- 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 particular waste streams. In

easence , the department would like to create a database of

testing information similar to STORET of EPA's water program.

F. Estimated Types and Number of Regulated Activities

Data estimating the types and numbers of regulated activities

was derived from EPA's notification data base and submitted

Part A permit forms. The foilowing information depicts the

status of Washington State:

Types

Generation

Transportation

TSD

On-site

Off-site

Number

879*

226*

108**

20**

* During notification process 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-