### State - Initiated Changes Table

This table consists of state - initiated amendments to the Dangerous Waste Regulation chapter 173 - 303 WAC. The table lists the state citation that was amended, the reason for the amendment (clarifications, citation corrections, etc.) and the related federal citation and checklist number. Yellow highlighted rules indicate state - only amendments. There are no analogous federal citations for these rules and EPA does not authorize or enforce state - only rules. Sections i n red indicate rules that were changed from the proposed (1/15/09) version to adopted version (6/30/09). State Citation WAC 173 - 303 - Reason for change Federal 40 CFR Citation Checklist Number 030 Clarification - Add acronyms (PODC, DRE, APTI,

MACT, TEQ, CAMU, TU) 260 related 040 Clarify definition for Closure - update to clarify

closure applies to recyclers, some generators and some transporters 262.10 040 Compliance Procedure - removed the cited dates

and added RCW title 260 related 040 Moved Inhalation LC 50 definition from section 100 Modified following definitions for consistency with Toxic Category T able in WAC 173 - 303:
 100(5)Dermal LD 50 definition modified to Dermal Rabbit LD 50  Oral LD 50 definition modified to Oral Rat LD 50 No direct federal analog State - only – broader in scope program element

040 Person - Updated to match federal rule 260.10 040 Staging Pile - Updated to match federal rule 260.10 CL 175 040 Surface Impoundment- Change language to

reflect federal definition by deleting the word “dangerous” 260.10 045 Incorporation by reference updated to July 2007 260 - 280 related 070(7)(c) Clarify that counting exclusion applies to permit

by rule (PBR), not to treatment by generator activity 261. 5(c) Intro 142 070(8)(d) Citations corrected for used oil burned for

energy recovery 261.5 related 23?071(3)(cc)(ii) Deletion of incorrect NAICS codes - 487110, 722310, 425110 261.4(a)(12)(i),(ii) 081(1), 081(1)(a), & 082(1) Clarification on appropriate commercial

chemical p roduct waste code 261.33, 261.31(a) *083(2)(b)(iii)(A&(B) Clarification - SW - 846 is incorporated by

reference at 110(3)(a) 261.35(b)(2)(iii)(A)&(B) 82, 92 *090(5)(a)(i) and (6)(a)(i), & (iii) Clarification - SW - 846 test method is

incorporated by reference at 110(3) Updates to ASTM and NACE procedures 261.21(a)(1), 261.22(a)(1) and (2) 090(6)(a)(ii) Clarify that the NACE test method is the same

as SW - 846 Method 1110A 261.22(a)(1) and (2) 100(2), (3), (5)(b)(i) Clarify book designation requirement to use

data with highest toxicity value and to evaluate toxicity to aquatic species. Two state toxicity data sources added Ecotoxicology database (ECOTOX) and Hazardous Substance Database (HSDB) No direct federal ana log State - only – broader in scope program element 100(5)(c)(i)&(ii) Delete unnecessary parenthetical reference

regarding category D or above at (5)(c)(i), and “category range” at (5)(c)(ii). No direct federal analog . State - only – broader in scope program element 100(5)(b)(iii) Example 1 continued Delete incorrect information in example No direct federal analog . State - only – broader in scope program element 104(5) & 180(5) Delete lab pack codes due to a conflict with new

fe deral manifest rule No direct federal analog . State - only – broader in scope program element 110 title First sentence revised by adding word

“analytes” 260.1, 270.6 related 126, 158 110(2)(a)(vi), (2)(b) Clarification on selection of sampling device

Reference to AC&D liquid sample removed 260.11, 261 (Appendix I, Index), *110(3)(a) Added “IIIB Update” and “Final Update IV” to

SW 846 reference 260.11(a) through (g), related 110(3)(b) Biological Testing Method guidance update.

Eliminated the need for generators submitting waste for bioassay to do a % solid determination. No direct federal analog . State - only – broader in scope program element110(3)(c) Chemical Testing Method guidance revisions and updates Previously authorized as and currently related to 40 CFR 261 Appendix 1 – Test Methods *110(3)(f) 110(3)(e - h) Clarification - Use test methods in SW - 846

Chapter 2 for identifying toxic constit uents. Updated referenced test methods to latest revision date 260.11 – References to Publications and 261 Appendix II 110(3)(g)(x) Duplicate deleted [see (vii)] 260.11 – References to Publications CL 154 & 158 110(5) Change from proposed rule Clarify requirement to submit petition for

alternate test method 260.11 – References to Publications 110(6) Clarification - Test method results need to be

reported on a dry weight basis Technical clarification, consistent with and no less stringent than the fed eral program 110(7) “Ground -Wa ter Monitoring List” Appendix IX to

40 CFR Part 264 is replaced with the version in Appendix 5 of Chemical Testing Methods for Designating Dangerous Waste, Department of Ecology Publication #97- 407, March 2008,” which is inc orporated by reference into the WAC at 173 - 303 - 110(1). 264 Appendix IX

120(4)(c) Correct second repeated (c)(vii) by renumbering

as (c)(ix) 261.6(c)(2) 13, 79 *140(2)(a) Change from proposed rule Clarify that section 110 test methods must be

used 268 related , conforming change to reflect retention of use of SW - 846 me thods, 140(4)(b)(iv)(B)(I) ASTM Test method update 264.314(e) 145(2)(b) Add local air authorities in eastern W ashington No direct federal analog . State - only – broader in scope program element 200(1)(b)(ii) & (iii) 200(4)(a)(iv)(A)(II) Delete “stress of installation” phrase and insert in 640 and 675 262.34(a)(1)Intro, 262.34(a)(1)(ii), 262.34(a)(1)(iii) 200(1)(b)(iv) Correct the federal references by substituting

state citations for closure and financial assurance. 262.34(a)(1)(iv)The word “shall” was changed to “must”. 200(2)(a) Satellite Accumulation - Removed “per waste

stream” from WAC 200(2)(a). EPA will not be authorizing this change until th e W AC 200 (2)(b) and (2)(c) have also been corrected by the removal of the phrase “per waste stream”. [federal counterpart 262.34(c); although not part of authorization revision determination in 2010] 12

270(3) 49 CFR 171.16 reference - updated transporter

spill reporting address and method 263.30(c)(2) 281(4) Citations corrected from 840 to 830 124.311(a) 282(2)(b)(v) Deleted obsolete language and added new

language for recycling facilities, allowing them a conditional exemption from siting criteria No direct federal analog 282(3)(p) Clarify definition of significant expansion No direct federal analog 282(4)(a) Delete obsolete language related to the original

effective date of the section No direct federal analog *300(5)(f) Change from proposed rule Clarify that section 110 test methods must be

used where specific WAC citations are referenced 264.13(b)(6); 265.13(b)(6); 264.73(b)(3); 265.73(b)(3) , conforming change to reflect retention of use of SW - 846 methods, 310(1) Reworded to be consistent with federal rule 264.14; 265.14 *380(1)(c) Change from proposed rule Clarify that section 110 test methods must be

used where specific 40 CFR citations are referenced 264.73(b)(3); 265.73(b)(3) ; conforming change to reflect retention of u se of SW - 846 methods, *380(1)(f) Change from proposed rule Add “incorporated by reference” for clarity

Clarify that section 110 test methods must be used where specific WAC citations are referenced 264.73(b)(6); 265.73(b)(6) , conforming change to reflect retention of use of SW - 846 methods, 380(2)(c) Add “tons (2000 lbs)” to unit of measure Table 1 264 Appendix I (2) Table 1; 265 Appendix I (2) Table 1 400(2)(c)(xiv) 400(2)(c)(xv) Language added for equivalence with federal rule. 265.1(c)(5) 400(3)(c) Change from proposed rules Added the word “qualified” to the description of

an independent registered professional engineer. This occurs nineteen times in the sub subsection 265 related – mo re stringent state requirement *400(3)(c)(iii) Change from Clarify that section 110 test methods must be

used where specific 40 CFR 265 subparts are 265 related , conforming change to reflect retentionproposed rule referenced of use of SW - 846 me thods, 400(3)(c)(iv) Moved from (3)(c)(x) Reference regardin g Subpart B is changed

because the only part of Subpart B that is incorporated by reference is 265.19 265.19 400(3)(c)(xiii)(A) Change from proposed rule Correction - the word carbonaceous replaces

carcinogen 265.300 Subpart N - Landfills, related 505(1)(b)(iv) Citation corrected 266.20 506(3)(vii) Deleted CFC recycling exception from closure

and financial responsibility requirements 264.110, 265.110 Subpart G related; 264.140, 265.140 Subpart H related 510(1)(b)(i)(B) Correct internal citation 260.30(b)Intro, 260.30(b)(1), 266.100(b)(1) *515(3) Clarify that section 110(3) test methods must be

used 279.10 , conforming change to reflect retention of use of SW - 846 me thods, *515(4) Clarify that section 110(3) test methods must be

used 279.11 , conforming change to reflect retention of use of SW - 846 me thods, *515(8), (9), (10) and (13)(b) Change from proposed rule Clarify that section 110(3) test methods must be

used 279.40 - 47, 279.50 - 59, 279.60 - 67, 279.10 , conforming change to reflect retention of use of SW - 846 methods, 522(4) Correct the reference from 24 hour recycling to

immediate recycling (antifreeze) No direct federal analog 610(3)(a)(ix), (3)(b)(ii)(D), (8)(b)(iv), and (8)(d)(ii)(D) Citation corrected 264.112 related 610(6) & (11) Change from proposed rule Add “qualified” to PE description 264.115; 264.120 – mo re stringent state requirement 24 610(12)(e) Correction - change “resource reclamation units”

to ‘rec yc ling units” 264.143620(1)(e)(ii) 620(4)(d)(iv) Clarification that corporate guarantors are also

subject to a minimum net worth criteria 264.143 620(4)(c) 620(4)(e)(i) 620(4)(f) New financial instrument option - “assigned

security deposit” for used oil processors and recyclers 264.143 620(4)(d)(i) Clarification that used oil processors may use partially funded trust funds 264.143 620(4)(d)(iv) Clarification that corporate guarantors are also

subject to a minimum net worth criteria 264.143 620(5)(c) 620(5)(d) 620(7) Edit- add hyphen to post- closure 264.143
*640(1)(b) Provide title for test method

Clarification that SW - 846 is incorporated by reference 264.190 *645(4)(a) and (b) *645(9)(g)(ii), (iii) and (iv)(A) 645(10)(g) 64610(4) 806(4)(a)(xx)(D)(II) Note that the 40 CFR 264 Appendix IX Ground Water m onitoring list is included as Appendix 5 in the State’s Chemical Testing Methods for Dangerous W aste publication, #97 - 407, March 2008, which is incorporated by reference at WAC 173 - 30 3 - 110(1 ). 264 Appendix IX

645(8)(c) Update reference to Chapter 173 - 160 W AC 264.97(c) 640(4)(c)(i) & 675(4)(a)(v) Relocate “stress of installation” phrase from 200 264.573. 264.193 64660(3)(d)(iv)(F) Correct “SW8 46” to read “SW - 846” 264.552 related (CAMU) 665(13) New subsection

Added a reference to the liquid waste disposal provision in 140(4)(b). 264.314

*690 *691 Change from proposed rule Deleted proposed language requiring use of 110(3)(a) test methods 264.1030, 264.1050 (Air Em issions for Vents, and Equipment Leaks) 806(2)(a) Citation corrected 270.10*806(4)(f)(iii)(A)(III) Clarification that equivalent analytical techniques must be approved by ecology 270.19 806(8) Changed from proposed rule Updated permit application requirements for

consistency with federal rule and clarified that facilities must consult with Ecology about submittal of exposure information 270.10(c) *807(2)(a)(iii) Clarification that equivalent analytical

techniques must be approved by Ecology 270.62 810(11)(c) Duplicate provision deleted 270.30(j)(2) 810(16) Citation corrected 270.30(m) 830(4)(b)(vii) Citation corrected 270.42(b) related 902(2)(c)(i) – (vi) Citizen Proponent Negotiation - language added

to correlate with existing language and new recycling facility exemption from siting criteria in 282(2)(b) No direct federal analog *910(2)(d) Clarify that approved equivalent test methods

will be incorporate d at 110(3) 260.20(a), 260.21(d) 910(3) Clarify that exemption petitions also go to EPA

for federal listed wastes 260.22(d)(1)(i) 9901 9902 Delete obsolete title 260 Appendix I, related


### * These state citations were amended in response to the federal Methods Innovation Rule (MIR) (70 FR 34537). This less stringent rule removed from federal regulations a requirement to use methods found in “Test Methods for Evaluating Solid Waste, Physical /Chemical Methods,” also know as SW - 846. The state did not adopt the MIR, rather it amended state rules affected by the MIR changes to clarify that SW - 846 test methods must be used, or in some cases requiring use of test methods specifically called out in WAC 173 - 303 - 110. The state declined to adopt MIR because it would increase the state workload in providing review of new test methods. Also, retaining use of SW - 846 provides clear, well understood designation methods generators are familiar with.