State-Initiated Changes Table

This table consists of state-initiated amendments to the Dangerous Waste Regulation chapter 173-303 

WAC. The table lists the state citation that was amended, the reason for the amendment (clarifications, 

citation corrections, etc.) and the related federal citation and checklist number.

Yellow highlighted rules indicate state-only amendments. There are no analogous federal citations for 

these rules and EPA does not authorize or enforce state-only rules. 

Sections in red indicate rules that were changed from the proposed (1/15/09) version to adopted 

version (6/30/09).

State Citation 

WAC 173-303-

Reason for change Federal 40 CFR

Citation

Checklist 

Number

030 Clarification- Add acronyms (PODC, DRE, APTI, 

MACT, TEQ, CAMU, TU)

260 related

040 Clarify definition for Closure- update to clarify 

closure applies to recyclers, some generators 

and some transporters

262.10

040 Compliance Procedure- removed the cited dates 

and added RCW title

260 related

040 Moved Inhalation LC50 definition from section 

100

Modified following definitions for consistency 

with Toxic Category Table in WAC 173-303:

 100(5)Dermal LD50 definition modified to 

Dermal Rabbit LD50

 Oral LD50 definition modified to Oral Rat 

LD50

No direct federal analog

State-only – broader in 

scope program element

040 Person- Updated to match federal rule 260.10

040 Staging Pile- Updated to match federal rule 260.10 CL 175

040 Surface Impoundment- Change language to 

reflect federal definition by deleting the word 

“dangerous”

260.10

045 Incorporation by reference updated to July 2007 260 -280 related

070(7)(c) Clarify that counting exclusion applies to permit 

by rule (PBR), not to treatment by generator 

activity

261.5(c) Intro 142

070(8)(d) Citations corrected for used oil burned for 

energy recovery

261.5 related 23?
071(3)(cc)(ii) Deletion of incorrect NAICS codes - 487110, 

722310, 425110

261.4(a)(12)(i),(ii)

081(1), 081(1)(a), & 

082(1)

Clarification on appropriate commercial 

chemical product waste code

261.33, 261.31(a)

*083(2)(b)(iii)(A&(B) Clarification- SW-846 is incorporated by 

reference at 110(3)(a)

261.35(b)(2)(iii)(A)&(B) 82, 92

*090(5)(a)(i) and 

(6)(a)(i), & (iii)

Clarification- SW-846 test method is 

incorporated by reference at 110(3)

Updates to ASTM and NACE procedures

261.21(a)(1), 261.22(a)(1) 

and (2)

090(6)(a)(ii) Clarify that the NACE test method is the same 

as SW-846 Method 1110A

261.22(a)(1) and (2)

100(2), (3), (5)(b)(i) Clarify book designation requirement to use 

data with highest toxicity value and to evaluate 

toxicity to aquatic species. 

Two state toxicity data sources addedEcotoxicology database (ECOTOX) and 

Hazardous Substance Database (HSDB)

No direct federal analog

State-only – broader in 

scope program element

100(5)(c)(i)&(ii) Delete unnecessary parenthetical reference 

regarding category D or above at (5)(c)(i), and 

“category range” at (5)(c)(ii).

No direct federal analog. 

State-only – broader in 

scope program element

100(5)(b)(iii) 

Example 1 

continued

Delete incorrect information in example No direct federal analog. 

State-only – broader in 

scope program element

104(5) & 180(5) Delete lab pack codes due to a conflict with new 

federal manifest rule

No direct federal analog. 

State-only – broader in 

scope program element

110 title First sentence revised by adding word 

“analytes”

260.1, 270.6 related 126, 158

110(2)(a)(vi), (2)(b) Clarification on selection of sampling device

Reference to AC&D liquid sample removed

260.11, 261 (Appendix I, 

Index), 

*110(3)(a) Added “IIIB Update” and “Final Update IV” to 

SW 846 reference 

260.11(a) through (g), 

related

110(3)(b) Biological Testing Method guidance update. 

Eliminated the need for generators submitting 

waste for bioassay to do a % solid 

determination. 

No direct federal analog. 

State-only – broader in 

scope program element
110(3)(c) Chemical Testing Method guidance revisions 

and updates 

 

Previously authorized as 

and currently related to 40 

CFR 261 Appendix 1 –

Test Methods 

*110(3)(f)

110(3)(e-h)

Clarification- Use test methods in SW-846 

Chapter 2 for identifying toxic constituents.

Updated referenced test methods to latest 

revision date

260.11 – References to 

Publications and 261 

Appendix II

110(3)(g)(x) Duplicate deleted [see (vii)] 260.11 – References to 

Publications

CL 154 & 

158

110(5)

Change from 

proposed rule

Clarify requirement to submit petition for 

alternate test method

260.11 – References to 

Publications

110(6) Clarification- Test method results need to be 

reported on a dry weight basis

Technical clarification, 

consistent with and no 

less stringent than the 

federal program

110(7) “Ground-Water Monitoring List” Appendix IX to 

40 CFR Part 264 is replaced with the version in 

Appendix 5 of Chemical Testing Methods for 

Designating Dangerous Waste, Department of 

Ecology Publication #97-407, March 2008,”

which is incorporated by reference into the WAC 

at 173-303-110(1). 

264 Appendix IX

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

as (c)(ix)

261.6(c)(2) 13, 79

*140(2)(a)

Change from 

proposed rule

Clarify that section 110 test methods must be 

used

268 related, conforming 

change to reflect retention 

of use of SW-846 

methods,

140(4)(b)(iv)(B)(I) ASTM Test method update 264.314(e)

145(2)(b) Add local air authorities in eastern Washington No direct federal analog. 

State-only – broader in 

scope program element

200(1)(b)(ii) & (iii)

200(4)(a)(iv)(A)(II)

Delete “stress of installation” phrase and insert 

in 640 and 675 

262.34(a)(1)Intro, 

262.34(a)(1)(ii), 

262.34(a)(1)(iii)

200(1)(b)(iv) Correct the federal references by substituting 

state citations for closure and financial 

assurance.

262.34(a)(1)(iv)
The word “shall” was changed to “must”.

200(2)(a) Satellite Accumulation- Removed “per waste 

stream” from WAC 200(2)(a). EPA will not be 

authorizing this change until the WAC 200 (2)(b) 

and (2)(c) have also been corrected by the 

removal of the phrase “per waste stream”. 

[federal counterpart 

262.34(c); although not 

part of authorization 

revision determination in 

2010]

12

270(3) 49 CFR 171.16 reference- updated transporter 

spill reporting address and method

263.30(c)(2)

281(4) Citations corrected from 840 to 830 124.311(a) 

282(2)(b)(v) Deleted obsolete language and added new 

language for recycling facilities, allowing them a 

conditional exemption from siting criteria

No direct federal analog

282(3)(p) Clarify definition of significant expansion No direct federal analog

282(4)(a) Delete obsolete language related to the original 

effective date of the section

No direct federal analog

*300(5)(f)

Change from 

proposed rule

Clarify that section 110 test methods must be 

used where specific WAC citations are 

referenced

264.13(b)(6); 265.13(b)(6); 

264.73(b)(3); 265.73(b)(3), 

conforming change to 

reflect retention of use of 

SW-846 methods,

310(1) Reworded to be consistent with federal rule 264.14; 265.14

*380(1)(c)

Change from 

proposed rule

Clarify that section 110 test methods must be 

used where specific 40 CFR citations are 

referenced

264.73(b)(3); 265.73(b)(3); 

conforming change to 

reflect retention of use of 

SW-846 methods,

*380(1)(f)

Change from 

proposed rule

Add “incorporated by reference” for clarity

Clarify that section 110 test methods must be 

used where specific WAC citations are 

referenced

264.73(b)(6); 265.73(b)(6), 

conforming change to 

reflect retention of use of 

SW-846 methods,

380(2)(c) Add “tons (2000 lbs)” to unit of measure Table 1 264 Appendix I (2) Table 

1; 265 Appendix I (2) 

Table 1

400(2)(c)(xiv)

400(2)(c)(xv)

Language added for equivalence with federal 

rule. 

265.1(c)(5)

400(3)(c)

Change from 

proposed rules

Added the word “qualified” to the description of 

an independent registered professional 

engineer. This occurs nineteen times in the sub 

subsection

265 related – more 

stringent state requirement

*400(3)(c)(iii)

Change from 

Clarify that section 110 test methods must be 

used where specific 40 CFR 265 subparts are 

265 related, conforming 

change to reflect retention 
proposed rule referenced of use of SW-846 

methods,

400(3)(c)(iv)

Moved from 

(3)(c)(x)

Reference regarding Subpart B is changed 

because the only part of Subpart B that is 

incorporated by reference is 265.19

265.19

400(3)(c)(xiii)(A)

Change from 

proposed rule

Correction- the word carbonaceous replaces 

carcinogen

265.300 Subpart N -

Landfills, related

505(1)(b)(iv) Citation corrected 266.20

506(3)(vii) Deleted CFC recycling exception from closure 

and financial responsibility requirements

264.110, 265.110 Subpart 

G related; 264.140, 

265.140 Subpart H related

510(1)(b)(i)(B) Correct internal citation 260.30(b)Intro, 

260.30(b)(1), 

266.100(b)(1)

*515(3) Clarify that section 110(3) test methods must be 

used 

279.10, conforming 

change to reflect retention 

of use of SW-846 

methods,

*515(4) Clarify that section 110(3) test methods must be 

used 

279.11, conforming 

change to reflect retention 

of use of SW-846 

methods,

*515(8), (9), (10) 

and (13)(b)

Change from 

proposed rule

Clarify that section 110(3) test methods must be 

used 

279.40-47, 279.50-59, 

279.60-67, 279.10, 

conforming change to 

reflect retention of use of 

SW-846 methods,

522(4) Correct the reference from 24 hour recycling to 

immediate recycling (antifreeze)

No direct federal analog

610(3)(a)(ix), 

(3)(b)(ii)(D), 

(8)(b)(iv), and 

(8)(d)(ii)(D)

Citation corrected 264.112 related

610(6) & (11)

Change from 

proposed rule

Add “qualified” to PE description 264.115; 264.120 – more 

stringent state requirement

24

610(12)(e) Correction- change “resource reclamation units” 

to ‘recycling units”

264.143
620(1)(e)(ii)

620(4)(d)(iv) Clarification that corporate guarantors are also 

subject to a minimum net worth criteria

264.143

620(4)(c) 

620(4)(e)(i) 

620(4)(f)

New financial instrument option- “assigned 

security deposit” for used oil processors and 

recyclers

264.143

620(4)(d)(i) Clarification that used oil processors may use 

partially funded trust funds

264.143

620(4)(d)(iv) Clarification that corporate guarantors are also 

subject to a minimum net worth criteria

264.143

620(5)(c)

620(5)(d)

620(7)

Edit- add hyphen to post-closure 264.143

*640(1)(b) Provide title for test method

Clarification that SW-846 is incorporated by 

reference

264.190

*645(4)(a) and (b)

*645(9)(g)(ii), (iii) 

and (iv)(A)

645(10)(g)

64610(4)

806(4)(a)(xx)(D)(II)

Note that the 40 CFR 264 Appendix IX GroundWater monitoring list is included as Appendix 5 

in the State’s Chemical Testing Methods for 

Dangerous Waste publication, #97-407, March 

2008, which is incorporated by reference at 

WAC 173-303-110(1). 

264 Appendix IX

645(8)(c) Update reference to Chapter 173-160 WAC 264.97(c)

640(4)(c)(i) & 

675(4)(a)(v)

Relocate “stress of installation” phrase from 200 264.573. 264.193 

64660(3)(d)(iv)(F) Correct “SW846” to read “SW-846” 264.552 related (CAMU)

665(13) New subsection

Added a reference to the liquid waste disposal 

provision in 140(4)(b). 

264.314

*690

*691

Change from 

proposed rule

Deleted proposed language requiring use of 

110(3)(a) test methods 

264.1030, 264.1050 (Air 

Emissions for Vents, and 

Equipment Leaks)

806(2)(a) Citation corrected 270.10
*806(4)(f)(iii)(A)(III) Clarification that equivalent analytical 

techniques must be approved by ecology

270.19

806(8)

Changed from 

proposed rule

Updated permit application requirements for 

consistency with federal rule and clarified that 

facilities must consult with Ecology about 

submittal of exposure information

270.10(c)

*807(2)(a)(iii) Clarification that equivalent analytical 

techniques must be approved by Ecology

270.62

810(11)(c) Duplicate provision deleted 270.30(j)(2)

810(16) Citation corrected 270.30(m)

830(4)(b)(vii) Citation corrected 270.42(b) related

902(2)(c)(i) – (vi) Citizen Proponent Negotiation- language added 

to correlate with existing language and new 

recycling facility exemption from siting criteria in 

282(2)(b)

No direct federal analog

*910(2)(d) Clarify that approved equivalent test methods 

will be incorporated at 110(3)

260.20(a), 260.21(d) 

910(3) Clarify that exemption petitions also go to EPA 

for federal listed wastes 

260.22(d)(1)(i)

9901

9902

Delete obsolete title 260 Appendix I, related

* These state citations were amended in response to the federal Methods Innovation Rule (MIR) (70 FR 

34537). This less stringent rule removed from federal regulations a requirement to use methods found 

in “Test Methods for Evaluating Solid Waste, Physical /Chemical Methods,” also know as SW-846. The 

state did not adopt the MIR, rather it amended state rules affected by the MIR changes to clarify that 

SW-846 test methods must be used, or in some cases requiring use of test methods specifically called 

out in WAC 173-303-110. The state declined to adopt MIR because it would increase the state workload 

in providing review of new test methods. Also, retaining use of SW-846 provides clear, well understood 

designation methods generators are familiar with.