"

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# I REVISIONATTORNEY GENERAL'S STATEMENT FinalAuthorization for Changes to the Federal RCRAProgramFrom .lune 1989 ThroughJanuary 1993



# • I hereby certify, pursuant to my authority as an Assistant Attorney General and in accordance with Section 3006(b) ofthe Resource Conservation and Recovery Act, as amendedby 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" submittedby the Washington State Department of Ecology. The specific authorities provided are contained in statutes or regulations lawfullyadopted at the time this Statementis signed and which are in 

### effectnow as specifiedbelow. These authorities and this certification supplements the previously certified authorities described in my (or my predecessors) certification(s) ofJune 1984,September 1987, and December 10, 1993. The State Department of Ecology is designated as the agency for implementing RCRA and adopting rules thereunder, at RCW 70.105.130and 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 specifiedbelow. The cited statutes and regulations were all lawfullyadoptedby December 8, 1993, and are currently in 

### effect. Ecology is authorized to incorporate Federal regulations byreference pursuant to RCW 34.05.365. The followingRevision Checklists are included in this authorization application and are incorporated into this Attorney General's Statement: Revision Checklist Numbers 28, 29, 35, 36, 37, 40, 41, 43, 45, 46, 49, 52, 53, 54, 55, 59, 60, 61, 14, 16, 17Q, 19, 23, 33, and 74. For specific citations/analogs for each ofthe checklists discussed below, see the appropriate attached Revision Checklist.

I. IDENTIFICATIONANDLISTING 

### A. State statutes and regulations contain lists ofhazardous waste which encompass all wastes controlledunder the followingFederal regulations as indicated inthe designated Revision Checklists: 

# • (8) 

### Listing ofcommercial chemical products and Appendix VIII constituents, 40 CFR 261.33 and Part 261 Appendix VIII, as amended August 6, 1986 [51FR 28296],Revision Checklist 29; as


### 1. \.



# • amended July 10, 1987 [52 FR 26012], Revision Checklist41; and as amended April 22, 1988 [53 FR 13382], Revision Checklist46. Federal Authority: RCRA §3001(b). Citation ofLaws and Regulations: Date ofEnactment and Adoption Hazardous Waste ManagementAct RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effectiveJanuary 8, 1994. Remarks ofthe Attorney General The State analogs are equivalent to the Federal requirements for attached Revision Checklist 29 and more stringent for Revision Checklist41. The State is more stringentat WAC 173-303-081(1)(c) than the Federal analog at 261.33(c) because the State requires a container that has held certain dangerous waste to be designated as a dangerous waste unless it is empty in accordance with WAC 173-303-160(2). (9) EBDC wastes, 40 CFR 261.32 and Part 261 Appendices III and VII, as amended on October 24, 1986 [51 FR 37725], Revision Checklist 33. Federal Authority: RCRA §3001(b). Citation ofLaws and Regulations: Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effectiveJanuary 8, 1994. Remarks ofthe Attorney General The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 33). Part 261 Appendix III is incorporated by reference at WAC 173-303-110(3)(t) and Part 261 Appendix VII is incorporated by reference at WAC 173-303-082(5). (10) Listing ofspent potliners from aluminum reduction (K088), 40 CFR 261.32 and Part 261 Appendix VII, as amended September 13, 1988 [53 FR 35412], Revision Checklist 53. Federal Authority: RCRA §3001(b)

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ie



# • Citation of Laws and Regulations: Date of Enactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General The State analogs are equivalent to theFederal requirements (See attached Revision Checklist 53). B. 

### State statutes and regulations define hazardous waste so as to control the generation, transportation, treatment, storage and disposal of hazardous waste produced by small quantity generators of between 100 and 1000kilograms/month as indicated in Revision Checklist 23 (which supersedes prior amendments by Revision Checklist 17 A) and Revision Checklist 47 (providing technical corrections to Checklist 23). State statutes and regulations also require small quantity generators to certify good faith efforts to minimize waste generation and to select the best available and affordable treatment, storage or disposal alternatives, 40 CFR Part 262 as amended October 1, 1986 [51 FR 35190], Revision Checklist 32. Federal Authority: RCRA §3001(d); 40 CFR Parts 260-263 and 270 as amended March 24, 1986 (51 FR 10146), October 1, 1986 (5] FR 35190), and July 19, 1988 (53 FR 27162). Citation of Laws and Regulations; Date of Enactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(l)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General Several of the State analogs are more stringent than theFederal requirements (See the attached Revision Checklist 23). Also, many of the State equivalent sections (analogs) are worded differently than theFederal rules. Several of the differently worded analogs as well as the more stringent State analogs are discussed below. The State analogs to 260.10 are WAC 173-303-201(1) and -070(8). The State does not have a general definition of "small quantity generator" in its definitions section as the Federal rules do. However, the State has a special accumulation standard at -201(1) that applies to generators ofless than 1000 kg per month which corresponds with the Federal section of262.34(d). The State definition of small quantity generator appears in -070(8), which corresponds with theFederal 261.5 conditionally
3

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# o

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• exempt small quantity generator. WAC 173-303-070(8), the State analog to 261.1(a)(1), identifies, in the first sentence, the category ofconditionally exempt small quantity generator and establishes the method for determining whether a generator may qualify for this category. This is, in part, the function 261.1(a)(I) serves. WAC 173-303-070(8)(a), State analog to 261.5(a), is equivalentbecause a .generator is only a small quantity generator and eligible for exemption ifhis waste is designated and the quantity of waste does not exceed the quantity exclusion limit (QEL) for such' waste. QEL's are listed in -081(2), -082(2), and -090(4). The QEL's for hazardous wastes from discarded chemical products, dangerous waste sources, and dangerous waste characteristics must not exceed 100 kg. Therefore..a generator of more than 100 kg ofthese wastes would not be a small quantity generator. Aggregated waste quantities of-070(8) are calculated by differentiating between categories ofQELs. However, the aggregated quantity that cannot be exceeded is the 100 kg limit or the 1.0 kg limit for acutely hazardous waste. WAC 173-303-070(8)(a) refers to "aggregated" quantity. By using the transitive verb formation of aggregate it can be inferred that the quantities ofdifferent wastes are combined together (aggregated) and this aggregated amount must not exceed the QEL for their category. Furthermore, WAC 173-303-070(7)(c) states that waste quantities must be aggregated for all wastes with common QELs. The State is more stringentin the second and fourth sentences than the corresponding Federalprovision in that the State does not have the conditional exemption for a small quantity generator who exceeds the QEL. A generator who exceeds the QEL could not regain conditionally exempt status until after all dangerous wastes on-site at the time he became fully regulated were removed. WAC 173-303-070(8) is equivalent to 261.5(b). The only textual difference is that where theFederal rule states at 26L5(t)(3)(iv) "permitted, licensed, or registered by a State to manage municipal or industrial solid waste!', the State has specified, at -070(8)(b)(ii)(C), facilities permitted under Chapter 173-304 WAC Minimum Functional Standards for Solid Waste Handlingto manage moderate-risk waste. WAC 173-303-070(7)(c)does not include the actual statement contained in 261.5(c) regarding which wastes are not included within the quantity determination. However, excluded or exempted waste (wastes not subject to regulation under State Dangerous Waste Rules) would notbe designated as a dangerous waste and would therefore not be countedby a small quantity generator (See -070(1)(b), -070(7) (a), and -071(3». The State

### IS equivalentbecause wastes that are excluded or exempted from designation under state regulations also are excluded and exempted by the Federal Regulations.

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•

• The State analogs to 261.5(d) are WAC 173-303-070(b) and -070(7)(c)(ii). The State has a direct analog to 261.5(d)(3) at WAC 173-303-070(7)(c)(iii). The State is more stringent than 261.5(d)(2) at WAC 173-303-070(7)(b)in that the State requires that when aggregating waste quantities, dangerous wastes produced by on-site treatment must be counted whereas the Federal rules do notrequire wastes produced by on-site treatment to be counted as long as the hazardous waste that is treated was already counted once. Part 261.5(d)(1) does not have an identically worded analog. However, WAC 173-303-070(7)(b) requires that dangerous waste being accumulated or stored must be counted. Therefore, it can be deduced that since it was already counted, the waste does not need to be counted again when it is removed from storage. WAC 173-303-070(7) is not identical to 261.5(e). However, it is equivalentbecause the QELs are specified in each ofthe sections describing listed and characteristic wastes. WAC 173-303-070(8)(a)&(b) are equivalent to 261.5(f)&(g). There are two differences in the State rules, but they do not affect equivalency. The State specifically cites, at WAC 173-303-070(8)(b)(ii)(C), a moderate risk waste facility permitted under Chapter 173-304 WAC, Minimum Functional Standards for Solid Waste Handling. This is a more specific provision, but still equivalent to 261.5(f)(3)(iv). The State also added WAC 173-303-070(8)(b)(ii)(F)which, although not necessary as part of the domestic sewage exclusion, was added as clarification for generators fitting this category. WAC 173-303-070(8)(a) is more stringent than theFederal analog, 261.5(h), because the State does not allow a mixture of hazardous and non-hazardous waste (regardless of whether or not it is less than the QEL prior to mixing) to remain subject to the reduced requirements of the small quantity generator section. Under the State regulations, hazardous wastes mixed with solid waste are subject to the QEL's; See designationprocedures at WAC 173-303-081(2), -082(2) and -090(4). A person who would like to qualify as a small quantity generator would have to go through the designation procedures and would be subject to the QEL's. Ifhe had a mixed hazardous/solid waste, he could be a small quantity generator only ifthe waste was under the QEL. WAC 173-303-070(8)(c) is more stringent than theFederal analog at 261.50) because the State requires the mixture to be burned under -510, Special requirements for dangerous waste burned for energy recovery, whereas the Federal requirement is that it be burned under Part 266 Subpart E, Used oil burned for energy recovery. The State Regulations do not have a direct analog to Part 261. 33(f). However, requirements at WAC 173-303-081(2), Discarded chemical products Quantity Exclusion Limits operate effectively the same as 261.33(f). The State list at WAC·
5I . 

# • 173-303-9903 is a combination of "V" and "P" chemicals. This list corresponds to the separate Federal lists at 261.33(e)&(f). The State is more stringentbecause the combined list defines many ofthe "V" wastes, which are Toxic in the Federal regulations, as "acutely dangerous" in the State regulations. At WAC 173-303-081(2)(a)(i) the wastes on the "acutely dangerous" State list are defined as "extremely hazardous wastes" and are subject to a 1.0 kg/mth quantity exclusion limit. The Federal regulations at Part 261.33(f) consider all the "V" wastes to be Toxic and subject to the "no more than 100 kg/mth" limit as set forth in 261.5(a). For purposes ofclarification, the sentence at WAC 173-303-081(2)(a)(ii) should read "For chemicals, and for residues from the cleanup of spills involving chemicals, designated on the moderately dangerous chemical products list. .. ". Although there are no commas in the rule itself, it is hereby clarified that this subsection applies to both chemicals and to residues and should not be read as though it applies only to residues from the cleanup ofspills. The State is more stringent than 262.20(e) in that the State creates no exception to manifestingrequirements for waste that is reclaimed under a contractual agreement for generators ofgreater than 100 kg but less than 1000 kg. The State is more stringent at WAC 173-303-201(2) than the Federal analog at 262.34(d) since the State limits accumulation to 1000 kg/mth as compared to the Federal limit of 6000 kilograms.

• WAC 173-303-201(2)(a) is more stringent than theFederal analogs at 262.34(e) & (f) in that the State's accumulation time frame is a maximum of 180 days with a provision for the Department to grant a maximum 90 day extension when the waste must be transported 200 miles or more and if the waste must remain on-site due to uncontrollable, unforeseen, and temporary circumstances. In contrast, theFederal accumulation limit is 180 days under normal circumstances, but 270 days ifthe waste must be transported more than 200 miles. A thirty-day extension to the 270-day accumulation period may be granted due to unforeseen, temporary, and uncontrollable circumstances. The State's time limits are more restrictive and therefore more stringent. Additionally, the State is more stringent because in order to obtain the extension, thegenerator musttransport the waste, or offer to transport the waste, over . 200 miles from the site and the generator's waste must remain on-site due to

uncontrollable, unforeseen, and temporary circumstances, making it a two-part test.



# • The State does not have an analog to 270.1O(e)(l)(iii). The Federal regulation sets out a compliance date of March 24, 1987 for generators of between 100 and 1000 kg/mth to submit theirpart A application. The State rule does not include any compliance dates. This does not affect equivalency since the Small Quantity Generator regulations are a HSWAprovision and were immediately enforceableby theFederal government upon their promulgation. The date ofMarch 24, 1987 remains the enforceable date.
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•

• F. State statutes and regulations incorporate the most recent edition and updates to "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846) as indicated in Revision Checklists 11 and 35. Federal Authority: RCRA §§2002, 3001; 40 CFR 260.11, 260.21 and 270.6(a) as amended December 4, 1984 (49 FR 47390) and March 16, 1987 (52 FR 8072). Citation of Laws and Regulations: Date ofEnactment and Adoption Hazardous Waste ManagementAct RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 35).

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### H. State statutes and regulations exempt (with certain limitations) waste samples used in small scale treatability studies from Subtitle C regulation as indicated in Revision Checklist 49. Federal Authority: RCRA §300l; 40 CFR 260.10 and 261.4(e)&(t) as amended July 19, 1988 (53 FR 27290). Citation of Laws and Regulations: Date ofEnactment and Adoption Hazardous Waste ManagementAct RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General The State analogs are equivalent to theFederal requirements (See attached Revision Checklist 49) with the exception of one provision at WAC 173-303-071(3)(r)(iii) which is broader in scope, and two provisions which are more stringent: .WAC 173-303-07l(3)(s)(iv) and WAC 173-303-071(3)(r)(ii)(F). Although equivalent with theFederal requirement, the State has specifically exempted a generator from including, in his quantity determination, waste that is in transit from the lab back to the on-site generator at WAC 173-303-071(3)(r)(i). The Federal section does not express this exception in 261.4(e)(1). This does not make the State less stringent than the Federal requirement. Under the State regulations, a generator is required to keep track of whether the unused samples and residues were returned to
7

# •

• the generator at WAC 173-303-071(3)(r)(ii)(E), and to report this information at WAC 173-303-071(3)(r)(ii)(F). Likewise the treatment facility keeps track ofwhen the samples were returned to the generator at WAC 173-303-071(s)(vii)(G), -071(s)(viii), and -071(3)(s)(x). These regulations should

### preventagenerator from losing track ofa sample. Additionally, this issue has been addressed in a RCRA Hotline question and answer in November 1989 regarding the Treatability Studies Sample Exemption. The RCRAHotlineresponse is as follows: "Yes, 40 CFR 261.4(f)(1O) states, as one of the conditions of the test facility exemption, that: 'the facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under Section 261.3 and, ifso, are subject to Parts 261 through 268, and Part 270 of this Chapter, unless the residues and unused samples are returned to the sample originator under the Section 261.4(e) exemption.' 40 CFR 261.4(e) is analogous to the sample 'exclusion 261.4(d) in that its intent is to exclude samples from all RCRA regulations as long as all provisions ofthe exclusion are complied with. This is restated in thepreamble to the July 19, 1988 Federal Register (53 FR 27292, 27295), which state that, upon completion ofthe treatability study, the owner/operator of thelaboratory can return the unused samples and residue to the generator or sample collector while remaining excluded from Subtitle C hazardous waste regulations. " The State is broader in scope at WAC 173-303-071(3)(r)(iii), analog to 261.4(e)(3), because the State includes the phrase "or for up to an additional 10,000kg of wastes regulated only by this chapter and not regulated by 40 CFR Part 261

....", in reference to "state-only" wastes. The State is more stringent than theFederal requirements for two analogs. The first, WAC 173-303-071(3)(r)(ii)(F) , is more stringent than theFederal analog at 261.4(e)(2)(vi) because the State requires an annual; rather than biennial, report. WAC 173-303-071(s)(xii) and (xiii) are more stringent than the Federal analog at 261.4(f) because the State has requirements which include marking dates ofreceipt or of treatability on the containers in the facility, and labeling of the containers and tanks on-site. These additions result in a more stringent State rule than the analogous Federal requirements. 

### I. State statutes and regulations exclude from the mining waste exemption the six wastes listed at 40 CFR 261.4(b)(7)(i) through 261.4(b)(7)(vi), as indicated in. Revision Checklist 53. Federal Authority: RCRA §3001(b); 40 CFR 261.4(b)(7) as amended September 13, 1988 (53 FR 35412). Citation of Laws and Regulations: Date ofEnactment and Adoption Hazardous WasteManagement Act RCW 70.105.130; RCW 70.105D.030(1)(d)

. 8

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• Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General The State analogs are more stringent than the Federal requirements (See attached Revision Checklist 53) because the State did not adopt the Federal exclusion. 

### L. State statutes and regulations revise the existing toxicity characteristic by replacing the Extraction Procedure (EP) leach test with the Toxicity Characteristic Leaching Procedure (TCLP) for identifying wastes that are defined as hazardous and subject toregulation under Subtitle C of RCRA as indicated in Revision Checklists 74, 108 and 117B. State statutes and regulations alsoprovide for the addition of 25 organic chemicals and their regulatory levels to the list of toxic constituents of concern as indicated in Revision Checklist74. Federal Authority: RCRA §§1006, 2002(a) , 3001, 3002, 3004, 3005 and 3006; 40 CFR Parts 261,264,265 and 268 as amended March 29, 1990 (55 FR 11798), June 29, 1990 (55 FR 26986), June 1, 1992 (57 FR 23062), and July 10, 1992 (57 FR 30657). Citation of Laws and Regulations: Date ofEnactment and Adoption Hazardous Waste**~anagement** Act RCW 70.105.130; RCW 70.105D.030(1)(d)

. Dangerous Waste Regulations Chapter 173-303WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General The State analogs are equivalent to theFederal requirements (See attached Revision Checklist 74) with the exception of two Federal citations. The first is a list of codes that are used to represent the basis for listing wastes at 261.30(b) to which the State has no analog. This does not affect equivalency since the State reaches the same goal, that of having the administrator give his/herbasis for listing the waste by setting out a column called "Reason for designation" in the Washington lists. The second is 264.301(e)(l). The State is more stringent because it does not allowa waiver of the double liner requirement for monofills that contain only hazardous wastes from foundry furnace emission controls or nietal casting molding sand. The State has an analog to Part 268 Appendix I, but will apply for authorization of the Land Disposal Restrictions (LDRs) with the-next authorization application.



## n. DEFINITION OF SOLID WASTE A. State statutes and regulations define hazardous waste and impose
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• management standards so as to control all the hazardous waste controlled under 40 CFR Parts 261, 264, 265 and 266 as indicated in Revision Checklists 13 and 37. Federal Authority: RCRA §§3001 and 3004; 40 CFR Parts 260, 261, 264, 265; and 266 as amended January 4, 1985 (50 FR 614), April 11, 1985 (50 FR 14216), August 20, 1985 (50 FR 33541) and June 5, 1987 (52 FR 21306). Citation of Laws and Regulations: Date ofEnactment and Adoption Hazardous Waste ManagementAct RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General The State is more stringent than theFederal requirement (See attached Revision Checklist 37) at 261.33 because the State 1) also regulates "residues" as dangerous wastes at WAC 173-303-081(1); 2) prohibits the application of waste or used oil to the land for dust suppression or road treatment (See attached FOCUS on "Used Oil Dumping Banned"); and 3) at WAC 173-303-081(l)(c) the State considers both containers and inner liners to be dangerous wastes. The remainder of the State analogs are equivalent to the Federal requirements

.


### III. MANAGEMENT OF DIOXIN WASTES A. State statutes and regulations contain the following requirements regarding dioxin wastes as indicated in Revision Checklist 14: Federal Authority: RCRA §§3001 and 3004; 40 CFR Parts 261, 264, 265 and 270 as amended January 14, 1985 (50FR·1978). Citation of Laws and Regulations: Date of Enactment and Adoption Hazardous**Was~e** Management Act RCW 70.105.130;RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General As noted on the attached Revision Checklist 14, the State citations are equivalent to theFederal authorities for management of dioxin wastes with the exception of 40 CFR 261.7(b)(l) to which the State analog is more stringent. At WAC 173-303-160(2)(a) the State regulations define "empty" more stringently than the Federal rules in that the
10

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• State mandates that the weight ofthe residue be less than or equal to one percent of the container's total weight as compared to 3% as required in the Federal regulations. The following remarks are meantto clarify specified State citations. WAC 173-3q3-160(2)(b): Federal regulations provide for three methods ofcleaning a

.containerthat held acutely hazardous wastes: (1) triple rinsing with an appropriate solvent, (2) cleaning by another method to achieve equivalentresults, or (3) removing the inner liner. State regulations differonly in that (1) the rule specifies that a minimum volume (10% or more) ofrinsate must be used, and (2) the allowable alternative methodhas been specified: for containers that mightbe damaged or made unusable by rinsing with liquids, an empty containermay be vacuumcleaned, struck, with the open end ofthe containerup, three times to remove or loosen particles from the inner walls and comers, and vacuum cleaned again. The differences in the State rules are more specific rather than more stringent, as they do not bring additional wastes or generators underregulation.

. WAC 173-303-110(3)(c): State regulations adopt, by reference, 40 CFR261 Appendix III, Table 1, Analysis Methods for Organic Chemical Contained in SW-846 and Table 3, Sampling and Analysis Methods Contained in SW-846, and all amendments thereto. WAC 173-303-082(5): State regulations adopt, by reference, 40 CFRPart261 Appendix VII. WAC 173-303-110(3)(d): 40 CFR261 Appendix X is adopted, by reference, for the purpose ofanalysis for Chlorinated Dibenzo-P - Dioxins and Dibenzofurans. WAC 173-303-400(3)(a): This citationdoes not directly adopt 40 CFR265. 1(d)(l) by reference; however, -400(3)(a) adopts the standards ofPart265 Subparts F-Rof the EPA provisions including any cross references to otherEPA requirements. This includes the reference to 265.1 regarding special requirements for F020, F021, F022, F023, F026, and F027. Therefore, the State through its .incorporationofsubparts F-Rhas also incorporated theprovisionof265.1(d)(1).



### VI. PAINT FILTER TEST A. State statutes and regulations require the use ofapaintfilter test to determine the absence or presence offree liquids ineither a containerized or bulk waste as indicated inRevision Checklists 16, 17 F and 25. Federal Authority: RCRA §§3004 and 3005; 40 CFRParts 260, 264, 265, and 270 as amended April 30, 1985 (50 FR 18370), July 15, 1985 (50 FR28702) and May 28, 1986 (51 FR 19176).
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# • Citation of Laws and Regulations: Date of Enactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d)., Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General The State analogs are equivalent to the Federal requirements for the paint filter test. (See attached Revision Checklists 16 and 25.) The State analog to 264.73(b)(3) is at WAC 173-303-380(l)(c). It

### is not identical in wording to the Federal requirement, which requires the owner/operator to maintain an operating"record that inciudes "records and results of waste analyses" required under several provisions; instead, -380(1)(c) requires the owner or operator of a facility to maintain, as part of the operating record, the records and results of waste analyses" required by WAC 173-303-300, General Waste Analysis. WAC 173-303-300 then citesthe analysis requirements for interim status and final status facilities for landfills, incinerators, process vents, equipment leaks, and surface impoundments. During its next round of rule amendments later this year, the State will propose adding in 173- 303-300(5)(f) analogs to 264.314,264.1034,264.1063, 268.4(a), and 268.7. 

# • VII . 

### NATIONAL UNIFORMMANIFEST SYSTEMAND RECORDKEEPING

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# • C. State statutes and regulations require that the following be recorded, as it becomes available, and maintained in the operating record, until facility closure, as indicated in Revision Checklist 45: monitoring, testing or analytical data, corrective action where required by Subpart F and §§264.226, 264.253, 264.254, 264.276, 264.278, 264.280, 264.303, 264.309, 264.347, and 264.602. Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.73(b) as amended December 10, 1987 (52 FR 46946). Citation of Laws and Regulations: Date of Enactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adoptedDecember 8, 1993, effective January 8, 1994. Remarks of the Attorney General TheStateisequivalentto the Federalrequirements (SeeattachedRevision Checklist45).

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• XI. GROUND-WATERMONITORING 

## c. State statutes and regulations provide that with regard to ground-water monitoring, all land based hazardous waste treatment, storage, and disposal facilities analyze for a specified core list (Part 264, Appendix IX) ofchemicals plus those chemicals specified by the Regional Administrator on a site-specific basis as indicated in Revision Checklist40. Federal Authority: RCRA §§1006, 2002(a), 3001, 3004, and 3005; 40 CFR 264.98, 264.99, Part 264 Appendix IX, and 270.14 as amended July 9, 1987 (52 FR 25942). Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(l)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adoptedDecember 8, 1993, effectiveJanuary 8, 1994. Remarks ofthe Attorney General The State analogs (See attached Revision Checklist 40) are equivalent to the Federal requirements. The State incorporates Appendix IX, the ground-water monitoring list, by reference. The State in effect adopts Appendix IX because the language of -645(4)(a) identifies dangerous constituents as being"

...the constituents listedin 40 CFR Part 264 Appendix IX [ ] and any other constituents not listed there which have caused waste to be regulated under this chapter. Aperson trying to identify dangerous constituents is compelled to turn to Appendix IX. D. State statutes' and regulations specify statistical methods, sampling procedures, and performance standards that can be used in groundwater monitoring procedures to detect groundwater contamination at permitted hazardous waste facilities as indicated in Revision Checklist 55. Federal Authority: RCRA §§1006, 2002(a), 3004 and 3005; 40 CFR 264.91, 264.92, 264.97, 264.98 and 264.99 as amended October 11, 1988 (53 FR 39720). Citation of Laws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(l)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effectiveJanuary 8, 1994. Remarks of the Attorney General The State analogs are equivalent to the Federal requirements except for one analog,
13: . I.

# • WAC 173-303-645(10)U), which is more stringent than 264.99U) (See attached Revision Checklist 55). The State is more stringent at WAC 173-303-645(10)U) because the State allows only 45 days to make the modification while the Federal code allows 90 days.

XIII. CORRECTIVE ACTION

F. 

### State statutes and regulations require thatmiscellaneous units comply with regulations (Subpart F) regarding releases from solidwaste management units when necessary to comply with §§264.601 through 264.603 as indicated in Revision Checklist 45. Federal Authority: RCRA §3004(u); 40 CFR 264.90(d) as amended December 10, 1987 (52FR 46946). Citation of Laws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993,

• effective January 8, 1994.

• 14

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• Remarks of the Attorney General The State analogs are equivalent to the Federal requirements except for two State requirements which are more. stringent.

. The State analog to 264.601 is more stringent because WAC 173-303-680(2) includes a cross cite to -645, Releases from regulated units, which is not included in the Federal requirement. The State analog to 264.602 is also more stringent because WAC 173-303-680(3) includes areference to -645, Releases from regulated units, which is not included in the Federal requirement. Forpurposes ofclarity it should be noted that the State has used the terms "final facility" and "final status facility" which are not defined. Since the State has adopted interim status standards by reference, it has used the term "final" to differentiate between interim status facilities and those facilities that are notinterim; that is, the latter are considered "final status facilities".

XV. STANDARDS FOR FACILITIES 

### F. State statutes and regulations require compliance with closure/post-closure and financial responsibility requirements applicable to owners and operators of hazardous waste treatment, storage and disposal facilities, as indicated in Revision Checklists 24, 36, and 45. Federal Authority: RCRA §§3004 and 3005; 40 CFR Parts 260, 264, 265, and 270

. as amended May 2, 1986 (51 FR 16422), March 19, 1987 (52 FR 8704) and December 

### 10, 1987 (52FR 46946). Citation of Laws and Regulations: Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(l)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General The attached Revision Checklists 36 and 45 are incorporated into this Attorney General's statement. The State analogs are equivalent to the Federal requirements. The State incorporates the Federal interim status standards for surface impoundments by reference at WAC 173-303-400(3)(a) .

15

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# e

e· G. State statutes and regulations allow qualified companies that treat, store or dispose ofhazardous waste to use a corporate guarantee to satisfy liability assurance requirements as indicated in Revision Checklists 27 and 43. Federal Authority: RCRA §§2002, 3004, and 3005; 40 CFR 264.147, 264.151, and 265.147 as amended July 11, 1986 (51 FR 25350) and November 18, 1987 (52 FR 44314). Citation of Laws and Regulations: Date ofEnactment and Adoption Hazardous Waste ManagementAct RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General The State analogs are equivalent to the Federal requirements. Detailed explanations follow. The State, at WAC 173-303-620(8)(a)&(b) adopts Federal 264.l47(a)&(b) including the Federal cross-cites to other paragraphs within the section, including -147(a)(2) and -147(b)(2). Paragraphs (a)(2) & (b)(2) direct the reader to paragraph (f) and (g) of the section. Thus, 264. 147(f) & (g) in their entirety are incorporated by the adoption of 264. 147(a) & (b). The State requires the wording ofthe financial instruments to be that of 261. 151(h)(2). WAC 173-303-620(10) requires that the wording ofthe corporate guarantee be that of 261. 151(h)(2). Additionally, WAC 173-303-620(4)(b) adopts the requirement of264.143, and 264.143 requires the wording of264.151; WAC 173-303-620(4)(b) adopts the requirements of264.145, and 264.145 requires the wording of264.151. WAC 173-303-620(lO)(c) refers to the requirement of "this section". WAC 173-303-620(10) requires that the wording of 264.51 be utilized for instruments required by "this section". Reference to the financial instruments covered by "this section" are found in 620(4), 620(6), and 620(8). State provision 620(4) requires that the instruments meet all the requirements of 264.143; 620(6) requires that the instruments meet all requirements of 264.145; and 620(8) requires that the owner or operator must meet the requirements of264. 147(a)or (b). The State reaches the same result as EPA. The reference at WAC 173-303-620(1O)(c) to "this section" refers to the wording of the financial instruments as required by EPA through the State's adoption ofthe Federal requirements. H. State statutes and regulations require companies that generate, treat or store hazardous waste in tanks to comply with tank standards equivalent to those indicated in Revision Checklists 28 and 52.
16

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• Federal Authority: RCRA §§1006, 2002, 3001 - 3007,3010,30'14,3017

- 3019 and 7004; 40 CFRParts 260, 261, 262, 264, 265, and 270 as amended July 14, 1986 (51 FR 25422), August 15, 1986 (51 FR 29430) and September 2, 1988 (53 FR 34079). Citation ofLaws and Regulations: Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effectiveJanuary 8, 1994. Remarks ofthe Attorney General Revision Checklist 28 As noted on the attached Revision Checklist 28, some ofthe State analogs are more stringent. These and some ofthe differently worded analogs are discussed below. 40 CFR Part 261.4(a)(8) and State analog WAC 173-303-071(3)(q)are equivalent. The State added one additional requirement that does not result in a more stringent requirement; -071(3)(q)(v) is considered more specific. The State requires that the generator ensure that any residues produced from the collection, reclamation and reuse ofsecondary materials are delivered to a dangerous waste treatment, storage or disposal facility or legitimaterecycler. This does not broaden the exclusion, rather it is more comprehensive and requires that an additional requirement must be met in order to qualify for the exclusion. The State analog to 262.34(d)(2), WAC 173-303-201, is more stringent than the Federal requirement because the State does not include an "exemption" from the requirement at WAC 173-303-630(8) (Special requirements for reactive or ignitable waste) and because the State limits accumulations to 2200 pounds. WAC 173-303-380(1)(f) is equivalent to 264.73(b)(6); however, the wording varies from the Federal requirements because the State addresses both final status and interim status facilities in -380(1)(f). Nonetheless, only the appropriate citations apply, either those for interim or final status. WAC 173-303-640(2)(e) does not have a Federal analog. The Stateprovision is for scheduling integrity assessments. WAC 173-303-640(3)(a) is equivalent to the Federal requirement at 264. 192(a); however, the wording is somewhat different. Both the state and federal rules require owners/operators ofnew tank systems or components to obtain a written assessment ofthe systems' structural integrity and suitability for storing/treating waste. The state rule, however, requires this both ofinterim status and final status facilities, while the federal rules require it only for owners/operators seeking a final status permit.
17

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•

• WAC 173-303-640(3)(a) is equivalent to the Federal requirement that a certification be signed. The State regulations require an owner who is not operating the facility to certify that he or she knows about the contents of thepermit and he or she accepts responsibility for the requirements that only he or she can satisfy. Although the State wording is differentthan the Federal requirement, it is equivalent. Due to changes under RCW 70.105.215, Ecology included additionalpermit certification language for situations where the owner and operator of a TSD facility are separate entities (See WAC 173-303-810(13)). Ecology and EPA have agreed to require that TSD permit applicants sign both the Federal and the State certification when applying for a TSD permit. The State analog to 264. 192(b), WAC 173-303-640(3)(b), is more stringent than the Federal requirementbecause the State rule includes aprovision that a schedule of integrity assessments must be developed. The other analog, WAC 173-303-640(3)(c), is equivalent. WAC 173-303-640(4)(c), the analog toPart 264.194(c), is equivalent to the Federal requirement even though the State rule does notinclude the "note" present in the Federal rule. The note does not affect equivalency-because it does not concern the requirements ofsecondary containment systems. The note pertains to the regulations that govern the collected material. Itis not an additional requirement. WAC 173-303-640(5)(d) & (e), analogs to 264.194(c), in addition to WAC 173-303-640(5)(c) are more stringentbecause they require the operator to adequately label waste containing tanks, and require tank systems containing EHW be designed to prevent emissions. There is no comparable requirementin the Federal regulation. WAC 173-303-640(7)(d)is more stringent than theFederal analog, 264.196(d), because the State at (d)(i) requires reporting of any release greater than or equal to one pound, or the reportable quantity, whicheveris less, while the federal regulation requires reporting only of releases that equal or exceed one pound. WAC 173-303-640(9)(b) is more stringent than the Federal analog at 264. 198(b) because the State requires that tanks be located in a manner equivalenteitherto the National Fire Protection Association's buffer zone requirements (the Federal requirement) or as required by State and local fire codes, whichever is more stringent. The State is also more stringent in that the State rules require yearly inspections. WAC 173-303-320(2)(c) is equivalent to 265. 15(b)(4) although the wording is not identical. The State does notinclude thephrase "if the deterioration, or malfunctions, or any operator error goes undetected between inspections. II By omitting this phrase,

. the State allowed the consideration of factors in addition to undetected deterioration, malfunction, or operator error when determining the probability of an environmental or human health incident.
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• The State analog to 265.73(b)(3), WAC 173-303-380(1)(c), is equivalent although it is not worded identically. The State does not specifically refer to trial tests; however, the State is equivalentbecause -380 requires results ofanalyses required by -300. WAC 173-303-300(5)(f)requires the facility owner/operator to use, where applicable, the methods for meeting the additional waste analysis requirements for specific waste management methods as specified in 40 CFR for interim and in chapter 173-303 WAC for final status facilities. Thus, any requirements for trial tests in these other regulations are incorporated by reference into -300 and -380. The State analog to Parts 265. 110(b)(2)through 265.200(b) is WAC 173-303-400(3) at which the State has adopted (by reference) the Federal interim status standards of 40 CFR 265 subparts F to R, including the Federal internal references. WAC 173-303-202(1) is more stringent than the Federal analog, 265.201(a), in that the State allows generators in this category to accumulate only up to 2200 pounds as

- . compared to the Federal allowance of6000 kilograms. The State is more stringent at WAC 173-303-202(2) than the Federal analog, 265.201(b), because the State analog requires 1) documentation in the operating record of theprecautions taken for ignitable, reactive or incompatible wastes, and 2) yearly inspections, neither ofwhich is required bythe federal rule. The State analog to 265.201(e), WAC 173-303-202(5) is more stringentbecause the State has two additional requirements beyond the Federal rule: again, 1) a requirementfor documentation in the operating record oftheprecautions taken for ignitable, reactive or incompatible wastes, and 2) yearly inspections. The State analog to 270. 14(b)(5), WAC 173-303-806(4)(a)(v), is more stringent than theFederal requirement because the State cites to two additional requirements, -670(7) (Monitoring and inspections) and -680(3) (Monitoring, analysis, inspection, response, reporting, and corrective action). The State is more stringent thanthe Federal requirement at 270.16 because the State has two additional requirements: WAC 173-303-806(4)(c)(xi), a description ofthe marking and/or labeling oftanks, and -806(4)(c)(xii), tank design to prevent escape of vapors and emissions ofacutely or chronically toxic EHW. Revision Checklist 52 The State analogs are equivalent to the Federal requirements with the exception of two State analogs which are more stringent: WAC 173-303-610(5), analog to 264.114, and WAC 173-303-040 Wastewater treatment unit (See attached Revision Checklist 52). The State definition of wastewater treatment unit is broader in scope than the Federal analog because it includes a category ofdevices not covered by the

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• Federal definition: devices that treat state-only dangerous waste that are not regulated by 40 CFR 261, and so are not governed by the Federal Clean Water Act. At WAC 173-303-610(5), the State is more stringent than the Federal requirement because the State adds an internal reference to the post-closure standards for miscellaneous units in this section. The Federal rule does notinclude miscellaneous units. I. 

### State statutes and regulations require environmental performance standards; monitoring, testing, analytical data, inspection, response and reporting procedures; and post-closure care for miscellaneous units as indicated in Revision Checklist 45. Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.600, 264.601, 264.602, and 264.603 as amended December 10, 1987 (52 FR 46946). Citation of Laws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks ofthe Attorney Gen'eral The State is equivalent to the Federal requirements for most ofthe analogs (See attached Revision Checklist 45). However, the State is more stringent in the following area: WAC 173-303-282(6)(c)(i)(A)(I), analog to 264.18(b)(1)(ii), does not allow a facility to be located on the 100yearfloodplain whereas the Federal rules allow it at 264.18(b)(1). The analogous State cross-cite is WAC 173'-303-670(7) and is more stringentbecause it adds "dailycompletely 

### inspected..." whereas the Federal rule requires only daily visual inspection.

XVI. REQUIREMENTS FOR PERMITS 

### G. State statutes and regulations allow the issuance of a one-yearresearch, development, and demonstration permit (renewable each year, butnot for a period longer than three years) for any hazardous waste treatment facility which proposes an innovative and experimental hazardous waste treatment technology or process not yet regulated as indicated in Revision Checklist 17 Q. If

### adopted, however, the State must require the facility to meet RCRA's financial responsibility and public participation requirements and retain authority to terminate experimental activity ifnecessary to protect health or the environment

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• Federal Authority: RCRA §3005(g); 40 CFR 270.65 as amended July 15, 1985 (50 FR 28702). Citation of Laws and Regulations: Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effectiveJanuary 8, 1994. Remarks ofthe Attorney General The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 17Q). 

## o. State statutes and regulations require that all owners and operators of units that treat, store, or dispose of hazardous waste in miscellaneous units must comply with the general application requirements (including Part A permit requirements), the Part B general application requirements of §270.l4, and specific PartB information requirements for miscellaneous units as indicated in Revision

. Checklists 45 and 59.

Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.600, 270.14 and 270.23 as amended December 10, 1987 (52 FR 46946) and January 9, 1989 (54 FR 615) . Citation of Laws and Regulations; Date ofEnactment and Adoption
l Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effectiveJanuary 8, 1994. Remarks of the Attorney General The State analogs are equivalent to the Federal requirements (See attached 

### Revision Checklists 45 and 59) with the exception ofthe State analog to 270. 14(b)(5). The State analog, WAC 173-303-806(4)(a)(v), is more stringentbecause it includes an additional citation that requires yearly inspections where ignitable or reactive wastes are stored - WAC 173-303-395(1)(d). The State has not yet adopted the Air Emission Standards, but intends to adopt them with the next round of rule amendments. 

### P. State statutes and regulations provide owners and operators more flexibility to change specified permit conditions, to expand public notification and participation opportunities, and allow for expedited approval ifno public concern exists for aproposed permit modification. Owner/operatorpermit modifications are categorized into three classes ,:"ith administrative procedures for approving
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• modifications established in each class. These changes are as indicated in Revision Checklist 54. Federal Authority: RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR Parts 124, 264, 265, and 270 as amended September 28, 1988 (53 FR 37912) and October 24, 1988 (53 FR 41649). Citation of Laws and Regulations: Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General The State analogs are equivalent to the Federal requirements (See Revision Checklist 54) except for the State analog to 270.42 Appendix I, WAC 173-303-830 Appendix 1. The State is more stringent at WAC 173-303-830 Appendix 1, K. Land Treatment because the following three are Class 2 modifications under the State regulations whereas. they are Class 1 modifications under the Federalrules: 1) 

### 6.b. Decrease rate ofwaste application; 2) 15. Changes in any condition for a land treatment unit; and 3) 16. Changes to allow a second land treatment demonstration

. Q. State statutes and regulations make it clear that existing incinerator facilities either conduct a trial burn or submit other information as specified in 270. 19(a) or (c) before apermit can be issued for that facility as'indicated in Revision Checklist 60. Federal Authority: RCRA §3005(b); 40 CFR Part 270 as amended January 30, 1989 [54 FR 4286). Citation ofLaws and Regulations: Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks ofthe Attorney**Gen~ral** The State analog is more stringent at WAC 173-303-807(10) than the Federal requirement (See attached Revision Checklist 60) because the State requires the applicant toperform a trial burn whereas under the Federal rule at 270.62(d), the applicant mayeitherperform a trial burn or submit other information which could exempt it fromperforming a trial burn .
22i.

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• R. State statutes and regulations allow greater flexibility to interim status facilities to make changes during interim status following director approval as indicated in Revision Checklist 61. Federal Authority: RCRA §§2002(a) , 3004, 3005 and 3006; 40 CFR 270.72 as amended March 7, 1989 (54 FR 9596).

.Citation of Laws and Regulations: Date ofEnactment and Adoption

Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General The State analogs are equivalent to the Federal requirements (See Revision Checklist 61) except for two analogs which are more stringent, WAC 173-303-805(7)(a)(i) & (ii), analogs to the Federal requirements at 270.72(a)(l) & (2). The State is more stringent at WAC 173-303-805(7)(a)(i) & (ii) because the State has additional requirements for 1) ajustification that details the equipment and process(es) the owner or operator 

### will use, and 2) complying with WAC 173-303-281. Also, the State has not adopted analogs to 270.73(e), (f), & (g) regarding termination of interim status. However, the State intends to adopt them with the next round of rule amendments. 

## s. State statutes and regulations lift the reconstruction limit for changes: 1) to certain interim status units necessary to comply with Federal, State, or local requirements, 2) necessary to allow continued handling of newly listed or identified hazardous waste, 3) made in accordance with an approved closure plan, or 4) made pursuant to a corrective action order' as indicated in Revision Checklist 61. Federal Authority: RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR 270.72 as amended March 7, 1989 (54 FR 9596). Citation of Laws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(l)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General The State analogs are equivalent to the Federal requirements (See attached Revision
23I. '

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• Checklist 61). T. State statutes and regulations that clarify that a permit can be denied for the active life ofa facility while a decision on post closure permitting is pending as indicated in Revision Checklist 61. Federal Authority: RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR 124.1, 124.15, 124.19,270.1,270.10 and 270.29 as amended March 7, 1989 (54 FR 9596). Citation ofLaws and Regulations: Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d). Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effectiveJanuary 8, 1994. Remarks ofthe Attorney General The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 61). The State does not have a direct analog to 270.29 for a general permit denial. However, absence ofa direct analog that expresses the State's authority to deny permits does not affect equivalency. The State does posses the ability to deny permits underWAC 173-303-840. For example, -840(1)(c) allows the State to deny a permit for an applicant's refusal or failure to correct deficiencies in his or her application. Also, see 840(8)(a); the final decision may be a decision to deny a permit or to deny apermit for the active life ofa facility or unit. U. State statutes and regulations that classify as Class 1 certain permit modificationsrequested by owners/operators necessary to enablepermitted facilities to comply with the land disposal restrictions as indicated in Revision Checklist 61. Specifically these modifications include 1) adding restricted wastes treated to meet applicable 40 CFR Part 268 treatment standards or adding residues from treating "soft hammer" wastes, 2) adding certain wastewater treatment residues and incinerator ash, 3) adding new wastes for treatment in tanks or containers under certain limited conditions,.and 4) adding new treatmentprocesses, necessary to treat restricted wastes to meet treatment standards, that take place in tanks or containers. Federal Authority: RCRA §§2002(a), 3004, 3005 and 3006; 40 CFR 270.42 as amended March 7, 1989 (54 FR 9596). Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d)

. 24Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993,

• effective January 8, 1994. Remarks of the Attorney General The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 61).



### xx. STANDARDS FOR THE MANAGEMENT OF WASTE FUEL AND USED OIL AND FOR THE BURNING OF THESE MATERIALS IN BOILERS AND INDUSTRIAL FURNACES A. State statutes and regulations contain the following requirements regarding the burning of waste fuel and used oil fuel for energy recovery in boilers and industrial furnaces as indicated in Revision Checklist 19: Federal Authority: RCRA §§3001, 3004 and 3014(a); 40 CFR Parts 261, 264, 265 and 266 as amended November 29, 1985 (50 FR 49164), November 19, 1986 (51 FR 41900) and April 13, 1987 (52 FR 11819). 

# •

• Citation of Laws and Regulations: Date ofEnactment and Adoption Hazardous Waste Management Act RCW 70.105.130;RCW 70.105D.030(1)(d)

. Dangerous Waste Regulations Chapter 173-303 WAC, adopted December 8, 1993, effective January 8, 1994. Remarks of the Attorney General

. As noted on the Revision Checklist 19, the State citations are equivalent to the Federal requirements with the exception oftwo analogs: (1) WAC 173-303-515(l)(a) which is more stringent than the Federal analog in that the State rule does not exempt "small quantity generators" regulated under 40 CFR Section 261.5, and (2) WAC 173-303-515(l)(d)(iii) where the State has added "polychlorinated biphenyls at 2 ppm" to Table 1. WAC 173-303-120(2)(a)(iii)(A) & (B) and WAC 173-303-120(3)(d)(i) are equivalent to 40 CFR 261.6(a)(2)(iii) and 261.6(a)(3)(iii). However, they are worded and formatted differently. The State regulations adopt, by reference, the Federal interim status standards for incinerators, 40 CFR 265.340(a)(2), at WAC 173-303-400(3)(a)

.

25 ·1

# • MEMORANDUM'OF AGREEMENT <MOAl
With respect to the Memorandum ofAgreementbetweenthe Environmental ProtectionAgency and the State ofWashington, DepartmentofEcology dated November 26, 1985, the Addendum dated July 25, 1988, and the Addendumdated October 17, 1994, I hereby certify that: (1) The State has the authority to enter into the agreement; (2) The State has the authority to carry out the agreement; and (3) No applicable State statute (including the State Administrative Procedures Act) requires that the procedure be promulgated as a rule in order to be binding.



# • rr**§~** Signature
Tanya Barnett Assistant Attorney General October2, 1995



# • 26