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•

• REVISION ATTORNEY GENERAL'S STATEMENT FinalAuthorization for Changes to the Federal RCRA Program
ForRules Adopted through February 1998 I hereby certify, pursuant to my authority as an Assistant Attorney General and in accordance with Section 3006(b) of the Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984 (42 USC 6901 et seq.), and 40 CFR 271 that in 

### my opinion the laws ofthe state ofWashington provide adequate authority to carry out the revised program set forth in the revised "Program Description" submitted by the Washington State Department of Ecology. The specific authorities provided are contained in statutes or regulations lawfully adopted at the time this Statement is signed and which are in effect now as specified below. These authorities and. this certification supplement the previously certified authorities described in my (or my predecessors) certification(s) ofJune 1984, September 1987, December 1993, October 1995, February 1998, and April 1998. The State Department of Ecology is designated as the agency for implementing RCRA and adopting rules thereunder, at RCW 70.105.130 and more recently, by RCW 70.105D.030(1)(d). The specific authorities to carry out the revised program are contained in the statutes or regulations specified below. Ecology is authorized to incorporate Federal regulations by reference pursuant to RCW 34.05.365. The cited statutes and regulations were all lawfully adopted by January 8, 1998, and are currently in effect. The following Revision Checklists are included in this authorization application and are incorporated into this Attorney General's Statement: Revision Checklist Numbers 17C, 17E, 17G, 17M, 170, 58, 70, 71, 110, 126, 128, 131, 133, 134, 135, 136, 139, 140, 141, 142A, 142B, 142D, 142E, 145, 150, and 159. In the current version of the regulations, at WAC**173~303-045,** 

### the date for incorporation by reference of federal regulations is July 1, 1996 because the state adopted federal regulations through the end of 1995 during its last rulemaking. A more recent date was used only for two more recent regulations, which are noted in WAC 173-303-045(1)(a) and (b). 

### The two exceptions are for Update III to SW 846, June 13, 1997, FR Volume 62, Number 114 and Land Disposal Restriction requirements for carbamate wastes, June 17, 1997, FR Volume 62, Number 116. Both of these were adopted from more recent federal regulations and they were noted separately in WAC 173-303-045." I. IDENTIFICATIONAND LISTING A. State statutes and regulations contain lists of hazardous waste which encompass all wastes controlled under the following Federal regulations as indicated in the designated Revision Checklists: (23) Listing ofseven wastes (K141, K142, K143, K144, K145, K147, and K148) generated during the production, recovery and refining of coke by-products produced from coal, 40 CFR 261.32, and Part 261 Appendix VII as amended . August 18, 1992 [57 FR 37284], Revision Checklist 110.Federal Authority: RCRA 3001(b). Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Administrative Procedure Act RCW 34.05.365, November 10, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklist 110). The . State analog to 40 CFR Appendix VII to Part 261 is incorporated by reference. (27) Listing ofthree chemicals from wood surface protection processes, 40 CFR 261 Appendix VIII, as amended January 4, 1994 [59 FR 458], Revision Checklist 128. Federal Authority: RCRA 3001(b). 

# • Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analog is equivalent to the federal requirement (See Revision Checklist 128). (28) Listing ofBeryllium (P015) is amended to read "Beryllium powder," 40 CFR 261.33 and Part 261 Appendix VIII, as amended June 20, 1994 [59 FR 31551], Revision Checklist 134. Federal Authority: RCRA 3001(b). Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalentto the federal requirements (See Revision Checklist 134). 

# • (29) Listing offive wastes generated during the production ofcarbamate chemicals (except to the extent that K156, K157 and K158 include IPBC), plus the listing of

2

# • 34 commercial chemical products, 40 CFR 261.32, 261.33(e), 261.33(f), Part 261, Appendix VII and Part 261, Appendix VIII, as amended February 9, 1995 [60 FR 7824], April 17, 1995 [60 FR 19165], and May 12, 1995 [60 FR 25619] and affected by 

### Dithiocarbamate Task Force v. 

### EPA, CA 

### DC 95-1249, 11/1/96, Revision Checklist 140. Federal Authority: RCRA 3001(b). Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.l05D.030(1)(d), November 12, 1997 Administrative Procedure Act RCW 34.05.365, November 10, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal (See Revision Checklist 140). The analog to 40 CFR Part 261 Appendix VII is incorporated by reference. 

# • E. State statutes and regulations define hazardous waste so as to not exclude household waste other than those household wastes excluded in 40 CFR 261.4(b)(1), as indicated in Revision Checklist 17 C. Federal Authority: RCRA 3001; 40 CFR 261.4(b)(1) as amended July 15, 1985 (50 FR 28702). Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analog is equivalent to the federal.requirement (See Revision Checklist 17C). The state analog to 40 CFR 261.4(b)(1) is equivalent to the federal exclusion because the definition ofhousehold hazardous waste applies to any waste that is derived from households even though the State doesn't specifically use the words treated, recovered, or reused. The first sentence is not an exclusive list. The general definition is broad enough to cover treated, recovered, or reused wastes. The exclusion goes on to state that residues from or generated by management of the waste are not excluded. This means that the managed wastes themselves (treated, recovered, or reused) are excluded, but their residues are not. 

### J. State statutes and regulations that: 

# • (2) remove five conditionally retained mineral processing wastes from the exemption from hazardous waste regulation under the Bevill exclusion, and

3

# • amend the definitions of "beneficiation" and "designated facility" as indicated in Revision Checklist 71. Federal Authority: RCRA 300 1(b)(3)(A)(ii); 40 CFR 260.10 and 261.4(b)(7) as amended January 23, 1990 (55 FR 2322).

. Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup

- Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
Remarks ofthe Attorney General The State analogs are broader in scope than the federal requirements except for two that are equivalent (See Revision Checklist 71). The State 'has not adopted analogs to 40 CFR 261.4(b)(7), which is an exclusion for mining wastes, and thus is broader in scope. 

# • Y. State statutes and regulations exclude from being a solid waste K060, K087, K141, K142, K143, K144, K145, K147 and K148, and those coke by-product residues that are hazardous only because they exhibit the Toxicity Characteristic when, subsequent to generation, these wastes are recycled by being returned to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar as specified in Revision Checklist 110.
Federal Authority: RCRA 3001(e)(2) and (h); 40 CFR 261.4(a)(10) as amended August 18, 1992 (57 FR 37284).
Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup

- Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Administrative Procedure Act RCW 34.05.365, November 10, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklist 110). The analog to 40 CFRPart 261 Appendix VII is incorporated by reference.
DB. State statutes and regulations replace the current Second Edition (including Updates I and II) of the "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, by incorporating by reference the Third Edition (and its first update) ofthis test methods manual. Throughout the State's code, references to test methods directly refer to the methods as they are found in SW-846, as indicated in Revision Checklist 126. Federal Authority: RCRA §§1006; 2002, 3001, 3002, 3004, 3005, 3006, 3010, and 3014; 40 CFR 260.11(a); 260.22(d)(1)(i); 261.22(a)(1)&(2); 261.24(a); 261 Appendices II, III, and X; 264.190(a); • 264.314(c); 265.l90(a); 265.314(d); 268.7(a); 268.40(a); 268.41 (a); 268 Appendices I & IX;

4•



# •

• 270.6(a); 270.19(c)(1)(iii)&(iv); 270.62(b)(2)(i)(C)&(D); and 270.66(c)(2)(i)&(ii) as amended August 31, 1993 (58 FR 46040) and September 19, 1994 (59 FR 47980). Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act.RCW 70.105D.030(1)(d), November 12, 1997 Administrative Procedure Act RCW 34.05.365, November 10, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklist 126) except for one that is more stringent. The State is more stringent at WAC 173-303-910(4)(a) because the State does not exclude wastes that are hazardous under 40 CFR Part 261. EPA must first exclude them as hazardous wastes then the State can exclude them as State-only wastes. The State has incorporated by reference analogs to 40 CFR 265.190(a) and 314(d) at WAC 173-303­ 400(3)(a); and analogs to 40 CFR 268.7(a), 268.40(a), 268.41(a) and 268 Appendices I and IX at WAC 173-303-140(2)(a). SW 846 itselfis incorporated by reference. The State does not have an analog to 40 CFR 270.66(c)(2)(I) and (ii) because the State has not adopted the Hazardous Waste Burned in Boilers and Industrial Furnaces rule. 

# ce. State statutes and regulations incorporate by reference "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, the Third Edition (November 1986), as amended by Updates I, II, IIA, and lIB as indicated in Revision Checklists 128, 139, and 141. Federal Authority: RCRA §§2002(a), 3001(b), and 3001(e)(1); 40 CFR 260.11(a) as amended January 4, 1994 (59 FR 458), January 13, 1995 (60 FR 3089), and April 4, 1995 (60 FR 11001). CitationofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Administrative Procedure Act RCW 34.05.365, November 10, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklists 128, 139, and 141). While these references are not incorporated by reference, SW 846 itself is incorporated by reference. EE. State statutes and regulations exempt, from the definition ofhazardous waste, recovered oil meeting the 40 CFR 261.4(a)(12) criteria as indicated in Revision Checklist 135. Federal Authority: RCRA §§ 2002 and 3001; 40 CFR 261.3(c)(2)(ii)(B), 261.4(a)(12), 261.6(a)(3)(iv) through (vi) as amended July 28, 1994 (59 FR 38536).'

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# • Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste ManagementAct RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements with the exception of one analog (See Revision Checklist 135). The State does not have an analog to 40 CFR 266.100(b)(3) because the State has not adopted the Hazardous Waste Burned in Boilers and Industrial Furnaces rule. 

### FF. State "statutes and regulations which exclude from being hazardous certain wastewaters from the production of carbamates and carbamoyl oximes of K157 provided the conditions in 261.3(a)(2)(iv)(F) are met as indicated in Revision Checklist 140. Federal Authority: RCRA §§2002(a), 3001(b) and (e)(I); 40 CFR 261.3(a)(2)(iv)(E)&(F), as amended February 9, 1995 (60 FR7824) and as affected by Dithiocarbamate Task Force v. EPA, CA DC 95-1249,11/1/96. 

# • Citation of Laws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General, The State analogs are more stringent than the federal requirements (See Revision Checklist 140). The State is more stringent because it does not have analogs to the following de minimis wastewater "exclusions"- 40 CFR 261.3(a)(2)(iv)(E) and (F). GG. State statutes and regulations which exclude from being hazardous certain wastewaters derived from the treatment of one or more wastes listed in 261.32, organic waste from the production of carbamates and carbamoyl oximes of K156, provided the conditions in 261.3(a)(2)(iv)(G) are met as indicated in Revision Checklist 140. Federal Authority: RCRA §§2002(a), 3001(b) and (e)(l); 40 CFR 261.3(a)(2)(iv)(G), as amended February 9, 1995 (60 FR 7824) and as affected by Dithiocarbamate Task Force v. EPA, CA DC 95-1249,11/1/96. Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste ManagementAct RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 1997 

# • Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998

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# •

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• Remarks ofthe Attorney General The State is more stringent because it does not have an analog to the following de minimis wastewater "exclusion"- 40 CFR 261.3(a)(2)(iv)(G) (See Revision Checklist 140).
HR. State statutes and regulations which exclude from being hazardous biological treatment sludge from the treatment of organic wastes from the production of carbamates and carbamoyl moines of K156 and wastewaters from the production of carbamates and carbamoyl oximes of K157 as indicated in Revision Checklist 140. Federal Authority: RCRA §§2002(a), 3001(b) and (e)(l); 40 CFR 261.3(c)(2)(ii)(D), as amended February 9, 1995 (60 FR 7824) and as affected by Dithiocarbamate Task Force v. EPA, CA DC 95-1249, 11/1/96. Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analog is equivalent to the federal requirement (See Revision Checklist 140)

.. II. State statutes and regulations provide that recovered oil excluded from the definition of hazardous waste at 40 CFR 261.4(a)(l2) be inserted into the petroleum refining process at or before a point where contaminants are removed as indicated in Revision Checklist 150. Federal Authority: RCRA §§2002 and 3001; 40 CFR 261.4(a)(l2) as amended March 26, 1996 (61 FR 13103).

. Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analog is equivalent to the federal requirements (See Revision Checklist 150). MM. State statutes and regulations include revisions designed to conform with the Federal appeals court ruling (98 F.3d 1394 (D.C. Cir. 1996» which invalidated, in part, certain EPA regulations listing certain carbamate wastes as hazardous as indicated in Revision Checklist 159. Federal Authority: RCRA 3001 and 3004; 40 CFR 261.32, 261.33(f), 261 Appendix VII, 261 AppendixVIII as amended June 17, 1997 (62 FR 32974). Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste ManagementAct RCW 70.105.130, February 23, 1998

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# •

•

• Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Administrative Procedure Act RCW 34.05.365, November 10, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 

## n, 1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklist 159). The analog to 40 CFR 261 Appendix VII is incorporated by reference. 

### VII. NATIONAL UNIFORM MANIFEST SYSTEM AND RECORD KEEPING
D. State statutes and regulations include a burden disclosure statement with each uniform manifest form and renew the use ofthis form as indicated in Revision Checklist 58. Federal Authority: RCRA 2002, 3002, and 3003; 40 CFR 262.20 and Part 262 Appendix as amended November 8, 1988 (53 FR 45089). Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste ManagementAct RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Administrative Procedure Act RCW 34.05.365, November 10, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See RevisionChecklist 58). One of the analogs to 40 CFR 262.20(a) and the analogs to 8700-22 and 8700-22A are incorporated by reference.
E. State statutes and regulations require that generators who ship hazardous waste to a designated facility in an authorized state which has not yet obtained authorization to regulate that particular waste as a hazardous waste assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility, as indicated in Revision Checklist 71. Federal Authority: RCRA 2002, 3002 and 3003; 40 CFR 262.23(e) as amended on January 23, 1990 (55 FR 2322). Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analog is equivalent to the federal requirement (See Revision Checklist 71).

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•

• F. State statutes and regulations incorporate updates to the recordkeeping instructions so thatthe codes used by hazardous waste treatment, storage and disposal facilities to maintain records onsite match the codes used by these facilities on the Part A Permit Application Form as indicated on Revision Checklist 131. The new handling codes for Miscellaneous Units and Boilers and Industrial Furnaces, addressed by Checklist 131, are also incorporated into the statutes and regulations. Federal Authority: RCRA §§ 3004 and 3005; 40 CFR 264 Appendix I, 265 Appendix I as amended March 24, 1994 (59 FR 13891). CitationofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklist 131). At the 

### requestofcommenters, the State retained three units ofmeasure in it table- for short tons, pounds, and kilograms- when it updated the codes and units ofmeasure. This does not affect stringency since it does not affect how the waste is managed or reported; it merely retains a unit ofmeasure consistent with the rest ofthe table that the regulated community finds helpful. 

# x. LIQUIDS IN LANDFILLS C. State statutes and regulations provide that OECD 301B (Modified Sturm Test) may also be used to demonstrate that a sorbent is non-biodegradable as indicated in Revision Checklist 145. Federal Authority: RCRA §3004(c), 42 U.S.C. 6924(c); 40 CFR 264.314(e)(2)(ii)&(iii), and 265.314(e)(2)(ii)&(iii) as amended July 11, 1995 (60 FR 35703). CitationofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, ·1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklist 145).


## xv. STANDARDS FORFACILITIES A. State statutes and regulations prohibit the land disposal of hazardous waste prohibited under 40 CFR Parts 264 and 265 as indicated in Revision Checklist 17 E. Land disposal includes, but is not limited to, placement in landfills, surface impoundments, waste piles, deep

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• injection wells, land treatment facilities, salt dome and bed formations and underground mines or caves. Deep injection well means a well used for the underground injection ofhazardous wastes other than a well to which §3020 ofRCRA applies. Federal Authority: RCRA 3004(b)-(q); 40 CFR 264.18 and 265.18 as amended July 15, 1985 (50 FR28702). Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklist 17E).
B. Effective on November 8, 1984, State statutes and regulations prohibit the placement of any non-containerized or bulk liquid hazardous waste in any salt dome or salt bed formation any underground mine or cave except as provided in 264.18(c) and 265.18(c) as indicated in Revision Checklist 17 E. Furthermore, State statutes and regulations prohibit the placement of any other hazardous waste in such formations until a permit is issued. Federal Authority: RCRA 3004(b); 40 CFR 264.18 and 265.18 as amended July 15, 1985 (50 FR 28702). Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste ManagementAct RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control ActRCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklist 17E). C. State statutes and regulations prohibitthe use ofwaste oil or other materials contaminated with hazardous wastes (except ignitable wastes) as a dust suppressant as indicated in Revision Checklist 17 G. Federal Authority: RCRA 3004(1); 40 CFR 266.23 as amended July 15, 1985 (50 FR 28702). Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste ManagementAct RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998

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# •

•

• Remarks ofthe Attorney General One State analog is equivalent to the federal requirements; the other is more stringent (See Revision Checklist 17G). The State analog to 40 CFR 266.23(b) is more stringent because the State rule does not contain the exception for waste identified solely on the basis ofignitability The incorporation by reference in WAC 173-303-505(2)(c) does not include provisions beyond the standards in A throughN ofParts 264 and 265 ofthe federal code. 

## u. State statutes and regulations indicate that the "Uniform Customs and Practice for Documentary Credits" is a copyrighted document ofthe International Chamber of Commerce as indicated in Revision Checklist 133. Federal Authority: RCRA 2002(a), 3004, 3005, and 3006; 40 CFR 264.151(d) & (k) as amended June 10, 1994 (59 FR29958).
Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.l05D.030(l)(d), November 12, 1997 Administrative Procedure Act RCW 34.05.365, November 10, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklist 133). The State incorporates the wording ofthe financial instruments at 40 CFR264.151 by reference. 

## v. State statutes and regulations remove from the 266.20(b) exemption anti-skid/deicing uses of slags from high temperature metals recovery (HTMR) processing ofhazardous wastes K061, K062, and F006 as indicated in Revision Checklist 136. Federal Authority: RCRA §3004; 40 CFR Parts 266.20(c) and 268.41(a) as amended August 24, 1994 (59 FR 43496). Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste ManagementAct RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.l05D.030(l)(d), November 12, 1997 Administrative Procedure Act RCW 34.05.365, November 10, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklist 136). The analog to 40 CFR 268.41 (a)/Table CCWE is incorporated by reference

.

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•

• 

### XVI. REQUIREMENTS FOR PERMITS A. State statutes and regulations allow a facility (1) to construct an approved TSCA facility for burning PCBs without" first obtaining a RCRA permit and (2) to subsequently apply for a RCRA permit in accordance with Revision Checklist 17 M. Federal Authority: RCRA 3005(a); 40 CFR 270.1O(f)(;3) as amended July 15, 1985 (50 FR 28702). Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements with the exception of one analog that is more stringent (See Revision Checklist 17M). The State is more stringent because it chose not to adopt the reduced requirement at 40 CFR 270.10(f)(3) for construction of TSCA PCB incineration facilities. 

## c. State statutes and regulations require permits to contain any conditions necessary to protect human health and the environment in addition to any conditions required by regulations as indicated in Revision Checklist 170. Federal Authority: RCRA 3005(c)(3); 40 CFR 270.32(b) as amended July 15, 1985 (50 FR 28702). Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous WasteManagement Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analog is equivalent to the federal requirement (See Revision Checklist 170).
V. State stafutes and regulations incorporate updates to 40 CFR Part 124 as indicated in Revision Checklist 70. Federal Authority: RCRA 6901 and 6902; 40 CFR 124.3, 124.5, 124.6, 124.10 and 124.12 as amended April 1, 1983 (48 FR 14146), June 30, 1983 (48 FR 30113), July 26, 1988 (53 FR 28118), September 26, 1988 (53 FR 37396) and January 4, 1989 (54 FR 246). Citation ofLaws and Regulations; Date ofAdoption and Effect Date Hazardous WasteManagement Act RCW 70.105)30, February 23, 1998

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# I.

•

• Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklist 70). The State does not have an analog to 40 CFR 124.3(a); however, this does not affect stringency because 124.3(a) is a briefstatement ofapplicability to state programs, and does not set forth any requirements. 

### XXI. LAND DISPOSAL RESTRICTIONS
P. State statutes and regulations include a revision to P015 listing in the land disposal restrictions technology-based treatment standards as indicated on Revision Checklist 134. Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 268.42(a)/Table 2, as amended June 20, 1994 (59 FR 31551). Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,­ 1997 Administrative Procedure Act RCW 34.05.365, November 10, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analog is equivalent to the federal requirement (See Revision Checklist 134). The analog to 40 CFR 268.42(a)/Table 2 is incorporated by reference. 

# z. State statutes and regulations include revisions designed to conform with the Federal appeals court ruling (98 F.3d 1394 (D.C. Cir. 1996)) which invalidated, in part, certain EPA regulations including the land disposal prohibitions and treatment standards for the vacated carbamate wastes as indicated in Revision Checklist 159. Federal Authority: RCRA 3004(d)-(k) and (m); 40 CFR 268.39(a), 268.39(d), and 268.40 as amended June 17, 1997 (62 FR32974). Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Administrative Procedure Act RCW 34.05.365, November 10, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General

13The State analogs are equivalent to the federal requirements (See Revision Checklist 159). The • analogs to 40 CFR Part 268 are incorporated by reference.
XXIII. UNIVERSAL WASTES A. State statutes and regulations provide hazardous waste management standards for the collection and management ofcertain widely generated wastes determined "universal wastes" as indicated in Revision Checklist 142A. Federal Authority: RCRA §§2002, 3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.5(c), 261.5(f)(3)(vi), 261.5(g)(3)(vi), 261.9 intro, 262.1O(b), 262.11(d), 264.1(g)(11) intro, 265.1(c)(l4) intro, 268.1(f) intro, 270.1(c)(2)(viii) 'intro, 273.1(a) intro, 273.1(b), 273.5, 273.6, 273.10, 273.11, 273.12, 273.14 intro, 273.15-273.31, 273.32(a)(1)&(2), 273.32(b), 273.34 intro, 273.35-273.70 as amended May 11, 1995 (60 FR 25492). CitationofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

# • Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements except for one that is more stringent (See Revision Checklist 142A). The State has not adopted an analog to 40 CFR 261.5(c)(2), a counting exclusion, and thus is more stringent. The State analog to 40 CFR 261.4 and 261.5(c)(l) is equivalent; however the state exclusions differ from the federal regulations, as follows: 1) WAC 173-303-071(3)(e) is an exclusion for asphaltic materials designated only for the presence ofPAHs by WAC 173-303-100(6). This exclusion is for wastes that designate only because they are a state-only waste under Washington's persistent criteria. They are not regulated under federal hazardous waste regulations. 2) WAC 173-303-071(3)(f) is an exclusion for roofing tars and shingles. These are state-only wastes. As stated in the exclusion, these wastes are not excluded if mixed with listed or characteristic wastes, i.e. mixed with wastes regulated under the federal hazardous waste regulations. 3) WAC 173-303-071(3)(q) is a federal exclusion. The state wording differs from the federal rule in two places. First, the State inserted the date when this exclusion became effective in Washington- "as ofJanuary 1, 1987". The second difference is that the State added a fifth provision, which states that the generator 

# • must comply with the chapter's requirements when managing any residues generated from the collection, reclamation, and reuse ofthe secondary materials.

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# • This is not an extra requirement. The federal exclusion also applies only to the materials that are reclaimed and returned to the original process. The State chose to add this provision as a reminder to the generator that the residues are not excluded. 4) WAC 173-303-071(3)(v) is an exclusion for wood ash that designates solely for the state-only solid corrosivity (WAC 173-303-090(6)(a)(iii)) characteristic. The federal hazardous waste characteristic ofcorrosivity applies only to aqueous or liquid wastes and not to solids. Washington regulates solid corrosives as state-

. only wastes. 5) WAC 173-303-071(3)(y)- Ecology considered adopting the federal exclusion for non-terne plated used oil filters at 40 CFR 261.4(b)(13), but decided not to since the result could be that oil filters could be disposed in solid waste landfills. At the same time, Ecology thought that it would be helpful to generators to point out to them the regulatory pathway for management of terne plated used oil filters. As noted 

### in the State's exclusion, the used oil filters must be managed in accordance with the recycling requirements for used oil and scrap metal to be excluded. This regulatory pathway is identical to that required under the federal hazardous waste requirements. 

# • Note that the State did not submit Revision Checklist 142C for authorization because the State did not adopt universal waste rule requirements for pesticides. Under the State rules, pesticides remain fully regulated.
B. State statutes and regulations include hazardous waste batteries as a universal waste as indicated 

### in Revision Checklist 142 B. Federal Authority: RCRA §§3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.6(a)(3), 261.9(a), 264.1(g)(11)(i), 265.1(c)(14)(i), 266.80(a), 266.80(b) intro, 268.1(f)(1), 270.1(c)(2)(viii)(A), 273.1(a)(1), 273.2, 273.6, 273.13(a), 273.14(a), 273.33(a), and 273.34(a) as amended May 11, 1995 (60 FR 25492). CitationofLaws and Regulations: Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarksofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklist 142B). 

### D. State statutes and regulations include hazardous waste thermostats as a universal waste as indicatedin Revision Checklist 142 D. 

# •

# •

•

• Federal Authority: RCRA §§3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.9(c), 264.1(g)(1l)(iii), 265.1(c)(14)(iii), 268.1(f)(3), 270.1(c)(2)(viii)(C), 273.1(a)(3), 273.4, 273.6, 273.13(c), 273.14(d), 273.33(c), and 273.34(d) as amended May 11, 1995 (60 FR 25492).
Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalent to the federal requirements (See Revision Checklist 142D). 

### E. State statutes and regulations allow petitions to include other wastes as universal wastes as indicated in Revision Checklist 142 E. Federal Authority: RCRA §3001, 3002, 3003, 3004, 3005, 3010, and 3013; 40 CFR 260.20(a), 260.23,273.80, and 273.81 as amended May 11, 1995 (60 FR 25492). Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 1997

. Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analogs are equivalentto the federal requirements (See Revision Checklist 142E). STATUTORYREVIEW Revisions to Washington's Model Toxics Control Act Washington's Model Toxics Control Act (MTCA) has only had minor revisions since Washington's authorized program was expanded to include corrective actions that use an enforceable action issued pursuant to MTCA, to fulfill in whole or in part, WAC 173-303-646. The minor revisions do not impact Washington's authorized program. RCW 70.105D.020 was amended to include a definition ofindustrial property. This definition merely clarifies which properties can apply industrial cleanup standards. The industrial cleanup standards existed prior to the amendment, and thus the amendment does not impact Washington's authorized program. RCW 70.105D.020 was amended to include a definition for operating a facility primarily to protect a security interest. The definition merely clarifies the potential liability of security holders. It does not relieve any party of its liability or duty to comply with applicable

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# • environmental regulations. Accordingly, the amendment does not impact Washington's authorized program. RCW 70.105D.040(5) was added to allow the Department to enter into prospective purchaser agreements with parties who are not otherwise liable for cleanup at the facility. The amendment does not alter the duty of a facility to perform corrective action or change in any manner the cleanup requirements applied to a facility. Accordingly, the amendment does not impact Washington's authorized program. RCW 70.105D.070 was amended to provide grants to liable parties and to provide grants to facilitate participation by persons or organizations in the cleanup process. Both of these amendments provide resources to encourage cleanups and to ensure proper cleanups, but do not change the liability structure under MTCA. The amendments do not modify any requirements for corrective' actions. Accordingly, neither of these amendments impact Washington's authorized program. RCW 70.105D.090 was added to provide an exemption for certain procedural requirements. The amendment allows Ecology to exempt a facility from having to obtain certain permits as a part of the corrective action process. Ecology has established procedures to ensure that the substantive requirements of any exempted permit are complied with and are included in the enforceable action issued pursuant to MTCA. Ecology will not exempt a permit ifthe exemption ofthat permit would conflict with a requirement ofany ofits authorized programs. If

### Ecology does not exempt a permit, the permit must be obtained by the facility. For example, the requirement to incorporate corrective action orders done pursuant to MTCA into a final federal RCRA permit is not exempted by the MTCA permit exemption provision. Accordingly, this amendment does not impact Washington's authorized program. 

### EnvironmentalExcellence ProgramAgreements In 1997, the Washington legislature authorized a new approach to environmental regulation. Engrossed Second Substitute House Bill 1866 (Ch. 43.21k RCW) authorized state agencies administering environinental regulatory programs to enter into "Environmental Excellence Program Agreements" ("EEPAs") that set facility-specific regulatory requirements. The terms of an EEPA supersede and replace otherwise applicable requirements under Washington's environmental laws including statutes, regulations and guidance. The law became effective on July 27, 1997 and sunsets on June 30, 2002. The Act does not alter in any way the authority ofthe state agencies or the Attorney General to bring enforcement actions for violations ofthe legal requirements under which a facility must operate. This includes regulatory requirements that are not affected by an agreement, as well as the enforceable provisions ofan agreement. The legal requirements superseded or replaced by an agreement are no longer applicable to or enforceable for that facility. 

### Before an EEPA can be approved, the coordinating agency mustprovidefor notice to the Us. Environmental Protection Agency or other responsible federal agency of each proposed environmental excellence program agreement that may affect legal requirements of any program •

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## • administered by that agency. 

### Ifthe federal agency objects to the agreement, it cannot be approved
The coordinating agency mustprovide a copy ofthe environmental excellenceprogram agreement, and a copy ofthe required notice to the federal agency that is responsible for administering that program at least thirty days before entering into or modifying the environmental excellence program agreement, and must give the federal agency the opportunity to object to those terms of the environmental excellence program agreement or modification ofan environmental excellence program agreement affecting the legal requirements.
In accordance with RCW 43.21K.030(5) (Authority for agreements-Restrictions) directors of State and other agencies can not enter into an environmental excellence program agreement or a modification ofan environmental excellence program agreement containing terms affecting legal requirements adopted to comply with provisions of a federal regulatory program to which the responsible federal agency objects.
This law does not impact Washington's authorized hazardous waste program because. State agencies that have delegated federal programs cannot approve an agreement containing terms to whichthe delegating federal agency has objected. Authority for making this certification My authority for making this certification can be found at RCW 43.10.060 which authorizes the appointment ofassistants to the Attorney General and provides those assistants with authority to perform the same activities the Attorney General is authorized to perform.



# /£}U'-"**C~4** THOMAS C. MORRILL Assistant Attorney General Date {-

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