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REVISION ATTORNEY GENERAL'S STATEMENT
 

Final Authorization for Changes to the Federal
 

RCRA Program
 

For Rules 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 of the state of Washington 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) of June 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. IDENTIFICATION AND 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 of seven 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 of Laws 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 of three 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). 

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Citation of Laws and Regulations; Date of Adoption 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 of the Attorney General
 

The State analog is equivalent to the federal requirement (See Revision Checklist 128).
 

(28) Listing of Beryllium (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 of Laws and Regulations; Date of Adoption 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 of the Attorney General
 

The State analogs are equivalent to the federal requirements (See Revision Checklist 134).
 

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(29) Listing of five wastes generated during the production of carbamate chemicals 

(except to the extent that K156, K157 and K158 include IPBC), plus the listing of 

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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 of Laws and Regulations; Date of Adoption 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 of the 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. 

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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 of the 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 

of household 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: 

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(2) remove five conditionally retained mineral processing wastes from the 

exemption from hazardous waste regulation under the Bevill exclusion, and 

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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. 

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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 of Adoption 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 CFR Part 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) of this 

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; 

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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 of the 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 itself is 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).
 

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 of the 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 of hazardous 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 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 of the 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 FR 7824) and as affected by Dithiocarbamate Task Force v. EPA, 

CA DC 95-1249,11/1/96. 

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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 of the 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 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
 

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

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Remarks of the 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
 

Appendix VIII as amended June 17, 1997 (62 FR 32974).
 

Citation ofLaws and Regulations; Date ofEnactment and Adoption
 

Hazardous Waste Management Act 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 of Laws and Regulations; Date of Adoption 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 of the Attorney General 

The State analogs are equivalent to the federal requirements (See Revision Checklist 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 that 

the 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). 

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 131). At 

the request of commenters, the State retained three units of measure in it table- for short tons, 

pounds, and kilograms- when it updated the codes and units of measure. This does not affect 

stringency since it does not affect how the waste is managed or reported; it merely retains a unit 

of measure consistent with the rest of the 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).
 

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 145).
 

xv. STANDARDS FOR FACILITIES 

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 of hazardous wastes
 

other than a well to which §3020 of RCRA applies.
 

Federal Authority: RCRA 3004(b)-(q); 40 CFR 264.18 and 265.18 as amended July 15, 1985 (50
 

FR28702).
 

Citation of Laws and Regulations; Date of Adoption 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 of the 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 Management Act 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 of the Attorney General
 

The State analogs are equivalent to the federal requirements (See Revision Checklist 17E).
 

C. State statutes and regulations prohibit the 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 of Laws and Regulations; Date of Adoption 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 

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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 of ignitability 

The incorporation by reference in WAC 173-303-505(2)(c) does not include provisions beyond 

the standards in A through N of Parts 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 of the 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 FR 29958). 

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 CFR 264.151 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 of hazardous 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 of Laws 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(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 of the 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 of the 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 of Laws and Regulations; Date of Adoption 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 of the 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 of Laws and Regulations; Date of Adoption and Effect Date 

Hazardous Waste Management 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 of the 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 brief statement of applicability 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 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(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 of the 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 

13 
The 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 of certain widely generated wastes determined "universal wastes" as 

indicated in Revision Checklist 142 A. 

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). 

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 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 of January 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 of the secondary materials. 

14 
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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 of corrosivity 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).
 

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 of the 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 

indicated in 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 of the 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 equivalent to the federal requirements (See Revision Checklist 142E).
 

STATUTORY REVIEW
 

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 of industrial 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 if the exemption of that 

permit would conflict with a requirement of any of its authorized programs. IfEcology 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. 

Environmental Excellence Program Agreements 

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 of the state agencies or the Attorney General to 

bring enforcement actions for violations of the 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 of an 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 must provide for notice to the Us. 

Environmental Protection Agency or other responsible federal agency of each proposed 

•
 environmental excellence program agreement that may affect legal requirements ofany program 

17 
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•
 

administered by that agency. If the federal agency objects to the agreement, it cannot be 

approved 

The coordinating agency must provide a copy ofthe environmental excellence program agreement, 

and a copy of the 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 of an 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 of an 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 which the 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 of assistants 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 {-J J-- rC(
 

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