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REVISION ATTORNEY GENERAL'S STATEMENT

Final Authorization for Changes to the Federal

RCRA Program From .lune 1989 Through January 1993

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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

supplements the previously certified authorities described in my (or my

predecessors) certification(s) of June 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 70.105.130 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. The cited

statutes and regulations were all lawfully adopted by December 8, 1993, and are

currently in effect.

Ecology is authorized to incorporate Federal regulations by reference pursuant to

RCW 34.05.365.

The following Revision 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 of the checklists

discussed below, see the appropriate attached Revision Checklist.

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:

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(8) Listing of commercial 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

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amended July 10, 1987 [52 FR 26012], Revision Checklist 41; and

as amended April 22, 1988 [53 FR 13382], Revision Checklist 46.

Federal Authority: RCRA §3001(b).

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 attached Revision

Checklist 29 and more stringent for Revision Checklist 41. The State is more

stringent at 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 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 (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 of spent 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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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 (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 1000 kilograms/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 the Federal requirements (See

the attached Revision Checklist 23). Also, many of the State equivalent sections

(analogs) are worded differently than the Federal 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 of less than 1000 kg per month which corresponds

with the Federal section of 262.34(d). The State definition of small quantity

generator appears in -070(8), which corresponds with the Federal 261.5 conditionally

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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 of conditionally 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 equivalent because a .generator

is only a small quantity generator and eligible for exemption if his 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 of these wastes would not be a small quantity generator. Aggregated waste

quantities of -070(8) are calculated by differentiating between categories of QELs.

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 of different 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 stringent in the second and fourth sentences

than the corresponding Federal provision 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 the Federal 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 Handling to 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 not be designated as a dangerous waste and would therefore not

be counted by a small quantity generator (See -070(1)(b), -070(7) (a), and -071(3».

The State IS equivalent because 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 not require 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 equivalent because

the QELs are specified in each of the 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 the Federal 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

designation procedures 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. If he had a mixed

hazardous/solid waste, he could be a small quantity generator only if the waste was

under the QEL.

WAC 173-303-070(8)(c) is more stringent than the Federal 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·

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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 stringent because the

combined list defines many of the "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 of clarification, 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 of spills.

The State is more stringent than 262.20(e) in that the State creates no exception to

manifesting requirements for waste that is reclaimed under a contractual agreement

for generators of greater 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 the Federal 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, the Federal

accumulation limit is 180 days under normal circumstances, but 270 days if the 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, the generator must transport 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.

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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 their part A application. The State rule does not include any

compliance dates. This does not affect equivalency since the Small Quantity

Generator regulations are a HSWA provision and were immediately enforceable by

the Federal government upon their promulgation. The date of March 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 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 (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 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 (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 the Federal 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

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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 of when

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 preventa generator from

losing track of a sample. Additionally, this issue has been addressed in a RCRA

Hotline question and answer in November 1989 regarding the Treatability Studies

Sample Exemption. The RCRA Hotline response 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, if so, 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 of the exclusion

are complied with. This is restated in the preamble to the July 19, 1988 Federal

Register (53 FR 27292, 27295), which state that, upon completion of the treatability

study, the owner/operator of the laboratory 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 10,000 kg 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 the Federal requirements for two analogs. The first,

WAC 173-303-071(3)(r)(ii)(F) , is more stringent than the Federal 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 of receipt 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 of Enactment and Adoption

Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d).

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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 to regulation under Subtitle C of RCRA as indicated in Revision Checklists

74, 108 and 117B. State statutes and regulations also provide for the addition of 25

organic chemicals and their regulatory levels to the list of toxic constituents of

concern as indicated in Revision Checklist 74.

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 of Enactment and Adoption

Hazardous Waste ~anagement 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 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/her basis 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 allow a 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 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 is more stringent than the Federal 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 (50 FR·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

the Federal 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

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State mandates that the weight of the 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 meant to clarify specified State citations. WAC

173-3q3-160(2)(b): Federal regulations provide for three methods of cleaning a

.container that held acutely hazardous wastes: (1) triple rinsing with an appropriate

solvent, (2) cleaning by another method to achieve equivalent results, or (3) removing

the inner liner. State regulations differ only in that (1) the rule specifies that a

minimum volume (10% or more) of rinsate must be used, and (2) the allowable

alternative method has been specified: for containers that might be damaged or made

unusable by rinsing with liquids, an empty container may be vacuum cleaned, struck,

with the open end of the container up, 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 under regulation. .

WAC 173-303-110(3)(c): State regulations adopt, by reference, 40 CFR 261

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 CFR Part 261

Appendix VII.

WAC 173-303-110(3)(d): 40 CFR 261 Appendix X is adopted, by reference, for the

purpose of analysis for Chlorinated Dibenzo-P - Dioxins and Dibenzofurans.

WAC 173-303-400(3)(a): This citation does not directly adopt 40 CFR 265. 1(d)(l)

by reference; however, -400(3)(a) adopts the standards of Part 265 Subparts F-R of

the EPA provisions including any cross references to other EPA requirements. This

includes the reference to 265.1 regarding special requirements for F020, F021, F022,

F023, F026, and F027. Therefore, the State through its .incorporation of subparts

F-R has also incorporated the provision of 265.1(d)(1).

VI. PAINT FILTER TEST

A. State statutes and regulations require the use of a paint filter test to

determine the absence or presence of free liquids in either a containerized or bulk

waste as indicated in Revision Checklists 16, 17 F and 25.

Federal Authority: RCRA §§3004 and 3005; 40 CFR Parts 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

cites the 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 UNIFORM MANIFEST SYSTEM AND

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, adopted December 8, 1993,

effective January 8, 1994.

Remarks of the Attorney General

The State is equivalent to the Federalrequirements (See attached Revision Checklist 45).

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XI. GROUND-WATER MONITORING

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) of chemicals plus those

chemicals specified by the Regional Administrator on a site-specific basis as indicated

in Revision Checklist 40.

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 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

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 listed in 40

CFR Part 264 Appendix IX [ ] and any other constituents not listed there which have

caused waste to be regulated under this chapter. A person 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 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

The State analogs are equivalent to the Federal requirements except for one analog,

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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 that miscellaneous units comply

with regulations (Subpart F) regarding releases from solid waste 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 (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, adopted December 8, 1993,

• effective January 8, 1994.

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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 a reference to -645, Releases from regulated units, which is not included in

the Federal requirement.

For purposes of clarity 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 not interim; 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 (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(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) .

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G. State statutes and regulations allow qualified companies that treat, store

or dispose of hazardous 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 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. 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 of the financial instruments to be that of

261. 151(h)(2). WAC 173-303-620(10) requires that the wording of the corporate

guarantee be that of 261. 151(h)(2). Additionally, WAC 173-303-620(4)(b) adopts the

requirement of 264.143, and 264.143 requires the wording of 264.151; WAC

173-303-620(4)(b) adopts the requirements of 264.145, and 264.145 requires the

wording of 264.151. 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 of 264. 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 of the 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.

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Federal Authority: RCRA §§1006, 2002, 3001 - 3007,3010,30'14,3017 - 3019 and

7004; 40 CFR Parts 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 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

Revision Checklist 28

As noted on the attached Revision Checklist 28, some of the State analogs are more

stringent. These and some of the 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 of secondary materials are delivered to a dangerous waste treatment, storage or

disposal facility or legitimate recycler. 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 State provision 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 of new tank systems or components to obtain a written assessment

of the systems' structural integrity and suitability for storing/treating waste. The state

rule, however, requires this both of interim status and final status facilities, while the

federal rules require it only for owners/operators seeking a final status permit.

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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 the permit and he or she accepts

responsibility for the requirements that only he or she can satisfy. Although the State

wording is different than the Federal requirement, it is equivalent. Due to changes

under RCW 70.105.215, Ecology included additional permit 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 requirement because the State rule includes a provision 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 to Part 264.194(c), is equivalent to the Federal

requirement even though the State rule does not include the "note" present in the

Federal rule. The note does not affect equivalency- because it does not concern the

requirements of secondary containment systems. The note pertains to the regulations

that govern the collected material. It is 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 stringent because 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 requirement in the Federal regulation.

WAC 173-303-640(7)(d) is more stringent than the Federal 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, whichever is 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 equivalent either to 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 not include the phrase "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 equivalent because -380 requires results of analyses 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 of 6000 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 the precautions taken for ignitable, reactive or incompatible wastes, and 2)

yearly inspections, neither of which is required by the federal rule.

The State analog to 265.201(e), WAC 173-303-202(5) is more stringent because the

State has two additional requirements beyond the Federal rule: again, 1) a

requirement for documentation in the operating record of the precautions 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

the Federal 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 than the Federal requirement at 270.16 because the State

has two additional requirements: WAC 173-303-806(4)(c)(xi), a description of the

marking and/or labeling of tanks, and -806(4)(c)(xii), tank design to prevent escape of

vapors and emissions of acutely 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 of devices 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 not include

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 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 Gen'eral

The State is equivalent to the Federal requirements for most of the 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 100 year floodplain 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 stringent because it adds "daily completely 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-year research,

development, and demonstration permit (renewable each year, but not 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 if necessary 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 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 (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

Part B 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 of Enactment 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,

effective January 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 of the State analog to 270. 14(b)(5). The

State analog, WAC 173-303-806(4)(a)(v), is more stringent because 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 if no public concern

exists for a proposed permit modification. Owner/operator permit 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 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 (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 Federal rules: 1) 6.b. Decrease rate

of waste 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 a permit 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 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 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 to perform a trial burn whereas under the Federal rule at 270.62(d), the

applicant may either perform a trial burn or submit other information which could

exempt it from performing a trial burn .

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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 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 (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) a justification 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 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

The State analogs are equivalent to the Federal requirements (See attached Revision

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Checklist 61).

T. State statutes and regulations that clarify that a permit can be denied

for the active life of a 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 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 (See attached Revision

Checklist 61).

The State does not have a direct analog to 270.29 for a general permit denial.

However, absence of a direct analog that expresses the State's authority to deny

permits does not affect equivalency. The State does posses the ability to deny permits

under WAC 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

a permit for the active life of a facility or unit.

U. State statutes and regulations that classify as Class 1 certain permit

modifications requested by owners/operators necessary to enable permitted 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 treatment processes, 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 of Laws and Regulations; Date of Enactment and Adoption

Hazardous Waste Management Act RCW 70.105.130; RCW 70.105D.030(1)(d).

24
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 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).

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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 .

As noted on the Revision Checklist 19, the State citations are equivalent to the

Federal requirements with the exception of two 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).

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MEMORANDUM' OF AGREEMENT <MOAl

With respect to the Memorandum of Agreement between the Environmental

Protection Agency and the State of Washington, Department of Ecology dated

November 26, 1985, the Addendum dated July 25, 1988, and the Addendum dated

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

October 2, 1995

• 26