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ADDENDUM

to the

REVISION ATTORNEY GENERAL'S STATEMENT ~@ ~W~~.: Final Authorization for Changes to the Federal Jl\ U

RCRA Program' . . FEB 2 2002

For Rules Adopted through June 2001 . ~~ MA.' ( .

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The following entries modify the Revision Attorney General's Statement dated July 30,

2001.

I. IDENTIFICATION AND LISTING

LL. Test Methods. The state regulation at WAC 173-303-110(3)(g)(x) contains a misspelled

word. Isoteriscope should be isoteniscope. The rule will be interpreted to mean the same thing

as the federal rule at 40 CFR 260.11(a)(15). (Revision Checklist 154)

xv. STANDARDS FOR FACILITIES

w. Organic Air Emission Standards. The state regulation at WAC 173-303-110(3)(g)(x)

contains a misspelled word. Isoteriscope should be isoteniscope. The rule will be interpreted to

mean the same thing as the federal rule at 40 CFR 260.11(a)(15). (Checklist 158)

The state analog to 40 CFR 264.1050(c), WAC 173-303-691(1)(c), is equivalent rather than

more stringent. (Revision Checklist 163)

x. Military Munitions. The state rule at WAC 173-303-578(3) contains the cross-reference

173-303-240(6)(e), which should be 173-303-240(10). WAC 173-303-578(3) contains the crossreference 173-303-400(2)(c)(xii), which should be 173-303-400(2)(c)(xiii). The rule will be

implemented using the correct citations, and corrected during the next rulemaking. (Revision

Checklist 156)

z. Military Munitions. The state is not seeking authorization for the analog to 40 CFR

266.205(d)(2). The state rule is currently more stringent than the federal rule for this provision.

(Revision Checklist 156)

The state rules do not include the provision, "amendments to DDESB storage standards" at 40

CFR 266.205(e), which will be added to the state rules during the next rulemaking. However,

the state rules require that the DDESB standards be followed at WAC 173-303-578(4). 40 CFR

266.205(e) states that any amendments to the DDESB standards go into effect for purposes of

hazardous waste regulation when the Department of Defense publishes them in the Federal

Register. The state will implement the most current version of the DDESB standards, which the

Department of Defense is required to comply with under 40 CFR 266.205(e). (Revision

Checklist 156)
In the Attorney General's Statement, the state noted that it is equivalent to 40 CFR 266.205(d)

and (d)(l) based on the state's interpretation that chemical munitions are already subject to

hazardous waste designation. The Federal Register preamble at 62 FR 6633, states that

munitions scheduled for destruction by international treaty or Congressional action are not

considered wastes, and such action is not considered as a decision to discard a munition. The

state rule is m:ore stringent since it does not contain a provision that differentiates between

wastes that rrnist be designated and "waste" chemical munitions or chemical munitions that are

not considered to be wastes because they are scheduled for destruction. (Revision Checklist 156)

AA. Post Closure Permits. The State incorporated 40 CFR 265.118(c)(4) by reference at

WAC 173-303-400(3)(a); however, the state is not seeking authorization for 265.118(c)(4).

(Revision Checklist 174)

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BB. Alternative requirements for regulated units co-located among SWMUs. The

requirement that closure and post-closure plans include "either the alternative requirements

applying to the regulated unit, or a reference to the enforceable document containing those

alternative requirements" is located at WAC 173-303-610(3)(a)(ix) for closure plans and WAC

173-303-610(8)(b)(iv) for post-closure plans. In situations where alternative requirements are

established at a permitted facility, modifications will be carried out using the existing procedures

for closure and post-closure plan approval and modification, and for permit modification.

Ecology agrees with EPA's expectation (63 FR 56725, October 22, 1998) that a decision to

establish alternative requirements would likely be considered a "class 3" permit modification.

(Revision Checklist 174)

The state's closure performance standard is located at WAC 173-303-610(2)(a). It requires that 0

owners/operators close facilities in a manner that: minimizes the need for further maintenance;

controls, minimizes or eliminates to the extent necessary to protect human health and the

environment, post-closure escape of dangerous waste, dangerous constituents, leachate,

contaminated run-off, or dangerous waste decomposition products to the ground, surface water,

ground water, or the atmosphere; and returns the land to the appearance and use of surrounding

land areas to the degree possible given the nature of the previous dangerous waste activity. The

provision allowing Ecology to establish alternative requirements for certain regulated units is

located at WAC 173-303-610(l)(d). In the opening clause, WAC 173-303-610(1)(d) expressly

excepts WAC 173-303-610(2)(a}-the closure performance standard-from the provisions that

may be replaced by alternative requirements. (Revision Checklist 174)

DD. Staging Piles. The state did not include the operable language in the definition ofstaging

pile at WAC 173-303-040 that states that a staging pile must be designated by the Director.

However, as noted in the preamble to the proposed rule, the state wrote that "before being used

to store dangerous remediation waste, staging piles must be approved by Ecology". Ecology

intends to implement the rule the same way as the federal regulations for staging piles that are

incorporated by reference at WAC 173-303-646(8). The federal definition, which requires that a

staging pile must be designated by the Director, and the requirements for staging piles are

incorporated by reference at ·WAC 173-303-646(8). (Revision Checklist 175)

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XX. STANDARDS FOR THE MANAGEMENT OF WASTE FUEL AND USED OIL AND

FOR THE BURNING OF THESE MATERIALS IN BOILERS AND INDUSTRIAL

FURNACES

E. Used Oil. The state regulations are more stringent than 40 CFR 261.5(j) because the state

has not adopted this provision, which allows CESQG waste mixed with used oil to be managed

as used oil. Such a mixture is subject to full regulation as a dangerous waste mixture under

Chapter 173-303 WAC. (Revision Checklists 112 and 122)

The state regulations are equivalent to the federal regulations for 40 CFR 279.24(a)(2) (where

generators are allowed to self-transport used oil in quantities of less than 55 gallons). This

provision was incorporated by reference at WAC 173-303-515(6). The state rules contain an

additional requirement that allows generators to self-transport quantities of greater than 55

gallons; this additional requirement is less stringent than the federal regulation. (Revision

Checklist 112)

XXI. LAND DISPOSAL RESTRICTIONS

FF. Treatnient Standards for Contaminated Soils. In the Attorney General's Statement, the

state notes that its analog to 262.34(d)(4) is WAC 173-303-201(2), which refers to WAC 173-

303-200, which includes the specific analogous citation which was cited as WAC 173-303-

201(2) and 201(1)(f). The latter citation is incorrect. It is WAC 173-303-200(1)(f) and not

201(1)(f). (Revision Checklist 179)

XXIII. UNIVERSAL WASTES

F. Universal Waste Lamps. The State's regulation at 173-303-573(9)(c)(iii) rewords the

federal requirement at 273.13(d)(1) by using the words "minimize breakage" rather than the

federal wording "contain any lamp ...". The state's requirement is equivalent to the federal. The

state uses the words "minimize breakage" instead of "contain" to emphasize that the lamps

should be handled so as to minimize breakage. The state rule is equivalent in that it requires the

lamps to be managed the same way they must be under federal rule- the lamps must be placed in

containers that are structurally sound, adequate to prevent breakage, and compatible with the

contents ofthe lamps. (Revision Checklist 181)

The state is more stringent than the federal requirement at 40 CFR 273.9., the definition of

universal waste because it does not allow pesticides to be managed as universal waste. The state

is more stringent than the federal rule for pesticides managed as universal waste because

pesticides are subject to full regulation under Chapter. 173-303 WAC. (Revision Checklist 181)
PERMITS BY RULE

The state provision at WAC 173-303-802(5) is broader in scope than the federal regulations as it

applies to state-only wastes. The state is more stringent as the rule applies to federally regulated

hazardous wastes generated on site. Such wastes are excluded at 40 CFR 270.I(c)(2)(iv) and (v).

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