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# • OFFICEOFTHE**ATTOR~GENERAL**

Inter-officeCorrespondence Date: August 24, 1984

To: CharlieRoe

# ~om: Charlie

# Dou~e
Subject:RCRA Final Authorization--Attorney General's Statement



# • As youprobably recall, a June 25, 1984 letter toMr. DonaldW. Moos from you and I was submitted to the

## u.s. Environmental ProtectionAgency (EPA) as part of this state's application for final authorizationunder the Resource Conservation and RecoveryAct of 1976 (RCRA), 42 U.S.C. 6901 et seq. EPA has determined that the application submitted is-Complete for the purpose of EPA's formal reviewprocess. EPA will determine in late September, tentatively, whether to grant authorization to the State ofWashington• By letter**dated~uly** 27, 1984, the Regional Office of EPA submitted comments onWashington's application for final authorization. I am told that these comments reflect, inpart, review by EPA'aHeadquarters' Office. The comments include some items concerning theAttorney General's Statement. This memo is intended to list those items and to suggest a response. I do not
now plantomake further formal response to EPA's comments, this is a matter,which you and I should discuss. I am forwarding a copy of this memo, however, to the Department's hazardous waste program staff.

Comment 1. Effective Dates. EPA requests that a statement be supplied to the effect that the authorities relied on in the Attorney General's Statement have been legally adopted, with the dates of adoption. All the authorities relied on in the Attorney General's Statement are presently effective. The Department of Ecology adopted amendments to its dangerous waste regulations, ch. 173-303WAC, on two occasions this year. One batch of amendments was effectiveMay 17, 1984, the second group of**arnend~**

.rnents was effective July 27, 1984.

Comment 2a. Authority to Regulate Recyclers. I;:PA requests that
a statement describing the Department's authority to regulate 

# • hazardous waste recycling be supplied. This statement is supplied in theAttorney General's Statement atpages 8 and 9. The statement there refers to RCW 70.105.130, 70.105.145, and 70­

•10SA•060(4)•

# • :nter-officeCorrespondence

Charlie Roe Page Two August 24, 1984

Comment 2b. Authority to Regulate Dangerous Waste Disposal. EPA requests clarification of the Department's authority to regulate disposal of dangerous waste. I consider this matter to be resolved on page nine of the Attorney General's Statement as submitted. I refer you to paragraph three on page.nine.

Comment 2c. Authority to Regulate Generators. EPA requests a statement of the state's basis to regulate hazardous waste generators. The state's basis to regulate hazardous waste generators is included in the Attorney General's Statement at page 10. The statement at that page identifies the state's authority as being located in RCW 70.105.130, 70.105.145, and 70.105A.060(4).

Comment 2d. Authority to Establish Permit Requirements. EPA requests that the state's authority to establish requlations which have procedures to modify, revoke, reissue, and terminate 

# • permits be described. This authority is identified at page 13 of theAttorney General's Statement. The authority to adopt regulations identified there is in RCW 70.105.130, 70.105.145, and 70.10SA.060(4).

Comment 2e. Authority of theWashington State Patrol. EPA requests that the effect of ch. 46.48 RCW, which authorizes the Washington State Patrol to adopt regulations concerning transportation of hazardous materials, be analyzed with respect to its effect on the state's RCRA program. The Washington State Patrol is an independent agency vested with its authority by statutes unrelated to the Department of Ecology. I do not expect the State Patrol's program of hazardous materials transport regulation to cause any conflictwith the Department of Ecology's regulations. The Department of Ecology has independent authority to enforce its regulations. See RCW 70.105.080. This authority is unrelated to the enforcement authority included in ch. 46.48 RCW.

Comment 3. Public Participation in Enforcement. The Department of Ecology, for interim authorization under RCRA, agreed not to oppose a request for intervention in civil enforcement proceedings brought under the dangerous waste statutes. This assurance was required by EPA regulations. The question EPA poses here is if theAttorney General's Office has.independent authority to enforce the dangerous waste statutes, then will the Attorney General's 

# • Office also assure EPA that itwill not oppose intervention in civil enforcement proceedings? My initial response is to suggest that the assurance of the Department, as the client and agency requesting civil enforcement be conducted by the Attorney General's*.'­



# . ;' Inter-officeCorrespondence 

# • Charlie Roe PageThree August 24, 1984

Office, should be sufficientto satisfyEPA's regulatory requirements. In the event,that this response is not adequate, thenyou and I should discuss further options.

Comment 4. Signature of theAttorney General. EPA has requested
a citation to the authority of AssistantAttorneys General to sign the statementonbehalf of theAttorney General's Office. Thiswas resolvedonce for interim authorization. I would refer EPA to RCW·43.l0.060.

Comment 5. 

### IndianLands. EPA intends to act in accordance with itsprevious position, unless some guidance from theNinth Circuitof the CourtofAppeals is forthcoming before final authorization is granted.

CKD:pk

cc: Lynda Brothers 

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